Basically, as a client, you acquire the simple right of use on the recordings.
Should a exclusive right of use or even a total buy-out of the material (copyrights), these must be agreed separately.
in between
[Name and address of photographer/creator]
- hereinafter referred to as "author" -
and
[company name and address]
- hereinafter referred to as "Licensee" -
scope
The subject of the present agreement is the transfer of rights of use to the following recordings:
The author assures that he is the sole owner of all unrestricted rights to the recordings to be made available and is therefore entitled to grant the licensee the contractual rights of use to the listed works.
License Terms
Upon payment of the agreed license fee, the licensee receives only the rights of use defined below from the author.
In principle, the licensee only receives the right to use the photographic copyright. If applicable, other affected rights such as those of the people depicted, trademarks, works of art, buildings, etc. must be clarified and obtained independently by the licensee for the intended purpose of use.
purpose of use
Rights of use are granted in the following form:
□ Print images
Use in print media and other traditional print products (e.g. brochures, posters, flyers). Multiple use is permitted within the same company. The use for different applications (e.g. several projects in the sense of individual customer orders) is not permitted. In this case, the license right must be acquired several times.
□ Web images and presentation images
Use on the Internet (e.g. on the website, social networks) or in presentations, including distribution within the presentation in electronic or individually printed form. Multiple use is permitted within the same company. The use for different applications (e.g. several projects in the sense of individual customer orders) is not permitted. In this case, the license right must be acquired several times.
□ 3D tours of Matterport
Use on the Internet (e.g. on the website, social networks) or in other forms of presentation as well as the 3D data after acquisition (e.g. Matterpak) including transfer within the presentation in electronic or individually printed form. Multiple use is permitted within the same company. The use for different applications (e.g. several projects in the sense of individual customer orders) is not permitted. In this case, the license right must be acquired several times.
The right to use Matterport 3D tours expires upon termination of the cloud hosting agreement with MESH IMAGES, unless the Matterport 3D tour has been transferred to another Matterport cloud hosting provider (transfer).
□ 3D models
Use on the Internet (e.g. on the website, social networks) or in presentations, including distribution within the presentation in electronic or individually printed form. Multiple use is permitted within the same company. The use for different applications (e.g. several projects in the sense of individual customer orders) is not permitted. In this case, the license right must be acquired several times.
The licensee does not exclusively acquire the rights of use for the print, web and presentation images as well as 3D tours of Matterport and 3D models.
Prohibited Use
The photos can be slightly modified by the licensee for his intended use. In particular, modifications are not permitted that distort the original image message in such a way that the author suffers personal disadvantages such as damage to his reputation, as well as modifications that are restricted and prohibited by other rights (e.g. personal rights, trademark rights). In these cases, express written permission must be obtained from the rights holder.
resale
The resale or transfer of the recordings is not permitted. Excluded is the transfer as part of a larger work or the transfer of intended, separately provided recordings.
Security and Privacy
The originator takes all usual and reasonable efforts regarding security, in particular with regard to the confidentiality of licensee and payment data. A further warranty - in particular regarding claims for damages - is not provided by the author.
Termination of User Agreement
The right of use granted with this agreement ends automatically with the customer relationship existing between the author and the licensee. Advertising materials that are still in circulation and that are still in circulation during the validity of this agreement in an authorized form, taking into account the purpose of use specified here (e.g. printed matter, magazines, flyers) may be kept in use until the respective editions have been used up.
Severability Clause
If individual provisions of this contract are or become invalid or if loopholes become apparent, this does not affect the validity of the contract passages that are not affected. The respective statutory provisions shall take the place of the ineffective or incomplete provisions.
Place and Date Signature of Licensee
Place and date Signature of author
