For purposes hereof, "Software" will include (a) "Core Product Software", defined as computer programs in machine-readable form that are essential for the functionality thereof as specifically stated in the published Software specifications and (b) "Other Software", defined as software which is not defined as Core Product Software.

For the Warranty Period (as defined in Warranty Period below) FISH DF warrants that the Software, when properly installed and used, will substantially conform to its published specifications in effect when the Software is first shipped by FISH DF and that any external media on which the Software is delivered will be free from defects in workmanship and material. FISH DF does not warrant that the use of the Software will be uninterrupted, error-free, free of security vulnerabilities, or that the Software will meet purchaser's particular requirements.

FISH DF's sole obligation under this Warranty is to use commercially reasonable efforts to correct any reproducible material non-conformity in the Software (as determined by FISH DF at its sole discretion) by providing a software patch or bug fix, if available, or a workaround to bypass the issue, if available.

Purchaser's sole and exclusive remedy for breach of this Warranty is, at FISH DF's option, to receive (a) suitably modified Software, or part thereof, or (b) comparable replacement Software or part thereof.

During the Warranty Period, FISH DF will provide:

  1. Telephone or e-mail access for the sole purpose of receiving non-conformance reports so that FISH DF can verify reproducibility.
  2. Where applicable, replacement of damaged or defective external media, such as a CD-ROM disk, on which the Software was originally delivered.

Warranty Period

  1. Core Product Software: Will be coincident with the warranty period of the Product.
  2. Other Software: Will be 90 days from the date of Product shipment by FISH DF or download by purchaser.

Notwithstanding the above, the Warranty Period for all wireless infrastructure Products Software (Core Product Software and Other Software) will be 90 days from the date of Product shipment by FISH DF or download by purchaser.

NOTE: software patches, bug fixes, updates or workarounds do not extend the original Warranty Period.

FISH Digital Forensics Ltd. License Agreement

IMPORTANT-READ CAREFULLY: This FISH Digital Forensics Ltd. (“FISH-DF”) End-User License Agreement (“the “Agreement”) is a legal agreement between you (either an individual or a single entity) and FISH-DF for the FISH-DF software (“Software”) that accompanies this Agreement, which includes associated media, FISH-DF Internet based services and related explanatory written materials (“Documentation”). The term “Software” shall also include any upgrades, modified versions, updates, additions, and copies of the Software licensed to you by FISH-DF. An amendment or addendum to this Agreement may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE AT THE DISCRESSION OF FISH-DF.

The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold.

FISH-DF grants to you a nonexclusive license to use the Software and Documentation, provided that you agree to the following:

You may–

1.1. Install, use, access, display, run, or otherwise interact with (“RUN”) one copy of the Software product, or any prior version for the same operating system, on a single computer, workstation or terminal. Sharing the Software over a network is not permitted unless stated below. Its component parts may not be separated for use on more than one computer.

1.2. Install the Software as a solution component, treating each component as Software in its own entity. A hardware or software registration device will support this.

1.3. Install the Software and use the Software solely to evaluate such Software and test its compatibility with other products for the period of time or volume described in the packaging materials that accompany the Software (the “Trial Period”).

1.4. Make one backup copy of the Software, provided your backup copy is not installed or used on any computer.

1.5. Use the Software during the 12-month license period. After the expiration of your license rights, the Software is no longer covered by any purchased Support and Maintenance Warranty Agreement.

You may not–

1.6. Use any Microsoft Internet-based services associated with the Software in any manner that could damage, disable, overburden, or impair such services or interfere with any other party’s use and enjoyment of them. You may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the Internet-based services.

1.7. Use FISH-DF Software with any other software application or any process or system unless agreed with FISH-DF.

The Software, and the intellectual property rights related to it, is owned by FISH-DF and its structure, organization and code are the valuable trade secrets of FISH-DF.

The Software is governed by and interpreted in accordance with the laws of England.

You must treat the Software just as you would any other copyrighted material. You may not copy the Software or the Documentation, except as set forth in the “Use of the Software” section. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.

If the Software includes, or, in connection with the acquisition of the Software you receive, two or more operating environment versions of the Software (e.g., Macintosh and Windows(r) ), two or more language translation versions of the Software, the same Software on two or more media (e.g., diskettes and a CD-ROM), and/or you otherwise receive two or more copies of the Software, the total aggregate number of computers on which all versions of the Software are used may not exceed the Permitted Number of License. You may make one back-up copy, in accordance with the terms of this Agreement, for each version of the Software you use.

You may not rent, lease, sublicense, lend or transfer versions or copies of the Software you do not use, or Software contained on any unused media, except as part of the permanent transfer of all Software and Documentation as described above.

If the Software is labelled as an upgrade, you must be properly licensed to use a product identified by FISH-DF as being eligible for the upgrade in order to use the Software. A Software labeled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this Agreement. If the Software is an upgrade of a component of a package of software programs that you licensed as a single product, the Software may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

To the extent permissible, any implied warranties are limited to ninety (90) days. This warranty gives you specific legal rights. For further warranty information, please contact FISH-DF directly.

To make a warranty claim, you must return the Software to the location where you obtained it along with a copy of your sales receipt within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to either, at FISH-DF's option, the replacement of the Software or the refund of the license fee you paid for the Software.

FISH-DF DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OF THE SOFTWARE YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. IN NO EVENT SHALL FISH-DF BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE USE OF THE PROGRAM OR ACCOMPANYING DOCUMENTATION OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS FISH-DF PRODUCT, EVEN IF FISH-DF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WHERE LIABILITY CANNOT BE LEGALLY EXCLUDED, BUT IT MAY BE LIMITED, FISH-DF’S LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE.

Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer. Nothing contained in this Agreement limits FISH-DF’s liability to you in the event of death or personal injury resulting from FISH-DF’s negligence

This Agreement shall be governed by and construed in accordance with the substantive laws of England whose courts shall have jurisdiction over all disputes relating to this Agreement.

This is the entire agreement between FISH-DF and you relating to the Software and the Documentation and it supersedes any prior representations, discussions, undertakings. End user licence agreements, communications or advertising relating to the Software and the Documentation. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified in writing signed by an authorised officer of FISH-DF.