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Li­cense Terms

Li­cense Terms
of Truf­flepig IT-Foren­sics GmbH

1. Pre­am­ble

This is a li­cense agree­ment be­tween you and the Truf­flepig IT-Foren­sics GmbH, Der­bystraße 12, 85276 Pfaf­fen­hofen an der Ilm, Ger­many, reg­is­tered in the trade reg­is­ter of the dis­trict court of In­gol­stadt un­der HRB 9524 and its af­fil­i­ated en­ti­ties (here­inafter re­ferred to as "Ser­vice Provider").

This agree­ment de­scribes your rights and the con­di­tions upon which you may use the Ser­vice Providers soft­ware. You should re­view the en­tire agree­ment, in­clud­ing any sup­ple­men­tal li­cense terms that ac­com­pany the soft­ware and any linked terms, be­cause all of the terms are im­por­tant and to­gether cre­ate this agree­ment that ap­plies to you.

By ac­cept­ing this agree­ment or us­ing the soft­ware, you agree to all of these terms, and con­sent to the trans­mis­sion of cer­tain in­for­ma­tion dur­ing ac­ti­va­tion and dur­ing your use of the soft­ware as per the pri­vacy state­ment. If you do not ac­cept and com­ply with these terms, you may not use the soft­ware or its fea­tures. You may con­tact the Ser­vice Provider to de­ter­mine its re­turn and re­turn the soft­ware for a re­fund.

2. Overview

a. Ap­plic­a­bil­ity. This agree­ment ap­plies to the soft­ware that you have down­loaded un­der https://​truf­flepig-foren­sics.com (here­inafter re­ferred to as "the Web­site”), any fonts, icons, im­ages or sound files in­cluded with the soft­ware, and also any Soft­ware up­dates, up­grades, sup­ple­ments or ser­vices for the soft­ware, un­less other terms come with them.

b. Ad­di­tional terms. Ad­di­tional Ser­vice Provider and third-party terms may ap­ply to your use of cer­tain fea­tures or ser­vices, de­pend­ing on your de­vice’s ca­pa­bil­i­ties, how it is con­fig­ured, and how you use it. Please be sure to read them.

3. In­stal­la­tion and Use Rights.

a. Li­cense. The soft­ware is li­censed, not sold. Un­der this agree­ment, we grant one per­son per pur­chased li­cense at a time (here­inafter re­ferred to as “the li­censed user”) the right to use the soft­ware, so long as you com­ply with all the terms of this agree­ment. The soft­ware may be in­stalled on mul­ti­ple de­vices but only used on one (“the li­censed de­vice”) per pur­chased li­cense at a time.

b. De­vice. In this agree­ment, “de­vice” means a hard­ware sys­tem (whether phys­i­cal or vir­tual) ca­pa­ble of run­ning the soft­ware. A hard­ware par­ti­tion or blade is con­sid­ered to be a de­vice.

c. The Ser­vice Provider re­serves all rights (such as rights un­der in­tel­lec­tual prop­erty laws) not ex­pressly granted in this agree­ment. For ex­am­ple, this li­cense does not give you any right to, and you may not:
(i) pub­lish, copy (other than the per­mit­ted backup copy), rent, lease, or lend the soft­ware;
(ii) trans­fer the soft­ware (ex­cept as per­mit­ted by this agree­ment);
(iii) work around any tech­ni­cal re­stric­tions or lim­i­ta­tions in the soft­ware;
(iv) make the soft­ware avail­able for si­mul­ta­ne­ous use by more users than pur­chased li­censes over a net­work, in­stall the soft­ware on a server and al­low more users than pur­chased li­censes to ac­cess it re­motely
(v) re­verse en­gi­neer, de­com­pile, or dis­as­sem­ble the soft­ware, or at­tempt to do so, for the rea­sons stated in (iv) and (vii) ex­cept and only to the ex­tent that the fore­go­ing re­stric­tion is (a) per­mit­ted by ap­plic­a­ble law; (b) per­mit­ted by li­cens­ing terms gov­ern­ing the use of open-source com­po­nents that may be in­cluded with the soft­ware; or
(vi) when us­ing In­ter­net-based fea­tures you may not use those fea­tures in any way that could in­ter­fere with any­one else’s use of them, or to try to gain ac­cess to or use any ser­vice, data, ac­count, or net­work, in an unau­tho­rized man­ner

d. Multi use sce­nar­ios.
(i) Mul­ti­ple ver­sions. If when ac­quir­ing the soft­ware you were pro­vided with mul­ti­ple ver­sions, you may in­stall those ver­sions si­mul­ta­ne­ously but only use one of those ver­sions at a time.
(ii) Mul­ti­ple or pooled con­nec­tions. Hard­ware or soft­ware you use to mul­ti­plex or pool con­nec­tions, or re­duce the num­ber of de­vices or users that ac­cess or use the soft­ware, does not re­duce the num­ber of li­censes you need. You may only use such hard­ware or soft­ware if you have a li­cense for each in­stance of the soft­ware you are us­ing.
(iii) De­vice con­nec­tions. You may al­low up to 3 other de­vices to ac­cess the soft­ware in­stalled on the li­censed de­vice for the pur­pose of us­ing the soft­ware.
(iv) Re­mote ac­cess. No more than once every 30 days, you may des­ig­nate a sin­gle user who phys­i­cally uses the li­censed de­vice as the li­censed user. The li­censed user may ac­cess the li­censed de­vice from an­other de­vice us­ing re­mote ac­cess tech­nolo­gies. Other users, at dif­fer­ent times, may ac­cess the li­censed de­vice from an­other de­vice us­ing re­mote ac­cess tech­nolo­gies, but only on de­vices sep­a­rately li­censed to run the same or higher edi­tion of this soft­ware.
(iv) Re­mote as­sis­tance. You may use re­mote as­sis­tance tech­nolo­gies to share an ac­tive ses­sion with­out ob­tain­ing any ad­di­tional li­censes for the soft­ware. Re­mote as­sis­tance al­lows one user to con­nect di­rectly to an­other user’s com­puter, usu­ally to cor­rect prob­lems.

e. Backup copy
You may make a copy of the soft­ware for backup pur­poses, and may also use the backup copy to trans­fer the soft­ware if it was ac­quired as stand-alone soft­ware, as de­scribed be­low.

4. Pri­vacy; Con­sent to Use of Data

Your pri­vacy is im­por­tant to us. Some of the soft­ware fea­tures send or re­ceive in­for­ma­tion when us­ing those fea­tures. All of these fea­tures ex­cept for up­date func­tion­al­i­ties can be switched off in the user in­ter­face, or you can choose not to use them. By ac­cept­ing this agree­ment and us­ing the soft­ware you agree that Ser­vice Provider may col­lect, use, and dis­close the in­for­ma­tion as de­scribed in the Ser­vice Provider Pri­vacy State­ment and as may be de­scribed in the user in­ter­face as­so­ci­ated with the soft­ware fea­tures.

5. Au­tho­rized Soft­ware and Ac­ti­va­tion. 

You are au­tho­rized to use this soft­ware only if you are prop­erly li­censed and the soft­ware has been prop­erly ac­ti­vated with a gen­uine prod­uct key or by other au­tho­rized method.

6. Up­dates

The soft­ware pe­ri­od­i­cally checks for soft­ware up­dates, and down­loads and in­stalls them for you. You may ob­tain up­dates only from the Ser­vice Provider. By ac­cept­ing this agree­ment, you agree to re­ceive these types of au­to­matic up­dates with­out any ad­di­tional no­tice. You are re­quired to in­stall a pro­vided soft­ware known as “the up­dater”. For of­fline in­stal­la­tions you are re­quired to run the up­dater on an on­line sys­tem and trans­fer the up­dates man­u­ally to the of­fline sys­tem. On on­line sys­tems the up­dater au­to­mat­i­cally up­dates the li­censed soft­ware. You are re­quired to per­form at least one up­date within three weeks af­ter each sub­scrip­tion re­newal to al­low the li­cense to be up­dated.

7. War­ranty, Dis­claimer, Rem­edy, Dam­ages and Pro­ce­dures. 

a. Lim­ited War­ranty. Ser­vice Provider war­rants that prop­erly li­censed soft­ware will per­form sub­stan­tially as de­scribed in any Ser­vice Provider ma­te­ri­als that ac­com­pany the soft­ware. This lim­ited war­ranty does not cover prob­lems that you cause, that arise when you fail to fol­low in­struc­tions, or that are caused by events be­yond the rea­son­able con­trol of Ser­vice Provider. The lim­ited war­ranty starts when the first user ac­quires the soft­ware, and lasts for one year. Trans­fer­ring the soft­ware will not ex­tend the lim­ited war­ranty.

b. Dis­claimer. The Ser­vice Provider gives any other ex­press war­ranties, guar­an­tees, or con­di­tions. The Ser­vice Provider ex­cludes all im­plied war­ranties and con­di­tions, in­clud­ing those of mer­chantabil­ity, fit­ness for a par­tic­u­lar pur­pose, and non-in­fringe­ment. If your lo­cal law does not al­low the ex­clu­sion of im­plied war­ranties, then any im­plied war­ranties, guar­an­tees, or con­di­tions last only dur­ing the term of the lim­ited war­ranty and are lim­ited as much as your lo­cal law al­lows. If your lo­cal law re­quires a longer lim­ited war­ranty term, de­spite this agree­ment, then that longer term will ap­ply, but you can re­cover only the reme­dies this agree­ment al­lows.

c. Lim­ited Rem­edy. If the Ser­vice Provider breaches its lim­ited war­ranty, it will, at its elec­tion, ei­ther: (i) re­pair or re­place the soft­ware at no charge, or (ii) ac­cept re­turn of the soft­ware for a re­fund of the amount paid, if any. These are your only reme­dies for breach of war­ranty. This lim­ited war­ranty gives you spe­cific le­gal rights, and you may also have other rights which vary from state to state or coun­try to coun­try. 

d. Dam­ages. Ex­cept for any re­pair, re­place­ment, or re­fund that the Ser­vice Provider may pro­vide, you may not un­der this lim­ited war­ranty, un­der any other part of this agree­ment, or un­der any the­ory, re­cover any dam­ages or other rem­edy, in­clud­ing lost prof­its or di­rect, con­se­quen­tial, spe­cial, in­di­rect, or in­ci­den­tal dam­ages. The dam­age ex­clu­sions and rem­edy lim­i­ta­tions in this agree­ment ap­ply even if re­pair, re­place­ment, or a re­fund does not fully com­pen­sate you for any losses, if the Ser­vice Provider knew or should have known about the pos­si­bil­ity of the dam­ages, or if the rem­edy fails of its es­sen­tial pur­pose. Some states and coun­tries do not al­low the ex­clu­sion or lim­i­ta­tion of in­ci­den­tal, con­se­quen­tial, or other dam­ages, so those lim­i­ta­tions or ex­clu­sions may not ap­ply to you. If your lo­cal law al­lows you to re­cover dam­ages from the Ser­vice Provider, even though this agree­ment does not, you can­not re­cover more than you paid for the soft­ware.

8. Sup­port

For the soft­ware gen­er­ally, con­tact the Ser­vice Provider for sup­port op­tions. Re­fer to the sup­port num­ber pro­vided with the soft­ware. For up­dates and sup­ple­ments ob­tained from Ser­vice Provider, Ser­vice Provider may pro­vide lim­ited sup­port ser­vices for prop­erly li­censed soft­ware as de­scribed at https://​truf­flepig-foren­sics.com.

9. Gov­ern­ing Law

(1) For all le­gal re­la­tions of the par­ties, Ger­man Law ap­plies, with the ex­cep­tion of the laws on the in­ter­na­tional pur­chase of mov­able goods. For con­sumers, this choice of law only ap­plies to the ex­tent that they are not de­prived of the pro­tec­tion granted to them by the manda­tory le­gal pro­vi­sions of the coun­tries in which they have their ha­bit­ual res­i­dence.
(2) If the cus­tomer is an en­tre­pre­neur, le­gal per­son of pub­lic law or spe­cial fund un­der pub­lic law, the ex­clu­sive venue for all dis­putes re­sult­ing from this con­tract is Mu­nich/​Ger­many. This also ap­plies if the cus­tomer has no place of gen­eral ju­ris­dic­tion in Ger­many or the EU or if the place of res­i­dence or ha­bit­ual res­i­dence is un­known at the time when le­gal ac­tion is taken. The right to also ap­peal to a court at a dif­fer­ent place of ju­ris­dic­tion re­mains un­af­fected.
(3) The lan­guage of con­tract is Ger­man or Eng­lish. If both lan­guages are avail­able the Ger­man ver­sion shall pre­vail.

10. Con­sumer Rights, Re­gional Vari­a­tions.

This agree­ment de­scribes cer­tain le­gal rights. You may have other rights, in­clud­ing con­sumer rights, un­der the laws of your state or coun­try. This agree­ment does not change those other rights if the laws of your state or coun­try do not per­mit it to do so.

11. Ad­di­tional No­tices.

a. Net­works, data and In­ter­net us­age. Some fea­tures of the soft­ware and ser­vices ac­cessed through the soft­ware may re­quire your de­vice to ac­cess the In­ter­net. Your ac­cess and us­age (in­clud­ing charges) may be sub­ject to the terms of your cel­lu­lar or in­ter­net provider agree­ment. Cer­tain fea­tures of the soft­ware ac­ti­vated with a gen­uine prod­uct key or by other au­tho­rized method. may help you ac­cess the In­ter­net more ef­fi­ciently, but the soft­ware’s us­age cal­cu­la­tions may be dif­fer­ent from your ser­vice provider’s mea­sure­ments. You are al­ways re­spon­si­ble for (i) un­der­stand­ing and com­ply­ing with the terms of your own plans and agree­ments, and (ii) any is­sues aris­ing from us­ing or ac­cess­ing net­works, in­clud­ing pub­lic/​open net­works.

b. Lim­ited rights ver­sions. If the soft­ware ver­sion you ac­quired is marked or oth­er­wise in­tended for a spe­cific or lim­ited use, then you may only use it as spec­i­fied. You may not use such ver­sions of the soft­ware for com­mer­cial, non-profit, or rev­enue-gen­er­at­ing ac­tiv­i­ties.
- Eval­u­a­tion. For eval­u­a­tion (or test or demon­stra­tion) use, you may not sell the soft­ware, use it in a live op­er­at­ing en­vi­ron­ment, or use it af­ter the eval­u­a­tion pe­riod. Notwith­stand­ing any­thing to the con­trary in this Agree­ment, eval­u­a­tion soft­ware is pro­vided “AS IS” and no war­ranty, im­plied or ex­press (in­clud­ing the Lim­ited War­ranty), ap­plies to these ver­sions.
- NFR. You may not sell soft­ware marked as “NFR” or “Not for Re­sale”.

12. En­tire Agree­ment. 

This agree­ment (to­gether with the printed pa­per li­cense terms or other terms ac­com­pa­ny­ing any soft­ware sup­ple­ments, up­dates, and ser­vices that are pro­vided by the Ser­vice Provider and that you use), and the terms con­tained in web links listed in this agree­ment, are the en­tire agree­ment for the soft­ware and any such sup­ple­ments, up­dates, and ser­vices un­der https://​truf­flepig-foren­sics.com.

You agree that you will read the terms be­fore us­ing the soft­ware or ser­vices, in­clud­ing any linked terms. You un­der­stand that by us­ing the soft­ware and ser­vices, you rat­ify this agree­ment and the linked terms. There are also in­for­ma­tional links in this agree­ment. The links con­tain­ing no­tices and bind­ing terms are:
- Pri­vacy Pol­icy of Truf­flepig IT-Foren­sics GmbH
- Gen­eral Terms and Con­di­tions of Ser­vice and Busi­ness of Truf­flepig IT-Foren­sics GmbH

As at 01. June 2021