PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE CARDOKEY™ PRODUCT OR TECHNOLOGY. BY USING THE CARDOKEY™ 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 CARDOKEY™ PRODUCT OR TECHNOLOGY.

This license agreement (“Agreement”) governs the use of the Cardokey™ product/technology designated below (“Cardokey™ Product/Technology”) and the rights granted for the use of such Cardokey™ Product/Technology designed, developed, and edited by Freemindtronic SL in the Principality of Andorra. Freemindtronic’s products and services, including Cardokey™, are also protected by international patents granted or in the process of being granted.

1. Introduction

This End User License Agreement (EULA) is a legal agreement between the user and Freemindtronic regarding the use of Cardokey™. By using Cardokey™, you agree to be bound by the terms and conditions of this agreement.

2. Definitions

The following terms shall have the following meaning in this End User License Agreement (EULA):
• Services: Freemindtronic’s products and services, including Cardokey™ software and NFC HSM devices (Near Field Communication Hardware Security Module);
• Technology: Freemindtronic’s technologies and patents related to the Services, including Cardokey™ technology.

3. Legal Use

Licensee represents and warrants that the Cardokey™ Product/Technology will be used only for lawful purposes and will not be diverted for prohibited military purposes or nuclear, biological, or chemical proliferation.

4. Use of Services

By using Cardokey™, you agree not to use Cardokey™ for illegal or unauthorized purposes or to violate the laws of your jurisdiction by using Cardokey™. You also agree not to copy, modify, distribute, sell, or rent Cardokey™ without Freemindtronic’s written permission.

5. License and Type of License

The user agrees that this is a non-exclusive and non-transferable license for Cardokey™. Among the Services offered by Freemindtronic, whether for professional or private use, to use solutions involving Cardokey™ for secure operations, verification methods are freely available to the user via computer software. Except for computer software that involves Freemindtronic’s prior express written agreement, NFC HSM devices used with Cardokey™ can be resold after a factory default reset, permanently erasing all access to encrypted data stored in EEPROM memory. This reset, emptying the NFC device’s memories, allows their transfer to a new user. A black box integrated into the NFC HSM allows verification of this factory reset.

6. Intellectual Property

The licensee acknowledges that all global intellectual rights in Cardokey™ belong to Freemindtronic and are licensed (not sold) to you, and that you have no rights in the Technology other than the right to use such technology in accordance with the General Terms of Use as described in this End User License Agreement (EULA).
You have also been made aware that products and services, including Cardokey™, are also protected by international patents granted and pending. Patent references are notified on Freemindtronic’s website: https://freemindtronic.com/support/patents

7. Export and Use Restrictions

Licensee acknowledges that the Cardokey™ 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.

8. User Commitments

By using Cardokey™, you agree to comply with applicable laws and regulations as well as the terms and conditions of this End User License Agreement (EULA).

9. Limitation of Liability

Freemindtronic shall in no event be liable for any direct or indirect damages resulting from the use or inability to use Cardokey™, including damages related to loss of data or profits, business interruption, or any other financial or commercial loss, even if Freemindtronic has been informed of the possibility of such damages.

10. Modifications and Termination of the End User License Agreement (EULA)

Freemindtronic reserves the right to modify the terms and conditions of this End User License Agreement (EULA) at any time. In this case, Freemindtronic will update the most recent version of the EULA on its website. If you continue to use Cardokey™ after the publication of modifications, this means that you accept the modified terms and conditions. Freemindtronic may also terminate this agreement at any time in case of breach by you of the terms and conditions of the agreement. In case of breach of any provision of this license, Licensee may be denied future access to the Cardokey™ Product/Technology and may be liable for the consequences arising from such breach.

11. Penalties for violations

In case 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 Cardokey™ Product/Technology, and/or damages.

12. Confidentiality obligations

Licensee agrees to protect confidential information related to the Cardokey™ 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.

13. Warranties and Exclusions

Freemindtronic does not warrant that the Cardokey™ Product/Technology will be free from errors or defects. Freemindtronic excludes any liability for damages resulting directly or indirectly from the use of the Cardokey™ Product/Technology.

14. 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.

15. Restrictions on Use of Encryption Products

Licensee acknowledges that the use of encryption products, including those within Cardokey™, 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 Cardokey™ Product/Technology will be used.

16. 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/bureaus-and-offices/bis
• Website of the French Ministry of Foreign Affairs: https://www.diplomatie.gouv.fr/en/french-foreign-policy/disarmament-and-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.

17. Reminder of licensee’s responsibilities

Comply with all applicable laws, rules, and regulations regarding export control and use of encryption products in all countries where the Cardokey™ Product/Technology will be used.

Inform all parties involved in the use of the Cardokey™ Product/Technology of the terms of this license and ensure that they comply with them.
Guarantee that the Cardokey™ Product/Technology will be used only for lawful purposes and will not be used for prohibited military purposes or nuclear, biological, or chemical proliferation.

18. Comply with applicable export and use restrictions, including encryption products.

Accept the conditions set forth in this agreement by the appropriate action indicating acceptance when using Cardokey™ software or technology.
It is important that Licensee complies with all terms of this Agreement, as in case of breach of any of these provisions, Licensee may lose future access to the Cardokey™ Product/Technology and be held liable for the consequences arising from such breach. Licensee should inquire about applicable regulations in countries where it intends to use or export Cardokey™ Product/Technology to ensure compliance 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 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 France, formalities with ANSSI must have been completed prior to application for a license.