(1) The following terms and conditions apply to all legal transactions between CrushedPixel UG (limited liability), Malteserstraße 25, 72770 Reutlingen, Germany (hereinafter “CrispyAudio”) and their contracting parties in relation to the sale of the CrispyTuner software.
(2) Deliveries, services and offers of CrispyAudio will exclusively be based on these terms and conditions. These terms and conditions are valid within the framework of the current business relationship – even without them being explicitly referred to again – also for all future orders, offers, deliveries and services of CrispyAudio. Any terms and conditions of the customer that deviate from the following terms and conditions shall not be acknowledged. Such deviating terms and conditions shall not become part of the contract even if CrispyAudio does not expressly object to them. Deviating agreements between the contracting parties must be in writing to be effective.
(1) With regard to the functions of the software, the product descriptions available on www.crispytuner.com are valid at the time of the conclusion of the contract, unless otherwise agreed. The customer has checked that the functions and specifications are in accordance with their wishes and needs. The system requirements and functional features are known to them.
(2) The customer acquires the non-exclusive, non-transferable, non-sublicensable right to use the software to the contractually agreed extent without limitation in terms of space and time on the terminal equipment provided for this purpose. The customer may make a copy of each product, as far as this is necessary for proper commissioning.
(3) The customer may use the software on up to three terminal devices.
(4) The customer is entitled to a right of reproduction of the software to the extent necessary for installation and use. Such necessary reproduction shall be deemed to include but not be limited to the installation of the program on the mass memory of the hardware used and loading into the main memory.
(5) The customer is entitled to transfer the software, including the manual and other accompanying material, to third parties, provided that the purchaser agrees to the continued validity of these contractual terms and conditions, also vis-à-vis them. When passing on the program, the customer must hand over to the purchaser all copies of the program, including any backup copies, or destroy the retained copies. In case of a transfer of ownership to third parties, Section 2 (3) must still be observed.
(6) Rental of the products, their copies and the documentation by the customer to a third party without written consent of CrispyAudio is not allowed.
(7) The customer shall only receive all rights to the software upon full payment of the agreed price.
(1) If the customer is not a consumer, they are obliged to check the software for apparent defects upon delivery. Such apparent defects shall be notified to CrispyAudio in writing within two weeks after delivery. Defects that only become apparent later must be notified in writing within two weeks of their detection by the customer. If the customer does not comply with their obligation to inspect and complain, the goods shall be deemed to have been approved with regard to the defect in question.
(2) CrispyAudio as well as their representatives and vicarious agents shall not be liable for slightly negligent breaches of duty, as long as these do not concern damages arising from injury to life, body or health, nor contractual obligations or guarantees. The exclusion does not affect claims under the Product Liability Act.
(1) CrispyAudio undertakes to comply with the relevant provisions on data protection. To this end, CrispyAudio shall carry out technical and organisational measures to ensure compliance with the regulations on data protection.
(2) CrispyAudio shall process personal data in the form of unique device identifiers for the purpose of implementing the contract in connection with the use and licensing of the software. Personal data transmitted to CrispyAudio will be processed exclusively for the aforementioned purposes and to protect the legitimate interests of CrispyAudio and, if necessary, will be forwarded to vicarious agents, as far as this is necessary to fulfil these purposes.
(1) Changes and amendments to this contract must be made in writing. This written form requirement can also only be waived by means of a written declaration.
(2) Should any provision of the contract be invalid, this shall not affect the legal validity of the remaining provisions. In this case, the invalid provision shall be replaced by a provision with initial effect which corresponds to the intended meaning and purpose of the parties and is enforceable in terms of its content.
(3) In case of legal disputes arising from this contract, the registered office of CrispyAudio shall be the place of jurisdiction, if the customer is a merchant or if they have no general place of jurisdiction in the territory of the Federal Republic of Germany or if they are a legal entity under public law. CrispyAudio is entitled to sue in any other jurisdiction provided by law.
(4) This contract shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.