公司简介

1. General

1. Introduction
The following Subscription Terms and Conditions (“Subscription Terms”) apply to your access and use of the Native Instruments subscription offers, including all products, features, functionalities, websites, user interfaces, content and software contained therein and related thereto (collectively, “Services”). The Services may be offered to you in different modules that vary in size, scope and number of included products, content, features and functionalities (each a “Tier”). Any reference to the Services in these Subscription Terms shall indicate the Tier of the Services you ordered. References to “Native Instruments” or “we”/“us” shall indicate (i) Native Instruments GmbH, Schlesische Straße 29-30, 10997 Berlin, Germany, or (ii), if otherwise specified in these Subscription Terms, an affiliate of the Native Instruments Group. References to “you” shall indicate the customer who created the account and whose payment method is charged. By subscribing to the Services, you agree that you have accessed, read and shall be bound by these Subscription Terms. If you do not agree, you must not access and use the Services.


2. Additional Terms
The use of some features of the Services may be subject to additional terms and conditions from Native Instruments, affiliates of the Native Instruments Group and/or other third parties, as set forth in these Subscription Terms, which are hereby incorporated by reference.


3. Eligibility Requirements
You confirm that you are legally capable of entering into binding contracts. In particular, in order to subscribe to the Services and create an account, you must be at least 18 years old or have the consent of your legal representative at hand or fulfill your contractual duties with your own means within the meaning of Sec. 110 German Civil Code (“BGB”). You are responsible for your own account, which means that you must ensure at all times that your account information is true, accurate, complete and up to date and that your password is secure. You are liable to us for any loss or damage resulting from an unauthorized access or use of your account. If you believe that your account is accessed or used by someone else, please contact us immediately.

2. Provision of the Services

1. License Grant
Subject to your compliance with the provisions of these Subscription Terms, Native Instruments grants you the non-exclusive, limited, revocable, non-sublicensable and non-transferable right to use the Services for the duration of your subscription in accordance with these Subscription Terms. The Services are licensed, not sold to you, and we, together with our licensors, retain all ownership right, title and interest therein and thereto (including, but not limited to, copyrights, patents, trade secrets, trademarks, designs, trade dress and other rights protected under applicable intellectual property laws, collectively “Intellectual Property Rights”). You shall not remove any product identification, trademark, copyright or other notices contained in or on the Services. Nothing in these Subscription Terms shall be construed as an authorization for you to sublicense, loan, rent, resell, or otherwise transfer the Services or parts thereof to a third party.


2. Use of the Services
a) Audio content
You may use the audio content embedded in the Services; i.e., samples, instruments, sound sets, loops, presets and other audio files (“Content”), only for your commercial or non-commercial music and audio production in accordance with these Subscription Terms. Your music and audio production must qualify as a creative work (e.g., compositions, tracks, melodies, songs, albums, background scores or similar). The usage of the Content for the creation of a sound library, or as a sound library for any kind of synthesizer, virtual instrument, sample library, sample-based product or other musical instrument, or comparable usage is strictly prohibited. You must not sell, rent, loan, lend, give away, sublicense, transfer or otherwise distribute (commercially or otherwise) the Content or parts thereof as a standalone product, but only as incorporated in your music and audio production. Further, the Content may not be reassembled, in whole or in part, as sound libraries, audio samples, loop packs or sound effects. You shall not reproduce and/or otherwise use the Content in any manner for purposes of training artificial intelligence technologies. Any use of the Content not expressly permitted under this section requires express written permission of Native Instruments.


b) Educational use
Any Services or parts thereof labeled or otherwise provided to you for educational purposes (an “Educational” or “EDU” version) shall only be used by students or those working in educational institutions. This definition includes students, faculty, staff and administrators attending and/or working at an educational institution: private/public schools, colleges, universities and similar entities. EDU versions must not be used for commercial purposes.


c) Allowed number of devices
You may install and personally use the Services on three devices (e.g., one computer, one laptop, one workstation), provided that the Services are used only on one device at a time. Simultaneous use on more than one hardware device is not permitted. The Services may not be used on a network by multiple users, unless each user has subscribed to the Services individually.


d) Restrictions on Use
Notwithstanding the foregoing, you shall not, without Native Instruments’ prior written consent:

i) attempt to access or use the account of any other user, or upload, share or submit content containing any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, or Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
ii) reproduce, duplicate or otherwise copy the Services, in whole or in part, unless this is technically necessary for the use of the Services in accordance with the provisions of these Subscription Terms,
iii) create a backup, unless this is necessary to secure your future use of the Services;
iv) disable or modify any copy protection technology used in the Services;
v) alter or modify, translate, adapt, merge, make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the Services;
vi) collect, harvest, ‘mine‘ or ‘scrape’ any data contained in the Services, or use the Services or any parts thereof in any manner for purposes of training artificial intelligence technologies;
vii) upload, share or submit any content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trademark right, design right, trade secret rights in passing off, rights of privacy, publicity, or confidence, under data protection legislation or intellectual property laws;
viii) upload, share or submit content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libelous, maliciously false, inaccurate, misleading, depicting violence (in an explicit, graphic or gratuitous manner), offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of hate speech or discrimination legislation;
ix) engage in offensive or abusive behavior, or use the Services for any unlawful purposes;
x) impersonate another user, or use virtual private networks, false email addresses or any other means to mask your identity;
xi) abuse any rating system on the Services;
xii) do or omit to do anything that would bring us, the Services, our suppliers or other users into disrepute or in any way damage our or their reputation; or
xiii) interfere with another user’s use and enjoyment of the Services in any other manner that could damage, disable, overburden or impair the Services.

e) Customer Submissions
We welcome your feedback to continuously improve our Services. Except where expressly provided otherwise by us, all comments, feedback, information, or materials submitted to us through or in association with the Services (”Submissions”) shall be considered non-confidential and our property. By providing such Submissions to us, you agree to assign to Native Instruments, at no charge, all perpetual, worldwide rights, title and interest in Intellectual Property Rights to the Submissions. Native Instruments shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide and that you, not Native Instruments, have full responsibility for the Submissions, including their originality, reliability, legality, appropriateness and copyright.


3. Third-Party Services
a) Use of Third-Party Services
The Services may contain features and functionalities as well as content and software owned and provided by third parties (collectively, “Third-Party Services”), for which you are granted a license to use by such third party. By your activation or use of such Third-Party Services, you agree to be bound by any license terms provided to you by the third party via the section “Software License Agreements of Third Parties” set out in our End User License Agreement. You further agree that you use the Third-Party Services at your own risk, and that Native Instruments shall have no responsibility or liability to you for Third-Party Services.


b) Links
The Services may include links to websites of third parties. These links are provided solely for your convenience to provide further information and should not be interpreted as endorsement of any third-party website by us. We take no responsibility for the content, and we will not be liable for any loss or damage that may arise from your use of these websites.

3. Order, Registration and Activation of the Services

1. Order of the Services
Your order of the Services is considered a contract offer. If we send you an electronic order confirmation or provide the Services to you, we accept your offer to contract with us. Any free trial period granted to you when ordering the Services shall not affect the validity of the contract from the date of acceptance by us. All our communications in relation to the Services, in particular product descriptions, technical specifications, promotional materials, offers or any other statements by us relating to the Services, regardless of the form of communication (e.g., via website, email, social media or otherwise), are for informational purposes only, subject to change and non-binding, unless expressly designated as binding in writing. If we make you an offer that is expressly designated as binding, we shall be bound by it for 2 (two) weeks, unless expressly stated otherwise in writing. Our right to change the Services in accordance with Section 9 shall remain unaffected.


2. Registration and Activation of the Services, Updates
In order to access and use the Services, you must create and maintain a user account with Native Instruments, activate the Services, and download and install the products included in the Services. Native Instruments provides different services and software tools for managing your registration, installation and activation of the Services, which are mandatory for the use of the Services.


a) Registration
The creation of a user account is a free service offered by Native Instruments. It must be used to access the Services, including, but not limited to, product license storage, access to download services, and support services. In order to subscribe to the Services, you must register with your name, contact details, billing and shipping information in your user account. You may have the option of linking your account with third-party services, e.g., payment or social login providers. In such cases, your data will be shared with these service providers for the performance of the contract. Please see our Privacy Policy for further information about how Native Instruments processes your personal data.


b) Activation and Installation
In order to activate the Services, Native Instruments generates a so-called “Activation Request Code” on the basis of information relating to the essential system components of your computer device. The Activation Request Code is used to create an activation key, which works only on the computer where the Activation Request Code has been generated. You agree that (i) use of the Services requires an internet connection for activation purposes at least once per subscription term, and (ii) you are required, upon request by Native Instruments, to log into your user account in order to activate the Services. If you want to use the Services on a different device or make extensive changes to your device, you may need to re-activate the Services. If the Services are not (re-)activated as set forth in this section, it is not possible to use the Services beyond the so-called “demo mode” (up to 15/30 minutes use), “freeze mode” or a similar limiting mode.


c) Internet Connection for Services, Updates and Renewals
As described above, registration, activation, re-activation (e.g., upon subscription renewal) and installation require an internet connection. After installation, many of the products included in the Services can be used in offline mode; however, Native Instruments reserves the right to add new online products, services and interactions, or modify existing products at any time, so that they are only accessible when you are connected to the internet. If you are connected to the internet, Services may automatically download and install updates in order to enhance the functionality or fix bugs. You agree to receive and install such updates as part of your use of the Services in order to ensure the continued functionality and security of the Services. If you do not install such updates, you acknowledge that your access and use of the Services may be impaired or prevented.

4. Price Plan, Payment Conditions, Taxes

1. Price Plan
The amount of fees to be paid to Native Instruments is specified in your Tier. In addition, when ordering the Services, you may have the option to choose between different pricing plans that specify the period and interval of your payments (each a “Price Plan”). In consideration for the opportunity to access and use the Services, you are obligated to make payments due to Native Instruments in accordance with your Price Plan. Prices and billing currency offered in a Price Plan may vary depending on different factors, including your geographic or regional location and our pricing policy. The chosen Price Plan applies only to the Services you have ordered. Any additional or special products may be charged separately.


2. Payment Conditions
We charge the payment method you specify during the order process. If we grant you a free trial period when ordering the Services, your payment obligations start automatically, and we charge your payment method accordingly, at the end of your free trial period, unless you cancel the Services within your free trial period in accordance with Section 8. Unless specified otherwise in your Price Plan, all payments are due in advance for the entire term of the Services. Timely payment of outstanding amounts, including taxes and fees, is a prerequisite for obtaining and maintaining access to the Services. You are solely responsible for ensuring that you have sufficient funds and means of payment for uninterrupted access to the Services. You are only entitled to set off with a counterclaim if such counterclaim is undisputed or recognized by us or has been finally and bindingly established by a court of law. You may only exercise a right of retention to the extent that your counterclaim is due and based on the same contractual relationship.


3. Taxes
Depending on your location, the Services may be subject to Value-Added Tax (“VAT”), sales tax and/or other taxes, duties or levies. Taxes are calculated on the basis of the information indicated in your user account and the rate in effect at the time of your order, and they are reassessed at each renewal. In some jurisdictions (e.g., in the US and Canada), prices are quoted exclusive of applicable taxes, in particular VAT. In such cases, any applicable taxes will be additionally charged upon order submission and each renewal, and you agree that the total price for the Services may be automatically adjusted in the event of a change in the applicable tax rate.

5. Warranty, Limitations and Remedies

1. Warranty
The Services will be provided in material conformity with these Subscription Terms and included product documentation. We will make commercially reasonable efforts to keep the Services available to you. In particular, and subject to the limitations set forth in this Section 5, we will use commercially reasonable efforts to seek to repair any material errors or defects that you report to us, and to restore the Services for appropriate use, within reasonable time under the circumstances. Unless specifically stated otherwise, any warranties and remedies set forth in this Section 5 are your exclusive warranty rights and remedies. Your right to cancel or terminate the Services in accordance with Section 8, or to claim damages, subject to the liability limitations in Section 6, shall remain unaffected.


2. Limitations
You acknowledge that the Services are provided “AS IS”, and we do not guarantee that the Services and any products, features, functionalities or content therein will be continuously available, uninterrupted or free from errors or omissions. All implied warranties, such as of merchantability, fitness for a particular purpose, and non-infringement are expressly excluded. We do not warrant that the Services are free of malware or other harmful components. In addition, we make no representations and assume no warranty or responsibility for any Third-Party Services or any linked websites, and we are not responsible for any transactions between you and third-party providers you choose to engage with in connection with the Services. As part of certain Services, you may be able to store information on our systems. You understand and agree that such storage is neither intended nor suitable to securely store any sensitive information (including your personal data), and we disclaim any warranties resulting from the loss, damage or corruption of such information.


3. Quality of the Services and Remedies
The quality of the Services may be affected by numerous factors, including, without limitation, i) technical disturbances and other disruptions of our systems or the systems of our service providers, ii) capacities and bottlenecks for network, internet and other data connections, or iii) reasons of force majeure (i.e., any event beyond our reasonable control which prevents us from fulfilling our obligations in whole or in part, such as fire damage, floods, strikes, epidemics and pandemics, lockouts and governmental orders). The Services are also subject to regular technical repair and maintenance and we reserve the right to update the Services or the software included therein from time to time. If a disruption or disturbance occurs in the Services or a part thereof and/or if the Services or a part thereof are temporarily non-available or inoperative due to repair or maintenance work, updates or for reasons of force majeure, you acknowledge and agree that such disturbance, disruption and/or non-availability does not constitute a defect or delay of or in the Services, and, subject to Section 6, we shall not be liable for any consequential, incidental or other damages resulting from any such disturbance, disruption and/or non-availability. While we strive to offer a multilingual experience throughout all our Services, we may offer certain parts of the Services in English only. This does not constitute a defect of the Services.


4. Consumers in the EU
Consumers located in the European Union may be entitled to further statutory warranties with regard to digital products. Nothing in these Subscription Terms shall exclude or limit these statutory warranties, provided that they may not be excluded or limited under applicable law.

6. Liability

1. Limitation of Liability
The following liability exclusions and limitations apply to all damages caused by us or our legal representatives and vicarious agents, regardless of the legal grounds:


a) Statutory Liability
We shall be liable in accordance with statutory provisions for damages resulting from i) willful misconduct or gross negligence; ii) culpable (i.e., at least negligent) injury to life, body or health; iii) breach of a guarantee that was expressly assumed by us; and iv) violation of the German Product Liability Act.


b) Breach of Material Obligations
In the event of damages arising from the slightly negligent breach of an obligation whose fulfillment is essential for the proper execution of the contract embodied in these Subscription Terms and on whose fulfillment you regularly rely and may rely (“Material Obligation”), our liability is limited to the foreseeable, typically occurring damages. You agree that Native Instruments’ liability resulting from any foreseeable, typically occurring damages in relation to the Services shall not exceed 100% of the fees paid by you in the last 12 months prior to the occurrence of the event that has caused the damage.


b) Other Damages
Except as stated above, liability for any other damage shall be excluded. In particular, i) strict liability (i.e., liability without fault) according to Sec. 536a para. 1 BGB; ii) damages on account of lost profits; and iii) damages caused by a virus, denial-of-service attack, or other technologically harmful material resulting from your use of the Services in breach of these Subscription Terms are excluded. We shall not be precluded from claiming contributory negligence.


2. Limitation Period
All claims against us shall be time barred after one year. This period shall commence on the date specified in Section 199 (1) BGB. This limitation shall not apply to liability for willful misconduct or gross negligence, personal injury, breach of an expressly assumed guarantee, and for liability under the Product Liability Act.

7. Intellectual Property Rights and Indemnification

1. Infringement of Third-Party Rights
If we determine that the Services infringe the Intellectual Property Rights of a third party, we may, at our discretion, i) obtain a right of use, or ii) modify or replace the relevant portion(s) of the Services with a non-infringing, functionally similar alternative. If the foregoing measures fail or cannot be realized with commercially reasonable efforts, you are entitled to terminate the Services for cause, subject to the requirements set forth in Section 8.3, and to request a refund of the prepaid, but as-yet unused fees for your then-current Term. We shall only be responsible for ensuring that your access and use of the Services does not infringe the Intellectual Property Rights of third parties in your country of delivery, as indicated in your user account.


2. Indemnification against Infringement Claims
In the event a third party brings a claim against you alleging that the Services infringe the Intellectual Property Rights of that third party (“Infringement Claim”), you must promptly inform us. We may, at our own expense and discretion, indemnify and defend you against the Infringement Claim. Upon request, you shall grant us the sole control over the legal defense and any settlement negotiations, including powers of attorney required for this purpose, and provide all cooperation and assistance reasonably requested by us for the defense.


3. Exceptions
We shall not be liable for Infringement Claims, and we will not indemnify and defend you against them, to the extent they arise from i) the modification of the Services by a party other than us; ii) the combination of the Services with any other third-party product, content, or technology, if the infringement would have been avoided without such combination; iii) any special request or requirement from you in relation to the Services, iv) the use of the Services in breach of these Subscription Terms; and/or v) the use of the Services not intended or foreseen by us. If any of the above results from your culpable conduct, you shall defend us against any claims of third parties alleging the infringement of their Intellectual Property Rights, and indemnify us for all damages, costs and losses in connection with these claims. We shall also not be liable for Infringement Claims if you acknowledge the infringement to the third party without our prior authorization, or if you discontinue using the affected portion(s) of the Services without informing the third party that such discontinuation does not constitute an acknowledgement of the infringement claimed.

8. Term, Renewal, Cancelation and Suspension

1. Term of the Services and Automatic Renewal
The Services start on the date set forth in Section 3.1. Depending on the Price Plan you choose, the Services are subject to different fixed terms. If you order a Price Plan with a monthly or annual payment, the Services shall continue until the expiry of the day of the next month or year, as applicable, whose number corresponds to the day on which the Services started (“Initial Term”); the duration of Services subject to monthly payments depends on the length of the months and is not standardized at 30 (thirty) days, while billing shall always take place on the same day of the month. At the end of the Initial Term, the Services shall automatically renew for successive periods (each a “Renewal Term” and collectively with the Initial Term referred to as the “Term”), unless and until you elect to cancel or not to renew the Services as provided for herein.


2. Cancellation of the Services
Services subject to a monthly Price Plan shall automatically renew for another month, unless canceled prior to the end of the then-current Term. Services subject to an annual Price Plan shall automatically renew for an indefinite period, unless canceled prior to the end of the then-current Term, and, in case of renewal, can be canceled on a monthly basis prior to the end of the then-current month. You can review the relevant dates, and manage, cancel and change the Term of the Services in your user account. The cancellation will become effective, and access and use of the Services will be restricted, at the end of the then-current Term. After canceling the Services, you may withdraw your cancellation until the end of the then-current Term. Once your cancellation becomes effective, you will be able to resubscribe to your canceled Services in your user account, in which case a new contract will be concluded with the Tier and Price Plan of your previous Services, unless the respective Services have been discontinued or changed.


3. Suspension of the Services and Termination for Cause
We may suspend the Services and/or your user account with immediate effect if i) we reasonably determine that your use of the Services is in breach of Section 2 of these Subscription Terms; ii) you have not paid outstanding fee amounts on time in accordance with your Price Plan; iii) we become aware of any suspicious, unlawful or fraudulent activity in relation to your account; or iv) you become subject to bankruptcy, insolvency, liquidation or any proceeding that may lead to any of the foregoing. Either Party may terminate this contract for cause, and we may suspend the Services with immediate effect, if the other Party is in material breach of these Subscription Terms, which breach has not been cured within 30 (thirty) days after receiving written notice from the Party. If we suspend the Services, your payment obligations according to the Price Plan shall remain unaffected. If you terminate for cause, you are only entitled to a pro-rata refund of the prepaid, but as-yet unused fees for your then-current Term.

9. Changes to the Services and Subscription Terms

1. Change of your Tier
You can change your Tier and your Payment Plan in your user account. If you change to a higher Tier, this change shall become effective immediately, and any prepaid but unused fees for the then-current Term will be applied against the fees owed under the newly selected Tier. If you change to a lower Tier or change your Payment Plan, this change shall become effective after the end of the then-current Term, at which time the fees will be adjusted accordingly.


2. Changes by Native Instruments
a) Changes to the Services
Our customers have different needs, requirements, and use cases for the Services. You acknowledge that the Services consist of a variety of products, content, features and functionalities, and that it is an integral part of our offering of the Services to continuously improve this variety in order to meet the diverse and ever-changing use cases of our customers. Therefore, we reserve the right to update, modify, replace, discontinue, remove or otherwise change individual products, content, features and functionalities of the Services or parts thereof at any time in our sole discretion and without notice. Any such change shall not be considered an error or omission of the Services. This does not exclude or limit our obligation to provide you with the Services in material conformity with these Subscription Terms.


b) Changes to the Subscription Terms and Fees for Services
We reserve the right, at our reasonable discretion, to update, modify, revise or amend these Subscription Terms at any time; e.g., to reflect changes in our business or technology requirements, or due to legal, regulatory or security reasons. In addition, we may increase or decrease the fees specified in your Tier and Payment Plan at our reasonable discretion (Section 315 BGB) in proportion to general cost increases we incur or savings we realize due to external factors relative to providing the Services. These may include changes in license costs, costs for the technical provision and distribution of the Services, applicable taxes, duties or levies, due to inflation or deflation, other industry-wide changes in overall costs, or significant technical improvements to the Services (e.g., additional features or higher transmission quality). If we change these Subscription Terms or the fees specified in your Tier and Payment Plan, we will notify you by email or other electronic communication of the change, its reasons and its effective date, at least 30 (thirty) days before it takes effect. In the event you object to the change, you may cancel the Services within 30 (thirty) days of our notification in accordance with Section 8. If you cancel, the Services will continue until the end of your then-current Term with no change taking effect. If you do not cancel the Services within the above period, we will assume that you agree with the change and it will take effect for you on the date specified in our notice to you. Changes to these Subscription Terms that are insignificant or only beneficial to you may be made at any time without notice.

10. Right of Withdrawal for EU Consumers

1. Right of Withdrawal
If you are a consumer resident in the European Union, you have the right to withdraw from this contract within 14 (fourteen) days without giving any reason. The withdrawal period will expire after 14 (fourteen) days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (Native Instruments GmbH, Schlesische Str. 29-30, 10997 Berlin, Germany, email: info@native-instruments.com, tel.: +49-30-611035-1300, fax: +49-30-611035-2600) of your decision to withdraw from this contract by an unequivocal statement (using the tools provided in the Services or, e.g., a letter sent by post, fax or email). You may use the attached model withdrawal form, but this is not mandatory. Please make sure that you include the details of the Services ordered by you so that we can identify them. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. If we grant you a free trial period, you agree that your right of withdrawal expires 14 (fourteen) days after the start of the trial. If you do not cancel the Services before the end of such trial period, you will forfeit your right of withdrawal and thereby authorize us to automatically charge you in accordance with your Tier and Price Plan.


2. Effects of Withdrawal
If you validly withdraw from this contract, we shall reimburse to you all payments received from you for the Services without undue delay and in any event not later than 14 (fourteen) days from the day on which we are informed about your decision to withdraw. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.


3. Expiration of the Right of Withdrawal
In the event of a contract for the supply of digital content that is not contained in a tangible medium, the right of withdrawal also expires if we begin performance of the contract after you (i) have expressly provided prior consent to begin the performance during the right of withdrawal period, (ii) have acknowledged that, by your consent, you would lose the right of withdrawal, and (iii) we have provided you with confirmation of your consent to immediate performance and your acknowledgement of the expiry of the right of withdrawal, as well as the other information required by law in the duplicate or confirmation of our contract on a durable medium.


4. Model Withdrawal Form
Complete and return this form only if you wish to withdraw from this contract.
To Native Instruments GmbH, Schlesische Str. 29-30, 10997 Berlin, Germany:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
(*) Delete as appropriate.

11. Data Protection

We collect, process, and use your personal data in connection with your access and use of the Services, e.g., in order to register and activate your user account, process your order or grant you access to the Services, including Third-Party Services, which may require us to share your data with the relevant third parties. In addition, nothing in these Subscription Terms shall prevent us from processing and analyzing your data in an anonymized and aggregated manner in order to continuously improve the Services. Please visit our Privacy Policy at for further information about how we collect, process, and use your personal data as well as your privacy rights under applicable data protection laws.

12. Applicable Law

These Subscription Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CSIG), whereas consumers regularly residing in other Member States of the European Union may invoke mandatory applicable laws of the Member State where they are a resident. The courts of Berlin, Germany shall have exclusive jurisdiction to settle any claim or dispute arising out of and in connection with the Services. Native Instruments does not agree and is not obliged to solve disputes with consumers via alternative dispute resolution bodies.

13. Final Provisions

1. Entire Agreement
These Subscription Terms constitute the entire agreement between Native Instruments and you with respect to the subject matter hereof, and supersede and replace all prior proposals, understandings, and any other communications (whether written or oral) between us relating thereto. Supplements and amendments of these Subscription Terms must be made in writing; a waiver of the requirement of the written form must also be made in writing.


2. Severability
If any provision of these Subscription Terms should be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions of the Subscription Terms. You undertake, together with us, to replace the invalid provision with a valid provision that comes as close as possible to the commercial purpose originally intended.


3. Assignments and Definition of Affiliate
You shall not assign, sublicense or otherwise transfer your rights or obligations under these Subscription Terms to any third parties. You agree that we may assign, sublicense and/or transfer any of our rights or obligations under these Subscription Terms to third parties, including but not limited to our affiliates in the Native Instruments Group. For purposes of these Subscription Terms, “affiliate” means any entity that directly, or indirectly through one or more intermediaries, owns or controls, is owned or is controlled by, or is under common ownership or control with, another entity. As used herein, “control” means the power to direct the management or affairs of an entity, and “ownership” means the beneficial ownership of at least 50% of the shares or voting securities of the entity.


4. Contact
If you have any questions concerning the Services or these Subscription Terms, please contact our Customer Support at https://support.native-instruments.com/hc/en-us.