Please scroll down to read and accept the terms of the agreement below:
Consistent with the policies of the FBI Operational Technology Division, Digital Evidence Section (DES), Forensic Support Unit (FSU), and the Computer Analysis Response Team (CART), your request for a copy of the ImageScan version 3.x software requires senior management approval. The purpose of this communication is to notify you that release of the requested software has been authorized by the Section Chief, DES, and approved by the CART Unit Chief, SSA Rick Voss. However, it is also DES's policy, upon advice of the FBI Office of General Counsel, to subject the disclosure of all such application software to several conditions as discussed below.
Attached as requested are the copies of ImageScan version 3.x. Given the evolutionary rate of software and hardware development, this software application constitutes the currently available version of the software, but, as I'm sure you know, software of this nature is a continual work in progress.
Accordingly, the accompanying material is being provided to you and your agency as a loan of law enforcement sensitive software subject to the following conditions:
1.The ImageScan version 3.x software shall remain the property of the FBI;
2.The ImageScan version 3.x software shall not be disclosed, circulated or disseminated outside of your agency, without the prior written approval of the FBI;
3.The ImageScan version 3.x software shall not be disclosed, circulated or disseminated in any form or electronic media within your agency without being first marked "Close Hold/Law Enforcement Sensitive - For Official Use Only by (name of receiving agency) - Not Releaseable Without Written Authorization of the FBI";
4.Upon submitting the form, the system will store the information submitted by the user in a local database on the RCFL.GOV web server. All data entry field values will be stored, along with the date and time the form was submitted AND the version of ImageScan and its accompanying NDA to which they are agreeing to be bound. NPO will then manually contact/confirm that each person who submits a form is, in fact, a valid IS-trained LE staffer. A copy of the latest version of IS on a CD will then be shipped to the LE staffer's agency address at our earliest opportunity. Shipments will only be made to official addresses and not to home addresses.
5.The accompanying ImageScan version 3.x software, and any derivative electronic or other copies you or any other person makes, shall remain the property of the FBI, and the FBI may, in its discretion, demand return of all such copies. The ImageScan version 3.x software is and shall be considered documentation relating to and disclosing sensitive investigative procedures. In the event that you or your agency receives a request pursuant to pertinent State, national or regional legislation (such as the Freedom of Information Act, 5 US Code § 552a, in the United States), civil or criminal discovery process, or other judicial process to disclose the ImageScan version 3.x software, or any portion thereof, you shall telephonically (Primary: SSA Rick Voss, 703-985-1302; Alternate; FE Peter Hammer, 410-684-2357), as well as in writing, notify the FBI sufficiently in advance of disclosing the same to allow the FBI a timely opportunity, to intervene any applicable proceedings to block disclosure, and/or demand return of all copies;
6.Notwithstanding the loan of the ImageScan version 3.x software, absent a follow-on MOU, the FBI is under no obligation to provide notice of any revisions or changes to the application software to you and/or your agency, and;
7.There are neither any express nor implied warranties by the FBI relating to or flowing from the process[s] delineated in the ImageScan version 3.x software. In receiving this application software, you understand and agree that if you or your agency adopt this application software for use consistent with the purpose for which it was develop and consistent with the purpose for which it is being provide to your agency, you and your agency remain responsible for independently verifying the functionality of the application software and, on behalf of your agency, you agree that your agency shall hold harmless and indemnify the FBI against any claim arising from your use of the ImageScan version 3.x software;
Your acceptance of the accompanying ImageScan version 3.x software shall constitute acceptance of the above conditions. If the above conditions are unacceptable, kindly return the materials immediately.
If we can be of any further assistance, please do not hesitate to contact us.
Sincerely,
Thomas Gregory Motta
Section Chief
Digital Evidence Section
Operational Technology Division
Do you accept the terms of the agreement?
Yes, I ACCEPT the terms. I will provide my mailing address for shipment of ImageScan 3.x on the next screen.
No, I DO NOT ACCEPT the terms. I understand that I will NOT receive ImageScan version 3.x.