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(b)distribute,assign,license,sublicense,lease, rent,transfer,sell or otherwise provide access to the Software,in whole or in part,to any third party on a temporary or
<br /> permanent basis;
<br /> (c) remove,deface,cover or otherwise obscure any proprietary rights notice or identification on the Software (including without limitation any copyright notice);
<br /> (d) copy any written materials accompanying any portion of the Software unless specifically authorized in writing to do so by Magnet Forensics;
<br /> (e)use the Software in any unlawful manner;or
<br /> (f) authorize,permit or otherwise acquiesce in any other party engaging in any of the activities set forth in (a)-(e)above,or attempting to do so.
<br /> For the purposes of this provision"copy or reproduce"shall not include copying of statements and instructions of the Software during program execution when used in
<br /> accordance with and for the purposes described in the user documentation or in the course of making backups of the computer or system on which the Software is installed,
<br /> in accordance with industry standard business practices.
<br /> 2.3.You acknowledge that use of the Software may result in the collection of information obtained from third parties,that such third party information is not under the control of
<br /> Magnet Forensics,and Magnet Forensics is not responsible or in any way liable for third party information,including without limitation their accuracy,reliability,copyright
<br /> compliance,legality,decency,or any other aspect of their content. It is solely your responsibility to evaluate the accuracy,completeness or usefulness of any such third party
<br /> infarrnation.Magnet Forensics has no special relationship with or fiduciary duty to you,and you acknowledge that Magnet Forensics has no control over,and no duty to take
<br /> any action regarding any of your acts or omissions, including without limitation: (a)what material you access through the Software,(b) how you may interpret or use materials
<br /> accessed through the Software,or(c)what actions you may take as a result of having been exposed to information obtained through the Software.You therefore agree to
<br /> indemnify,defend and hold Magnet Forensics harmless from any and all claims that arise as a result of your use of the Software, including without limitation claims arising
<br /> from your non-compliance with applicable privacy or other legislation,and claims by third parties relating to their rights in materials accessed by you.
<br /> 2.4.You specifically acknowledge that the Software is not developed,or licensed for use in any nuclear,aviation,mass transit,or medical application or in any other
<br /> inherently dangerous,time-sensitive or mission critical applications.You agree that Magnet Forensics shall not be liable for any claims or damages arising from such use if
<br /> -"you use the Software for such applications.You agree to hold Magnet Forensics harmless from any claims for losses,costs,damages,or liability arising out of or in
<br /> -iconnection with the use of the Software for such applications.
<br /> 2.5.You hereby represent and warrant that(i)you are not located in a country that is subject to a U.S.Government embargo,or that has been designated by the U.S.
<br /> Government as a"terrorist supporting"country;and (ii)you are not listed on any U.S.Government list of prohibited or restricted parties.
<br /> 2.6.You must ensure that all your employees and contractors that have access to the Software comply with the terms and conditions of this Agreement,and you shall be
<br /> vicariously liable for the acts or omissions of such employees and contractors with respect to the Software.You do not have the right to obtain or use source code of the
<br /> Software. ;'
<br /> 2.7. Magnet Forensics may impose certain restrictions on your use of the Software,such as restrictions on site,equipment and usage,by providing you with such restrictions
<br /> in writing at the time that your Key is provided.Such restrictions are binding Upon you,and are hereby incorporated herein by this reference.
<br /> 2.8.This Agreement may be amended or added to from time to time by agreement in writing between you and Magnet Forensics,and all software contained in such written
<br /> amendments or additions shall be considered Software under this Agreement,subject to all terms,conditions and restrictions contained herein.For greater certainty,all
<br /> updates and upgrades to the Software that are provided to you by Magnet Forensics pursuant to a separate support and maintenance agreement shall also be considered
<br /> Software hereunder.
<br /> 2.9.In order to use the Software,you must:
<br /> (a) provide and maintain with Magnet Forensics up-to-date,complete and accurate registration information,including your first and last name,your valid mailing address,
<br /> your phone number and your valid email address; and
<br /> (b)be at all times in compliance with the terms and conditions of this Agreement and applicable law.
<br /> 2.10.Magnet Forensics reserves the right to change,suspend,end-of-life or otherwise discontinue any version of the Software at any time,including the availability of any
<br /> feature or content,or any promotion offered by Magnet Forensics.Magnet Forensics further reserves the right to change its standard pricing for its software, including the
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