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1. Introduction
1.1 1. This This Licence Agreement (“Agreement”) is an agreement between you and Digital Detective Group Limited (“Digital Detective”). Please read these terms carefully before downloading, installing or using any software and applicable documentation supplied by Digital Detective (the “Software”). These terms govern your rights and obligations relating to the use of the Software. We draw your attention to clause 8 (Limitation of Liability).
1.2. 2 “Licensee” “Licensee” means the individual or legal entity that purchases, downloads, installs or otherwise acquires the Software from Digital Detective or through a reseller or distributor.
1.3 3. A A “User” means any end user authorised to use the Software. A User may include employees, contractors, or other authorised personnel of the entity to which the Software is licensed.
1.4 4. A A “Person” means any individual, partnership, firm, trust, corporation, company, government, governmental body, or other legal entity.
1.5. 5 An An “Affiliate” means, in relation to a Person, any other Person that directly or indirectly controls, is controlled by, or is under common control with that Person.
1.6 6. By By downloading, installing or otherwise using the Software you agree to be legally bound by this Licence Agreement.
1.7 7. If If you do not agree to the terms of this Agreement, you must not download, install or use the Software.
1.8 8. Purchase Purchase Orders and Procurement Terms: If the Software is supplied pursuant to any purchase order, procurement document, vendor portal, security questionnaire or similar document issued by the Licensee, such document shall be deemed to be issued solely for administrative or billing purposes. The Software is licensed solely subject to this Agreement and any additional or conflicting terms proposed by the Licensee are expressly rejected unless agreed in writing by an authorised representative of Digital Detective.
1.9. 9 Reseller Reseller and Distributor Transactions: Where the Software is supplied through a reseller or distributor, the reseller or distributor acts solely as an independent sales channel. The reseller or distributor is not authorised to modify this Agreement, grant additional rights in the Software, or bind Digital Detective to any additional contractual terms. Any terms agreed between the Licensee and a reseller or distributor apply solely to the commercial transaction between those parties and shall not modify or supersede this Agreement.
1.10 10. Customer Policies and Requirements: Any internal policies, procurement rules, security requirements, or supplier onboarding conditions of the Licensee shall not modify or form part of this Agreement unless expressly agreed in writing by Digital Detective.
1.11. 11 Order of Precedence: In the event of any conflict between this Agreement and any purchase order, procurement document, reseller agreement, customer policy, or other document, the terms of this Agreement shall prevail unless expressly agreed otherwise in a written agreement signed by an authorised representative of Digital Detective.
2. Licence
2.1 1. Free Free Tools: Certain software distributed by Digital Detective may be provided free of charge (“Free Tools”). Free Tools may be used without payment for lawful purposes but remain subject to the terms of this Agreement. Digital Detective may modify, withdraw, or discontinue Free Tools at any time without notice. Free Tools are provided “as is” without any warranty or support obligation.
2.2 2. Evaluation Evaluation Licences: Evaluation versions of the Software may be supplied for the purpose of assessing the Software prior to purchase. Evaluation licences permit use of the Software for a limited period, typically thirty (30) days from the date of supply. Unless a full licence is purchased, all copies of the evaluation Software must be removed at the end of the evaluation period.
2.3. 3 Static Static End‑User PC Licence
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a) A single Static End‑User PC Licence (Licence Key File) permits installation and use of one copy of the Software on a single computer. The licence may not be shared between multiple computers and may not be installed on a server system.
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b) Use of the Software on a second computer such as a laptop requires a separate licence.
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c) Temporary transfer of licence key files between computers is not permitted.
2.4 4. USB USB Hardware Licence:
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a) Where the Software is licensed using a USB hardware dongle, the Software may be installed on multiple computers but may only be used when the USB dongle is connected to the computer running the Software.
2.5 5. Licences Licences are non‑transferable to third parties unless expressly permitted by Digital Detective.
2.6. 6 The The Software may not be rented, leased, lent, hosted for third parties, or otherwise provided as a service without written permission from Digital Detective.
3. Restriction on Use
3.1 1. A A reasonable number of backup copies of the Software may be made solely for recovery purposes.
3.2. 2 No No additional copies may be made except as expressly permitted by this Agreement.
3.3. 3 Documentation Documentation accompanying the Software may not be copied.
3.4 4. Copyright Copyright notices and proprietary markings may not be removed or altered.
3.5 5. Reverse Reverse engineering, decompiling, or disassembling the Software is prohibited except where permitted by applicable law.
3.6. 6 No No portion of the Software may be distributed to third parties without written consent.
3.7. 7 The The Software may not be used for training purposes without written permission from Digital Detective.
3.8 Visual representations of the Software may not be used in publications without written permission.3.9 The 8. The Software must only be used in accordance with the licence granted in this Agreement.
3.9. 10 The Software must not be made available on public bulletin boards, websites or similar services.
3.10. 11 Licences purchased for educational purposes must not be used for commercial forensic services or evidential work.
3.11. Permitted Investigative Use: Notwithstanding any other provision in this Agreement, the Licensee is permitted to generate, distribute, and disclose reports, screenshots, and data exports produced by the Software solely for the purposes of:
a) active criminal or civil investigations;
b) legal proceedings, including expert witness reports and testimony; and
c) internal case management and peer review.
3.12. Restricted Commercial/Public Use12 Publication and Use of Results: The Licensee shall not publish, distribute, or disclose any report, benchmark , analysis, screenshottechnical screenshots of the Software’s internal logic/UI, or other material generated by or materials derived from the Software in any publication, public marketing material, commercial training course, or expert testimony public-facing publication without the prior written consent of Digital Detective.
3.13. No Endorsement: The Licensee shall not represent, expressly or by implication, that any findings, interpretations, or conclusions produced using the Software are endorsed, verified, or certified by Digital Detective.
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7.1. The Software is provided as an investigative and analytical tool intended to assist trained professionals. Digital Detective does not warrant that the Software will identify, recover or interpret all available data or artefacts, nor that any results produced by the Software are complete, accurate or suitable for evidential purposes. Interpretation and use of the results produced by the Software is solely the responsibility of the User and not Digital Detective.
7.2. Digital Detective does not warrant that the Software will detect, recover, identify or correctly interpret all data, artefacts or activity that may exist on any digital device or media. Interpretation and use of the results produced by the Software is solely the responsibility of the User and not Digital Detective.
7.3. Expert Interpretation: The Software does not provide expert opinions or conclusions. Any analysis, interpretation, or conclusions drawn from information produced by the Software are the sole responsibility of the User or other qualified professional conducting the investigation.
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8.6. Single Claim Limitation: The limitations and exclusions of liability in this Agreement apply to the Licensee and all Users collectively, and the total liability of Digital Detective shall not be increased by the involvement of multiple Users, investigators, organisations, or third parties.
9. Data Privacy
9.1. No Access to Evidence: The Licensee acknowledges that the Software is a locally installed tool. Digital Detective does not have access to, nor does it collect, store, or transmit any data or evidence processed by the Licensee using the Software. The Licensee remains the sole Data Controller for all such information.
10. Severability
910.1. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
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11. Third Party Rights
1011.1. Nothing in this Agreement confers any rights on any third-party under the Contracts (Rights of Third Parties) Act 1999.
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12. Entire Agreement
1112.1. This Agreement constitutes the entire agreement between the parties relating to the Software and supersedes all prior or contemporaneous agreements, communications, representations, or purchase orders relating to the Software.
1112.2. The Licensee confirms that it has not relied upon any statement, representation, assurance or warranty other than those expressly set out in this Agreement.
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13. Assignment
1213.1. The Licensee may not assign or transfer this Agreement without the prior written consent of Digital Detective.
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14. Notices
1314.1. All notices shall be sent to Digital Detective Group Limited, Motis Business Centre, Cheriton High Street, Folkestone, Kent, CT19 4QJ.
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15. Expert Witness and Court Proceedings
1415.1. Digital Detective is not a party to any investigation, litigation, or legal proceeding in which the Software is used. The use of the Software by the Licensee or any User does not create any obligation on Digital Detective to provide testimony, expert opinion, technical analysis, or other assistance in any legal or regulatory proceeding.
1415.2. Digital Detective shall have no obligation to participate in any investigation, court proceeding, arbitration, or other dispute involving the Licensee or any third party unless separately agreed in writing under a paid professional services agreement.
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16. Governing Law
1516.1. This Agreement shall be governed by and interpreted in accordance with the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the English courts.