Is using a nulled theme/plugin blackhat?

So far from what I've read established sites argue against nulled themes because of the risks of malware & viruses, however from what I've seen @Festinger seems to have an amazing reputation so it looks like using his vault would be safe in regards to this.

But my question is: Can google, when they crawl your page, see if you've used a nulled theme and penalize you if they find out? Or is there no way for them to tell wether you used a nulled theme/plugin?

I want to stay whitehat purely and I'm hesitant because I don't want to be penalized.

Their is no way google can see it and google don't care about it....

@Festinger purchases his stuff, and then makes it free for us others find it from net and forward it, so the difference is his code his clean and safe to use. No google cannot find anything about your theme