10th of March 2005
With the removal of the shrink-wrap and/or the Dosch Design seal of a physical Dosch Design product (CD-ROM, DVD, or other medium) or with the download of digital media files (for definition see §7-1), you (the buyer) recognize the validity of this agreement.
If a buyer enters this agreement in the name/in place of the employer then the coverage of this agreement will extend to both the employee and the employer. If the employment is terminated then the employer can continue to use the product with all the inherent rights and obligations laid out in this agreement.
Digital Media Files are any textures, 3D-models, images, animations, movie-clips, videos, programs, audio-files or other audio/visual digital representations recorded in any format which a buyer properly purchases from Dosch Design, or which a user obtains, directly or indirectly, from Dosch Design.
(2) Granting of the License
With the proper purchase and use of the Digital Media File(s) the buyer obtains a non-exclusive license to use and modify the Digital Media File(s) according to the conditions laid out in the following paragraphs.
The Digital Media File(s) can be used license-free (without additional fees), and -except for below mentioned exceptions- without limitations in: animations, illustrations/renderings, film/video, TV, multimedia, commercials, live-performances, Internet, presentations, product- or print jobs (DVD, computer games, entertainment- and training videos, music videos, etc.).The usage limitations are the following:
No Digital Media File(s) may be
(a) separately published, marketed, distributed, transferred, sold or sublicensed in full or in excerpts (any part thereof).
(b) published, marketed, distributed, transferred, sold or sublicensed as part of a rendering, animation, software application, data or any other product from which any original Digital Media File, or any part thereof, or any substantially similar version of the original Digital Media File can be separately exported, extracted, or decompiled into any redistributable form or format.
(c) published, marketed, distributed, transferred, sold or sublicensed as "clip art" or the like, including but not limited to animations or still images that are sublicensed or otherwise distributed by a stock photography or stock animation agency, or in any other manner in which the primary source of value derived from publishing, marketing, distributing, transferring, selling or sublicensing the image (or Digital Media File) is that it is accessible in a manner similar to "clip art."
(4) Single-user License
The Digital Media File(s) may only be modified or used in unmodified form, on one computer at any one time. You may not rent, lease, lend, sell or sublicense the Digital Media File(s) to another person, company or other entity. Anything you produce using the Digital Media File(s) must be for your own use, or for the use of your employer, client or customer, who must be the end-user of your work.
Please contact Dosch Design for a multi-user (group) license if you need to use the Digital Media File(s) over a network for multiple users.
(5) Special License
Please note that special licensing is available from Dosch Design in order to obtain additional rights (beyond the rights outlined above).
(6) Special Limitations
The Digital Media File(s) may not under any circumstances be used in or in conjunction with pornographic, defamatory, obscene, fraudulent, libelous, infringing, immoral, or illegal material.
The buyer and/or user have the sole & full responsibility for all legal consequences of any such use.
All Digital Media Files are copyright Dosch Design or its licensors and are protected by German copyright laws, international treaty provisions and other applicable laws.
No title or intellectual property right in the Digital Media File(s) is transferred to the buyer. Dosch Design retains all rights not expressedly granted to the buyer by this license agreement.
Dosch Design is not liable for specific, direct, indirect, consequential, punitive (fines/penalties), or incidental damages, (incl. but not limited to damages through the loss of profit, business interruption, loss of business data, or any other monetary loss) which result from the successful or failed use of the Digital Media File(s).
Licensor’s entire liability and the buyer’s exclusive remedy shall be no more than the amount paid for the particular Digital Media File(s).
(9) Breach of Contract
The buyer/user agrees to indemnify, defend and hold Dosch Design our affiliates, business partners, officers, directors, employees and agents harmless from any loss, damages, claim or liability of any kind arising from 1) the use of the Digital Media File(s) in any form, 2) any breach of the terms and conditions of this agreement, or 3) the buyer’s/user’s negligent act, omission or willful misconduct.
All license rights granted pursuant to this agreement shall automatically terminate upon the breach of this agreement.
Dosch Design warrants The Digital Media File(s) to be free from defects in material and workmanship for 90 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of The Digital Media File(s) or applicable media. Refunding the purchase price is only an option for Dosch Design.
DOSCH DESIGN MAKES NO OTHER WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE DIGITAL MEDIA FILE(S) AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT ARE HEREBY DISCLAIMED.
Dosch Design reserves the right to amend or change this agreement at any time.
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms.
This Agreement will be governed by the laws in force in Marktheidenfeld, Germany. The buyer will bring any legal
action to court in Würzburg, Germany.
Sebastian U. Dosch - Registergericht: Amtsgericht Würzburg
HRB5307 - Tax-number: 231/124/70050