[Fixed in 4.4] Weird bug: latest "Spectral Suite" update not included in upgrade plan

[AcrossTheSky]

...nice one ...wondering how long will their office last after the ones who paid for it - find out that e-mail senders are getting it for free...

[tempsperdu]

Either way, Bigwigs profits fell a lot last year based on all the links on this that have been posted, so maybe they felt they had to do something new, perhaps as the end of year is approaching, they needed new revenue. Take a look, they were barely profitable last year- your profit is what give you working capital for the next year...

https://www.northdata.de/BITWIG+GmbH,+B ... B+120069+B

Some may argue that since V4 the updates have been quite small and specialist, people are now used to waiting for something they actually need before they update...

There's possibly multiple reasons for the apparent fall in profitability and their overheads are liable to be far greater this year, but that only adds to how disastrous their actions have been because now their revenues are likely to fall even further.
They really are going to have to embrace their community to try to turn this around IMHO.

[Cyoon]

Polarity, taches, and das glitch are certified trainers. All certified trainers received a Spectral Suite NFR.

no they are not, at least if this list is accurate: https://www.bitwig.com/de/learn/?tag=Ce ... 20Trainers

Dash Glitch gets many things for free, because he's an influencer. He noted this in his recent opinionated video about the suite and did tell about this a few times in his videos before.

I guess it's the same with polarity, they just have the audience and can promote sales that way.

[GGaudio7]

Why not release the suite as VST/CLAP/AU's that are separate and can be used outside of Bitwig? The perception of adding another stream of revenue would be there of course but I think calling them add-ons is causing more harm than good in the short term.

I think the integration as Bitwig devices with all the benefits of the FX chaning etc. make them stand out from other spectral solutions. It's a key selling point imo.

but given the situation that the reason for the add-ons would be the need for money, also providing a wrapper for this add-ons to an vst or CLAP format would give all the multi-daw users some reason to actually buy such an "add-on" plugin, as it could be used in other daws too ... it could simultaneously have the effect, to feature the CLAP format even more ... and would have been accepted in a completely different way, I suppose ...

[SLiC]

Polarity, taches, and das glitch are certified trainers. All certified trainers received a Spectral Suite NFR.

no they are not, at least if this list is accurate: https://www.bitwig.com/de/learn/?tag=Ce ... 20Trainers

Dash Glitch gets many things for free, because he's an influencer. He noted this in his recent opinionated video about the suite and did tell about this a few times in his videos before.

I guess it's the same with polarity, they just have the audience and can promote sales that way.

The world of influencers is even more fickle than DAW users! Their revenue is based on their week-by-week popularity...none of them will want to alienate themselves from their audience, they will see which way the wind is blowing...

[Phil B]

...nice one ...wondering how long will their office last after the ones who paid for it - find out that e-mail senders are getting it for free...

Personally, I wouldn't accept it unless they did it broadly to all users with an active license. By accepting it, I'd be accepting their amended EULA (assuming there are relevant amendments in there now). That's why I think sharing this online as a widespread "threat to email" is probably more effective for the community than a small handful of individually emailed ones. But, an individually emailed one like this is absolutely valid

[billcarroll]

Polarity, taches, and das glitch are certified trainers. All certified trainers received a Spectral Suite NFR.

no they are not, at least if this list is accurate: https://www.bitwig.com/de/learn/?tag=Ce ... 20Trainers

Dash Glitch gets many things for free, because he's an influencer. He noted this in his recent opinionated video about the suite and did tell about this a few times in his videos before.

I guess it's the same with polarity, they just have the audience and can promote sales that way.

The list on Bitwig's website is not complete. I'm not actually sure about das glitch being a certified trainer, but might have asked Bitwig for an NFR which they probably would have given him for hs subscriber numbers.

[Trancit]

I wonder... why nobody seems to wonder ... that they completely stay silent...

They simply don´t feel the need to communicate with their userbase in any way and after the here discussed EULA been valid for many of you having an active upgrade plan clearly shows that they actual have broken their own contract with you which means they are directly violating law they still don´t feel the need to communicate in any way...

They are actively cheating many of you and you are seriously considering waiting just a little while to throw your money down their throats again or even don´t take this as important and continue right away??
I am sorry ... but how low can you sink
Are you really so used to be cheated everyday that you just continue as if nothing would have happened just to not having to leave your comfort zone but give up every last little bit of your pride??
No DAW can be such valuable for anybody to justify this subservience...
There are so many alternatives...

On top of that they receive at the moment a shitstorm which is upgrade fee shitstorm to the power of 100 and they still stay silent and give a shit on perhaps calming down the folks...

If your favourite newspaper seller slaps you everytime in your face when you buy a newspaper who please is that silly to go to him the next day again??

Wow... poor mankind!

I have to stop reading this thread before I lose the still left tiny rest of respect for many people sharing this earth with me...

[zerocrossing]

I’ve not once used any of the add-on packs. I’m not even sure what they are. Beats? I make my own content.

If Bitwig continues to offer new features that are of interest to me, I will continue my upgrade plan. If they don’t, I won’t. I don’t think it’s unreasonable to create content that’s not part of the program and expect a fee for it.

[Phil B]

I’ve not once used any of the add-on packs. I’m not even sure what they are. Beats? I make my own content.

If Bitwig continues to offer new features that are of interest to me, I will continue my upgrade plan. If they don’t, I won’t. I don’t think it’s unreasonable to create content that’s not part of the program and expect a fee for it.

They have every right to attempt to amend their EULA. But for anyone on 4.3.8, this is a cut and dry legal question with respect to the Spectral Suite

[tempsperdu]

They have every right to attempt to amend their EULA. But for anyone on 4.3.8, this is a cut and dry legal question with respect to the Spectral Suite

So, in theory anyone with an upgrade plan taken out before 4.3.9 should get the add-ons free?....

[Phil B]

Yes, with a caveat … I haven’t seen the amended EULA for 4.3.9 and 4.3.10. It’s possible that it contains a provision saying something like “I hereby agree that prior versions of the EULA were not intended to give me the right to free add-ons declared by bitwig to require a separate fee”. If you click Agree to that all bets are off

I won’t download those versions but happy to look if someone wants to post them

EDIT: I also haven’t reviewed prior EULAs. If they added this add-on language in the 4.3.8 EULA you would need to Accept their offered EULA in the 4.3.8 install to benefit from these provisions

Also, hopefully this goes without saying, but just to clarify, these are my personal opinions. I am not giving legal advice and you should all do your own homework. Either I am not a lawyer or I’m not your lawyer

[pdxindy]

They are actively cheating many of you and you are seriously considering waiting just a little while to throw your money down their throats again or even don´t take this as important and continue right away??
I am sorry ... but how low can you sink

How low I sink is none of your business.

[Cyoon]

I wonder... why nobody seems to wonder ... that they completely stay silent...

They simply don´t feel the need to communicate with their userbase in any way and after the here discussed EULA been valid for many of you having an active upgrade plan clearly shows that they actual have broken their own contract with you which means they are directly violating law they still don´t feel the need to communicate in any way...

So are you consulting a lawyer now and claim it? I can do better things with my time. Not worth the trouble for a (for me) 30 € add on.
For me Bitwig is the best DAW for my purpose, so nevertheless I will stay and upgrade when I see features fit.

[tempsperdu]

Yes, with a caveat … I haven’t seen the amended EULA for 4.3.9 and 4.3.10.

Afraid I've deleted 4.3.9 but here is the Eula for 4.3.10:

End-User License Agreement (“EULA”)


I. Subject-Matter

This EULA applies to all contractual relationships on the basis of which the recipient of the services (“User”) receives a final version of the software Bitwig Studio, Bitwig Studio 16-Track, and Bitwig Studio 8-Track (hereinafter also referred to as “Final Version”), as well as for alpha and beta versions of Bitwig Studio (hereinafter referred to as “Beta Version”, the Final and the Beta Version together also the “Software”). Bitwig Studio is a multi-platform software for creating, producing and playing back music, created by Bitwig GmbH, Schwedter Str. 13, 10119 Berlin, Germany (“Bitwig GmbH”). Bitwig Studio 16-Track and Bitwig Studio 8-Track are feature limited versions of Bitwig Studio.


II. Bitwig Studio Final Version (“Final Version”)

1. Scope

1.1. This EULA applies to the following editions of the Final Version that are available, in the latest release respectively: “Demo”, “Trial”, “Standard”, “EDU”, “Standard Site”, “EDU Site”, “NFR”, „16-Track“ and „8-Track“. Whilst each edition equips the User with the same software, the editions vary as regards both to the scope of functions activated and the rights of use granted under this EULA.

1.2. This EULA also applies for bug fix updates, provided they are made available to the User by Bitwig GmbH. Bitwig GmbH is under no obligation however to make any bug fix updates available to the User.

1.3. This EULA also applies for upgrades. Upgrades include newer versions of the Final Version as well as add-ons which extend the Final Version’s functions in all editions except the Demo Edition. Without purchasing a license for a paid version of Bitwig Studio, the Demo and Trial Edition’s scope of functions cannot be extended by means of upgrades. The scope of functions of the other editions can be extended by means of upgrades. Upgrades are provided under a separate contractual agreement: they are not covered by the contractual agreement under which the User receives the Final Version. This still applies even if the upgrade is a new version of the Final Version (e.g. V 2.0).

1.4. This EULA also applies for separate Sound-Packs and Add-Ons. Sound-Packs and Add-Ons provide additional audio content and/or features to be used with the Final Version.


2. Rights of Use - Perpetual licenses

2.1. The Final Version is protected by copyright.

2.2. If the User has purchased a perpetual license for the Final Version, the following provisions shall apply. If the User has purchased a timely restricted license, the provisions of Section 3 below shall apply only.

2.3. Subject to the acceptance of this EULA, Bitwig GmbH grants any User which has purchased a perpetual license the non-exclusive right to use the Final Version in perpetuity for producing and playing back music. The applicable scope of the license depends on the respective edition, as described in the following:

Demo Edition: Bitwig GmbH grants the User the non-exclusive right to permanently install the Final Version for non-commercial purposes on one terminal device with one user account, and to run and copy it on such device to the extent required in order to test the Final Version’s functions. However, the User may not use the Final Version to store the music produced by means of the Final Version, nor may the User export any work results obtained from the Final Version.
Standard Edition: Bitwig GmbH grants the User the non-exclusive right to permanently install the Final Version on up to three terminal devices for up to three user accounts in total, and to run and copy it on such devices to the extent required in order to produce and play back music.
EDU Edition: This software may only be acquired and used by students or individuals who are working at educational establishments either public or private on the acquisition date. Bitwig GmbH may require the User to provide evidence for the foresaid prerequisite. Bitwig GmbH grants the User the non-exclusive right to permanently install the Final Version on up to three terminal devices for up to three user accounts in total, and to run and copy it on such devices to the extent required in order to produce and play back music. Simultaneous use of the license on more than one device on which the Final Version has been activated is not permitted.
Standard Site Edition: Bitwig GmbH grants the User the non-exclusive right to permanently install the Final Version on such number of terminal devices or for such amount of user accounts concurrently as contractually agreed, and to simultaneously run and copy it on such devices to the extent required in order to teach how to produce and play back music. The agreed number of terminal devices can be subsequently increased under additional contractual agreements in return for separate payment. Section 8 below applies to the remuneration.
EDU Site Edition: Bitwig GmbH grants the User the non-exclusive right to permanently install the Final Version for educational purposes on such number of terminal devices or for such amount of user accounts as contractually agreed, and to simultaneously run and copy it on such devices to the extent required in order to teach how to produce and play back music. The agreed number of terminal devices can be subsequently increased under additional contractual agreements in return for separate payment. Section 8 below applies to the remuneration.
NFR Edition: Bitwig GmbH grants the User the non-exclusive right to permanently install the Final Version on one terminal device with one user account and to run and copy it on such device to the extent required in order to produce and play back music.
16-Track Edition: Bitwig Studio 16-Track is a feature limited version of Bitwig Studio, limited to 16 tracks and with further limitations. Further details can be found on the 16-Track webpage www.bitwig.com/16-track. Bitwig GmbH grants the User the non-exclusive right to permanently install the Final Version on up to two terminal devices for up to two user accounts in total, and to run and copy it on such devices to the extent required in order to produce and play back music.
8-Track Edition: Bitwig Studio 8-Track is a feature limited version of Bitwig Studio, limited to 8 tracks and with further limitations. Further details can be found on the 8-Track webpage www.bitwig.com/8-track. Bitwig GmbH grants the User the non-exclusive right to permanently install the Final Version on up to two terminal devices for up to two user accounts in total, and to run and copy it on such devices to the extent required in order to produce and play back music.

2.4. The simultaneous use of the Software on different terminal devices is limited to the Site Licenses (Standard Site Edition and EDU Site Edition). In all other cases, the User may install the software on the number of terminal devices or for as many user accounts as specified in Sec. 2.3 but may only run the software on one terminal device using one user account at each time.

2.5. If the User has purchased a license for one of the following editions:
Standard Edition,
EDU Edition,
Standard Site Edition,
EDU Site Edition,
NFR Edition,
16-Track Edition or
8-Track Edition
he/she is entitled to receive free Upgrades for a period of 12 months, beginning with the registration of the license in the Bitwig user account. The User has the right to install and perpetually use all Upgrades, including newer versions of Bitwig Studio, which are being published during this period for his/her edition. The User may purchase an upgrade plan for a period of additional 12 months at a reduced price from Bitwig GmbH’s website (www.bitwig.com/buy), which entitles him/her to install and perpetually use all Upgrades which are being published during this additional period. The additional period of 12 months is being calculated from the activation date of the upgrade plan and expires 12 months later then the activation date of the upgrade plan.

2.6. If the User has received a new version of the Final Version in an upgrade, the User shall still be entitled to continue using the previous version of the Final Version. The old version and the new version may both be installed by one and the same User on the same terminal devices laid down in Sections 2.3.1 – 2.3.8 above. Technically it is possible to install, but it is not possible to run both versions simultaneously on one and the same terminal device. The right to use both versions of the Final Version, as described above, does not grant the User an additional or separate license. The User may therefore not install the old version and the new version on different devices or transfer one of the versions without the respective other version to a third party. Section 6 below applies to any transfer.

2.7. The samples contained in the Final Version or in a separate Sound-Pack may be used by the User – also for commercial purposes – as part of the music that is produced, played back and rendered audible with the Final Version. However, disseminating unaltered samples, making same publicly accessible and publicly reproducing same in any other manner are not permitted.

2.8. With regard to the Open Source components (a list of which can be found here: Bitwig Studio Dashboard -> Help -> About -> Legal) of the Final Version, such may be used as described above. The User can obtain further rights to use the Open Source components from the respective rightholders if he/she concludes license agreements with these rightholders under the conditions of the applicable Open Source license. In such case, the use of the Open Source components will not fall under the scope of this agreement, but will be based solely on the respective Open Source license (cp. Bitwig Studio Dashboard -> Help -> About -> Legal).

2.9. The User has the right to adapt and for such adaption, analyze and reengineer such proprietary components of the Final Version that are linked with libraries licensed under the GNU Lesser General Public License (“LGPL”) for internal use only. Distribution or transfer of any information obtained by such analyzing or reengineering or of any adapted code shall not be permitted. A list of libraries licensed under the LGPL can be found here (Bitwig Studio Dashboad -> Help -> About -> Legal).


3. Rights of Use - Timely restricted licenses

3.1. If the user has obtained a timely restricted license the provisions of this EULA shall apply with the following modifications.

3.2. If the User has obtained a Trial Edition, Bitwig GmbH grants the User the non-exclusive right to install the Final Version on one terminal device for a timely restricted period upon registration for evaluation purposes, and to run and copy it during the agreed period on such device to the extent required in order to produce and play back music.

3.3. If the User has subscribed to a paid timely restricted license, the User is being granted the rights as defined in Section 2 above, with the modification that the right to use the software as described is limited to the subscription period. After the subscription period has ended, the software will continue to work as a Demo Edition of the Final Version only, as described in Section 2.3.1 above.


4. Receipt of Services, Technical Requirements

4.1. The User receives the Final Version via download from Bitwig GmbH or as a copy on a storage medium from Bitwig GmbH or one of the latter’s distribution partners.

4.2. The User can use the Demo Edition of the Final Version without any activation needed.

4.3. All other editions of the Final Version can be used as soon as they have been activated via the application in the User’s account. Unless activated via the application in the User’s account, only the demonstration mode applies (storage and exporting not permitted). A user account can be set up at [www.bitwig.com/register].

4.4. Each time the Final Version is activated, Bitwig GmbH installs an encrypted file which refers to the respective terminal device’s serial number in order to link the Final Version to that particular device (challenge-response authentication). For more information on how we process the data collected while activating the software please see our privacy policy: https://www.bitwig.com/en/privacy_policy.html

4.5. If the number of allowed activated devices under a license has been reached, the User will need to deactivate previously activated devices before the activation of the Final Version on another terminal device is possible. The deregistration and deactivation of a previously activated device is possible from the user panel on Bitwig’s website (www.bitwig.com).


5. Prohibited Forms of Use

5.1. Any use of the Final Version beyond the permitted use in accordance with Section 2 and 3 above is prohibited. In particular, adapting, circulating, copying or hiring out the Final Version or making it publicly accessible without express permission from Bitwig GmbH is prohibited.

5.2. Section 5.1 above shall not restrict the User’s right to activate and use the Final Version on another device in accordance with Section 4.5, subject to the uninstallation and final deletion of the previously activated software from the deactivated device.

5.3. Any manner of interference with the Final Version – such as e.g. decompilation, disassembly, reverse engineering – is prohibited.

5.4. In case of a timely restricted license (cf. Section 3) any use of the Final Version after the expiry of the subscription, except within the scope of the Demo Edition, is prohibited.

5.5. The prohibited forms of use laid out in this Section shall not apply if forms of usage are permitted under legal restrictions, principles of fair use or other rules and regulations applying in the country where the terminal device on which the Final Version has been activated is located.


6. Sale and transfer of the Final Version

6.1. The Final Version, including the rights granted in accordance with Section 2 above, may be permanently transferred to third parties subject to the following conditions:
The User has been granted a timely unrestricted license for the Final Version;
The Final Version has previously been lawfully traded by Bitwig itself or with the approval of Bitwig in return for an appropriate remuneration corresponding to the economic value of the software.
The User uninstalls and makes each individual copy useless in case of resale.
The User grants the purchaser the information necessary to determine the extent of proper use.

6.2. Before a third party may install and use the Final version, it has to agree to be bound by this License Agreement. A third party shall then be entitled to use the Final Version to the extent of the permission granted to the User pursuant to Section 2.

6.3. The third party may use the Final Version as soon as it has activated it in accordance with Section 4.

6.4. The user account is not transferable. However, the third party can open its own user account on accepting this License Agreement. Bitwig GmbH will transfer the license to such new user account upon request. Bitwig GmbH reserves the right to charge for a transfer. Further information regarding a fee can be found on bitwig.com.

6.5. In the case of the NFR Edition, the Final Version is tied to a specific user account and can only be used by the holder of that user account.


7. Other Contractual Obligations

The User is under obligation to use the Final Version such that the music produced, played back or rendered audible with the Final Version does not infringe third-party rights.


8. Remuneration

The prices in force at the time of contract closure shall apply. All prices are end prices and include applicable statutory turnover tax. A list of prices can be obtained at [www.bitwig.com/buy].


9. Warranty

9.1. In accordance with statutory regulations, Bitwig GmbH warrants for the proper functioning of the Final Version supplied to the User. Bitwig GmbH shall not assume any warranty for faults that arise from or are due to the Internet access or Internet provider used by the User, or any terminal device or software that is not the subject-matter of the contractual agreement.

9.2. Bitwig GmbH has carefully checked that the Final Version is clear of third-party rights and devoid of defects in title. If any third party files claims alleging rights in the Final Version or the inadmissibility of the Final Version’s contractual use, the party on which such claims are filed shall immediately inform the other party accordingly. Notwithstanding its statutory warranty rights, the User shall be bound at Bitwig GmbH’s request in any such case to immediately cease using the Final Versions and/or to erase same from its terminal devices.


10. Liability

10.1. Bitwig GmbH shall be liable in accordance with statutory provisions for any loss or damage sustained by the User which is caused willfully, results from gross negligence or is due to a breach of cardinal duty, i.e. a contractual duty performance of which is a prerequisite for due implementation of the contract in the first place and may always be relied upon by the contractual partner, and which conversely may jeopardize attainment of the contractual purpose if breached. Bitwig GmbH shall also be liable in accordance with statutory provisions for any loss or damage which is based on a lack of warranted characteristics, or results from any mortal injury, physical harm or health damage for which Bitwig GmbH is responsible or for which liability has to be borne under the Product Liability Act.

10.2. In the event of a breach of cardinal duty, liability – provided the loss or damage is due merely to slight negligence and does not involve mortal injury, physical harm or health damage – shall be limited to compensation for the loss or damage which may typically be anticipated and foreseen in the context of rendering services such as those hereunder.

10.3. Other than in the cases specified in the above clauses, Bitwig GmbH’s liability – for whatsoever legal cause – shall be excluded. In particular, without limiting the statement above, Bitwig GmbH shall not be responsible for any damage sustained in connection with loss of data, insofar as such damage could have been avoided, had the User made a full back-up of all the relevant data at regular intervals. Moreover, Bitwig GmbH shall not be liable for any loss or damage simply resulting from a non-contractual modification to the Final Version by the User. In addition, Bitwig GmbH shall not be liable for any infringement of third-party rights which is caused by the music that is produced, played back or rendered audible by the Final Version.


III. Bitwig Studio Alpha and Beta Version (“Beta”)

1. Scope

This EULA applies to all Bitwig Studio Alpha and Beta Versions provided by Bitwig GmbH.


2. Rights of use

Bitwig GmbH hereby grants the User a non-exclusive, non-transferable license to use the Beta Version in accordance with its documentation and solely for purposes of internal testing and evaluation. In particular, the User may not make any copies of the Beta Version, except as reasonably necessary for backup purposes. Title to the Beta Version and all copies thereof remain with Bitwig GmbH.


3. Transferral of the Beta Version

By clicking the accept button or by downloading, installing or using the Beta Version, the User assents to and is bound by this EULA.


4. Feedback

4.1. Bitwig is happy to receive the Users suggestions, comments and feedback (“Feedback”).

4.2. In order to be able to safely make use of the Feedback, Bitwig GmbH needs to ensure that it has sufficient permissions under the intellectual property rights, in particular copyright, that may in some cases be vested in the Feedback. Therefore, if the User provides such Feedback to Bitwig GmbH, he/she grants Bitwig GmbH the non-exclusive, perpetual, irrevocable, world-wide, transferable and sub-licensable, fully paid up rights to use the Feedback for developing and improving any Bitwig GmbH products, technology, services, specifications or other documentations. This includes in particular Bitwig GmbH’s right to reproduce, modify, adapt, arrange, translate or otherwise alter the Feedback, and to distribute, make publicly available, publicly perform, broadcast, license, sell or rent the Feedback as part of any Bitwig GmbH Beta Version.

4.3. Feedback can be sent to ww.bitwig.com/support.


5. Beta Disclaimer

5.1. The Beta Version is not a final product. As such it may contain errors and/or defects. The purpose of the beta testing license is to gather Feedback on performance and stability and to identify errors and defects. The User should make sure to backup important data and not rely in any way on the correct functioning or performance of the Beta Version and/or the accompanying materials.

5.2. As the Beta Version is provided to the User in an unfinished version and free of charge, Bitwig GmbH’s liability is limited to damages Bitwig GmbH causes the User with intent or gross negligence.


6. Support

Bitwig is not obliged to provide technical support for Beta Versions under the terms of this EULA.


7. Duration of Use and Term of This EULA

The beta builds are configured so that they expire after about four to eight weeks, which means that the installers don’t open anymore after that date. The User can find the exact expiration date of his/her build in the release notes file which gets displayed in his/her browser after clicking the download link of the installer in his/her user account. Regardless of that expiration date the User’s rights to use the Beta Version will end upon either the initial commercial release of the Final Version by Bitwig GmbH or six months after the last date the User received the Beta Version or any update.


IV. Indemnification Clause

The User shall release and discharge Bitwig GmbH from all and any claims which are brought against the latter by third parties as a result of their rights being infringed by the music that is produced, played back or rendered audible by any Bitwig Studio software.


V. Data Protection

Bitwig GmbH attaches great importance to compliance with legislation on data protection. We therefore kindly ask you to carefully read our privacy policy, which you can find here: https://www.bitwig.com/en/privacy_policy.html


VI. Final Provisions

1. If any provisions of this EULA are or become ineffective, this shall not affect the validity of the remaining provisions.

2. All agreements by and between the parties pertaining to their contractual relations must be done in writing. This requirement shall also apply to any agreements on written form. Statutory regulations under which a contract has to be publicly recorded by a notary shall remain unaffected.

3. The entire legal relationship under this contract shall be exclusively governed by and interpreted in accordance with the laws of Germany with the exclusion of the UN Convention on the International Sale of Goods (CISG) and the German (including EU) conflict of laws provisions.

4. If the User is a registered trader within the meaning of the Commercial Code, a public corporation or a trust managing public assets, the courts of Berlin shall have exclusive jurisdiction for all and any claims arising from or in connection with the contractual relationship hereunder.

Bitwig is a registered trademark of Bitwig GmbH, Germany.

Revision VII: November, 2021