Klangfeldt End-User License Agreement (EULA)
This End-User License Agreement (“EULA”) describes the legal and binding contract between you (an individual or single entity) and Focalworks Audio.
This EULA agreement governs your acquisition and use of our Klangfeldt software (“Software”) directly from Focalworks Audio or indirectly through a Focalworks Audio authorized reseller or distributor (a “Reseller”).
Please read this EULA agreement carefully before completing the installation process and using the Klangfeldt software. It provides a license to use the Klangfeldt software and contains warranty information and liability disclaimers.
By clicking ‘I agree’ and taking steps to install Klangfeldt , you declare to be of legal age, and/or authorized by your employer or business entity to engage in this contract. By doing so you will be bound by the terms of this ‘EULA’. If you do not accept this ‘EULA’, refrain from using Klangfeldt..
This EULA agreement shall apply only to the Software supplied by Focalworks Audio herewith regardless of whether other software is referred to or described herein. The terms also apply to any Focalworks Audio updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
Limited License
Focalworks Audio grants you a non-transferable, non-exclusive, limited right to install and use Klangfeldt on two devices (but not simultaneously) in accordance with the terms and conditions of this license. You are responsible for ensuring your device meets the minimum requirements of the Klangfeldt software. This software is licensed, but not sold to you by Focalworks Audio. Focalworks Audio reserves any rights not explicitly granted to you.
Restrictions of Use
You may use Klangfeldt in strict accordance with the ‘EULA’, as a sound design tool, or in other types of audio production such as producing music tracks or sound effects.
You are not allowed to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
- Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
- Allow any third party to use the Software on behalf of or for the benefit of any third party
- Use the Software in any way which breaches any applicable local, national or international law
- Use the Software for any purpose that Focalworks Audio considers is a breach of this EULA agreement
Intellectual Property and Ownership
Focalworks Audio shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Focalworks Audio..
Focalworks Audio reserves the right to grant licences to use the Software to third parties.
Termination of Use
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Focalworks Audio.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Limitation of Liability
Focalworks Audio will under no circumstance be liable for any damage or loss of data, loss of profit, loss of revenue, loss of use, whether direct, indirect, incidental, exemplary, special, consequential, misuse or any other legal theory. This includes any inability to install or access Klangfeldt and any third party content and services. Focalworks Audio’s liability will not exceed the price paid by you for Klangfeldt.
Disclaimer of Warranty
Focalworks Audio provides Klangfeldt ‘AS IS’ without any warranties of any kind. Focalworks Audio makes no other warranties, express or implied, and hereby disclaims all implied warranties, including without limitation any warranty of merchantability and fitness for a particular purpose, continuous performance and noninfringement.
Indemnity
You agree that Focalworks Audio shall have no liability whatsoever for any use you make of Klangfeldt . You shall indemnify and hold harmless Focalworks Audio from any third party claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from your use of Klangfeldt as well as from your failure to comply with any term or condition in this Agreement.
Governing Law
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of The Netherlands.
