EMX Client Software End User License Agreement (EULA)
General
All intellectual property rights in the software belong to Siremix GmbH (hereinafter: "Siremix") and its suppliers. Siremix permits you only to copy, download, install and use the software in accordance with the terms and conditions of this Agreement. For the use of the Product may be the creation of an account with Siremix for the product registration and product activation necessary. The product may contain product activation for protection against unlawful copying which permits a permanent use of the software only after the activation process has been totally completed. The software can be used only together with the USB-Digital-Licenser and/or the Soft Digital-Licenser; the OEM software may be used only following registration and Trial Version Software can be used only for a running time of 30 days. In general, you are only entitled to support and the right to upgrades or updates following a personal product registration; however, not for Trial Version Software. Certain software may require for installation and use a software download. Internet access is required for the creation of an account with Siremix, software download, the activation process, personal product registration and other functions including data exchange with Siremix. You can gather the respective requirements for the use of the product from the Siremix product description (e.g. packing, enclosed documentation).
The terms and conditions for use of Siremix software / hardware by you, the end user (hereinafter termed "Licensee") appear below. By installing the software on your computer you agree to these terms and conditions. Please read the following text carefully in its entirety. If you do not approve these terms and conditions, you must not install this software.
In this event give back the product back to where you have purchased it (incl. all written material, the complete undamaged packing as well as the enclosed hardware) immediately but at the latest within 14 days in return for a refund of the purchase price.
1 Definitions
1.1 "Software" includes (i) software files and other computer information of Siremix and third parties, (ii) demo songs and audio and video files contained therein, (iii) written and electronic documentation (manual) belonging thereto and (iv) all modified versions and copies, which are provided by Siremix in the form of updates, upgrades, patches and enhancements of Siremix provided that these are not regulated by another agreement.
1.2 The software and all authorized copies of this software which you make are the intellectual property of Siremix GmbH (hereinafter: "Siremix") and their suppliers. The structure, organization and code of the software constitute valuable trade secrets of Siremix and their suppliers. The software is legally protected in particular by the copyright law of the Federal Republic of Germany and other countries as well as by international treaties.
2 Grant of License
2.1 Siremix grants you a non-exclusive license for the use of the software according to the terms and conditions of this Agreement. You may not lease, loan or sublicense the software; unless the granting of such right is specified as a supplement to this EULA on the software medium (CD/DVD) and/or on the invoice. Please keep these media and documents as proof of licensing.
2.2 If the software is protected by the Digital-Licenser, you may install a license for the software on one or at most 3 computers which are in your possession. The software may be used only on one of the computers at the same time by using the Digital-Licenser.
2.3 The use of the software within a network is illegal where there is the possibility of a contemporaneous multiple use of the program.
2.4 You are entitled to prepare a backup copy of the software which will not be used for purposes other than storage purposes.
2.5 You shall have no further right or interest to use the software other than the limited rights as specified in this Agreement. Siremix and their suppliers reserve all rights not expressly granted.
2.6 The software may contain functions for which Siremix offers additional services, without charge or subject to fees, possibly according to separate terms of use. Siremix reserves the right to modify or terminate such services.
3 Account Creation, Activation and Registration of the Software
3.1 Siremix may use a compulsory creation of an account with Siremix, activation and product registration of the software for license control to protect the software against unlawful copying. The software may require a software download via internet for installation and use. If you do not accept the terms and conditions of this Agreement, the software will not work.
3.2 At the creation of an account with Siremix you are asked to agree to the storage and use of your personal data (name, address, contact, email-address) and at the product registration within your account to the license data for the purposes specified above. Siremix may also forward these data to engaged third parties, in particular distributors, for support purposes and for the verification of the upgrade or update right.
4 Support, Upgrades and Updates after Product Registration
4.1 You as licensee can only receive support, upgrades and updates following the personal product registration. Support is provided only for the current version and for the previous version during one year after publication of the new version. Siremix can modify, regulate separately for special and multiple licenses and partly or completely adjust the extent of the support (hotline, on the website etc.), upgrades and updates at any time.
4.2 The software may also include functions (e.g. Auto Update Client) to determine the most appropriate product version for the computer you are using when downloading. The data will be used anonymously also for general statistical surveys to improve our services. The exchanged information may include the following details of the used computer: used downloader and installer programs, operating system version and set language, which product will be installed from which source, free space, comparison of Windows and product version (32 or 64 bit), geolocation (IP-based) and time stamp.
5 License module (USB-Digital-Licenser /or Soft Digital-Licenser)
5.1 Siremix uses a hardware device connected through the USB connection of a computer (hereinafter "USB-Digital-Licenser") and/or a protection scheme (hereinafter "Soft Digital-Licenser") for license control (hardware and/or software licenser) in the case of many products. The USB-Digital-Licenser and/or Soft Digital-Licenser permanently saves the license information and regulates access to the software. If a USB-Digital-Licenser is required for the use of the software, then the USB-Digital-Licenser must be connected physically to the computer through the USB interface.
6 Defect and loss of the USB-Digital-Licenser
6.1 In the case of a defect or damage to the USB-Digital-Licenser Siremix or a third party engaged by Siremix will check the USB-Digital-Licenser. In the case of a legitimate claim the USB-Digital-Licenser and the licenses included shall be replaced in return for a handling fee.
6.2 If the USB-Digital-Licenser is mislaid as a result of loss, theft or otherwise, Siremix will replace upon notification of the registered user the USB-Digital-Licenser and the licenses against a handling fee. Siremix assumes no liability or obligation if the USB-Digital-Licenser is mislaid as a result of loss, theft or otherwise. Siremix reserves the right to block the licenses saved on the USB-Digital-Licenser upon being notified by the registered user of the loss.
7 Modification of the software
7.1 A modification of the software is permitted only insofar as far as the software is capable of such modification in accordance with its intended function. You may not decompile, disassemble, carry out reverse engineering or try in another manner to determine the source code of the software, unless this is permitted by law. Furthermore, you must not modify the binary code of the software to bypass in any manner the activation function or the use of the license module (USB-Digital-Licenser and/or Soft Digital-Licenser).
8 No Unbundling
8.1 The software usually contains a variety of different files which in its configuration ensure the complete functionality of the software. The software may be used as one product only. It is not required that you use or install all components of the software. You must not arrange components of the software in a new way and develop a modified version of the software or a new product as a result. The configuration of the software may not be modified for the purpose of distribution, assignment or resale.
8.2 You may also not sell the USB-Digital-Licenser separately as a license; the usage rights always remain with the software, in particular with the original software data carrier (e.g. CD).
9 Assignment of Rights
9.1 You may assign all your rights to use the software to another person subject to the conditions that (a) you assign to this other person (i) this Agreement and (ii) the software or hardware provided with the software, packed or preinstalled thereon, including all copies, upgrades, updates, backup copies and previous versions, which granted a right to an update or upgrade on this software, (b) you do not retain upgrades, updates, backup copies und previous versions of this software and (c) the recipient accepts the terms and conditions of this Agreement as well as other regulations pursuant to which you acquired a valid software license.
9.2 A return of the product due to a failure to accept the terms and conditions of this Agreement, e.g. the product activation, shall not be possible following the assignment of rights.
10 Upgrades and Updates
10.1 You must have a valid license for the previous or more inferior version of the software in order to be allowed to use an upgrade or update for the software. Upon transferring this previous or more inferior version of the software to third parties the right to use the upgrade or update of the software shall expire.
10.2 The acquisition of an upgrade or update does not in itself confer any right to use the software.
10.3 The right of support for the previous or inferior version of the software expires upon the installation of an upgrade or update. At an upgrade the later version can have a modified functional range, for example, functions may be added, modified or dropped.
11 Limited Warranty ("Gewährleistung")
11.1 The warranty ("Gewährleistung") for you as first buyer of the software located within the European Union (EU) is specified in Subsection 11.2 and the warranty for you as first buyer of the software located outside the EU is specified in Subsection 11.3 of this Agreement.
11.2 Limited Warranty within the EU: In the event that you as a first buyer of the software are located within the EU, the following limitation of liability shall apply.
11.2.1 If Siremix has sold the software directly to you as an end user, Siremix warrants ("gewährleistet") that the software essentially executes the functions described in the enclosed documentation upon receipt, provided that the software is employed in accordance with the minimum requirements for the operating system, computer hardware and loudspeakers. Insignificant divergences from the functions described in the documentation do not give rise to any warranty claim. Other documents and statements are unremarkable for the composition of the product.
11.2.2 If the user is consumer within the EU, the statutory warranty ("Gewährleistung") to defects of the product shall apply.
11.3 Limited Warranty outside the EU: In the event that you as a first buyer of the software are located outside the EU, the following limitation of liability shall apply.
11.3.1 Siremix ensures ("gewährleistet") to the person who acquires first-time the license for the use of the software according to this Agreement, for the duration of ninety (90) days as of receipt of the software, that the software executes essentially the functions described in the enclosed documentation at receipt, provided that the software is employed according to the minimum requirements for the operating system, computer hardware and loudspeakers. Insignificant differences of the functions described in the documentation do not justify any warranty claim. Other documents and statements are insignificant in terms of the quality of the product.
11.3.2 If the software does not essentially fulfill the functions described in the documentation, your only warranty claim against Siremix and Siremix's only obligation consists in an exchange of the software or a refund of the selling price at the discretion of Siremix.
11.3.3 Further warranty obligations according to the laws of your country remain unaffected. However, there exists no warranty for Trial Version Software.
12 Limitation of Liability
12.1 Except for the aforementioned rights Siremix or Siremix's authorized distributors assume no liability for loss, damages, claims or costs of any type, direct or indirect damages including consequential damages arising from business interruptions, injuries to persons, or lack of due care or claims of third parties, even if a representative of Siremix was informed about the possibility of such losses, damages, costs or claims. This limitation shall apply also in the event of a fundamental breach of this Agreement.
12.2 The total liability of Siremix and its distributors in the context of this Agreement shall be limited to the amount which was paid for the software, if any.
13 Final Provisions
13.1 This Agreement constitutes the entire understanding of the subject matter between the parties. Subsidiary agreements have not been concluded.
13.2 If any stipulation of this Agreement should be or become invalid, in whole or in part, this shall not affect the validity of the remaining stipulations. The invalid stipulation shall be deemed to be replaced by the parties with a valid regulation which comes as close as possible to the commercially desired purpose originally intended for the ineffective provision; the same shall apply in the case of a lacuna.
13.3 This Agreement shall be governed and construed by the laws of the Federal Republic of Germany and the UN Convention on the International Sale of Goods (CISG) shall not apply.
13.4 The exclusive place of jurisdiction with respect to all disputes based on or in connection with this Agreement shall be Berlin. Siremix can bring an action against you at your general place of jurisdiction.
Last Updated on 21 March, 2020
