License Agreement for Cubase AI 4
28 Getting Started
5. Licence module (Steinberg key and/or Soft eLicenser)
5.1. Steinberg uses a hardware device connected through the USB con-
nection of a computer (hereinafter “Steinberg key”) and/or a protec-
tion scheme (hereinafter “Soft eLicenser”) for license control
(hardware and/or software dongle) in the case of many products.
The Steinberg key and/or Soft eLicenser permanently saves the
license information and regulates access to the software. If a Stein-
berg key is required for the use of the software, then the Steinberg
key must be connected physically to the computer through the USB
interface.
5.2. For the activation of the software, updates or upgrades of the soft-
ware the computer which is connected to the Steinberg key and/or
using the Soft eLicenser or using the OEM software must be con-
nected to the server of SIA Syncrosoft through the Internet. If the
product was delivered with the Steinberg key, the license informa-
tion was already transferred to the Steinberg key. If the product was
delivered with a product card (without the Steinberg key), the acti-
vation codes of the enclosed product card must be entered manu-
ally by the user upon installation and the license infor mation must
be exchanged with the server of SIA Syncrosoft.
5.3. In the event of OEM software, the activation codes will be send to an
email-address submitted by you during a registration. Further, the
activation codes must be entered manually by the user upon instal-
lation and the license information must be exchanged with the
server of SIA Syncrosoft.
5.4. The reinstallation of the software - on the same or another computer
- is permitted only in case the already installed software cannot be
used any more (e.g. following deinstallation). If the software does
not use a Steinberg key, but requires activation codes, the new acti-
vation codes may be obtained from the user’s online account for
support created during the personal product registration. Further,
the activation codes must be entered manually by the user upon
installation and the license information must be exchanged with the
server of SIA Syncrosoft. Steinberg may require for the provision of
further activation codes e.g. your proof of purchase (invoice,
receipt) and a signed assurance by fax or letter stating your name,
address and that the already installed software cannot be used any
more. Trial Version Software can be used on a computer also at rein-
stallation only altogether 30 days.
5.5. You can also use another computer other than the one on which the
software is to be installed for the activation and transfer of license
data to the Steinberg key, if the software is using a Steinberg key.
However, in such a case a corresponding access software (Syn-
crosoft License Control Center, “LCC”) must be installed on the
computer connected to the Internet, which is subject to a separate
licensing agreement.
6. Defect and loss of the Steinberg key
6.1. In the case of a defect or damage to the Steinberg key Steinberg or
a third party engaged by Steinberg will check the Steinberg key. In
the case of a legitimate claim the Steinberg key and the licenses
included shall be replaced in return for a handling fee. The licenses
will only be replaced provided that they are licenses issued by
Steinberg. Further claims against Steinberg are excluded.
6.2. Steinberg assumes no liability or obligation if the Steinberg key is
mislaid as a result of loss, theft or otherwise. Steinberg reserves the
right to block the licenses saved on the Steinberg key upon being
notified by the registered user of the loss. The licenses saved on the
Steinberg key cannot be replaced.
7. Modification of the software
7.1. A modification of the software is permitted only insofar as far as the
software is capable of such modification in accordance with its
intended function. You may not decompile, disassembe, carry out
reverse engineering or try in another manner to determine the
source code of the software, unless this is permitted by law. Further-
more, you must not modify the binary code of the software to bypass
in any manner the activation function or the use of the license mod-
ule (Steinberg key and/or Soft eLicenser).
8. No Unbundling
8.1. The software usually contains a variety of different files which in its
configuration ensure the complete functionality of the software. The
software may be used as one product only. It is not required that you
use or install all components of the software. You must not arrange
components of the software in a new way and develop a modified
version of the software or a new product as a result. The configura-
tion of the software may not be modified for the purpose of distribu-
tion, assignment or resale.
8.2. You may also not sell the Steinberg key separately as a license; the
usage rights always remain with the software, in particular with the
original software data carrier (e.g. CD).
9. Assignment of Rights
9.1. You may assign all your rights to use the software to another person
subject to the conditions that (a) you assign to this other person (i)
this Agreement and (ii) the software or hardware provided with the
software, packed or preinstalled thereon, including all copies,
upgrades, updates, backup copies and previous versions, which
granted a right to an update or upgrade on this software, (b) you do
not retain upgrades, updates, backup copies und previous versions
of this software and (c) the recipient accepts the terms and condi-
tions of this Agreement as well as other regulations pursuant to
which you acquired a valid software license.
9.2. A return of the product due to a failure to accept the terms and con-
ditions of this Agreement, e.g. the product activation, shall not be
possible following the assignment of rights.
10. Upgrades and Updates
10.1. You must have a valid license for the previous or more inferior ver-
sion of the software in order to be allowed to use an upgrade or
update for the software; the Trial Version Software, however, does
not entitle to the upgrade or update. Upon transferring this previous
or more inferior version of the software to third parties the right to
use the upgrade or update of the software shall expire.
10.2. The acquisition of an upgrade or update does not in itself confer any
right to use the software.
10.3. The right of support for the previous or inferior version of the soft-
ware expires upon the installation of an upgrade or update.
11. Limited Warranty (“Gewährleistung”)
11.1. The warranty (“Gewährleistung”) for you as fi rst buyer of the soft-
ware located within the European Union (EU) is specified in Subsec-
tion 11.2 and the warranty for you as first buyer of the software
located outside the EU is specified in Subsection 11.3 of this Agree-
ment.
11.2. Limited Warranty within the EU: In the event that you as a first buyer
of the software are located within the EU, the following limitation of
liability shall apply.
11.2.1.
If Steinberg has sold the software directly to you as an end user,
Steinberg warrants (“gewährleistet”) that the software essentially
executes the functions described in the enclosed documentation
upon receipt, provided that the software is employed in accordance
with the minimum requirements for the operating system and the
computer hardware. Insignificant divergences from the functions
described in the documentation do not give rise to any warranty
claim. Other documents and statements are unremarkable for the
composition of the product.
11.2.2.
If the user is consumer within the EU, the statutor y warranty
(“Gewährleistung”) to defects of the product shall apply. If the user
is a businessman, Steinberg provides warranty for defects of the
product at its discretion by further fulfillment (improvement or substi-
tute delivery) within one year. However, there exists no warranty for
Trial Version Software.
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