Website Terms & Conditions

These terms and conditions outline the rules and regulations for the use of the Website owned by Nimikry Music OG, located at www.digitaize.eu

By accessing this website and using our services you agree to these terms and conditions. PLEASE READ THEM CAREFULLY! Do not continue to use www.digitaize.eu if you do not agree to take all of the terms and conditions stated on this page. Please review also our Privacy Notice, which also governs your use of our services, to understand our practices. Also additional terms and agreements can be applicable, e.g. if you download or use a software or app. You will be – in any case – always be asked to read and confirm agreements of any kind-

Nimikry Music OG is located in:
Hohlweggasse 37/32
AT-1030 Vienna

The following terminology applies to these Terms and Conditions, the Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Austria. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

We employ the use of cookies. By accessing www.digitaize.eu, you will be asked to agree to the use of cookies in agreement with the Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

All content included in or made available through any Nimikry Music service, such as text, graphics, 3D CAD files, logos, icons, images, music scores, audio or video clips, augmented / virtual / mixed reality content, digital downloads, data compilations, and software is the property of Nimikry Music or its content suppliers and protected by European and international copyright laws.

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Nimikry service are trademarks in the EU and other countries. Our trademarks must not be used in connection with any product or service that is not Nimikry’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nimikry. All other trademarks not owned by Nimikry that appear in any Nimikry service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nimikry.

PATENTS

Some of our solutions are patented. Products you buy on Nimikry or is feature by any Nimikry service may operate under license of one or more patents.

LICENSE

Unless otherwise stated, Nimikry and/or its licensors own the intellectual property rights for all material on www.digitaize.eu. All intellectual property rights are reserved. You may access this from www.digitaize.eu for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

Republish material from www.digitaize.eu
Sell, rent or sub-license material from www.digitaize.eu
Reproduce, duplicate or copy material from www.digitaize.eu
Redistribute content from www.digitaize.eu

If you should want to do any of the above mentioned your need Nimikry Music´s written consent. Contact us at support@digitaize.eu to start discussions on this.

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Nimikry Music does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Nimikry Music, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Nimikry Music shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Nimikry Music reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link:

(a) is not in any way deceptive;

(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and

We may consider and approve other link requests from the following types of organizations:

commonly-known consumer and/or business information sources;
business and community sites;
associations or other groups representing charities;
online directory distributors;
internet portals;
accounting, law and consulting firms; and
educational institutions and trade associations.

We will approve link requests from these organizations if we decide that:

(a) the link would not make us look unfavourably to ourselves or to our accredited businesses;

(b) the organization does not have any negative records with us;

(d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link:

(a) is not in any way deceptive;

(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to contact@digitaize.eu . Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Please wait approx. 2 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
Eventually also use of Nimikry Music´s logo or other artwork

You will receive a written statement on this, which comes into vigor by signature of both of the parties.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website. For further details refer to the paragraph above.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy!

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer:

(a) are subject to the preceding paragraph; and

(b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

ELECTRONIC COMMUNICATIONS

When you use Nimikry Music´s services, or send e-mails, text messages, and/or other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through other Nimikry Music services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Nimikry Music or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Nimikry Music services.

This license does NOT include

any resale or commercial use of any Nimikry Music service, or its contents;
any collection and use of any product listings, descriptions, or prices;
any derivative use of any Nimikry Music service or its contents;
any downloading, copying, or other use of account information for the benefit of any third party;
or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Nimikry Music or its licensors, suppliers, publishers, rightsholders, or other content providers. No Nimikry service, nor any part of any Nimikry Music service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Nimikry Music. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Nimikry Music without express written consent. You may not use any meta tags or any other “hidden text” utilizing Nimikry Music’s name or trademarks without the express written consent of Nimikry Music. You may not misuse the Nimikry Music services and only use them as according to the law. The licenses granted by Nimikry Music terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own Nimikry account to use certain Nimikry services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Nikimry does NOT sell products for children, but they be used by them. We only sell them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use our services only with involvement of a parent or guardian. Nimikry reserves the right to refuse service, terminate accounts, terminate your rights to use Amazon Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Nimikry reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Nimikry a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Nimikry and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Nimikry for all claims resulting from content you supply. Nimikry has the right but not the obligation to monitor and edit or remove any activity or content. Nimikry takes no responsibility and assumes no liability for any content posted by you or any third party.

Shipping, terms of shipping, risk of loss

All purchases of physical items are made pursuant to a shipment contract. Items will be shipped by Austrian Federal Post Service, UPS, FedEx or other logistics services. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Usually we ship a few days after we received and confirmed your order. If there should be any unforeseen delay we will contact you via e-Mail, push notification or phone.

RETURNS, REFUNDS AND TITLE

For more information about our returns and refunds, please see our Returns Policy.

PRODUCT DESCRIPTIONS

Nimikry attempts to be as accurate as possible. However, Nimikry does not warrant that product descriptions or other content of any Nimikry service is accurate, complete, reliable, current, or error-free. If a product offered by Nimikry itself is not as described, your sole remedy is to return it in unused condition.

PRICING

“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product.

With respect to items sold by Nimikry, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the correct price of an item sold by Nimikry is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

APP PERMISSIONS

When you use apps created or used by Nimikry, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

SANCTIONS AND EXPORT POLICY

You may not use any Nimikry service if you are the subject of EU sanctions or of sanctions consistent with EU law imposed by the governments of the country where you are using our services. You must comply with all EU or other export and re-export restrictions that may apply to goods, software, technology, and services.

OTHER BUSINESSES

Parties other than Nimikry may be offering products, provide services or software, or sell product lines through Nimikry’s services. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Nimikry. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Nimikry does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE NIMIKRY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NIMIKRY SERVICES ARE PROVIDED BY NIMIKRY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NIMIKRY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NIMIKRY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NIMIKRY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE NIMIKRY SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, NIMIKRY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NIMIKRY DOES NOT WARRANT THAT THE NIMIKRY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NIMIKRY SERVICES, NIMIKRY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM NIMIKRY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, NIMIKRY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY NIMIKRY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY NIMIKRY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any Nimikry Service, or to any products or services sold or distributed by Nimikry or through www.digitaize.eu will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Nimikry Music OG’s services, you agree that federal law of Austria is valid, if not customer protection laws state anything else.

ADDITIONAL SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Nimikry Music services.

Use of the Software. You may use Software solely as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Software in whole or in part. All software used in any Nimikry Music service is the property of Nimikry Music or its software suppliers and is protected by EU and international copyright laws.
Use of Third Party Services When you use the Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Software, whether in whole or in part.
We may offer automatic or manual updates to the Software at any time and without notice to you.
In the event of any conflict between these Conditions of Use and any other or third-party terms applicable to any portion of the Software, such as open-source license terms, such other terms will control as to that portion of the Software and to the extent of the conflict.

PRIVACY POLICY

Nimikry Music OG knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy.

By visiting any of Nimikry Music OG’s services or by using any product of Nimikry Music, you are accepting the practices described in this Privacy Policy.

What Personal Information About Customers Does Nimikry Music Gather?

The information we learn from customers helps us personalize and continually improve your experience. Here are the types of information we gather.

Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our stores, and communicating with you.
Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use “cookies,” and we obtain certain types of information when your Web browser accesses our sites, social media accounts or advertisements and other content served by or on behalf of Nimikry Music on other Web sites.
Mobile: When you download or use apps created by Nimikry Music or our subsidiaries, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to turn off location services. Other functions that you consent us to offer for you might be the use of you microphone, camera or access to contacts. In any case you will ALWAYS been asked to gran us access to specific information which is used by us to optimize you customer experience and you will always have the possibility to change these settings; this might lead to a reduced functionality of the software, app or service.
Anonymous system reports: We receive anonymous system reports through our softwares. This data is sent to us by SMTP and is used to improve our customer support. This data is anonymous and can in no circumstance be disclosed by Nimikry Music. This data is used solely for the improvement of the software and hardware communication. In any case you will ALWAYS been asked to gran us access to specific information which is used by us to optimise you customer experience and you will always have the possibility to change these settings; this might lead to a reduced functionality of the software, app or service.

What About Cookies?

Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features such as personalized advertisements on other Web sites (e.g., payment service), and storage of items in your Shopping Cart between visits.
The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the Web site of its manufacturer. Because cookies allow you to take advantage of some of Nimikry Music´s essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Shopping Cart or proceed to Checkout.

Does Nimikry Music Share the Information It Receives?

Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below and with subsidiaries.

Affiliated Businesses We Do Not Control: We work closely with affiliated businesses. In some cases, such as Marketplace sellers, these businesses operate stores or sell offerings to you at. In other cases, we operate stores, provide services, or sell product lines jointly with these businesses. You can tell when a third party is involved in your transactions, and we share customer information related to those transactions with that third party.
Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
Business Transfers: As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise).
Protection of Nimikry Music: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of Nimikry Music, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.
With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

How Secure Is Information About Me?

We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.

What Choices Do I Have?

As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of some features.
You can add or update certain information on pages. When you update information, we usually keep a copy of the prior version for our records.
If you do not want to receive e-mail or other mail from us, please adjust your Personal Data Settings or write us to contact@digitaize.eu
You have always right to be informed about the data we have about you. For inquiries pls write to contact@digitaize.eu
You have the right to change your data
You have the right to get your data cancelled, as you wish (we just need to keep those data which by law we need to store)
We will not store your data longer than necessary, with a maximum of 7 years
We will never sell or give your data to others without your consent

DigitAize Software EULA

DIGITAIZE SOFTWARE

END USER LICENSE AGREEMENT

Last updated: November 16, 2020

This End User License Agreement (the “Agreement”) is a binding agreement between Nimikry Music, OG (“Nimikry Music”) and you.

YOU AGREE TO BE BOUND BY THIS END USER LICENSE AGREEMENT THROUGH YOU INSTALLING DIGITAIZE CONNECT, DIGITAIZE BRIDGE, DIGITAIZE SOUND AND OTHER DIGITAIZE SOFTWARE ON YOUR DEVICE. IF YOU DO NOT AGREE TO THE TERMS AND LIMITATIONS OF THE AGREEMENT, YOU MAY NOT INSTALL OR USE THE SOFTWARE.

A copy of this Agreement can be found at https://www.digitaize.eu/legal. From time to time, Nimikry Music may change the terms in the Agreement. When the terms are changed, Nimikry Music will post a notice online. The changes also will appear in this document, which you can access at any time through https://www.digitaize.eu/legal

Nimikry Music is licensing a specific major version of the DigitAize Connect software program, including but not limited to (a) all software files and other computer information, (b) any proprietary scripting logic, (c) musical content, resource files and templates, (d) fonts, and (e) any updates and improvement to the version you originally downloaded (collectively, the “Software”) and all related documentation materials (“Documentation”) to you on the following terms and conditions:

GRANT OF LICENSE. In consideration of the license fee you paid for this product, Nimikry Music grants you, as licensee, a worldwide, limited, revocable, non-exclusive right to install, reproduce, and use the Software and Documentation under the terms and limitations of the Agreement.

For individual licensees, the Agreement is the complete and exclusive agreement between you and Nimikry Music relating to the Software. A supplemental Site License Agreement may also be in effect for some licensees. The Agreement along with the supplemental Site License Agreement shall be interpreted under the laws of the State of Austria applicable to contracts made in Austria.

OWNERSHIP. The Software and accompanying documentation materials may also be protected under copyright and other intellectual property laws. Unauthorized copying or use of the Software beyond the scope of the Agreement is expressly forbidden. You may be held legally responsible for any copyright infringement or infringement of any other intellectual property right that is caused or encouraged by your failure to abide by the terms and conditions of the Agreement. The Agreement is NOT a sale of the Software. Nimikry Music retains all ownership and rights in the Software, including all rights in any portion(s) of the Software present in any output of the Software.
USE RESTRICTIONS. As an individual licensee, you may physically install the Software on your operating system for use in combination with DigitAize hardware infrastructure. As an individual licensee, you may not install or use the Software on a network, more than two (2) computers, multiple site arrangement, or any other hardware configuration where the Software is accessible to more than one computer or to more than one user at a time and/or for use with other devices other than DigitAize hardware. You may not use telecommunication transmissions to electronically transfer the Software from one computer to another. To protect Nimikry Music´s copyrights and trade secrets in the Software, you may not adapt or make alterations to the Software, decompile, disassemble, translate, convert to another programming language or otherwise reverse engineer the Software. You may not use the Software to reproduce materials or works protected by copyright of others without authorization, and you agree that you will only to reproduce material or works of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.

In addition to the above, you represent and warrant you will not:

sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Software without Nimikry Music’s express written consent except as otherwise provided herein;
modify or make derivative works based upon the Software;
reverse engineer or use the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Software, or (c) copy any ideas, features, functions or graphics of the Software;
share user licenses as each user must register with the Software;
use the Software in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Software;
transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.

TRANSFER RESTRICTIONS. You may not transfer, assign, sell, or otherwise dispose of this license to the Software on a permanent basis without the written permission of Nimikry Music. Should Nimikry Music grant such permission, you will be required to (a) pay a Transfer Fee in effect at the time of the transfer, (b) relinquish all authorizations and copies of all versions of the Software associated with the transferred serial number, and (c) upgrade to the most current major version of the Software if not already licensed. In no event may you rent, lease, grant sublicenses or any other rights in the Software to others on a temporary basis, including renting the Software and computer together to other users.

COPY RESTRICTIONS. You may make one copy of the Software either digitally or on physical media solely for backup purposes. The backup copy automatically becomes the property of Nimikry Music and is subject to the Agreement. You must reproduce Nimikry Music´s copyright notice on the backup copy.
SUPPORT POLICY. Nimikry Music is not responsible for maintaining or helping you to use the Software, except through Nimikry Music´s customer support and blog. Customer support consists of published documentation, software updates, and online support. Nimikry Music reserves the right to review an individual’s usage of Nimikry Music´s customer support and determine if the amount of use has become excessive. Should an individual’s use be deemed inappropriate or excessive, Nimikry Music may redefine the allowable support options for said individual.
DISCLAIMER. THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SOFTWARE. TO THE FULLEST EXTENT ALLOWED BY LAW, NIMIKRY MUSIC DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NIMIKRY MUSIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE. NIMIKRY MUSIC DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.

SOME OF NIMIKRY MUSIC´S INTERNATIONAL DISTRIBUTION PARTNERS MAY OFFER THE SOFTWARE ON PHYSICAL MEDIA OR AS PART OF A PHYSICAL PRODUCT. NIMIKRY MUSIC MAKES NO WARRANTIES REGARDING ANY PHYSICAL MEDIA OR PRODUCT SOLD BY ITS DISTRIBUTORS, EITHER EXPRESSED OR IMPLIED, INCLUDED BUT NOT LIMITED TO WARRANTIES OF QUALITY OF MATERIALS OR WORKMANSHIP.

NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY NIMIKRY MUSIC, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE ANY OTHER WARRANTY OR INCREASE IN ANY WAY THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON SUCH INFORMATION OR ADVICE.

LIMITATION ON LIABILITY. NIMIKRY MUSIC’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NIMIKRY MUSIC OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. NIMIKRY MUSIC’S AGGREGATE LIABILITY TO YOU FOR ANY REASON SHALL NOT EXCEED THE FEES YOU HAVE PAID TO NIMIKRY MUSIC FOR ANY SOFTWARE PACK WITHIN THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT OR ACTION ASSERTED AS SUBJECTING NIMIKRY MUSIC TO LIABILITY.
INDEMNITY. You agree to indemnify, defend, and hold harmless Nimikry Music, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Software, your violation of this Agreement, or the infringement of any intellectual property or other right of any person or entity through your use or the use of any other user using the Software under your license. We will notify you promptly of any such claim, loss, liability, or demand, and will

provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party
CHANGE OF CONTROL. In the event of a change of control of Nimikry Music or the sale of substantially all of Nimikry Music’s assets, all rights of Nimikry Music hereunder shall be transferable without notice to you.
DATA COLLECTION. In order to provide you with quality customer service, any DigitAize Software collects anonymous usage data and reports that are sent automatically via SMTP to our servers. This data provides informations about the status of the connected devices and the usage of the software. This data is stored by Nimikry Music and cannot be disclosed to anyone. By agreeing to this EULA you agree to send anonymous data reports through the DigitAize Software.

Hardware Terms & Conditions

DigitAize HARDWARE TERMS&CONDITIONS

PLEASE READ

Last updated: December 1., 2020

These terms and conditions outline the rules and regulations for the use of the Hardware Infrastructure DigitAize, owned by Nimikry Music OG.

By mounting DigitAize hardware and installing Nimikry Music´s software for joint use, and using our services you agree to these terms and conditions.

PLEASE READ THEM CAREFULLY!

Do not continue to use DigitAize Products if you do not agree to take all of the terms and conditions stated on this page. Please review also our Privacy Notice, which also governs your use of our services, to understand our practices. Also, additional terms and agreements can be applicable, e.g. if you download or use a software or app. You will be – in any case – always be asked to read and confirm agreements of any kind.

Nimikry Music OG is located in:
Hohlweggasse 37/32
AT-1030 Vienna

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Nimikry Music service are trademarks in the EU and other countries. Our trademarks must not be used in connection with any product or service that is not Nimikry Music’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nimikry Music. All other trademarks not owned by Nimikry Music that appear in any Nimikry Music service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nimikry.

PATENTS

Some of our solutions are patented. Products you buy on Nimikry Music or is feature by any Nimikry Music service may operate under license of one or more patents.

LICENSE

Unless otherwise stated, Nimikry Music and/or its licensors own the intellectual property rights for all material sold under the name DigitAize and other affiliate products, such as DigitAize Sound, DigitAize Connect, DigitAize Bridge, DigitAize App, DigitAIze Violin, DigitAize EDU and DigitAize VR. All intellectual property rights are reserved.

COMMUNICATION

LICENSE AND ACCESS

This license does NOT include:

any resale or commercial use of any Nimikry Music service, or its contents;
any collection and use of any product listings, descriptions, or prices;
any derivative use of any Nimikry Music service or its contents;
any downloading, copying, or other use of account information for the benefit of any third party;

any use of data mining, robots, or similar data gathering and extraction tools.

PRODUCT DESCRIPTIONS

Nimikry Music attempts to be as accurate as possible. However, Nimikry Music does not warrant that product descriptions or other content of any Nimikry Music service is accurate, complete, reliable, current, or error-free. If a product offered by Nimikry Music itself is not as described, your sole remedy is to return it in unused condition.

PRICING

With respect to items sold by Nimikry Music, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the correct price of an item sold by Nimikry Music is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you. In the case of pre-orders of products that are yet being developed, we may charge your credit card prior to the shipping process, due to the different nature of the sale.

APP AND SOFTWARE PERMISSIONS

When you use apps created or used by Nimikry Music, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. When using DigitAize Software infrastructure you agree to the EULA that outlines the rules ans regulations for it.

SANCTIONS AND EXPORT POLICY

You may not use any Nimikry Music service if you are the subject of EU sanctions or of sanctions consistent with EU law imposed by the governments of the country where you are using our services. You must comply with all EU or other export and re-export restrictions that may apply to goods, software, technology, and services.

OTHER BUSINESSES

Parties other than Nimikry Music may be offering products, provide services or software, or sell product lines through Nimikry Music’s services. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Nimikry Music. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Nimikry Music does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMISSIBLE BY LAW, NIMIKRY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY NIMIKRY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY NIMIKRY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

TO THE FULL EXTENT PERMISSIBLE BY LAW, NIMIKRY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE MOUNTING AND USE OF ANY NIMIKRY PRODUCT. BY MOUNTING NIMIKRY´S PRODUCTS YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OF YOUR ACTIONS AND FOR ANY HARM DERIVATED FROM YOUR ACTIVITY TO YOU AND TO ANY MATERIAL GOOD.

DISPUTES

APPLICABLE LAW

By using any Nimikry Music OG’s services, you agree that federal law of Austria is valid, if not customer protection laws state anything else.

ADDITIONAL SOFTWARE TERMS

To know more about the terms governing the use of any Nimikry software (including any updates or upgrades to the software) and any related documentation, please refer to the software EULA (www.digitaize.eu/legal/#eula)

Return Policy & Warranty

You can return many items sold on www.digitaize.eu. When you return an item, you may see different return options depending on the seller, item, or reason for return.

Prepare your package for return.

Pack your item securely, inserting any paperwork that was included when you requested your return. If you don’t have the original product packaging, use a sturdy box and include padding such as packing bubbles or newspaper. Attach your return label to the package.

RETURN LABEL

Ship your return

SEND ONLY TO:

Hohlweggasse 37/32

AT-1030, Vienna

If you choose to ship the item on your own, you’ll pay the carrier at the time you ship your return. If the return is the result of a Nimikry error, we’ll refund your return shipping costs up to a maximum amount.

WARRANTY CONSUMER LAW

The Nimikry Music OG offers a Two-Year Limited Warranty. Read below to read what the Two-Year Limited Warrant includes.

This warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product; (d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (e) to damage caused by operating the Nimikry Music Product outside the user manual, the technical specifications or other Nimikry Music OG Product published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Nimikry Music OG; (g) to a Nimikry Music OG Product that has been modified to alter functionality or capability without the written permission of Nimikry Music OG; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Nimikry Music OG Product; (i) to damage occurred to any instrument while mounting DigitAize and not following Nimikry Music´s descriptions on how to mount the product, (j) to damage occurred while modifying or removing DigitAize and not following descriptions provided in the support area, (k) if any serial number has been removed or defaced from the Nimikry Music OG Product; or (l) if Nimikry Music OG receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the Nimikry Music OG Product, and you cannot prove in any way that you are the authorized user of the product (eg. by presenting proof of purchase).

Important: Do not attempt to open the Nimikry Music OG Product unless the User Manual describes how it is designed for opening or remove any protective caps attached to the Nimikry Music OG Product. Opening the Nimikry Music OG Product or removing protective caps may cause damage that is not covered by this Warranty. Only Nimikry Music OG should perform service on this Nimikry Music OG Product.

WHAT WILL NIMIKRY MUSIC OG DO IN THE EVENT OF A WARRANTY CLAIM?

If during the warranty period you submit a claim during the warranty period this warranty, Nimikry MusicOG will, at its option:

(i) repair the Nimikry Music OG Product using new or previously used parts that are equivalent to new in performance and reliability, or

(ii) replace the Nimikry Music OG Product with the same model (or with your consent a product that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and reliability, or

(iii) refund your purchase price in exchange for the return of your Nimikry Music OG Product.

When a product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes Nimikry Music OG’s property.

A replacement part or product or a repaired Nimikry Music OG Product assumes the remaining warranty of the original nimikry Music OG Product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you.

For service requested in a country other than the country of purchase for the Nimikry Music OG Product, Nimikry Music OG may repair or replace products and parts with comparable products and parts that comply with local standards.

HOW TO OBTAIN WARRANTY SERVICE?

Please access and review the following online help resources before seeking warranty service:

WARRANTY SERVICE OPTIONS

Nimikry Music OG will provide warranty service through one of the following options:

(ii) Mail-in service. If Nimikry Music OG elects to provide service through its mail-in service, Nimikry Music OG will send you prepaid waybills and if applicable, packaging material and instructions on how to properly pack and address your Nimikry Music OG product, so that you may ship your Nimikry Music OG Product back. Instructions may be sent to you via email or in hard copy with the packaging material. Once service is complete, Nimikry Music OG will return the Nimikry Music OG Product to you. Nimikry Music OG will pay for shipping to and from your location if all instructions regarding the method of packaging and shipping the Nimikry Music OG Product are followed.

(iii) Do-it-yourself (“DIY”) service. Under DIY service Nimikry Music OG will provide you with a replacement product or easily replaceable parts or accessories of a product, such as housing components or sensors, which can be replaced without using any tools. Note: Nimikry Music OG is not responsible for any labour costs you incur relating to DIY services.

Nimikry Music OG is also not responsible for any damage or harm caused by any DIY replacement, service or modification of the hardware sold originally. Should you require further assistance with the replacement, contact Nimikry Music OG Support via the website www.digitaize.eu/support. If Nimikry Music OG elects to provide service through DIY service, the following process will apply:

(a) Service where Nimikry Music OG requires return of the replaced product, part or accessory: Nimikry Music OG may require a credit card authorization as security for the retail price of the replacement product, part or accessory and applicable shipping costs. Nimikry Music OG will ship a replacement product, part or accessory to you with instructions for replacement, if applicable, and any requirements for the return of the replaced product or part. If you follow the instructions, Nimikry Music OG will cancel the credit card authorization, so you will not be charged for the product or part and shipping to and from your location. If you fail to return the replaced product, part or accessory as instructed or return a replaced product, part or accessory that is ineligible for service, Apple will charge your credit card for the authorized amount. If you are unable to provide credit card authorization, the service may not be available to you and Nimikry Music OG will offer alternative arrangements for service.

(b) Service where Nimikry Music OG does not require return of the replaced product, part or accessory: Nimikry Music OG will ship you free of charge a replacement product, part or accessory accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced product, part or accessory.

LIMITATION OF LIABILITY

A) Entire agreement:

Other than the consumer law rights to which you are entitled as set out at the beginning of this document, all warranties, conditions and other terms not set out in this warranty document are excluded from the Nimikry Music OG One-Year Limited Warranty. As a result, Nimikry Music OG does not make any other promises, conditions or warranties about the service other than set out in this warranty document.

Some countries do not allow limitations on how long such warranties, conditions and/or implied terms may last, so the limitation described above may not apply to you.

B) Disclaimer in relation to data:

Nimikry Music OG does not warrant, represent or undertake that it will be able to repair or replace any Nimikry Music OG Product under this warranty without risk to and / or loss of information and / or data stored on the Nimikry Music OG Product.

C) Limitation of liability:

Nimikry Music OG is not responsible for damage which is not Nimikry Music OG’s fault or any loss of data. If you are an entrepreneur, Nimikry Music OG is also not responsible for loss of benefits or profits. These exclusions shall not apply to (i) death or personal injury, (ii) fraud or gross negligence; or (iii) fraudulent misrepresentation; or (iv) any other liability that cannot be limited or excluded as a matter of law.

LEGAL

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PRICING

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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

DISPUTES

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