1. THE STORE The Store enables you to purchase CDs, merchandise, digitised versions of audio recordings, artwork and information relating to such audio recordings, and other content (collectively, "Music Content").
2. MUSIC CONTENT 2.1 Rights Granted. Upon payment for Music Content, we grant you a non-exclusive, non-transferable right to use the Music Content only for your personal, non-commercial purposes, subject to the Agreement. 2.2 Restrictions. You must comply with all applicable copyright and other laws in your use of the Music Content. Except as set forth in Section 2.1 above, you may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Music Content. We do not grant you any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Music Content. 2.3 All Sales Final; Explicit Content. All sales of Music Content are final and risk of loss transfers upon sale. We do not accept returns of Music Content. We have no liability for Music Content you find to be offensive, indecent or objectionable. 2.4 Physical CD Sales, Merchandise Sales. You may return new, unopened items sold and fulfilled by the Store within 30 days of delivery for a full refund. 2.5 Refunds. Requirements for a Full Refund
3. SOFTWARE We may make available to you software for your use in connection with the Store (the "Software"). Terms contained in the MathiasBaumann.Com Terms And Conditions apply to your use of the Software. For additional terms that apply to certain third party software, see the Legal Notices section within the Software application.
4. GENERAL 4.1 Reservation of Rights; Waiver. The Store, Software and Music Content embodies intellectual property that is protected by law. Music Content copyright owners are intended third-party beneficiaries under the Agreement and may enforce the Agreement against you and invoke all rights under the Agreement including limitations of liability. All licenses granted to you are non-exclusive. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights. 4.2 Termination; Amendments. Your rights under the Agreement will automatically terminate without notice and without refund of any fees or any other compensation if you fail to comply with its terms. We may amend the Agreement at our sole discretion by posting the revised terms on the Store or on MathiasBaumann.Com. Your continued use of the Store or the Software after any amendment evidences your agreement to be bound by it. 4.3 Contact Information. For communications concerning the Agreement, please write to music(at)mathiasbaumann.com 4.4 Severability. If any term or condition of the Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.
5. DISPUTES 5.1 Disputes/Binding Arbitration. Any dispute or claim arising from or relating to the Agreement or the Store is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in the MathiasBaumann.Com Terms And Conditions at http://www.mathiasbaumann.com/termsandconditions. You agree to those terms by entering into the Agreement or using the Store. 5.2 Limitation of Liability. Without limiting the disclaimer of warranties and limitation of liability in the MathiasBaumann.Com Terms And Conditions: (a) in no event will our or our Software licensors' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Software exceed the amount of fifty Euro (EUR 50.00); and (b) in no event will our or our Music Content providers' total liability to you for all damages arising from your use of the Store, the Music Content, or information, materials or products included on or otherwise made available to you through the Store, exceed the amount you paid to purchase the Music Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.