Software Licence Agreement

This page explains the licence that comes with CalyOS and with the other software we write. It covers what the licence lets you do, what it does not allow, the rights you have as a consumer under EU and Dutch law, how updates work, and the open source components we build on.

We have written it in plain English. Where the law gives you a right, we say so. We do not try to sign your rights away, and a term that tried to would not hold up anyway.

Last updated: 25 July 2026

Who you are dealing with

Calyraen is established in the Netherlands and sells into the European Union.

• Legal name: [registered company name and legal form]
• Registered address: [registered address]
• Chamber of Commerce (KvK) number: [KvK number]
• VAT number: [BTW-nummer]
• Licensing and legal contact: [licensing and legal contact address]

If more than one Calyraen entity is involved in a product, the entity named on your order confirmation and in the licence shown when you set the machine up is the one you have a contract with.

Where things stand today

Our catalogue is empty and nothing can be ordered yet. This page is written so that it is already correct on the day the first machine ships.

When you buy a machine, the agreement that governs your use of the software will be the CalyOS End User Licence Agreement shown to you during set up, together with your order confirmation. The current version is [version and date of the CalyOS End User Licence Agreement]. This page describes that agreement and does not replace it.

If the two ever disagree, the licence agreement is the one that decides the point, with one exception: where this page gives you more than the licence does, we will honour what this page says. Dutch law also reads any unclear term in a consumer contract in the way that is most favourable to the consumer (article 6:238 paragraph 2 of the Dutch Civil Code).

What this page covers

• CalyOS, in the editions CalyOS Desktop, CalyOS Server and CalyOS Edge, supplied on Calyraen machines.
• Firmware, drivers and recovery tools we write for our own hardware: Forge servers, the Atlas, Vantage and Stratus computers, and our embedded and edge machines.
• CalyCloud, the browser based service for managing those machines.
• Calyraen applications, utilities and updates we make available to you.

It does not cover software from other companies that you choose to install yourself. That software comes with its own terms, and your contract for it is with whoever supplies it.

CalyOS is not sold separately

CalyOS is licensed with Calyraen hardware. It has no separate price, it is not sold as a standalone product, and we do not license it for installation on hardware built by anyone else unless we agree that with you in writing.

Two things follow from that, and both are in your favour.

You have paid for the software. It is part of the machine you bought. The fact that it does not carry its own price tag does not make it a free gift, and it does not reduce what you can expect from it or what we owe you.

Your machine is a "good with digital elements" in EU law. A Calyraen computer cannot do its job without CalyOS, and CalyOS is supplied under the same sales contract. That puts the operating system inside the sale of the machine, under Directive (EU) 2019/771 on the sale of goods, rather than under the separate digital content rules. In practice this means the operating system is covered by the same legal guarantee as the metal it runs on.

Because CalyOS is tied to the machine, there is also no separate CalyOS subscription to cancel, no licence key to lose, and no reactivation fee if you reinstall.

Which consumer rules apply to which software

Two EU directives sit behind this, and it is worth knowing which one you are relying on.

CalyOS and firmware on your machine

These are covered by Directive (EU) 2019/771 on the sale of goods, implemented in the Netherlands in Book 7 of the Dutch Civil Code (articles 7:17 and following). The seller, which is us, is responsible for the operating system being what it should be, in the same way as for the hardware. Our Warranty page sets out the legal guarantee of at least two years and any longer commercial guarantee we offer on top of it.

CalyCloud, downloads, subscriptions and separately supplied software

These are digital content and digital services under Directive (EU) 2019/770, implemented in the Netherlands in Book 7 of the Dutch Civil Code, afdeling 7.1.2B (articles 7:50aa and following), in force since 27 April 2022. The rest of this section describes those rights.

Your rights for digital content and digital services

If you are a consumer, meaning you are buying outside a trade or profession, the following applies to you and cannot be signed away.

What the software has to be

Software we supply has to match what we told you it would be, and it also has to meet what you can objectively expect. That includes:

• doing what software of that kind is normally used for,
• being supplied with the accessories, instructions and support you can reasonably expect,
• matching any trial version or preview we showed you,
• being of the quality and having the features that are normal for software of that kind, taking into account any public statement we made about it, and
• being kept in that condition through updates, for the period set out below.

We can only supply something less than that if we told you clearly and separately before you bought, and you accepted it separately. Small print does not count.

If something is wrong

If the software is not what it should be, you can ask us to put it right, free of charge and without significant inconvenience to you. We will do that within a reasonable time of you telling us.

If we cannot put it right, or we do not do it within a reasonable time, or the same fault keeps coming back, or the problem is serious enough that waiting is not reasonable, you can ask for a price reduction or you can end the agreement. Ending it is not available where the fault is minor, and it is on us to show that a fault is minor, not on you to show that it is not.

Where you end an agreement for digital content or a digital service:

• We refund what you paid for any period the software was not supplied as it should have been, and for any period after the agreement ends.
• We refund without undue delay, and in any case within 14 days of you telling us, using the same means of payment you used, at no cost to you.
• We stop using content you provided or created with the service, except where we still need it to comply with the law, and we will not use it for anything else.
• At your request, and free of charge, we will make available to you any content you provided or created, in a commonly used, machine readable format, within a reasonable time.

None of this replaces your right to compensation under general Dutch law if a fault causes you loss.

Who has to prove what, and for how long

• For software supplied once, we are responsible for faults that were there at the time of supply and that show up within two years. If a fault shows up within the first year, the law assumes it was there from the start, and it is on us to show otherwise.
• For software supplied continuously, such as CalyCloud or a subscription, we are responsible throughout the period we are meant to be supplying it, and for that whole period it is on us to show that the software was in order.
• Dutch law does not cut you off after two years. If a machine or its software should reasonably have lasted longer, you can still hold us to that. You should tell us within two months of noticing a problem (article 7:23 of the Dutch Civil Code), and telling us promptly is always the safest course.

Your remedies for hardware and for CalyOS on the machine follow the sale of goods rules and are described on our Warranty page.

Cancelling within 14 days

For anything you buy from us at a distance, such as through this website, you will have 14 days to change your mind, without giving a reason, under the distance selling rules in articles 6:230g and following of the Dutch Civil Code. Our Terms of Service explain how to use that right.

There is one point specific to software. If you buy digital content that is not on a physical medium, for example a download or an immediate service activation, and you ask us to start straight away, you lose the right to withdraw once we have started, but only if you asked for that expressly and we confirmed that you understood you were giving the right up (Directive 2011/83/EU, article 16(m)). We will always ask for that separately and record it. If we do not, you keep the full 14 days.

Buying a machine with CalyOS on it is a purchase of goods, so the 14 day right will apply to the whole purchase in the normal way. Using the machine to check that it works does not cost you the right, although you are responsible for any loss in value caused by handling it beyond what is needed to check it.

What the licence grants you

When you buy a Calyraen machine, we grant you a personal, non-exclusive licence to use CalyOS on that machine. In plain terms, you may:

• Use CalyOS on the machine it came with, for as long as you own the machine. It is not time limited and it does not expire.
• Use it for private or business purposes, on any number of the machine's user accounts, subject to any limits stated at purchase for server editions: [any per-machine or per-user limits confirmed at purchase].
• Reinstall it, restore it and recover it as often as you need, including from our recovery media.
• Make copies for backup and disaster recovery of that machine.
• Receive updates as described below.
• Run virtual machines on Calyraen hardware you own, including further copies of CalyOS on that hardware.
• Pass the licence on with the machine. If you sell the machine or give it away, CalyOS goes with it and the new owner steps into your place. You do not need our permission and you do not pay us a fee. You must not keep a copy running on other hardware afterwards.

Where a part of CalyOS is open source, that component has its own licence. Where that licence gives you more than this one does, it is the open source licence that counts for that component.

What the licence does not allow

You may not:

• Install CalyOS on hardware that we did not build, or run it on someone else's hardware or on a hosted platform that is not ours, unless we have agreed that in writing.
• Sell, rent, lend or grant a sub-licence for CalyOS on its own, separately from the machine it came with.
• Copy or distribute CalyOS other than as this licence allows or as the law permits.
• Remove or alter copyright notices, licence notices, trade mark notices or attribution in the software.
• Get around technical measures that enforce this licence, except where the law expressly allows it.
• Use the Calyraen name, our product names or our logos for your own products or marketing without our written permission.
• Use our software to break the law, or to attack, disrupt or gain unauthorised access to any system.

Restrictions like these are ordinary in software licences. They do not touch the rights described under "Rights you keep whatever the licence says", and they do not touch your consumer rights.

Who owns what

You own the machine. We keep the copyright and the other intellectual property rights in CalyOS, in our firmware and in CalyCloud, and for open source components those rights stay with whoever holds them. Buying a machine gives you the licence set out above. It does not transfer ownership of the software to you, and it does not need to.

How long the licence lasts, and when it can end

The licence for CalyOS on a machine you own runs for as long as you own the machine. There is nothing to renew.

We would only end that licence in the case of a serious breach of the terms above, and only after we have told you what the problem is and given you a fair chance to put it right, unless the breach is one that cannot be put right. If you are a consumer, we can only do this where Dutch law allows it.

If the licence for CalyOS ever ends, that does not affect your ownership of the hardware, your legal guarantee rights, or any refund or repair you are already owed. We will not disable a machine you own remotely because of a licence dispute.

A CalyCloud account or any subscription is separate. The terms for ending those are in the agreement for that service and in our Terms of Service.

Rights you keep whatever the licence says

Some rights over software belong to you by law and cannot be taken away by a licence. They come from Directive 2009/24/EC on the legal protection of computer programs and, in the Netherlands, from the Auteurswet (Dutch Copyright Act). If you have lawfully acquired the software, you may:

• Copy and adapt it as far as you need to use it for its intended purpose, including correcting errors (article 45j Auteurswet).
• Make a backup copy where that is needed for your use of it (article 45k Auteurswet).
• Observe, study and test how it works, while you are running it normally (article 45l Auteurswet).
• Decompile it where that is needed to make it work with other software, within the conditions the law sets (article 45m Auteurswet).

We do not ask you to waive any of these, and nothing above should be read as trying to.

Updates

Updates are not a favour. For software supplied with a machine, and for digital content and services, EU law requires us to supply updates, including security updates, and to tell you about them. The duty comes from article 7(3) of Directive (EU) 2019/771 for goods with digital elements and from article 8(2) of Directive (EU) 2019/770 for digital content and services.

How long we supply them

• For CalyOS and firmware on a machine you bought, we supply updates for as long as you can reasonably expect, given the type of machine, what it is for and what we said when you bought it. That period can never be shorter than the two year legal guarantee.
• For CalyCloud and any subscription, we supply updates for the whole period we are supplying the service.
• We will publish a stated support period for each CalyOS edition and for each machine: [support period for each CalyOS edition]. Where that stated period is longer than the legal minimum, it is a promise on top of your legal rights, never a replacement for them, and it does not shorten anything the law gives you. The same point applies to the hardware guarantee on our Warranty page: two years is the legal floor, and any longer commercial guarantee sits on top of it and is confirmed per product.

What we will and will not do with an update

• We will tell you when an update is available, what it changes and why it matters, and we will give clear instructions for installing it.
• Security updates will be identified as such.
• We will not use an update to take away a feature your machine already has, unless we have to remove it for security or legal reasons. If that happens, we will say plainly what was removed and why.

If you do not install an update

Installing updates is your choice. If we made an update available, told you about it and gave you correct instructions, and you did not install it, we are not responsible for problems that are caused only by that update being missing. We are still responsible if our instructions were wrong, missing or hard to follow, and we are still responsible for everything else.

Changes to the software beyond fixing faults

We may change CalyOS or a service beyond what is needed to keep it in conformity only where all of the following are true, as required by Directive (EU) 2019/770:

• the agreement allows it and gives a valid reason for it,
• the change costs you nothing extra, and
• we tell you clearly and in good time, on a durable medium, what is changing and when.

If such a change makes the software worse for you in more than a minor way, you may end the relevant agreement free of charge within 30 days of being told, or of the change taking effect, whichever is later. You do not have that right if we let you keep using the software as it was, without extra cost and without loss of conformity.

Open source components

CalyOS is built partly on open source software, and we are glad of it. Components are used under licences such as the GNU General Public License, the GNU Lesser General Public License, the MIT License, the BSD licences, the Apache License 2.0 and others.

• For each of those components, the open source licence applies, not this one. Where an open source licence gives you more freedom than this licence, the open source licence is what counts for that component.
• The full list of components, their licences and the required notices ships with the software and can be read at [location of the open source notices in CalyOS]. We will also send you a copy on request.
• Where a licence such as the GPL or LGPL requires us to make the corresponding source code available, we will provide it for the components concerned, for at least as long as that licence requires. Write to [open source and source code request address]. Where the licence permits, we may charge no more than what it actually costs us to provide it.
• We do not claim ownership of those components, and nothing in this licence restricts your rights under their licences.

If you believe we have got an attribution or a source offer wrong, please tell us and we will fix it.

Software supplied in exchange for personal data

Directive (EU) 2019/770 also applies where a consumer pays with personal data rather than money. If we ever offer software or a service at no charge in return for personal data, the conformity rules and remedies above apply to it in the same way, and your rights under the GDPR (Regulation (EU) 2016/679) apply on top.

The exception in that directive for free and open source software still stands: components distributed under a free and open source licence, where you pay nothing and we use no personal data beyond what is needed for security, compatibility or interoperability, sit outside those rules and under their own licence.

Personal data and the software

CalyOS and CalyCloud process personal data. Our Privacy Policy sets out the controller, the purposes, the legal basis for each purpose, retention, recipients, international transfers, your rights and how to complain to the Autoriteit Persoonsgegevens.

Two points belong here:

• Where CalyOS stores information on, or reads information from, your device for anything that is not strictly necessary to deliver the service you asked for, such as optional diagnostics or product analytics, we ask for your consent first. That is required by article 5(3) of the ePrivacy Directive 2002/58/EC and article 11.7a of the Dutch Telecommunicatiewet. You can change your answer in the system settings at any time, and refusing does not stop the machine working.
• Security and update checks that are needed to keep the software safe and in conformity are part of what you bought, and we do those to meet our legal obligations and our contract with you.

Privacy questions go to [privacy contact address], or through our contact page.

Business customers

If you are buying in the course of a trade, business or profession, you are not a consumer. The consumer protections above are not yours to rely on. Your rights come from the contract we sign with you and from the general rules of the Dutch Civil Code.

Fleet deployments, OEM and embedded use, redistribution of CalyOS on machines you build with us, and any right to use CalyOS on non-Calyraen hardware are dealt with in a separate written agreement. If you need one, ask us before you deploy, not after.

Liability

We do not limit or exclude any liability that Dutch law does not allow us to limit. That includes liability for death or personal injury, for intent or gross negligence, for consumer rights that cannot be waived, and liability under the product liability rules (article 6:185 and following of the Dutch Civil Code). Directive (EU) 2024/2853 brings software into those rules as a product in its own right, for products placed on the market from 9 December 2026.

Beyond that, the limits that apply are the ones in our Terms of Service, in the licence agreement supplied with the software, or in your written business agreement.

We also expect the Cyber Resilience Act, Regulation (EU) 2024/2847, to shape how we ship and support software. Its reporting duties for actively exploited vulnerabilities apply from 11 September 2026 and its main obligations from 11 December 2027. We are building toward it rather than claiming compliance with it now.

Governing law, courts and complaints

This licence and any dispute about it are governed by Dutch law.

If you are a consumer living in another EU or EEA country, article 6 of the Rome I Regulation (Regulation (EC) No 593/2008) means you keep the protections of the mandatory consumer law of the country you live in. Choosing Dutch law does not take those away.

The competent court is the Dutch court for the place where we are established, [registered address]. If you are a consumer, article 18 of Regulation (EU) No 1215/2012 means you may also bring a claim in the courts of the country where you live, and we may only bring a claim against you there.

If something goes wrong, please tell us first through our contact page. We would rather fix it than argue about it, and we will confirm receipt and tell you what we are doing.

• If we cannot sort it out between us, you may be able to use an approved alternative dispute resolution body under Directive 2013/11/EU. Where Calyraen is a member of such a scheme, it will be named here: [name of the certified ADR body, if Calyraen joins one].
• The European Commission's online dispute resolution platform stopped operating on 20 July 2025 under Regulation (EU) 2024/3228, so it is no longer a route. Our Terms of Service say the same.
• Consumers in the Netherlands can get free guidance from ACM ConsuWijzer. Consumers elsewhere in the EU can contact their national European Consumer Centre.
• Complaints about how we handle personal data can go to the Autoriteit Persoonsgegevens, the Dutch data protection authority.

Changes to this page

We may update this page when our software, our products or the law changes. We will update the date at the top. Where a change affects your rights under an agreement you already have, we will tell you directly and, where the law requires it, give you the option to end the agreement.

Getting a copy, or asking a question

• Ask for a copy of the licence that applies to you, or any question about it, through our contact page or the Help Centre.
• Sign in to your account to see what is registered to you.
• Read the Warranty page for the legal guarantee on hardware and CalyOS, the Terms of Service for the rules on buying, and the Privacy Policy for how we handle personal data.

If you are not sure which terms apply to you, ask. We would rather answer than have you guess.