This database work was completely developed, individually structured with considerable expenditure and compiled by Professor Helmut Maier (Expenditure and investment according to § 87 UrhG law of copyrights). With this work sound recordings of organs with their original acoustics in their original surroundings will be possible which are of great value to the history of music and culture; they can be played virtually and will be preserved for future times. These organ sound recordings could only be realized with the permission of the owners of the organs and the rooms. Abiding and observing this contract also serves to protect the original instruments The licensee gives you permission to use the database within the framework of these licence conditions:
Object of the contract is the database on hand. With this database and with the software "Hauptwerk" single, individual sounds of a specific organ can be played virtually with original acoustics. The licensor grants the licensee the simple, not exclusive and personal right to use the database work as agreed upon for an indefinite time. If the licensee violates this bound obligation considerably the licensor is authorized to an exceptional termination of the contract without notice. After the termination of the contract the licensee is bound and obliged to completely erase and delete the database work. The licensor may demand an affirmation and statutory declaration of the erasing
The licensee is not entitled to
- resell, lease or copy the work or install and integrate it into his network, modify or resample it, develop it any further, pass it on or copy it in any way
- remove remarks or keys which serve to identify and protect the database
- transfer the licence or grant sub licences
- gain or use information of any kind from the work or integrating parts of the database within other applications
- Publish sound recordings or use the database work for public presentation without special permission .
The licensee is obliged to prevent any unauthorized access to the database. The licensor keeps the copyrights of the database work. Only rights relating to the actual data medium are acquired. The licensor may grant further rights to use the database which must be agreed upon beforehand in additional writing.
The licensee is acquainted with the capacity and efficiency of the database work and knows which technical equipment and preconditions are necessary in order to use the database network. The database work was developed and arranged applying scientific meticulous care and approved rules of technology especially those of recording, programming and storage technology.
The licensee makes the licensor a lump-sum not reimbursable payment according to the price list valid at the time of ordering. After having been ordered the database work will be handed over via electronically encrypted data medium. The consumer’s right of withdrawal will be cancelled when the data medium is unlocked. When delivering to EU countries the invoices for companies will only be without value-added tax if the licensee has submitted his UST/VAT-ID.
The legal relations between the parties to the contract will be based on German law. Even if the contract is drawn up in English, transmitted and signed, only the German version is authoritative. The court of competent jurisdiction will be at the licensor’s seat (place of living) if the licensee is a commercial merchant. Unauthorized copying or distributing or marketing of the database work or parts of it are criminal and will be persecuted and punished under criminal and civil law; consequently damages and compensation will be claimed.
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