DEFINITIONS

Software is defined as any or all of the computer programs Evimetry Controller, Evimetry Dead Boot Agent, Evimetry Live Agent, and Evimetry Cloud Agent. This includes software in executable form and any Evimetry Hardware Dongle Key provided, and any updates or patches or latter versions of the software that Schatz Forensic may provide to you.

This End-User License Agreement (EULA) is a legal agreement between the End User (Licensee) and Schatz Forensic Pty Ltd (Schatz Forensic) for use of the Software (including any upgrades or updates) supplied by Schatz Forensic to the Licensee.

The EULA consists of these terms and the Specification Document provided to the Licensee by Schatz Forensic in relation to the Software.

By clicking ‘accept’ or installing the Software or otherwise using the Software, the Licensee acknowledges that they have read, understand, and agree to be bound by the terms of the EULA. Unless the Licensee agrees with the terms of this EULA, they are not authorized to use or access the Software. If the Licensee does not agree to the Licence terms for any updates and/or upgrades, the Licensee is not authorized to use or access the updates and/or upgrades.

GRANT OF LICENSE (COMMUNITY LICENSE)

Subject to the terms of this EULA, Schatz Forensic grants to the Licensee a non-exclusive, non-transferable, non-assignable, revokable Licence to use the Software for the Term. The licensee warrants that the Software will only be used for Educational use, non-commercial acquisition activities or the following permitted commercial uses: evaluation of acquisition functionality, facilitating access of forensic images from third party tools, transforming AFF4 evidence files. Usage of the acquisition functionality in regular, ongoing commercial work is prohibited.

In consideration of the grant of the Community Licence, the Licensee agrees that usage data (limited to acquisition size, time taken, and target storage device identifier) will be transmitted by the Software for the internal usage by Schatz Forensic.

GRANT OF LICENCE (COMMERCIAL)

In consideration of payment by the Licensee of the Fees, as invoiced by Schatz Forensic, and subject to the terms of this EULA, Schatz Forensic grants to the Licensee a non-exclusive, non-transferable, non-assignable, Licence to use the Software for the Term.

GRANT OF LICENSE (GENERAL)

If the Software is upgraded or updated, Schatz Forensic may make amendments to the License terms. If the Licensee chooses to utilize the upgraded or updated Software then they will be accepting the amended EULA terms.

Any Documentation relating to the Software, provided by Schatz Forensic (Documentation), is licensed for internal, non-commercial and reference purposes only. The Licensee will not copy or publish the Documentation without the prior written consent of Schatz Forensic.

RESTRICTIONS

The Licensee must not:

  • reverse engineer, decompile, or disassemble the Software, create any derivative work based on the Software, or act to circumvent any license restrictions without the express written consent of Schatz Forensic;
  • use the Software in a manner that is contrary to any law (including but not limited to any violation of intellectual property rights or privacy rights)
  • rent, lease, lend, sub-license or share in any way the Licensee’s rights under this EULA;
  • access the Software by any means other than through the interfaces approved by Schatz Forensic;

FEES

The Licensee will pay the Fees to Schatz Forensic within 30 days of the date of each invoice (Invoice Date).

Any Fees that remain outstanding after the Invoice Date will accrue compound interest at a rate of 2% per month.

At any time prior to the Fees being received by Schatz Forensic, Schatz Forensic may at its sole discretion withdraw any offer to provide the Software to the Licensee, payment after such a withdrawal of offer will have no binding effect on Schatz Forensic.

The Licensee will pay any Taxes, in relation to the Software or this EULA.

INTELLECTUAL PROPERTY RIGHTS

The Licensee acknowledges and agrees that all rights, title and all other intellectual property rights in and to the Software and the Documentation are and shall remain vested in Schatz Forensic. This EULA does not convey any express or implied intellectual property rights in the Software or the Documentation to the Licensee.

If the Licensee becomes aware of any unauthorized use or access of the Software, the Licensee will immediately notify Schatz Forensic.

The Licensee will, at the Licensee’s cost, comply with all reasonable directions of Schatz Forensic and take all reasonable steps necessary to prevent the unauthorized use or dissemination of the Software.

Without limiting the Licensee’s obligations under this EULA, all intellectual property rights in any copy, translation, modification, adaptation or derivation of the Software or Documentation including but not limited to any improvements or developments in the Software or Documentation will be owned by Schatz Forensic.

WARRANTY

To the fullest extent permitted by law, Schatz Forensic excludes any warranty. Schatz Forensic’s warranty exclusion includes but is not limited to any warranty that the use of the Software will be secure, uninterrupted or error free, or that the Software will be free of any errors or defects, or that any errors or defects will be corrected.

Schatz Forensic does not warrant that any information generated from the use of the Software is accurate or adequate for the Licensee’s purposes.

For the avoidance of doubt, the Software is provided to the Licensee on an “as is” basis.

If the Software does not perform in accordance with the warranty implied by law that cannot be excluded, and Licensee provides written notice to Schatz Forensic during the statutory warranty period, Schatz Forensic’s entire liability and the Licensee’s sole remedy will be at Schatz Forensic’s sole discretion, to either:

  • correct, repair or replace the Software or affected part of the Software; or
  • refund the Fee for the Term in which the liability arose.

LIMITATION OF LIABILITY

SCHATZ FORENSIC LIMITS ITS LIABILITY TO THE LICENSEE OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS EULA OR THE USE OF THE SOFTWARE TO REPLACEMENT OF THE SOFTWARE AND, IN ANY EVENT, SHALL NOT EXCEED THE FEE PAID TO SCHATZ FORENSIC FOR THE USE OF THE SOFTWARE FOR THE TERM IN WHICH THE LIABILITY WAS INCURRED.

IN NO EVENT SHALL SCHATZ FORENSIC BE LIABLE FOR ANY LOSS, DAMAGE, COST, EXPENSE OR LIABILITY SUFFERED OR INCURRED BY ANY PERSON, WHETHER ARISING IN CONTRACT, TORT, UNDER STATUTE OR ON ANY OTHER BASIS IN LAW OR EQUITY, WHICH IS INDIRECT OR CONSEQUENTIAL, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, LOSS OF PRODUCTION, LOSS OF GOODWILL, LOSS OF USE, LOSS OF BUSINESS OPPORTUNITY, OR ANY SIMILAR LOSS OR COST.

The Licensee will, at the Licensee’s cost, indemnify Schatz Forensic for any loss, liability, cost, payment, damages, debt or expense, or any claim, demand, action, suit or proceeding, arising directly or indirectly in relation to any use of the Software, negligence, infringement of any intellectual property rights, breach of this EULA or breach of any law, treaty, regulation, or convention by the Licensee, or any employee, agent, subcontractor or Related Body Corporate of the Licensee.

TERM

The Term means the Initial Term (being the first Licence period of this EULA) or any Renewal Term. The Specification Document will contain the Term (being the period between the date the grant of Licence commences and the date that the Licence expires).

If the Licensee wishes to renew the License, the Licensee must notify Schatz Forensic in writing no less that 30 days before the date of the expiry of the Initial Term.

Schatz Forensic may, at it’s sole discretion provide a license for a further period (Renewal Term).

Schatz Forensic may alter any terms (including Fees) of the EULA prior to the Renewal Term being entered into.

MARKETING

Schatz Forensic may refer to the Licensee’s trade name, trade mark, and any other identifying logo and briefly the licensee’s business in Schatz Forensic’s marketing materials (including its online presence) and any reporting

EXPORT RESTRICTIONS

You acknowledge that the Software may be subject to export control laws of Australia and other countries. You agree that the Software will be exported, re-exported or resold only in compliance with such laws.

GENERAL

This EULA is entered into solely for the benefit of Schatz Forensic and the Licensee. No third party will have the right to make any claim or assert any right under it, and no third party will be deemed a beneficiary of this EULA.

The Licensee must ensure that any employee, agent, subcontractor or Related Body Corporate of the Licensee acts within the terms of this EULA and the Licensee is liable for any breach by any employee, agent, subcontractor or Related Body Corporate of the Licensee.

The Licensee must not grant, nor purport to grant, any security interest to any third party in relation to the Software.

Schatz Forensic may audit the Licensee’s compliance with the terms of this EULA at any time on reasonable notice to the Licensee and the Licensee will provide access to any hardware, software, systems, documents and any employee, agent, subcontractor or Related Body Corporate of the Licensee, and will provide all reasonable co-operation to Schatz Forensic for the purposes of any such audit.

Schatz Forensic may send notices, statements and other communications to the Licensee to any email or postal address or facsimile number notified by the Licensee to Schatz Forensic.

This EULA does not create any partnership, joint venture, agency or relationship of employment between the parties.

Schatz Forensic may assign any rights or benefits under this EULA at any time. The Licensee may not assign any rights or benefits under this EULA without Schatz Forensic’s prior written consent.

If any provision, or the application of any provision, of this EULA is prohibited, invalid, void, illegal or unenforceable in any jurisdiction: (a) the provision or part will only be ineffective to the extent of the prohibition, invalidity, voidness or illegality; and (b) the provision or part will be severed and will not affect the validity or enforceability of the remaining provisions or parts of this EULA.

If there is any conflict or inconsistency between the terms of the body of this EULA and the terms of the Specification Documents, the terms of this EULA will take precedence.

This EULA supersedes all prior undertakings, arrangements and agreements and constitutes the entire agreement between the parties in relation to the subject matter of this EULA and there are no conditions, warranties or other terms affecting the agreement between the parties other than those set out in this EULA. The Licensee agrees that the terms of any terms and conditions of the Licensee that have been proposed or provided by the Licensee will not apply to the Licence of the Software or form part of this EULA.

Any waiver of a right under this EULA must be in writing and signed by the party granting the waiver and will not operate as a waiver in relation to any subsequent matter. Any failure, delay, forbearance or indulgence by a party in an exercise, or partial exercise, of a right arising under this EULA will not result in a waiver of that right or prejudice or restrict the rights of the party.

Except as expressly provided for in this EULA, any variation of, or amendments to, any terms of this EULA must be in writing and signed by both parties.

This EULA will be governed by the laws of, and the parties irrevocably submit to the exclusive jurisdiction of the courts of, Queensland, Australia.

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