End-User License Agreement (EULA)

NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING, INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTIONS 6 AND 7; LIABILITY IN SECTION 8; AND SPECIFIC PROVISIONS AND EXCEPTIONS IN SECTION 14. YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE, AND, ON WHOSE BEHALF, IT IS USED: FOR EXAMPLE, IF APPLICABLE, YOUR EMPLOYER. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.

 

YOU MAY HAVE ANOTHER WRITTEN AGREEMENT DIRECTLY WITH GDPR FORENSIC LIMITED (E.G., A VOLUME LICENSE AGREEMENT OR RESELLER AGREEMENT) THAT SUPPLEMENTS OR SUPERSEDES ALL OR PORTIONS OF THIS AGREEMENT.

 

GDPR FORENSIC LIMITED AND ITS SUPPLIERS OWN ALL INTELLECTUAL PROPERTY IN THE SOFTWARE. THE SOFTWARE IS LICENSED, NOT SOLD. GDPR FORENSIC LIMITED PERMITS YOU TO COPY, DOWNLOAD, INSTALL, USE, OR OTHERWISE BENEFIT FROM THE FUNCTIONALITY OR INTELLECTUAL PROPERTY OF THE SOFTWARE ONLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. USE OF SOME GDPR FORENSIC LIMITED AND SOME THIRD-PARTY MATERIALS AND SERVICES INCLUDED IN OR ACCESSED THROUGH THE SOFTWARE MAY BE SUBJECT TO OTHER TERMS AND CONDITIONS TYPICALLY FOUND IN A SEPARATE LICENSE AGREEMENT, TERMS OF USE OR "READ ME" FILE LOCATED WITHIN OR NEAR SUCH MATERIALS AND SERVICES.

 

THE SOFTWARE MAY INCLUDE PRODUCT ACTIVATION AND OTHER TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED USE AND COPYING, AND TECHNOLOGY TO HELP YOU MANAGE LICENSES. SUCH TECHNOLOGY MAY PREVENT YOUR USE OF THE SOFTWARE IF YOU DO NOT FOLLOW THE ACTIVATION, INSTALLATION, AND/OR LICENSE MANAGEMENT PROCESS DESCRIBED IN THE SOFTWARE AND DOCUMENTATION. VISIT https://www.universal.captisium.com/getting-started FOR INFORMATION ABOUT PRODUCT ACTIVATION AND LICENSE (REGISTRATION KEY) MANAGEMENT.

 

1. Definitions.

 

"GDPR FORENSIC LIMITED" means GDPR Forensic Limited or any affiliates of GDPR Forensic Limited (and the Captisium Brand and Trademark), a UK company with offices at 71-75 Shelton Street, Covent Garden, London, WC2H-9JQ, UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND.

 

"Computer" means a computer device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.

 

“End User Product” means an Output File, which contains the GDPR FORENSIC LIMITED (Captisium) foundation content, generated by you or by our software for you. Examples of End User Products include the courseware, presentations, demonstration files, interactive multimedia material, Security Documents, Lists and Tables, Captisium Launch Files, interactive entertainment products and the like.

 

"Internal Network" means a private, proprietary network resource accessible only by employees and individual contractors (i.e., temporary employees) of a specific corporation or similar business entity. Internal Network does not include portions of the Internet or any other network community open to the public, such as membership or subscription driven groups, associations, and similar organizations.

 

“Output File” means an output file generated by you using the Software.

 

"Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g., a volume license) granted by GDPR FORENSIC LIMITED.

 

"Software" means (a) the Service Application known as Captisium, (b) all of the information with which this agreement is provided, including but not limited to (i) GDPR FORENSIC LIMITED or third party software files, documents, formats, forms, layouts, research, notes, and other computer information; (ii) sample and stock photographs, images, sounds, clip art and other artistic works bundled with GDPR FORENSIC LIMITED software and not obtained from GDPR FORENSIC LIMITED or another party through a separate service ("Content Files"); (iii) related explanatory written materials and files ("Documentation"); and (iv) blogs, fonts and images; and (c) any modified versions and copies of, and upgrades, updates and additions to, such information, provided to you by GDPR FORENSIC LIMITED at any time, to the extent not provided under a separate agreement (collectively, "Updates") .

 

2. Software License. If you obtained the Software from GDPR FORENSIC LIMITED or one of its authorized licensees and as long as you comply with the terms of this agreement, GDPR FORENSIC LIMITED grants you a non-exclusive license to use the Software in the manner and for the purposes described in the Documentation.

 

2.1 General Use. As the services and software are supplied using the Software as a Service (SaaS) model, you may use one instance of the Software, with up to the Permitted Number of users;

 

2.2 Backup Copy. You may make a reasonable number of backup copies of the Software, provided your backup copies are not installed or used for other than archival purposes.

 

2.3 Content Files. Unless stated otherwise in the files associated with the Content Files, which may include specific rights and restrictions with respect to such materials, you may (except where prohibited by Copyright Laws) display and modify any of the Content Files. However, you may not distribute the Content Files on a stand-alone basis (i.e., in circumstances in which the Content Files constitute the primary value of the product being distributed). Content Files may not be used in the production of libelous, defamatory, fraudulent, lewd, obscene or pornographic material or any material that infringes upon any third party intellectual property rights or in any otherwise unlawful manner. You may not claim any trademark rights in the Content Files or derivative works thereof. Content Files do not include stock photographs or other content not bundled with GDPR FORENSIC LIMITED software.

 

2.4 Sample Application Code. Unless otherwise set forth in the documentation relating to such code and/or the Software or in a separate agreement between you and GDPR FORENSIC LIMITED, you may modify the source code form of those portions of such software programs that are identified as sample code, sample application code, or components (each, “Sample Application Code”) in the accompanying documentation solely for the purposes of designing, developing and testing websites and applications developed using GDPR FORENSIC LIMITED software programs; provided, however, you are permitted to copy and distribute the Sample Application Code (modified or unmodified) only if all of the following conditions are met: (1) you distribute the compiled object Sample Application Code with your application; (2) you do not include the Sample Application Code in any product or application designed for website development; and (3) you do not use the GDPR FORENSIC LIMITED name, logos or other GDPR FORENSIC LIMITED trademarks to market your application. You agree to indemnify, hold harmless and defend GDPR FORENSIC LIMITED from and against any loss, damage, claims or lawsuits, including solicitor’s fees (or any other legal costs), that arise or result from the use or distribution of your application.

 

2.5 Scripting. The Software may include script samples that include written permission from GDPR FORENSIC LIMITED to modify and distribute those samples under limited circumstances. You agree to indemnify, hold harmless and defend GDPR FORENSIC LIMITED from and against any loss, damage, claims or lawsuits, including solicitor’s fees (and other legal costs), that arise or result from such distribution.

 

3. Intellectual Property Ownership. The Software and any authorised copies that you make are the intellectual property of and are owned by GDPR FORENSIC LIMITED and its suppliers. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of GDPR FORENSIC LIMITED and its suppliers. The Software is protected by law, including but not limited to the copyright laws of the United Kingdom of Great Britain and Northern Ireland and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by GDPR FORENSIC LIMITED and its suppliers.

 

4. Restrictions.

 

4.1 Notices. You may not copy the Software except as set forth in Section 2 and 14. Any permitted copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.

 

4.2 No Modifications. Except as permitted in Section 14, you may not modify, adapt or translate the Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted under applicable law to decompile only in order to achieve interoperability with the Software.

 

4.3 No Unbundling. The Software may include various applications, utilities and components, may support multiple platforms and languages and may be provided to you on multiple media or in multiple copies. Nonetheless, the Software is designed and provided to you as a single product to be used as a single product on Computers as permitted by Sections 2 and 14. You are not required to use all component parts of the Software, but you may not unbundle the component parts of the Software for use on different Computers or by different users. You may not unbundle or repackage the Software for distribution, transfer or resale. See Section 14 for specific exceptions to this Section.4.3.

 

4.4 No Transfer. YOU MAY NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN OR TRANSFER YOUR RIGHTS IN THE SOFTWARE, OR AUTHORIZE ANY PORTION OF THE SOFTWARE TO BE COPIED ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY'S COMPUTER, OR USED BY UNRELATED THIRD PARTIES, EXCEPT AS MAY BE PERMITTED HEREIN. You may, however, permanently transfer all your rights to use the Software to another individual or legal entity provided that: (a) you also transfer (i) this agreement, (ii) the serial number(s), the Software affixed to media provided by GDPR FORENSIC LIMITED or its authorized distributor, and all other software or hardware bundled, packaged or pre-installed with the Software, including all copies, upgrades, updates and prior versions, and (iii) all copies of font software converted into other formats to such individual or entity; (b) you retain no upgrades, updates or copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this agreement and any other terms and conditions under which you purchased a valid license to the Software. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER EDUCATION, PRE-RELEASE, OR NOT FOR RESALE COPIES OF THE SOFTWARE. Prior to a transfer GDPR FORENSIC LIMITED may require that you and the receiving party confirm in writing your compliance with this agreement, provide GDPR FORENSIC LIMITED with information about yourselves, and register as end-users of the Software. Allow 4-6 weeks to transfer. Please contact GDPR FORENSIC LIMITED's Customer Support Department for more information.

 

5. Updates. If the Software is an upgrade or update to a previous version of GDPR FORENSIC LIMITED software, you must possess a valid license to such previous version in order to use such upgrade or update. After you install such update or upgrade, you may continue to use any such previous version in accordance with its end-user license agreement only if (a) the upgrade or update and all previous versions are installed on the same device, (b) the previous versions or copies thereof are not transferred to another party or device unless all copies of the update or upgrade are also transferred to such party or device and (c) you acknowledge that any obligation GDPR FORENSIC LIMITED may have to support the previous version(s) may be ended upon the availability of the upgrade or update. No other use of the previous version(s) is permitted after the installation of an update or upgrade. Upgrades and updates may be licensed to you by GDPR FORENSIC LIMITED with additional or different terms.

 

6. LIMITED WARRANTY. Except as may be otherwise provided in Section 14, GDPR FORENSIC LIMITED warrants to the individual or entity that first purchases a license for the Software for use pursuant to the terms of this agreement that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following receipt of the Software when used on the recommended operating system and hardware configuration. Non-substantial variation of performance from the Documentation does not establish a warranty right. THIS LIMITED WARRANTY DOES NOT APPLY TO PATCHES, FONT SOFTWARE CONVERTED INTO OTHER FORMATS, PRE-RELEASE (BETA), TRYOUT, STARTER, EVALUATION, PRODUCT SAMPLER, OR NOT FOR RESALE (NFR) COPIES OF SOFTWARE, OR WEBSITES, ONLINE SERVICES OR CD SERVICES (See Section 14). All warranty claims must be made, along with proof of purchase, to the GDPR FORENSIC LIMITED Customer Support Department within such ninety (90) day period. Visit the GDPR FORENSIC LIMITED Customer Support pages at https://dp.services for more information about warranty claims. If the Software does not perform substantially in accordance with the Documentation, the entire liability of GDPR FORENSIC LIMITED and its affiliates and your exclusive remedy will be limited to either, at GDPR FORENSIC LIMITED's option, replacement of the Software or refund of the license fee you paid for the Software. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. For further warranty information, please see the jurisdiction-specific provisions at the end of this agreement, if any, or contact the GDPR FORENSIC LIMITED Customer Support Department.

 

7. DISCLAIMER. THE FOREGOING LIMITED WARRANTY IS THE ONLY WARRANTY MADE BY GDPR FORENSIC LIMITED AND ITS AFFILIATES AND STATES THE SOLE AND EXCLUSIVE REMEDIES FOR GDPR FORENSIC LIMITED, ITS AFFILIATES OR SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY AND ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, GDPR FORENSIC LIMITED AND ITS AFFILIATES AND SUPPLIERS PROVIDE THE SOFTWARE AND ACCESS TO ANY WEBSITES, ONLINE SERVICES AND CD SERVICES AS-IS AND WITH ALL FAULTS AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME STATES. The provisions of Sections 7 and Section 8 will survive the termination of this agreement, howsoever caused, but this will not imply or create any continued right to use the Software after termination of this Agreement.

 

8. LIMITATION OF LIABILITY. EXCEPT FOR THE EXCLUSIVE REMEDY SET FORTH ABOVE AND AS OTHERWISE PROVIDED IN SECTION 14, IN NO EVENT WILL GDPR FORENSIC LIMITED OR ITS AFFILIATES OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF AN GDPR FORENSIC LIMITED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. GDPR FORENSIC LIMITED'S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME STATES. Nothing contained in this agreement limits GDPR FORENSIC LIMITED's liability to you in the event of death or personal injury resulting from GDPR FORENSIC LIMITED's negligence or for the tort of deceit (fraud). GDPR FORENSIC LIMITED is acting on behalf of its affiliates and suppliers for the purpose of disclaiming, excluding and limiting obligations, warranties and liability, but in no other respects and for no other purpose. For further information, please see the jurisdiction-specific information at the end of this agreement, if any, or contact the GDPR FORENSIC LIMITED Customer Support Department.

 

9. Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United Kingdom of Great Britain and Northern Ireland Export Control or the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as an export controlled item under the Export Laws, you represent and warrant that you are not a citizen of, or located within, an embargoed or otherwise restricted nation (including without limitation Iran, Syria, Sudan, Libya, Cuba, and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving or using the Software. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this agreement.

 

10. Governing Law. This agreement will be governed by and construed in accordance with the substantive laws in force in: (a) the United Kingdom of Great Britain and Northern Ireland if a license to the Software is purchased when you are online. If a license to the Software is purchased when you are in any jurisdiction not described above. The respective courts of United Kingdom of Great Britain and Northern Ireland when UK law applies, shall each have non-exclusive jurisdiction over all disputes relating to this agreement. This agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

 

11. General Provisions. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. This agreement will not prejudice the statutory rights of any party dealing as a consumer. For example, for consumers in New Zealand who obtain the Software for personal, domestic or household use (not business purposes), this agreement is subject to the Consumer Guarantees Act. This agreement may only be modified by a writing signed by an authorized officer of GDPR FORENSIC LIMITED. The English version of this agreement will be the version used when interpreting or construing this agreement. This is the entire agreement between GDPR FORENSIC LIMITED and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.

 

12. Notice to U.S. Government End Users.

 

12.1 Commercial Items. The Software and Documentation are "Commercial Item(s)," as that term is defined at 48 C.F.R. Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. Sections 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of Australia and the United States.

 

12.2 U.S. Government Licensing of GDPR FORENSIC LIMITED Technology. You agree that when licensing GDPR FORENSIC LIMITED Software for acquisition by the U.S. Government, or any contractor, therefore, you will license consistent with the policies set forth in 48 C.F.R. Section 12.212 (for civilian agencies) and 48 C.F.R. Sections 227-7202-1 and 227-7202-4 (for the Department of Defense). For U.S. Government End Users, GDPR FORENSIC LIMITED agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence will be incorporated by reference in this agreement.

 

13. Compliance with Licenses. If you are a business, company or organization, you agree that upon request from GDPR FORENSIC LIMITED or its authorized representative you will within thirty (30) days fully document and certify that use of any and all GDPR FORENSIC LIMITED software at the time of the request is in conformity with your valid licenses from GDPR FORENSIC LIMITED.

 

14. Specific Provisions and Exceptions. This section sets forth specific provisions related to certain products and components of the Software as well as limited exceptions to the above terms and conditions. To the extent that any provision in this section is in conflict with any other term or condition in this agreement, this section will supersede such other term or conditions.

 

14.1 Limited Warranty for Users Residing in Germany or Austria. If you obtained or use the Software in Germany or Austria, and you usually reside in such country, then Section 6 does not apply; instead, GDPR FORENSIC LIMITED warrants that the Software provides the functionalities set forth in the Documentation (the "agreed upon functionalities") for the limited warranty period following receipt or first use of the Software when used on the recommended hardware configuration. As used in this Section, "limited warranty period" means one (1) year if you are a business user and two (2) years if you are not a business user. Non-substantial variation from the agreed upon functionalities will not and does not establish any warranty rights. THIS LIMITED WARRANTY DOES NOT APPLY TO SOFTWARE PROVIDED TO YOU FREE OF CHARGE, FOR EXAMPLE, UPDATES, PRE-RELEASE, TRYOUT, STARTER, PRODUCT SAMPLER AND NOT FOR RESALE (NFR) COPIES OF SOFTWARE, OR TO FONT SOFTWARE CONVERTED INTO OTHER FORMATS, WEBSITES, ONLINE SERVICES, CD SERVICES OR SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO THE EXTENT SUCH ALTERATION CAUSED A DEFECT. To make a warranty claim, during the limited warranty period you must return, at our expense, the Software and proof of purchase to the location where you obtained it. If the functionalities of the Software vary substantially from the agreed-upon functionalities, GDPR FORENSIC LIMITED is entitled -- by way of re-performance and at its own discretion -- to repair or replace the Software. If this fails, you are entitled to a reduction of the purchase price (reduction) or to cancel the purchase agreement (rescission). For further warranty information, please contact the GDPR FORENSIC LIMITED Customer Support Department.

 

14.2 Limitation of Liability for Users Residing in Germany and Austria.

 

14.2.1 If you obtained or use the Software in Germany or Austria, and you usually reside in such country, then Section 8 does not apply. Instead, subject to the provisions in Section 14.2.2, GDPR FORENSIC LIMITED and its affiliates' statutory liability for damages will be limited as follows: (i) GDPR FORENSIC LIMITED and its affiliates will be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and (ii) GDPR FORENSIC LIMITED and its affiliates will not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.

 

14.2.2 The aforesaid limitation of liability will not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries.

 

14.2.3 You are required to take all reasonable measures to avoid and reduce damages, in particular, to make back-up copies of the Software and your computer data subject to the provisions of this agreement.

 

14.3 Pre-release Software Additional Terms. If the Software is pre-commercial release or beta software ("Pre-release Software"), then this Section applies. The Pre-release Software is a pre-release version, does not represent final product from GDPR FORENSIC LIMITED, and may contain bugs, errors and other problems that could cause system or other failures and data loss. GDPR FORENSIC LIMITED may never commercially release the Pre-release Software. If you received the Pre-release Software pursuant to a separate written agreement, such as the GDPR FORENSIC LIMITED Systems Incorporated Serial Agreement for Unreleased Products, your use of the Software is also governed by such agreement. You will return or destroy all copies of Pre-release Software upon request by GDPR FORENSIC LIMITED or upon GDPR FORENSIC LIMITED's commercial release of such Software. YOUR USE OF PRE-RELEASE SOFTWARE IS AT YOUR OWN RISK. SEE SECTIONS 7 and 8 FOR WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS WHICH GOVERN PRE-RELEASE SOFTWARE.

 

14.4 Tryout, Product Sampler, NFR, Additional Terms. If the Software is tryout, starter, product sampler, or NFR software ("Tryout Software"), then the following Section applies. The Tryout Software may contain limited functionality and is to be used for demonstration and evaluation purposes only and not for your commercial purposes. YOUR USE OF TRYOUT SOFTWARE IS AT YOUR OWN RISK. SEE SECTIONS 7 and 8 FOR WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS WHICH GOVERN TRYOUT SOFTWARE.

 

14.5 Time Out Software. If the Software is a timeout version, then it will cease operations after a designated period of time or number of launches following installation. The license hereunder will terminate after such a period or the number of launches unless extended by GDPR FORENSIC LIMITED upon your acquisition of a full retail license. ACCESS TO ANY FILES OR OUTPUT CREATED WITH SUCH SOFTWARE OR ANY PRODUCT ASSOCIATED WITH SUCH SOFTWARE IS ENTIRELY AT YOUR OWN RISK.

 

14.6 Educational Software Product. If the Software accompanying this agreement is and Educational Software Product or Education Software Licensed Product (Software manufactured and distributed for use by only Educational End Users), you are not entitled to use the Software unless you qualify in your jurisdiction as an Educational End User. Scholarship recipients funded by GDPR FORENSIC LIMITED and persons who undertake a fully paid training course and certification conducted by GDPR FORENSIC LIMITED automatically qualify as Educational End Users and acknowledge that the software use is limited to that directly related to those training and defined educational purposes. Please visit https://universal.captisium.com to learn if you qualify.

 

14.7 Online Services.

 

14.7.1 The Software may rely upon or facilitate your access to websites maintained by GDPR FORENSIC LIMITED or its affiliates or third parties offering goods, information, software and services (e.g., the GDPR FORENSIC LIMITED Captisium Universal File Handler) ("Online Services"). Your access to and use of any website or online services is governed by the terms, conditions, disclaimers, and notices found on such sites or otherwise associated with such services, for example, the Terms of Use located at the third-party website. GDPR FORENSIC LIMITED may at any time, for any reason, modify or discontinue the availability of any website and Online Services.

 

14.7.2 GDPR FORENSIC LIMITED does not control, endorse or accept responsibility for websites or Online Services offered by third parties. Any dealings between you and any third party in connection with a website or Online Services, including delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.

 

14.7.3 EXCEPT AS EXPRESSLY AGREED BY GDPR FORENSIC LIMITED OR ITS AFFILIATES OR A THIRD PARTY IN A SEPARATE AGREEMENT, YOUR USE OF WEBSITES AND ONLINE SERVICES IS AT YOUR OWN RISK UNDER THE WARRANTY AND LIABILITY LIMITATIONS OF SECTIONS 7 AND 8.

 

If you have any questions regarding this agreement or if you wish to request any information from GDPR FORENSIC LIMITED, please use the address and contact information included with this product to contact the GDPR FORENSIC LIMITED office serving your jurisdiction.

 

Captisium is a trademark of GDPR Forensic Limited in the United Kingdom of Great Britain and Northern Ireland and/or other countries. All other trademarks are the property of their respective owners.