Licence terms for SampleDecks
1. Provider and scope
These licence terms govern the use of the SampleDecks software supplied by onexip GmbH, Prießnitzstraße 39B, 01099 Dresden, Germany.
The terms apply to the SampleDecks licence purchased in each case. Differing terms apply only where they have been expressly agreed.
SampleDecks is sold to consumers and to businesses. These licence terms apply in addition to the terms of the checkout. They are accepted by confirmation during checkout, not only upon installation.
2. Subject matter
Purchasing a licence does not transfer ownership of the software. What is granted is a right of use, unlimited in time, to the major version purchased, to the agreed extent.
- Product name: SampleDecks
- Software for Windows and macOS
- The scope of the licence follows from the purchase page, the order confirmation and these terms.
3. Grant of licence
The licence entitles the holder to use SampleDecks for private, professional and commercial purposes, unless the specific scope of the licence provides otherwise.
Public and commercial use is expressly permitted, for example on radio, in streams, in theatres, at events and within businesses. There is only one type of licence; no distinction is made between private and commercial use.
4. Devices and activations
Each licence includes one regular activation and one backup activation. The backup activation is intended for a replacement computer and must not be used at the same time as the regular activation.
Moving to a different device is possible by releasing the existing activation beforehand. The same licence covers Windows and macOS. No assurance is given that the software will work in virtual machines.
5. Term of the licence
The licence is paid for once and is unlimited in time for the major version purchased, here SampleDecks 3. It is not a subscription; no recurring costs arise.
Updates within the major version purchased are included. Moving to a future major version, for example SampleDecks 4, is not included.
The licence does not expire by itself and is not terminated by technical means. The right of use can only end in the event of a breach of these terms; section 16 governs the consequences.
6. Demo version
The demo version has the full range of functions and is limited solely in time:
- five minutes of trial time
- one extension by a further five minutes
- a further trial is possible after restarting
The demo is not restricted in its functions. It is intended for testing before purchase; a licence is required for permanent use.
7. Permitted use
The following is permitted in particular:
- installation within the scope of the licence under section 4
- use of your own audio files
- creation of your own sample banks
- export and backup of your own content
Your own sounds and your own sample banks may be imported and exported without restriction. A separate licence is required for each workstation; this also applies to use on a network and on shared computers.
8. Prohibited use
The following is prohibited, unless mandatory statutory rights provide otherwise:
- passing on licence keys without authorisation
- renting, lending or sub-licensing
- circumventing technical protection measures
- distributing the software
- reverse engineering, except where permitted by law
9. Your own sounds and third-party rights
Users are themselves responsible for holding the necessary rights to the audio, image and other files they use in SampleDecks.
No rights are claimed in users' own content.
10. Included sample banks
Three sample banks are included in the purchase:
- SampleDecks Drumset 1
- SampleDecks Sounds
- U96 – Das Boot
The sounds they contain may be played publicly and commercially and edited for your own purposes. They must not be passed on, published or sold as a sound or sample collection of your own. The same rights apply to all three sample banks.
11. Updates, upgrades and support
Updates within the major version purchased are included, that is, bug fixes and improvements within SampleDecks 3.
An upgrade to a new major version, for example from SampleDecks 3 to SampleDecks 4, is not included; it is offered separately and on reduced terms.
Bug fixes are offered for as long as the major version in question is current. Support by email is included in the purchase. There is no entitlement to compatibility with future operating system versions.
12. Availability and system requirements
The current system requirements are published on the download page.
SampleDecks 3 requires Windows 10 or newer, or macOS 10.11 or newer. On Macs with Apple silicon the software runs through Rosetta 2 and not natively.
13. Warranty
For consumers the statutory warranty rights apply without restriction.
The statutory provisions likewise apply to businesses. Differing agreements apply only where they have been expressly made.
There is no defect where a deviation is due to the system requirements under section 12 not being met, or to the software being operated in an environment for which no functioning is assured.
14. Liability
onexip GmbH is liable without limitation for damage arising from injury to life, body or health, and for other damage caused intentionally or through gross negligence.
Where a material contractual obligation is breached through slight negligence, liability is limited to the foreseeable damage typical of this type of contract. An obligation is material where its fulfilment is what makes proper performance of the contract possible in the first place and where the other party may regularly rely on it being met.
In all other respects, liability for damage caused by slight negligence is excluded.
Liability under the German Product Liability Act (Produkthaftungsgesetz) and liability arising from an expressly given guarantee remain unaffected.
Users are themselves responsible for backing up their own data and their own sample banks at regular intervals.
15. Transfer of the licence
The licence is not transferable. It must not be sold, given away, rented out or otherwise passed on to third parties. Mandatory statutory rights remain unaffected.
16. Termination
Where the right of use is effectively terminated, use of the software must cease. Statutory rights remain unaffected.
A licence will only be blocked in the event of proven use beyond the scope of the licence or manipulation of the activation. Perpetual licences used properly remain in force.
Your own sample banks and your own sounds are held solely locally on your computer. They are neither inspected nor deleted nor blocked.
17. Governing law and place of jurisdiction
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
Where the user is habitually resident in another state, the mandatory consumer protection provisions of that state remain unaffected.
Where the user is a merchant, a legal person under public law or a special fund under public law, Dresden is the place of jurisdiction for all disputes arising from this contract. For consumers, the statutory places of jurisdiction apply.
18. Final provisions
Amendments and additions to these licence terms require text form.
Should a provision of these licence terms be invalid, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of the invalid provision.
These licence terms are drawn up in German. Versions in other languages serve comprehension; in the event of discrepancies, the German version prevails.
19. Contact
onexip GmbHPrießnitzstraße 39B01099 DresdenGermany
Email: support@ultramixer.com