End User License Agreement

KeyCommander

Effective Date: 28 April 2026

This End User License Agreement (the “EULA”) is a legal and binding agreement between Birchlabs / Thomas van der Burg (“Us”, “We”, or “Our”) and any person or entity that has purchased or is authorized to access KeyCommander (the “Software”) (“You” or “Your”).

 

IMPORTANT: By downloading, installing, or using KeyCommander, You agree to be bound by this EULA. If You do not accept these terms, do not download, install, or use the Software. If You are agreeing on behalf of an entity, You represent that You have authority to bind that entity.

 

1. Definitions

The following terms have the meanings set out below. The singular includes the plural and vice versa.

 

1. “Data” means any information, text, software, audio, video, or other content transmitted or processed through the Software.
2. “Commencement Date” means whichever occurs first: (i) Your express acceptance of this EULA; (ii) Your download or installation of the Software; or (iii) Your first use of the Software.
3. “Force Majeure” means any event beyond a Party’s reasonable control, including acts of God, fire, flood, epidemic, war, strikes, government action, or infrastructure failure.
4. “Intellectual Property Rights” means all intellectual property rights in any jurisdiction, whether registered or unregistered, including trademarks, patents, copyrights, trade secrets, software, and related documentation.
5. “Law” means any applicable local, national, or international laws, regulations, orders, or requirements of any governmental authority.
6. “Party” means either You or Us; “Parties” means both collectively.
7. “Third-Party Software” means any software developed, distributed, or sold by an entity other than the Parties.

 

2. No Affiliation with Steinberg

KeyCommander is an independent product developed and distributed by Birchlabs / Thomas van der Burg. It is not affiliated with, endorsed by, sponsored by, or associated with Steinberg Media Technologies GmbH in any way. Cubase and Nuendo are trademarks of Steinberg Media Technologies GmbH. All references to these products in the Software and its documentation are solely for the purpose of describing compatibility.

 

3. Sources, Access and Requirements

1. Authorized sources. You must acquire the Software lawfully by purchasing or downloading it from the official Birchlabs website or from an authorized reseller. When acquiring through a reseller, You must also comply with that reseller’s terms and conditions.
2. Requirements. You are solely responsible for ensuring that Your hardware and operating system meet the requirements specified in the Software’s documentation. We offer no guarantee of compatibility outside the supported environments (Windows and macOS).

 

4. Rights Granted

1. Grant of license. You are granted a limited, worldwide, non-assignable, non-sublicensable, non-transferable, and non-exclusive license to install and use the Software on computers You own or control, for Your personal or professional use.
2. Scope of the license. You may use the Software only for its intended purpose. You may not sell, lease, redistribute, sublicense, or otherwise make the Software available to any third party.
3. Third-Party Software. Certain components of the Software may include Third-Party Software. Such components are licensed to You under the terms of this EULA unless separate terms are provided alongside them. We are not responsible for the content, accuracy, or performance of Third-Party Software.
4. Reservation of rights. All rights not expressly granted to You in this EULA are reserved by Us.

 

5. Restrictions

You may not:

• Copy, modify, adapt, or create derivative works of the Software
• Reverse-engineer, decompile, or disassemble the Software
• Remove or alter any proprietary notices, labels, or markings
• Sell, sublicense, rent, lease, or transfer the Software to any third party
• Use the Software for any purpose that violates applicable Law
• Circumvent or interfere with any license verification or protection mechanisms

 

6. File System Access

The Software reads Your Cubase Key Commands XML file and writes files to Your Cubase MIDI Remote folder to enable its core functionality. You acknowledge and accept that:

• You use this functionality entirely at Your own risk
• You are responsible for maintaining backups of Your Cubase settings and configuration files before using the Software
• The Software creates automatic backups before modifying any files, but We are not responsible for any data loss, corruption, or incompatibility that may result from the Software’s file operations

 

7. Your Responsibilities

1. General. You are solely responsible for Your use of the Software and must not use the Software for any activity that violates applicable Law.
2. Data. You are solely responsible for the accuracy, integrity, and legality of any data You process through the Software.
3. Updates. You agree to install updates to the Software when available. We disclaim any liability for issues resulting from Your failure to install updates in a timely manner.
4. Export compliance. You represent that You are not subject to any sanctions, export controls, or trade embargoes that would prohibit Your use of the Software, and that You will not export or re-export the Software in violation of any applicable Law.

 

8. License Checks and Updates

1. License verification. The Software connects to the internet to verify Your license. You must not alter, block, or circumvent this verification process. License verification is handled by LemonSqueezy, Our payment and licensing provider, in accordance with their own terms and privacy policy.
2. Updates. We reserve the right to release updates, patches, or new versions of the Software at Our sole discretion. We have no obligation to provide updates. When updates are provided, this EULA applies to them unless separate terms are provided. We are not liable if an update affects the compatibility of any Third-Party Software or pre-existing features.
3. Availability. We will use commercially reasonable efforts to ensure the Software functions as described. However, We do not guarantee uninterrupted or error-free operation. Interruptions may occur due to equipment issues, maintenance, Force Majeure, or Third-Party Software incompatibilities.
4. Discontinuation. We reserve the right to discontinue the Software or any of its features at any time without liability to You or any third party.

 

9. Term and Termination

1. Term. This EULA is effective from the Commencement Date until terminated.
2. Termination for breach. If You breach any term of this EULA and fail to cure the breach within 10 days of Our written notice, We may terminate this EULA immediately.
3. Effect of termination. Upon termination for any reason, Your right to use the Software ends immediately. You must stop using and delete all copies of the Software in Your possession. We are not liable for any loss of data or settings following termination.

 

10. Intellectual Property Rights

We retain all title, ownership, and Intellectual Property Rights in and to the Software. Nothing in this EULA transfers any IP Rights to You. You must not:

• Remove or alter any identification, copyright notice, or marking from the Software
• Copy, modify, decompile, reverse-engineer, or create derivative works of the Software
• Conduct benchmark or penetration testing of the Software without Our prior written consent
• License, sell, rent, lease, assign, or otherwise make the Software available to any third party

 

11. Privacy and Data Protection

1. Privacy Policy. Our Privacy Policy, available on the Birchlabs website, describes how We handle Personal Data. By using the Software, You confirm You have read and understood it.
2. Local data. The Software writes log files to Your local machine for debugging purposes only. These logs are never transmitted to Us or any third party and remain entirely under Your control.
3. License verification data. The Software connects to the internet solely to verify Your license with LemonSqueezy. Only the minimum information necessary for license validation is transmitted during this process.

 

12. Warranty Disclaimer

The software is provided “as is”, “as available”, and “with all faults”, without warranty of any kind. To the maximum extent permitted by applicable law, We disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage.

 

13. Limitation of Liability

To the maximum extent permitted by applicable law, We shall not be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages (including loss of data, loss of profits, business interruption, or computer failure), however caused and on any theory of liability, whether in contract, strict liability, or tort, arising from Your use of or inability to use the Software, even if We have been advised of the possibility of such damages.

 

Some jurisdictions do not allow certain limitations of warranty or liability. In such cases, the above limitations apply to the fullest extent permitted by applicable Law.

 

14. Indemnification

You shall indemnify, defend, and hold Us harmless from and against all claims, damages, losses, and expenses (including reasonable legal fees) arising out of: (i) Your violation of any term of this EULA; (ii) Your violation of any applicable Law; (iii) Your violation of any third-party rights; or (iv) Your use or misuse of the Software.

 

15. Miscellaneous

1. Assignment. You may not assign this EULA or any rights under it without Our prior written consent. We may assign this EULA at Our sole discretion without notice to You.
2. Force majeure. Neither Party is liable for failure to perform due to a Force Majeure event. If a Force Majeure condition continues for more than 60 days, the other Party may terminate this EULA by written notice.
3. No waiver. Any tolerance or inaction by Us regarding a breach of this EULA does not constitute a waiver of Our rights or consent to further breaches.
4. Governing law and jurisdiction. This EULA is governed by the laws of the Netherlands. Any dispute arising from this EULA shall be submitted to the exclusive jurisdiction of the courts of the Netherlands.
5. Severability. If any provision of this EULA is found to be illegal or unenforceable, the remaining provisions remain in full force and effect.
6. Amendments. We may amend this EULA at any time. Changes take effect 30 days after We notify You by email or in-app notification. Your continued use of the Software after that date constitutes acceptance of the revised EULA. If You do not accept the changes, You must stop using the Software before they take effect.
7. Entire agreement. This EULA constitutes the entire agreement between the Parties with respect to the Software and supersedes all prior agreements or understandings, whether written or oral.

 

Contact

For questions about this EULA, contact Birchlabs / Thomas van der Burg