Klangfeldt End-User License Agreement (EULA)

This End-User License Agreement (“EULA”) is a legal and binding contract between you (an individual or a single legal entity) and Focalworks Audio (hereinafter referred to as “Focalworks Audio,” “we,” “us,” or “our”).

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 important warranty information, liability disclaimers, and intellectual property rights.

By clicking ‘I agree’ and taking steps to install Klangfeldt, you acknowledge that you are of legal age in your jurisdiction and/or are authorized by your employer or business entity to enter into this contract. By doing so, you will be bound by the terms of this EULA. If you do not accept this EULA, you must refrain from installing and 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 specifically accompany those items upon their delivery. If such other terms exist, those terms shall apply.

1. Definitions

  • “Software” refers to the Klangfeldt virtual instrument, including but not limited to all of its constituent parts: the instrument’s code, graphical user interface (GUI), all included audio samples, presets, impulse responses, documentation, and any other data or intellectual property delivered as part of the Klangfeldt product.
  • “Use” refers to the loading, running, accessing, or displaying of the Software.

2. Limited License

Focalworks Audio grants you a non-transferable, non-exclusive, limited right to install and use Klangfeldt on up to two (2) devices that you own or control (e.g., a desktop and a laptop), provided that the Software is not used simultaneously on both devices. You are solely responsible for ensuring your device meets the minimum system requirements for the Klangfeldt software. This Software is licensed, not sold, to you by Focalworks Audio. Focalworks Audio reserves all rights not explicitly granted to you in this EULA.

3. Restrictions of Use

You may use Klangfeldt strictly in accordance with the terms of this EULA. Permitted uses include, but are not limited to, its function as a sound design tool, or in other types of audio production such as producing music tracks, film scores, sound effects, or for live performance.

You are expressly not allowed to:

  • 3.1. Edit, alter, modify, adapt, translate, rent, lease, loan, resell, distribute, sublicense, or otherwise change the whole or any part of the Software.
  • 3.2. Permit the whole or any part of the Software to be combined with, incorporated into, or otherwise integrated with any other software or product without Focalworks Audio’s express written consent.
  • 3.3. Decompile, disassemble, reverse engineer, or attempt to derive the source code, structure, or algorithms of the Software, or attempt to do any such things, except to the extent that such activities are expressly permitted by applicable law notwithstanding this limitation.
  • 3.4. Reproduce, copy, publicly display, distribute, resell, or otherwise use the Software for any commercial purpose where the Software itself (or its constituent samples/presets) is the primary value being sold or distributed.
  • 3.5. Isolate, extract, decompile, or otherwise separate individual samples, raw waveforms, or audio assets from the Software for use as standalone samples in other sample libraries, virtual instruments, sound design products, or any other competing product.
  • 3.6. Allow any third party to use the Software on behalf of or for the benefit of any third party.
  • 3.7. Use the Software or its derived sounds to create, develop, or contribute to any competing sample library, virtual instrument, or sound design product.
  • 3.8. Use the Software in any way which breaches any applicable local, national, or international law or regulation.
  • 3.9. Use the Software for any purpose that Focalworks Audio, in its sole discretion, considers to be a breach of this EULA agreement.

4. Intellectual Property and Ownership

Focalworks Audio shall at all times retain ownership of the Software as originally downloaded by you and all subsequent authorized copies or downloads of the Software by you. The Software (and the copyright, patent rights, trade secret rights, trademarks, and other intellectual property rights of whatever nature in the Software, including any modifications, enhancements, or improvements made thereto) are and shall remain the exclusive property of Focalworks Audio.

Focalworks Audio reserves the right to grant licenses to use the Software to third parties.

5. Output Ownership

You retain all rights and ownership to the original musical compositions, sound designs, audio tracks, and other creative works you create using the Klangfeldt Software. Focalworks Audio does not claim any ownership over your creative output generated through the use of the Software.

6. Third-Party Trademarks

Klangfeldt is a product of Focalworks Audio, an independent audio software and sound design company. This instrument exclusively features new and original sound designs created by Focalworks Audio. To achieve its ‘Vintage DNA’ and ‘New Sonic Identity,’ this instrument utilizes audio samples carefully derived from various vintage synthesizers.

Please note: The names of these synthesizers and their respective brands, as well as any associated logos, are trademarks of their original manufacturers and intellectual property holders. Focalworks Audio and the Klangfeldt instrument are not affiliated with, endorsed by, sponsored by, or in any way officially connected with these manufacturers, trademark holders, or legacy IP holders.

Klangfeldt’s raw waveforms are derived from a curated selection of vintage synthesizers. While internal file names may provide hints to their origin, these are solely for organizational, usability, and transparency purposes and do not imply endorsement or affiliation with the original manufacturers.

7. 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.

This EULA agreement will also terminate immediately and automatically if you fail to comply with any term or condition of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately cease, and you agree to stop all access and use of the Software, and to delete all copies of the Software from your devices. The provisions that by their nature are intended to continue and survive (including, without limitation, sections relating to Intellectual Property, Limitations of Liability, Disclaimer of Warranty, Indemnity, and Governing Law) will survive any termination of this EULA agreement.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOCALWORKS AUDIO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF FOCALWORKS AUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INABILITY TO INSTALL OR ACCESS KLANGFELDT, OR ANY THIRD-PARTY CONTENT AND SERVICES ACCESSIBLE THROUGH THE SOFTWARE. FOCALWORKS AUDIO’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE PRICE PAID BY YOU FOR KLANGFELDT.

9. Disclaimer of Warranty

THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY 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, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR CONTINUOUS PERFORMANCE. FOCALWORKS AUDIO DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FOCALWORKS AUDIO OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.

10. Indemnity

You agree to indemnify, defend, and hold harmless Focalworks Audio, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and fees (including reasonable attorney fees) arising from or related to your use of Klangfeldt, including but not limited to any claims that your use of the Software violates any third-party rights, or from your failure to comply with any term or condition in this Agreement. Focalworks Audio shall have no liability whatsoever for any use you make of Klangfeldt.

11. Transferability of License

This license is non-transferable. You may not sell, assign, sublicense, or otherwise transfer your rights under this EULA to any third party without the express prior written consent of Focalworks Audio. Any attempted transfer without such consent shall be null and void.

12. Support

Focalworks Audio may provide technical support for the Software via its official website or designated communication channels. The scope, availability, and response times of such support are at the sole discretion of Focalworks Audio and may be subject to change without prior notice. This EULA does not guarantee any specific level of support.

13. Entire Agreement

This EULA constitutes the entire agreement between you and Focalworks Audio concerning the Software and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software or any other subject matter covered by this EULA.

14. 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, without regard to its conflict of law principles.