This copy of Kylone Media Server ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Kylone Inc. or its subsidiaries, affiliates, and suppliers (collectively "Kylone") own intellectual property rights in the Software Product. Your license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement"). You means (1) the natural person or the entity that is agreeing to be bound by this End User License Agreement; (2) your employees and third party contractors that provide services to you; and (3) any of your customers using the software or any service based upon the software product, as permitted in this End User License Agreement.
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT. YOU SHALL BE LIABLE FOR ANY FAILURE BY SUCH EMPLOYEES, THIRD PARTY CONTRACTORS OR CUSTOMERS TO COMPLY WITH THE TERMS OF THIS AGREEMENT. THIS AGREEMENT IS ENFORCEABLE AGAINST ANY PERSON OR ENTITY THAT DOWNLOADS, INSTALLS, COPIES OR USES THE SOFTWARE PRODUCT AND ANY PERSON OR ENTITY THAT DOWNLOADS, INSTALLS, COPIES OR USES THE SOFTWARE PRODUCT ON ANOTHER PERSON'S OR ENTITY'S BEHALF. YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU.
This Agreement entitles you to install and use one Instance of the Software. In addition, you may make a reasonable number of backup copies of the Software solely for archival and disaster-recovery purposes; each such copy is subject to this Agreement and may only be used for reinstallation of the Software. This Agreement does not permit the installation or use of multiple Instances of the Software, or the installation of the Software on more than one Server at any given time, on any configuration or system of Servers that allows multiple Instances. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software.
The Software contacts Kylone's licence service for two purposes only: (i) to activate the licence of an Instance, sending the registration key derived from hardware identifiers of the Server and receiving the License Key, and (ii) to validate the licence and retrieve the branding of the unit, sending the installed version of the Software and the licensed features in use. No Content, no information about viewers or their devices, no usage statistics, no logs and no credentials are sent to Kylone, and the Software never opens access to the Server for Kylone; remote support access exists only when and for as long as You enable it on the unit. Information collected under this section is handled in accordance with Kylone's Privacy Policy, available at https://kylone.com/privacy (or such other location as Kylone may designate).
Through the licence validation, Kylone may deactivate the License Key of an Instance where the licence has expired, where an evaluation or trial period has ended without a purchase, where the License Key was not issued to You or has been used in breach of this Agreement, or where this Agreement has been terminated under "Termination". A deactivated Instance stops delivering until a valid License Key is installed. Deactivation takes effect when the Instance next validates its licence; it is never applied for the mere absence of contact with Kylone.
The Software continues to operate when it cannot reach Kylone's licence service. Where You operate the Software in an isolated, air-gapped or otherwise offline network environment, Kylone makes available an offline activation of the License Key on request.
Kylone may, at its sole discretion, modify the Software at any time and without notice to You.
You are not granted any rights or interest in any Kylone copyrights, trademarks or service marks, and You shall not use any Kylone trademarks or service marks in Your domain names or URLs. Contact Kylone if You are interested in obtaining a license to use the Kylone trademarks or service marks in connection with Your use of the Software.
Your license to the Software is limited to one (1) Instance of the Software on one (1) Server for use with no more than one (1) Instance of Software, which shall permit You to use an unlimited number of Channels and Contents but is limited to the number of Concurrent Connections depending on the type of Your License Key.
Kylone retains all rights not expressly granted to You.
The Software includes Open Source and Third-Party Components that are licensed to You under their own respective license terms, including the GNU General Public License (GPL), the GNU Lesser General Public License (LGPL), and the NVIDIA Software License Agreement and related NVIDIA license terms. A list of such components and copies of their applicable licenses are provided with the Software. Where the license of a component requires that its corresponding source code be made available, that source code is provided with the Software or is otherwise made available by Kylone at the location Kylone designates for that purpose (currently https://kylone.com/oss/) and, upon request for a period of at least three (3) years, in accordance with and to the extent required by that license.
To the extent that the license terms of any Open Source and Third-Party Component grant You rights (including, without limitation, rights to use, copy, modify, reverse engineer, relink, or redistribute that component) or impose obligations that conflict with this Agreement, the license terms of that component govern with respect to that component, and nothing in this Agreement is intended to limit, and shall not be construed to limit, any right You have under, or to impose any restriction not permitted by, those license terms. In particular, the sections titled "Restrictions on Use," "Restrictions on Alteration," and "Restrictions on Copying" do not apply to an Open Source and Third-Party Component to the extent they would conflict with that component's license.
Open Source and Third-Party Components are provided by their respective authors and licensors "as is," without warranty of any kind, and Your use of them is subject to and conditioned upon Your compliance with their respective license terms. You are solely responsible for complying with the license terms applicable to any NVIDIA or other third-party driver, library or component You install, modify, or use in connection with the Software, including any manufacturer restrictions on modifying or circumventing limitations of such components.
Without first obtaining the express written consent of Kylone, you may not assign your rights and obligations under this Agreement, or you may not sell, lease, license, sublicense, rent, assign, distribute or otherwise transfer in whole or in part the Software, the License Key or Your rights in the Software to another party, including rights on a membership, subscription or hosted basis. For clarity, nothing in this section restricts You from using the Software to deliver Content or streaming services to Your own customers within the scope of Your License Key; this section restricts the transfer, sublicensing, rental, or hosted provision of the Software itself (as distinct from the Content it produces) to third parties.
The restrictions in this section are subject to the "Open Source and Third-Party Components" section and do not apply to any component to the extent that component's license grants You broader rights.
You may not use, copy, or install the Software on any system with more than one Instance, or permit the use, copying, or installation of the Software on more than one Server. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software on any system with more than the number of Instances permitted by license, or on more Servers than the number permitted by license.
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code from the Software, in whole or in part.
You may not make any statements, warranties or representations concerning the Software that exceed or are inconsistent with the documentation provided by Kylone to You.
You are responsible for ensuring that any External Module you are going to add into the Software Product is from trusted third-parties and legal. You should not use External Modules provided by third-parties which may damage in whole or part of the Software Product or may create legal conflicts or any kind of legal issues. You are solely responsible for any modification You or Your customers make to any third-party driver, library, firmware or component (including NVIDIA driver or encode/decode libraries) installed on the Server, and for ensuring that any such modification complies with the applicable third-party license terms; Kylone neither performs, endorses, nor provides assistance for any such modification.
You may not use the Software, or any service based upon the Software, to receive, redistribute, retransmit or make available any Content for which You do not hold the necessary rights, whether over the Internet, a public network or a closed network, and You may not use the Software to circumvent any technical protection applied to Content. Such use is a material breach of this Agreement and Kylone may terminate this Agreement under "Termination" and refuse further License Keys, updates and support for the Instance concerned.
A License Key is issued for one Instance and is personal to You. You may not use a License Key obtained other than from Kylone or a distributor authorised by Kylone, share a License Key with a third party, or circumvent, disable or tamper with the licence validation of the Software.
You represent and warrant that You hold all rights, licenses, consents and clearances necessary for any Content You ingest, transcode, store, distribute or otherwise process using the Software, and You are solely responsible for such Content and its use. You shall indemnify and hold Kylone harmless from any claim arising out of Content or Your lack of rights therein.
You are responsible for ensuring that any of Your customers using the Software or any service based upon the Software comply with the terms of this Agreement. You shall remain completely liable for any and all acts and omissions of such customers.
You may not export or re-export the Software except in compliance with the applicable provisions of the United States Export Administration Act and the related rules and regulations and similar non-U.S. government restrictions, and except in compliance with all applicable economic sanctions and embargo laws and regulations.
The restrictions in this section are subject to the "Open Source and Third-Party Components" section and do not apply to any component to the extent that component's license grants You broader rights.
You may not modify the Software or create any derivative work of the Software or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software, other than Open Source and Third-Party Components as permitted by their respective licenses.
You may not remove any titles, trademarks, service marks or trade names, copyright notices, legends, watermarks, or other proprietary markings on the Software.
You may not unbundle, break apart or repackage the Software or any of its component parts for any reason whatsoever, except to the extent expressly permitted by the license of an Open Source and Third-Party Component with respect to that component.
You may not bundle or distribute the Software in any manner whatsoever. This applies equally to every Kylone Module: You may not modify, rename, re-sign, repackage or redistribute a Kylone Module, present a modified module under a Kylone Module name, or distribute a module of Your own under a name that suggests it is provided by Kylone.
You may not make any changes, modifications or alterations of this Agreement that is distributed by Kylone with the Software.
The restrictions in this section are subject to the "Open Source and Third-Party Components" section and do not apply to any component to the extent that component's license grants You broader rights.
You may not copy any part of the Software except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium, or as necessary to make backup copies as permitted under "License Grant."
Kylone may terminate this Agreement immediately and without notice if You fail to comply with any term of this Agreement, and may deactivate the License Key of the Instance concerned through the licence validation as described under "License Grant".
In the event of termination, You must destroy all copies of the Software and License Keys. In addition You must remove the Software and all copies thereof, including all backup copies, from the Server and all computers and other media on which it is installed, stored or archived. If requested by Kylone, You shall provide Kylone with written certification that You have complied with these requirements. Termination of this Agreement does not affect any rights You have in Open Source and Third-Party Components under their respective licenses.
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY KYLONE, KYLONE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE.
Kylone makes no warranty that the Software will meet your requirements or operate under your specific conditions of use. Kylone makes no warranty that operation of the Software will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE TO MEET YOUR REQUIREMENTS. KYLONE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY SERVER OR COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL KYLONE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF KYLONE OR ANY OTHER PARTY, EVEN IF KYLONE IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS KYLONE'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software. Selection of whether to correct or replace shall be solely at the discretion of Kylone. Kylone reserves the right to substitute a functionally equivalent copy of the Software as a replacement. If Kylone is unable to provide a replacement or substitute Software or corrections to the Software, your sole alternate remedy shall be a refund of the purchase price for the Software exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, misconfiguration on any kind of network equipment, deployment topology or damage determined by Kylone to have been caused by you. All limited warranties on the Software are granted only to you and are non-transferable. You agree to indemnify and hold Kylone harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
You acknowledge and understand that the Content resulting from the use of the Software is entirely the responsibility of the person from whom such Content originated. Kylone will not be liable for any Content resulting from the use of the Software. You are solely responsible for obtaining and maintaining all rights, licenses and clearances necessary for the Content You process with the Software.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
This Agreement sets forth Kylone's entire liability and Your exclusive remedy with respect to the Software and supersedes the terms of any purchase orders and any other communications or advertising with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between You and Kylone with respect to the Software, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions with respect to the Software. This Agreement does not supersede the separate license terms applicable to Open Source and Third-Party Components with respect to those components.
Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.
No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of those rights. This Agreement may only be modified, or any rights under it waived, by a written document executed by the party against which it is asserted.
You may not assign this Agreement or any interest in this Agreement without the prior written approval of Kylone.
This Agreement shall not be construed to create any employment, partnership, joint venture, franchise or agency relationship between You and Kylone or to authorize either party to enter into any commitment or agreement binding on the other party.
You represent and warrant that You are authorized to enter into this Agreement and comply with its terms. Furthermore, You represent and warrant that You will at any and all times meet Your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Software.
Neither party shall be in default by reason of any failure in performance of this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control or foreseeability of such party, including but not limited to, default by subcontractors or suppliers, acts of God or of the public enemy, terrorist act, United States or foreign governmental acts in either a sovereign or contractual capacity, fire, flood, epidemic, restriction, strikes or freight embargoes.
This Agreement is governed by the laws of the State of Georgia, United States of America, without regard to Georgia's conflict or choice of law provisions. The United Nations Convention for the International Sale of Goods shall not apply.
Kylone Inc. · End User Licence Agreement, revised October 2026 · https://kylone.com/eula