Kruszyna EULA

KRUSZYNA END USER LICENCE AGREEMENT

Version: 1 September 2026
Effective date: 1 September 2026

This End User Licence Agreement ("Agreement") is between:

MKSREC Electronics Limited, company number 14230747, whose registered office
is at 3rd Floor, 207 Regent Street, London, England, W1B 3HH ("MKSREC",
"we", "us" or "our"); and the individual or organisation that obtains a licence to Kruszyna ("you" or
"your").

This Agreement governs the Kruszyna audio plug-in, including its installer,
factory presets, documentation, licence key or licence file, and any updates
supplied under the same licence (collectively, the "Software").

A "Named User" is the one identified natural person to whom a licence is
assigned. If an individual obtains a licence for their own use, that
individual is the Named User. If an organisation obtains a licence, it must
assign each licence to one Named User.

A "Consumer" is an individual acting wholly or mainly outside their trade,
business, craft or profession. A "Business User" is any person or
organisation that is not a Consumer.

By selecting "I accept" in the installer, or by installing or using the
Software after being given a reasonable opportunity to read this Agreement,
you agree to its terms. If you accept it on behalf of an organisation, you
confirm that you have authority to do so.

If you do not agree, do not install or use the Software.

This Agreement governs the licence and use of the Software. Separate terms
presented at the point of sale govern its purchase, electronic supply,
cancellation and refunds.

1. LICENCE GRANT

1.1 Paid licence

Subject to payment of the applicable fee, unless MKSREC has expressly supplied
a complimentary full licence, and subject to compliance with this Agreement,
MKSREC grants you a limited, worldwide, non-exclusive and perpetual licence
permitting the Named User to install and use the Software.

The licence applies to the version acquired and to any updates which MKSREC
expressly supplies under the same licence.

The Named User may install and use the Software on any number of computers
that the Named User personally owns or controls, or that an organisation
provides for that Named User's use. No other person may use the Software under
that licence. A business or other organisation requires a separate licence
for every individual user.

An organisation may permanently reassign a licence when the previous Named
User leaves or no longer requires it, provided that the previous Named User
stops using the Software and removes the Software and licence key from
computers under their control. A licence must not be shared or repeatedly
rotated to avoid purchasing additional licences.

The Named User may use the Software in personal and commercial audio and
audiovisual productions, including work created for clients. Audio,
audiovisual works and other original material lawfully created through normal
use of the paid Software may be copied, distributed, licensed, sold,
broadcast, performed and monetised without royalties being owed to MKSREC.

This permission does not grant rights in samples, recordings, compositions,
performances or other third-party material used with the Software. You remain
responsible for obtaining any necessary rights in that material.

1.2 Demo licence

Where MKSREC supplies the Software in demo, trial or evaluation mode without
charge, MKSREC grants the Named User a free, royalty-free, limited, worldwide,
non-exclusive, non-transferable and revocable licence to install and use the
Demo solely to evaluate the Software.

The Demo may be evaluated in a personal or professional environment,
including by processing commercial or client source material for internal
testing and comparison. Unless MKSREC expressly states otherwise, material
created using the Demo must not be commercially released, delivered to a
client as completed work, sold, licensed, broadcast, publicly performed for
payment or otherwise monetised.

The Demo may contain disclosed technical limitations, including disabled
features, audio interruptions, time limits, or restrictions on saving,
loading, rendering or export.

The Demo Licence ends when it is replaced by a paid licence, when any stated
evaluation period expires, when MKSREC discontinues the Demo or withdraws it
for legal, security or technical reasons on reasonable notice, or when it is
terminated under section 9. When the Demo Licence ends, the Named User must
stop using the Demo and delete all copies and associated Demo licence keys
under their control.

A Demo Licence does not include a right to continued availability, updates,
support or a discounted paid licence unless MKSREC expressly states
otherwise.

1.3 Scope of licence

The Software is licensed, not sold. A perpetual licence does not include a
promise of perpetual support, updates, download availability or compatibility
with future operating systems, processors, host applications or plug-in
formats.

Except for an organisation reassignment permitted above, a licence may not be
transferred without MKSREC's prior written consent, unless applicable law
provides a transfer right that cannot lawfully be restricted.

2. BACKUP COPIES AND LICENCE SECURITY

You may make reasonable backup copies of the Software, installer,
documentation and licence key or licence file. Every copy remains subject to
this Agreement.

You must take reasonable care to keep licence keys, licence files, download
links and account credentials secure. You must not publish, sell or share a
licence key or make it available to anyone who is not authorised to administer
the licence on your behalf.

You should notify MKSREC promptly if you reasonably believe that a licence
key, licence file, download link or account has been lost, stolen, published
or otherwise compromised.

3. RESTRICTIONS

Except where this Agreement or applicable law expressly permits otherwise,
you must not:

(a) distribute, sublicense, sell, rent, lend, share or otherwise make the
Software or a licence key available to another person;

(b) permit an unlicensed person to use the Software, including through a
shared account, shared workstation, public computer, server or virtual
environment;

(c) provide access to the Software itself as a hosted, bureau, time-sharing or
similar service for unlicensed users;

(d) modify, adapt or translate the executable Software, or create derivative
works from it, except for creating and saving user presets through functions
provided by the Software;

(e) reverse engineer, decompile or disassemble the Software;

(f) bypass, defeat, disable or interfere with licence validation, Demo
limitations or other technical protections;

(g) remove or alter copyright, trade mark or other proprietary notices;

(h) extract or distribute factory presets, interface artwork, documentation
or other MKSREC materials separately from the Software or as a competing
product or library;

(i) use MKSREC's names, logos or trade marks in a way that falsely suggests
sponsorship, approval or affiliation; or

(j) use the Software in violation of applicable law.

The restrictions on modification and reverse engineering do not prohibit an
act which applicable law expressly permits despite a contractual restriction,
including qualifying acts necessary to achieve interoperability or to
observe, study or test the functioning of a computer program.

Nothing in this section prevents truthful references to MKSREC or Kruszyna in
reviews, tutorials, compatibility information, credits or descriptions of
software used, provided that no endorsement or affiliation is falsely
implied.

4. OWNERSHIP AND USER OUTPUT

MKSREC and its licensors retain all right, title and interest in the Software
and its associated intellectual property, including its code, algorithms,
software architecture, factory presets, documentation, interface designs,
artwork and trade marks. Except for the licence expressly granted by this
Agreement, no rights in the Software are transferred to you.

MKSREC does not claim ownership of audio, audiovisual works or other original
material created by you through normal use of the Software. MKSREC also does
not claim ownership of original parameter settings or user presets created by
you. This does not transfer any right in the Software, MKSREC's file formats,
factory presets, trade marks or other MKSREC materials.

5. THIRD-PARTY MATERIALS

The Software may contain third-party or open-source components governed by
separate licence terms. Required notices and relevant terms will be supplied
with the Software or otherwise made reasonably available.

Where a third-party licence conflicts with this Agreement in relation to a
particular third-party component, that licence controls use of that component.
It does not grant additional rights in the Software as a whole or in MKSREC's
proprietary materials.

6. LOCAL LICENCE VALIDATION AND DATA

Kruszyna verifies a digitally signed licence key locally on the Named User's
computer.

Once the installer and licence key have been obtained, Kruszyna itself does
not require internet activation, communication with an MKSREC licensing
server, periodic online validation, device fingerprinting or a fixed number
of authorised computers.

Kruszyna does not collect or transmit telemetry, usage data, diagnostic data,
crash reports, device identifiers or licence-validation data.

An internet connection may separately be required to purchase or download the
Software, obtain an update, contact support or retrieve replacement files.
Those activities are separate from Kruszyna's local licence-validation
process.

Information provided to MKSREC for purchasing, downloading, licence
administration or support is processed under the MKSREC privacy notice and is
separate from the operation of Kruszyna described above.

7. UPDATES, SUPPORT AND COMPATIBILITY

MKSREC may provide updates, maintenance or support but is not obliged to do so
unless this was expressly promised before purchase, separately agreed in
writing or required by applicable law. New major versions, optional expansions
or additional products may require a separate purchase.

An update supplied under an existing licence remains subject to this Agreement
unless MKSREC presents different terms and you expressly accept them. Different
terms for a future update or version do not retrospectively alter your right
to use a version already acquired under this Agreement.

MKSREC does not guarantee compatibility with future operating systems,
processors, host applications, plug-in formats, hardware or third-party
products unless it expressly agrees otherwise.

Ending support or updates for a version does not itself terminate a valid paid
licence, and MKSREC will not intentionally disable a valid paid licence merely
because support or updates have ended.

You should retain a backup of the installer, documentation and licence key.
MKSREC is not obliged to keep superseded installers available indefinitely
unless continuing download access was expressly promised.

8. WARRANTIES AND CONSUMER RIGHTS

MKSREC warrants that it has the authority to grant the licences set out in
this Agreement.

If you are a Consumer, nothing in this Agreement excludes or restricts rights
or remedies that cannot lawfully be excluded or restricted.

For UK Consumers purchasing paid digital content, this includes the statutory
requirements that the Software must be of satisfactory quality, be fit for a
particular purpose made known to MKSREC, match its description and be supplied
by a person entitled to supply it. Where the Software does not meet applicable
statutory requirements, a Consumer may be entitled to remedies including
repair or replacement, a price reduction, or a remedy where defective digital
content damages the Consumer's device or other digital content.

A Demo is supplied without charge solely for evaluation. Subject to rights
that cannot lawfully be excluded, MKSREC does not promise that a Demo will be
uninterrupted or error-free, suitable for production use, include every
feature of the paid version, remain available or produce a particular result.

If you are a Business User, the Software is supplied "as is" except for
express commitments in this Agreement, the applicable order confirmation and
the product description. MKSREC does not warrant to a Business User that the
Software will be entirely error-free, operate without interruption, produce a
particular result, or be compatible with a configuration not identified as
supported. For Business Users only, all other terms, conditions and warranties
that would otherwise be implied are excluded to the extent permitted by law.

9. TERMINATION

This Agreement continues until the relevant licence expires or is terminated.
You may terminate a licence at any time by stopping use of the Software and
deleting all copies and licence keys under your control.

A paid licence also ends if the purchase is lawfully cancelled and the full
price is refunded, unless MKSREC expressly agrees otherwise.

MKSREC may terminate an affected licence by written notice if you materially
breach this Agreement and, where the breach can be remedied, you do not remedy
it within 14 days after receiving notice identifying the breach.

MKSREC may terminate an affected licence immediately by written notice for
serious grounds, including deliberate unauthorised distribution of the
Software, deliberate publication or widespread sharing of a licence key,
deliberate circumvention of licence validation or Demo limitations, or
fraudulent acquisition or use of a licence.

Termination will apply only to the affected licence unless the breach also
affects other licences or reasonably justifies termination of all licences
held by the same person or organisation.

When a licence ends, the Named User must stop using the affected Software and
delete all affected copies and licence keys under their control.

Audio, audiovisual works and other material lawfully created while a paid
licence was valid may continue to be used, distributed, licensed, sold,
broadcast, performed and monetised after termination. The end of a Demo
Licence does not authorise commercial use prohibited by section 1.2.

Sections which by their nature should continue after termination remain in
effect, including the restrictions, ownership provisions, warranty and
liability provisions, governing law and general provisions.

10. LIMITATION OF LIABILITY

Nothing in this Agreement excludes or limits liability for death or personal
injury caused by negligence, fraud or fraudulent misrepresentation, or any
other liability that cannot lawfully be excluded or limited.

If you are a Consumer, MKSREC is responsible for loss or damage that is a
foreseeable result of MKSREC breaching this Agreement or failing to use
reasonable care and skill. Loss or damage is foreseeable if it was an obvious
consequence or if both parties knew when the contract was made that it might
occur. MKSREC is not liable to a Consumer for losses relating to the
Consumer's trade, business, craft or profession.

Nothing in this Agreement affects a Consumer's statutory rights where the
Software causes damage to a device or other digital content belonging to the
Consumer and MKSREC failed to use reasonable care and skill.

If you are a Business User, then, subject to the first paragraph of this
section and to the extent permitted by law:

(a) MKSREC is not liable for indirect or consequential loss;

(b) MKSREC is not liable for loss of profit, revenue, business, contracts,
anticipated savings, opportunity, goodwill, data or production time, whether
direct or indirect; and

(c) MKSREC's total aggregate liability arising out of or in connection with
the Software, a licence or this Agreement, whether in contract, tort including
negligence, misrepresentation or otherwise, is limited to the greater of GBP
100 and the price actually paid for the licence giving rise to the claim.

Subject to mandatory rights, MKSREC is not responsible to the extent that a
loss, failure or incompatibility was caused by use contrary to the
documentation, an unsupported system or configuration, an unauthorised
modification or attempted circumvention, failure to install a correction
reasonably identified as necessary, third-party software or hardware, or an
act or omission by you or another person under your control.

11. GOVERNING LAW AND GENERAL TERMS

If you are a Business User, this Agreement and any non-contractual obligations
arising from it are governed by the laws of England and Wales, and the courts
of England and Wales have exclusive jurisdiction.

If you are a Consumer, this Agreement is governed by the laws of England and
Wales, but this does not deprive you of mandatory protections provided by the
law of the country or part of the United Kingdom in which you habitually
reside. A Consumer may bring proceedings in the courts of England and Wales or
in another court made available by applicable mandatory law.

The applicable order confirmation, product description and compatibility
information supplied before purchase also form part of the contract where
applicable. A specific statement in those documents takes priority over a
general term in this Agreement for the matter it specifically addresses.

For Business Users, this Agreement and those documents constitute the entire
agreement concerning the licence and use of the Software and supersede
previous discussions and representations about those matters. Nothing in this
paragraph excludes liability for fraud or fraudulent misrepresentation.

If any provision is held unlawful or unenforceable, it will be modified only
to the minimum extent necessary or, if that is not possible, treated as
deleted. The remaining provisions will continue in effect.

A failure or delay in enforcing a provision is not a waiver. No person other
than you and MKSREC has a right to enforce this Agreement under the Contracts
(Rights of Third Parties) Act 1999. No amendment applies retrospectively to a
paid licence already acquired unless both parties expressly agree or the
amendment is required by law. References to written notice include email.

12. CONTACT

Questions, complaints and legal notices concerning this Agreement may be sent
to:

MKSREC Electronics Limited
3rd Floor
207 Regent Street
London
England
W1B 3HH

Email: support@mksrec.com
Website: https://mksrec.com