- The object of the present data use agreement is the voluntary, purpose-related transmission of all communication materials, such as image data for example, videos, logos, product texts and other data (hereinafter referred to as “communication material”) from the company Zweibrüder Optoelectronics GmbH & Co. KG, Kronenstr. 5-7, 42699 Solingen, Germany (hereinafter referred to as “Zweibrüder”) to the user, whereby the transmission can also take the form of a user download from the Ledlenser Media Pool run by Zweibrüder.
- This agreement replaces any agreements previously concluded between the contractual parties concerning data usage. These become invalid by mutual agreement.
- The contractual parties are agreed that the communication material remains the exclusive property of Zweibrüder or a third party contracted by Zweibrüder and are therefore subject to a corresponding copyright protection, that may be enforced by legal means if necessary.
2) Future rights of use for the user
- With the express confirmation, by electronic means, of this agreement and transmission of the communication material, the user receives the right – voluntarily granted by Zweibrüder for the relevant file and withdrawable at any time – to use the communication material downloaded from the Ledlenser Media Pool or sent by e-mail for the purposes described under paragraph (2).
- The contractual purpose of use is the use of the communication material for the user’s online shop/online presentation or its use for the user’s catalogue or other advertisement materials. Other purposes of use are only allowed after written approval.
- The parties are agreed that the communication material – and the data sent before now – may not be used for an internet presentation in which the net sales prices of Zweibrüder are visible without any further operation (without a password-protected access for commercial customers).
- A right for the user to transmit the communication material or the rights pertaining to it is ruled out. If the user transmits the communication material to third parties, this shall lead to the immediate withdrawal of any rights of use pertaining to it, without this requiring a separate withdrawal declaration.
3) Past rights of use for the user
- If the user has already received communication material for use from Zweibrüder before the electronic confirmation of this agreement, this agreement also applies to the use of this communication material.
- This also applies if only oral agreements existed until now.
4) Designation duty of the user
- All communication material provided in the Ledlenser Media Pool may not be published without a well-visible built-in or textually mentioned reference to the “Ledlenser® Copyright”.
5) Third party rights
- If third parties have rights on the communication material sent, Zweibrüder shall ensure that the use of the communication material by the user in accordance with the contract does not infringe upon or violate the rights of the relevant third party.
- Zweibrüder releases the user from a corresponding liability on this matter.
6) Right of withdrawal
- The user’s right of use of the provided communication material may be withdrawn by Zweibrüder at any time without requiring justification.
- The withdrawal must be conducted with the written form, whereby a withdrawal by e-mail is also possible.
- In case of withdrawal, the user shall be forbidden from any use of the data at the latest 7 days after the reception of the withdrawal notice, in particular the user may not publish the communication material any more after the expiry of the time limit mentioned above.
- If the communication material was obviously used for the creation of advertisement material that has already been printed, this may continue to be used until the end of their determined period of use, at the most, however, for the duration of one more year.
7) Ledlenser Media Pool
- If the user is provided the communication material mentioned in section 1) via download, the following provisions apply.
- After registration and the electronic confirmation of this agreement, the user shall receive corresponding access information for the Ledlenser Media Pool, which can be found at media.ledlenser.com. With this access information, the user is authorised to download any quantity of communication material until revocation, and to use it for the purposes described in section 2) paragraph (2) of this agreement.
- The access information sent are to be kept carefully by the user and to be protected from access by third parties. It may not be given to third parties. The user is also not allowed to download communication material with this access information for the purposes of third parties and to give the communication material to third parties. Breaches of this provision shall automatically lead to the immediate withdrawal of any data use rights of the user, without requiring a separate withdrawal or cancellation declaration.
8) Additional provisions
- There are no ancillary agreements.
- Additions or changes to this agreement require the textual form.
- If individual provisions of this agreement are invalidated, this does not affect the validity of the remaining provisions.