This End User License Agreement ("Agreement") is a legal agreement between you, either an individual or the entity you represent ("Customer," "you," or "your"), and Falcrex Systems Inc ("Falcrex," "we," "us," or "our") for the use of the EMP Intake software, including any related installer, updates, documentation, and associated services provided by Falcrex (collectively, the "Software").
By installing, copying, accessing, or using the Software, you agree to be bound by this Agreement. If you do not agree, do not install or use the Software. Software use is also governed by the EMP Intake Privacy Policy.
A convenience summary of what this Agreement below already says. The full Agreement governs.
Subject to your compliance with this Agreement and payment of any applicable fees, Falcrex grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use the Software for your internal business purposes in accordance with your purchased plan, license key, seat count, device count, subscription term, and applicable documentation.
Your right to use the Software may depend on the plan, edition, subscription, trial status, seat count, device count, or other license limits associated with your purchase or activation.
If the Software is provided on a trial, evaluation, beta, promotional, or limited basis, Falcrex may restrict features, impose time or usage limits, or terminate trial access at any time to the extent permitted by applicable law.
You may not exceed purchased or authorized license limits or use the Software outside the scope of the license granted.
The Software is licensed, not sold. Falcrex and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights. No ownership rights are transferred to you under this Agreement.
You may use the Software only:
Except as expressly permitted by applicable law or applicable third-party license terms, you may not:
You are solely responsible for all files, case records, evidence records, notes, comments, exports, and other data entered into, uploaded to, created by, or processed by the Software ("Customer Data").
You represent and warrant that you have all rights, permissions, and legal authority necessary to collect, use, store, analyze, export, and disclose Customer Data through the Software.
Falcrex does not acquire ownership of Customer Data. You remain responsible for:
Your use of the Software may involve the collection, storage, or processing of personal information or other sensitive data. Your use of the Software is also subject to the EMP Intake Privacy Policy, as updated from time to time.
In normal standalone use, most case records, files, metadata, and evidence managed within EMP Intake remain on your own device or storage environment unless you export, sync, submit, or share that data through a separate service or support process.
Falcrex does not routinely collect case data, evidence files, or investigative records through normal use of the Software. However, the Software may communicate with external services for limited purposes such as licensing, activation, subscription verification, updates, and map display. In EMP Intake WS, map views, Timeline Recon, and map exports may request OpenStreetMap-derived Protomaps data through a Falcrex-controlled map service using Cloudflare infrastructure. The Privacy Policy describes those requests. Current service information is maintained at https://empintake.com/trust and https://empintake.com/sub-processors.
You are responsible for providing any notices and obtaining any consents required under applicable law for your use of the Software and your handling of Customer Data.
Falcrex may provide patches, updates, upgrades, bug fixes, or feature changes. Some updates may be required for security, compatibility, licensing, or support purposes. Unless separate terms apply, updates are governed by this Agreement.
Falcrex does not guarantee that any particular feature will remain available forever.
The Software may include or interact with third-party software, libraries, codecs, runtimes, data sources, or services that are subject to separate license terms, notices, acknowledgements, attributions, or usage requirements. Those materials may be provided in the Software package, installer, documentation, website, or third-party notices file.
These third-party components or services may include, for example, Cloudflare infrastructure for the Falcrex-controlled map service using OpenStreetMap-derived Protomaps data, Cryptlex, FFmpeg, SQLite, Font Awesome, Electron, or other components used by the Software. Locally bundled components do not receive Customer Data merely because they are included in the Software.
Your use of third-party components or services is subject to the applicable third-party terms where required. Required notices or attributions for bundled or integrated third-party components may be provided in a separate THIRD-PARTY-NOTICES file distributed with the Software.
Nothing in this Agreement restricts rights granted under an applicable third-party license. If this Agreement conflicts with those terms, the third-party terms control solely for the applicable component.
For example, restrictions in section 5 do not prohibit reverse engineering for debugging modifications to an LGPL-covered component where the applicable LGPL license permits it.
Unless you have purchased a separate support or maintenance plan, Falcrex is not obligated to provide any particular level of support, maintenance, updates, or response times.
Any support provided by Falcrex is governed by the then-current support policy or any separate written agreement between you and Falcrex.
You must not send live case records, evidence files, or sensitive investigative materials through support channels unless Falcrex specifically requests them and you are legally authorized to share them.
EMP Intake is a software tool intended to assist with case intake, incident management, evidence organization, timeline building, mapping, reporting, and related workflows. It is not legal advice, not a law-enforcement authority, and not a substitute for professional judgment.
You are solely responsible for decisions, conclusions, investigative findings, employment actions, regulatory actions, disclosures, or legal actions made using or based on the Software or its outputs.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE." FALCREX DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, OR THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR REQUIREMENTS.
FALCREX DOES NOT WARRANT THAT THE SOFTWARE WILL PREVENT INCIDENTS, PRESERVE EVIDENCE IN A LEGALLY SUFFICIENT MANNER FOR EVERY USE CASE, OR SATISFY ANY SPECIFIC REGULATORY, COURT, EMPLOYMENT, OR CONTRACTUAL STANDARD.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FALCREX AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, DATA, EVIDENCE, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FALCREX'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SOFTWARE OR THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SOFTWARE, WHETHER TO FALCREX OR TO AN AUTHORIZED RESELLER SUCH AS PADDLE, DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Nothing in this Agreement limits or excludes either party's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, gross negligence, willful misconduct, or any other liability that cannot be limited or excluded under applicable law.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Your indemnity. You agree to defend, indemnify, and hold harmless Falcrex and its affiliates, officers, directors, employees, contractors, licensors, and suppliers from and against claims, losses, liabilities, damages, judgments, costs, and expenses, including reasonable legal fees, arising out of or related to:
Our indemnity. Falcrex will defend you against a third-party claim alleging that the Software, as provided by Falcrex and used in accordance with this Agreement, infringes that third party's copyright, trademark, or patent, and will pay damages finally awarded against you or agreed in settlement by Falcrex for that claim. This obligation applies only if you promptly notify Falcrex in writing of the claim, give Falcrex sole control of the defence and settlement, and provide reasonable cooperation. Falcrex's total liability under this paragraph is subject to the cap in Section 13.
This indemnity does not apply to claims arising from: Customer Data or other content you supply; modification of the Software by anyone other than Falcrex; combination of the Software with products, data, or services not supplied by Falcrex where the claim would not have arisen but for the combination; use of a version other than the most current supported version where the claim would have been avoided by using the current version; or use of the Software in breach of this Agreement or applicable law.
If the Software becomes, or Falcrex believes it may become, the subject of an infringement claim, Falcrex may at its option procure the right for you to continue using it, modify or replace it so it is non-infringing, or terminate the licence and refund the unused portion of fees paid for the affected term. This Section states Falcrex's entire liability and your exclusive remedy for third-party intellectual property infringement.
This Agreement begins when you first install or use the Software and continues until terminated.
Falcrex may suspend, revoke, or terminate this Agreement or your license if you violate this Agreement, fail to pay applicable fees, misuse the Software, or use invalid licensing credentials.
Upon termination, you must stop using the Software and destroy or uninstall all copies under your control, except to the extent retention is required by law.
Sections that by their nature should survive termination will survive, including ownership, restrictions, disclaimers, limitation of liability, indemnity, governing law, and audit/compliance provisions.
If the Software includes license activation or verification features, you agree not to interfere with them. Upon reasonable notice, Falcrex may request information reasonably necessary to verify compliance with your purchased seat, device, or plan limits.
The Software is a records, evidence-management, and reporting tool. It is not designed, tested, or licensed for use as a life-safety, emergency-dispatch, medical, or other system where failure, delay, or inaccuracy could lead to death, personal injury, or severe physical or environmental damage. You are responsible for maintaining independent procedures appropriate to any such environment.
You must comply with all applicable export control, import, and economic sanctions laws, including those of Canada and, where applicable, the United States and other jurisdictions. You represent that you are not located in, and are not a national of or controlled by a party in, a country or territory subject to comprehensive sanctions, and that you are not a person with whom dealing is prohibited under applicable sanctions law. You may not export, re-export, or otherwise make the Software available in violation of those laws, and you may not use the Software for any prohibited end use.
The Software is "commercial computer software" and the accompanying documentation is "commercial computer software documentation" as those terms are used in FAR 12.212 and DFARS 227.7202. If acquired by or on behalf of any United States federal government agency, the Software and documentation are provided with only those rights granted to all other end users under this Agreement, consistent with those regulations.
This Agreement is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law rules.
Before commencing proceedings, the parties will attempt in good faith to resolve any dispute arising out of or relating to this Agreement through informal discussion, beginning with written notice of the dispute to the other party. If the dispute is not resolved within thirty (30) days of that notice, either party may commence proceedings.
The parties submit to the exclusive jurisdiction of the courts located in British Columbia, Canada, unless applicable law requires otherwise. Nothing in this Section prevents either party from seeking injunctive or other equitable relief at any time.
Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable, that provision will be limited or severed to the minimum extent necessary and the remaining provisions will remain in full force and effect.
Assignment. You may not assign or transfer this Agreement or any rights under it, by operation of law or otherwise, without Falcrex's prior written consent, except to a successor of all or substantially all of your business or assets that is not a competitor of Falcrex. Falcrex may assign this Agreement to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Any attempted assignment in breach of this Section is void.
No waiver. A failure or delay in exercising any right under this Agreement is not a waiver of that right, and no single or partial exercise prevents any further exercise. A waiver is effective only if given in writing.
Notices. Falcrex may give notice to you by email to the address associated with your licence or account, or through the Software or the website. You must give notice to Falcrex in writing to support@falcrex.com. Notice is deemed given when sent, unless the sender receives an indication of delivery failure.
Force majeure. Neither party is liable for any failure or delay in performance (other than an obligation to pay) caused by events beyond its reasonable control, including natural disasters, epidemics, war, civil unrest, labour disputes, governmental action, utility or telecommunications failures, or failures of third-party services or infrastructure.
Anti-corruption. Each party will comply with applicable anti-bribery and anti-corruption laws, including the Corruption of Foreign Public Officials Act (Canada).
Independent parties. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between the parties.
Survival. Sections 3 (Ownership), 5 (Restrictions), 6 (Customer Data), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 14 (Indemnity), 16 (Audit and License Verification), 17 (Not for High-Risk Use), 18 (Export Control and Sanctions), 20 (Governing Law and Dispute Resolution), 21 (General), and 22 (Entire Agreement) survive termination or expiry of this Agreement.
This Agreement, together with the applicable order, license terms, support terms, the Privacy Policy, and any applicable third-party notices, constitutes the entire agreement between you and Falcrex regarding the Software and supersedes prior or contemporaneous discussions, proposals, or agreements on that subject.
Falcrex Systems Inc Vancouver, British Columbia, Canada
EMP Intake WS is a 14-day trial, no card, no sales call. Run a real case and see the integrity model for yourself.
