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ENCASE APP CENTRAL
 
 

 

 

 

 

 

 

LICENSED APPLICATION END USER LICENSE AGREEMENT (“EULA”)
This Licensed Application End User License Agreement (this “EULA”) governs Your purchase of a license to use a software application(s)
(a “Licensed Application”) via Guidance Software, Inc.’s (“Company”) EnCase App Central portal located at www.encaseappcentral.com
(the “Service”). The Applications transacted through the Service are licensed, not sold, to You for Your use only under the terms of this
EULA along with any supplemental license agreement (a “Supplemental EULA”) that accompanies Your particular Application. The
licensor of the Application licensed to You (the “Application Provider”) reserves all rights not expressly granted to You hereunder or
under any Supplemental EULA. The terms and conditions of this EULA shall control to the extent of any conflict between the terms of this
EULA and any Supplemental EULA.
1. Scope of License: This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable
license to use the Licensed Application on any computer that You own or control. This license does not allow You to use the Licensed
Application on any computer that You do not own or control, and You may not distribute or make the Licensed Application available over a
network where it could be used by multiple end users/devices at the same time. You may not rent, lease, lend, sell, redistribute or
sublicense the Licensed Application. You may not copy (except as expressly permitted by this EULA), decompile, reverse engineer,
disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, 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 included with the Licensed Application). Any attempt to do so is a
violation of the rights of the Application Provider, Company and their respective licensors. If You breach this restriction, You may be
subject to prosecution and damages. This EULA will govern any upgrades provided by Application Provider that replace and/or supplement
the original Licensed Application licensed to You, unless such upgrade is accompanied by a separate license in which case the terms of
that license will govern.
2.
Consent to Use of Data: You agree that Company and/or Application Provider may collect and use technical data and related
information, including but not limited to technical information about Your device, system and application software, and peripherals, that is
gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the
Licensed Application. Company and/or Application Provider may use this information, as long as it is in a form that does not personally
identify You, to improve products or to provide services or technologies to You.
3.
Termination. This EULA is effective until terminated by You or Application Provider. Your rights under this EULA will terminate
automatically without notice from the Application Provider if You fail to comply with any term(s) of this EULA. Upon termination of the
EULA, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
4. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION 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 LICENSED APPLICATION AND ANY SERVICES
PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS
AND WITHOUT WARRANTY OF ANY KIND, AND BOTH COMPANY AND APPLICATION PROVIDER EACH HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION 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. APPLICATION PROVIDER DOES NOT WARRANT AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR
SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE
OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS
IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY COMPANY AND/OR APPLICATION PROVIDER OR THEIR AUTHORIZED REPRESENTATIVES SHALL CREATE A
WARRANTY. SHOULD THE LICENSED APPLICATION 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.
5.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY OR APPLICATION
PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS
INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR

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END USER LICENSE AGREEMENT

INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY
(CONTRACT, TORT OR OTHERWISE) AND EVEN IF COMPANY AND/OR APPLICATION PROVIDER HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL
INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall
Company’s or Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases
involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy
fails of its essential purpose.
 

 

 

 

6. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of
the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application 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 Licensed Application, you
represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products
for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of
nuclear, missiles, or chemical or biological weapons.
7. The Licensed Application 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.
8. The laws of the State of California, excluding its conflicts of law rules, govern this EULA and your use of the Licensed Application.
Your use of the Licensed Application may also be subject to other local, state, national, or international laws.

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