Common use of Functionality Clause in Contracts

Functionality. You acknowledge that use of the Software may result in Your collection of information obtained from third parties, that such third party information is not under the control of Magnet Forensics, and Magnet Forensics is not responsible or in any way liable for the performance and non-performance of the Software to collect such third party information, including without limitation the accuracy, completeness, interpretation, reliability, copyright compliance, legality, decency, or any other aspect of such third party information. It is solely Your responsibility to evaluate the accuracy, completeness, interpretation, and usefulness of the collection of any such third-party information. Magnet Forensics has no special relationship with or fiduciary duty to You, and You acknowledge that Magnet Forensics has no control over, and no duty to take any action regarding any of Your acts or omissions, including without limitation: (a) what information and material You access through the Software; (b) how You may interpret or use the information and materials accessed through the Software; or (c) what actions You may take as a result of having been exposed to information and materials obtained through the Software. You therefore agree to indemnify, defend and hold Magnet Forensics harmless from any and all claims that arise as a result of Your use of the Software, including without limitation claims arising from Your non-compliance with applicable privacy or other legislation, and claims by third parties relating to their rights in the information and materials accessed by You.

Functionality. You acknowledge that use of the Software may result in Your collection of information obtained from third parties, that such third party information is not under the control of Magnet DME Forensics, and Magnet DME Forensics is not responsible or in any way liable for the performance and non-non- performance of the Software to collect such third party information, including without limitation the accuracy, completeness, interpretation, reliability, copyright compliance, legality, decency, or any other aspect of such third party information. It is solely Your responsibility to evaluate the accuracy, completeness, interpretation, and usefulness of the collection of any such third-party information. Magnet DME Forensics has no special relationship with or fiduciary duty to You, and You acknowledge that Magnet DME Forensics has no control over, and no duty to take any action regarding any of Your acts or omissions, including without limitation: (a) what information and material You access through the Software; (b) how You may interpret or use the information and materials accessed through the Software; or (c) what actions You may take as a result of having been exposed to information and materials obtained through the Software. You therefore agree to indemnify, defend and hold Magnet DME Forensics harmless from any and all claims that arise as a result of Your use of the Software, including without limitation claims arising from Your non-compliance with applicable privacy or other legislation, and claims by third parties relating to their rights in the information and materials accessed by You.