Terms and Conditions

Recording studio Andreas Prinz, Treffling 22, A-3353 Seitenstetten.

Shop@prinz-records.at

www.shop.prinz-records.at

UID: ATU 490 67 003

Place of jurisdiction: Waidhofen an der Ybbs

Information according to § 5 (1) E-Commerce Act

Responsible for the content:

Leopoldine Prince

leopoldine@prinz-records.at

Disclaimer

1. Content of the online offer
The author assumes no liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are excluded in principle, unless the author can be proven to have acted with intent or gross negligence fault exists.
All offers are non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to temporarily or permanently discontinue publication.

2. References and Links
In the case of direct or indirect references to external websites ("hyperlinks") that are outside the author's area of responsibility, liability would only come into effect if the author was aware of the content and it was technically possible and reasonable for him to do so to prevent the use of illegal content.
The author hereby expressly declares that no illegal content was discernible on the linked pages at the time the link was created. The author has no influence whatsoever on the current and future design, the content or the authorship of the linked/connected pages. He therefore hereby expressly distances himself from all content on all linked / connected pages that were changed after the link was created. This statement applies to all links and references set within our own website as well as to third-party entries in guest books, discussion forums, link directories, mailing lists and all other forms of databases set up by the author, the content of which can be accessed externally. The provider of the page to which reference is made is solely liable for illegal, incorrect or incomplete content and in particular for damage resulting from the use or non-use of such information, not the person who merely refers to the respective publication via links.

3. Copyright and trademark law
The author endeavors to observe the copyrights of the images, graphics, sound documents, video sequences and texts used in all publications, to use images, graphics, sound documents, video sequences and texts he has created himself or to use license-free graphics, sound documents, video sequences and texts . All brands and trademarks mentioned within the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the property rights of the respective registered owner. The conclusion that trademarks are not protected by the rights of third parties should not be drawn solely on the basis of the mere mention! The copyright for published objects created by the author himself remains solely with the author of the pages. Reproduction or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the express consent of the author.

4. Privacy

We process the data of our customers as part of our contractual services, which include advertising graphics, web design, corporate identity, printing service, advice, advertising concepts, etc. We process inventory data (e.g. customer master data such as names or addresses), contact data (e.g. e- Mail, telephone numbers), content data (e.g. text input, photographs, videos), contract data (e.g. subject matter of the contract, term), payment data (e.g. bank details, payment history), usage and metadata (e.g. as part of the evaluation and success measurement of marketing measures ). In principle, we do not process special categories of personal data, unless these are part of commissioned processing. Those affected include our customers, interested parties and their customers, users, website visitors or employees as well as third parties. The purpose of the processing is the provision of contractual services, billing and our customer service. The legal bases for the processing result from Article 6 Paragraph 1 Letter b GDPR (contractual services), Article 6 Paragraph 1 Letter f GDPR (analysis, statistics, optimisation, security measures). We process data that is required to justify and fulfill the contractual services and point out the necessity of their disclosure. Disclosure to external parties only takes place if it is required as part of an order. When processing the data provided to us as part of an order, we act in accordance with the instructions of the client and the legal requirements for order processing in accordance with Article 28 GDPR and do not process the data for any purposes other than the order-related purposes.

Created with the Datenschutz-Generator.de by RA Dr. Thomas Schwenke.

In principle, your data will be stored by us for as long as there are statutory storage obligations or storage is necessary to fulfill our statutory tasks, and beyond that as long as guarantee, warranty or limitation periods have not yet expired.

The customer agrees that his personal data, namely name/company, profession, date of birth, company register number, powers of representation, contact person, business address and other addresses of the customer, telephone number, fax number, e-mail address, bank details, UID number for Purposes of fulfilling the contract and looking after the customer as well as for our own advertising purposes, for example for sending offers, advertising brochures and newsletters (in paper and electronic form), as well as for the purpose of pointing out the existing or previous business relationship with the customer (reference note) automatically determined, stored and processed.

The client agrees that electronic mail will be sent to him for advertising purposes until further notice. This consent can be given at any time in writing by letter or email to Prinz Records, Andreas Prinz, Treffling 22, 3353 Seitenstetten, shop@prinz-records.at be revoked.

Legal appeal

In principle, you have the right to information, correction, deletion, restriction, data transferability and objection. For this, please contact us. If you believe that the processing of your data violates data protection law or your data protection rights have otherwise been violated in any way, you can complain to the supervisory authority. In Austria, the data protection authority is responsible.

5. Validity of this disclaimer
This disclaimer of liability is to be regarded as part of the website from which reference was made to this page. If parts or individual formulations of this text do not, no longer or not completely correspond to the applicable legal situation, the remaining parts of the document remain unaffected in their content and validity.

General Software Terms

published by the Association of the Austrian Electrical and Electronics Industry (FEEI)

1. Subject of the contract

1.1 These software conditions apply to legal transactions between companies, specifically for the delivery and licensing of software. Software within the meaning of these terms and conditions are computer programs within the meaning of the§40a Austrian copyright lawfor use on, for the operation or for the control of electrotechnical and/or electronic devices and systems including documents provided for this purpose in accordance with point 5.

1.2 The scope of services and related software services and any additional services are to be defined in individual contracts. These conditions also apply to these software services and additional services.

2. Grant of Rights

2.1. Unless otherwise agreed in an individual contract, the licensee receives the non-transferable and non-exclusive right to use the software in compliance with the contractual specification at the agreed installation site. In the case of supplied hardware, this right is limited exclusively to use on this hardware.

In the case of independent software, use is only permitted on the hardware defined in the contract according to type, number and installation location. Use on hardware other than that defined in the contract and on several workstations requires a separate written agreement.

2.2 All other rights to the software are reserved by the licensor. Without the Licensee's prior written consent, the Licensee shall, without prejudice to the provisions of the§40d Austrian copyright lawtherefore in particular not authorized to copy the software, to change it, to make it available to third parties or to use it on hardware other than that defined in the contract.

3. Conclusion of contract

3.1 In case of doubt, the licensor's offers are non-binding. The contract for the delivery and licensing of the software, including the associated software services to be agreed in an individual contract, is deemed to have been concluded if the licensor has confirmed the order in writing after receiving the order from the licensee or has made the first partial delivery.

3.2 All offer and project documents may not be reproduced or made available to third parties without the consent of the licensor. They can be reclaimed at any time and must be returned to the licensor immediately if no contract is concluded between the licensor and the licensee for the order in question.

3.3 Subsequent changes and additions to the contract for the delivery and licensing of the software, including these conditions, must be in writing. Provisions deviating from these conditions are deemed to have been agreed in individual contracts if the licensor expressly agrees to them.

4. Licensee's Obligations to Cooperate

Subject to an individual contractual regulation, the licensee is responsible for:

Choosing from the software offered by the licensor;
In the case of individual software, for the transmission of all information required to create a specification;
The use of the software and the results obtained with it;
The import of new versions and updates made available by him;

5. Software Specifications

5.1 The licensor makes the specifications available for standard software.

5.2 A specification must be agreed in writing between the licensor and the licensee for individual software commissioned by the licensee.

5.3 Software specifications can include, for example, performance features, documentation on special functions, hardware and software requirements, installation requirements, conditions of use, operation (user manual).

5.4 The licensee is responsible for complying with the software specifications, in particular the conditions of use, as well as obtaining and complying with any official approval conditions.

6. Delivery, assumption of risk and acceptance

6.1 Unless otherwise agreed in an individual contract, the licensor shall deliver the software to the licensee in machine-readable form. This takes place either in the form of a physical delivery or transfer of a physical data medium or by making it available in electronic form (e.g. download). The licensor is entitled to deliver the current version at the time of delivery.

6.2 If no delivery date is agreed, the licensee will be notified of the delivery date by the licensor.

6.3 Software and data carriers are shipped at the licensee's risk and within 2 working days.

6.4 There is no test period.

6.5 The software is deemed to have been purchased upon acceptance

6.5.1 Licensee confirms compliance with the Contractual Specifications;

6.5.2 the licensee does not give notice of significant defects in writing within the test period; or

6.5.3 the licensee uses the software after the end of the test period in the context of his business operations.

6.6 If no acceptance is planned, the time of delivery takes the place of acceptance with regard to the legal consequences according to point 7.1. In any case, the risk passes to the licensee upon delivery.

7. Warranty and Responsibility for Defects

7.1 In the case of software, the licensor guarantees compliance with the specifications valid at the time the contract was concluded, provided that the software is used in accordance with the applicable installation requirements and under the applicable conditions of use. No warranty claims can be derived or liability justified from information in catalogues, brochures, advertising material and written or oral statements that have not been included in the contract. Unless otherwise agreed in an individual contract, the statutory warranty period applies from acceptance or delivery.

7.2 Unless otherwise agreed in an individual contract, the burden of proof that the defect already existed at the time of handover is based on the statutory warranty provisions.

7.3 A prerequisite for the assertion of warranty claims, unless otherwise agreed in the individual contract, is an immediate inspection or test of the software upon delivery and an immediate written notification of defects in which the licensee, to the best of his or her efforts, reports the deviation from the specification; the operating steps that led to the defect; as well as the error message of the software must be announced in detail.

7.4 Prerequisites for any rectification of defects are that

it is a dysfunctional abnormality;
this is reproducible;
the licensee may have installed new versions and updates that were offered to him free of charge within the warranty period;
the licensor receives from the licensee all documents and information necessary to remedy the defect; and
the licensor is granted access to hardware and software during his normal working hours.

7.5 The elimination of defects, i.e. functional deviations from the valid specifications, is carried out at the discretion of the licensor by supplying new software or by making appropriate changes to the program.

7.6 Unless otherwise agreed in an individual contract, there is no warranty for software to which the licensee or third parties have made changes without the prior written consent of the licensor, even if the defect occurs in a part that has not been changed.

7.7 Unless otherwise agreed in advance in an individual contract, a change to the hardware or hardware configuration originally made available for the software installation by the licensee or third parties will result in the warranty becoming void.

7.8 Unless otherwise agreed in an individual contract, the licensor assumes no liability

for third-party software that is not part of the contract,
for the cooperation of contractual software with other software programs in use or planned by the licensee or
for merely short-term, software-typical functional interruptions or malfunctions.

7.9 Improper handling or errors in the operation or use of the software by the licensee or third parties will result in the exclusion of the warranty.

7.10 If the software does not correspond to the specifications while the warranty is valid and the licensor is unable to achieve compliance with the specifications within a reasonable period of time despite sustained efforts, each contractual party has the right to terminate the contract for the software in question Reimbursement of benefits received, cancel with immediate effect.

7.11 Defects in individual programs do not give the licensee the right to dissolve the contract with regard to the other programs.

7.12 Unless otherwise agreed in an individual contract, further claims based on the title of defectiveness of the software, with the exception of those according to point 7, are excluded.

7.13 Maintenance (e.g. error diagnosis and elimination, care, etc.) that does not fall under the remedy of defects, as well as the respective bearing of the costs, are to be agreed separately.

8. Intellectual Property Rights and Copyright

8.1 The licensor will support the licensee in defending against all claims based on the fact that the software used in accordance with the contract infringes an industrial property right or copyright that is effective under the Austrian legal system. Licensee will promptly notify Licensor in writing if any such claim is made against it and, in the event of any litigation, will provide notice of litigation to give Licensor an opportunity to intervene.

8.2 If claims are made based on the infringement of property rights for which the licensor is responsible, the licensor can change or exchange the software or obtain a right of use at his own expense. If this is not possible with reasonable effort, the licensee must, at the request of the licensor, immediately return the original and all copies of the software, including the documents provided, in return for reimbursement of the remuneration. All claims of the licensee regarding the infringement of industrial property rights and copyright are hereby conclusively regulated, to the exclusion of any further obligation of the licensor.

8.3 The licensor reserves the right to check (“audit”) the agreed use of the software himself or through commissioned third parties (“subcontractors”), provided that he announces the check in writing 14 days in advance. The licensee is obliged to participate in the audit and to grant the licensor or his subcontractors sufficient access to information related to the use of the software (e.g. servers, business books, etc.). Any underpaid remuneration must be paid within 14 days after a written request. In addition, the licensor is entitled to terminate the contract extraordinarily. The cost of the audit is to be agreed separately.

8.4 The licensee shall ensure through technical or other measures that the software used by him does not fall under the same OSS license conditions due to open source software.

8.5 For software for which the licensor only has a derived right of use (third-party software), the terms of use agreed between the licensor and his licensor apply in addition and take precedence over the present conditions, insofar as they relate to the licensee (e.g. End User License Agreement). The licensor refers to these and makes them available to the licensee upon request.

8.6 The licensee is responsible for safeguarding all of the licensor's rights (e.g. industrial property rights, copyright including the right to copyright notices) to the software and safeguarding the licensor's claims to non-disclosure of trade and business secrets, also by the licensee's employees and vicarious agents or third parties; this also applies if the software has been modified or linked to other programs. This obligation remains in force even after the end of the contract;

9. Liability

9.1 Unless otherwise agreed in an individual contract, the licensor is liable for damages only if intent or gross negligence can be proven within the framework of the statutory provisions. The overall liability of the licensor in cases of gross negligence is limited to the net order value or EUR 500,000, whichever is lower. Licensor's liability per claim is limited to 25% of the net order value or EUR 125,000, whichever is lower.

9.2 Unless otherwise agreed, liability for slight negligence, with the exception of personal injury, as well as compensation for consequential damage, pure financial loss, indirect damage, loss of production, financing costs, costs for replacement energy, loss of energy, data or information, loss of profit, savings not achieved, loss of interest and damage from claims by third parties against the licensee are excluded.

9.3 Unless otherwise agreed in an individual contract, any compensation is excluded in the event of non-compliance with any conditions for installation, implementation and use (such as those contained in operating instructions) or official approval conditions.

9.4 If contractual penalties have been agreed, further claims of the licensee from the respective title are excluded.

9.5 Unless otherwise agreed in an individual contract, the licensor assumes no liability for the cases mentioned in point 7.8.

9.6 The licensee is liable to the licensor for the breach of the obligations assumed in point 5.4 and indemnifies and holds the licensor harmless.

9.7 The provisions of point 9 apply conclusively to all claims of the licensee against the licensor, regardless of the legal basis and title, and are also effective for all employees, subcontractors and subcontractors of the licensor.

10. Payment

10.1 The amount and due date of the one-time and/or ongoing user fee is to be agreed in the individual contract, as is any value protection.

10.2 The licensor has the right to send the invoice electronically.

11. Duration and Termination

11.1 The duration of the right of use depends on the contract. The right of use ends at the end of the agreed period of use or is limited to the period of use of any hardware defined in the contract.

11.2 Upon termination of the right of use, the licensee is obliged, at the discretion of the licensor, to return the entire software, including the documents provided, to the licensor or to verifiably destroy it. This also applies to software that has been modified or is linked to other programs.

11.3 If, in the case of individual software, no agreement can be reached on the acceptance of the specification sheet, the licensor is entitled to terminate the contract with immediate effect. Services rendered up to that point are to be reversed in accordance with the statutory provisions.

11.4 If the licensee does not meet his obligations, the licensor is entitled to refuse to provide the service and to withdraw from the contract after setting a reasonable deadline. In any case, the licensee is liable for all damages (e.g. for downtimes, etc.) that the licensor incurs as a result of non-compliance with these obligations.

11.5 If insolvency proceedings are opened against the assets of the licensee or an application for initiation of insolvency proceedings is rejected due to insufficient assets, the licensor is entitled to withdraw from the contract without setting a grace period. If this resignation is exercised, it will take effect immediately with the decision that the company will not continue. If the company is continued, a withdrawal only becomes effective 6 months after the opening of insolvency proceedings or after the application for opening due to lack of assets has been rejected. In any case, the contract will be terminated with immediate effect, provided that the insolvency law to which the licensee is subject does not preclude this or if the termination of the contract is essential to avert serious economic disadvantages for the licensor.

12 Assertion of Claims

All claims of the licensee must be asserted in court within 3 years of the performance of the services, otherwise the claim will be lost, unless mandatory statutory provisions provide for other deadlines.

13 Export Compliance

13.1 When passing on the goods delivered by the licensor and the associated documentation to third parties, regardless of the manner in which they are made available or the services provided by the licensor, including technical support of any kind, the licensee must comply with the applicable national and international (re)export regulations. In any case, when passing on the goods or services to third parties, he must observe the (re-)export regulations of the country in which the licensor is based, the European Union, the United Kingdom of Great Britain and Northern Ireland and the United States of America.

13.2 If necessary for export control checks, the licensee must immediately provide the licensor with all necessary information, including information about the end recipient, end destination and intended use of the software or services.

14. General

14.1 The licensor must notify the licensee if he uses the services of subcontractors. Affiliated companies of the licensor are deemed approved in advance.

14.2 If individual provisions of the contract or these conditions should be ineffective, the validity of the remaining provisions shall not be affected. The invalid provision is to be replaced by a valid one that comes as close as possible to the intended purpose.

14.3 The German language version is the authentic version of the conditions and is also to be used to interpret the contract.

15. Venue and Law

The competent court at the licensor's headquarters in Waidhofen/Ybbs has exclusive jurisdiction to decide on all disputes arising from the contract – including those relating to its existence or non-existence. The contract is subject to Austrian law to the exclusion of referral standards. The application of the United Nations UNCITRAL Convention on Contracts for the International Sale of Goods is excluded.

16 Reservation Clause

The fulfillment of the contract on the part of the licensor is subject to the proviso that there are no obstacles to fulfillment due to national or international (re-)export regulations, in particular no embargoes and/or other sanctions.

As of December 2022

AGB: AGB