FTK Imager - accepted in courts?

I have used FTK Imager on criminal cases a number of times, as well as other software tools like EnCase etc. Yes it's free, but it is recognised among Forensic professionals and at the end of the day does the job it is set out to do - to create forensic images of storage media devices, to preserve the integrity of case evidence. Hashing provides a mathematical validation that a forensic image exactly matches the contents of the original computer.

The main thing to keep in mind is that the examiner (that's you!) is ultimately responsible for the choice of tools they use. If you verify that the tool works as described, and can explain that in court, then YOUR use of the tool will be accepted.

I remember hearing about a case in Australia where a perfectly good, and widely used commercial forensic tool (that shall remain nameless) was "not accepted by the court" - not because the tool was flawed, but because the person using it was unable to explain a critical part of the process they used it for.

Remember, there's no such thing as a "court approved tool".

This is a seriously concerning statement.

[…] but as it is a free software we are not sur [sic] that the proof collected through FTK Imager it will be accepted by the courts. […]

(my emphasis)

Why would something free not be valid? If AccessData gave my a free license would that invalidate the tool?

I suspect this has to do more with F/OSS (Free Open Source Software) than "free".

There are several "free" (F/OSS) built-in parts to AccessData, Guidance Software and X-Ways. Does that invalidate the tool in court?

If I write a script, and it function as prescribed, by its very nature of being "free", would it be accepted in court?

My company used to be a Accessdata reseller, we have asked AD directly about the right to use FTK imager. And the answer from them is, FTK imager is free for FTK user. It means you need to have FTK to order to enjoy the free usage of FTK imager. This is rather tricky but often an ignored fact to the forensic community.

My company used to be a Accessdata reseller, we have asked AD directly about the right to use FTK imager. And the answer from them is, FTK imager is free for FTK user. It means you need to have FTK to order to enjoy the free usage of FTK imager. This is rather tricky but often an ignored fact to the forensic community.

I beg your pardon? ?

@Danalex99
The point here is that a tool to image an hard disk has not that much possibilities, it either manages to make a forensic sound image (and the hash is verified through any number of different tools) or it does not.
If it does, it is acceptable and has to be accepted, if it doesn't it is not acceptable and hence cannot be accepted.

The algorithm "addition" is verified if you give to it 2 and 2 and the result is 4, i.e. any algorithm that once fed with 2 and 2 makes 4 is acceptable.

jaclaz

My company used to be a Accessdata reseller, we have asked AD directly about the right to use FTK imager. And the answer from them is, FTK imager is free for FTK user. It means you need to have FTK to order to enjoy the free usage of FTK imager. This is rather tricky but often an ignored fact to the forensic community.

This claim certainly peaked my interest. I must admit I don't typically read EULAs in detail (or at all), but the lack of any messages making this claim on their website while you download FTK Imager seems to suggest this is simply not the case.

I did, however, dig out the EULA from the FTK Imager installer, and after reading it I am none the wiser (I feel like I may have even lost a few IQ points!). I also found it interesting to note that neither FTK Imager lite, or the command line versions of FTK Imager are distributed with any form of licence agreement.

It is displayed when installing. I see no mention of requirement to purchase anything. As a matter of fact, this appears to be a very generic shrink-wrap license.

END-USER LICENSE AGREEMENT FOR ACCESSDATA SOFTWARE
IMPORTANT-READ CAREFULLY
This End-User License Agreement (“EULA”) is a legal agreement between End User (“Licensee”) (either an individual or a single legal or juridical entity) and AccessData Group, LLC (“AccessData”) for the AccessData software that accompanies this EULA, which includes associated media and AccessData Internet based services (“Software”). An amendment or addendum to this EULA may accompany the Software. LICENSEE AGREES TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE SOFTWARE. IF LICENSEE DOES NOT AGREE, DOES NOT INSTALL, COPY, OR USE THE SOFTWARE; LICENSEE MAY RETURN IT TO LICENSEE’S PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.
THIS SOFTWARE LICENSE ("EULA") ALLOWS THE LICENSEE TO USE THE SOFTWARE MEDIA ("MEDIA") AND ACCOMPANYING USER DOCUMENTATION ("DOCUMENTATION") CONTAINED IN THIS PACKAGE. THIS EULA BETWEEN LICENSEE AND ACCESSDATA, INCLUDING ITS SUCCESSORS OR ASSIGNS (REFERRED TO COLLECTIVELY AS "LICENSOR"), SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
LICENSE GRANT. Licensor hereby grants to Licensee, and Licensee accept, a non-exclusive license to use the Media, including the research and investigation Software contained therein, or downloaded or received via a network if no Media is provided, in object-code only form and Documentation, only as authorized in this EULA. If Licensee has purchased a Single-User License, Licensee may install and use the Software on up to four (4) machines for processing use only and should be limited to use by one (1) Licensee. If Licensee has purchased a Multi-User License, Licensee may install the software on the number of computers Licensee chooses for Licensee organization’s use and allow use of the Software subject and pursuant to the number of concurrent user licenses Licensee has purchased. Licensee is prohibited from sharing the Software with a third party who is not subject to the terms of this EULA. If this product does not contain license manager technology, then Licensee may install the Software on the number of computers and allow use of the Software according to the number of users for which Licensee or Licensee’s organization is licensed. Licensee may install or use the Software on a distributed or multi-user computer system, such as a local area or wide area network, or multi-user accessible computer, subject and pursuant to the number of concurrent user licenses Licensee has purchased. Except as specifically provided above for use in a network environment, a license for the Software may not be shared or used concurrently. Licensee may not permit any device to use the Software or the Software’s user interface unless the device has a separate license for the Software.
The Software may be used only on computers owned, leased, or otherwise controlled by Licensee; or, in the event of the inoperability of those systems, on a backup system selected by Licensee. Licensee agrees that Licensee will not assign, sublicense, transfer, pledge, lease, rent, or share Licensee’s rights under this EULA. Any purported assignment of any rights hereunder shall be void. Upon loading the Software into Licensee’s system, Licensee may retain the media for backup purposes. In addition, Licensee may make one copy of the Software on a second set of media solely for the purpose of backup in the event that the original media is damaged or destroyed. Any such copy of the Software shall be subject to all terms and conditions of this EULA and shall include Licensor’s copyright and other proprietary notices. Except as authorized under this paragraph, no copies of the Software or any portions thereof may be made by Licensee or any person under Licensee’s authority or control.
Should Licensee download or otherwise receive a digital copy of the Software and/or documentation, and then be provided with the Software and/or documentation in tangible media form, Licensee acknowledges that use of the Software and documentation is still subject to the conditions of this EULA.
CONSOLIDATION OF LICENSES. Consolidation of multiple single-user licenses, multiple multi-user licenses, or a combination of both under one consolidated multi-user license may be possible under certain circumstances and in Licensor’s sole discretion. Consolidated licenses are subject to the restrictions on multi-user licenses contained herein. If the serial number of any single-user or multi-user Software is covered by or merged into a new consolidated license, then Licensee’s rights to use that single-user or multi-user Software under this EULA is replaced, terminated, and superseded by Licensee’s rights to use the consolidated Software. Licensee then no longer has the right to use any single-user or multi-user Software having a serial number covered by the consolidated license.
AUTHORIZED USERS. The Software may be used by all employees of Licensee’s organization at facilities governed by Licensee. Licensee will use commercially reasonable efforts to restrict network or any other access to the Software by anyone outside of Licensee’s organization who is not authorized to use the Software. If Licensee is an educational institution, the Software may only be used by Licensee’s enrolled students, faculty, teaching assistants and administrators on Licensee institution’s computers. Temporary employees, contractors, and consultants of Licensee’s organization who work on-site at Licensee’s facility may also use the Software so long as such temporary employees, contractors and consultants or their computers are included in the total number of licenses purchased by Licensee. Any copies of the Software used by temporary employees, contractors and consultants must be removed from such individual's computers once they cease working at Licensee’s facilities.
LICENSE GRANT FOR DOCUMENTATION. The documentation that accompanies the Software is licensed for internal, non-commercial, reference purposes only. The documentation shall not be copied or published without prior written approval of Licensor.
LICENSOR’S RIGHTS. Licensee acknowledges and agrees that the Software consists of proprietary, published and unpublished property of Licensor, protected under United States copyright law and trade secret laws, international treaties and conventions, and other national and international laws of general applicability respecting intellectual property rights. Licensee further acknowledges and agrees that all right, title, interest, and other intellectual property rights in and to the Software are and shall remain with Licensor. This EULA does not convey to Licensee an interest in or to the Software, but only a limited right of use revocable in accordance with the terms of this EULA. The Software is licensed, not sold, and the use of the word “purchase” with respect to licenses granted herein refers to license fees for such use. This EULA does not grant Licensee any rights to trademarks or service marks of AccessData. AccessData reserves all rights not expressly granted to Licensee in this EULA.
LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. Licensee may not reverse engineer, decompile, or disassemble the Software or create any derivative work based on the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
NO RENTAL/COMMERCIAL HOSTING. Licensee may not rent, lease, lend, or provide commercial hosting services with the Software or use the Software in a service bureau capacity.
PRE-PRODUCTION SOFTWARE. As an accommodation to Licensee, Licensor may supply Licensee with or allow access to pre-production releases of the Software (which may be labeled "Alpha" or "Beta" or otherwise identified as pre-production versions). Pre-production releases of the Software are provided “AS-IS”; are not covered by any warranty, express or implied; and are not intended for production use. Pre-production releases of the Software are provided without additional charge for demonstration and trial use purposes only and may expire automatically at the end of a pre-determined trial period or upon notice from Licensor.
LICENSE FEES. The license fees paid by Licensee are paid in consideration of the licenses granted under this EULA.
SOFTWARE INSTALLATION. It shall be Licensee’s sole responsibility to install and make operational the Software on Licensee’s system. In the event Licensee needs installation assistance, such services may be available from Licensor at an additional cost to Licensee.
TERM. This EULA is effective upon Licensee’s breaking of any of the seals on the package containing the Software or by the download, installation or use of the Software, and shall continue until terminated as provided herein or by operation of law. Licensee may terminate this EULA at any time by returning the entire Software, including the Media, Software and Documentation, and other paraphernalia and all copies thereof and extracts therefrom, to Licensor and by erasing all copies of the software that may be located on any systems owned or controlled by Licensee or upon which Licensee know a copy of the Software has been placed. Licensor may terminate this EULA upon the breach by Licensee of any term hereof. Upon such termination by Licensor, Licensee agrees to immediately return to Licensor the entire Software, including the Media, Software and Documentation, and all copies thereof and extracts therefrom, and to erase all copies of the Software that may be located on any systems owned or controlled by Licensee or upon which Licensee know a copy of the Software has been placed.
EXPORT RESTRICTIONS. Licensee acknowledges that the Software is subject to the export control laws and regulations of the United States of American and other countries. Licensee agree to comply with all applicable national and international laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
LIMITED WARRANTY. Licensor warrants, for Licensee’s benefit alone, that the Media in which the Software is embedded shall, for a period of sixty (60) days from the date of Licensee’s purchase of the Software (referred to as the "Warranty Period"), be free from defects in material and workmanship. Licensor further warrants, for Licensee’s benefit alone, that during the Warranty Period the software shall operate substantially in accordance with the Documentation. If, during the Warranty Period, a defect in the Software media or Software appears, Licensee may return the Software to Licensor personally or by mail to
AccessData, 384 South 400 West, Suite 200, Lindon, Utah 84042, with written instructions for replacement.
EXCLUSIVE REMEDY. LICENSEE AGREE THAT THE FOREGOING CONSTITUTES LICENSEE’S SOLE AND EXCLUSIVE REMEDY FOR BREACH BY LICENSOR OF ANY WARRANTIES MADE UNDER THIS EULA. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE MEDIA, SOFTWARE, AND DOCUMENTATION ARE LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
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INFRINGEMENT INDEMNITY. Licensor shall indemnify and defend Licensee from and against third party claims against Licensee that the Software infringes or misappropriates any patent, trademark, trade secret, copyright or other proprietary right of such third party, provided that Licensee give Licensor (i) written notice of any such claim, action or demand within ten (10) business days of Licensee’s knowledge thereof; (ii) control of the defense and settlement thereof; and (iii) reasonable assistance in such defense or settlement (for which Licensor will pay reasonable out-of-pocket expenses). If any Software becomes or, in Licensor’s opinion, is likely to become the subject of any injunction preventing use as contemplated herein, Licensor may, at its option, (a) procure for Licensee the right to continue using such Software, (b) replace or modify such Software so that it becomes non-infringing without substantially compromising its functionality, or, if (a) and (b) are not reasonably available to Licensor, then © terminate Licensee’s license to the allegedly infringing Software and refund a portion of the License Fees prorated on a monthly basis over a period of three (3) years from the effective date of the EULA.
The foregoing obligation of Licensor does not apply with respect to (1) any products not supplied by Licensor, (2) Software which is modified after delivery by Licensor, if the alleged infringement relates to such modification, (3) Software combined with other products, processes or materials where the alleged infringement relates to such combination, (4) Software where Licensee continues the allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (5) any information or data stored by Licensee, and in each case, Licensee shall defend and indemnify Licensor from and against such claims subject to the same conditions noted above. THE FOREGOING STATES THE ENTIRE LIABILITY OF LICENSOR WITH RESPECT TO INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER INTELLECTUAL PROPERTY RIGHTS BY THE SOFTWARE OR ANY PART THEREOF OR BY THEIR OPERATION.
CONFIDENTIALITY. By virtue of this EULA, the parties may have access to information that is confidential to one another ("Confidential Information"). Confidential Information includes, without limitation, the Software, Documentation, the terms and pricing under this Agreement and all information clearly identified as confidential or reasonably deemed to be confidential based on the circumstances and industry practices.
A party's Confidential Information shall not include information that (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; © is lawfully disclosed to the other party by a third party without restriction on disclosure; or (d) is independently developed by the other party.
The parties agree to hold each other's Confidential Information in confidence during the term of this Agreement and thereafter. The parties agree, unless required by law, not to make each other's Confidential Information available in any form to any third party for any purpose other than the implementation of this Agreement. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement. Each party agrees that remedies at law may not be adequate to protect the rights of the other party under this Section and that a non-breaching party may seek injunctive or other equitable relief to enforce such rights.
INDEMNIFICATION. Licensee accepts full legal responsibility for all research and investigations performed through Licensee’s use of the Software. Licensee agrees to hold harmless and indemnify Licensor for any and all demands, claims, legal action and damages, including all attorney’s fees and costs, against Licensor, which arise out of Licensee’s use of the Software. In any legal action regarding the indemnification contained the EULA, the prevailing party shall be entitled to recover from the non-prevailing party all of its attorney’s fees and costs.
GOVERNING LAW. This EULA shall be construed and governed in accordance with the laws of the State of Utah without regard to provisions relating to conflicts of laws. Any dispute arising out of or with respect to this EULA between Licensee and Licensor shall be solely adjudicated by the competent Federal or State court situated in Salt Lake City, Utah. Licensee and Licensor consent to the venue and jurisdiction of such court for purposes of any such dispute. Each Party hereby waives any right to a jury trial in any dispute between them. The Parties agree that the United Nations convention on the international sale of goods shall not apply to this EULA. Licensee agrees to abide by the terms of any international, national, or local laws and regulations that apply to Licensee’s use of the Software including, without limitation, laws respecting data privacy and individually identifiable information.
SEVERABILITY. Should any court of competent jurisdiction declare any term of this EULA void or unenforceable, such declaration shall have no effect on the remaining terms hereof.
NO WAIVER. The failure of either Licensee or Licensor to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breach.
ENTIRE AGREEMENT. This EULA contains the entire understanding of the parties relating to the subject matter contained herein and supersedes all prior agreements and understandings, written or oral, relating to the subject matter hereof. This EULA may not be modified or amended except by written agreement signed by both parties.

It is displayed when installing. I see no mention of requirement to purchase anything. As a matter of fact, this appears to be a very generic shrink-wrap license.

END-USER LICENSE AGREEMENT FOR ACCESSDATA SOFTWARE
IMPORTANT-READ CAREFULLY
This End-User License Agreement (“EULA”) is a legal agreement between End User (“Licensee”) (either an individual or a single legal or juridical entity) and AccessData Group, LLC (“AccessData”) for the AccessData software that accompanies this EULA, which includes associated media and AccessData Internet based services (“Software”). An amendment or addendum to this EULA may accompany the Software. LICENSEE AGREES TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE SOFTWARE. IF LICENSEE DOES NOT AGREE, DOES NOT INSTALL, COPY, OR USE THE SOFTWARE; LICENSEE MAY RETURN IT TO LICENSEE’S PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.
THIS SOFTWARE LICENSE ("EULA") ALLOWS THE LICENSEE TO USE THE SOFTWARE MEDIA ("MEDIA") AND ACCOMPANYING USER DOCUMENTATION ("DOCUMENTATION") CONTAINED IN THIS PACKAGE. THIS EULA BETWEEN LICENSEE AND ACCESSDATA, INCLUDING ITS SUCCESSORS OR ASSIGNS (REFERRED TO COLLECTIVELY AS "LICENSOR"), SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
LICENSE GRANT. Licensor hereby grants to Licensee, and Licensee accept, a non-exclusive license to use the Media, including the research and investigation Software contained therein, or downloaded or received via a network if no Media is provided, in object-code only form and Documentation, only as authorized in this EULA. If Licensee has purchased a Single-User License, Licensee may install and use the Software on up to four (4) machines for processing use only and should be limited to use by one (1) Licensee. If Licensee has purchased a Multi-User License, Licensee may install the software on the number of computers Licensee chooses for Licensee organization’s use and allow use of the Software subject and pursuant to the number of concurrent user licenses Licensee has purchased. Licensee is prohibited from sharing the Software with a third party who is not subject to the terms of this EULA. If this product does not contain license manager technology, then Licensee may install the Software on the number of computers and allow use of the Software according to the number of users for which Licensee or Licensee’s organization is licensed. Licensee may install or use the Software on a distributed or multi-user computer system, such as a local area or wide area network, or multi-user accessible computer, subject and pursuant to the number of concurrent user licenses Licensee has purchased. Except as specifically provided above for use in a network environment, a license for the Software may not be shared or used concurrently. Licensee may not permit any device to use the Software or the Software’s user interface unless the device has a separate license for the Software.
The Software may be used only on computers owned, leased, or otherwise controlled by Licensee; or, in the event of the inoperability of those systems, on a backup system selected by Licensee. Licensee agrees that Licensee will not assign, sublicense, transfer, pledge, lease, rent, or share Licensee’s rights under this EULA. Any purported assignment of any rights hereunder shall be void. Upon loading the Software into Licensee’s system, Licensee may retain the media for backup purposes. In addition, Licensee may make one copy of the Software on a second set of media solely for the purpose of backup in the event that the original media is damaged or destroyed. Any such copy of the Software shall be subject to all terms and conditions of this EULA and shall include Licensor’s copyright and other proprietary notices. Except as authorized under this paragraph, no copies of the Software or any portions thereof may be made by Licensee or any person under Licensee’s authority or control.
Should Licensee download or otherwise receive a digital copy of the Software and/or documentation, and then be provided with the Software and/or documentation in tangible media form, Licensee acknowledges that use of the Software and documentation is still subject to the conditions of this EULA.
CONSOLIDATION OF LICENSES. Consolidation of multiple single-user licenses, multiple multi-user licenses, or a combination of both under one consolidated multi-user license may be possible under certain circumstances and in Licensor’s sole discretion. Consolidated licenses are subject to the restrictions on multi-user licenses contained herein. If the serial number of any single-user or multi-user Software is covered by or merged into a new consolidated license, then Licensee’s rights to use that single-user or multi-user Software under this EULA is replaced, terminated, and superseded by Licensee’s rights to use the consolidated Software. Licensee then no longer has the right to use any single-user or multi-user Software having a serial number covered by the consolidated license.
AUTHORIZED USERS. The Software may be used by all employees of Licensee’s organization at facilities governed by Licensee. Licensee will use commercially reasonable efforts to restrict network or any other access to the Software by anyone outside of Licensee’s organization who is not authorized to use the Software. If Licensee is an educational institution, the Software may only be used by Licensee’s enrolled students, faculty, teaching assistants and administrators on Licensee institution’s computers. Temporary employees, contractors, and consultants of Licensee’s organization who work on-site at Licensee’s facility may also use the Software so long as such temporary employees, contractors and consultants or their computers are included in the total number of licenses purchased by Licensee. Any copies of the Software used by temporary employees, contractors and consultants must be removed from such individual's computers once they cease working at Licensee’s facilities.
LICENSE GRANT FOR DOCUMENTATION. The documentation that accompanies the Software is licensed for internal, non-commercial, reference purposes only. The documentation shall not be copied or published without prior written approval of Licensor.
LICENSOR’S RIGHTS. Licensee acknowledges and agrees that the Software consists of proprietary, published and unpublished property of Licensor, protected under United States copyright law and trade secret laws, international treaties and conventions, and other national and international laws of general applicability respecting intellectual property rights. Licensee further acknowledges and agrees that all right, title, interest, and other intellectual property rights in and to the Software are and shall remain with Licensor. This EULA does not convey to Licensee an interest in or to the Software, but only a limited right of use revocable in accordance with the terms of this EULA. The Software is licensed, not sold, and the use of the word “purchase” with respect to licenses granted herein refers to license fees for such use. This EULA does not grant Licensee any rights to trademarks or service marks of AccessData. AccessData reserves all rights not expressly granted to Licensee in this EULA.
LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. Licensee may not reverse engineer, decompile, or disassemble the Software or create any derivative work based on the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
NO RENTAL/COMMERCIAL HOSTING. Licensee may not rent, lease, lend, or provide commercial hosting services with the Software or use the Software in a service bureau capacity.
PRE-PRODUCTION SOFTWARE. As an accommodation to Licensee, Licensor may supply Licensee with or allow access to pre-production releases of the Software (which may be labeled "Alpha" or "Beta" or otherwise identified as pre-production versions). Pre-production releases of the Software are provided “AS-IS”; are not covered by any warranty, express or implied; and are not intended for production use. Pre-production releases of the Software are provided without additional charge for demonstration and trial use purposes only and may expire automatically at the end of a pre-determined trial period or upon notice from Licensor.
LICENSE FEES. The license fees paid by Licensee are paid in consideration of the licenses granted under this EULA.
SOFTWARE INSTALLATION. It shall be Licensee’s sole responsibility to install and make operational the Software on Licensee’s system. In the event Licensee needs installation assistance, such services may be available from Licensor at an additional cost to Licensee.
TERM. This EULA is effective upon Licensee’s breaking of any of the seals on the package containing the Software or by the download, installation or use of the Software, and shall continue until terminated as provided herein or by operation of law. Licensee may terminate this EULA at any time by returning the entire Software, including the Media, Software and Documentation, and other paraphernalia and all copies thereof and extracts therefrom, to Licensor and by erasing all copies of the software that may be located on any systems owned or controlled by Licensee or upon which Licensee know a copy of the Software has been placed. Licensor may terminate this EULA upon the breach by Licensee of any term hereof. Upon such termination by Licensor, Licensee agrees to immediately return to Licensor the entire Software, including the Media, Software and Documentation, and all copies thereof and extracts therefrom, and to erase all copies of the Software that may be located on any systems owned or controlled by Licensee or upon which Licensee know a copy of the Software has been placed.
EXPORT RESTRICTIONS. Licensee acknowledges that the Software is subject to the export control laws and regulations of the United States of American and other countries. Licensee agree to comply with all applicable national and international laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
LIMITED WARRANTY. Licensor warrants, for Licensee’s benefit alone, that the Media in which the Software is embedded shall, for a period of sixty (60) days from the date of Licensee’s purchase of the Software (referred to as the "Warranty Period"), be free from defects in material and workmanship. Licensor further warrants, for Licensee’s benefit alone, that during the Warranty Period the software shall operate substantially in accordance with the Documentation. If, during the Warranty Period, a defect in the Software media or Software appears, Licensee may return the Software to Licensor personally or by mail to
AccessData, 384 South 400 West, Suite 200, Lindon, Utah 84042, with written instructions for replacement.
EXCLUSIVE REMEDY. LICENSEE AGREE THAT THE FOREGOING CONSTITUTES LICENSEE’S SOLE AND EXCLUSIVE REMEDY FOR BREACH BY LICENSOR OF ANY WARRANTIES MADE UNDER THIS EULA. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE MEDIA, SOFTWARE, AND DOCUMENTATION ARE LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY. LICENSOR’S CUMULATIVE LIABILITY TO LICENSEE OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS EULA OR THE USE OF THE SOFTWARE SHALL BE LIMITED TO REPLACEMENT OF THE SOFTWARE AND, IN ANY EVENT, SHALL NOT EXCEED THE LICENSE FEE PAID TO LICENSOR FOR THE USE OF THE SOFTWARE PRORATED ON A MONTHLY BASIS OVER A PERIOD OF THREE (3) YEARS FROM THE EFFECTIVE DATE OF THE EULA. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS OR ANY SIMILAR CLAIMS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INFRINGEMENT INDEMNITY. Licensor shall indemnify and defend Licensee from and against third party claims against Licensee that the Software infringes or misappropriates any patent, trademark, trade secret, copyright or other proprietary right of such third party, provided that Licensee give Licensor (i) written notice of any such claim, action or demand within ten (10) business days of Licensee’s knowledge thereof; (ii) control of the defense and settlement thereof; and (iii) reasonable assistance in such defense or settlement (for which Licensor will pay reasonable out-of-pocket expenses). If any Software becomes or, in Licensor’s opinion, is likely to become the subject of any injunction preventing use as contemplated herein, Licensor may, at its option, (a) procure for Licensee the right to continue using such Software, (b) replace or modify such Software so that it becomes non-infringing without substantially compromising its functionality, or, if (a) and (b) are not reasonably available to Licensor, then © terminate Licensee’s license to the allegedly infringing Software and refund a portion of the License Fees prorated on a monthly basis over a period of three (3) years from the effective date of the EULA.
The foregoing obligation of Licensor does not apply with respect to (1) any products not supplied by Licensor, (2) Software which is modified after delivery by Licensor, if the alleged infringement relates to such modification, (3) Software combined with other products, processes or materials where the alleged infringement relates to such combination, (4) Software where Licensee continues the allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (5) any information or data stored by Licensee, and in each case, Licensee shall defend and indemnify Licensor from and against such claims subject to the same conditions noted above. THE FOREGOING STATES THE ENTIRE LIABILITY OF LICENSOR WITH RESPECT TO INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER INTELLECTUAL PROPERTY RIGHTS BY THE SOFTWARE OR ANY PART THEREOF OR BY THEIR OPERATION.
CONFIDENTIALITY. By virtue of this EULA, the parties may have access to information that is confidential to one another ("Confidential Information"). Confidential Information includes, without limitation, the Software, Documentation, the terms and pricing under this Agreement and all information clearly identified as confidential or reasonably deemed to be confidential based on the circumstances and industry practices.
A party's Confidential Information shall not include information that (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; © is lawfully disclosed to the other party by a third party without restriction on disclosure; or (d) is independently developed by the other party.
The parties agree to hold each other's Confidential Information in confidence during the term of this Agreement and thereafter. The parties agree, unless required by law, not to make each other's Confidential Information available in any form to any third party for any purpose other than the implementation of this Agreement. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement. Each party agrees that remedies at law may not be adequate to protect the rights of the other party under this Section and that a non-breaching party may seek injunctive or other equitable relief to enforce such rights.
INDEMNIFICATION. Licensee accepts full legal responsibility for all research and investigations performed through Licensee’s use of the Software. Licensee agrees to hold harmless and indemnify Licensor for any and all demands, claims, legal action and damages, including all attorney’s fees and costs, against Licensor, which arise out of Licensee’s use of the Software. In any legal action regarding the indemnification contained the EULA, the prevailing party shall be entitled to recover from the non-prevailing party all of its attorney’s fees and costs.
GOVERNING LAW. This EULA shall be construed and governed in accordance with the laws of the State of Utah without regard to provisions relating to conflicts of laws. Any dispute arising out of or with respect to this EULA between Licensee and Licensor shall be solely adjudicated by the competent Federal or State court situated in Salt Lake City, Utah. Licensee and Licensor consent to the venue and jurisdiction of such court for purposes of any such dispute. Each Party hereby waives any right to a jury trial in any dispute between them. The Parties agree that the United Nations convention on the international sale of goods shall not apply to this EULA. Licensee agrees to abide by the terms of any international, national, or local laws and regulations that apply to Licensee’s use of the Software including, without limitation, laws respecting data privacy and individually identifiable information.
SEVERABILITY. Should any court of competent jurisdiction declare any term of this EULA void or unenforceable, such declaration shall have no effect on the remaining terms hereof.
NO WAIVER. The failure of either Licensee or Licensor to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breach.
ENTIRE AGREEMENT. This EULA contains the entire understanding of the parties relating to the subject matter contained herein and supersedes all prior agreements and understandings, written or oral, relating to the subject matter hereof. This EULA may not be modified or amended except by written agreement signed by both parties.

This seems to be a very generic EULA, not a product specific EULA. But if you look at this part, who is the Licensee and who are authorized users? And another question, can you claim yourself the Licensee at the time you download the installation file from accessdata.com.

AUTHORIZED USERS. The Software may be used by all employees of Licensee’s organization at facilities governed by Licensee.

But as I said before, I dont work for AD and I dont speak for AD. I just tell what I knew.

My company used to be a Accessdata reseller, we have asked AD directly about the right to use FTK imager. And the answer from them is, FTK imager is free for FTK user. It means you need to have FTK to order to enjoy the free usage of FTK imager. This is rather tricky but often an ignored fact to the forensic community.

This claim certainly peaked my interest. I must admit I don't typically read EULAs in detail (or at all), but the lack of any messages making this claim on their website while you download FTK Imager seems to suggest this is simply not the case.

I did, however, dig out the EULA from the FTK Imager installer, and after reading it I am none the wiser (I feel like I may have even lost a few IQ points!). I also found it interesting to note that neither FTK Imager lite, or the command line versions of FTK Imager are distributed with any form of licence agreement.

you are absolutely right, we was unable to find any clue before and thats why we have to ask for official answer from AD years ago.