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:
§ 1
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
§ 2
The
licensee is not entitled to
1.
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
2.
remove remarks or keys which
serve to identify and protect the database
3.
transfer the licence or grant
sub licences
4.
gain or use information of any
kind from the work or integrating parts of the database
within other
applications
5.
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.
§3
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.
§ 4
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.
§ 5
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
