Steinberg
Software End User
License Agreement (EULA)
with Account Terms
and Conditions of Use
General
Steinberg Media Technologies GmbH (hereinafter:
"Steinberg") permits you as end-user to copy, download, install and
use the software in accordance with the terms and conditions of this Agreement.
These contractual provisions (EULA) shall also apply to other Steinberg
software products that you acquire, install and/or use in the future, unless
other Steinberg terms of use apply to this software.
Download,
Installation, use of the Product as well as product registration and product
activation may require the creation of an online account with Steinberg. Unless
stated otherwise, the software can only be used together with the license
management technology Steinberg currently uses (e.g. account or USB-eLicenser
and/or the Soft-eLicenser); products issued free of charge (free products) and OEM
software may only be used following registration and Trial Version Software can
be used only for a limited running time (e.g. 30 or 60 days). In general, you
are only entitled to support, updates and upgrades following a personal product
registration. Certain software may require for installation and use one or more
software downloads. Software can download, install and update components in the
background from the Internet. Internet access is required for the creation of an
account with Steinberg, software download, the activation process, personal
product registration and other functions including data exchange with
Steinberg.
You may accept these contractual provisions at the time of
purchase or download, or by installing the software on your computer, you agree
to these terms and conditions. You may return the product (incl. all written
materials, the complete undamaged packing as well as the enclosed hardware)
within 14 days to the place where you have purchased the product for a refund
of the purchase price if you do not agree with
the license terms or do not wish to keep the product for any reason.
1
Steinberg Software
Products
1.1 This Software
End-User License Agreement (EULA) shall apply for Steinberg software products
and also apply to other Steinberg software products including online services that
you acquire, install and/or use in the future, unless other Steinberg terms of
use apply to this software.
1.2 „Software“
includes (i) software files and other computer information of Steinberg and
third parties, (ii) demo songs and audio and video files contained therein,
(iii) written and electronic documentation (manual) belonging thereto and (iv)
all modified versions and copies, which are provided by Steinberg in the form
of updates, upgrades, patches and enhancements of Steinberg provided that these
are not regulated by another agreement.
1.3
The software may require one or more software downloads via
internet for installation and use. Software can download, install and update
components in the background from the Internet (e.g. adjustment to updates of
the operating system).
1.4 The software
and all authorized copies of this software which you make are the intellectual
property of Steinberg Media Technologies GmbH (hereinafter:
"Steinberg") and their suppliers. The software is legally protected
in particular by the copyright law of the Federal Republic of Germany and other
countries as well as by international treaties.
1.5 If you do not
accept the terms and conditions of this Agreement, the software will not work. You
may return the product within 14 days following acquisition of the product, if
you do not agree with the license terms or do not wish to keep the product for
any reason.
2
Grant of License
2.1 Steinberg
grants you a non-exclusive license for the use of the software according to the
terms and conditions of this Agreement. You may not lease, loan or sublicense
the software; unless the granting of such right is specified as a supplement to
this EULA on a license document, and/or on the invoice. Please keep these
documents as proof of licensing.
2.2 The samples of
so-called Loops remain the property of the respective rights holder and are
licensed by Steinberg to you only for use in the creation of a live or recorded
performance that includes the licensed samples as part of a derivative musical
work created by the licensed end user. This license includes the use of the
samples, the modification of the samples and the marketing of the derivative
musical work without infringing any rights of copyright collecting societies
and/or the owners of copyrights in any samples. The samples may not be
included, whether unmodified or as part of a derivative work, in any sample
library product.
2.3 If the software
is protected by account-based license management, you may install the
license of a software on any number of computers which are in your possession,
activate the software only on a limited number of computers (see the FAQ on the
Steinberg website for the number), but the software must only be used by a
single user (single-user license). For
single-user licenses, the software must only be used by a single user. If more
than one user will be using the Software at any one time, you must either
purchase multi-user licenses or additional single-user licenses. In the case of a
multi-user license, the number of seats (or quantity of multi-user licenses)
specifies the maximum number of simultaneous users of the license, either
using machine-based licenses on shared computers or consumed from a pool of
floating licenses used across a larger number of computers.
2.4 If the
software is protected by a hardware-based license management device (hereinafter
the USB-eLicenser) alone, you may install a license for the software on one or
at most 3 computers which are in your possession. The software may be used only
on one of the computers at the same time by using the license management device.
If the software (i) is protected by software-based license management
technology (hereinafter the Soft eLicenser, alone or together with the
USB-eLicenser) or (ii) has been sold to the first end user together with other
software and/or hardware (hereinafter: "OEM software") or (iii) the
software can be used only for a limited running time (e.g. 30 or 60 days)
(hereinafter: "Trial Version Software"), you may install and use a
license for the software only on one computer which is in your possession.
2.5 If you have
purchased the software in a rent-to-own model (instalment purchase) via a
third-party provider such as Splice.com (Distributed Creation Inc.), Steinberg
shall only act as a vicarious agent of the third-party provider. Your contract
partner and thus contact person for the instalment purchase and the usability
of the software is the third-party supplier from whom you purchase or have
purchased the software by instalment purchase. The rules agreed between you and
the third-party supplier at the time of conclusion of the instalment purchase,
for example, the period of use acquired with an instalment, the number and
amount of the instalments, also apply to the use of the software in accordance
with this EULA. Should you be in default with the payment of the instalments,
pause the instalment purchase or should this be interrupted or fail for other
reasons, Steinberg reserves the right to prevent the use of the software after
the expiry of the last paid period of use. After payment of the agreed last
instalment, we shall be informed by the third-party supplier and shall provide
you with a license of the software which can be used for an unlimited period of
time via your Steinberg account. You will need this account to use the software
purchased by instalment purchase.
2.6 Every lecturer
and student of an educational establishment may receive software according to a
special licensing for educational purposes; this software may not be used for
commercial purposes. Software with licensing for an educational establishment
can be installed and used on a server and arbitrary workstations within the
educational establishment as well as once for every or a specified number of
lecturer and student on a computer at home for the processing of teaching
related tasks of the educational establishment. Software with licensing in
connection with music and schoolbooks of authorized publishing houses may be
installed and used up to the maximum specified number of installations. The
granting of a license for lecturer and student, an educational establishment
and the maximum number of permissible installations of the software in
connection with music and schoolbooks will be specified as a supplement to this
EULA on a license document and/or on the invoice. Please keep these media and
documents as proof of licensing.
2.7 You are
entitled to prepare a backup copy of the software which will not be used for
purposes other than storage purposes.
2.8 All
intellectual property rights in the software belong to Steinberg and its
suppliers. You shall have no further right or interest to use the software
other than the limited rights as specified in this Agreement. Steinberg and
their suppliers reserve all rights not expressly granted.
2.9 Steinberg trusts
that you honor this license agreement (EULA) and that you are the only user if
you have obtained a single user license. If Steinberg discovers that the
Software has been fraudulently purchased or illegal obtained, Steinberg
reserves the right and will disable the license irrespective that it has been
verified once by Support as legitimate or has already been transferred. If Steinberg
detects that you are sharing your single user license with multiple users,
Steinberg reserves the right to charge you for the additionally required
licenses or to disable the license.
2.10
The software may contain functions for which Steinberg offers
additional services, without charge or subject to fees, possibly according to
separate terms of use. Steinberg reserves the right to modify or terminate such
services without prior notice.
3
Steinberg Account and
Data Protection
3.1
You may need a Steinberg Account for download, installation, use
of product as well as activation and product registration of the Steinberg
products and services, and in addition, for license management to protect these
against unlawful copying.
3.2
The opening of the Steinberg Account, the personal product
registration and product activation (see Section 5 Licence module) may be
necessary to permanently use the product and service as well as to receive
support, updates and upgrades. In the course of creation of the account, you
will receive a Steinberg ID, which is a unique identifier of the account
holder. Steinberg operates the Steinberg Account with an availability of at
least 97.5% on an annual average, excluding standard market maintenance windows.
3.3 Note on Data
Protection: Steinberg located in Germany will comply
with the EU General Data Protection Regulation (EU GDPR) and the German Data
Protection Act. At the creation of an account with Steinberg you are asked to provide
your personal data (like name, address, email address, date of birth, country)
and at the product registration within your account the license data for the
purposes specified above. The creation of a Steinberg Account with wrong
information like regarding your name is not permitted and a violation of the Agreement.
You must be at least 16 years old or provide us with proof of parental consent.
Sharing your Steinberg Account is prohibited. Steinberg may communicate with
you regarding the fulfillment of the Agreement, inform about changes to the
account, licensed products, updates, scheduled maintenance, or security-relevant
incidents to the email address provided.
In
the case of products supplied free of charge and trial version software,
information on your usage behaviour can also be exchanged,
whereby at least with trial version software it is possible to object to the
collection or to deactivate it. In the case of products purchased, it may be
possible to expressly consent to the exchange of usage data or to switch this
on or, if problems occur, to have the software installation checked for errors,
to create error and usage logs and to transmit these error and usage logs to
Steinberg.
Information
on data protection is specified in the Annex Information on Data Protection
to this Agreement, which is not part of this Agreement, and is also displayed
in the Steinberg Account. Steinberg reserves the right to modify and update the
Information on Data Protection at any time, which will be displayed in the
Steinberg Account. Steinberg may also inform you about relevant changes in the
Steinberg Account and/or to the email-address provided.
3.4
To protect your Steinberg Account, keep your password
confidential. You must not share your password with third parties and are
responsible for the activity that happens on your Steinberg Account. Try to use
a unique password for your Steinberg Account and not to reuse the password on
or from third-party applications. Securing access and/or restoring access to
your account may require another email address and/or another mobile device
with e.g. Android or iOS operating system.
3.5 The user may terminate
the Steinberg Account together with the Agreement at any time. After
termination of the Steinberg Account, the registered products and services,
support, update and upgrades may not work. Upon
termination of the Steinberg Account, you may be offered a means to recover
your usage rights to an Account again later within 36 months, provided the
product is still available then. After this time, Steinberg reserves the right
to withdraw this option.
3.6 Steinberg may
terminate the Steinberg Account and Agreement for important reasons. An
important reason may be, for example, if you provide a wrong name, are younger
than minimum age, share your Steinberg Account with other users, register
illegal products or misuse the Steinberg Account for illegal or unethical
behavior.
4
Support, Updates and
Upgrades after Product Registration
4.1 You as
licensee can only receive support, updates and upgrades following the personal
product registration in your Steinberg Account. Support is provided only for
the current version and for the previous version during one year after
publication of the new version. Steinberg can modify, regulate separately for
special and multiple licenses and partly or completely adjust the extent of the
support (hotline, on the website etc.), updates and upgrades at any time. In
case of software with licensing for an educational establishment, the support
may be provided according to a separate regulation, for example, with a limited
number of persons with access to the usual support for a product, and the rest
of users without personal registration but limited to a knowledge base with
frequently asked questions and answers (FAQ). You also get support for
OEM software without product registration provided that this is specified in
the enclosed product documentation and on the packing, if any. In case of
Trial Version Software or free products, there exists no support, updates or upgrades.
4.2 Your
eligibility for an update, upgrade or crossgrade to the Software will be
verified. For details of these processes, please refer to the Steinberg
website. Failure to complete the verification process may render the software
unusable.
4.3
You must have a valid license for the previous or more inferior
version of the software in order to be allowed to use an update, upgrade or
crossgrade for the software; however, the Trial Version Software, NFR products,
or free products do not entitle you to the update, upgrade or crossgrade. Upon
transferring this previous or more inferior version of the software to third
parties the right to use the update, upgrade or crossgrade of the software
shall expire. The acquisition of an update, upgrade or crossgrade does not in
itself confer any right to use the software. The right of support for the
previous or inferior version of the software expires upon the installation and
activation of an update or upgrade. At an upgrade the later version can have a modified
functional range, for example, functions may be added, modified or dropped.
4.4
The software may contain functions, which exchange information
with Steinberg servers via internet connection (separate costs may incur) to
offer you e.g. updates and upgrades (e.g. a free update to a later version, if
this version appears within 6 weeks after purchase and installation of your
product), to download and install such updates.
4.5
The software may also include functions to determine the most
propriate product version for the computer you are using when downloading. The
data will be used also for general statistical surveys, purchase evaluations, to
improve our services and for support as well as license management. In addition
to personal identifiers, the exchanged information may include the following
details of the used computer: e.g. hardware platform, used downloader and
installer programs, operating system version and set language, which product
will be installed from which source, free space, comparison of Windows, Mac OS
and product version (32 or 64 bit), geolocation (truncated IP-based) and time
stamp.
5
Licence module (e.g. Account or eLicenser)
5.1 Steinberg uses
for license control an account-based license management or a hardware device
connected through the USB connection of a computer (hereinafter
"USB-eLicenser") and/or a protection scheme (hereinafter "Soft
eLicenser") in the case of many products. In case of account-based license
management, certain operations such as transferring your license will require
you to log in to your Steinberg account and may require additional verification
steps to protect your licenses.Hardware and/or software-based License management
technology such as the USB-eLicenser and/or Soft eLicenser permanently saves
the license information and regulates access to the software. If a
USB-eLicenser is required for the use of the software, then the USB-eLicenser
must be connected physically to the computer through the USB interface.
5.2
For the activation of the software, updates or upgrades of the
software the computer must be connected to the server of Steinberg through the
Internet, in case of the USB-eLicenser by using the device. . If the product
was delivered with the USB-eLicenser, the license information can already be transferred
to the USB-eLicenser. If the product was delivered with a product card, or online
via e.g. email, the enclosed activation codes must be entered manually by the
user upon installation and the license information must be exchanged online with
the server of Steinberg.
5.3
In the event of OEM software, for which an activation is required
for use, the activation codes may be sent to an email-address submitted by you
during a registration or otherwise communicated to you. Further, the activation
codes must be entered manually by the user upon installation and the license
information must be exchanged online with the server of Steinberg.
5.4
The reinstallation of the software - on the same or another
computer - is permitted only in case the already installed software cannot be
used any more (e.g. following deinstallation). If the software does not use a
USB-eLicenser, but requires activation codes, the new activation codes may be
obtained from the user's Steinberg account. Possibly, the activation codes must
be entered manually by the user upon installation and the license information
must be exchanged with the server of Steinberg. Steinberg may require for the
provision of further activation codes e.g. your proof of purchase (invoice,
receipt) and a validated assurance (e.g. by fax or signed letter) stating your
name, address and that the already installed software cannot be used any more.
Trial Version Software can be used on a computer also at reinstallation only
altogether e.g. 30 or 60 days (or as indicated).
5.5
You can also use another computer other than the one on which the
software is to be installed for the activation and transfer of license data to
the USB-eLicenser, if the software is using a USB-eLicenser. However, in such a
case a corresponding access software (e.g. eLicenser Control Centre,
"eLCC") must be installed on the computer connected to the Internet,
which may be subject to a separate licensing agreement.
6
Defect and loss of
the USB-eLicenser
6.1 In the case of
a defect or damage to the USB-eLicenser Steinberg or a third party engaged by
Steinberg will check the USB-eLicenser. In the case of a legitimate claim the
USB-eLicenser and the licenses included shall be replaced in return for a
handling fee. The licenses will only be replaced provided that they are
licenses issued by Steinberg.
6.2
If the USB-eLicenser is mislaid as a result of loss, theft or otherwise,
Steinberg will replace upon notification of the registered user the
USB-eLicenser and the licenses against a handling fee. Steinberg reserves the
right to block the licenses saved on the USB-eLicenser upon being notified by
the registered user of the loss.
6.3
In case of defect, loss or damage to the USB-eLicenser, the
registered user can obtain via the Steinberg online customer portal a short temporary
license for all Steinberg products (25h All Application License) to allow an
uninterrupted use of the software (Steinberg Zero Down Time - SZDT). Steinberg
may refuse the temporary license and the replacement of the USB-eLicenser according
to subsection 6.1, 6.2 and 6.3 at repetition or suspicion of abuse. Further claims
against Steinberg are excluded.
7
Modification of the
software
7.1 A modification
of the software is permitted only insofar as far as the software is capable of
such modification in accordance with its intended function. You may not
decompile, disassemble, carry out reverse engineering or try in another manner
to determine the source code of the software, unless this is permitted by law.
Furthermore, you must not modify the binary code of the software to bypass in
any manner the activation function or the use of the license module (Account or
USB-eLicenser and/or Soft eLicenser).
8
No Unbundling
8.1 The software
usually contains a variety of different files which in its configuration ensure
the complete functionality of the software. The software may be used as one
product only. It is not required that you use or install all components of the
software. You must not arrange components of the software in a new way and
develop a modified version of the software or a new product as a result. The
configuration of the software may not be modified for the purpose of
distribution, assignment or resale.
9
VST Transit Terms of
Use
9.1 VST Transit is
a service of Steinberg through which data of your music projects can be
exchanged and stored between you and a third person via the Internet. Users can
download the data of their music projects at any time. Before terminating the
service, users should download the music projects they want to keep, as
Steinberg will delete all data upon termination. In addition to the limited
free storage space, optional paid storage space is offered.
9.2 Steinberg warrants
an availability of the service of at least 98% per year. The data shall be
exchanged from the computer used with the server of Steinberg operated by a
provider and may also be stored in a cloud operated by a provider outside the
European Union (EU) or the European Economic Area (EEA).
9.3 Users may only
use this service for its intended purpose and in accordance with applicable
law. If Steinberg is of the opinion that the use of the service is not in
accordance with the intended purpose and/or the use of the service violates
mandatory legal provisions (e.g. copyright, criminal law), Steinberg shall be
entitled to block the use of the service for participating users as well as to
cooperate with law enforcement authorities.
10 Assignment of Rights
10.1 You may assign
all your rights to use the software to another person subject to the conditions
that (a) you assign to this other person (i) the Agreement for the software,
(ii) the license connected to your Steinberg account, and (iii) the
software or hardware provided with the software, packed or preinstalled
thereon, including all components, copies, updates, upgrades, backup copies and
previous versions, which granted a right to an update or upgrade on this
software, (b) you do not retain updates, upgrades, backup copies und previous
versions of this software and (c) the recipient accepts the terms and
conditions of this Agreement as well as other regulations pursuant to which you
acquired a valid software license. Any products issued free of charge, Trial
Version Software and software referred to as not-for-resale (NFR) may not be
assigned to another person.
10.2 Any return of
the Product due to a failure to accept the terms and conditions of this
Agreement shall be excluded after product activation or assignment of rights.
11 Limited Warranty ("Gewährleistung")
11.1 The warranty
("Gewährleistung") for you as first buyer of the software located
within the European Union (EU) is specified in Subsection 10.2 and the warranty
for you as first buyer of the software located outside the EU is specified in
Subsection 10.3 of this Agreement.
11.2
Limited Warranty within the EU: In the event that you as
a first buyer of the software are located within the EU, the following
limitation of liability shall apply.
11.2.1
If Steinberg has sold the software directly to you as an end user,
Steinberg warrants ("gewährleistet") that the software essentially
executes the functions described in the enclosed documentation upon receipt,
provided that the software is employed in accordance with the minimum
requirements for the operating system and the computer hardware. Insignificant
divergences from the functions described in the documentation do not give rise
to any warranty claim. Other documents and statements are unremarkable for the
composition of the product.
11.2.2
If the user is consumer within the EU, the statutory warranty
("Gewährleistung") to defects of the product shall apply. If the user
is a businessman, Steinberg provides warranty for defects of the product at its
discretion by further fulfillment (improvement or substitute delivery) within
one year. However, there exists no warranty for Trial Version Software or
products issued free of charge.
11.3
Limited Warranty outside the EU: In the event that you as
a first buyer of the software are located outside the EU, the following
limitation of liability shall apply.
11.3.1
Steinberg ensures ("gewährleistet") to the person who
acquires first-time the license for the use of the software according to this
Agreement, for the duration of ninety (90) days as of receipt of the software,
that the software executes essentially the functions described in the enclosed
documentation at receipt, provided that the software is employed according to
the minimum requirements for the operating system and the computer hardware.
Insignificant differences of the functions described in the documentation do
not justify any warranty claim. Other documents and statements are
insignificant in terms of the quality of the product.
11.3.2
If the software does not essentially fulfill the functions
described in the documentation, your only warranty claim against Steinberg and
Steinberg's only obligation consists in an exchange of the software or a refund
of the selling price at the discretion of Steinberg.
11.3.3
Further warranty obligations according to the laws of your country
remain unaffected. However, there exists no warranty for Trial Version
Software or products issued free of charge.
12 Limitation of Liability
12.1 The limitation
of liability for you as first buyer of the software located within the EU is
specified in Subsection 11.2 and the limitation of liability for you as first
buyer of the software located outside the EU is specified in Subsection 11.3 of
this Agreement.
12.2
Limitation of Liability within the EU: In the event that you as
a first buyer of the software are located within the EU, the following
limitation of liability shall apply.
12.2.1
Irrespective of the legal grounds Steinberg shall only be liable
to compensate or replace futile expenses in accordance with the following
stipulations.
12.2.2
Steinberg shall be liable for damages caused by the intentional or
grossly negligent conduct of Steinberg, its legal representatives, managerial
employees or any other vicarious agents and damages arising from death, bodily
damage and damage to health from the assumption of a guarantee or from a
procurement risk as well as Steinberg's liability for damages pursuant to the
Product Liability Act (Produkthaftungsgesetz). In the case of damage caused by
the grossly negligent conduct of any other vicarious agents, the liability
shall be limited to those damages which are typically to be expected within the
scope of an agreement such as the present one. Any further liability under this
Agreement shall be excluded.
12.2.3
In the case of damage caused neither by intentional nor by the
grossly negligent conduct of Steinberg, Steinberg shall only be liable where an
obligation is violated, the fulfillment of which is of particular significance
to the achievement of the contractual purpose (cardinal obligation). In this
case, the restrictions of liability pursuant to the foregoing subsection 11.2.2
sentences 2 and 3 shall apply. In case of Trial Version Software and software
or services without charge, the liability for damages according to this
subsection shall be excluded.
12.2.4
The liability for loss of data shall be limited to the typical
cost and effort of retrieving the data which would have occurred, if the data
had been stored properly and in a risk-adequate manner.
12.2.5 This limitation of liability
for Steinberg shall also apply for the benefit of Steinberg's employees in the
event that any claims are filed directly against them.
12.3
Limitation of Liability outside the EU: In the event
that you as a first buyer of the software are located outside the EU, the
following limitation of liability shall apply.
12.3.1
Except for the aforementioned rights Steinberg or Steinberg's
authorized distributors assume no liability for loss, damages, claims or costs
of any type, direct or indirect damages including consequential damages arising
from business interruptions, injuries to persons, or lack of due care or claims
of third parties, even if a representative of Steinberg was informed about the
possibility of such losses, damages, costs or claims. This limitation shall
apply also in the event of a fundamental breach of this Agreement.
12.3.2
The total liability of Steinberg and its distributors in the
context of this Agreement shall be limited to the amount which was paid for the
software or service, if any.
12.3.3
The aforementioned restrictions shall not apply in countries where
a limitation of liability is inadmissible.
13 Infringement
13.1 You should
inform Steinberg promptly in writing if a third party raises any claim against
your use of the software. Steinberg may defend you, if you reasonably support
Steinberg.
14 Further Provisions
14.1 Steinberg is
entitled to send you a modified version of the Agreement replacing the existing
version which you may accept or which will be deemed to be accepted unless you
object in written form within two weeks. Steinberg will inform you about this
in the notification of the modified version of the Agreement.
14.2 This Agreement
constitutes the entire understanding of the subject matter between the parties.
Subsidiary agreements have not been concluded. Supplements and amendments of
this Agreement must be made in writing; a waiver of the requirement of the
written form must also be made in writing.
14.3
If any provision of this Agreement should be or become invalid, in
whole or in part, this shall not affect the validity of the remaining provisions.
The invalid provision shall be deemed to be replaced by the parties with a
valid regulation which comes as close as possible to the commercially desired
purpose originally intended for the ineffective provision; the same shall apply
in the case of a contractual gap.
14.4 This Agreement
shall be governed and construed by the laws of the Federal Republic of Germany excluding
the UN Convention on the International Sale of Goods (CISG) and the EU
conflicts of law (Rome I), which shall not apply.
14.5
The exclusive place of jurisdiction with respect to all disputes
based on or in connection with this Agreement shall be Hamburg. Steinberg can
bring an action against you at your general place of jurisdiction.
Information on
Data Protection
1.
Steinberg located in Germany will comply with the EU General Data
Protection Regulation (EU GDPR) and the German Data Protection Act. At the
creation of an account with Steinberg you are asked to provide your personal
data (like name, address, email-address, date of birth, country) and at the
product registration within your account the license data for the purposes
specified.
2.
The controller of the personal data is Steinberg Media
Technologies GmbH (Steinberg) located at Beim Strohhause 31, 20097 Hamburg,
Germany with contact at info@steinberg.de. The Steinberg data protection
officer is available at dpo@steinberg.de.
3.
The purpose of processing is the contract fulfilment, in
particular creation and use of the Steinberg Account, license control, download,
installation, use of registered products and services, statistical evaluations,
purchase evaluations, receipt of support, updates and upgrades. The legal basis
for processing is the Agreement according to Art. 6 para. 1 b) EU GDPR. In the
case of products supplied free of charge, exchange and processing of usage data
serves product improvement and is based on the fulfilment of the Agreement according
to Art. 6 para. 1 b) EU GDPR. In the case of Trial Version Software, the
exchange and processing of usage data serves product improvement and is based
on a legitimate interest according to Art. 6 para. 1 f) EU GDPR for software
improvement with the possibility of objection, for example, in the product or Steinberg
account. In the case of products purchased, there may be an option to give one-time
or permanent consent to the exchange and processing of usage data serving
product improvement and support according to Art. 6 para. 1a) EU GDPR, with the
possibility to withdraw the consent at any time for the future, for example, in
the product or Steinberg account. The period of storage will be for the use of
the account and registered products and services until deleted by the user,
objection or withdrawal against usage data, which are stored for a maximum up
to 2 years, or without a registered product and service after one year or after
48 hours following the creation of the Steinberg Account, if the user does not
confirm the Steinberg Account upon request by the email provided.
4.
Recipients of the data may be Steinberg’s employees for support
reasons or distribution and sales partners also outside the EU/EEA. The
regional distribution or sales partner in whose area you specify your country
of residence in the account can view the data for requested support. The
regional distribution or sales partner are listed in the account. Further
categories of recipients as suppliers even outside the EU/EEA with safeguards
of an adequate data protection like an EU model clause agreement, which
Steinberg will provide upon request as copy
- Identity and Access Management: ForgeRock Ltd., UK, safe third country
according to the adequacy decision of the EU Commission
- Hosting: Amazon Web Services LLC, USA, AWS GDPR
Data Processing Addendum which also includes the EU model clauses; Corpex
Internet GmbH, Germany, Commissioned Data Processing Agreement
- Ticket System: Zendesk Inc., USA, EU model
clauses
5.
The user has the right to request from the controller access to
and rectification or erasure of personal data or restriction of processing
concerning the data subject as well as the right to data portability and to
lodge a complaint with a supervisory authority. If you do not provide or
restrict mandatory data, the software or the service, support, update and
upgrades may not work.
6.
Steinberg reserves the right to modify and update this information
on data protection at any time. For example, Steinberg is entitled to replace or
involve any contract processor as supplier even located outside the EU/EEA.
Steinberg may inform you about relevant changes.