All services provided to the client by Systematic Sound shall be carried out solely on the basis of the following Terms and Conditions. These Terms and Conditions shall also be valid in the instance of Systematic Sound carrying out a delivery on an unconditional basis whilst fully aware of differing customer conditions. Differing provisions shall only be valid if they have been agreed in writing or as email between Systematic Sound and the customer.
Offer, Conclusion of Contract
Systematic Sound shall make sound databases consisting of samples and presets (hereinafter “content”) available for digital download via the internet portal “www.systematic-sound.com” (hereinafter “online shop”) and affiliated partner sites or subdomains. Offers made by Systematic Sound on the internet shall solely constitute a non-binding request to the client to buy goods in the online shop. In ordering their desired goods on Systematic Sound, the client submits a binding offer to complete a sales contract.
The Systematic Sound online shop shall be entitled to accept this offer and shall make reference to these terms and conditions in doing so. Unless otherwise stated the purchase of goods shall occur against payment in the form of a one-off purchase.
Prices, Tax, Terms of Payment
All of the Systematic Sound products delivered within the EU shall be subject to the VAT of the originators (buyers) country. In the instance of buyers from countries outside of the EU no VAT shall apply and gross prices are charged. Systematic Sound is entitled to amend the prices of products offered at any time and without prior notice.
As a rule the supply of goods purchased shall occur immediately after order completion. Once a purchase has been completed Systematic Sound shall give the customer 3 attempts to download the respective product, whereafter the purchase process shall be considered to have been completed. The customer shall ensure that they meet the technical and actual prerequisites for the receipt of files and content. It shall also be the responsibility of the customer to have suitable software in place which facilitates the proper opening and editing of content. Also the customer is liable to create a backup copy in a safe place as Systematic Sound can not compensate for lost files.
The non-fulfillment of these prerequisites shall have no influence on the realization of the contract between the customer and Systematic Sound.
Right of Withdrawal
Once the requested files and content have been provided to the customer in the form of a download link and/or email the contract shall no longer be rescindable. There shall therefore be no right to withdrawal in this scenario.
Files and content shall also be seen as having been provided if delivery is prevented by circumstances beyond the control of Systematic Sound. In particular the customer shall observe his obligations to prevent data loss within his domain.
Systematic Sound shall take the utmost care over the creation and maintenance of files and content. Nevertheless, Systematic Sound can offer a guarantee that files and content are suitable to and correct for the concrete requirements of the customer. The customer selects and uses files and content according to the specifications that are part of every product description. Systematic Sound shall therefore accept no liability for incorrect usage of files and content.
Files and content made available by Systematic Sound serve as a recommendation only. They do not in any case constitute a substitute for the specialist qualifications the customer requires in order to work with the files and content provided. The customer shall therefore take legal and other specialist advice prior to using files and content if required. If the customer neglects to do so and damage occurs as a result Systematic Sound shall again be excluded from liability for those damages.
Files and content provided by Systematic Sound itself are subject to the conditions of the respective license agreement, which shall be included as a readable and printable document in the download file and on the EULA page.
Systematic Sound only permits the usage of content legally acquired via the internet portal “www.systematic-sound.com” or via the distribution of an authorized partner in combination with software applications and instruments intended for use with it.
Usage of content shall be restricted to a maximum of two local computers. These two computers are to be operated on a non-simultaneous basis by one user only. Multi-user usage of content acquired on a one-off basis is prohibited without exception.
The customer shall be permitted to use content for their own private and commercial music, film music, television music, advertising music and multimedia productions. For reasons of data security the lawful purchaser of Systematic Sound content shall be permitted to produce a safety copy on an external data carrier. This permission shall extend to a maximum total of one safety copy.
The removal of samples and/or patches from the sound databases is explicitly prohibited except that this is necessary for the proper use of the downloads. The addition of Systematic Sound content to other databases and the use of content to create new sound databases, whether by changing the order of samples and/or patches, editing and/or amending the spectral structure of samples or changing the order of and/or amending patches, is strictly prohibited.
Systematic Sound content or parts thereof shall not be passed on, lent, rented out or sold to third parties by the user. Furthermore, the distribution of Systematic Sound content via all distribution channels known at the present and in the future is prohibited.
In purchasing, installing and using Systematic Sound content the customer declares themselves to be in agreement with the applicable licensing agreements.
Any contravention is punishable by law.
Data provided by the customer shall be used by Systematic Sound for the processing of the customer’s orders only. Systematic Sound shall treat all data as strictly confidential.
Data shall only be passed on to third parties if this is required as part of order processing. Though order data will be transmitted in encoded, secure form, Systematic Sound shall accept no liability for data security during these transmissions via the internet (e.g. in the case of technical errors on the part of the internet service provider) or for unlawful third-party access to files at the Systematic Sound servers.
Access data for the customer login function, which is provided to the customer once upon registration and later at their request, shall be treated as strictly confidential by the customer as Systematic Sound shall accept no responsibility whatsoever for the use of this data.
Technical and factual amendments to offers on Systematic Sound can be made at any time and without prior notice. The type and scope of such amendments shall be at the sole discretion of Systematic Sound.
Systematic Sound shall be at liberty to change these Terms and Conditions at any time. Such changes may lead to the Terms and Conditions in their current form becoming irretrievable at some point in the future. The customer therefore has the option to save these Terms and Conditions in their current form now or print them for filing in their own records. Obsolete General Terms and Conditions shall not be saved by Systematic Sound.
Third-Party Offers, Links
In some cases Systematic Sound may provide the customer with links to third-party websites and/or partner offers. Systematic Sound has no control over their form and content and shall therefore accept no liability for the correctness, completeness, legality and quality of the information made available. Links to other websites shall be provided solely for the convenience of users on this web site. Users who connect to third-party websites shall do so at their own risk.
Applicable Law, Jurisdiction
The laws of the Federal Republic of Germany shall apply in all cases. To the extent that a jurisdiction agreement is legally permissible, any disputes arising hereunder shall be settled before a competent court of law in Wiesbaden, Federal Republic of Germany. Systematic Sound shall nonetheless be entitled to bring an action against the ordering party at its place of residence or seat of business.