Software licence
In order to download and install the reKnowledge software (the “Software”) you must agree to the terms of this Licence.
This Licence is a legally binding contract. You should read it carefully in its entirety.
If you disagree with any of the terms of this Licence, ReKnowledge does not grant you a right to use the Software and you may not download it and should cancel or exit any installation you may have started.
Any personal information entered as part of the Software download will be processed in accordance with our Privacy Policy found at https://www.reknowledge.tech/privacypolicy.html
By installing the Software you agree and confirm that:
ReKnowledge means ReKnowledge Ltd, a company registered in England and Wales with company number 12027695 at 107-111 Fleet Street, London, England, EC4A 2AB.
Right to use
Subject to you holding a valid subscription or a properly authorised free trial to the Digital Investigative Board service, ReKnowledge grants you a non-exclusive, non-transferable, personal right to use the Software solely for the purpose of accessing and using the Digital Investigative Board service.
You acknowledge that the Software does not include:
You agree and acknowledge that ReKnowledge may change or discontinue any aspect or feature of the Software or the use of all or any features or technology in the Software at any time without prior notice to you.
You agree and acknowledge that you are solely responsible for all data you record, enter or upload using the Software. ReKnowledge shall have no responsibility under any circumstances for any data you record, enter or upload using the Software.
Limitations on use
You shall not:
You shall notify ReKnowledge in writing as soon as you become aware of any actual or suspected unauthorised installation or use of the Software.
You agree that you shall at all times comply with all applicable laws relating to your use of the Software including laws relating to privacy, data protection and use of systems and communications.
ReKnowledge may also impose limits on certain features and services or restrict your access to parts or all of the Software without notice or liability.
Open Source and third party software
You acknowledge that certain components of the Software may be Open Source Software. Open Source Software means any software subject to a version of the General Public Licence, together with any other ‘open source’ software falling within the Open Source Definition issued by the Open Source Initiative (www.opensource.org/docs/osd) at the date of this Licence and any ‘free software’ as defined by the Free Software Foundation (www.gnu.org/philosophy/free-sw.html).
ReKnowledge shall have no liability or obligation under this Licence in respect of any Open Source Software. You are responsible for complying with all terms relating to any Open Source Software used within the Software.
The Software may include third party software or materials (“Third Party Materials”). In relation to these Third Party Materials, you agree that:
Support and updates
No support or software upgrades, enhancements, or modifications for the Software will be provided to you except as set out below or in the Enterprise Terms and Conditions or the Individual Terms and Conditions (whichever is applicable).
In its absolute discretion, ReKnowledge may, from time to time, provide updates to the Software.
In its absolute discretion, ReKnowledge may, from time to time, provide new versions of the Software and notify you when it's ready to install. It is your responsibility to download and install this new version and you must agree to the terms of the then current Licence, in order for the update to be installed on your device.
ReKnowledge accepts no responsibility for any loss, expense or damage caused by your failure to install any updates provided or install any new version of the Software.
Intellectual property rights
All intellectual property rights in the Software belong to and shall remain vested in ReKnowledge or the relevant third party owner. To the extent that you or any person acting on its or their behalf acquires any intellectual property rights in the Software or any other part of it, you shall assign or procure the assignment of such intellectual property rights with full title guarantee (including by way of present assignment of future intellectual property rights) to ReKnowledge or such third party as ReKnowledge may elect. You shall execute all such documents and do such things as ReKnowledge may consider necessary to give effect to this paragraph.
Except for the rights expressly granted in this Licence, you shall not acquire in any way any title, rights of ownership, or intellectual property rights of whatever nature in the Software (or any part) and no intellectual property rights of either party are transferred or licensed as a result of this Licence.
Indemnity
You shall indemnify, keep indemnified and hold harmless ReKnowledge from and against any losses, claims, damages, liability, costs (including legal and other professional fees) and expenses incurred by it as a result of the your breach of this Licence, your violation of applicable laws, or your violation of any rights of another person or entity..
Limitation of liability
ReKnowledge will not be liable to you for claims and liabilities of any kind arising out of or in any way related to the use of the Software by yourself or by third parties.
ReKnowledge shall not be liable for consequential, indirect or special losses.
ReKnowledge shall not be liable for any of the following (whether direct or indirect):
Notwithstanding any other provision of this Licence, ReKnowledge’s liability shall not be limited in any way in respect of the following:
Disclaimer of warranties
You agree and acknowledge that the use of the Software is at your sole risk and that the Software is provided on an as is basis without any warranty of any kind.
You agree and acknowledge that no liability or obligation is accepted by ReKnowledge (howsoever arising whether under contract, tort, in negligence or otherwise) in relation to the Software and that ReKnowledge expressly disclaim all warranties of any kind, whether express or implied, relating to the Software and any data accessed there from, or the accuracy, timeliness, completeness, or adequacy of the Software and any data accessed by using it, including the implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement.
You acknowledge that the Software may not meet your individual needs, whether or not such needs have been communicated to ReKnowledge.
You agree and acknowledge that no liability or obligation is accepted by ReKnowledge (howsoever arising whether under contract, tort, in negligence or otherwise) for any damage caused to any computer or system on which the Software is used
You agree and acknowledge that no liability or obligation is accepted by ReKnowledge (howsoever arising whether under contract, tort, in negligence or otherwise) that the Software shall be compatible and/or function correctly with any other software (including internet browsers) or service or with any hardware or equipment
All warranties, conditions, terms, undertakings or obligations whether express or implied and including any implied terms relating to quality, fitness for any particular purpose or ability to achieve a particular result are excluded to the fullest extent allowed by applicable law.
Termination
This Licence shall commence upon the commencement of your subscription or access (if granted such access by a multi-user subscriber) to the Digital Investigative Board and terminate upon the cancellation of your subscription or access (if granted such access by a multi-user subscriber) to the Digital Investigative Board.
ReKnowledge may terminate this Licence and revoke your right to use the Software by providing not less than 30 days’ prior written notice to you.
ReKnowledge may terminate this Licence and revoke your right to use the Software immediately at any time by giving you notice in writing if:
Any terms in the Licence that are expressly stated, or by implication intended, to apply after expiry or termination of the Licence shall continue in full force and effect after such expiry or termination.
The rights of termination under this Licence are subject to the terms of the Enterprise Terms and Conditions or the Individual Terms and Conditions (whichever is applicable).
Export controls
You shall comply with all applicable laws, rules, and regulations governing export that apply to the Software, and shall not export or re-export, directly or indirectly, separately or as a part of a system, the Software (or any part) to, or access or use the Software (or any part) in, any country or territory for which an export licence or other approval is required under the laws of the United Kingdom, the United States, the European Union or any of its member states, without first obtaining such licence or other approval. You shall be solely responsible for ensuring its access, importation and use of the Software in or into any part of any country or territory complies with all export and other laws.
Entire agreement
Except for the Enterprise Terms and Conditions or the Individual Terms and Conditions (whichever is applicable) and all documents included in the definition of Agreement in those terms, this Licence constitutes the entire agreement between the parties and supersedes all previous agreements, understandings and arrangements between them in respect of its subject matter, whether in writing or oral.
Each party acknowledges that it has not entered into this Licence in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in this Licence.
Nothing in this Licence shall limit or exclude any liability for fraud.
Governing law
This Licence and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
Jurisdiction
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Licence, its subject matter or formation (including non-contractual disputes or claims).
Severance
If any provision of this Licence (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this Licence shall not be affected.
If any provision of this Licence (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable. In the event of such deletion or modification, the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable alternative provision.
Waiver
No failure, delay or omission by ReKnowledge in exercising any right, power or remedy provided by law or under this Licence shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.
No single or partial exercise of any right, power or remedy provided by law or under this Licence shall prevent any future exercise of it or the exercise of any other right, power or remedy.
A waiver of any term, provision, condition or breach of this Licence shall only be effective if given in writing and signed by the waiving party, and then only in the instance and for the purpose for which it is given.
This Licence is a legally binding contract. You should read it carefully in its entirety.
If you disagree with any of the terms of this Licence, ReKnowledge does not grant you a right to use the Software and you may not download it and should cancel or exit any installation you may have started.
Any personal information entered as part of the Software download will be processed in accordance with our Privacy Policy found at https://www.reknowledge.tech/privacypolicy.html
By installing the Software you agree and confirm that:
- you are at least 18 years old;
- you have an active and current subscription to the Digital Investigative Board service or are undertaking a properly authorised free trial to the Digital Investigative Board service;
- you are using the Software for non-personal use only;
- in using the Software you will comply with all applicable laws;
- you are bound by the terms of the Enterprise Terms and Conditions or the Individual Terms and Conditions (whichever is applicable) in relation to your access and use the Digital Investigative Board service; and
- you have read this Licence, understand it, and agree to be bound by its terms
ReKnowledge means ReKnowledge Ltd, a company registered in England and Wales with company number 12027695 at 107-111 Fleet Street, London, England, EC4A 2AB.
Right to use
Subject to you holding a valid subscription or a properly authorised free trial to the Digital Investigative Board service, ReKnowledge grants you a non-exclusive, non-transferable, personal right to use the Software solely for the purpose of accessing and using the Digital Investigative Board service.
You acknowledge that the Software does not include:
- any services, systems or equipment required to access the internet (and that you are solely responsible for procuring access to the internet and for all costs and expenses in connection with internet access, communications, data transmission and wireless or mobile charges incurred by it in connection with use of the Software);
- dedicated data back up or disaster recovery; or
- legal, accounting or other professional or regulated services and that no assurance is given that the Software will comply with or satisfy any legal or regulatory obligation of any person.
You agree and acknowledge that ReKnowledge may change or discontinue any aspect or feature of the Software or the use of all or any features or technology in the Software at any time without prior notice to you.
You agree and acknowledge that you are solely responsible for all data you record, enter or upload using the Software. ReKnowledge shall have no responsibility under any circumstances for any data you record, enter or upload using the Software.
Limitations on use
You shall not:
- copy, reproduce, publish, distribute, redistribute, broadcast, transmit, modify, adapt, edit, abstract or archive any part of the Software;
- display publicly or to third parties, sell, license, lease, rent, assign, transfer, disclose, (in each case whether or not for charge) or in any way commercially exploit any part of the Software;
- create derivative works from the Software;
- remove or modify any copyright or similar notices, or any ReKnowledge branding or any other person’s branding, that the Software causes to be displayed when used;
- install or use the Software, or permit it to be installed or used, on behalf of any third party;
- attempt to circumvent or interfere with any security features of the Software;
- combine, merge or otherwise permit the Software (or any part of it) to become incorporated in any other programme or service, or arrange or create derivative works based on it (in whole or in part); or
- attempt to reverse engineer, decode, observe, study or test the functioning of or decompile the Software (or any part) or otherwise translate or convert the Software.
You shall notify ReKnowledge in writing as soon as you become aware of any actual or suspected unauthorised installation or use of the Software.
You agree that you shall at all times comply with all applicable laws relating to your use of the Software including laws relating to privacy, data protection and use of systems and communications.
ReKnowledge may also impose limits on certain features and services or restrict your access to parts or all of the Software without notice or liability.
Open Source and third party software
You acknowledge that certain components of the Software may be Open Source Software. Open Source Software means any software subject to a version of the General Public Licence, together with any other ‘open source’ software falling within the Open Source Definition issued by the Open Source Initiative (www.opensource.org/docs/osd) at the date of this Licence and any ‘free software’ as defined by the Free Software Foundation (www.gnu.org/philosophy/free-sw.html).
ReKnowledge shall have no liability or obligation under this Licence in respect of any Open Source Software. You are responsible for complying with all terms relating to any Open Source Software used within the Software.
The Software may include third party software or materials (“Third Party Materials”). In relation to these Third Party Materials, you agree that:
- ReKnowledge has no responsibility for the use or consequences of use of any Third Party Materials;
- your use of any Third Party Materials shall be governed by the applicable terms between you and the owner or licensor of the relevant Third Party Materials;
- ReKnowledge grants no intellectual property rights or other rights in connection with any Third Party Materials;
- you are solely responsible for any Third Party Materials used in connection with the Software and for compliance with all applicable third party terms which may govern the use of such Third Party Materials; and
- the continued availability, compatibility with the Software and performance of the Third Party Materials is outside the control of ReKnowledge and ReKnowledge has no responsibility for any unavailability of or degradation in the Software to the extent resulting from the availability, incompatibility or performance of any of the Third Party Materials.
Support and updates
No support or software upgrades, enhancements, or modifications for the Software will be provided to you except as set out below or in the Enterprise Terms and Conditions or the Individual Terms and Conditions (whichever is applicable).
In its absolute discretion, ReKnowledge may, from time to time, provide updates to the Software.
In its absolute discretion, ReKnowledge may, from time to time, provide new versions of the Software and notify you when it's ready to install. It is your responsibility to download and install this new version and you must agree to the terms of the then current Licence, in order for the update to be installed on your device.
ReKnowledge accepts no responsibility for any loss, expense or damage caused by your failure to install any updates provided or install any new version of the Software.
Intellectual property rights
All intellectual property rights in the Software belong to and shall remain vested in ReKnowledge or the relevant third party owner. To the extent that you or any person acting on its or their behalf acquires any intellectual property rights in the Software or any other part of it, you shall assign or procure the assignment of such intellectual property rights with full title guarantee (including by way of present assignment of future intellectual property rights) to ReKnowledge or such third party as ReKnowledge may elect. You shall execute all such documents and do such things as ReKnowledge may consider necessary to give effect to this paragraph.
Except for the rights expressly granted in this Licence, you shall not acquire in any way any title, rights of ownership, or intellectual property rights of whatever nature in the Software (or any part) and no intellectual property rights of either party are transferred or licensed as a result of this Licence.
Indemnity
You shall indemnify, keep indemnified and hold harmless ReKnowledge from and against any losses, claims, damages, liability, costs (including legal and other professional fees) and expenses incurred by it as a result of the your breach of this Licence, your violation of applicable laws, or your violation of any rights of another person or entity..
Limitation of liability
ReKnowledge will not be liable to you for claims and liabilities of any kind arising out of or in any way related to the use of the Software by yourself or by third parties.
ReKnowledge shall not be liable for consequential, indirect or special losses.
ReKnowledge shall not be liable for any of the following (whether direct or indirect):
- loss of profit;
- destruction, loss of use or corruption of data;
- loss or corruption of software or systems;
- loss or damage to equipment;
- loss of use;
- loss of production;
- loss of contract;
- loss of opportunity;
- loss of savings, discount or rebate (whether actual or anticipated); and/or
- harm to reputation or loss of goodwill.
Notwithstanding any other provision of this Licence, ReKnowledge’s liability shall not be limited in any way in respect of the following:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; or
- any other losses which cannot be excluded or limited by applicable law.
Disclaimer of warranties
You agree and acknowledge that the use of the Software is at your sole risk and that the Software is provided on an as is basis without any warranty of any kind.
You agree and acknowledge that no liability or obligation is accepted by ReKnowledge (howsoever arising whether under contract, tort, in negligence or otherwise) in relation to the Software and that ReKnowledge expressly disclaim all warranties of any kind, whether express or implied, relating to the Software and any data accessed there from, or the accuracy, timeliness, completeness, or adequacy of the Software and any data accessed by using it, including the implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement.
You acknowledge that the Software may not meet your individual needs, whether or not such needs have been communicated to ReKnowledge.
You agree and acknowledge that no liability or obligation is accepted by ReKnowledge (howsoever arising whether under contract, tort, in negligence or otherwise) for any damage caused to any computer or system on which the Software is used
You agree and acknowledge that no liability or obligation is accepted by ReKnowledge (howsoever arising whether under contract, tort, in negligence or otherwise) that the Software shall be compatible and/or function correctly with any other software (including internet browsers) or service or with any hardware or equipment
All warranties, conditions, terms, undertakings or obligations whether express or implied and including any implied terms relating to quality, fitness for any particular purpose or ability to achieve a particular result are excluded to the fullest extent allowed by applicable law.
Termination
This Licence shall commence upon the commencement of your subscription or access (if granted such access by a multi-user subscriber) to the Digital Investigative Board and terminate upon the cancellation of your subscription or access (if granted such access by a multi-user subscriber) to the Digital Investigative Board.
ReKnowledge may terminate this Licence and revoke your right to use the Software by providing not less than 30 days’ prior written notice to you.
ReKnowledge may terminate this Licence and revoke your right to use the Software immediately at any time by giving you notice in writing if:
- you commit a material breach of this Licence and such breach is not remediable; or
- you commit a material breach of this Licence which is not remedied within 20 days of receiving written notice of such breach.
- stop using the Software; and
- destroy and delete or, if requested by ReKnowledge, return any copies of the Software in your possession or control.
Any terms in the Licence that are expressly stated, or by implication intended, to apply after expiry or termination of the Licence shall continue in full force and effect after such expiry or termination.
The rights of termination under this Licence are subject to the terms of the Enterprise Terms and Conditions or the Individual Terms and Conditions (whichever is applicable).
Export controls
You shall comply with all applicable laws, rules, and regulations governing export that apply to the Software, and shall not export or re-export, directly or indirectly, separately or as a part of a system, the Software (or any part) to, or access or use the Software (or any part) in, any country or territory for which an export licence or other approval is required under the laws of the United Kingdom, the United States, the European Union or any of its member states, without first obtaining such licence or other approval. You shall be solely responsible for ensuring its access, importation and use of the Software in or into any part of any country or territory complies with all export and other laws.
Entire agreement
Except for the Enterprise Terms and Conditions or the Individual Terms and Conditions (whichever is applicable) and all documents included in the definition of Agreement in those terms, this Licence constitutes the entire agreement between the parties and supersedes all previous agreements, understandings and arrangements between them in respect of its subject matter, whether in writing or oral.
Each party acknowledges that it has not entered into this Licence in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in this Licence.
Nothing in this Licence shall limit or exclude any liability for fraud.
Governing law
This Licence and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
Jurisdiction
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Licence, its subject matter or formation (including non-contractual disputes or claims).
Severance
If any provision of this Licence (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this Licence shall not be affected.
If any provision of this Licence (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable. In the event of such deletion or modification, the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable alternative provision.
Waiver
No failure, delay or omission by ReKnowledge in exercising any right, power or remedy provided by law or under this Licence shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.
No single or partial exercise of any right, power or remedy provided by law or under this Licence shall prevent any future exercise of it or the exercise of any other right, power or remedy.
A waiver of any term, provision, condition or breach of this Licence shall only be effective if given in writing and signed by the waiving party, and then only in the instance and for the purpose for which it is given.
