License Terms for FreeCommander
The FreeCommander program (hereinafter referred to as the “Program”) is developed and provided by Mr. Marek Jasinski (hereinafter referred to as the “Licensor”). It is a file manager that can be used as an alternative to programs such as Microsoft Explorer. The Program is available in 32-bit and 64-bit versions.
Use of the Program by private and commercial users (hereinafter “Users”) is subject to the following terms. By downloading, installing, or using the Program, the User agrees to these license terms.
- Subject Matter of the Agreement
The subject of this agreement is the permanent provision of the “FreeCommander” program and the granting of the licenses described in Section 2.
The Licensor provides the Licensee with one copy of the Program in the version selected by the Licensee at the time of download. The 32-bit version may be downloaded and used free of charge and without limitation by private users, but is subject to the technical limitations of a 32-bit program (see: https://freecommander.com/en/version-summary). The advantages of the 64-bit version can be found at https://freecommander.com/en/64bit/.
Functionality and technical requirements of the Program are described at https://freecommander.com/en/summary/.
- License Models
2.1 32-bit Version (Free Version)
- For private users
Private individuals may download, install, and use the 32-bit version of the Program free of charge and without time limitation.
Distribution of the installation file is permitted, provided it remains unchanged and is accompanied by these license terms. - For commercial users
Commercial users may use the 32-bit version for testing purposes for a period of 30 days. After the test period expires, commercial use is permitted only with a valid license for the 64-bit version.
2.2 64-bit Version (Paid Version)
The 64-bit version of the Program is generally subject to a fee. The following license models are available for commercial and private users:
a. One-time License (“One download”) – only for private users
- By purchasing the one-time license, the User obtains the right to download one version of the software and use it without time limitation.
- After downloading, there is no entitlement to updates or upgrades.
- Use of the downloaded version remains permitted indefinitely, even after the download period ends.
b. Time-limited Download Access (1- or 2-year license) – named “One year” and “Two years”
- The User receives access to the developer’s download page for the selected period (one or two years) and may download and use any number of versions of the software during that time.
- Once the license period expires, only access to the download page ends. A renewed download of the installation program is no longer possible; therefore, creating a backup copy of the installation program is recommended.
- All versions downloaded during the license period may continue to be used indefinitely.
- Updates and upgrades require the purchase of a new valid download license.
- Rights of Use
The license is non-exclusive and non-transferable. The User may not decompile, modify, or resell the Program. When used privately, the 32-bit version may be used on several PCs. The 64-bit version may only be used by one User and installed on up to two PCs. Distribution of the installation file is not permitted.
- Updates and Upgrades
Automatic updates and upgrades of existing installations do not take place.
Updates and new versions of the 64-bit version are only available during an active download license. If the license is exhausted or has expired, the User has no entitlement to additional software versions or support. Updates and upgrades for the 32-bit version can be obtained from the corresponding download page.
This does not apply to security updates necessary for the safe use of the Program (e.g., in the event of security vulnerabilities).
- Disclaimer of Liability
a. Free Use of the 32-bit Version
The Program is provided “as is.” In the case of unpaid use of the 32-bit version, the developer provides no warranty for error-free operation, compatibility, or suitability for a particular purpose. To the extent permitted by law, no liability is assumed for damages arising from use or non-use of the Program.
The developer is liable without limitation for intent or gross negligence, for injury to life, body, or health, as well as under the provisions (and within the scope) of the Product Liability Act and in all other cases where liability is mandatory by law.
b. Paid Use of the 64-bit Version
– For consumers
In contracts with consumers, statutory warranty rights apply. The developer is therefore liable for defects that already existed at the time the software was handed over (download of the installation file by the User). The limitation period is two years from the time of handover.
– For entrepreneurs
For purchases by entrepreneurs and businesses, the warranty period is twelve months from the time the software is handed over (download of the installation file). An insignificant defect does not justify warranty claims. The entrepreneur must inspect the software immediately upon delivery and report any visible defects in writing within ten working days (§ 377 HGB). Failure to report means the software is deemed accepted.
c. Limitation of Liability
– General principle
The developer is liable without limitation for intent or gross negligence, for damages due to injury to life, body, or health, and under the Product Liability Act.
– Limitation in cases of simple negligence
For simply negligent breach of essential contractual obligations (cardinal duties), the developer is liable only for foreseeable, contract-typical damages. Further liability is excluded.
– Exclusion of liability for data loss
The developer is only liable for data loss if the damage would not have been avoidable even with proper data backup by the Licensee and if the data loss is attributable to an error in the Program.
d.
Warranty otherwise follows statutory provisions. In the case of updates, upgrades, and new version deliveries, warranty claims are limited to the innovations of the update, upgrade, or new version compared to the previous version.
- Compatibility
a. No warranty for third-party changes
The developer does not warrant that the software will remain compatible with future versions of the operating system or with programs, drivers, or other third-party components.
Changes, updates, or upgrades to such third-party products may affect the functionality of the software beyond the developer’s control.
b. Not a defect of the software
Functional impairments, incompatibilities, performance changes, or failures caused by updates or interventions by third-party software do not constitute defects within the meaning of warranty law.
c. No obligation to adapt
The developer is not obliged to adapt the software to changed systems, system environments, or technical conditions resulting from operating system changes or third-party programs that the developer cannot influence.
d. Exclusion of liability
The developer is not liable for damages, data loss, or loss of use resulting from operating system changes, updates of other programs, system configurations, or interventions by security software or third-party programs, insofar as legally permissible.
- Data Protection
The Program itself does not collect personal data unless expressly stated otherwise in a separate privacy policy.
- Support
Support from the developer is provided via email to info@freecommander.com or via the forums:
German: https://www.supernature-forum.de/forums/freecommander-freeware-dateimanager.81/
English: https://freecommander.com/forum/
- Final Provisions
The law of the Federal Republic of Germany applies. Should individual provisions of these license terms be or become invalid, the validity of the remaining provisions shall not be affected.
The place of jurisdiction is — to the extent legally permissible — D-85368 Moosburg.
The customer’s general terms and conditions do not apply.
By downloading and installing the software, you agree to be legally bound by these terms of license.