PrivMX Freeware License

This license agreement is a binding agreement concluded between the licensor (Simplito with its registered office in Amsterdam, The Kingdom of Netherlands, KVK number: 76690830; hereinafter referred to as: we, us, PrivMX) and every entity which uses, installs or downloads PrivMX Free Desktop App or PrivMX Free TeamServer Software (hereinafter collectively referred to as PrivMX Software). PrivMX Software contains work that is protected by copyright law and PrivMX is the owner of these rights. Therefore, this license provisions apply to every natural or legal person (hereinafter: you, user) that downloads, uses or installs PrivMX Software. If you install or use PrivMX Software in any way, you accept provisions of these license agreement and you are obliged to act accordingly to these provisions. If you do not accept these provisions, you are not entitled to use PrivMX Software and you should delete it immediately.

We grant you this license in order for you to:

  1. use PrivMX Software by hosting PrivMX Server within your infrastructure,
  2. use PrivMX Software in order to connect to a PrivMX TeamServer.

These license provisions apply to all versions of PrivMX Software, as well as to any updates, upgrades or modifications made by PrivMX.

The license is granted all over the world, non-exclusively, at no charge, for an indefinite period of time.

We hereby state that the rights concerning PrivMX Software, including intellectual property rights are owned by us and we are entitled to enter into a license agreement between us and an entity or person that may use PrivMX Software. We also use external libraries or frameworks and we hereby state that we are allowed to distribute and use them within PrivMX Software, according to their separate licenses. Performing provisions of this license agreement, and using PrivMX Software will not lead to violation of any rights or assets of third parties, including any intellectual property rights or any provisions of agreements concluded between us and third parties.

Any property rights to PrivMX Software and any other rights connected with PrivMX Software remain in the ownership of PrivMX.

As a user of PrivMX Software, you are entitled to:

  • install PrivMX Software on your devices such as personal computers, mobile devices and your server infrastructure,
  • use PrivMX Software to conduct your business or personal activities, statutory activities, activities undertaken as a non-governmental organization, especially in order to communicate with your employees, clients, co-workers, providers, business partners, as well as communicate with your friends or family.

PrivMX Software and its modifications may be distributed solely by us. As a user of PrivMX Software, you are not allowed to:

  • lease, license, distribute, upload into public repositories (e.g. GitHub or any other similar platform), copy for resale, modify, use to create any other software or share PrivMX Software as well as any materials and rights related to PrivMX Software, unless it is explicitly permitted by law and only within limits of such permission,
  • make any changes, corrections, modifications to PrivMX Software and any materials and rights related to PrivMX Software (including all adaptations and copies),
  • provide PrivMX Software hosting services for other entities.

The law of The Kingdom of the Netherlands shall apply to the provisions of this license. All disputes related to the provisions of this license agreement will be settled by the common courts competent for the Service Provider's seat.

Unless required by applicable law or agreed to in writing, PrivMX provides PrivMX Software on an "as is" basis, without warranties or any other obligations of any kind, either expressed or implied, including, without limitation, any warranties or guarantees concerning proper performance of the application. You are solely responsible for determining the appropriateness of using PrivMX Software and assume any risks associated with your exercise of permissions under this license.

Our liability for any damages connected with the use of PrivMX Software is excluded to the maximum extent allowed by applicable law. This also means exclusion of liability for any bugs or errors within PrivMX Software. Consequently, in no event shall PrivMX be liable to you for any damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of using PrivMX Software (including but not limited to damages for loss of goodwill, lost benefits, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if PrivMX was informed about the possibility of such damages.

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