This License Agreement (the “Agreement”), effective as of the date of your first use of the Software (the “Effective Date”), governs the use of the “EviCert™” technology (hereinafter “the Software”), a secure PKI software for sovereign X.509 digital certificate generation and management, developed by Freemindtronic® (hereinafter “the Licensor”), a company based in the Principality of Andorra.

EviCert™ is a technology by Freemindtronic®, which can be integrated into various commercial software, including notably CertyGuard™ from Freemindtronic, commercialized by Fullsecure Andorra. This secure PKI software is designed for the sovereign generation, signing, installation, and management of self-signed TLS/SSL certificates, for local, IoT, or air-gapped use, without reliance on a public certificate authority. It enables the implementation of an autonomous PKI infrastructure. This secure PKI software natively integrates the patented Hybrid Segmented Key Authentication technology, combining cryptographic software fragmentation of the private key and secure hardware storage via exclusive Freemindtronic® hardware modules.

IMPORTANT: By using this secure PKI software, installing it, accessing it, integrating it as a subsystem into another product (such as CertyGuard™), or activating any of its features, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, you must not use the Software and must uninstall or delete it immediately.

1. Grant of License and Terms of Use

The Licensor hereby grants you a non-exclusive, non-transferable, non-sublicensable, and revocable license to use this secure PKI software, EviCert™ Software (version 1.0.0 and later, unless otherwise specified), subject to the following conditions:

  • Terms of Use: The use of the Software is subject to the terms of this Agreement. For personal, academic, or non-commercial professional uses, a free use license for this secure PKI software may be granted upon reasoned request to Freemindtronic®.
  • Integration as a Subsystem: The integration of the Software or its components into other products as a subsystem is authorized subject to an appropriate license from Freemindtronic®. In such cases, the original attribution to Freemindtronic® and the mention of the presence of EviCert™ technology must be clearly and visibly maintained in the user interface or documentation of the product integrating EviCert™. This license fully applies to such use of the Software as a subsystem.
  • General Restrictions: It is strictly prohibited to modify, adapt, translate, reverse engineer, decompile, disassemble, create derivative works based on the Software, or attempt to obtain the source code by any other means. Any reproduction, redistribution, rental, lending, leasing, sale, or commercial transfer of the Software (except for integrations under specific license), in any form whatsoever, is also prohibited without the prior written consent of Freemindtronic®.
  • Key Software Features: This secure PKI software enables sovereign generation of TLS/SSL certificates with self-signed Root Authority in ECDSA P-256 (TLS 1.3), multi-name server certificates (SAN), customizable validity, local generation of a complete trust chain, cross-platform installation of the CA root in system stores, and functions of the standalone CLI executable evirelay.exe (such as --gen-cert and --install-ca).
  • Specific Conditions for Patented Technology – Hybrid Segmented Key Authentication: The Hybrid Segmented Key Authentication technology integrated into the Software (including, but not limited to, specific functions or the activation of compartmental cryptographic management, encompassing software private key fragmentation, secure hardware storage, and controlled conditional reconstitution) is covered by the Patents and subject to distinct and specific licensing conditions.
    • Activation and Commercial Use: The activation or use of the Hybrid Segmented Key Authentication technology (e.g., via the --segmented function or any other compartmental cryptographic management routine), whether for protection against private key exfiltration, unauthorized use, replay, or bypass, requires a specific commercial license for this patented technology. This specific license is separate from this license for the standard features of the Software.
    • Exclusive Hardware Integration: The use of Hybrid Segmented Key Authentication technology is exclusively reserved for Freemindtronic NFC HSM™ and Freemindtronic PGP HSM™ hardware devices. Any attempt to interconnect or use this technology with third-party hardware not expressly authorized in writing by Freemindtronic® is formally prohibited and constitutes patent infringement.
    • For any clarification or acquisition of the specific license for Hybrid Segmented Key Authentication technology, please contact Freemindtronic®.

2. Intellectual Property and Patent Protection

The EviCert™ Software and all its components (including, but not limited to, source code, user interfaces, designs, trademarks, logos, and associated documentation) are the exclusive property of Freemindtronic® and are protected by copyright laws, international copyright treaties, and other intellectual property laws. The “EviCert™” trademark is the property of Freemindtronic®.

Furthermore, this secure PKI software integrates and implements the Hybrid Segmented Key Authentication technology, protected by one or more issued patents and/or published patent applications worldwide. It is essential to understand that:

  • The patents and patent applications protecting the Hybrid Segmented Key Authentication technology include, but are not limited to, the following numbers:
    • Issued Patents:
      • France: FR3063365
      • South Korea: KR1020190120317
      • China: CN104042440
      • Europe (Unitary Patent/validated): EP3586258
      • Japan: JP2020508533
      • United States: US20210136579
      • Spain: ES2962886
      • United Kingdom: GB3586258
    • Pending Application:
      • Algeria: DZ/DLP/2019/000460
  • To ensure proper notice of patent rights worldwide, and particularly in the United States (in accordance with 35 U.S.C. § 287), this secure PKI software and/or its associated documentation (including packaging) display or may display the specific patent numbers applicable in the various jurisdictions of issuance.
  • Any unauthorized reproduction, modification, reuse, exploitation, distribution, or use of the technology covered by the Patents, whether through the use of the Software integrating this functionality (including activation of the --segmented function), its interfacing with its internal components (key generation, encryption routines, CA installation to bypass patented protections), its integration as a subsystem for commercial purposes, or any other means, is strictly prohibited without an express and distinct license from Freemindtronic® for said patented technology.
  • Any unauthorized use of the Patents, including any attempt to interface with third-party hardware not authorized by Freemindtronic®, will constitute infringement, entitling Freemindtronic® to pursue all available legal actions to enforce its patent rights in all jurisdictions where the Patents are valid and applicable, against any person or entity that infringes upon these rights.

3. Disclaimer of Warranty and Limitation of Liability

The Software is provided “as is” and “as available,” without any express or implied warranty of any kind, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, absence of defects, accuracy, or reliability. Freemindtronic® does not warrant that this secure PKI software will operate without interruption or error.

To the fullest extent permitted by applicable law, Freemindtronic® disclaims all liability for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, loss of profits, loss of data, business interruption, computer damage, or reputational harm, arising out of the use or inability to use the Software, even if Freemindtronic® has been advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Software is to cease its use.

4. Indemnification

You agree to indemnify, defend, and hold harmless Freemindtronic®, its affiliates, officers, directors, employees, and agents, from and against all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to your use or misuse of the Software, your breach of this Agreement, or your violation of any third-party rights, including, without limitation, intellectual property rights.

5. Termination

This Agreement will terminate automatically and without notice upon any breach of its provisions by the user. Upon termination, the user agrees to immediately delete all copies of the Software in their possession or control, including backup copies. All provisions of this Agreement which, by their nature, should survive termination (including, but not limited to, sections on Intellectual Property, Disclaimer of Warranty, Indemnification, Governing Law, and Jurisdiction) shall survive the termination of this Agreement.

6. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Principality of Andorra, without regard to its conflict of laws principles.

Any dispute, controversy, or claim arising out of or relating to this Agreement, including its validity, interpretation, performance, or termination, shall be submitted to the exclusive jurisdiction of the courts of the Principality of Andorra. The parties irrevocably acknowledge the jurisdiction of these courts and waive any objection based on venue or forum non conveniens.

7. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement shall remain in full force and effect. The parties will endeavor to replace the invalid provision with a valid provision that best achieves the economic intent of the invalid provision.

8. Entire Agreement

This Agreement constitutes the entire agreement between you and Freemindtronic® regarding the use of the Software and supersedes all prior or contemporaneous communications, proposals, and agreements, whether oral or written, relating to its subject matter.

9. Assignment

You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of Freemindtronic®. Any attempted assignment or transfer without such consent shall be null and void. The Licensor may freely assign or transfer its rights and obligations under this Agreement.

10. Non-Waiver

The failure of Freemindtronic® to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of Freemindtronic®.

11. Compliance with Legislation

You agree to comply with all applicable laws and regulations regarding your use of the Software, including, but not limited to, export control laws and economic sanctions.

12. Updates, Upgrades, and Post-Quantum Evolution

The Licensor may, at its sole discretion, provide updates or upgrades to the Software. Such updates and upgrades may include bug fixes, feature enhancements, or new versions. These license terms shall apply to all updates and upgrades, unless a specific license accompanies them. The Licensor does not guarantee the provision of future updates or upgrades.

As part of technological evolution, the Licensor commits to integrating stable post-quantum cryptographic algorithms (or future equivalents) into future updates and upgrades of this secure PKI software. Licensees holding a valid license for this secure PKI software at the time of integration of these critical technologies will receive these updates without additional license costs specifically related to this post-quantum transition, subject to the general update or maintenance terms of their license.

13. Personal Data Protection

The Licensor commits to processing any personal data collected via the Software or in relation to its use in accordance with its privacy policy (available at https://freemindtronic.com/legal-information/privacy-policy/) and applicable data protection laws, including, but not limited to, the Andorran Qualified Law on Personal Data Protection and the European Union’s General Data Protection Regulation (GDPR) where relevant.

14. Third-Party and Open Source Software

The Software may include third-party software components or code, including open-source licensed software. Such third-party components are governed by their respective license terms, which are available in [Insert location of third-party licenses, e.g., the “NOTICE” or “LICENSES” file included with the Software, or a link to a dedicated web page]. To the extent that the third-party license terms provide rights that supersede those of this Agreement, the third-party terms shall prevail for those specific components.

15. Prohibited Use

You may not use the Software in any manner that is unlawful, fraudulent, abusive, harassing, defamatory, obscene, or otherwise objectionable, as determined by the Licensor in its sole discretion. You may not use the Software to send unsolicited communications (“spam”) or for any activities that could damage, disable, overburden, or impair the Software or connected networks.

16. Contact

For any inquiries regarding obtaining a use license (including free for non-commercial uses upon reasoned request), a commercial license for the patented technology, or any other questions related to this Agreement, please contact: Contact – Freemindtronic.