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.
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.
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.
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.
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.
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.
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.
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.
(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.
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.
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”.
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:
- General Terms and Conditions of Service and Business of Trufflepig IT-Forensics GmbH
As at 01. June 2021