Rights of use

In principle, you as the client acquire a simple right of use to the recordings.

If an exclusive right of use or even a total buy-out of the material (copyrights) is to be granted, these must be agreed upon separately.

Agreement on the use of photographs

between

[Name and address of the photographer/creator]

- hereinafter referred to as “Author” -

and

[Name and address of the company]

- hereinafter referred to as “Licensee” -

Scope

The subject of this agreement is the transfer of usage rights to the following recordings:

The author assures that he is the sole owner of all unrestricted rights to the recordings to be provided and is therefore entitled to grant the licensee the contractual rights of use to the works performed.

License terms

Upon payment of the agreed license fee, the licensee receives from the author exclusively the rights of use defined below.

In principle, the licensee only receives the right to use the photographic copyright. Any other rights affected, such as those of depicted persons, trademarks, works of art, buildings, etc., must be clarified and obtained by the licensee independently for the intended purpose of use.

Purpose of use

Usage rights are granted in the following form:

□ Print images

Use in print media and other traditional printed materials (e.g., brochures, posters, flyers). Multiple use is permitted within the same company. Use for different applications (e.g., multiple projects in the sense of individual customer orders) is not permitted. In this case, the license must be acquired multiple times.

□ Web images and presentation images

Use online (e.g., on websites, social networks) or in presentations, including distribution within the presentation in electronic or individually printed form. Multiple use is permitted within the same company. Use for different applications (e.g., multiple projects in the sense of individual customer orders) is not permitted. In this case, the license must be acquired multiple times.

□ 3D Tours Matterport

Use on the internet (e.g., on websites, social networks) or in other presentation formats, as well as the 3D data after purchase (e.g., Matterpak), including distribution within the presentation in electronic or individually printed form. Multiple use is permitted within the same company. Use for different applications (e.g., multiple projects in the sense of individual customer orders) is not permitted. In this case, the license must be acquired multiple 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

The licensee acquires non-exclusive rights of use for the print, web and presentation images as well as 3D tours Matterport and 3D models.

Unauthorized use

The licensee may make minor modifications to the photographs for their intended use. In particular, modifications that distort the original image message to such an extent that they impose personal disadvantages on the author, such as damage to reputation, as well as modifications that are restricted and prohibited by other rights (e.g., personal rights, trademark rights) are not permitted. In these cases, express written permission must be obtained from the rights holder.

Resale

Resale or distribution of the recordings is not permitted. This does not apply to distribution as part of a larger work or to distribution of recordings provided separately for this purpose.

Security and data protection

The author undertakes all customary and reasonable efforts regarding security, particularly with regard to the confidentiality of licensee and payment data. The author provides no further warranty—particularly regarding claims for damages.

Termination of the User Agreement

The right of use granted under this agreement automatically terminates upon termination of the existing customer relationship between the author and the licensee. Advertising materials still in circulation during the term of this agreement, in an authorized form and in compliance with the intended use specified herein (e.g., printed matter, magazines, flyers), may continue to be used until the respective print runs have been consumed.

Severability clause

Should individual provisions of this agreement be or become invalid, or should gaps in the provisions become apparent, this shall not affect the validity of the unaffected provisions. The respective statutory provisions shall replace the invalid or incomplete provisions.

Place and date Signature of the licensee

Place and date Signature of the author