EULA Moodmixer GmbH for Moodmixer™Systems :

By using the Moodmixer software and system components or any other services provided by Moodmixer GmbH you acknowledge that you have read and understood this agreement and you agree to be bound by this agreement’s terms and conditions.

You also agree that this agreement is the complete and exclusive statement of the rights and liabilities of the parties and supersedes all proposals or prior agreements, oral or written and any other communication between the parties relating to the subject matter of this agreement.
This copyright declaration, the “End User License Agreement” and disclaimers are based on and regulated by German law.

Below you find a legally non-binding translation of the paragraphs „Scope of application”, “warranty and liablility”, “copyright”, “applicable law and jurisdiction” as well as “salvatorian clause”. Only the wording of the German version of this EULA is decisive. All programs and documents were created based on German law. If there were any infringements of changed, international or any other applicable law, it is done unintentional. Please let us know about any infringement or breach of law in order to allow corrections.

Translated excerpt:

1. SCOPE OF APPLICATION

These EULA, copyright declaration, terms and conditions apply to all services provided to users of MOODMIXER-Internet/Moodmixer INTRANET. Any amendments from these have to be specifically confirmed in writing by Moodmixer GmbH. In case of contradictions between any provision of the Moodmixer GmbH EULA and any other provision of EULA/terms and conditions, the provision of the Moodmixer GmbH EULA shall prevail. Moodmixer GmbH may at any time alter or change its terms and conditions and EULA.

2. WARRANTY AND LIABILITY

2.1 PLAYLIST SERVICE

The playlist service can only be accessed via internet connection or within an Intranet. If access to the webservice on the Internet or Intranet fails Moodmixer GmbH will not guarantee the availablility of access and can not be held liable fort he loss of the access.
If installed within a local INTRANET Moodmixer GmbH will not guarantee the accessibility within this network.
If access to the web-service is lost, The Moodmixer-Player software offers a fallback mode which will enable the playout to continue to play until access is restored.

2.2 MOODMIXER-INTERNET / MOODMIXER-INTRANET

Moodmixer GmbH have carefully developed and tested this system .The software, components and related documentation are provided to licensee “as is”. All express or implied conditions, representations, and warranties, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid. This software is not fault tolerant and should not be used in any environment, which requires this, such as on-line control of aircraft.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, MOODMIXER GMBH’S AGGREGATE LIABILITY TO LICENSEE OR TO ANY THIRD PARTY FOR CLAIMS RELATING TO THIS AGREEMENT, WHETHER FOR BREACH OR IN TORT, WILL BE LIMITED TO THE FEES PAID BY LICENSEE FOR THE SOFTWARE/SYSTEM WHICH IS THE SUBJECT MATTER OF THE CLAIMS. IN NO EVENT MOODMIXER GMBH WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF MOODMIXER GMBH HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

If a software bug will be found after contract start, Moodmixer GmbH will be liable for rectification (repairing the software) within a designated period. Client has to inform Moodmixer GmbH in case of a software bug in writing describing exact fault and its implications, if software is at fault Moodmixer GmbH will cure this fault within a reasonable time frame.

2.3 MUSIC DELIVERY

Moodmixer GmbH’s Player offers the functionality of downloading missing sound files from a given FTP-server.
In some cases it can happen that the music sound files are corrupted during transmission. Moodmixer GmbH will not guarantee the uncorrupted arrival of sound files and under no conditions will be held liable for corrupted sound files.
If the client notices a corrupted sound file it has to be deleted from the server and downloaded again.

3. COPYRIGHT

Moodmixer GmbH- shall be credited as the owner of the MOODMIXER-SYSTEM in all distributions of the MOODMIXER-SYSTEM.
Moodmixer GmbH is the exclusive world-wide licenser of the MOODMIXER-SYSTEM, and the copyrights and other proprietary rights therein. You are only allowed to use the Moodmixer-System once you bought licenses; the MOODMIXER-SYSTEM is not public domain or free software or freeware.
The Moodmixer System/Moodmixer-Internet / Moodmixer-INTRANET are exclusively copyrighted © 2003-2009 by Peter-Wolfgang Fischer of Moodmixer GmbH (Hamburg, Germany) & Kerstin Laveatz
The Moodmixer Logo, all icon logos, graphical surface, and all its related documentation are copyrighted © 2003-2009 by Peter-Wolfgang Fischer & Kerstin Laveatz of Moodmixer GmbH (Hamburg, Germany). All rights reserved.
All other trademarks are trademarks of their respective owners.
The Web service and administration is © 2005-2009 copyrighted by Peter-Wolfgang Fischer

4. APPLICABLE LAW AND JURISDICTION

This EULA shall be governed by and construed in accordance with German Law without reference to conflict of laws provisions. In case of any conflict the UN-international laws of sales will not apply.
Moodmixer GmbH is based in and directs its operations from locations in Germany. All legal proceedings relating to the Moodmixer-System or the formation or interpretation of this Agreement shall be brought forward only in courts located in Germany. In case of proprietary conflicts the place of jurisdiction will be Hamburg/Germany.
You hereby expressly submit to the jurisdiction of such courts and consent to extra-territorial service of process.

5. SALVATORIAN CLAUSE

If any provision of this AGREEMENT is held to be void, invalid or unenforceable, it will not affect the validity of the remaining provisions of this AGREEMENT, which shall remain valid and enforceable according to its terms and conditions.
Instead of the invalid/void provisions regulations of German Law are applicable.

You can read the exact german wording here