Legal notice

END USER LICENSE AGREEMENT (EULA)

IMPORTANT: THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND UJAM MUSIC TECHNOLOGY GMBH. READ IT CAREFULLY BEFORE USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE UJAM’s SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA AND REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF THIS EULA AND WILL ABIDE BY THEM. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,  YOU MUST NOT INSTALL, COPY, OR OTHERWISE USE THE SOFTWARE.

1. Definitions

  • “UJAM” means UJAM Music Technology GmbH, registered at the Commercial Court of Bremen, HRB 28666 HB

  • "SOFTWARE" The term "SOFTWARE" means the software supplied by UJAM (including any upgrades, modified versions or updates thereof), including but not limited to UJAM’s virtual instruments, effects, and other audio plugins including any plugins under the VIRHARMONIC brand,, the UJAM APP, any sound data (including but not limited to sound data licensed at a later stage, updated or modified), Sound Content (as defined below), associated media, online documentation, and any accompanying documentation whether printed or electronic. 

2. LICENSE GRANT

UJAM grants you a non-exclusive, revocable, personal, non-transferable, non-sublicensable license to use the SOFTWARE according to the terms of this EULA.

2.1 Evaluation License

Unless the SOFTWARE has been unlocked with a legally obtained license key in order to prove a specific license grant, the implicit Evaluation License allows you to install and use ("RUN") a time limited or feature limited version of the SOFTWARE for test and evaluation purposes. An evaluation version of the SOFTWARE must not be used for commercial purposes.

2.2 Full License

The single license permits either a single user to RUN the SOFTWARE on multiple computers or multiple users to RUN the SOFTWARE on a single computer. However, it does not allow multiple users to ever RUN the SOFTWARE on multiple computers, regardless of whether such use is concurrent. If you sell or otherwise give away  your hardware that has the SOFTWARE installed, all SOFTWARE installed on such  hardware must be deleted before giving it away to a third party.

3. Activation of Trial Versions

  • After entering your email address, you can download the SOFTWARE and use it for a time-limited evaluation period. For this purpose the SOFTWARE will be activated on your computer for the duration of the evaluation period. 

  • For the activation of the trial version you will need an internet connection. The activation process will take place in the SOFTWARE.

  • During activation a digital fingerprint of your hardware configuration as well as a time stamp will be stored in UJAMs registration database. 

  • For transmitting your information over the internet, UJAM uses a secure SSL connection with 128-bit encryption in compliance with current security standards. For more information about how UJAM handles personal data, please see UJAM’s privacy policy, which is incorporated into this EULA: https://www.ujam.com/legal/en/privacy-policy/

  • Installing an update of the SOFTWARE may make it necessary to repeat the activation.

  • UJAM activation utilizes information about key components of your computer and encrypts this information in an activation request. The activation request will be used for the generation of an activation code that will only work on the computer the activation request was generated by.

  • To use the SOFTWARE on a different system, or after major changes to your computer system, you may have to activate the SOFTWARE again.

4. Authorization of a Full License

  • To use the licensed SOFTWARE beyond the trial period, the SOFTWARE has to be authorized in an online process after purchasing a SOFTWARE LICENSE.

  • Without authorizing the SOFTWARE you will not be able to use it.

  • When purchasing the SOFTWARE LICENSE you will be asked to enter your full name, your address and a valid email address as well as a password. This information will be stored in UJAMs registration database, along with a license key and a digital fingerprint of your hardware configuration.

  • An internet connection will be required for authorizing the licensed SOFTWARE. The authorization process will take place directly in the user interface of the SOFTWARE and will require the email address and password you entered during purchasing..

  • For transmitting your information over the internet, UJAM uses a secure SSL connection with 128-bit encryption in compliance with current security standards. For more information about how UJAMs handles personal data please see: https://www.ujam.com/legal/en/privacy-policy/

  • installing an update of the SOFTWARE may make it necessary to repeat the authorization. 

  • UJAM Authorization utilizes information about relevant components of your computer and encrypts this information in an authorization request. The authorization request will be used for the generation of an activation code that will only work on the computer the activation request was generated.

  • Should UJAM – for whichever reason – fail to fulfill its obligation to provide an authorization code for the SOFTWARE that you purchased a SOFTWARE LICENSE for, UJAM will provide you with a code that ensures that you can continue to use the SOFTWARE.

  • To use the SOFTWARE on a different computer, or after major changes to your computer system, you may have to activate the SOFTWARE again.

5. USE OF UJAM APP

The following terms apply specifically when using the SOFTWARE “UJAM App”:

If you use the UJAM App (the “App”), then the following terms apply: The App is a tool to, amongst other things, administer and manage your SOFTWARE licenses and other content downloads, provide you with and automatically install the most recent versions of our SOFTWARE, and to provide you with personalized content directly within the App. The App therefore needs to process your Usage Data (as defined in our Privacy Policy) to function as contractually promised. You agree to such processing when using the App. If you do not wish such processing of your data, please update your App settings to the extent possible according to your needs or refrain entirely from using the App.

6. INFORMATION ON THE USE OF DATA

In certain situations, such as your creation of a user account, the activation of your SOFTWARE or any contact with our support team, or when using the App, certain personal data needs to be processed. Furthermore, when using the SOFTWARE, we may process Usage Data (as defined in our Privacy Policy) to function as contractually promised, although please note that you can customize certain related settings by installing the App and changing its settings. Please see the current version of our Privacy Policy for detailed information on our use of your personal data. If you do not agree with the provisions and data practices explained in  our Privacy Policy, please refrain from installing and using the SOFTWARE.

7. LICENSE RESTRICTIONS

  • Distribution. You may not distribute copies of the SOFTWARE or the license key to third parties.

  • Sound Content. The provided samples, instruments and presets can be used for commercial or non-commercial music and audio productions without the prior permission from UJAM under the terms of this EULA. The usage of this Product (in particular samples, instruments and presets) for the creation of a sound library or as a sound library for any kind of synthesizer, virtual instrument, sample library, sample-based product or other musical instrument is strictly prohibited. Individual samples, sound sets or audio loops may not be distributed (commercially or otherwise) standalone. Furthermore these samples, sound sets or audio may not be repackaged in whole or in part as audio samples, sound libraries or sound effects. 

  • Secrecy. As the owner of a license key you are responsible for keeping this key secret. If any third party gets access to your license key due to willful or negligent act, you are liable for the damage that arises to UJAM.

  • Reproduction. Except for backup and installation purposes the SOFTWARE must not be reproduced on any type of media (including, but not limited to, CD-ROM, DVD or internet download) without the formal approval from UJAM.

  • Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

  • Prohibition on training your own or a third-party algorithm. You may not use the Software, including any Sound Data, to train artificial intelligence, your own or a third-party algorithm, and/or any other kind of machine learning processes.

  • Not for Resale Software. If the SOFTWARE is labeled "Not for Resale" or "NFR", then you may not sell, or otherwise transfer for value, the SOFTWARE.

  • Rental. You may not rent, lease, or lend the SOFTWARE or otherwise encumber any copy of the SOFTWARE, or any of the rights granted herein.

  • Transfer. You may not transfer your rights under this EULA to another end user without UJAM’s prior written consent. If such consent is obtained, you may permanently transfer this License to another end user provided you transfer the entire SOFTWARE to such end user, and you do not retain any copies. The recipient of such transfer must agree to all terms and conditions of this EULA.

  • Reservation of Rights. UJAM retains all rights not expressly granted.

  • Non-Exclusive Rights. Your license rights under this EULA are non-exclusive.

8. COPYRIGHT AND OWNERSHIP

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. You may use trademarks only to identify output produced by the SOFTWARE, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark.

9. WARRANTY; LIABILITY

This Section 9 only applies if you are a EU, UK, EEA, or Swiss resident or registered business.

The SOFTWARE is subject to statutory warranty rights. Please note that any agreement you may have executed with a third party vendor to obtain a license for this product may contain certain contractual restrictions which may apply to you.

Unless specified otherwise below, any other claims of the Licensee – on any legal grounds whatsoever – will be ruled out. For this reason, UJAM will not be liable for damages not caused to the delivered software itself; in particular UJAM will not be liable for losses in profits or for any other financial losses suffered by the Licensee. Where the liability of UJAM is ruled out or restricted, this will also apply for the personal liability of employees, representatives and vicarious agents.

Should UJAM violate a significant duty of the contract (defined as contractual obligation whose execution is necessary for the execution of the contract and upon which the Licensee relies and may rely), the duty to compensate for material damages will be limited to foreseeable damages typically incurred in cases of contractual violations of this nature.

The above restrictions of liability shall not apply to personal injuries affecting body, life, and health, to willful or grossly negligent behavior, or to claims arising from the German Product Liability Act (“Produkthaftungsgesetz”).

10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Section 10 only applies if you are NOT a EU, UK, EEA, or Swiss resident or registered business.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SOFTWARE, INCLUDING ANY CONTENT, ANY MATERIALS, OR OTHER PRODUCTS PROVIDED BY OR ON BEHALF OF UJAM PURSUANT TO THIS AGREEMENT ARE PROVIDED “AS IS” AND UJAM AND ITS AFFILIATES AND ITS LICENSORS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, INTEGRATION, THE QUALITY OF THE SOFTWARE OR ANY ASSOCIATED PRODUCTS OR SERVICES, CONTENT PROVIDED BY UJAM, THIRD PARTY CONTENT, TIMELINESS, OR NON-INTERRUPTION.

UJAM, ITS AFFILIATES AND ITS LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE IN ANY WAY FOR ANY CLAIM, DAMAGE, COST, LIABILITY, OR LOSS OF ANY KIND, INCLUDING LOSS OR DAMAGE TO YOUR OR YOUR BUSINESS, YOUR ACCOUNT, YOUR RELIANCE ON THE SOFTWARE AND SERVICES, OR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATING TO THE SOFTWARE, SERVICES, OR THIRD PARTY SERVICES FOR ANY REASON. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UJAM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) ARISING FROM OR RELATING TO THIS EULA, OUR SOFTWARE, OR ANY CONTENT THEREIN, INCLUDING WITHOUT LIMITATION, SOCIAL MEDIA ACCOUNTS, THIRD PARTY CONTENT OR ANY THIRD PARTY SERVICES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL UJAM BE LIABLE FOR MORE THAN THE AMOUNT PAID BY YOU TO UJAM IN THE 6-MONTHS PRECEDING THE CLAIM, OR €10, WHICHEVER IS GREATER.

THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY ARE ESSENTIAL TO THIS EULA AND THAT UJAM WOULD NOT ALLOW ACCESS THE SOFTWARE AND SERVICES, WITHOUT ACCEPTANCE OF THIS EULA. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF UJAM FOR (I) DEATH OR PERSONAL INJURY CAUSED BY THE GROSS NEGLIGENCE OF UJAM, ITS EMPLOYEES, OR ITS AGENTS; (II) WILLFUL MISCONDUCT OF UJAM, INCLUDING FRAUDULENT CONCEALMENT OF DEFECTS; OR (III) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

11. INDEMNIFICATION

Licensee agrees to indemnify, defend and hold harmless UJAM and its affiliates and their respective officers, employees, directors, agents, licensees (excluding you), sublicensees (excluding you), successors and assigns from and against any and all liability, costs, losses, damages and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from (a) your breach of any term of this EULA; (b) your violation of any rights of any third party, including but not limited to violation of any copyright or other third party intellectual property rights; or (c) your use or misuse of the SOFTWARE. Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.

12. GOVERNING LAW AND JURISDICTION

Most issues can be resolved simply by contacting us and we encourage you to do so. However, the following rules apply in case we are not able to resolve the dispute informally:

12.1 If you are a EU, UK or EEA resident or registered business:

This EULA shall be governed by the laws of Germany without regard to its conflict of law rules. The Convention on Contracts for the International Sale of Goods shall not apply. If the Licensee is considered to be a consumer by applicable law, this choice of law shall only apply to the extent that applicable consumer protective laws of his/her state of residence shall remain untouched.

12.2 If you are a resident or registered business outside of the US, UK, EU, EEA and Switzerland:

This License Agreement shall be governed by the laws of Germany without regard to its conflict of law rules. The Convention on Contracts for the International Sale of Goods shall not apply.

12.3 If you are a U.S. resident or registered business:

This EULA shall be governed by the laws of New York without regard to its conflict of laws rules and you consent to the exclusive jurisdiction of the state and federal courts located in New York County. The Convention on Contracts for the International Sale of Goods shall not apply.

You waive any claim of inconvenient forum and any right to a jury trial. To the maximum extent permitted by applicable law, you agree to not (1) seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity; or (2) consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of all parties to this License Agreement and all other actions or arbitrations.

13. TERMINATION

This EULA shall continue for as long as the SOFTWARE is used according to the terms of this EULA. However, UJAM may terminate this EULA and revoke the granted license if you fail to comply with any of its terms and conditions. In such event, you must destroy all copies of the SOFTWARE. The limitations of warranties and liability set forth in this EULA shall continue in force even after termination.

14. SEVERABILITY CLAUSE

If any provision of this EULA or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application, and to this end the provisions of these policies and regulations are severable. In lieu thereof there shall be added a provision as similar in terms to such illegal, invalid and unenforceable provision as may be possible and be legal, valid and enforceable.

 

Status: November 2, 2026