FREE SOFTWARE LICENSE NO. FMT-G01 

Version and date of the document : V1.0 of 17 Jun 2024

Others declaration:

FREEMINDTRONIC FREE SOFTWARE LICENSE

PREAMBLE

This License Agreement (“License”) governs the use of software made available free of charge by Freemindtronic, including but not limited to PassCypher HSM PGP, EviCypher, and any other free software extensions developed and published by Freemindtronic (collectively referred to as “the Software”). By downloading, installing, copying, or using the Software, you (“You”) agree to the terms of this License.

1. INTELLECTUAL PROPERTY RIGHTS

1.1 Copyrights: The Software, as a work of intellectual creation, is protected by national and international copyright laws. All intellectual property rights, including copyrights, patent rights, and trademarks related to the Software, are the exclusive property of Freemindtronic.

1.2 Patents: Certain elements of the Software are protected by patents held by Freemindtronic. These patented elements may only be used in accordance with the terms of this License. Any unauthorized use of these patented elements will constitute a violation of Freemindtronic’s patent rights, potentially resulting in legal action.

2. GRANT OF LICENSE

2.1 Limited License: Subject to your compliance with the terms of this License, Freemindtronic grants you a non-exclusive, non-transferable, and revocable license to use the Software for personal, non-commercial purposes on a single device. This license does not constitute a sale of the Software.

2.2 Restricted Use: You are not authorized to use the Software for commercial activities or for any purpose not expressly permitted by this License. You may not reproduce, distribute, modify, publicly display, publicly perform, transfer, create derivative works from, or otherwise use the Software in any manner not expressly authorized by Freemindtronic.

3. PROHIBITIONS

3.1 Reverse Engineering: You are expressly prohibited from decompiling, disassembling, or reverse engineering the Software, attempting to discover the source code or underlying algorithms, except as permitted by law.

3.2 Reproduction and Distribution: Any reproduction, distribution, or making available of the Software, in whole or in part, in any form, is strictly prohibited without the prior written consent of Freemindtronic.

3.3 Modification and Derivative Works: You are not authorized to modify the Software or to create derivative works based on the Software without the express permission of Freemindtronic.

4. REVOCATION AND TERMINATION

4.1 Revocation of License: Freemindtronic reserves the right to revoke this License at any time and for any reason, including but not limited to any violation of the provisions of this License.

4.2 Effect of Termination: Upon termination, you must immediately cease all use of the Software and destroy all copies of the Software in your possession. Termination does not affect Freemindtronic’s right to seek legal remedies in case of any violation.

5. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

5.1 Warranty Disclaimer: The Software is provided “as is” without any warranty of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

5.2 Limitation of Liability: Freemindtronic shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of profits, or service interruptions, even if Freemindtronic has been advised of the possibility of such damages. Notwithstanding the foregoing, in jurisdictions that do not allow the exclusion of liability for gross negligence or willful misconduct, Freemindtronic’s liability shall be limited to the maximum extent permitted by law.

6. DATA PROTECTION

6.1 Data Protection: Freemindtronic is committed to processing any personal data collected in connection with the use of the Software in accordance with GDPR and applicable national laws. The data collected will only be used for the purposes for which it was collected and will not be disclosed to third parties without the user’s explicit consent, except as required by law. The user has the right to access, rectify, or delete their personal data in accordance with the procedures described in Freemindtronic’s privacy policy.

7. ABSOLUTE ANONYMITY AND DONATIONS

7.1 Offline Operation and Anonymity: The Software operates without the need for servers, databases, or online connectivity, ensuring absolute end-to-end anonymity. There is no requirement to create an account or identify yourself in any way. The Software does not contain advertisements and functions entirely offline.

7.2 Donations: Although the Software is provided free of charge, users have the option to make donations. In such cases, the identity of the donor may become known, but only under these specific circumstances.

8. FORCE MAJEURE

8.1 Force Majeure: Freemindtronic shall not be held liable for any delay or failure to perform its obligations under this License if such delay or failure is due to a force majeure event, including but not limited to natural disasters, wars, acts of terrorism, riots, embargoes, government actions, infrastructure failures, or any other event beyond the reasonable control of Freemindtronic.

9. MONITORING AND UPDATES

9.1 Monitoring and Updates: Freemindtronic reserves the right to monitor the use of the Software to ensure compliance with this License. You agree to receive and install updates to the Software, including security updates, provided by Freemindtronic to ensure the proper functioning and security of the Software. Failure to comply with this requirement may result in the termination of your license.

10. MISCELLANEOUS

10.1 Entire Agreement: This License constitutes the entire agreement between you and Freemindtronic concerning the use of the Software and supersedes any prior agreements or communications regarding the subject matter.

10.2 Governing Law and Territoriality: This License is governed by and construed in accordance with the laws of the Principality of Andorra, except for mandatory provisions applicable in your country of residence. In such cases, the validity, interpretation, and enforcement of the relevant provisions will be governed by the mandatory local laws. All other provisions of this License will remain in full force and effect.

10.3 Severability: If any provision of this License is found to be invalid or unenforceable by a competent court, such provision will be enforced to the maximum extent permitted, and the remaining provisions will continue in full force and effect.

11. RETROACTIVE EFFECT AND VALIDITY

11.1 Effective Date and Retroactivity: This License is effective as of June 17, 2024, and applies retroactively to all Software published in beta or test versions.