Loudly - End User License Agreement
The following definitions shall apply to this license agreement:
1. "Loudly" refers to the product licensed under this agreement, consisting of Software and, if applicable, additional Contents.
2. "Software" refers to the computer program in object code format contained within Loudly, including all updates and upgrades, with the exception of provided Contents.
3. Within this agreement, "Contents" refers to those Contents which are included in Loudly 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.
4. Within this agreement, "User-generated content" refers to those Contents which have been created by a user with Loudly.
5. "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
1. Under the conditions laid out in this agreement, JAM grants Loudly users the non-exclusive and non-transferable right to use Loudly. JAM retains ownership, copyright and other proprietary rights related to Loudly. 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 Loudly. The Code of Conduct is an integral part of this agreement.
2. JAM reserves all rights, including those not expressly granted under this agreement.
3. Using the Software and Contents for commercial purposes
1. Software The Software may be used solely for non-commercial purposes.
2. Contents 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.
3. Prohibition to copy and rent; amendment prohibition
1. Loudly cannot be commercially rented out or commercially lent in any other form to a third party in exchange for payment.
2. 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.
4. User Accounts
1. Registration is required in order to use Loudly or ensure that specific functions are running properly. The user is responsible for the general use and security of their user account.
2. 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. Guarantee and liability
1. 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.
2. 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.
3. 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.
4. 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.
5. 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 JAM.
6. 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.
7. Statutory liability in case of personal damages and damages pursuant to the Product Liability Act remains unaffected.
8. 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.
7. Licence conditions of other manufacturers
If Loudly 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 Loudly 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 http://www.justaddmusic.net/en/support during the warranty period. The rendering of support is at the sole discretion of JAM and is not connected with any guarantee or warranty.
1. 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.
2. 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.