The djay app (the “Licensed Application”) is licensed, not sold, to you. The Licensed Application enables you to access our Services (the “Services”) as well as External Services as defined below in section 4.
Your license and your right to access Services and External Services are subject to your prior acceptance of this End User License Agreement (“EULA”). Your license is granted by Algoriddim GmbH, Königinstr. 33, 80539 Munich, Germany ( “Licensor”). The Licensor reserves all rights in and to the Licensed Application not expressly granted to you under this EULA.
Licensor grants to you a nontransferable and non-exclusive license to use the Licensed Application on your devices connected to your user ID (“the “Device”). The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as updates provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a separate EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Device to a third party, you must remove the Licensed Application from the Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve products or to provide services or technologies to you.
For further information on our data processing activities, see https://www.algoriddim.com/privacy.
This EULA is effective until terminated by you or Licensor. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.
If you are acting as a consumer and are resident in the EU, Switzerland or the UK, you have a statutory right of withdrawal.
To exercise your right of withdrawal, you must inform us by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from the contract. You may use the following model withdrawal form, but it is not obligatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the revocation period.
The right of revocation expires if you use the Licensed Application before the end of the revocation period. By accepting this EULA, you expressly agree to the expiry of the right of withdrawal under these conditions.
You acknowledge that all payments handled by the provider of the respective platform (the Google Play Store, Apple App Store, Microsoft Store), such as in-app purchases, can only be refunded by such provider with their consent.
To:
I hereby revoke the contract concluded by me for the licensing of the djay app, received on:
Name of the consumer:
Address of the consumer:
Consumer's signature (only if this form is submitted on paper):
Date:
The Licensed Application enables access to third-party services and websites, among others music streaming services ( collectively and individually, "External Services"). Access to such External Services using the Licensed Application is being provided by means of a software intermediary enabling such access, an application programming interface (“API”). The API is intellectual property of the respective rights holder to the External Service and shall, unless indicated otherwise in this EULA, be considered part of the External Service. External Services, unless otherwise indicated, are not owned or controlled by Licensor but by the respective rights holder.
You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content, availability, or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by the Licensed Application or External Service are not guaranteed by Licensor or its agents.
The External Services are not responsible for the Licensed Application or any of Licensor’s Services.
When using External Services, you agree to always use the External Services in compliance and consistence with the terms and conditions of the External Service providers.
Licensor does not guarantee and is not liable for compatibility with External Services. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
In no case shall the provider of an External Service be liable to you for any interruptions in the External Service as accessed via the Licensed Application.
The use of any audio loop, audio track and/or audio sample by Loopmasters available in connection with the Services is subject to the EULA of Loopmasters, which can be viewed at https://support.loopmasters.com/support/solutions/articles/48000959807-loopmasters-license and to which Licensee agrees by using any such audio loop, audio track, and/or audio sample.
You will not use the Services or External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the Services or External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. Services and External Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such Services or External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any Service or External Services at any time without notice or liability to you.
You agree that Licensed Application, the Services and the External Services, including all content, graphics, user interface, audio clips, video clips, editorial content and the scripts and software contained therein, is owned by the respective owners, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will use Licensed Application, the Services and the External Services in compliance with this EULA. No portion of the Licensed Application, the Services and/or the External Services may be reproduced in any form or by any means, except as expressly permitted by this EULA or applicable law. You agree to not modify, rent, loan, sell, distribute, create derivate works of or otherwise exploit the Licensed Application, the Services and/or the External Services unless any such action is expressly authorized by the respective right holder or applicable law. You agree to not decompile, reverse-engineer, disassemble, or otherwise reduce code contained in or accessible using the Licensed Application, the Services and/or the External Services to source code or other human-perceivable form in any manner, unless any such action is expressly authorized by the respective right holder or applicable law.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION, THE SERVICES, AND/OR THE EXTERNAL SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION, THE SERVICES, AND/OR THE EXTERNAL SERVICES AND ANY SERVICES PERFORMED OR PROVIDED BY THEM, ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR AND EXTERNAL SERVICE PROVIDER HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES AND/OR EXTERNAL SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE OR EXTERNAL SERVICE PROVIDERS SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES AND/OR EXTERNAL SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR OR ANY EXERNAL SERVICE PROVIDER BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of the aggregate of all payments made to Licensor for use of the Licensed Application. The foregoing limitations will apply even if the above stated remedy fails in its essential purpose.
You agree to defend and indemnify Licensor and Licensor’s affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding arising from your violation of this EULA and/or infringement of any rights of any third party and/or applicable laws and regulations.
You may not use or otherwise export or re-export the Licensed Application except as authorized by applicable law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
Licensor may change this EULA at any time. If you do not agree with the new EULA, you must stop using the Licensed Application.
The license granted to you by this EULA is a limited license to use the Licensed Application for its intended purpose. Except for the limited license expressly granted to you herein, this EULA and the conduct of the parties hereunder do not grant to you or to any third party, and Licensor expressly disclaims the grant of, any license, immunity, or other right in, to, or under any patent or other industrial property rights of Licensor, whether directly or by implication, legal or equitable estoppel, exhaustion or otherwise. Licensor reserves all rights and claims in, to, and under all of its patents and other industrial property rights, except for the limited license expressly granted to you under this EULA.
The Licensed Application may support or be compatible with various hardware products and/or software products supplied by third parties. Nothing in this EULA shall be construed as a waiver, disclaimer, or release by Licensor of any claims it may have against such third-party suppliers for any infringement, misappropriation, or other violation of Licensor’s patents or other industrial property rights. You acknowledge that third-party hardware or software products found to infringe, misappropriate, or otherwise violate Licensor’s patents or other industrial property rights may become unavailable to you for use of or with the Licensed Application and you will be responsible for obtaining suitable replacements, if any. You furthermore acknowledge that Licensor is not responsible or liable for defects and malfunctions of third-party hardware or software products.
Licensor may at any time transfer the Agreement to a third party.
The governing law and forum shall be the laws and courts of your usual place of residence.
The EU Commission provides an online platform for online dispute resolution (ODR platform). It can be accessed via the link http://ec.europa.eu/consumers/odr/. Licensor is not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
Where this EULA has omissions, the respective standard EULA as provided by the respective platform you are downloading the Licensed Application from shall apply (Google Play Store, Apple App Store, Microsoft Store).
If any provision of this EULA is held by a court of competent jurisdiction to be contrary to applicable laws, then the remaining provisions of this Agreement, if capable of substantial performance, shall remain in full force and effect.
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