End User License Agreement (EULA)

By downloading, installing, licensing, or executing the Software, You affirmatively agree to be bound by the terms of this EULA. If You do not agree to these terms, You are not authorized to install, deploy, or utilize the Software.

1. Grant of License, Geographic Scope & Statutory Non-MCM Status

In-Situ Software Solutions Inc. grants the Agency a limited, non-exclusive, non-transferable, and revocable subscription license to install and operate the Software solely for official law enforcement, investigative scene documentation, and evidence-structuring purposes.

Geographic & Jurisdictional Restriction: The Software is licensed exclusively to verified public safety and law enforcement entities operating within Canada. Deployment or operation of the Software outside the sovereign borders of Canada is strictly prohibited.

Regulatory Compliance & Provincial Policing Standards: The Software is designed strictly as an administrative on-scene documentation and exhibit-logging aid. It is not certified as an "Approved Software" system for Major Case Management (MCM) under Ontario Regulation 394/23 of the Community Safety and Policing Act, 2019 (CSPA), nor does it fulfill the enterprise database workflow mandates of British Columbia Provincial Policing Standards (BCPPS) Section 5.2. Municipal, provincial, and regional police services in Ontario, British Columbia, and other Canadian jurisdictions are legally prohibited from utilizing the Software as their primary or sole MCM operational database for threshold major cases (including homicides, criminal negligence causing death, sexual assaults, and non-parental abductions). Subscribing agencies bear sole and absolute statutory responsibility for manually reviewing, adopting, and entering all exhibit logs, notes, timelines, and case facts captured within the Software into their agency’s certified provincial Records Management System (e.g., NicheRMS, PRIME-BC, Versadex) to satisfy statutory MCM and Crown disclosure compliance.

2. Copyright, Intellectual Property & Sovereign Evidence Ownership

The Software is licensed on a recurring subscription basis, not sold. In-Situ Software Solutions Inc. retains all right, title, copyright, trade secret, and other intellectual property rights in and to the Software binaries, underlying algorithms, user interface layouts, and system designs. The Agency shall not decompile, reverse engineer, disassemble, decrypt, or create derivative works of the Software.

Data Ownership & Evidentiary Sovereignty: In-Situ Software Solutions Inc. operates under a Zero-Cloud Evidence Architecture and claims zero proprietary interest in, custody of, or legal possession over Agency data. All evidentiary records, notes, photographs, search warrant scans, officer identities, and container files generated by the Software remain the exclusive, sovereign property and custody of the Agency. Zero operational case facts or evidentiary media are ever hosted, transmitted, processed, or backed up within Licensor's cloud infrastructure.

3. Administrative Documentation Medium & Evidentiary Indemnification

The Software functions strictly as a contemporaneous digital recording medium—analogous to an electronic field notebook or word processor. It is not an enterprise Records Management System (RMS) or Digital Evidence Management System (DEMS) and does not autonomously corroborate, verify, or legally authenticate recorded facts. The Agency agrees to the following evidentiary allocations:

• Field Collection Aid & User Adoption of Records: Data, chronologies, and notes recorded in the Software represent contemporaneous field logs. Investigating officers and the Agency retain non-delegable legal responsibility for reviewing, verifying, and formally adopting all exhibit lists, timelines, notes, and auto-filled forms into official court packages and primary records switches (e.g., PRIME-BC, NicheRMS) prior to tendering them in judicial proceedings.
• Operational Verification of Input Data: The Agency and its authorized users bear sole responsibility for verifying the factual accuracy, completeness, and validity of all file numbers, seizure times, location descriptions, evidence marker numbers, and exhibit descriptions. Licensor assumes zero liability for transcription errors, misidentified items, or disclosure discrepancies resulting from user data entry or manual file reassignments.
• Investigative Aids, Statutory Forms & Regional Crown Disclaimers: All visual flowcharts, hierarchical exhibit trees, chronological timelines, case notes, and pre-formatted statutory forms—including Reports to a Justice under the Criminal Code and Drug Seizure Reports under the Controlled Drugs and Substances Act (CDSA)—generated by the Software are provided strictly as an administrative drafting and formatting convenience. The Software does not guarantee that pre-formatted templates reflect the most current judicial practice directions, health authority policy amendments, or regional Crown Counsel disclosure standards (such as the British Columbia Crown Counsel Policy Manual or the Ontario Crown Prosecution Manual, in each case as amended or supplemented from time to time). The Agency and its investigating officers retain exclusive, non-delegable statutory responsibility for reviewing, verifying, and confirming the legal sufficiency, statutory currency, and factual completeness of all forms and reports prior to tendering them to a Justice of the Peace, judicial officer, Crown Counsel, or regulatory body.
• Append-Only Revision Control & Soft-Deletions: The Software permits users to correct transcription errors via append-only versioning and recorded soft-deletions. Substantive modifications spawn a new revision version linked to prior identifiers, while deletions require mandatory stated justifications preserved in the audit log. Licensor is fully indemnified against claims of timeline manipulation, inaccurate court reporting, or spoliation of evidence resulting from user edits, manual clock overrides, or authorized user deletions.
• Indemnification, Subpoena Defense & Expert Witness Compensation: The Agency agrees to defend, indemnify, and hold harmless In-Situ Software Solutions Inc., its officers, directors, employees, and software engineers from and against any third-party claims, defense applications, motions for third-party production, or judicial inquiries arising out of or related to the operational deployment of the Software, evidence collection procedures, file merging liabilities, or timeline challenges. If In-Situ Software Solutions Inc. or any of its personnel is served with a subpoena, summons, court order, or discovery demand in any criminal, civil, or administrative proceeding compelling testimony, technical affidavits, source code disclosure, or evidentiary explanations regarding the Software’s architecture (including but not limited to SHA-256 hash chains, local Quick PIN switching, Windows Registry storage, NIO FileChannel locking, or mobile synchronization mechanics), the Agency shall reimburse In-Situ Software Solutions Inc. for: (a) all actual external legal fees and disbursements incurred on a solicitor-and-own-client full-indemnity basis; (b) reasonable travel, meal, and lodging expenses; and (c) technical consultation and expert witness preparation and court appearance time billed at Licensor’s then-current corporate hourly expert witness rates.
• Physical Chain of Custody: The Software does not replace human physical evidence management protocols. The Agency is solely responsible for maintaining a lawful, physical chain of custody under Canadian law.
• Audit Trail Integrity under CEA s. 31: The Software generates an internal SHA-256 hash-chained ledger to assist the Agency in proving system integrity under Section 31.3 of the Canada Evidence Act. The Agency remains legally responsible for presenting necessary oral or certificate evidence to establish the authenticity and admissibility of all electronic records in court.
• Session Discipline, Shared Terminal Attribution & CEA s. 31 Presumptions: The Software provides internal officer profile-switching and local 4-digit PIN authentication strictly as an operational logging aid to assist field personnel in attributing discrete investigative actions on shared in-vehicle Mobile Data Terminals (MDTs) and workstations. Evidentiary records and timestamps are attributed directly to the officer profile actively selected at the moment of entry. The Software relies upon the Agency's overarching operating-system-level domain authentication (Windows Active Directory / Azure AD) and institutional operational discipline to guarantee user identity. The Agency and its personnel bear sole, absolute responsibility for maintaining terminal physical security, locking unattended stations, logging out, changing partner profiles during vehicle handoffs, and preventing credential sharing or unauthorized PIN resets. Under no circumstances shall Licensor be liable for cross-contamination of officer attribution, fraudulent or misattributed entries, compromised PIN resets, or judicial challenges to electronic document authenticity or system integrity under Sections 31.1 or 31.3 of the Canada Evidence Act arising from unhardened Windows domain sessions, shared credentials, or unattended terminals.

4. Data Storage, Management, Publication Bans & Ingestion Risks

Because the Software utilizes a local-storage architecture (via proprietary .eis container archives and companion .eis_mobile packages), the Agency assumes total operational control over data administration:

• Cloud-Sync Directory Locking Hazards: The Software executes continuous, low-latency disk writes during active operations. Operating or saving an active case container within a live third-party cloud-sync directory (e.g., Microsoft OneDrive, SharePoint, Google Drive, Dropbox) will cause third-party sync engines to place OS-level locks on the file. Licensor assumes zero liability for software freezes, thread crashes, spoliation of evidence, or container corruption resulting from an Agency operating active case files within live cloud-sync folders.
• Third-Party Endpoint Interference, EDR & Antivirus Locking: The Software relies on low-latency, exclusive Java NIO FileChannel locks to ensure transactional integrity across .eis containers. Third-party Endpoint Detection and Response (EDR) agents (e.g., CrowdStrike Falcon, Microsoft Defender for Endpoint, SentinelOne), real-time antivirus scanners, and unapproved automated cloud synchronizers frequently intercept, quarantine, or lock active .eis, .lock, and temporary workspace files. The Agency is solely responsible for configuring appropriate EDR and antivirus exclusions for the Software’s active working directories and binary execution paths. Licensor assumes zero liability for container locking failures, corrupted rolling backups, application freezes, or lost evidence caused by third-party host security tools, file-scanning agents, or group-policy-enforced storage restrictions.
• Automated Hidden Backups & Forensic Discoverability: The desktop Software automatically writes rolling backup snapshots into an adjacent, operating-system-hidden directory titled "Exhibit In-Sight Backups" (retaining up to three generations). The Agency acknowledges the continuous existence of this adjacent directory and assumes exclusive responsibility for securing, archiving, disclosing (pursuant to R. v. Stinchcombe), or purging these hidden backup files in conjunction with the master case file.
• Encryption at Rest & Endpoint Hardening: Container files (.eis) and companion SQLite databases are unencrypted at the application container layer to optimize field read/write throughput. Subscribing agencies are contractually required to enforce operating-system-level Full Disk Encryption (FDE)—including Windows BitLocker on MDTs and hardware-backed File-Based Encryption (FBE) on Android companion devices—in conjunction with enforced screen locks. Licensor disclaims all liability for data intercepted from unencrypted, unhardened Agency endpoints.
• Non-Redaction & Statutory Publication Ban Disclaimer: Exhibit In-Sight is strictly an operational evidence logging, structuring, and collection tool and does NOT perform automated statutory or privacy redactions. All exported documents, PDFs, raw JSON files, HTML disclosure reports, and ZIP archives export raw, unredacted data exactly as entered by users. The Licensee and its authorized users assume sole, exclusive, and non-delegable legal responsibility for inspecting, redacting, and verifying all exported documents, images, and data packages for compliance with the Youth Criminal Justice Act (including youth identifying information), mandatory and discretionary publication bans and sealing orders under the Criminal Code (including victim, witness, and sexual offence complainant protections, and bail proceeding restrictions), Common-Law Informer Privilege, and applicable provincial and federal privacy legislation (in each case as amended, re-enacted, or replaced from time to time, or under successor legislation) prior to printing, transmitting, disclosing, or releasing records to Crown Counsel, defense counsel, the court, media, or third parties. Licensor is fully indemnified against any statutory breach, contempt of court, civil liability, or criminal penalty arising from the disclosure of unredacted records.
• Offline Mobile Exports & Ingestion Responsibility: The Agency expressly acknowledges that offline rescue export archives (.eis_mobile) generated on Android companion devices require manual, physical, or external transport (via USB, email, or network transfer) and affirmative desktop ingestion into the master container. Licensor exercises zero physical, logical, or network custody over exported .eis_mobile packages. The Agency assumes 100% of the operational and legal risk regarding archive loss, damaged USB media, deleted mobile SQLite sandboxes, or the failure of investigating personnel to ingest offline files into the master container prior to statutory disclosure deadlines, preliminary inquiries, or trial. Local mobile database records must not be manually wiped until desktop ingestion and container backup verification have been completed.

5. Network Engineering & IT Administrator Authorization

The Software is designed and architected to operate on supported 64-bit releases of Windows 10 and Windows 11, and Android versions 10 through 15 (or the prevailing stable Android release commercially supported at the date of software build distribution). Licensor expressly disclaims all warranties, representations, or liabilities regarding software stability, performance, or compatibility on rooted, jailbroken, customized, modified, virtualized, end-of-life, or unsupported hardware or operating system environments.

• Network Configuration & Hotspot Scripting: The desktop software executes internal scripts (including bypassing Windows PowerShell execution policies) to dynamically configure local Wi-Fi adapters for the creation of an air-gapped hotspot. Communications are encrypted in-transit using TLS 1.3 / AES-256 (TCP Port 51038) and validated via SHA-256 QR-code certificate pinning, with UDP Port 51039 utilized for local discovery. In secured environments where hotspot creation is restricted by group policy, the Software supports operation over local cruiser/station Wi-Fi networks under identical TLS 1.3 encryption.
• IT Whitelisting Mandate: The Agency explicitly grants the Software permission to execute these network and local configuration commands. Agency IT administrators are solely responsible for whitelisting these specific network behaviors, port bindings, and executable scripts within their Endpoint Detection and Response (EDR) platforms and enterprise firewalls.

6. Subscription Billing, Offline Grace Period & Account Suspension

Recurring Subscription Terms: Access is authorized on a recurring monthly subscription basis. New agency subscriptions include an initial 30-day evaluation trial. Continued operation requires an active, paid monthly subscription.

Service Level Agreement (SLA) Disclaimer: The Software is licensed without a guarantee of 24/7 continuous technical dispatch support. Licensor is not liable for operational delays in ongoing police operations resulting from hardware failure, software downtime, or standard support-queue response times.

60-Day Offline Grace Period: To support disconnected tactical and remote operations, verified MDTs store a cryptographic machine token bound to a dynamic 256-bit machine salt allowing full operational capability for up to sixty (60) days without internet access.

Account Suspension & Read-Only Historical Access: Licensor reserves the right to suspend an Agency’s ability to initiate new case containers or unlock new operational sessions if subscription fees remain unpaid. However, the Software is programmed to permit indefinite "read-only" access to previously generated local historical files to satisfy evidentiary retention mandates.

7. Third-Party and Open Source Components (FOSS Schedule)

The Software incorporates and distributes certain third-party Free and Open Source Software ("FOSS") libraries. Each library is licensed under its respective open-source license. The Software's proprietary code is distributed subject to the terms of this EULA, while third-party libraries remain governed by their applicable licenses:

Software Bill of Materials (SBOM) & Upstream Patching: Third-party open-source components are provided "AS-IS" without warranty of any kind. Licensor disclaims all liability for vulnerabilities, bugs, or deprecations originating within third-party upstream libraries (including Apache PDFBox, Google Gson, and ZXing). Licensor's sole obligation regarding third-party security vulnerabilities is limited to evaluating and incorporating standard stable security patches released by upstream maintainers in the ordinary course of regular Software version updates.

A copy of the Apache License, Version 2.0 can be obtained at http://www.apache.org/licenses/LICENSE-2.0. Third-party components are distributed "AS IS" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.

8. Export Controls & Geographic Distribution

Because the Software is engineered specifically to align with Canadian evidentiary law and is restricted to Canadian law enforcement bodies, the Agency agrees not to export, re-export, or transmit the Software or any underlying binaries outside of Canada.

9. Limitation of Liability and Disclaimer of Warranty

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE CANADIAN LAW, IN-SITU SOFTWARE SOLUTIONS INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION, AND NON-INFRINGEMENT.

OPERATIONAL PERFORMANCE, DATA TRANSMISSION TIMINGS, AND UI RESPONSIVENESS ARE INHERENTLY DEPENDENT ON AGENCY HARDWARE, AVAILABLE SYSTEM RAM, LOCAL RADIO-FREQUENCY (RF) INTERFERENCE, WINDOWS HOTSPOT PROTOCOLS, AND NETWORK CONDITIONS. LICENSOR DOES NOT WARRANT THAT SOFTWARE OPERATION WILL BE COMPLETELY UNINTERRUPTED, LOSSLESS, OR ERROR-FREE.

IN NO EVENT SHALL IN-SITU SOFTWARE SOLUTIONS INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO THE AGENCY, ITS OFFICERS, OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF CASE DATA, SPOLIATION OF EVIDENCE, INADMISSIBILITY OF EVIDENCE, MISTRIALS, STAY OF PROCEEDINGS, SECTION 24(1) CHARTER REMEDIES, OR WRONGFUL CONVICTIONS/ACQUITTALS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Aggregate Financial Liability Cap & Tercon Acknowledgement: Subject to the exclusions above and to the maximum extent permitted by the laws of British Columbia and the federal laws of Canada applicable therein, the total aggregate liability of In-Situ Software Solutions Inc. arising out of, under, or in connection with this EULA, the Software, or its operational deployment—whether arising in contract, tort (including fundamental breach or negligence), strict liability, statutory duty, or any other legal or equitable theory—shall under all circumstances be strictly limited to and shall not exceed the total subscription fees actually paid by the subscribing Agency to In-Situ Software Solutions Inc. during the twelve (12) month period immediately preceding the event giving rise to liability. The parties expressly acknowledge and agree that this aggregate cap and the warranty disclaimers herein reflect an informed commercial allocation of risk between sophisticated public entities and the Licensor, form an essential foundation of the economic bargain, and shall survive any fundamental breach, repudiation, or failure of essential purpose. Pursuant to the Supreme Court of Canada's framework in Tercon Contractors Ltd. v. British Columbia, the Agency agrees that this limitation is neither unconscionable nor contrary to public policy in the administration of justice.

10. Force Majeure

Neither party shall be liable for any failure or delay in the performance of its contractual obligations (excluding payment obligations) caused by events beyond its reasonable control, including but not limited to: acts of God, extreme meteorological events, war, armed conflict, civil disturbance, terrorism, state cyber warfare, nationwide internet or telecommunications outages, widespread power grid failures, cellular network carrier blackouts, pandemic health orders, trade sanctions, or governmental restrictions. In addition, the Agency acknowledges that operational software performance relies upon third-party hardware and software systems beyond Licensor's control; Licensor shall not be liable for operational disruptions or performance degradation caused by Windows Update operating system breaking changes, hardware driver conflicts, vehicle radio-frequency (RF) interference, cellular modem hardware failure, or device CMOS battery hardware clock drift.

11. Administrative Data Deletion & Post-Termination Retention

In alignment with the Zero-Cloud Evidence Architecture, In-Situ Software Solutions Inc. does not possess or store evidentiary case files. Upon the formal termination or cancellation of an Agency’s subscription account:

• Cloud Administrative Metadata: Agency administrative metadata, billing records, and cloud authentication tokens stored within Google Cloud Platform (Toronto) will be permanently expunged from active production databases within ninety (90) days following termination, subject only to statutory Canadian tax and financial audit retention laws.
• Local Historical Case Files: All local .eis containers, mobile rescue packages (.eis_mobile), SQLite databases, and rolling backup archives stored on Agency hardware remain the sole property and custody of the Agency. The Software will automatically transition into a perpetual "read-only" state on licensed endpoints, allowing the Agency to inspect, export, print, and disclose historical evidence records indefinitely to satisfy common-law and provincial records retention directives.

12. Governing Law, Jurisdiction & Class Action Waiver

This EULA and any dispute, controversy, or claim arising out of or in connection with it shall be governed by, construed, and enforced in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Exclusive Venue: Each party irrevocably attorns to the exclusive personal jurisdiction of the provincial and federal courts located in Vancouver, British Columbia, Canada, for the resolution of any dispute or judicial proceeding arising under this EULA.

Waiver of Class Action Proceedings: To the maximum extent permitted by applicable Canadian law, the Agency agrees that any dispute or proceeding against In-Situ Software Solutions Inc. shall be conducted solely on an individual institutional basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The Agency explicitly waives any right to commence, participate in, or join any class action lawsuit against In-Situ Software Solutions Inc. under the Class Proceedings Act (British Columbia) or equivalent legislation in any other Canadian province or territory.