An interesting predicament

Matt Berther bio photo By Matt Berther Comment

I'm in a bit of an interesting predicament and am wondering what my legal obligations are. A little background:

Several months ago, an e-commerce site that I purchased from had its database compromised and my wife's company card was used for a fraudulent purchase which was fulfilled through digitalriver.com. The site was very quick with communication and all charges were reversed. We've suffered no financial burden whatsoever. What we did get was a CD in the mail fulfilling the "purchase" from digitalriver.com.

As of yet, I have not opened the media. However, it's nagging at me somewhat. It turns out that this is a piece of software I would like to use. I am just not sure whether I am legally allowed to use the media that was sent to me. The reason for this uncertainty is due to the vendor of this software having already received proceeds for the fraudulent "sale". Do they need to be paid again?

Does anyone in the blogsphere have thoughts or advice on this? I'm just not sure what I can do with this.