Dual Use Product Technology License Agreement
Version and date of the document : V1.0 of 30/03/2023
Others declaration:
- Terms and Conditions
- Privacy Policy
- Privacy Policy Source Code
- Legal Information
- Cookies Policy
- SNCL license for EviToken
- Licence OEM IHV ISV Single user
- Dual Use Product Technology License Agreement
- End User License Agreement (EULA)
- Privacy licence EviDNS ZeroConf
- Right of withdrawal
- CE Declaration of conformity
- RoHS Declaration of Conformance
- FCC Declaration of Conformity
- WEEE/2012/19/EU
- Lifetime-warranty
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PRODUCT OR TECHNOLOGY. BY USING THE PRODUCT OR TECHNOLOGY, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE PRODUCT OR TECHNOLOGY.
This license agreement (“Agreement”) governs the use of the product/technology designated below (“Product/Technology”) and the rights granted for the use of such Product/Technology designed, developed and manufactured by Freemindtronic SL in the Principality of Andorra. Freemindtronic’s products and services are also protected by international patents granted or in the process of being granted.
1. Legal Use
Licensee represents and warrants that the Product/Technology will be used only for lawful purposes and will not be diverted for prohibited military purposes or nuclear, biological or chemical proliferation.
2. Intellectual property
The licensee acknowledges that Freemindtronic’s products and services are protected by international patents granted or in the process of being granted. Licensee agrees to respect such intellectual property rights and not to use the Product/Technology in any manner that could infringe such rights.
3. Export and Use Restrictions
Licensee acknowledges that the Product/Technology may be subject to export and use restrictions in accordance with applicable export control regulations, including with respect to encryption products. The licensee is responsible for complying with all applicable export control laws, rules and regulations.
4. Responsibilities of the licensee
Licensee is responsible for informing all parties involved in the use of the Product/Technology of the terms of this license and ensuring that they comply with them. In the event of a breach of any provision of this license, Licensee may be denied future access to the Product/Technology and may be liable for the consequences arising from such violation.
5. Penalties for violations
In the event of Licensee’s breach of the terms set forth in this Agreement, Freemindtronic reserves the right to pursue all available legal remedies, including but not limited to immediate termination of this Agreement, loss of access to the Product/Technology and/or damages.
6. Confidentiality obligations
Licensee agrees to protect confidential information related to the Product/Technology and not to disclose it to third parties without prior written permission. Licensee shall take all reasonable steps to protect such confidential information from unauthorized disclosure.
7. Warranties and Exclusions
Freemindtronic does not warrant that the Product/Technology will be free from errors or defects. Freemindtronic excludes any liability for damages resulting directly or indirectly from the use of the Product/Technology.
8. Entire Agreement
This Agreement constitutes the entire agreement between the parties and may only be modified or cancelled in writing and signed by all parties.
9. Restrictions on Use of Encryption
Products Licensee acknowledges that the use of encryption products may be subject to significant restrictions in certain countries, including the United States and other countries. Licensee is responsible for complying with all laws and regulations applicable to the use and export of encryption products in all countries where the Product/Technology will be used.
10. Resources for more information On international regulations regarding encryption products and services that may be considered dual-use products, Licensee may visit the following websites:
- Global Partners Digital: https://www.gp-digital.org/world-map-of-encryption/
- Information Security Office: https://informationsecurity.princeton.edu/encryption/encryption-and-internatio
- Bureau of Industry and Security (BIS): https://www.bis.doc.gov/index.php/policy-guidance/encryption
- U.S. Department of Commerce website: https://www.commerce.gov/page/bureau-industry-and-security-bis
- Website of the French Ministry of Foreign Affairs: https://www.diplomatie.gouv.fr/fr/politique-etrangere-de-la-france/desarmement-et-non-proliferation/
In Europe, the European Union controls the export, transit, brokering and technical assistance of dual-use items under Regulation (EU) 2021/821. In the United States, the Bureau of Industry and Security (BIS) of the Department of Commerce regulates the export of commercial and technological products under the Export Administration Regulations (EAR). If you hold a dual-use licensing agreement, you must provide cryptographic BDU-specific documents to the UDS as part of export permit applications. A copy of the documents issued by ANSSI is required. The supplier is therefore obliged to make a copy of these documents available to exporters.
11. Reminder of the licensee’s responsibilities:
- Comply with all applicable laws, rules and regulations regarding export control and the use of encryption products in all countries where the Product/Technology will be used.
- Inform all parties involved in the use of the Product/Technology of the terms of this license and ensure that they comply with them.
- Guarantee that the Product/Technology will be used only for lawful purposes and will not be used for prohibited military purposes or nuclear, biological or chemical proliferation.
- Comply with applicable export and use restrictions, including encryption products.
- Accept the conditions set forth in this agreement by clicking on the “Accept” button present at the launch of computer software by Freemindtronic.
It is important that Licensee complies with all terms of the Agreement, as in the event of a breach of any of these provisions, Licensee may lose future access to the Product/Technology and be held liable for the consequences arising from such breach. Licensee should inquire about applicable regulations in the countries where it intends to use or export the Product/Technology to ensure that it complies with all applicable laws and regulations.
In Europe, the European Union controls the export, transit, brokering and technical assistance of dual-use items under Regulation (EU) 2021/821. In the United States, the Bureau of Industry and Security (BIS) of the Department of Commerce regulates the export of commercial and technological products under the Export Administration Regulations (EAR). You may need a license to export dual-use products limited to encryption. In France, the Dual-Use Property Service (SBDU) is the competent licensing authority. For the export of a means of cryptology from the France, the formalities with ANSSI must have been completed prior to the application for a license.