Version: 1.1 | Date: 16.09.2026
INFORMATION FOR USERS: Read the following binding agreement ("Agreement" or “EULA”) carefully. This Agreement licenses HOLOPLOT GmbH ("HOLOPLOT") software ("Software") between you and HOLOPLOT.
If you ("you" in this case refers either to a natural person or a legal person acting in the course of a trade, business, or profession, as further specified in the Recitals and Section 2 below) have purchased the Software on a data carrier or electronically and/or it is made available to you without a purchase via data carrier, download and/or internet-based remote installation, you agree to being bound by this agreement by using the Software. If you do not agree to all of the terms under this Agreement, you may not install and/or use the Software.
Where a HOLOPLOT engineer or integration partner commissions a System on behalf of a Customer, the commissioning party accepts this Agreement on behalf of themselves and confirms that they will make the Customer aware of and ensure the Customer's compliance with this Agreement.
The Software licensed under this Agreement includes the HOLOPLOT Software and its components and any updates and upgrades delivered in machine code.
HOLOPLOT reserves the right to amend this EULA at its sole discretion, in accordance with, and subject to, the notice mechanism set out in Section 18.2.
HOLOPLOT GmbH, a company incorporated under German law, with registered offices at Ringbahnstr. 12 (10-14) / A2, 12099 Berlin, has developed software designed to be used in conjunction with HOLOPLOT Systems, for planning or exploring HOLOPLOT Systems, or for the use without connection to a HOLOPLOT System. Use of the Software is subject to the terms and conditions set out in this Agreement.
This EULA also applies to all future business relationships with the customer. This EULA applies only to business entities (Section 14 of the German Civil Code (BGB)), i.e., to natural or legal persons or partnerships with legal capacity that, when entering into a legal transaction, are acting in the course of their commercial or independent professional activities.
a) "Agreement" or “EULA” means this End User License Agreement, including any schedules or appendices.
b) "Authorized User" or “User” means any individual who accesses the Software on its own behalf or on behalf of the Customer, provided that such individual has been informed of and agrees to be bound by this Agreement.
c) "Customer" means the legal entity that has purchased or otherwise acquired a HOLOPLOT System, or the organization on whose behalf an Authorized User accesses the Software.
d) "Documentation" means any technical documentation, user guides, release notes, or other materials relating to the Software provided by HOLOPLOT.
e) "HOLOPLOT System" or "System" means the HOLOPLOT hardware audio processing and loudspeaker system to which the Software connects.
f) "Intellectual Property Rights" means all patents, copyright, trademarks, design rights, database rights, trade secrets, know-how, and all other intellectual property rights, whether registered or unregistered, anywhere in the world.
g) "Local Network" means the private network to which the HOLOPLOT System and the User's access device are connected.
h) "Software" means all HOLOPLOT Software as described on the HOLOPLOT website.
2.1 The Software is designed exclusively for use in connection with exploration, planning, or operation of HOLOPLOT Systems. By accepting this Agreement, you represent and warrant that:
a) you are accessing the Software in the course of a trade, business, profession, or academic work;
b) you are not a consumer within the meaning of applicable consumer protection legislation;
c) you have the technical competence and training required to operate professional audio systems safely; and
d) where you are accepting on behalf of an organization, you have authority to bind that organization to this Agreement.
2.2 If you are accepting this Agreement on behalf of your employer or another legal entity (for example, as a HOLOPLOT engineer commissioning a system, or as an integrator acting on behalf of a venue), then "you" and “Authorized User” or "User" refer to that legal entity, and you represent that you have authority to bind it.
3.1 Subject to the terms and conditions of this Agreement, HOLOPLOT grants you a non-exclusive, non-transferable, non-sublicensable and revocable license to download, access and use the Software solely:
a) for the purpose of planning, configuring, operating, monitoring, and managing a HOLOPLOT System in accordance with the Documentation; and
b) in connection with the specific HOLOPLOT System(s) for which the Software is served.
3.2 You are allowed to copy the delivered program if such copying is necessary for the use of the program. A necessary duplication is also the installation of the program from the original data carrier onto the hard disk of the hardware used and the loading of the program into the memory.
3.3 This license is personal to you and your organization. No title or ownership in the Software is transferred by this Agreement. All rights not expressly granted herein are reserved by HOLOPLOT.
3.4 If the Software was supplied with a HOLOPLOT System, the license is tied to the HOLOPLOT System(s) to which it is served. It does not extend to any other system or device not supplied by HOLOPLOT, and it does not include the right to access or use the Software independently of a HOLOPLOT System.
4.1 Some Software is delivered as an integral part of the HOLOPLOT System. It is served by the HOLOPLOT System's embedded Software (firmware) over the Local Network and does not require separate download or installation. Accordingly:
a) availability of the Software is contingent on the HOLOPLOT System being operational and connected to the Local Network;
b) HOLOPLOT may update, modify, or replace the Software as part of System firmware updates; and
c) continued access to updated versions of the Software may require acceptance of updated terms of this Agreement.
5.1 Permitted Uses
Users may:
a) access and use the Software for its intended purpose of planning, configuring and operating the HOLOPLOT System;
b) use the Software for training and familiarization with the HOLOPLOT System;
c) take screenshots or screen recordings for internal documentation purposes.
5.2 Prohibited Uses
You must not:
a) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code, algorithms, or architecture of the Software, except and only to the extent that such activity is expressly permitted by mandatory applicable law (including Article 6 of Directive 2009/24/EC on the legal protection of computer programs) notwithstanding this restriction, and provided that the User has first requested the relevant information from HOLOPLOT in writing;
b) copy, reproduce, modify, adapt, translate, or create derivative works of the Software;
c) distribute, sublicense, rent, lend, or otherwise transfer the Software or any rights therein to any third party;
d) remove, alter, or obscure any proprietary notices, labels, or marks on or in the Software;
e) use the Software to develop a competing product or service;
f) use the Software in any automated, scripted, or machine-to-machine fashion except through interfaces expressly authorized by HOLOPLOT;
g) attempt to gain unauthorized access to the Software, the HOLOPLOT System, or any connected network or system;
h) use the Software in a manner that could damage, disable, overburden, or impair the HOLOPLOT System or the Software.
5.3 Under no circumstances are you authorized to sell, lend, rent, lease, license, sublicense, publish, illustrate, distribute or otherwise transfer the Software, any copy of it or any right in the Software, in whole or in part, to any third party without the prior written consent of HOLOPLOT. Notwithstanding the foregoing, you may assign your rights and obligations under this Agreement to another person or entity in connection with a merger, acquisition, or sale of all or substantially all of your assets, provided that (a) you give HOLOPLOT prior written notice of such assignment, (b) the assignee agrees in writing to be bound by all terms and conditions of this Agreement, and (c) you simultaneously assign this Agreement, the Software, and any printed materials to the assignee.
5.4 In the event of a material breach of Sections 5.2 (Prohibited Uses), particularly with respect to reverse engineering, unauthorized distribution, or use of the Software to develop competing products, the User shall pay HOLOPLOT a contractual penalty. The actual amount of the penalty shall be determined by HOLOPLOT at its reasonable discretion, taking into account the severity and duration of the breach. The assertion of a contractual penalty shall not preclude HOLOPLOT from claiming further damages. The determination of the penalty amount shall be made at HOLOPLOT's equitable discretion (billiges Ermessen) within the meaning of Section 315 of the German Civil Code (BGB) and shall in each case be subject to full judicial review.
The Software may control and configure professional audio systems that may operate at high sound pressure levels ("SPL") in live and public environments. Users acknowledge and agree that:
a) the User is solely responsible for ensuring that the operation of the HOLOPLOT System complies with all applicable health, safety, and noise regulations, including but not limited to the EU Physical Agents (Noise) Directive 2003/10/EC and applicable national implementing legislation;
b) the User must not make system configuration changes during a live performance or event without adequate precautions to prevent harm to persons present;
c) HOLOPLOT provides the Software as a tool; the User's decisions regarding system configuration and operation are the User's own professional responsibility; and
d) HOLOPLOT expressly disclaims any liability for injury, hearing damage, or harm to persons or property arising from the User's operation of the HOLOPLOT System via the Software, except to the extent such liability cannot be excluded under mandatory applicable law.
7.1 Notwithstanding any other provision of this Agreement to the contrary, HOLOPLOT and its licensors have and retain all rights, property rights or titles or interest in and to the Software and its copies, modifications and derivative works (including patents, copyrights, trademarks, trade secrets and other intellectual property rights). You acknowledge that it is granted only a limited license right in the Software and that no ownership rights pass to you under this Agreement or otherwise, despite the use of terms such as "purchase" or "sale." User acknowledges that HOLOPLOT's licensors have a material interest in this Software and that, unless this EULA is entered into directly with them, they are the beneficiaries of this EULA.
7.2 Upon request, the User shall conduct a self-audit and confirm in writing that it uses the Software for the number of HOLOPLOT Systems agreed by the Parties, with the agreed number of copies and with the agreed system configuration and at the agreed location (as applicable). If there are reasonable doubts regarding the user's information, HOLOPLOT is entitled to have an audit conducted by an independent auditor. The independent auditor shall be bound by confidentiality obligations and shall only disclose information necessary to verify compliance with this EULA. HOLOPLOT shall bear the costs of the audit if the independent auditor confirms compliance with this EULA; otherwise, the User shall bear the costs. An audit may be conducted not more than once per calendar year unless there are reasonable grounds to suspect violations.
7.3 You and all Users agree not to challenge HOLOPLOT's ownership of or rights in the Software, or to assist any third party to do so.
8.1 HOLOPLOT may, at its sole discretion, provide updates, patches, or new versions of the Software as part of System firmware updates. Such updates may:
a) add new features or modify existing features;
b) remove features, including features on which you may have relied; and
c) require acceptance of updated or revised terms of this Agreement as a condition of continued use.
8.2 HOLOPLOT is under no obligation to provide updates, support, or maintenance for the Software except as separately agreed in a written support agreement or required by applicable law.
9.1 You acknowledge that the Software, including its user interface, functionality, and any non-public technical information disclosed to you in the course of using the Software, constitutes confidential information of HOLOPLOT. You agree not to disclose such confidential information to any third party without HOLOPLOT's prior written consent, and to use it only for the purposes permitted under this Agreement.
9.2 This obligation does not apply to information that: (a) is or becomes publicly available other than through your breach; (b) you already knew before receiving it from HOLOPLOT; or (c) you are required to disclose by law or court order, provided you give HOLOPLOT prompt prior written notice to the extent permitted by law.
10.1 The HOLOPLOT Controller hardware (“Controller”) may independently transmit operational data — including crash reports and usage telemetry — to HOLOPLOT’s cloud infrastructure via the data path: Controller → HOLOPLOT Cloud. This transmission is initiated by the Controller’s firmware, not by the Software. It occurs regardless of whether any User is actively using the Software at the time.
10.2 To the extent this data constitutes personal data, HOLOPLOT processes such data in accordance with its Privacy Policy.
11.1 Subject to the remaining part of this Section, HOLOPLOT will defend you against third-party claims which claim that the Software infringes any patent, trademark or copyright of any third parties or third-party trade secrets in an inadmissible manner (however only to the extent that such inadmissible use is not attributable to your actions) ("Proprietary Rights Infringement") and shall indemnify you against all costs and compensation which the competent court awarded to the individual third party by against you or which were agreed by settlement. The foregoing obligations apply only if you: (i) promptly notify HOLOPLOT in writing of any such claim of infringement of Intellectual Property Rights, (ii) transfer the exclusive control of the defense against this claim and all settlement negotiations to HOLOPLOT, and (iii) upon request, cooperate to support HOLOPLOT appropriately. You shall not settle or compromise any Intellectual Property Rights Infringement Claim without the prior written consent of HOLOPLOT.
11.2 Should the Software allegedly infringing property rights become the subject matter of a claim for Infringement of Intellectual Property Rights, or in HOLOPLOT’s opinion be likely to become, the subject matter of such a claim, HOLOPLOT, at its own choosing and at its own expense, will pursue one of the following: (a) procure the required rights to ensure your further use of the Software concerned; or (b) replace or modify the Software concerned so that the Infringement of Intellectual Property Rights no longer applies. Nothing in this section (2) restricts HOLOPLOT's obligation to defend and indemnify you under section (1) and to indemnify you to the extent you replace the allegedly infringing Software and/or as soon as HOLOPLOT provides you with alternative software.
11.3 Notwithstanding the foregoing, HOLOPLOT shall have no obligation under this Section or otherwise with respect to any claim based on: (a) a combination of the Software with non-HOLOPLOT products (other than non-HOLOPLOT products listed in the Order and used in unmodified form), (b) use for a purpose or in a manner for which the Software was not designed, (c) use of an older version of the Software if use of a newer HOLOPLOT version could have avoided the infringement, (d) any modification to the Software made without the express written consent of HOLOPLOT, (e) any claim regarding open source software or freeware technology or any derivatives or other adaptations not embedded by HOLOPLOT in the Software listed on HOLOPLOT's commercial price list, or (f) any Software provided on a free, beta or trial basis.
11.4 The Software incorporates certain third-party open source software components. The applicable license notices and copyright statements for those components are provided in the Third-Party Software Notices document, available on https://www.holoplot.com/license-agreement . Nothing in this Agreement limits any rights granted under the applicable open source licenses.
11.5 In particular, components licensed under the GNU Lesser General Public License ("LGPL") are linked in a manner that permits substitution of alternative versions in accordance with the LGPL requirements. For further information, contact productl@holoplot.com.
12.1 HOLOPLOT hereby disclaims all representations and warranties of merchantability, technicality, and fitness of the Software for a particular purpose, unless such technicality or purpose is expressly stated in this Agreement or the Software documentation.
12.2 HOLOPLOT does not warrant that: (a) the Software will meet your requirements; (b) the Software will operate error-free or without interruption; or (c) defects in the Software will be corrected. You assume the entire risk as to the quality and performance of the Software.
12.3 Notwithstanding the foregoing, HOLOPLOT warrants that the Software can be used for its intended purpose of planning or operating a HOLOPLOT System if the System is in good working order and operated in accordance with the Documentation.
12.4 All claims arising from or in connection with this Agreement, including claims for defects, shall become statute-barred after 12 months, commencing upon delivery of the Software. This limitation shall not apply to claims based on intentional conduct, gross negligence, injury to life, body or health, or non-fulfillment of a guarantee. The statutory limitation periods for claims under the Product Liability Act remain unaffected.
13.1 If User uses Software in connection with a HOLOPLOT System, liability is governed exclusively by the provisions of the HOLOPLOT Terms and Conditions, which were accepted upon purchase of the HOLOPLOT System.
13.2 Software and related documentation that are provided free of charge for testing, evaluation, or personal use, or that are not supplied in connection with the purchase of a HOLOPLOT System, are made available to the user “as is.” HOLOPLOT makes no warranty that the use of the software, services, and related documentation will be free of interruptions or errors. If HOLOPLOT has fraudulently concealed defects in the software, services, and related documentation provided for free use, HOLOPLOT is obligated to compensate the user for any damages incurred as a result. Any further warranties by HOLOPLOT in the case of the use of free software are excluded.
13.2 Except with respect to Customer’s breach of Section 5.2 and any breach of confidentiality obligations under Section 9, neither party shall have any liability to the other party or any third party (a) for incidental, consequential, indirect, special or punitive damages or liabilities of any kind; (b) for loss of revenue, loss of business or other financial loss arising out of or in connection with any contract, regardless of the form of the action, whether in contract, tort (including negligence), strict product liability or otherwise, even if any representative of a party hereto has been advised of the possibility of such damages; (c) for any amounts in excess of the aggregate of 25.000,- Euro. For the avoidance of doubt, these limitations also apply with regard to HOLOPLOT’s indemnity obligations.
13.3 Irrespective of the legal ground, HOLOPLOT shall be fully liable for damages caused intentionally or by gross negligence, for damages resulting from injury to life, body or health caused by negligence of HOLOPLOT, or in case of non-fulfillment of a guarantee, or if HOLOPLOT has fraudulently concealed a defect. Any further liability of HOLOPLOT is excluded. Liability according to the Product Liability Act remains unaffected. The indemnification obligations under Section 11 (Third-Party and Open Source Software) shall be subject to the limitations set out in this Section 13.
14.1 National export laws and regulations apply to the Software. You agree that such export control laws govern the use of the Software (including technical data) and other items to be delivered under this Agreement, and you agree to comply with such export laws and regulations. End Users agree that no data, information, Software and/or materials (or direct products thereof) will be exported, directly or indirectly, in violation of such laws or used for any purpose prohibited by such laws, including proliferation of nuclear, chemical or biological weapons or development of delivery technology.
14.2 The End User is solely responsible for compliance with relevant export and import laws and regulations as well as relevant trade sanctions and embargoes regarding the transfer of rights and the use of this Software.
Neither party shall be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is caused by events beyond its reasonable control (Force Majeure), including but not limited to acts of God, war, terrorism, strikes, lockouts, epidemics, pandemics, government actions, natural disasters, or other unforeseeable circumstances that could not have been prevented by reasonable precautions. The affected party shall promptly notify the other party in writing of the occurrence and expected duration of the Force Majeure event. If the Force Majeure event continues for more than 90 days, either party may terminate this Agreement with 30 days' written notice without liability for the period affected by the Force Majeure event.
16.1 This Agreement commences upon your first access to the Software and continues until terminated.
16.2 HOLOPLOT may terminate this Agreement immediately on written notice if you materially breach any term of this Agreement and, where the breach is capable of remedy, fail to remedy it within 14 days of written notice requiring you to do so. HOLOPLOT may terminate this Agreement at any time, if the software was provided free of charge and not in connection with the purchase of a HOLOPLOT System.
16.3 You may terminate this Agreement at any time by ceasing all use of the Software.
16.4 Upon termination, the license granted herein shall immediately cease. The User shall immediately cease all use of the Software and shall, within 14 days of termination, (a) uninstall and delete all copies of the Software from its systems and the systems of its Authorized Users, (b) destroy or return all backup copies and the License Key File to HOLOPLOT, and (c) provide HOLOPLOT with a written confirmation that such deletion and destruction has been completed. Clauses 2, 7, 8, 9, 10, 13, 14, 16, and 17 shall survive termination of this Agreement.
16.5 Upon effective termination or expiration of this Agreement, HOLOPLOT may permanently disable the User's access to the Software. Before doing so, HOLOPLOT will provide the User with a period of 30 days following termination to export its data (the "Data Retrieval Period"), unless immediate discontinuation is required by law, regulatory order, or security considerations. Upon expiration of the Data Retrieval Period, HOLOPLOT may permanently delete all User Data, except to the extent retention is required by applicable law.
17.1 This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding conflict of laws principles.
17.2 The parties irrevocably submit to the exclusive jurisdiction of the courts of Berlin, Germany, save that nothing in this clause shall prevent HOLOPLOT from seeking injunctive or other interim relief in any jurisdiction.
18.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior understandings and agreements relating to its subject matter.
18.2 Amendments. HOLOPLOT reserves the right to update this Agreement from time to time, including in connection with Software updates. Material changes will be notified via the in-Software acceptance screen. Continued use of the Software after notification constitutes acceptance of the revised terms.
18.3 Severability. If any provision of this Agreement is held invalid, void, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
18.4 Waiver. No failure or delay by HOLOPLOT in exercising any right under this Agreement shall operate as a waiver of that right.
18.5 Assignment. You may not assign or transfer this Agreement or any rights hereunder without HOLOPLOT's prior written consent. HOLOPLOT may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets.
18.6 Contact. For questions about this Agreement, please contact: HOLOPLOT GmbH, Ringbahnstr. 12 (10-14) / A2, 12099 Berlin, Germany. Email: legal@holoplot.com.
