2.3 You shall not and shall ensure that Users shall not:
<br /> a. copy, reproduce, or modify the Software or any part thereof including the software that is
<br /> provided as a license key to validate authorised use of the Software by a User;
<br /> b. enhance, improve, alter, create derivative works, reverse engineer, disassemble, deconstruct,
<br /> translate, decrypt, reverse compile or convert into human readable form the Software or any
<br /> part thereof including the software that is provided as a license key to validate authorised use
<br /> of the Software by a User;
<br /> c. distribute, lend, assign, license, sublicense, lease, rent, transfer, sell or otherwise provide
<br /> access to the Software, in whole or in part, to any third party on a temporary or permanent
<br /> basis;
<br /> d. remove, deface, cover or otherwise obscure any proprietary rights notice or identification on
<br /> the Software (including without limitation any copyright notice);
<br /> e. copy any written materials accompanying any portion of the Software unless specifically
<br /> authorized in writing to do so by Magnet Forensics;
<br /> f. use the Software to provide services to third parties (including technical or training services), or
<br /> otherwise publicly display or market the Software, for the purposes of your commercial gain
<br /> (which includes any monetary consideration or other compensation);
<br /> g. use the Software in any unlawful manner; or
<br /> h. authorise, permit or otherwise acquiesce in any other party engaging in any of the activities set
<br /> forth in (a) — (g) above, or attempting to do so. For the purposes of this provision "copy" or
<br /> "reproduce" shall: (i) not include: (A) making additional copies of the Software for your own
<br /> use, as long as only one copy may be used at any one time and used in accordance with and
<br /> for the purposes described in the user documentation; or (B) making one back-up copy of the
<br /> software licensed hereunder, provided that such copy is not used simultaneously or
<br /> concurrently with the original software; and (ii) include, without limitation, pre-installing the
<br /> Software or any part thereof on any computers used by other persons or third parties.
<br /> 2.4 You acknowledge that use of the Software may result in your collection of information obtained
<br /> from third parties, that such third party information is not under the control of Magnet Forensics,
<br /> and Magnet Forensics is not responsible or in any way liable for the performance and non-
<br /> performance of the Software to collect such third party information, including without limitation the
<br /> accuracy, completeness, interpretation, reliability, copyright compliance, legality, decency, or any
<br /> other aspect of such third party information. It is solely your responsibility to evaluate the accuracy,
<br /> completeness, interpretation, and usefulness of the collection of any such third party information.
<br /> Magnet Forensics has no special relationship with or fiduciary duty to you, and you acknowledge
<br /> that Magnet Forensics has no control over, and no duty to take any action regarding any of your
<br /> acts or omissions, including without limitation: (a) what information and material you access
<br /> through the Software; (b) how you may interpret or use the information and materials accessed
<br /> through the Software; or(c) what actions you may take as a result of having been exposed to
<br /> information and materials obtained through the Software. You therefore agree to indemnify, defend
<br /> and hold Magnet Forensics harmless from any and all claims that arise as a result of your use of
<br /> the Software, including without limitation claims arising from your non-compliance with applicable
<br /> privacy or other legislation, and claims by third parties relating to their rights in the information and
<br /> materials accessed by you.
<br /> 2.5 You specifically acknowledge that the Software is not developed, or licensed for use in any
<br /> nuclear, aviation, mass transit, or medical application or in any other inherently dangerous, time-
<br /> sensitive or mission critical applications. You agree that Magnet Forensics shall not be liable for
<br /> any claims or damages arising from such use if you use the Software for such applications. You
<br /> agree to hold Magnet Forensics harmless from any claims for losses, costs, damages, or liability
<br /> arising out of or in connection with the use of the Software for such applications.
<br />
|