Steinberg Account Terms and Conditions of Use

Please read carefully. If you click the button “accept”, you enter into the Steinberg Account Terms and Conditions of Use (Agreement) between Steinberg Media Technologies GmbH (hereinafter: "Steinberg") and you and/or your company, institution or other organization (“you”). If you cannot accept these terms, please do not accept.

1. Your Steinberg Account
   1. You may need a Steinberg Account for the personal product registration and product activation of Steinberg products and services and/or products and services of other producers, which use Steinberg’s license management system for license control to protect the software and services against unlawful copying and use.
   2. The opening of the Steinberg Account, the personal product registration and product activation 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.
   3. At the creation of an account with Steinberg you are asked to provide your personal data (like email address, name, 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. In order to open an account, you must be at least 16 years old or provide us with proof of parental consent. Steinberg may communicate with you regarding the fulfillment of the Agreement to the email-address provided.
   4. To protect your Steinberg Account, keep your password confidential. You 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.

2. 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.
   2. Information on data protection is specified in the Annex Information on Data Protection to this Agreement (see below), 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. Registered Products and Services
   1. Any Steinberg products and services are subject to an accompanying Steinberg End-User License Agreement (EULA), which will be displayed for acceptance by you at online purchase, download or installation. The same shall apply to products and services of other producers, which use Steinberg’s license management system. Such EULA for the registered product and/or service shall govern the respective grant of license, requirements, support, updates and upgrades and further provisions. If you do not accept the EULA, the product and/or service will not work.
   2. The product and service 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.

4. Support, Updates and Upgrades after Product Registration
   1. You as licensee can only receive support, updates and upgrades following the personal product registration. 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 Trial Version Software, there exists no product registration, warranty or any support, updates or upgrades.
   2. The software may contain functions, which exchange information with the license server of Steinberg via internet subject to individual configuration to offer you updates and upgrades (e.g. free upgrade to later version, if this version appears within 6 weeks after purchase of your product), to download and install such updates and upgrades and to review the software installation regarding defects, to create defect protocols and to exchange such defect protocols with Steinberg. The individual configuration is possible during the installation and at any time later in anonymous or personalized form.
   3. The software may also include functions (e.g. Auto Update Client) to determine the most appropriate product version for the computer you are using when downloading. The data will be used anonymously also for general statistical surveys to improve our services. The exchanged information may include the following details of the used computer: used downloader and installer programs, operating system version and set language, which product will be installed from which source, free space, comparison of Windows and product version, geolocation (IP-based) and time stamp. The functions in subsection 4.2 and 4.3 cannot be used without the exchange of data. You can turn on and off these functions at any time.

5. Termination
   1. 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.
   2. 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, register illegal products or misuse the Steinberg Account for illegal or unethical behavior.

6. Limitation of Liability
   1. Steinberg is responsible for intentional and negligent acts as well as for damages resulting from the lack of guaranteed quality features and for damages resulting from any harm caused to life, body or health. In case of slightly negligent acts, irrespective of the legal ground, Steinberg can only be held responsible for a violation of those duties which are essential for this agreement and to such damages which have typically to be taken into account with regard to the providing of the product.
   2. 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.
   3. The total liability of Steinberg under this agreement - except for intent - shall be limited to the price of the purchased product(s). Steinberg shall be liable for direct damages only; any indirect and consequential damages shall be excluded.
   4. This liability regime shall also apply to the liability of Steinberg's employees, representatives and vicarious agents. Liability according to the Product Liability Act (Produkthaftungsgesetz) remains unaffected.

7. Final Provisions
   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.
   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.
   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.
   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.
   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.

Annex: 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 privacy@steinberg.de. The aim of processing is the contract fulfilment, in particular creation and use of the Steinberg Account, license control, use of registered products and services, receipt of support, updates and upgrades. The legal basis for processing is the Agreement according to Art. 6 para. 1 b) EU GDPR. The period of storage will be for the use of the account and registered products and services until deleted by the user 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.
3. Recipients of the data may be Steinberg’s employees for support reasons. 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
   - License Management System: ForgeRock Ltd., UK
   - Hosting: Amazon Web Services LLC, 410 Terry Ave. North, Seattle, Washington 98109, USA; Corpex Internet GmbH, Schauenburgerstraße 6, 20095 Hamburg, Germany
   - Ticket System: Zendesk, Inc., 1019 Market Street, San Francisco, CA 94103, USA
4. 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.
5. Steinberg reserves the right to modify and update this information on data protection at any time. For example, Steinberg is entitled to replace any contract processor as supplier even located outside the EU/EEA. Steinberg may inform you about relevant changes.