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END USER LICENCE AGREEMENT
NOTICE TO ALL USERS: PLEASE CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT
THE COPYRIGHT AND ANY OTHER INTELLECTUAL PROPERTY RIGHTS CONTAINED WITHIN THE SOFTWARE AND/OR DATA THAT CONSTITUTE THIS SOFTWARE PRODUCT ARE AND REMAIN THE PROPERTY OF SONGQUITO UG (HAFTUNGSBESCHRAENKT), FROM HERE ON FORTH CALLED SONGQUITO. THIS LICENCE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU – THE LICENSEE – AND SONGQUITO, LICENSING YOU TO USE THE SOFTWARE AND/OR DATA ONLY IF YOU ACCEPT ALL THE TERMS AND CONDITIONS SET OUT BELOW.
LICENCE ACCEPTANCE PROCEDURE: BY CLICKING THE ACCEPTANCE BUTTON THAT FOLLOWS THIS LICENCE AND/OR USING THE SOFTWARE AND/OR DATA, YOU INDICATE ACCEPTANCE OF THE LICENCE AND THE LIMITED WARRANTY AND LIMITATION OF LIABILITY SET OUT IN THE LICENCE.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT INSTALL THE SOFTWARE AND/OR DATA. YOU SHOULD ALSO DESTROY ANY UNLICENCED COPIES THAT MIGHT BE IN YOUR POSSESSION.
1. Definitions: From here on forth, the term PRODUCT comprises all digital media files software supplied by SONGQUITO herewith. The term PRODUCT shall also include any updates, upgrades or modified versions licensed to Licensee by SONGQUITO.
2. Ownership rights: The software, multimedia data and related documentation are copyrighted works of authorship, and are also protected under applicable database laws. SONGQUITO retains ownership of the PRODUCT and all subsequent copies of the PRODUCT, regardless of the form in which the copies may exist. SONGQUITO does not transfer any title to the intellectual property in the PRODUCT, and Licensee will not acquire any rights to the PRODUCT except as expressly set forth in this Agreement.
3. Licence grant: Provided that Licensee has paid the applicable licence fee, SONGQUITO grants to Licensee a limited, non-exclusive licence to use and copy the PRODUCT for use on his own computer system. Licensee may transfer the PRODUCT from one computer to another over Licensee's network but may not copy it to additional sites over the network or make additional copies for use on additional networks or sites. Under this licence the PRODUCT may only be used on one computer at a time. Licensee may make backup copies of the PRODUCT. The Licensee is under an obligation to keep a record of all the copies he produces, and of their locations. He must present SONGQUITO with this record at any time if there is any suspicion of misuse.
4. Licence restrictions: Licensee may not use, copy, modify or transfer the PRODUCT, or any copy in whole or in part, except as expressly provided for in this licence. Licensee purchased the right to use multimedia data and software for Licensee’s personal use. It is of prime importance that Licensee does not use the multimedia material enclosed in the PRODUCT in isolation. If Licensee transfers possession of any copy of the PRODUCT to another party except as provided above, this licence is automatically terminated. Licensee may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the PRODUCT except as expressly permitted by this Agreement.
5. No transfer: Licensee may not rent, lease or sublicense the PRODUCT, on a temporary or permanent basis. Licensee may, however, transfer all his rights to use the PRODUCT as a whole to another person or entity, provided that Licensee uninstalls the PRODUCT from his computer, does not retain any backup copy of the PRODUCT and transfers this Agreement in combination with the PRODUCT.
6. Limited warranty: SONGQUITO warrants that the PRODUCT will substantially conform to the specification set out in accompanying documentation, minor interruptions or errors excluded. SONGQUITO will only remedy deviations from the specifications providing that the deviation substantially affects Licensee's use of the PRODUCT. SONGQUITO may under such circumstances choose to replace Licensee's copy of the PRODUCT with a new one. The warranty period is six months from delivery unless compulsory provisions of applicable law determine otherwise. SONGQUITO cannot be held responsible for the content and the origin of the multimedia data that are obtained by the Licensee from a third party. SONGQUITO is not accountable for modification or utilisation of these multimedia data by utilization of SONGQUITO’s software instruments and effects by the Licensee.
7. EXCLUSION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SONGQUITO BE LIABLE TO LICENSEE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF SONGQUITO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Term: Licensee may terminate the licence agreement at any time by destroying the PRODUCT together with all copies in any form. It will also terminate upon conditions set forth elsewhere in this Agreement or if Licensee fails to comply with any term or condition of this Agreement. Licensee agrees upon such termination to destroy the Software together with all copies in any form.
9. General: Each party hereby irrevocably agrees that this contract shall exclusively be subject to the laws of Germany. Place of jurisdiction shall be Jena. SONGQUITO can also, however, at its free discretion, open proceedings at the registered address of the licensee. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Licence. This agreement constitutes the complete and exclusive statement of the agreement between SONGQUITO and Licensee with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between the parties relating thereto. All rights not explicitly granted in this agreement are reserved. Any clause in this agreement which is found to be invalid or unenforceable shall be deemed deleted and the remainder of this agreement shall not be affected thereby.
NOTICE TO ALL USERS: PLEASE CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT
THE COPYRIGHT AND ANY OTHER INTELLECTUAL PROPERTY RIGHTS CONTAINED WITHIN THE SOFTWARE AND/OR DATA THAT CONSTITUTE THIS SOFTWARE PRODUCT ARE AND REMAIN THE PROPERTY OF SONGQUITO UG (HAFTUNGSBESCHRAENKT), FROM HERE ON FORTH CALLED SONGQUITO. THIS LICENCE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU – THE LICENSEE – AND SONGQUITO, LICENSING YOU TO USE THE SOFTWARE AND/OR DATA ONLY IF YOU ACCEPT ALL THE TERMS AND CONDITIONS SET OUT BELOW.
LICENCE ACCEPTANCE PROCEDURE: BY CLICKING THE ACCEPTANCE BUTTON THAT FOLLOWS THIS LICENCE AND/OR USING THE SOFTWARE AND/OR DATA, YOU INDICATE ACCEPTANCE OF THE LICENCE AND THE LIMITED WARRANTY AND LIMITATION OF LIABILITY SET OUT IN THE LICENCE.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT INSTALL THE SOFTWARE AND/OR DATA. YOU SHOULD ALSO DESTROY ANY UNLICENCED COPIES THAT MIGHT BE IN YOUR POSSESSION.
1. Definitions: From here on forth, the term PRODUCT comprises all digital media files software supplied by SONGQUITO herewith. The term PRODUCT shall also include any updates, upgrades or modified versions licensed to Licensee by SONGQUITO.
2. Ownership rights: The software, multimedia data and related documentation are copyrighted works of authorship, and are also protected under applicable database laws. SONGQUITO retains ownership of the PRODUCT and all subsequent copies of the PRODUCT, regardless of the form in which the copies may exist. SONGQUITO does not transfer any title to the intellectual property in the PRODUCT, and Licensee will not acquire any rights to the PRODUCT except as expressly set forth in this Agreement.
3. Licence grant: Provided that Licensee has paid the applicable licence fee, SONGQUITO grants to Licensee a limited, non-exclusive licence to use and copy the PRODUCT for use on his own computer system. Licensee may transfer the PRODUCT from one computer to another over Licensee's network but may not copy it to additional sites over the network or make additional copies for use on additional networks or sites. Under this licence the PRODUCT may only be used on one computer at a time. Licensee may make backup copies of the PRODUCT. The Licensee is under an obligation to keep a record of all the copies he produces, and of their locations. He must present SONGQUITO with this record at any time if there is any suspicion of misuse.
4. Licence restrictions: Licensee may not use, copy, modify or transfer the PRODUCT, or any copy in whole or in part, except as expressly provided for in this licence. Licensee purchased the right to use multimedia data and software for Licensee’s personal use. It is of prime importance that Licensee does not use the multimedia material enclosed in the PRODUCT in isolation. If Licensee transfers possession of any copy of the PRODUCT to another party except as provided above, this licence is automatically terminated. Licensee may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the PRODUCT except as expressly permitted by this Agreement.
5. No transfer: Licensee may not rent, lease or sublicense the PRODUCT, on a temporary or permanent basis. Licensee may, however, transfer all his rights to use the PRODUCT as a whole to another person or entity, provided that Licensee uninstalls the PRODUCT from his computer, does not retain any backup copy of the PRODUCT and transfers this Agreement in combination with the PRODUCT.
6. Limited warranty: SONGQUITO warrants that the PRODUCT will substantially conform to the specification set out in accompanying documentation, minor interruptions or errors excluded. SONGQUITO will only remedy deviations from the specifications providing that the deviation substantially affects Licensee's use of the PRODUCT. SONGQUITO may under such circumstances choose to replace Licensee's copy of the PRODUCT with a new one. The warranty period is six months from delivery unless compulsory provisions of applicable law determine otherwise. SONGQUITO cannot be held responsible for the content and the origin of the multimedia data that are obtained by the Licensee from a third party. SONGQUITO is not accountable for modification or utilisation of these multimedia data by utilization of SONGQUITO’s software instruments and effects by the Licensee.
7. EXCLUSION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SONGQUITO BE LIABLE TO LICENSEE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF SONGQUITO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Term: Licensee may terminate the licence agreement at any time by destroying the PRODUCT together with all copies in any form. It will also terminate upon conditions set forth elsewhere in this Agreement or if Licensee fails to comply with any term or condition of this Agreement. Licensee agrees upon such termination to destroy the Software together with all copies in any form.
9. General: Each party hereby irrevocably agrees that this contract shall exclusively be subject to the laws of Germany. Place of jurisdiction shall be Jena. SONGQUITO can also, however, at its free discretion, open proceedings at the registered address of the licensee. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Licence. This agreement constitutes the complete and exclusive statement of the agreement between SONGQUITO and Licensee with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between the parties relating thereto. All rights not explicitly granted in this agreement are reserved. Any clause in this agreement which is found to be invalid or unenforceable shall be deemed deleted and the remainder of this agreement shall not be affected thereby.