Afaik, you sold a token which can be resold by investors. The Supreme Court has said about the Howey test, that it would look past all attempts to obfuscate a security.
Software is not an investment, rather it is purchased for a use case. The Howey test looks at what the expectations were of those purchasing.
Your lawyers are ignorant apparently.
Could you comment on
http://curia.europa.eu/jcms/upload/docs/application/pdf/2012-07/cp120094en.pdf, please?