RailKernel

RailKernel License Agreement and Terms of Use

Please read this agreement carefully before installing or using RailKernel. By accepting it or using the software, you agree to these terms.

1. Parties and scope

This agreement is between you, the user of the software, and Theo Geleijn, developer and operator of RailKernel, referred to in this agreement as “RailKernel”. It governs the RailKernel desktop application, its accompanying components, updates and associated online services unless separate terms expressly apply.

If you do not agree to these terms, do not install, activate or use RailKernel.

2. License grant

RailKernel grants you a limited, non-exclusive, non-transferable and revocable right to install and use the software in accordance with the license issued to you. A personal license may be used by the named license holder on that person’s own computers and supported operating systems.

A license does not transfer ownership of RailKernel or any part of its source code, design, databases, documentation or other intellectual property.

3. Evaluation, editions and license limits

RailKernel may be offered as an evaluation edition or in paid editions with different limits and functions. The applicable edition, validity period, number of trains and other entitlements are determined by the license file, order confirmation or current licensing information supplied with the product.

An evaluation license is intended for testing. It may expire automatically and may restrict functions or capacity. Paid licenses may be personal, club or commercial licenses. Club, exhibition or commercial use requires the appropriate license or prior written agreement with RailKernel.

4. Permitted use and restrictions

You may make reasonable backup copies of your license file, configuration and projects. You may not sell, sublicense, lend, publish, share or transfer a personal license or license key, nor enable another person to impersonate the license holder.

You may not distribute RailKernel or modified copies, remove ownership notices, circumvent license controls, or use the software or services unlawfully. Reverse engineering, decompilation or inspection is prohibited only to the extent permitted by applicable law; statutory rights concerning interoperability, backup copies, observation, study or testing remain unaffected.

5. Model railway safety

RailKernel controls physical equipment. Incorrect layouts, routes, addresses, wiring, feedback information, command-station data, defective hardware or software errors can cause trains or accessories to move unexpectedly and may damage rolling stock, track, scenery or other property.

You remain responsible for the safe construction, configuration, testing and operation of the railway. Test changes at low speed, supervise automatic operation until it has proved reliable, keep an emergency stop available and never rely on RailKernel as a safety-critical system. RailKernel is not intended for carrying people, public transport, industrial control or any safety-critical application.

6. Your projects, privacy and optional sharing

Your layout projects and operational data remain yours. RailKernel does not acquire ownership of them merely because they are created, opened or processed by the software.

Anonymous usage statistics and anonymous layout sharing are optional and can be disabled. Personal data used for licensing, support or online services is processed for those purposes and is not sold. Additional details may be provided in a separate privacy notice.

7. Third-party products and content

Names, trademarks, manuals, images, protocols and product information belonging to manufacturers or other third parties remain their property. Their presence in RailKernel does not imply sponsorship or endorsement unless expressly stated.

Connections to command stations, websites, databases and other third-party systems depend on products and services outside RailKernel’s control. Their availability, compatibility and behaviour may change.

8. Updates and online services

RailKernel may provide corrections, improvements, catalogue data, translations and other updates. Features and supported integrations may be changed, added or removed when reasonably necessary for security, compatibility, maintenance or product development.

Online services may be interrupted for maintenance, security incidents, network failures or circumstances outside RailKernel’s control. Unless expressly included in your license, no particular online service is guaranteed to remain available indefinitely.

9. Conformity and warranty

RailKernel is developed and tested with care, but complex railway software cannot be guaranteed to be completely error-free or suitable for every layout, device or operating scenario. Documentation, previews, simulations and route calculations do not replace physical verification by the operator.

Nothing in this agreement excludes statutory rights that cannot legally be excluded, including applicable consumer rights concerning digital content and services. Any disclaimer or limitation in this agreement applies only to the maximum extent permitted by law.

10. Liability

To the maximum extent permitted by law, RailKernel is not liable for indirect or consequential loss, loss of data, loss of profit, loss of use or damage resulting from unsafe configuration, unsupported hardware, third-party failures or operation contrary to the documentation and warnings.

Where liability may lawfully be limited, RailKernel’s aggregate liability arising from the software or a license is limited to the amount paid for the affected license. This limitation does not apply where liability cannot be limited, including liability caused by intent or deliberate recklessness, or mandatory liability for death or personal injury.

11. Orders, payment and withdrawal rights

Prices, duration, renewal conditions and payment instructions are stated on the licensing page or in the order confirmation. A license is issued after the applicable order and payment requirements have been satisfied.

Refunds, remedies and withdrawal rights are governed by the applicable order terms and mandatory consumer law. Nothing in this agreement removes a statutory right of withdrawal, conformity, repair, price reduction or refund. Where immediate delivery of digital content affects a withdrawal right, any legally required express consent and acknowledgement must be obtained separately during the order process.

12. Suspension and termination

The license ends when its stated validity expires, when you permanently stop using it, or when it is terminated for a material breach that is not remedied within a reasonable period after notice. RailKernel may immediately suspend a license or online access in cases of fraud, unlawful distribution, license-key sharing, security abuse or an urgent threat to the services.

After termination you must stop using the affected licensed functions and must not continue using or sharing the license key. Your own project files remain yours.

13. Changes to this agreement

RailKernel may update this agreement when the product, licensing model, services or law changes. The agreement identifies its version and effective date. Material changes will be presented for renewed acceptance before continued use of the affected version or service.

If you do not accept a materially revised agreement, you may stop using the affected software or service. Rights already acquired under mandatory law remain unaffected.

14. Governing law and contact

This agreement is governed by the laws of the Netherlands. If you are a consumer, this choice does not deprive you of mandatory protection granted by the law of your country of residence. Disputes are submitted to the competent Dutch court unless mandatory consumer law provides another competent forum.

If one provision is invalid or unenforceable, the remaining provisions continue to apply. Questions about licensing or this agreement can be sent to info@railkernel.nl.