§ 1 Scope and Contracting Parties
These Terms & Conditions govern the license agreement for the software offered by DJ Cataclysm – currently DJ Cataclysm – DJ-Tool, DJ Cataclysm – DJ-CRM and DJ Cataclysm – DJ-Konverter, available individually or as discounted bundles (hereinafter each "Software") – between
Dirk Düsterhöft
Schmetterlingsweg 8, 27478 Cuxhaven, Germany
E-mail: contact@djcataclysm.com
(hereinafter "Licensor")
and the purchaser of the Software (hereinafter "Licensee").
Purchase processing: The sales contract (payment, invoicing, tax compliance) is concluded exclusively between the Licensee and Paddle.com Market Limited, Judd House, 18-29 Mora Street, London EC1V 8BT, United Kingdom, acting as Merchant of Record. These Terms & Conditions govern solely the rights to use the Software.
Any conflicting terms and conditions of the Licensee shall not apply unless the Licensor has expressly agreed to them in writing.
§ 2 Subject Matter and Scope of Services
The subject matter of this agreement is the grant of a paid software license for the current version of the respective product purchased at the time of purchase, including:
- Provision of the Software as a download (macOS and/or Windows)
- Free bug-fix updates within the purchased major version
Not included are: installation, configuration, training, or individual customisation of the Software.
§ 3 License Grant and Usage Rights
Upon receipt of full payment, the Licensor grants the Licensee a non-exclusive, non-transferable single-user license to use the Software.
The Licensee is entitled to:
- install and use the Software on up to two personal devices (e.g. a desktop computer and a laptop)
- use the Software for private and commercial purposes
- make one backup copy of the Software
§ 4 Usage Restrictions
The Licensee is expressly prohibited from:
- distributing, selling, renting, leasing, or transferring the Software to third parties
- copying the Software beyond a single backup copy
- decompiling, disassembling, or otherwise reverse-engineering the Software, except to the extent permitted by mandatory law
- modifying, adapting, or creating derivative works based on the Software
- removing any copyright notices, trademarks, or other proprietary markings from the Software
- using the Software to circumvent technical protection measures of other software
§ 5 Right of Withdrawal and Processing
As the purchase contract for the Software is concluded exclusively with Paddle.com Market Limited as the Merchant of Record, the consumer's statutory right of withdrawal and its premature expiry in the case of digital content are governed by Paddle's general terms and conditions of business and sale. The corresponding consent to immediate performance of the contract and the acknowledgement of the expiry of the right of withdrawal are declared by the buyer directly to Paddle during the checkout process.
§ 6 Prices and Payment
The purchase price is the amount displayed on the respective product page at the time of purchase (including all applicable taxes). Payment is processed exclusively by Paddle.com Market Limited, subject to Paddle's payment terms.
The license is granted permanently and as a one-time purchase upon successful payment and download of the Software (no subscription, no ongoing fees).
§ 7 System Requirements and Availability
The Software requires the following minimum specifications:
- macOS: macOS 11 Big Sur or later, Apple Silicon (M1 or later)
- Windows: Windows 10 (64-bit) or later
The Licensor does not guarantee compatibility with specific third-party applications (e.g. DJ software, audio drivers, audio hardware) or future operating system versions.
§ 8 Warranty
Statutory warranty rights apply in accordance with German law and Directive (EU) 2019/770 on digital content. The warranty period is two years from the date the Software is made available for download.
A defect exists if the Software deviates from the functionality described on the website. No defect exists in particular if:
- the Software is used with an unsupported operating system or unsupported hardware
- errors arise from misuse, modifications by the Licensee, or interference by third parties
- the Software is incompatible with third-party software not included in the scope of delivery
In the event of a defect, the Licensor has the right to remedy by providing a corrected version. If remediation fails twice, the Licensee is entitled to the statutory rights of reduction in price or rescission of the contract.
§ 9 Limitation of Liability
(1) The Licensor's liability is unlimited for damages resulting from injury to life, body, or health, and for damages caused intentionally or through gross negligence.
(2) In the case of slightly negligent breaches of essential contractual obligations (cardinal obligations), the Licensor's liability is limited to foreseeable, contract-typical damage. Otherwise, liability for slightly negligent breaches is excluded.
(3) The provisions of the German Product Liability Act remain unaffected.
§ 10 Intellectual Property
The Software is protected by copyright. All rights in the Software, including related documentation, graphics, and algorithms, remain with the Licensor. The Licensee acquires only the usage rights described in § 3.
Trademarks and product names of third parties mentioned in the Software (e.g. Rekordbox, Traktor, Serato, Mixxx, VirtualDJ, djay, Spotify, MusicBrainz) are the property of their respective owners. They are referenced solely to describe compatibility.
§ 11 Privacy
Information on the collection and processing of personal data is set out in the Privacy Policy, which forms part of these Terms & Conditions.
§ 12 Term and Termination
The license is granted for an indefinite period. It terminates automatically if the Licensee breaches any material provision of these Terms & Conditions. Upon termination, the Licensee is obliged to delete all copies of the Software.
§ 13 Consumer Dispute Resolution
The Licensor is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 14 Governing Law and Jurisdiction
These Terms & Conditions are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For consumers: Mandatory consumer protection provisions of the country in which the consumer is habitually resident remain unaffected.
For merchants, legal entities under public law, or special funds under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Licensor's place of business.
§ 15 Miscellaneous
Should any provision of these Terms & Conditions be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The statutory rule shall apply in place of the invalid provision.