UltraMixer – Licence Agreement for End-User
IMPORTANT: Please read this agreement before using your UltraMixer DJ software.
This document is a legal agreement between you (as a single person or company) and “OneXip GmbH” partnership under the Civil Code (called OneXip in the following text). By using the software you agree to the conditions of this licence agreement.
IN CASE YOU DO NOT AGREE WITH THE CONDITIONS AND REGULATIONS OF THIS LICENCE AGREEMENT, WE KINDLY ASK YOU TO DESTROY THE SOFTWARE PACKAGE AND ALL FURTHER COMPONENTS THAT BELONG TO THE PRODUCT.
LEGAL TITLE TO PROPERTY: The software and all accompanying documentation are the property of OneXip and its licensers. Software and documentation are protected by national law and international agreements. The legal title to property for the software and all its copies, modifications, translations and combinations (also of its parts) belongs to OneXip and its licensers at all times.
1. TERMS AND CONDITIONS
1. 1 TYPES OF LICENCE
(a) “UltraMixer Professional”: The purchase of a licence for “UltraMixer Professional” authorizes individual persons and organisations for private, public and commercial use of this software.
1.2 TRANSFER OF LICENCE
The software and possible accompanying documentation are transferred to you on the basis of a licence. This licence gives you the right to use the software according to this licence agreement only. The use of the software on a computer is assumed as soon as the software is loaded in the temporary random access memory of the computer or as soon as the software is installed on the hard drive. This licence must not be surrendered or tranferred without the previously written agreement of OneXip. Any transfer that is not agreed to is invalid.
You are only permitted to use ONE single copy of the software on a computer which is either your property or which you rented. In case the software is provided by a network, the use is only permitted on ONE assigned computer. As soon as the software is used on ONE assigned computer, it must not be used on any further computer without having acquired additional licences before. All copies of the software need to be provided with indications to copyright, trademarks and patents of OneXip.
The licence is granted to you personally. You must not let another person have the software or the accompanying documentation as ancillary licence, neither are you permitted to hire or sell the software and its accompanying documentation or to transfer them in any other way. As a single person you are permitted to use the software for your personal needs only, as a company you are permitted to use the software for internal business only.
BACKUP COPY: In addition to the number of admissible copies according to this licence agreement you are permitted to create one single copy of the software for backup reasons only.
UPDATES AND SUPPORT: Even though OneXip offers updates on its website http://www.ultramixer.com there are no legal claims for these updates. The same is true for free technical support.
PERIOD TO RUN: This licence becomes valid with the ratifification of this licence agreement and it stays valid until its cancellation. You are able to cancel the licence and the licence agreement at any time by destroying the software and the accompanying documentation as well as any copies.
2. ILLICIT USE
You must not (a) copy, edit, modify or transfer the software or the accompanying documentation or (b) compile, create a reverse programming, dissassemble, decompile or change the software in any other way by reverse engineering.
3. LIMITS TO GUARANTEE
(a) OneXip does not assume any guarantees for software products of third parties which are a component of this software; OneXip does transfer all guarantees of owners or licenser to you to the degree to which the owner or licenser grants this.
(b) OneXip does not assume any guarantee and responsibility for software which was modified, damaged, used in a careless way or which was used in any other way than determined in this licence or in the software and possible accompanying documentation.
(c) The whole liability of OneXip and your sole legal claim according to this limit of guarantee consists of the repair or the replacement of any software that does not fulfill the regulations of this limit of guarantee. In such cases OneXip reserves the option to refund the full price of the product.
(d) This guarantee is given instead of any other guarantees, and it exludes any other guarantees that are not mentioned either explicitly or implicitly; this includes – but is not limited to – guarantees for reasons of sales promotion or suitability for a certain purpose as well as guarantees which result in accordance with ordinary trade usage.
(e) This guarantee grants certain legal claims to you. Maybe, additional claims apply to you as well; this might differ from country to country.
(f) In case you miss the electronic registration and clearing to which the software enables you, OneXip might not be able to offer any updates or support for the software; in this case you bear all risks with regard to the performance of the product, and with regard to the results which you achieve with this product.
4. LIMITS OF LIABILITY
(a) Claims for damage due to a service being impossible or due to default at the time of conclusion of the contract and claims in tort are precluded against OneXip as well as in relation to its assistants and vicarious agents as long as grossly negligent or wilful misconduct cannot be proved.
(b) The liability of OneXip regarding the software does under no circumstances exceed the licence fee, which you paid for the software. Except for the refund of the price according to the limits of guarantee neither OneXip nor its suppliers can be hold liable for any damage caused by whatever reason. This regulation includes damage caused by the use or misuse of the software, including – but not limited to – direct, indirect or special damage, accidental or subsequent damage caused by the loss of profit, interruption of the course of business or other financial losses. These regulations also apply in case OneXip was informed about the possibility of such damage, no matter whether the liabilty is based on a contract, breach, guarantee or any other legal regulation. As not all places of jurisdiction permit the exclusion or limitation of liabilty for subsequent damage respectively accidental damage, the limitations mentioned above might not apply to you.
5. NO WAIVE OF LEGAL CLAIMS
The neglect of any party to the agreement to insist on the fulfilment of a certain part of this agreement in any situation does not equal a waive of legal claims regarding this agreement. In this situation, the party to the agreement might insist on the fulfilment of all remaining regulations of the agreement and might still demand its fulfilment – in part or as a whole – in any other situation.
6. FURTHER REGULATIONS
(a) Modifications and supplements of this agreement including this proviso require to be written. There are no additional oral understandings. General terms and conditions of the licensee are no part of this agreement, and they are not valid for this contractual relationship.
(b) Should any regulation of this agreement be or become ineffective or impracticable, without making the achievement of the aim of this agreement impossible, the effectiveness of all other regulations is not affected. The ineffective or impracticable regulation is to be replaced by a permissible regulation, which equals the ineffective regulation in economic concerns. Both parties to the agreement need to consent to the permissble regulation.
(c) The law of the Federal Republic of Germany applies to this contract. To retailers as licensees the place of jurisdiction is the residence of the licenser.
UltraMixer is developed by:
Am Waldschloesschen 2
(c) 2002-2017 OneXip GmbH. All rights reserved.