License agreement: “Media”

All graphics/illustrations by Artletico / Lars Peter Witt offered in the online store > https://artletico.net/ < are subject to German copyright law. Artletico / Lars Peter Witt owns all rights, including the copyrights to the graphics/illustrations offered. The rights to use the offered graphics/illustrations are subject to the following conditions and are only valid if you have made the payment to Artletico / Lars Peter Witt for the rights to use the offered graphics/illustrations and you agree to the following conditions at the same time. Artletico / Lars Peter Witt reserves the right to make changes to these conditions and licenses.

This License Agreement contains the terms of the Licensee’s non-exclusive and limited copyright license with respect to the Digital Content provided by the Shop Owner and purchased by the Licensee. This license agreement is a legal agreement between the licensee and Artletico / Lars Peter Witt for the download, use of offered graphics / illustrations. There is no transfer of ownership when purchasing offered graphics/illustrations! You acknowledge that all intellectual property rights to the graphics/illustrations offered belong to Artletico / Lars Peter Witt worldwide. Artletico / Lars Peter Witt remains the owner. Only rights of use are sold. The use of the offered graphics/illustrations is always subject to the provisions of this license.

Important:

By purchasing the right of use, you agree to the terms of this license. The terms of this license include, in particular, limitations of liability. If you do not agree with the terms of this license, you may not use the graphics/illustrations. Without your consent, the graphics/illustrations are not licensed despite payment. Once the payment, download or streaming has been completed, you can no longer withdraw your consent. You hereby agree to the immediate fulfillment of the contract and acknowledge that you lose your right to withdraw from the contract.


1. DEFINITIONS

1.1 “Asset” means the license to use a graphic/illustration by Artletico / Lars Peter Witt

1.2 “Licensor” is Artletico / Lars Peter Witt

1.3 “Agreement” means this License Agreement

1.4 “Confidential information” is information that:

A. is confidential by nature;

B. be designated in writing as confidential by the licensor;

C. the licensee knows or reasonably should know that they are confidential;

D. Information contained in or relating to intellectual property rights of the licensor;

1.5 “Intellectual property rights” means all rights to copyrights, trademarks, trade names, designs, patents, know-how (trade secrets) and all other rights arising from intellectual activity in the industrial, scientific, literary or artistic field Application or right to apply for registration of any of these rights and any right to protect or enforce any of these rights.

1.6 “Party” means a natural or legal person who has executed this Agreement

2. GRANTING OF LICENSES

2.1 The Licensor grants the Licensee a non-exclusive, non-transferable license to use the Asset for the specific purpose set out in this Agreement for the Term, subject to the terms and conditions set out in this Agreement (clause 15.)

3. FEES

3.1 In return for the Licensor providing the license, the Licensee undertakes to pay the Licensor a license fee.

4. OBLIGATIONS OF THE LICENSEE

4.1 The Licensee may not use the Asset for purposes other than those specified in this Agreement (including Section 15.)

4.2 The Licensee shall not distribute, sell, license or sublicense, rent, trade or offer for sale the Asset to third parties.

4.3 No copies of the Asset may be made unless expressly authorized by the Licensor.

4.4 The Licensee may not make any changes to the Asset or its content.

4.5 The Licensee shall provide technical and security measures to ensure that the Asset for which the Licensee is responsible is physically and electronically protected from unauthorized use or access.

4.6 Licensee shall ensure that the Asset retains all Licensor’s copyright notices and other proprietary notices and all trademarks or service marks of Licensor.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 All intellectual property rights in and relating to the Asset are owned by the Licensor. The licensee does not acquire any ownership rights to the asset.

6. LIMITATION OF LIABILITY

6.1 Licensee acknowledges and agrees that neither Licensor nor its directors, officers, employees or agents shall be liable for any loss or damage arising out of or resulting from Licensor’s provision of the Asset under this Agreement or any use of the Asset by Licensee or its employees. The Licensee hereby indemnifies the Licensor in full against any liability, loss, damage or claim.

7. CONFIDENTIALITY

7.1 Neither party shall use, disclose or make available to any third party the Confidential Information of the other party unless such use or disclosure is in accordance with the terms of this Agreement.

7.2 Each party shall keep the other party’s Confidential Information secure and confidential unless such Confidential Information

A. must be disclosed in accordance with the requirements of any law, judicial or legislative body

or government agency; or

B. have been authorized in writing by the other party for release, but only to the extent and subject to the conditions that may be set forth in such written authorization.

7.3 This clause 7 shall survive the termination of this Agreement.

8. DISCLAIMER AND RELEASE

8.1 To the extent permitted by law, the Licensor shall not be liable in any way to the Licensee or any third party for any loss or damage arising directly or indirectly in connection with the use of the Asset, however caused (including negligence). .

8.2 The Asset is provided by the Licensor “as is”.

8.3 The Licensor shall not be liable to the Licensee in any way for any loss, damage or injury suffered by the Licensee or any other person in connection with the use of the Asset or any part thereof.

8.4 Notwithstanding the provisions of this Agreement, in no event shall Licensor be liable for any claims, damages or losses arising out of the modification, combination, operation or use of the Asset with Licensee’s computer programs.

8.5 The Licensor does not warrant that the Asset will function in every environment.

8.6 The Licensee acknowledges that:

A. The Asset has not been prepared to meet any specific requirements of any party, including any requirements of the Licensee; and

B. It is therefore the licensee’s responsibility to ensure that the asset meets its individual requirements.

8.7 To the extent permitted by law, Licensor makes no express or implied warranty, condition or obligation, including any implied warranty of merchantability or fitness for a particular purpose.

9. COMPENSATION FOR DAMAGES

9.1 Licensee waives all claims (including third party claims), demands, actions, suits, expenses (including attorneys’ fees) and damages (including indirect or consequential damages) against Licensor, its directors, officers, employees and agents arising in any way from:

A. The use or reliance of the Licensee and its employees on the Asset,

B. any breach of the terms of this License Agreement by Licensee or any employee of Licensee; and

C. any other act of the licensee.

9.2 This clause 9 shall survive the termination of this Agreement.

10. OFF

10.1 Any failure or delay by either party in exercising any right, power or privilege under this License Agreement or insistence by the other party on compliance with or performance of the terms of this License Agreement shall not constitute or be construed as a waiver thereof.

11. APPLICABLE LAW

11.1 This Agreement shall be governed by and construed in accordance with the laws of the licensor country. The parties submit to the exclusive jurisdiction of the courts of the licensor country.

12. TERMINATION

12.1 This Agreement and the license granted herein shall commence on the Effective Date and shall be granted for the Term unless otherwise terminated by Licensor in the event of any of the following events:

A. if Licensee breaches any provision of this License Agreement and fails to cure such breach to Licensor’s reasonable satisfaction within 7 days after notice to Licensor;

B. if the Licensee becomes insolvent or commences (or has commenced against it) bankruptcy, insolvency, reorganization or dissolution proceedings or makes an assignment for the benefit of creditors; or

12.2 Termination under this clause shall not affect the Licensor’s other rights or remedies.

13. LICENSE FEE

13.1 In return for the license grant described in this License Agreement, the Licensee must pay the license fee once immediately upon conclusion of this Agreement.

14. DISPOSAL

14.1 The Licensee may not assign any rights under this License Agreement without the prior written consent of the Licensor.


15. license conditions “Media” for the asset (here “File”)

Use of the file

Exclusively as media / document printing

Dimensions of the file (px)

Up to 3000 px

Resolution

At least. 300dpi

Right of withdrawal

No

Max. Number of prints

1000

Pressure on products that are offered for sale

No

Runtime

The license is issued for a period of 3 years.


16 SALVATORY clause

16.1 The parties recognize the uncertainty of law with respect to certain provisions of this Agreement and expressly agree that this Agreement is binding and shall be construed so as to make its provisions valid and enforceable to the fullest extent permitted by applicable law. To the extent that any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be deleted from this Agreement or modified so as to be enforceable and the validity and enforceability of the remaining provisions of such provision and this Agreement shall not be affected.

17. ENTIRE AGREEMENT

17.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, representations or understandings, whether oral or written.