Usage Rights

As a client, you generally acquire a simple (non-exclusive) usage right to the captures.

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

Agreement for the Use of Photographic Captures

between

[Name and address of the photographer/creator]

- hereinafter referred to as "Creator" -

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 captures:

The Creator warrants that they are the sole holder of all unrestricted rights to the captures to be provided and is therefore authorized to grant the Licensee the contractual usage rights to the listed works.

License Terms

The Licensee shall receive from the Creator, upon payment of the agreed license fee, exclusively the usage rights defined below.

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

Intended 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 within the same company is permitted. Use for different applications (e.g. multiple projects in the sense of individual client assignments) is not permitted. In such cases, the license right must be acquired multiple times.

☐ Web Images and Presentation Images

Use on the internet (e.g. on websites, social networks) or in presentations including distribution within the presentation in electronic or individually printed form. Multiple use within the same company is permitted. Use for different applications (e.g. multiple projects in the sense of individual client assignments) is not permitted. In such cases, the license right 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 acquisition thereof (e.g. Matterpak) including distribution within the presentation in electronic or individually printed form. Multiple use within the same company is permitted. Use for different applications (e.g. multiple projects in the sense of individual client assignments) is not permitted. In such cases, the license right must be acquired multiple times.

The usage right to Matterport 3D tours expires upon termination of the cloud hosting agreement with MESH IMAGES, unless a transfer of the Matterport 3D tour to another Matterport cloud hosting provider has been completed (Transfer).

☐ 3D Models

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

The Licensee acquires the usage rights for print, web and presentation images as well as 3D Tours Matterport and 3D Models on a non-exclusive basis.

Prohibited Use

The photographic captures may be slightly modified by the Licensee for their intended use. In particular, modifications that distort the original message of the image in a way that causes personal disadvantage to the Creator, such as reputational damage, are not permitted, nor are modifications restricted or prohibited by other rights (e.g. personal rights, trademark rights). In such cases, express written consent must be obtained from the rights holder.

Resale

The resale or transfer of the captures is not permitted. Exceptions are the transfer as part of a larger work or the transfer of separately provided captures designated for this purpose.

Security and Data Protection

The Creator undertakes all customary and reasonable efforts regarding security, particularly with respect to the confidentiality of Licensee and payment data. No further warranty — particularly regarding liability for damages — is provided by the Creator.

Termination of the Usage Agreement

The usage right granted under this agreement automatically expires upon termination of the client relationship between the Creator and the Licensee. Advertising materials still in circulation that were produced in authorized form during the validity of this agreement and in accordance with the intended use specified herein (e.g. printed materials, magazines, flyers) may continue to be used until the respective print runs are exhausted.

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 remaining contractual provisions. The respective statutory provisions shall take the place of the invalid or incomplete provisions.

Place and Date Signature of the Licensee

Place and Date Signature of the Creator