AudioBridger End User Licence Agreement
=======================================

Last updated: 30 May 2026 (rev 2)

This is a legal agreement between you ("you", "the licensee") and
Blue Tomato Media ("we", "us") covering your use of the AudioBridger
software (the "Software"). By installing, copying, or using the
Software you agree to these terms. If you do not agree, do not install
or use the Software.


1. Ownership
------------
The Software is owned by Blue Tomato Media. It is licensed, not sold.
We retain all copyright, trade-mark, and other intellectual property
rights in the Software, the AudioBridger name, and the documentation.


2. Trial use
------------
You may install and run the Software without a paid licence to evaluate
it. In trial mode the sender and hub components each run for thirty
(30) minutes per launch and then exit. Receivers run indefinitely. No
features are otherwise removed during the trial.

Trial users are bound by all terms of this agreement, including
without limitation clauses 4 (Restrictions), 7 (Warranty), 8
(Limitation of liability), 9 (No claim for content, use, or
third parties), and 10 (Indemnification), to the same extent as
paid licensees.


3. Paid licence grant
---------------------
If you have purchased a licence and activated it with a valid licence
code, we grant you a non-exclusive, non-transferable, perpetual right
to use the Software for the major version you purchased ("v1", "v2",
etc.), within the limits of your tier:

- "Personal" tier: up to four (4) sender instances running concurrently
  in your network, plus unlimited receivers.
- "Pro" tier: unlimited senders and unlimited receivers.

A licence covers one cluster (a single network or facility you operate).
Each licence code allows a small number of activations across machines
in that cluster, intended to accommodate replacements and upgrades. To
move a licence to a new machine, deactivate the old one first via the
hub administration UI or by contacting support.

Future major versions of the Software may require a new licence.


4. Restrictions
---------------
You may not:

- Redistribute, sublicense, sell, rent, or lend the Software or your
  licence code to any third party.
- Modify, reverse engineer, decompile, or disassemble the Software,
  except to the extent expressly permitted by applicable law.
- Remove, alter, or obscure any copyright, trade-mark, or other
  proprietary notice in the Software or its documentation.
- Use the Software for any unlawful, illegal, illicit, fraudulent,
  defamatory, harassing, abusive, obscene, or otherwise wrongful
  purpose, or in any way that breaks the law or infringes the
  rights of others (including intellectual property, broadcast,
  privacy, surveillance, wiretap, and consumer-protection laws).
- Use the Software to capture, route, record, or transmit audio
  without the consent required by the laws of the jurisdictions
  in which you, the source, and the recipients are located.
- Use a single licence code on more cluster installations than the
  tier allows, or share it across customers or organisations.

You may make a reasonable number of backup copies of the Software for
your own use.


5. Updates and support
----------------------
We may release updates to the Software at our discretion. Minor and
patch updates within a major version are included with your licence.
Major version upgrades may be a paid upgrade.

We will use reasonable efforts to respond to support requests sent to
support@bluetomatomedia.com, but we do not guarantee any specific
response time or fix.


6. Third-party components
-------------------------
The Software may use third-party libraries (for example FFmpeg for
optional AAC streaming). Those components are governed by their own
licences. Where we ship them with the Software, the relevant notices
are included in the distribution. Where the Software loads them at
runtime from your system, you are responsible for complying with their
licences.


7. Warranty, "as is", and use at your own risk
----------------------------------------------
To the maximum extent permitted by law, the Software is provided "as
is" and "as available" without warranty of any kind, including any
implied warranties of merchantability, fitness for a particular
purpose, accuracy, reliability, availability, security, or
non-infringement.

You use the Software at your own risk. We do not warrant that the
Software will be uninterrupted, error-free, free from latency, free
from glitches or dropouts, secure against interception or
unauthorised access, or that any data, audio, or transmission will be
preserved, delivered, or kept private. We make no warranty
whatsoever regarding the behaviour, availability, or reliability
of third-party software, libraries, operating systems, audio
drivers, network equipment, internet service providers, or
devices that the Software interacts with or depends upon, and
we accept no liability for the acts, omissions, or failures of
any such third-party component or provider. You are solely
responsible for evaluating the Software's suitability for your
purpose, for any audio, signals or data you choose to route
through it, for backups, for the configuration and security of
your network and devices, for compliance with applicable laws
(including copyright, broadcast, and privacy law), and for any
consequences of using or not using the Software for any
particular task.

Nothing in this agreement excludes, restricts, or modifies any
guarantee, right, or remedy you may have under the Australian Consumer
Law (ACL) or any other applicable law that cannot lawfully be excluded.
Where the ACL implies a guarantee that cannot be excluded, our
liability for breach of that guarantee is, to the extent permitted by
law, limited at our option to:

- replacing the Software or supplying equivalent software;
- repairing the Software; or
- refunding the price you paid.


8. Limitation of liability
--------------------------
To the maximum extent permitted by law, and subject to clause 7, in no
event will Blue Tomato Media be liable for any indirect, incidental,
special, consequential, or punitive damages, or for any loss of
profits, revenue, data, or business, arising out of or relating to
your use of the Software, even if we have been advised of the
possibility of such damages.

Our total aggregate liability arising out of or relating to this
agreement and the Software, regardless of cause, the number of
claims, or the legal theory on which any claim is based (whether
in contract, tort, equity, statute, or otherwise), will not
exceed the price you paid for the licence.


9. No claim for content, use, or third parties
----------------------------------------------
You agree that:

- We are not responsible for any audio, content, signals, recordings,
  or data you capture, send, receive, store, process, or transmit
  using the Software, or for the lawfulness or appropriateness of any
  such activity.
- We do not endorse, monitor, or take responsibility for how you
  configure or operate the Software, including any routing decisions
  you make.
- You will not sue, commence, join, or fund any legal action,
  claim, complaint, proceeding, arbitration, regulatory complaint,
  or demand against us — whether in contract, tort (including
  negligence), equity, statute, or otherwise — arising out of or
  relating to the Software, its operation, its failure to operate,
  its performance, lost audio, missed streams, dropouts,
  mis-routed signals, downtime, data loss, security incidents,
  business impact, or your reliance on the Software, except where
  liability cannot lawfully be excluded.
- This covenant not to sue may be pleaded as a complete bar and
  absolute defence to any such action or claim you bring.
- To the maximum extent permitted by law, you waive any right to
  bring or participate in a class action, collective action,
  representative action, group proceeding, mass arbitration, or
  consolidated proceeding against us, and agree that any claim
  you do bring (where liability cannot lawfully be excluded) must
  be brought in your individual capacity only.

You release, discharge, and forever hold us harmless, to the
maximum extent permitted by law, from any and all claims, demands,
actions, causes of action, damages, and liabilities — known and
unknown, present and future — arising from or in connection with
your use of the Software, including any claims with respect to
third parties (such as audiences, performers, broadcasters,
co-workers, customers, employers, or members of the public).

To the maximum extent permitted by law, any claim or cause of
action you may have against us arising out of or relating to
this agreement or the Software must be commenced within one (1)
year after the cause of action first arises, or be permanently
barred. This shortened limitations period does not apply where
the law of your jurisdiction prohibits parties from contractually
shortening the statutory limitations period.


10. Indemnification
-------------------
To the maximum extent permitted by law, you agree to indemnify,
defend, and hold harmless Blue Tomato Media and its subsidiaries,
affiliates, officers, employees, contractors, agents, successors,
and assigns from and against any and all liabilities, claims,
damages (actual and consequential), losses, suits, judgments,
costs, and expenses (including all litigation costs and all
solicitors' and legal fees, on a full indemnity basis) of every
kind and nature arising out of, or in any way related to:

- your use of, or inability to use, the Software;
- any content, audio, signals, or data you capture, process,
  store, or transmit with the Software;
- your breach of this agreement;
- your violation of any applicable law or third-party right
  (including intellectual property, broadcast, privacy,
  defamation, or consumer-protection rights); or
- any claim brought by a third party through you.

As a condition of this indemnity, you must: (a) promptly notify
us in writing of any claim for which indemnity is or may be
sought; (b) permit us, at our option, to assume sole control of
the defence and settlement of the claim; and (c) provide us with
all reasonable cooperation and assistance, at your expense, in
defending or settling it. You may not settle, compromise, or
make any admission in relation to any claim without our prior
written consent.

This indemnity survives termination of this agreement.


11. Accuracy of information
---------------------------
We have taken reasonable care to ensure that information provided
with the Software and on our website is accurate. However, we do
not guarantee, and accept no legal liability arising from or
connected to, the accuracy, reliability, currency, or completeness
of any information contained in the Software, its documentation,
our website, or any linked site. Information provided with the
Software should not take the place of professional advice.


12. Force majeure
-----------------
We will be free of liability to you where we are prevented from
performing our obligations under this agreement, in whole or in
part, due to causes beyond our reasonable control — including
earthquake, fire, flood, storm, war, civil unrest, acts of
government, network or power outages, third-party service
failures, or any other unforeseen and uncontrollable event —
provided we have taken reasonable action to mitigate such an
event.


13. Severability and successors
-------------------------------
If any term, covenant, condition, or provision of this agreement
is held by a court of competent jurisdiction to be invalid, void,
or unenforceable, it is the parties' intent that such provision
be reduced in scope by the court only to the extent deemed
necessary to render it reasonable and enforceable, and the
remainder of this agreement will in no way be affected, impaired,
or invalidated. This agreement is binding upon and enures to the
benefit of the parties and their respective successors and
assigns.


14. Termination
---------------
This licence terminates automatically if you breach any of its terms.
On termination you must stop using the Software and delete all copies
in your possession. The clauses concerning ownership, restrictions,
warranty, liability, and governing law survive termination.


15. Privacy and activation
--------------------------
When you activate a licence the Software contacts our activation
server (bluetomatomedia.com) to validate your code. We may log the
licence code, the activating machine's identifier, the time, the
source IP address, the Software version, and basic operating-
environment information (such as platform and operating-system
version). We may also collect anonymised diagnostic, telemetry,
and crash-report information to help us improve the Software. We
do not knowingly collect audio content or the contents of files
on your device. Our collection and handling of personal
information is further described in our privacy policy at
https://bluetomatomedia.com/privacy, which forms part of this
agreement.


16. Export control and sanctions
--------------------------------
You agree that you will not export, re-export, transfer, or use
the Software in violation of any applicable export-control,
sanctions, or trade-restriction laws of Australia, the United
States, the European Union, or any other relevant jurisdiction,
and that you are not located in, ordinarily resident in, or
acting on behalf of any country, region, person, or entity
subject to such restrictions.


17. Assignment
--------------
You may not assign, transfer, sublicense, or otherwise dispose of
this agreement or any of your rights or obligations under it,
whether voluntarily, by operation of law, or otherwise, without
our prior written consent. Any purported assignment in breach of
this clause is void. We may freely assign or transfer this
agreement (in whole or in part) to any successor in interest, to
any affiliate, or to any party acquiring all or substantially all
of our assets or business, without notice to you.


18. Governing law
-----------------
This agreement is governed by and construed in accordance with
the laws of the State of Victoria, Australia. You and we submit
to the non-exclusive jurisdiction of the courts of Victoria for
any dispute arising out of or relating to this agreement. We
retain the right to bring proceedings against you for breach of
this agreement in your country of residence or any other
appropriate country or jurisdiction.


19. Entire agreement and no waiver
----------------------------------
This document is the entire agreement between you and Blue Tomato
Media regarding the Software. It supersedes any prior or
contemporaneous communications and representations, all of which
are declared to be of no value. Only the written terms of this
agreement bind the parties. If any provision is held
unenforceable, the rest of the agreement remains in effect.

Our failure to exercise or enforce any right or provision of this
agreement on any occasion is not a waiver of that or any other
right or provision on any other occasion. No waiver by us is
effective unless given in writing and signed by an authorised
representative.


Contact
-------
Blue Tomato Media
support@bluetomatomedia.com
https://bluetomatomedia.com/
