Legal documents

“Software” refers to the klangfeldt superform virtual instrument, including all 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 product.

“Use” refers to the loading, running, accessing, or displaying of the Software.

Focalworks Audio grants you a non-transferable, non-exclusive, limited right to install and use klangfeldt superform 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. This Software is licensed, not sold, to you. Focalworks Audio reserves all rights not explicitly granted in this EULA.

klangfeldt superform requires a compatible version of Native Instruments Kontakt to operate. Focalworks Audio is not responsible for the availability, continuity, pricing, or licensing of Kontakt or any other third-party platform required to run the Software. “Native Instruments” and “Kontakt” are trademarks of Native Instruments GmbH. klangfeldt superform is an independent third-party library and is not affiliated with or endorsed by Native Instruments GmbH.

Permitted uses include, but are not limited to, use as a sound design tool or in audio production such as music tracks, film scores, sound effects, or live performance.

You are expressly not permitted to:

• Edit, alter, modify, adapt, translate, rent, lease, loan, resell, distribute, sublicense, or otherwise change the whole or any part of the Software.
• Combine, incorporate, or integrate the Software with any other software or product without Focalworks Audio’s express written consent.
• Decompile, disassemble, reverse engineer, or attempt to derive the source code, structure, or algorithms of the Software, except to the extent expressly permitted by applicable law.
• Reproduce, copy, publicly display, distribute, or resell the Software for any commercial purpose where the Software itself (or its constituent samples or presets) is the primary value being sold or distributed.
• Isolate, extract, decompile, or otherwise separate individual samples, raw waveforms, or audio assets from the Software for use in other sample libraries, virtual instruments, sound design products, or any competing product.
• Allow any third party to use the Software on behalf of or for the benefit of any third party.
• Use the Software or its derived sounds to create, develop, or contribute to any sample library, virtual instrument, or sound design product intended for commercial distribution.
• Use the Software in any way that breaches any applicable local, national, or international law or regulation.
• Use the Software for any purpose that Focalworks Audio, in its sole discretion, considers to be a breach of this EULA.

For the avoidance of doubt, using the Software to produce music tracks, videos, films, sound effects, or other original creative works — including commercial releases — is expressly permitted under Section 5.

Focalworks Audio retains ownership of the Software as originally downloaded and all subsequent authorised copies. The Software and all intellectual property rights therein (including any modifications, enhancements, or improvements) are and shall remain the exclusive property of Focalworks Audio. Focalworks Audio reserves the right to grant licences to use the Software to third parties.

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

klangfeldt superform 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 utilises audio samples carefully derived from various vintage synthesizers.

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 klangfeldt superform are not affiliated with, endorsed by, sponsored by, or in any way officially connected with these manufacturers, trademark holders, or legacy IP holders.

Internal file names referencing synthesizer models are solely for organisational, usability, and transparency purposes and do not imply endorsement or affiliation with any original manufacturer.

As klangfeldt superform is a digital product delivered by download, your right of withdrawal under EU consumer law (Directive 2011/83/EU) is waived at the point of purchase, provided you have given your express consent before the download begins and have acknowledged that this waiver applies. This waiver is handled at checkout. Nothing in this clause affects your statutory rights where mandatory consumer protection laws apply.

This EULA is effective from the date you first use the Software and continues until terminated. You may terminate it at any time upon written notice to Focalworks Audio. It will also terminate immediately and automatically if you fail to comply with any term or condition. Upon termination, all licences granted cease immediately and you agree to stop all access and use of the Software and delete all copies from your devices. Sections relating to Intellectual Property, Limitations of Liability, Disclaimer of Warranty, Indemnity, and Governing Law survive termination.

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, 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 ANY INABILITY TO INSTALL OR ACCESS KLANGFELDT SUPERFORM, OR ANY THIRD-PARTY CONTENT AND SERVICES ACCESSIBLE THROUGH THE SOFTWARE, INCLUDING THE NATIVE INSTRUMENTS KONTAKT PLATFORM. FOCALWORKS AUDIO’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE PRICE PAID BY YOU FOR THE SOFTWARE.

THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. FOCALWORKS AUDIO MAKES NO 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, OR BE ERROR-FREE.

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 superform, including any claims that your use violates third-party rights or results from your failure to comply with any term of this Agreement.

This licence 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.

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

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.

This EULA, and any dispute arising out of or in connection with it, shall be governed by and construed in accordance with the laws of The Netherlands, without regard to its conflict of law principles.