Thank you for choosing SongRepertoire!
This is a license agreement between you and GernotKnesIT that describes your rights to use the SongRepertoire software. You should review the entire agreement because all of the terms are important and create this contract that applies to you.
BY DOWNLOADING OR USING THE SOFTWARE, YOU AGREE TO ALL OF THESE TERMS.
If you do not accept and comply with these terms, you have no right to and must not use the software or features.
Obligation to co-operate
SongRepertoire saves the data of your songs and playlists to a local folder on the specific device SongRepertoire is used on. This folder is automatically defined by the Microsoft Windows operation system and is typically located under c:\users\<your user-name here>\AppData\Local\Packages\61445GernotKnes.SongRepertoire_<variable code here>\LocalState\SongRepertoire.
With the end of 2019 it is also possible to change this folder to another one on your device.
It is your responsibility to regularly backup the songs you have defined in SongRepertoire. You can do this directly from within SongRepertoire by the functions menu on the “all songs playlist” page. Or you can copy the folder defined above by using Windows explorer (you need to turn on visibility of hidden folders in the explorer´s “view” panel to access the “AppData” folder). If you changed the default folder on your device of course you need to backup this selected folder instead.
If you uninstall SongRepertoire from the device the folder described above is also deleted including all the saved songs and playlists!
SongRepertoire is developed under aspects of adequate care for software development in Austria. Due to the complex combination of SongRepertoire running on Windows operating system including various other apps and software products from other vendors you can be faced with the situation that SongRepertoire or your device crashes or is not working at the moment you need it (e.g. while an appearance or performance).
Be aware that SongRepertoire is designed as a tool for practicing and for situations where software crashes or problems do not cause any financial or other damage. If you are using SongRepertoire in other situations it is at your own risk.
It is your own responsibility to have other backup media available for such situations. This includes all types of music sheets, playbacks and set-lists.
GernotKnesIT is not liable for any damages caused by such a situation.
Does the Software collect my personal information?
No. SongRepertoire only needs your Windows user information for saving or loading songs from your OneDrive account. For a better usability we are accessing your Microsoft account user data to show the name of the logged in user in the account page of SongRepertoire. If you choose to use SongRepertoire, you agree to send or receive this information. We do not transfer, collect or save any of your personal information and data.
How can I use the Software?
We do not sell our software or your copy of it – we only license it. Under the license, you may install and use one copy of the application on up to three (3) Windows 10 devices that are affiliated with the Microsoft account associated with your Windows Store account. These rights will terminate when you uninstall the application from these licensed devices. Except for the permitted use described under “Remote Access” below, this license is for direct use of the software only through the input mechanisms of the licensed devices such as a touchscreen. It does not give permission for installation of the software on a server or for use by or through computers or devices connected to the server over an internal or external network. The software also is not licensed for commercial hosting – so you may not make the software available over a network for simultaneous use by multiple users. For more information on multiple user scenarios and virtualization, see the Additional Terms.
Starting in Feb 2020 SongRepertoire gets a new licensing model. In the past you could buy one license and use it without limitations and recurring fees on your devices. The new licensing model is based on a subscription model. This means that you need to have a valid subscription to use SongRepertoire with all functions. Subscriptions expire after one month or one year. Renewal and billing is automatically started and handled by Microsoft Store at the end of a subscription period. If you want to stop the renewal process you can do this anytime via your Microsoft Account on https://account.microsoft.com/services.
If you are using SongRepertoire without a valid subscription you can still use all functions. But you cannot load new content (songs) to your SongRepertoire collection.
If you have bought SongRepertoire prior this changes you do not need a subscription. Your bought license is still valid.
What about upgrading the Software?
If you install the software covered by this agreement as an upgrade to your existing software, then the upgrade replaces the original software that you are upgrading. You do not retain any rights to the original software after you have upgraded and you may not continue to use it or transfer it in any way. This agreement governs your rights to use the upgrade software and replaces the agreement for the software from which you upgraded.
Upgrades are automatically handled by the mechanisms of the Windows Store. GernotKnesIT has no influence on this functionalty and can only deploy new releases to the Windows Store. Suppressing this automatic update mechanism is only possible as far as it is provided by Microsoft. You need to contact them if you want to stop the upgrade mechanism.
Do I have the right for Updates?
Updates are handled automatically by Windows Store, like described above. As soon as you have installed SongRepertoire, the current available release of SongRepertoire will be installed by the Windows Store. So you always have the right for the latest release available in the Windows Store.
But we do not grant that SongRepertoire will be developed and maintained in future. Also we do not grant that SongRepertoire will work on future Windows versions. It is your responsibility inform you at GernotKnesIT, if SongRepertoire is working on a newer version of Windows.
Can I transfer the Software to another device or user?
The license includes the right to install and use the software on up to three (3) licensed devices simultaneously. If you attempt to install the software on more devices, it may be deactivated automatically from one of these devices, so that no more than the maximum number of instances are activated at any one time.
Are there any limitations on the number of songs I can create, access or edit with SongRepertoire?
In trial version of SongRepertoire the number of songs you can manage is limited to 5 songs. In the regular version there are no specific restrictions on the number of songs you can create, access or edit. However, you may be limited by the hardware restrictions of your device or storage restrictions where your notes are stored.
If you are licensed by the new subscription model started with Feb 2020 you need an active subscription to add new songs to your collection.
What does this agreement apply to?
This agreement applies to the software, and also any SongRepertoire updates, supplements, and services for the software, unless other terms come with them.
Are there things I’m not allowed to do with the Software?
Yes. Because the software is licensed, not sold, SongRepertoire reserves all rights (such as rights under intellectual property laws) not expressly granted in this agreement. In particular, this license does not give you any right to, and you may not: use or virtualize features of the software separately, publish, copy (other than any permitted backup copy), rent, lease, or lend the software; transfer the software (except as permitted by this agreement), attempt to circumvent technical protection measures in the software, reverse engineer, decompile, or disassemble the software, except if the laws where you live permit this even when our agreement does not. In that case, you may do only what your law allows. When using Internet-based features, you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to any service, data, account or network, in an unauthorized manner.
You can use SongRepertoire to manage your playlists and songs. GernotKnesIT is not responsible if you infringe the property rights of other people (e.g. by copying or sharing songs in audio, lyrics or music sheets).
LICENSE RIGHTS AND MULTI USER SCENARIOS
In this agreement, “computer” means a hardware system (whether physical or virtual) with a storage device capable of running the software. A hardware partition or blade is considered to be a computer.
Multiple or pooled connections.
You may not use hardware or software to multiplex or pool connections, or otherwise allow multiple users or multiple computers or devices to access or use the software indirectly through the licensed device.
Use in a virtualized environment.
If you use virtualization software, including client hyper-v, to create one or more virtual computers on a single computer hardware system, each virtual computer, and the physical computer, is considered a separate computer for purposes of this agreement. If you want to use the software on more than one virtual computer, you must obtain separate copies of the software and a separate license for each copy. Content protected by digital rights management technology or other full-volume disk drive encryption technology may be less secure in a virtualized environment.
Windows 10 devices may come with Remote Desktop and Remote Assistance technologies that enable the software installed on the licensed device to be accessed remotely from other devices.
Remote Desktop or similar technologies is licensed for outbound use from the licensed device. You may access the software running on a separately licensed host pc from this licensed device, by using Remote Desktop.
You may use Remote Assistance or similar technologies to share an active session without obtaining any additional licenses for the software. Remote Assistance allows one user to directly connect to another user’s computer, usually to correct problems.
This agreement is governed by and construed in accordance with the laws of Austria. You irrevocably agree that any dispute, including litigation, involving this agreement or GernotKnesIT must be brought in the courts in the City of Klagenfurt, Carinthia, Austria. You shall not assert any claim that you are not subject to the jurisdiction of such courts, that the venue is improper, that the forum is inconvenient or any similar objection, claim or argument. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Notwithstanding this, you agree that GernotKnesIT shall still be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
This agreement (together with terms accompanying any software supplements, updates, and services that are provided by GernotKnesIT and that you use), and the terms contained in web links listed in this agreement, are the entire agreement for the software and any such supplements, updates, and services (unless GernotKnesIT provides other terms with such supplements, updates, or services). You can review this agreement after your software is running by going to “About” under “Options” within the software. You can also review the terms at any of the links in this agreement after your software is running, and you agree to do so. You agree that for each service or included app that is governed by this agreement and also specific terms linked in this agreement, you will read the terms for that service before using the service. You understand that by using the service, you ratify this agreement and the linked terms.
The software is licensed “as-is.” You bear the risk of using it. GernotKnesIT gives no express warrant ies, guarantees or conditions. The entire risk as to the quality and performance of the software is with you. Should the software prove defective, you assume the entire cost of all necessary servicing or repair. GernotKnesIT excludes all implied warranties, including those of merchantability, fitness for a particular purpose and non-infringement.
LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES.
If you have any basis for recovering damages from GernotKnesIT or its suppliers, you can recover only direct damages up to US €4.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to anything related to the software, services, content (including code) on third-party Internet sites, or third-party programs; and claims for breach of contract, warranty, guarantee or condition; strict liability, negligence, misrepresentation, omission, trespass or other tort; violation of statute or regulation; or unjust enrichment; all to the extent permitted by applicable law.
It also applies even if GernotKnesIT knew or should have known about the possibility of the damages.
Third-party content is the sole responsibility of the person originating that content. You agree that we do not control, and are not responsible in any way for third-party content, including, without limitation, a failure on the part of the participant to obtain the requisite consents in order to share any personally identifiable information.