The following definitions shall apply to this license agreement:
"Music Maker Jam (MMJ)"
refers to the product licensed under this agreement,
consisting of Software and, if applicable, additional
"Software" refers to the
computer program in object code format contained within
MMJ, including all updates and upgrades, with the
exception of provided Contents.
Within this agreement,
"Contents" refers to those
Contents which are included in MMJ in addition to the
Software, such as music files, video files and photo
files, as well as other sounds and templates that
contain such files. Such Contents are available for free
or are fee-based.
Within this agreement,
refers to those Contents which have been created by a
user with MMJ.
- "Commercial Use", for the purpose of this agreement, constitutes any commercial use and any use of the Software or Contents for the direct or indirect purpose of financial benefit (e.g. by means of sale, licensing, advertising, etc.).
2. Contract purpose
Under the conditions laid out in this agreement, JAM
grants MMJ users the non-exclusive and non-transferable
right to use MMJ. JAM retains ownership, copyright and
other proprietary rights related to MMJ. The user
acknowledges JAM's ownership as well as all
proprietary rights to the Software, backup copies and
documentation. The user is solely responsible for the
proper contractual use of MMJ. The Code of Conduct is an
integral part of this agreement.
- JAM reserves all rights, including those not expressly granted under this agreement.
3. Using the Software and Contents for commercial purposes
The Software may be used solely for non-commercial purposes.
a) The contents may be used solely for non-commercial purposes. This also applies to music, video or photo data as well as the corresponding templates acquired through or by means of JAM Products.
b) A transfer to third parties for commercial purposes (e.g. within the scope of contractual work) is not permitted.
c) Exploitation of Contents outside the scope of personally created work, i.e. separate from the work results achieved with the Software, is prohibited in all cases.
4. Prohibition to copy and rent; amendment prohibition
MMJ cannot be commercially rented out or commercially
lent in any other form to a third party in exchange for
- In accordance with §§ 69d & e UrhG (German Copyright Act), the user may not make any changes to the licensed software, personally or by third parties. The user may not disassemble the Software into its components, nor modify the object code, decode, copy or use it in any way other than that foreseen in the contract.
5. User Accounts
Registration is required in order to use MMJ or ensure
that specific functions are running properly. The user
is responsible for the general use and security of their
- The user account may be temporarily or permanently blocked if JAM deems that the user has violated this agreement or the Code of Conduct.
6. Virtual currency and virtual goods
- Virtual currencies ("Beatcoins") or items or services
for use in MMJ ("Virtual Goods") may be provided in MMJ
free of charge or for a fee. Beatcoins and virtual goods
may be used solely in MMJ. Beatcoins are divided into
paid and free Beatcoins. Free Beatcoins lose their
validity 12 months after issuance and are then deleted.
Chargeable Beatcoins lose their validity 24 months after
issuance and are then deleted. Users will be notified
two months before the expiration of the paid
Beatcoins or virtual goods that have been acquired
cannot be exchanged for real money, real goods or real
services. Beatcoins and/or virtual goods can only be
purchased via JAM. Beatcoins and virtual goods are not
transferable. Fee-based offers may be changed to free
offers at any time and vice versa, free offers may be
changed to fee-based offers. Furthermore, additional
Beatcoins may be distributed to users for free. However,
no legal claim shall exist for this distribution.
A limited individual, revocable license is granted to
the user for the use of Beatcoins or virtual goods.
There are no rights of ownership in relation to
Beatcoins or virtual goods.
Refunds are excluded. The user agrees that the provision
of the service begins immediately upon completion of
purchase and that the right of withdrawal expires at the
same point in time. The purchase of Beatcoins or virtual
goods is complete once the Beatcoins or virtual goods
have been credited to the user’s account. From this
point on, the usage period of 24 months applies.
Invoices can be issued in electronic form.
JAM reserves the right to regulate, modify, remove or
change the price of Beatcoins and virtual goods at any
time. Furthermore JAM reserves the right to regulate the
total amount of Beatcoins or virtual goods that can be
acquired at any one time and/or the acquirable total
amount in user accounts.
User accounts that have been blocked or deleted in
accordance with this agreement will lose all Beatcoins
and virtual goods. Damages and refunds are excluded.
- The use of cheats, bots and other measures for controlling access to Beatcoins and/or virtual goods is forbidden and the user account will be blocked immediately as a result.
7. Guarantee and liability
The user is aware that state of the art Software
programs and associated documentation may contain
errors, and that it is not possible to develop data
processing programs in such a way that they are
error-free for all application conditions and all
customer requirements, or error-free in conjunction with
all third-party programs and hardware. JAM provides no
assurances of particular features and usability related
to planned customer-specific applications.
In case of paid products and services, JAM is only
liable to slight negligible damages incurred by it or
its assistant(s) if a duty is violated, even if it is
extra-contractual, the adherence to which is of special
importance in order to be in compliance with contractual
use (Cardinal duty), as well in cases of damage to life,
body and health.
For non-observance of a cardinal obligation, the
liability is limited to the damage which must be
typically expected within the scope of this agreement if
there is no intention or gross negligence or if JAM must
incur liability because of fatal injury, physical injury
or health hazards.
JAM is not liable for damages controllable by the user
or damages that could have been prevented by the user
had reasonable measures been undertaken to do so. JAM is
liable for data loss only to the extent of costs
incurred during restoration if backups are available.
In any event, JAM's liability is limited to four
times the amount paid for the license fee by the
customer. This exclusion does not apply to damage caused
through intent or gross negligence on the part of
In case of paid products and services, the guarantee
against deficiency in material and defects in title is
limited to fraudulent concealment of defects by JAM in
consideration of free licensing of the product.
Otherwise, liability of JAM is limited to instances of
premeditation and gross negligence in consideration of
the free licensing.
Statutory liability in case of personal damages and
damages pursuant to the Product Liability Act remains
- JAM reserves the right to change parts or the entire offer, replace it partially or in full, or transform free offers to fee-based offers and vice versa. Availability will not be guaranteed.
8. Licence conditions of other manufacturers
If MMJ contains additional software from other manufacturers, or should additional software be integrated, then compliance with the use and license conditions of the manufacturer of said delivered additional software is also compulsory.
The provision of MMJ through all software stores (including, where applicable, the purchase of virtual goods and virtual items) is subject to the additional conditions of the individual software store and all other conditions arising from this context as part of this agreement. JAM is not responsible and shall not be liable for any purchases or payment transactions made through a software store.
JAM offers electronic Internet support via https://justaddmusic.zendesk.com/hc/en-us/categories/115000308513-Music-Maker-JAM during the warranty period. The rendering of support is at the sole discretion of JAM and is not connected with any guarantee or warranty.
This agreement constitutes the entire agreement of the
parties regarding the contract purpose. Collateral
agreements shall not exist. No verbal or written
statements made by JAM or any JAM employee can alter or
question the validity of this license agreement.
- Should one or more of the conditions in this agreement be or become invalid, this will not affect the validity of the remaining agreement. A substitute provision will replace the invalid condition, such as comes closest to the intended purpose. The contract is subject to the law of the Federal Republic of Germany.