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Arsenal Recon - End User License Agreement
Arsenal Recon - End User License Agreement
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE. BY
INSTALLING AND/OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Arsenal Consulting, Inc. d/b/a Arsenal Recon (“Arsenal”) is willing to license the
enclosed software (the “Software”) to You as the individual, the Company, or the
Legal Entity that will be utilizing the Software (“You” or “Your”) only on the
condition that You accept all of the terms of this End User License Agreement (“End
User License Agreement” or “License Agreement”). This is a legal and enforceable
contract between You and Arsenal. By opening this package, breaking the seal,
selecting the “I accept the terms in the License Agreement” checkbox or otherwise
indicating Your assent electronically, or loading the software, You agree to the
terms and conditions of this License Agreement. If You do not agree to these terms
and conditions, click the “Cancel” button or otherwise indicate Your refusal, make
no further use of the Software, and contact Your vendor or Arsenal for information
on how to obtain a refund of the money You paid for the Software (less shipping,
handling, and any applicable taxes except in certain states and countries where
shipping, handling and taxes are refundable) at any time during the sixty (60) day
period following the date of purchase.
Each copy of the Software is individually licensed for use on a single workstation
and may be installed on only one workstation at a time. If you have purchased a
software-protection dongle, the Software may be installed on as many workstations
as You desire as long as it is only used on the workstation that the dongle is
currently plugged into.
Permitted Uses of a Free Mode License. Under this License, Arsenal grants You the
right to use the Software, which may be limited in its functionality or output, and
documentation without charge. This License Agreement governs any releases,
revisions, updates or enhancements to the Software that Arsenal may make available
to You. Under the Free Mode License, Arsenal grants You the right to use the
Software on any Workstation.
Prohibited Uses of a Free Mode License. Under this License, You may not (nor may
You authorize anyone else to) (i) sell, rent, lend, assign, sublicense or otherwise
transfer (completely or partially) the Software or Your rights as expressly
provided in this License; (ii) reverse engineer, disassemble, decompile, or make
any attempt to discover the source code of the Software.
Permitted Uses of an Educational License. Under this License, Arsenal grants You
the right to use the Software and documentation without charge (professors and
students in digital forensics programs at colleges and universities) for a specific
time period, after which time You will have acquired another Educational license
from Arsenal and will continue to be bound by the terms of this Agreement or will
have discontinued all use of the Software and destroyed it and all copies thereof,
in which event all of Your rights hereunder shall end. During the Educational
License period, the Software may be used for educational (and not commercial or
other, e.g. casework) purposes only. During the Educational License period, Arsenal
grants You the right to: (i) use one copy of the Software on a single Workstation
(Arsenal may allow the Software installation to be moved after initial
installation); (ii) make one copy of the Software (including all copyright,
trademark and proprietary rights notices thereon) for backup purposes only and such
copy shall constitute “Software” under this License Agreement.
Permitted Uses of a Trial License. Under this License, Arsenal grants You the right
to use the Software and documentation without charge for a trial period, by which
time You will have purchased the software and will continue to be bound by the
terms of this Agreement or will have discontinued all use of the Software and
destroyed it and all copies thereof, in which event all of Your rights hereunder
shall end. During the trial period, the Software may only be used for Your internal
testing purposes only. During the trial period, Arsenal grants You the right to:
(i) use one copy of the Software on a single Workstation (Arsenal may allow the
Software installation to be moved after initial installation); (ii) make one copy
of the Software (including all copyright, trademark and proprietary rights notices
thereon) for backup purposes only and such copy shall constitute “Software” under
this License Agreement.
Prohibited Uses of a Trial License. During the trial period You may not (nor may
You authorize anyone else to) (i) sell, rent, lend, assign, sublicense or otherwise
transfer (completely or partially) the Software or Your rights as expressly
provided in this License; (ii) reverse engineer, disassemble, decompile, or make
any attempt to discover the source code of the Software; (iii) to make any copy of
all or a part of the Software other than one copy (including all copyright,
trademark and proprietary rights notices thereon) for backup purposes only and such
copy shall constitute “Software” under this License; or (iv) use the Software on a
network or across multiple Workstations unless You have a licensed copy of the
Software for each Workstation that can access the Software over that network.
Permitted Uses of a Purchased License. This License Agreement governs any releases,
revisions, updates or enhancements to the Software that Arsenal may make available
to You. Once fully purchased, under this License Agreement, Arsenal grants You the
right to (i) use one copy of the Software on a single Workstation (Arsenal may
allow the Software installation to be moved after initial installation); (ii) make
one copy of the Software (including all copyright, trademark and proprietary rights
notices thereon) for backup purposes only and such copy shall constitute “Software”
under this License Agreement; (iii) use the Software on a network, provided that
You have a licensed copy of the Software for each Workstation that can access the
Software over that network; (iv) permanently transfer all of Your rights in the
Software granted under this License Agreement to another person or entity, provided
that You retain no copies of the Software and the transferee agrees to the terms of
this License Agreement. Partial transfer of Your rights under this License
Agreement shall not be permitted. For example, if the applicable documentation
grants You the right to use multiple copies of the Software, only a transfer of the
rights to use all such copies of the Software would be valid.
Prohibited Uses of a Purchased License. You may not (nor may You authorize anyone
else to) (i) sell, rent, lend, assign, sublicense or transfer the Software or Your
rights hereunder except as expressly provided in this License Agreement; (ii) make
any copy of all or a part of the Software other than the one backup copy or as
permitted above; (iii) use the Software as part of a facility management,
timesharing, service provider or service bureau arrangement; (iv) publish the
software for others to copy; or (v) reverse engineer, disassemble, decompile, or
make any attempt to discover the source code of the Software, modify, translate or
create derivative works of the Software, any updates, or any part thereof (except
as and only to the extent any foregoing restriction is prohibited by applicable law
or to the extent as may be permitted by the licensing terms governing use of any
open sourced components). Any attempt to do any of the above is a violation of this
License Agreement. If You breach any of these restrictions, the License Agreement
shall terminate and You may be subject to prosecution and damages.
UPDATES. Arsenal reserves the right to modify the Software at any time. Arsenal may
distribute modifications or updates to the Software or to portions of the Software
to reflect developments. In addition, Arsenal may distribute “bug fixes” or other
revisions to the Software. You will be entitled to such updates if Arsenal, in its
sole discretion, determines to make such updates available to You (generally within
an active software subscription or the first year after purchase, depending on the
type of license in question). The terms of this License Agreement will govern any
updates unless such update is accompanied by a separate license agreement, in which
case the terms of that license will govern.
Termination. The license is effective until terminated by You or Arsenal. You may
terminate this License at any time by discontinuing all use of the Software and
destroying it and all copies thereof. Your rights under this License will terminate
automatically without notice from Arsenal if You fail to comply with any term(s) of
this License. Upon termination of the License, You shall cease all use of the
Software, and destroy all copies, full or partial, of the Software.
NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT
YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
THE SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE (“SERVICES”)
ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, AND ARSENAL HEREBY DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY SERVICES, EITHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR
PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY
RIGHTS. ARSENAL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE
SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY,
THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR
SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
ARSENAL OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE
SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO
THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
The Software is not designed for and is not intended for use in hazardous
environments requiring fail-safe (fault-tolerant) performance such as in the
operation of nuclear facilities, aircraft navigation or communication systems, air
traffic control, weapons or defense systems, life support systems or any other
context in which the failure of the Software could lead directly to death, personal
injury or severe damage to property or the environment. Arsenal, the Developers of
the Software and its suppliers specifically disclaim any express or implied
warranty of the Software’s suitability for these types of activities.
EXPORT REGULATION. You acknowledge that the Software and related technical data and
services (collectively “Controlled Technology”) may be subject to the import and
export laws of the United States, specifically the U.S. Export Administration
Regulations (EAR), and the laws of any country where Controlled Technology is
imported or re-exported. You agree to comply with all relevant laws and will not
export any Controlled Technology in contravention to U.S. law nor to any prohibited
country, entity, or person for which an export license or other governmental
approval is required. In particular, but without limitation, the Software may not
be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone
on the U.S. Treasury Department's list of Specially Designated Nationals or the
U.S. Department of Commerce Denied Person’s List or Entity List. By using the
Software, You represent and warrant that You are not located in any such country or
on any such list. USE OR FACILITATION OF ANY ARSENAL PRODUCT IN CONNECTION WITH ANY
ACTIVITY INCLUDING, BUT NOT LIMITED TO, THE DESIGN, DEVELOPMENT, DESIGN,
MANUFACTURE, PRODUCTION FABRICATION, TRAINING, OR TESTING OF CHEMICAL, BIOLOGICAL,
OR NUCLEAR MATERIALS, OR MISSILES, DRONES, OR SPACE LAUNCH VEHICLES CAPABLE OF
DELIVERING WEAPONS OF MASS DESTRUCTION IS PROHIBITED, IN ACCORDANCE WITH U.S. LAW.
Government End Users. The Software and Documentation: Was developed with no
government funds; Is a trade secret of Arsenal for all purposes of the Freedom of
Information Act. The Software and any associated documentation are provided with
RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of The Rights In Technical
Data and Computer Software Clause at 52.227-7013. The Software and related
documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101,
consisting of “Commercial Computer Software” and “Commercial Computer Software
Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202,
as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through
227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer
Software Documentation are being licensed to U.S. Government end users (a) only as
Commercial Items, and (b) with only those rights as are granted to all other end
users pursuant to the terms and conditions herein. Unpublished-rights reserved
under the copyright laws of the United States.
General: This License Agreement is the entire agreement between You and Arsenal
relating to the Software and: (i) supersedes all prior or contemporaneous oral or
written communications, proposals, and representations with respect to its subject
matter; and (ii) prevails over any conflicting or additional terms of any quote,
order, acknowledgment, or similar communications between the parties.
Notwithstanding the foregoing, nothing in this License Agreement will diminish any
rights You may have under existing consumer protection legislation or other
applicable laws in Your jurisdiction that may not be waived by contract. Arsenal
may assign its rights and obligations under this Agreement, without notice, to any
affiliate of Arsenal or to any party (or its affiliate) acquiring Arsenal (or any
affiliate of Arsenal to which this Agreement has been assigned) or acquiring all or
substantially all of the assets to which this Agreement applies. All updates or new
versions of the Software which may be received by You from Arsenal shall also be
governed by this License Agreement. This License Agreement and Your use of the
Software shall be construed, interpreted and governed by the laws of the State of
Massachusetts. Your use of the Software may also be subject to other local, state,
national, or international laws. If any provision of this License Agreement is
found void or unenforceable, it will not affect the validity of the rest of this
License. The disclaimers of warranties and damages and limitations on liability
shall survive termination. This License Agreement may only be modified by the
Documentation or by a written document that has been signed by both You and
Arsenal. Headings and captions are for convenience only and are not to be used in
the interpretation of this Agreement.