§ 1 Definitions

For this contract the following definitions are used and agreed to:

- „Licensee“ is any natural or legal person who buys a license.
- „Invoice" refers to the invoice issued by Sehenswerk.
- "Licensed Material" refers to the material in the form of digital files in accordance with the terms of this agreement. Provided pictures and visual representations that are created in any technical way are protected by copyright or other intellectual property rights.
- "Use", or "usage" refers to any form of copy or post the Licensed material as a whole or in part, the revision or modification of the Licensed material in whole or in part, and the creation of new works from the Licensed Material.

§ 2 Scope of the issued License

1. With the usage of this material, the licensee is not transferred with the use of the licensed material as any property or copyright, nor the Licensee shall be entitled to this. He benefits are solely defined in the usage of this license.

2. Sehenswerk grants the Licensee a temporally and territorial unrestricted, non-exclusive, non-transferable license for the own usage with one company not. A determination is made between the authorization to use the licensed material for editorial use and for other commercial uses.

a) Editorial Use
For editorial contributions licensed material may only be used for editorial contributions. It is prohibited to use material, which is licensed for editorial use only, for commercial purposes, for marketing or promotional purposes or to use for the sale of goods. Editorial material is not to be modified, changed or distorted, either by hand or electronically, under any circumstances. If there is no commercial license available, the suggested use is solely as editorial.

b) Commercial Use
It is allowed to use the license material for reproduction as of the following list:
- Advertising and material for advertising included usage in advertising spots.
- Printed publications and physical products
- Electronic publications including website design

It is up to the licensee to modify the licensed material, crop, edit, or create new works, subject to the condition that it will not cause any disadvantage to the author and that the content is not distorted or blemished.

3. The licensee has the right to reproduce the licensed material with subcontractors, so long as the licensee is able to ensure that the subcontractors work within the regulations of this contract. The licensee guarantees and shall be liable to Sehenswerk of compliance with the license agreement by third parties commissioned by him. 

4. The license granted to use the media does not include depicted characters, names, brand names, trademarks, logos, registered or unregistered copyrights, or documented patterns, designs or works of art which may be visible on the media. The licensee bears the responsibility for the use of licensed material, especially other than granted, e.g. use for merchandising if the material is only licensed for editorial use.

§ 3 Restrictions

1. The licensee is not permitted to reproduce the licensed material such as for commercial purposes (including, but not exclusively in the form of posters and postcards), unless such use is specifically approved by Sehenswerk (e.g. Merchandising License)

2. It is strictly forbidden for the licensee to sell, license or distribute any new material which contains licensed media, if this is done in a way that enables third parties to download the licensed material as a single file to extract, or in any other way to access it in high quality.  

3. The licensee has no rights whatsoever to license, transfer or sell media obtained within the framework of this contract. Works created with media in accordance of the framework of this contract, are generally free for distribution or reselling, depending on the obtained license type. However, it is strictly prohibited to the Licensee to use the licensed material in an electronic template that is intended for reproduction by third parties in an electronic or printed product, or to use in systems that contain within them licensed material in any form. This applies particularly but not exclusively for electronic and non-electronic systems that use this licensed material as part of a whole product, eg Templates for print-on-demand systems. 

4. If a person appears on the license material and the licensed material is used in lawful form as advertising for a product in a way that creates the impression for the ordinary observer  that the person himself uses or recommends the appropriate product or service, the licensee must add at each picture a note that the person is a model act, which is only used to illustrate the scene. This warning must be visible and legible for the ordinary viewer.

5. It is prohibited for the licensee to use the licensed media in an unlawful, defamatory, pornographic, obscene or morally obscene way or use the licensed media for any illegal, defaming, pornographic, obscene or morally objectionable editorial reporting.

6. The licensed material may not be included in logos, registered trademarks or service marks without written approval from Sehenswerk.

7. It is prohibited to the Licensee to use the Licensed material in a manner or process, which could violate the rights of third parties (for example, but not exclusively, by enlarging image details). In particular it is prohibited for the licensee to enlarge or increase individuals or a group of people, to highlight or cut from a group or individuals in any way that a creation as a portrait is generated.

8. Sehenswerk gives no warranty as to whether under the regulations of a competent institution additional fees or payment is due under an appearance of in the media shown models or objects, especially for non conform usage. It is in the sole responsibility of the licensee to take care for such additional expenses.

§ 4 Statement/Invoice

1. Payment methods for license media and material may be by credit card or by invoice. Sehenswerk reserves the right to demand payment in advance.

2. Sehenswerk reserves the right to make all notices and statements electronically. The Licensor acknowledges the validity of such submissions and statements and disclaims the mail-order in paper form.

§ 5 Additional information for editorial use

If licensed material is used for editorial purposes, the origin from Sehenswerk should be in close proximity to the license material. Such a notice must take place with the naming of the online platform in the form "© Sehenswerk.com. If the citation takes place in a list of licensed suppliers, the internet address of Sehenswerk in the form "Sehenswerk.com” has to be published with a reference to the used media. Absence of this information may require an additional fee payable to Sehenswerk as of 100 percent of the total bill. Other rights of Sehenswerk remain unaffected.

§ 6 Delivery, Warranty and Claims

1. Sehenswerk guarantees proper delivery of the licensed material. If a defect in the licensed material appears, that was previously absent or has not been able to recognize(eg blur), the licensee has to name that media within a period of 2 weeks from the time of delivery to Sehenswerk.

2. Should the licensee not check the delivered media in detail, then Sehenswerk is neither directly or indirectly liable for damages to the licensee or third parties arising directly or indirectly as a result of damage to the licensed material or lack of availability of licensed material.

3. In case of a repairable defect Sehenswerk will replace the defective material licensed. When an unrecoverable defect makes the licensed material not usable for the licensee, then Sehenswerk will cancel the invoice and the amount of 100% of the bill to the account or credit card of the licensee. Further claims of the licensee are excluded. For refund of the purchase price, the licensee is obliged not to use the already licensed material and to delete all previously existing copies irrevocable.     

4. In addition, Sehenswerk is not liable for the condition of licensed material, suitability for a particular use or a particular purpose.

5. If a license agreement has, contrary to the knowledge and desire of Sehenswerk, been completed with a consumer, the consumer is responsible for compensation of damage arising from this action, if such occur. 

§ 7 Liability

1. The licensee releases Sehenswerk of all claims, liabilities and expenses (including attorney fees) arising from claims of third parties from the use of licensed material by licensee outside the regulations of this contract or any other infringement of the terms of usage of this contract. 

2. In case of infringement claims by third parties Sehenswerk is entitled to remove media from online shopping baskets or from the online database without further notice.

3. Sehenswerk is not responsible for damage caused by higher force or by circumstances,

4. If Sehenswerk grants a release, this does not automatically include the assurance that the person depicted or the holder of the rights of the represented works of fine or applied arts, the owners of copyrighted designs, art or buildings has issued a consent for the publication of that media. The obtaining of publication permits or to obtain the necessary consents in each case of a third person is the responsibility of the licensee.

5. Sehenswerk does not give any tacit, explicit nor implicit guarantees for marketability or suitability for a specific purpose of the media.

6. Sehenswerk cannot be held liable if a persons depicted privacy or copyright is breached by any usage not in compliance with this contract by the licensee or any not authorized person or company using the media. In violation of such rights the user alone is liable for compensation to any third party.

7. Sehenswerk cannot be, apart from the liability that cannot be excluded or limited by law, held liable by the licensee nor any other natural person or legal entity for compensation arising from the utilization or incidentally (e.g. general, punitive, special or indirect claims), for lost profit or other damages, costs, or losses arising from the utilization of the images by the licensee or by other means, even if Sehenswerk has been informed about the possibility of such damage, costs, or losses.

§ 8 Electronic Storage

Sehenswerk provides all media in electronic form which has to be used as original licensed material. It has to be stored without changing the designation or of the content in its original form. Included digital watermarks, labels, and the IPTC header may not be altered or removed. High-resolution copies of the licensed material are not allowed, except for creating a backup copy. The licensee has to ensure the storage site against unauthorized access. 

§ 9 Late Payments, Interest

1. The license fee upon delivery of the licensed media is due for payment without deduction immediately, unless a different payment period is issued in written form.

2. Sehenswerk is entitled to charge a default interest in the amount of at least 6 percentage points above the current base rate if the licensee delays payment more than 30 days.

§ 10 Termination and Revocation

1. The in compliance indefinitely granted license of usage for a specific media expires without further notice on that date on which the licensee fails to comply with any regulations of this agreement.
        
2. In the case of late payment Sehenswerk is entitled to cancel the contract at its discretion

3. Sehenswerk reserves the right to revoke the license to use the licensed media for good cause and replace the appropriate licensed media with alternative material.

4. The licensee has to stop usage of the licensed media immediately if the usage of the licensed media is revoked or terminated. Media stored on the hardware of the licensee has to be deleted from all computer systems and storage media irrevocably, any backup has to be deleted and/or destroyed. Furthermore, the licensee must ensure that its customers and subcontractors do not use the licensed media any more and delete and remove from all computer systems and storage media irrevocably.

§ 11 Unauthorized Use

Any use of licensed material, contrary to the regulations in this agreement is a copyright violation and entitles Sehenswerk for immediate introduction and implementation of all legal remedies available under applicable copyright laws. The licensee is liable for all damage claims by the unauthorized use of the media and exempts Sehenswerk on first demand against all claims brought by third parties.

§ 12 Final Provisions

1. This contract replaces all existing written or verbal agreements between the parties. Amendments require written form; this also applies to any amendment to this written form requirement.

2. Should a provision of these terms of delivery and business become invalid, this shall not affect the validity of the remaining provisions. The contractors are required to participate in an appropriate clarification of the text.

3. German law is deemed to have been agreed as applicable even for deliveries abroad.

4. Wiesbaden/Germany shall be the exclusive place of jurisdiction and performance for both parties, if said parties are registered merchants. Sehenswerk reserves the right to sue the licensor to the competent court of his domicile or any other court.

5. In case of any doubt the german version of the Sehenswerk’s terms and conditions will apply, which we will make available to buyers upon request.