SIMCAM FREEWARE LICENSE

Version 1.0, effective as of April 21, 2026

IMPORTANT! READ CAREFULLY: 

THIS IS A LEGAL AGREEMENT. BY CLICKING ON THE “I AGREE” (OR SIMILAR) BUTTON THAT IS PRESENTED TO YOU AT THE TIME OF PURCHASE, OR BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR DEVICE, OR OTHERWISE USING SOFTWARE MANSION SOFTWARE, SUPPORT, OR PRODUCTS, YOU BECOME A PARTY TO THIS AGREEMENT, YOU DECLARE YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT, AND YOU CONSENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH BELOW.

Software Mansion and Customer may each also be referred to individually as a “Party” or jointly as the “Parties”.

  1. PARTIES 

    a. “Customer” or “you” means the individual specified in the Subscription Confirmation who is at least 13 years old. For the avoidance of doubt, Customer any natural person or legal entity, including companies and organizations, who subscribes to the products or services offered.

    b. “Software Mansion” or “we” means: Software Mansion S.A., a joint stock company with its principal place of business at ul. Zabłocie 43b, 30-701 Kraków, Poland, entered in the register of businesses conducted by the District Court in Kraków for Kraków-Śródmieście, XI Commercial Division of the National Court Register with KRS number 0000961952, NIP 6793131302, REGON 364909814.

  2. DEFINITIONS

    2.1 “Affiliate” means, with respect to any Party, any entity that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of such Party; “control” for such purposes means the possession, direct or indirect, of the power to direct or affect the direction of the management and policies of a person or entity, whether through the ownership of voting securities, by contract, or otherwise.

    2.2.  “Agreement” means SimCam Freeware License.

    2.3. “Machine” means a computing device used by Customer for running the Product.

    2.4. “Product” means the SimCam application for macOS created by Software Mansion, intended for mass distribution (“Software Mansion SimCam”). Software Mansion does not develop Products according to Customer’s specifications, nor are Products customized through modification or personalization.

    2.5. “Freeware” specifies the Freeware License terms and Products provided to Customer.

    2.6. “Supported Environment” means the specific versions of third-party operating systems, platforms, and software dependencies (including, but not limited to, specific versions of Apple macOS and iOS Simulator) on which the Product is designed to operate, as explicitly specified in the Product documentation or on the Product’s website at the time of the Product’s or update’s release.

  1. GRANT OF RIGHTS

    3.1. The Product is provided to Customer, for non-commercial use on a ‘per seat’ basis, where Customer may deploy the Product on a single Machine in accordance with the Product documentation, provided that Customer remains the sole user of the Product. The License is portable. Customer may deactivate the Product on the current Machine and redeploy it to a different Machine, provided that the Product is not used on more than one Machine simultaneously.

    3.2. Unless this Agreement is terminated in accordance with Section 9, and subject to the terms and conditions specified in this Agreement, Software Mansion grants you the non-exclusive and non-transferable right to use each Product covered by this Freeware License as stipulated below:

    3.3. You may:

    • 3.3.1. install and use any version of the Product covered by the Subscription on a single Machine strictly within the Supported Environment

    3.4. You may not:

    • 3.4.1. allow the same Freeware to be used concurrently by another user apart from yourself;

    • 3.4.2. rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Product;

    • 3.4.3. provide a third party with access to the Product, or the right to use the Product;

    • 3.4.4. reverse engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source code of, the Product;

    • 3.4.5. remove or obscure any proprietary or other notices contained in the Product; or

    • 3.4.6. use the Product for any commercial purposes or in a commercial environment without obtaining a separate commercial license

    3.5. You acknowledge that no ownership rights are conveyed to you, irrespective of the use of terms such as ‘purchase’ or ‘sale’. Software Mansion has and retains all rights, title, and interest, including all intellectual property rights, in and to the Products, any and all related or underlying technology, and any modifications or derivative works of the Products, including without limitation as they may incorporate Feedback (as defined below).

    3.6. You acknowledge that the perpetual nature of the license applies solely to the version of the Product acquired and strictly within its corresponding Supported Environment. Software Mansion has no obligation to ensure the Product remains functional if the Customer updates their Machine, operating systems, or third-party software (such as macOS or iOS Simulator) beyond the Supported Environment.

  1. ACCESS TO PRODUCTS

    4.1. All deliveries under this Agreement will be electronic. You must have an Internet connection in order to access the Product and receive any deliveries. You are responsible for downloading and installing the Products.

    4.2. You may activate and access Product by downloading the Product at https://simcam.swmansion.com

  2. FEEDBACK

You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, or publicly perform the Feedback in any manner without any obligation, royalty, or restriction based on intellectual property rights or otherwise.

  1. THIRD-PARTY SOFTWARE

The Products include code and libraries licensed to us by third parties, including open source software (“Third-Party Software”). A list of Third-Party Software included in each Product is available in the respective Product documentation. All Third-Party Software is provided to You under the respective terms stipulated in the Product documentation.

  1. WARRANTY LIMITATIONS

    7.1. ALL PRODUCTS ARE PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK.

    7.2. SOFTWARE MANSION MAKES NO WARRANTY AS TO THE PRODUCTS’ USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE MANSION (AND ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, AND EMPLOYEES), ITS LICENSORS, SUPPLIERS (INCLUDING THE PROVIDERS OF THIRD PARTY SOFTWARE), AND RESELLERS (COLLECTIVELY HEREUNDER, “SOFTWARE MANSION PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT) WITH REGARD TO THE PRODUCTS AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.

    7.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE MANSION DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) ARE ACCURATE, RELIABLE, OR CORRECT; (B) WILL MEET ANY CUSTOMER REQUIREMENTS; (C) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; (D) ARE FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; AND/OR (E) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    7.4. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS ARE DOWNLOADED AT CUSTOMER’S OWN RISK; CUSTOMER AGREES IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY AND/OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

    7.5. CUSTOMER MAY HAVE OTHER RIGHTS WHICH MAY NOT BE LIMITED OR EXCLUDED AND WHICH MAY VARY FROM JURISDICTION TO JURISDICTION. THIS DOCUMENT IS NOT INTENDED TO NEGATIVELY AFFECT SUCH RIGHTS.

    7.6. SOFTWARE MANSION EXPRESSLY DISCLAIMS ANY OBLIGATION, WARRANTY, OR LIABILITY REGARDING THE COMPATIBILITY OF THE PRODUCT WITH FUTURE VERSIONS OF THIRD-PARTY OPERATING SYSTEMS, PLATFORMS, OR DEPENDENCIES (INCLUDING, WITHOUT LIMITATION, FUTURE RELEASES OF APPLE MACOS AND IOS SIMULATOR). THE PRODUCT IS LICENSED TO OPERATE SOLELY WITHIN THE SPECIFIC SUPPORTED ENVIRONMENT DOCUMENTED AT THE TIME OF PURCHASE OR RELEASE. ANY UPDATES, UPGRADES, OR MODIFICATIONS TO THE CUSTOMER’S MACHINE, OPERATING SYSTEM, OR THIRD-PARTY SOFTWARE MAY RENDER THE PRODUCT INOPERABLE. IN SUCH EVENT, SOFTWARE MANSION BEARS NO LIABILITY TO PROVIDE A FIX, UPDATE, OR REFUND. WHILE SOFTWARE MANSION MAY, AT ITS SOLE DISCRETION, ATTEMPT TO PROVIDE SUPPORT FOR NEWER THIRD-PARTY RELEASES TO CUSTOMERS WITH AN ACTIVE UPDATE SUBSCRIPTION, SUCH SUPPORT IS NOT GUARANTEED.

  2. LIMITATION OF LIABILITY

THE USE OF THE PRODUCT DURING THE FREEWARE SHALL BE ENTIRELY AT THE CUSTOMER’S OWN RISK AND SOFTWARE MANSION SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER.

Software Mansion also disclaims all liability regarding:

  • The manner in which the user utilizes the Product.

  • The security of data and devices connected through the Product.

  • Any damages, losses, or breaches arising from the use of the Product.

IN NO EVENT SHALL SOFTWARE MANSION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE PRODUCT, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF SOFTWARE MANSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SOFTWARE MANSION IS TO CEASE USE OF THE PRODUCT.

  1. TERM AND TERMINATION

    9.1. The term of this Agreement will commence upon the first download of the Product by Customer.

    9.2. The product distributed under the Freeware License is available in a limited-functionality version and does not include all features present in the full software editions. This license provides a basic scope of use, with certain restrictions on functionality. To gain access to extended capabilities and the complete feature set, the user is required to purchase the offered commercial license. The Freeware license is intended for non-commercial use of the Product. 

    9.3. Software Mansion may terminate this Agreement if:

    • 9.3.1. Customer has materially breached this Agreement;

    • 9.3.2. Software Mansion is required to do so by law (for example, where the provision of the Product to Customer is, or becomes, unlawful); or

    • 9.3.3. Software Mansion elects to discontinue providing the Product, in whole or in part.

    9.4. Upon termination of this Agreement, Customer shall cease all use of the Product.

    9.5. Survival. Upon the expiration or termination of this Agreement, Sections 3, 5, 7, 8, 11 and 12 of this Agreement survive. 

  1. TEMPORARY SUSPENSION

Software Mansion reserves the right to suspend Customer’s access to Software Mansion Products if Customer’s use of Product is in violation of this Agreement or disrupts or imminently threatens the security, integrity, or availability of a Product.

  1. EXPORT REGULATIONS

Customer must comply with all applicable laws and regulations with regard to economic sanctions, export controls, import regulations, restrictive measures, and trade embargoes (all herein referred to as “Sanctions”), including those of the European Union and United States. Customer declares and warrants that it is not a person targeted by Sanctions nor is it otherwise acting on behalf of any entity or person targeted by Sanctions. Customer agrees that it will not download or otherwise export or re-export the Product or any related technical data directly or indirectly to any person targeted by Sanctions or download or otherwise use the Product for any end-use prohibited or restricted by Sanctions.

  1. GENERAL

    12.1. Entire Agreement. The following documents are part of (‘incorporated into’) this Agreement: the Software Mansion SimCam Privacy Policy, available at https://simcam./legal/privacy-policy. Together, these documents form the entire agreement and replace any previous agreement between you and us in relation to its subject matter. Except as expressly mentioned, this Agreement does not apply or give rights to anyone else (‘no third-party beneficiaries’). No purchase order, Customer terms, or other document that purports to modify or supplement this Agreement will vary the terms of this Agreement unless signed by Customer and Software Mansion.

    12.2. Reservation of Rights. Software Mansion reserves the right at any time to cease its support of the Product and to alter prices, features, specifications, capabilities, functions, terms of use, release dates, general availability, and other characteristics of the Product. Nothing in this Agreement limits any rights a consumer may have under applicable consumer protection laws.

    12.3. Changes to this Agreement. The Agreement can be updated from time to time, to reflect changes in the Product and the Freeware.

    • 12.3.1. If this happens, we will update the terms on the Software Mansion website and let you know either:

      • 12.3.1.1. by displaying them to you in the Product; or

      • 12.3.1.2. by sending the updated version to the email address used.

    • 12.3.2. Any updated Agreement will start (‘be effective’) on the date specified in the updated Agreement. By continuing to use the Product after the effective date you agree to be bound by the modified Agreement.

    12.4. Opportunity to Review. You declare that you have had sufficient opportunity to review this Agreement, understand the content of all of its sections, negotiate its terms, and seek independent professional legal advice before entering into it. Consequently, any statutory “form contract” (“adhesion contract”) regulations shall not be applicable to this Agreement.

    12.5. Severability. If a particular term of this Agreement is not enforceable, the unenforceability of that term will not affect any other terms of this Agreement.

    12.6. Interpretation. Headings and titles are for convenience only and do not affect the interpretation of this Agreement. Terms such as “including” are not exhaustive.

    12.7. No Waiver. Our failure to enforce or exercise any part of this Agreement is not a waiver of that section.

    12.8. Governing Law. This Agreement is governed by the laws of Poland, without reference to conflict of laws principles and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods. The Parties to the agreement constituted by this Agreement undertake to use best commercial efforts to amicably settle any disputes arising hereunder (“Dispute”).

    12.9. Dispute Resolution. Should the Parties to this Agreement fail to settle a Dispute amicably, the Dispute will be decided by the courts having general jurisdiction over Software Mansion; if you are a consumer, we both agree that any Dispute-related litigation may only be brought in, and shall be subject to the jurisdiction of, any competent court of Poland, unless provided otherwise by applicable consumer law. Consumer Disputes can also be settled out of court through the European Commission’s online platform for dispute resolution (ec.europa.eu/consumers/odr).

    12.10. Data Privacy. By accepting this Agreement, Customer acknowledges that Software Mansion will process personal data in accordance with Software Mansion SimCam Privacy Policy (available at https://simcam.swmansion.com/legal/privacy-policy)

    12.11. Force Majeure. Neither Party shall be in breach of this Agreement, or otherwise liable to the other, by reason of any delay in performance, or non-performance, of any of its obligations under this Agreement (except payment obligations), arising directly from an act of God, fire, flood, natural disaster, act of terrorism, strike, lock-out, labor dispute, public health emergency, civil commotion, riot, or act of war.

For further information, please contact us at legal@swmansion.com.