User Agreement between TRIO Leuchten GmbH, Reality Leuchten GmbH, Trio International GmbH, Gut Nierhof 17, 59757 Arnsberg, hereinafter: Owner and the registered user, hereinafter: Customer
1. OBJECT OF THE AGREEMENT
The object of this Agreement is the transfer of rights of use for images, logos, texts and data – hereinafter: Work) for sales presence and advertising measures for online and print media as well as for online shops. Die Owner grants the Customer a simple right of use for the Work in accordance with § 31 II of the Urheberrechtsgesetz [German Act on Copyright]. The Owner is the sole creator/holder of the exclusive rights of use to the Work.
2. PERIOD OF USE
The right of use begins when both parties accept the Agreement and shall last for a period of six months. The Agreement shall be extended by a further six months if the Agreement is not terminated by either party with a notice period of one month. The statutory regulations regarding exceptional termination without notice remain unaffected.
3. CONTENT OF THE RIGHTS OF USE
With the transfer of Work in relation to the relevant data, the rights of use shall be granted for the purposes described in Paragraph 1. Any use, application, duplication, distribution or publication above and beyond this is forbidden without the Owner’s prior written consent and represents a violation of the Act on Copyright In case of doubt, the Owner’s consent is required.
Amendments to the Work through photocomposition, montage or through electronic means are only permitted with the Owner’s prior written consent. In addition, the Work, and in particular the images, may not be drawn, altered, photographed or otherwise used as a motif with the Owner’s consent. The Customer is not entitled to transfer the rights of use in full or in part to any third parties, including affiliated companies, without the Owner’s prior written consent.
The Customer commits to ensuring that the data provided shall not be passed on to any third parties or be copied by any third parties. The Customer commits to not using the data after the end of the business relationship, to return the data and to confirm in writing that he has not retained any data.
The law of the Federal Republic of Germany shall apply. The place of jurisdiction is Düsseldorf. Verbal additional agreements have not been concluded. Amendments and additions to this Agreement must be made in writing; this is also valid for any waiving of the written form requirement. If individual provisions of this Agreement are or become ineffective, the validity of the remaining regulations shall not be affected.