Product: LLIMAGER™
Licensor: e-Forensics Inc. (“e-Forensics”)
1. BINDING AGREEMENT & ACCEPTANCE
This End User License Agreement (“Agreement”) is a legal contract between you (either an individual or a single legal entity, hereinafter “Licensee”) and e-Forensics Inc. (“Licensor”) for the LLIMAGER™ software (the “Software”). By installing, copying, downloading, or otherwise using the Software, Licensee agrees to be bound by the terms of this Agreement. If you do not agree, you must immediately cease use and delete all copies.
2. GRANT OF LICENSE & SUBSCRIPTION
- License Grant: e-Forensics grants you a non-exclusive, non-transferable, limited license to use the Software for your own internal or commercial digital forensics purposes.
- Subscription Model: The Software is licensed on an annual subscription basis. Access to Software features and updates is strictly contingent upon a valid, paid-up subscription.
- Dynamic Contracting: Each subscription renewal constitutes a fresh acceptance of the then-current EULA. Licensee acknowledges that e-Forensics may update this Agreement periodically.
3. INTELLECTUAL PROPERTY & RESTRICTIONS
- Ownership: The Software is owned by e-Forensics and is protected by copyright law. It is licensed, not sold. e-Forensics retains all ownership, title, and intellectual property rights.
- Restrictions: Licensee shall not:
- Modify, adapt, translate, rent, lease, or sub-license the Software.
- Reverse engineer, decompile, or disassemble the Software except as expressly permitted by applicable law.
- Sell, distribute, or transfer the Software to any third party.
- Use the Software for purposes other than digital forensics or in violation of export control laws.
4. PROFESSIONAL RESPONSIBILITY & VERIFICATION
- Professional Tool: LLIMAGER is a tool designed for professionals. Licensee assumes all responsibility for the forensic integrity of images produced.
- Verification Duty: Licensee must perform independent hash verification (MD5, SHA-1, or SHA-256) to confirm image accuracy and bit-for-bit integrity.
- Data Privacy: Forensic data is stored solely on Licensee hardware. e-Forensics does not access, store, or transmit forensic images.
5. HARDWARE WARRANTY & REPLACEMENTS
- Hardware Warranty: All hardware products supplied by e-Forensics are covered by a 1-year warranty. This warranty covers replacement and ground shipping.
- No Refunds: We do not offer refunds or returns on hardware or software purchases.
- Lost/Stolen/Error Replacement: * For lost or stolen products, a one-time replacement opportunity per subscription cycle is available for a reduced fee plus shipping, requiring an executed Statement of Truth.
- This same policy applies to software-only products (user-supplied USB) where a license was generated for a device in error and requires a swap.
6. DISCLAIMER OF WARRANTIES
- "As Is" Provision: To the maximum extent permitted by law, the Software is provided "AS IS" and with all faults.
- No Admissibility Guarantee: e-Forensics does not warrant that images produced will be error-free or admissible in any specific court, jurisdiction, or legal proceeding.
- Implied Warranties: e-Forensics disclaims all implied warranties, including Merchantability or Fitness for a Particular Forensic or Legal Purpose.
7. LIMITATION OF LIABILITY & INDEMNIFICATION
- Aggregate Liability: e-Forensics’ total aggregate liability for any claim arising out of this Agreement is limited to the amount paid by Licensee in the 12 months preceding the claim.
- Consequential Damages: In no event shall e-Forensics be liable for indirect, special, incidental, or consequential damages, including but not limited to lost legal cases, judicial sanctions, or adverse inferences.
- Indemnification: Licensee shall indemnify and hold e-Forensics harmless against any claims, losses, or damages arising from Licensee’s specific forensic methodology or usage of the Software.
8. TERMINATION
This Agreement remains in effect until terminated.
- By Licensee: You may terminate at any time by uninstalling the Software and destroying all copies.
- By e-Forensics: e-Forensics may terminate this license immediately upon breach of terms, non-payment, or failure to comply with professional standards. Upon termination, all use must cease.
9. GOVERNING LAW & DISPUTES
- Governing Law: This Agreement is governed by the laws of the State of Florida, without regard to conflict of laws provisions.
- Arbitration: Any disputes arising from this Agreement shall be settled via binding arbitration in the Licensor’s home jurisdiction in Florida.
10. MISCELLANEOUS
- Entire Agreement: This constitutes the entire agreement between the parties and supersedes all prior communications.
- Severability: If any provision is held invalid, the remaining provisions remain in full force.
- Equitable Relief: Breach of IP clauses may cause irreparable harm entitling e-Forensics to injunctive relief.
- Audit Rights: e-Forensics reserves the right to audit license usage to ensure compliance with subscription tiers.