Blackmagic Design Pty. Ltd.
License Agreement for DaVinci Resolve
IMPORTANT: Read this before installing this software. This is a legal contract between
yourself and Blackmagic Design Pty. Ltd. Before you click on the “Agree” button, it's
important you carefully read the terms and conditions of this Agreement. By clicking on
the “Agree” button, you are agreeing to be bound by these terms and are becoming a
party to this Agreement. If you do not agree to all of the terms, click the “Disagree”
button and do not install or use this software.
1. Subject to the terms of this Agreement and subject to payment of applicable license fees,
Blackmagic Design Pty. Ltd. ("Blackmagic Design") hereby grants to you a non-exclusive
license to use this software product (the "Software") and accompanying documentation on the
terms below. If you were granted a license to the Software with a Blackmagic Design product,
such as a camera, your license to use the Software is subject to you retaining ownership of that
product and your license is automatically transferred when you sell or transfer ownership of the
product. The Software may be used on a single system only, and may be copied for archival
purposes, provided any copy must contain all of the original Software's proprietary notices. This
license to use on a single system entitles you to access and use the Software in one, and only
one at any time, of the following ways:
1.1 You may install the Software on a single computer device for access and use by one end
user, at any one time.
1.2 You may install the Software on a computer or computer system operating one or more
virtual machines including, without limitation, any infrastructure-as-a-service or platformas-
a-service computer system provided that, in such a case, each virtual machine is
considered to be a single system for the purposes of this License Agreement and only one
end user, at any one time, may access and use the Software on that virtual machine.
1.3 You may use the Software to enable one end user, at any one time, access to the
Software online via a software-as-a-service computer system. For the purposes of
enabling an end user to access to and use of the Software via a software-as-a-service
computer system, you may only grant to the end user rights to access and use the
Software subject to the end-user first agreeing to terms of service that include terms
equivalent to sections 2 to 6 of this License Agreement.
2. Blackmagic Design makes no representations concerning the suitability for any purpose of
the Software or about the accuracy of data or information made accessible by it. Other than the
warranties specifically set out in this Agreement and other than as required by law the Software
is provided “as is” without express or implied warranties, including but not limited to implied
warranties of merchantability and fitness for a particular purpose or non infringement of
intellectual property rights of third persons. Blackmagic Design assumes no liability for any
damages (whether direct, incidental or consequential) suffered by you or any third person as a
result of use of the Software. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED
WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE
OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL BLACKMAGIC DESIGN OR ITS
SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL BLACKMAGIC DESIGN BE
LIABLE FOR ANY DAMAGES IN EXCESS OF THE LICENSE FEE PAID BY YOU TO
BLACKMAGIC DESIGN TO LICENSE THE SOFTWARE, OR FOR ANY CLAIM BY ANY
OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU.
3. Content accessed through or created by this Software is the property of the applicable
content owner and may be protected by applicable copyright or other intellectual property laws.
This License Agreement conveys no rights to such content.
4. Blackmagic Design has no obligation to issue any updates, revisions, corrections, new
versions or manuals for this Software or otherwise to support this Software in any way.
5. Blackmagic Design reserves the right at any time to alter prices, features, specifications,
capabilities, functions, licensing terms, release dates, general availability or other characteristics
of this Software.
6. The Software is owned by Blackmagic Design or its suppliers. Title, ownership rights, and
intellectual property rights in and to the Software shall remain in Blackmagic Design and/or its
suppliers. You agree to abide by the copyright law and all other applicable laws of the Australia,
United States and other applicable jurisdictions. You acknowledge that the Software in source
code form remains a confidential trade secret of Blackmagic Design and/or its suppliers. You
may not, modify, translate, reverse engineer, decompile, disassemble, or create derivative
works based on the Software, copy the Software, or remove any proprietary notices or labels
on the Software. You must not rent, lease, or sublicense your rights under this License
Agreement except as may be expressly permitted in this License Agreement.
7. You may terminate this License Agreement at any time by destroying or erasing your copy of
the Software. Your license will terminate automatically if you fail to comply with the limitations
specified herein. Upon termination of this License Agreement, you agree to destroy or erase the
Software. In the event of termination, the provisions of paragraphs 2 to 6 of this License
Agreement will survive.
8. Blackmagic Design may collect, use and transfer machine specific data during internet based
Software license activation or deactivation. Information collected will be machine specific and
will be used for activation related Software support and Software license validation.
9. Blackmagic Design warrants for a period of ninety (90) days from the date you purchase a
license for the Software, that the Software will be free from material defects in normal use and
will perform materially in accordance with its documentation. Blackmagic Design’s entire liability
and your sole remedy for a breach of this warranty is that Blackmagic Design will, at its option,
either: (a) replace the Software, or (b) refund any License fee you paid for the Software. Any
refund or credit provided shall be conditional on return of any security device/s associated with
the Software in full working