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END USER LICENSE AGREEMENT

for
osTriage SOFTWARE

READ CAREFULLY – THIS DOCUMENT CONTAINS IMPORTANT INFORMATION

This End-User License Agreement (“EULA”) is a binding legal agreement between you (law
enforcement entity or other government entity) and the Federal Bureau of Investigation (“FBI”),
for the software product identified as osTriage, which is an FBI employee-created computer
software program (“SOFTWARE PRODUCT”) and may include associated media, printed
materials, and online or electronic documentation (“DOCUMENTATION”). This EULA
constitutes the entire agreement between you and the FBI with respect to osTriage and
supersedes all prior and contemporaneous agreements and/or communications regarding
osTriage. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to
be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not
install, copy, or use the SOFTWARE PRODUCT and return it to the FBI.

SOFTWARE PRODUCT LICENSE

 The SOFTWARE PRODUCT may be protected by United States copyright laws, as well as
other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed to you,
not sold.

GRANT OF LICENSE

This EULA grants you the following rights:

 Installation and Use: You may install and use multiple copies of the SOFTWARE
PRODUCT on a one or more external storage devices and/or computers (whether a standard
computer or a workstation component of a licensed multi-user network).
 Limitations on Reverse Engineering, Decompilation, and Disassembly: You may not
reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only
to the extent that such activity is expressly permitted by applicable law notwithstanding this
limitation.
 Modification, Combination, and Derivation: You may modify, combine other commercial
applications with, and prepare derivative works of the SOFTWARE PRODUCT for your use
only with prior written permission from the FBI.
 Separation of Components: The SOFTWARE PRODUCT is licensed as a single product.
Its component parts may not be separated for use.
 Rental and Sale: You may not rent, lease, lend, license, sublicense, transfer, assign, sell, or
otherwise distribute the SOFTWARE PRODUCT or any of its component parts.
 Support Services: The FBI may, but is not obligated to, provide you with support services,
including, but not limited to, maintenance, upgrades, including new templates, training, or
technical assistance, related to the SOFTWARE PRODUCT.
 Software Transfer: You may not transfer any or all of your rights under this EULA without
the prior written approval of the FBI.

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 Termination: This license is effective until terminated. Without prejudice to any other
rights, the FBI may terminate this EULA if you fail to comply with its terms and conditions.
You may terminate this EULA at any time by destroying the SOFTWARE PRODUCT and
notifying the FBI, in writing, of such termination. In the event that this EULA is terminated,
you must destroy all copies of the SOFTWARE PRODUCT and all DOCUMENTATION, if
any, provided by the FBI.

EXPORT RESTRICTIONS

 You agree that you will not export or re-export the SOFTWARE PRODUCT or any
component part thereof, to any country, person, entity, or end user subject to United States
export restrictions without the prior written approval of the FBI.

DISCLAIMER OF WARRANTY

 NO WARRANTIES OR CONDITIONS: THE SOFTWARE PRODUCT IS LICENSED


FREE OF CHARGE. THE FBI EXPRESSLY DISCLAIMS ANY WARRANTY OR
CONDITION FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND
ANY RELATED DOCUMENTATION ARE PROVIDED “AS IS,” WITH ALL FAULTS,
AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS,
IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR OR ANY PURPOSE, RELIABILITY, ACCURACY, OR LACK OF
VIRUSES, OR AGAINST INFRINGEMENT. THE FBI DOES NOT WARRANT THAT
THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, AND UNDER NO
CIRCUMSTANCES DOES THE FBI WARRANT THAT THE SOFTWARE PRODUCT
WILL OPERATE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK ARISING
OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH
YOU. SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, YOU (AND NOT
THE FBI) ASSUME THE COST OF ALL NECESSARY SERVICE, REPAIR, AND/OR
CORRECTION.

LIMITATION OF LIABILITY

 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,


CONTRACT, OR OTHERWISE, SHALL THE FBI, FBI EMPLOYEES, OR ANY OTHER
PERSON INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE
SOFTWARE PRODUCT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, CONSEQUENTIAL, OR
OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THIS EULA OR THE
USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, INCLUDING BUT NOT
LIMITED TO PERSONAL INJURY, LOSS OF DATA OR OTHER EVIDENCE, OUTPUT
FROM THE SOFTWARE OR DATA BEING RENDERED INACCURATE, FAILURE OF
THE SOFTWARE PRODUCT TO OPERATE WITH ANY OTHER PROGRAMS,
DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER
FAILURE OR MALFUNCTON, OR ANY AND ALL OTHER DAMAGES OR LOSSES

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OF WHATEVER NATURE, EVEN IF THE FBI HAS BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

 You agree to defend, indemnify, and hold harmless the FBI and its employees, and all other
persons involved in the creation, production, or delivery of the SOFTWARE PRODUCT
from any claim, demand, liability, damage award, suit, judgment, or other legal action
(including reasonable attorney fees) arising out of your installation, use, or modification of
the SOFTWARE PRODUCT.

GOVERNING LAW and ENFORCEABILITY; SURVIVABILITY;


and SEVERABILITY and WAIVER

 Governing Law and Enforceability: This EULA is made under, governed by, and
construed in accordance with federal law. You consent to the personal jurisdiction and venue
of the federal courts.
 Survivability: The terms of this EULA shall survive any cancellation, termination, or
rescission.
 Severability and Waiver: In the event that any provision of this EULA is held to be
unenforceable, the remaining provisions of the EULA will remain in full force and effect,
and the unenforceable provisions will be construed in accordance with applicable federal law
as nearly as possible to reflect the original intention of you and the FBI. IT IS EXPRESSLY
UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS
EULA THAT PROVIDES FOR A LIMITATION OF LIABILITY OR LIMITED
WARRANTY IS INTENDED BY YOU AND THE FBI TO BE SEVERABLE AND
INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED AS SUCH.
The waiver of any breach or default of this EULA will not constitute a waiver of any
subsequent breach or default, and will not act to amend or negate the rights of the waiving
party. You may not assign or delegate your obligations under this EULA, either in whole or
in part, without the prior written consent of the FBI.

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