User Licence Agreement
This User- Licence-Agreement is a translation of the German version. In case of discrepancies between this version and the German version, the German version will apply.
This is a legal agreement between you or your company, firm or other organisation and A+E Pauli Bildarchiv („A+E", „AE-Foto", „A+E-pixx", „ae-pixx", „we" oder „us"). Please read this agreement carefully before you use this website and download or purchase any item.
1. Conclusion of the user-licence-agreement
By confirming the purchase of the Image(s)/Footage or downloading the Image(s)/Footage you have selected from this website you agree to be bound by our General Terms and Conditions (GTC) and - if applicable - by the RoyaltyFree-Licence-Agreement. For special types of use besides editorial print or web (e.g. TV, film, Commercial etc.) you can send your request our offer via the contact form.
When ordering in our picture shop „ae-pixx.com: In the last step 4 of your ordering process (" summary") you may review all information (for example, name, billing address, delivery address, payment method, ordered data, etc.) and have the possibility to change by clicking the „change"-link. You confirm and send off your order to us by clicking the button "Buy now". Following that you will receive an automatic receipt. We are entitled to accept your order within 2 days by sending an order confirmation by e-mail. If you do not receive an order confirmation from us within 2 days after receipt of your order, the order is considered as lost or rejected. For all orders, the contract is concluded with:
A+E PAULI Bildarchiv
83371 Stein a.d. Traun
2.Storage of data
Your order and the order data entered by you will be saved by us. We send an order confirmation with full information to the e-mail address provided by you. In addition, your order with all entered order data will be stored in your personal user account. Here you can view and print your order with all information at any time. You also have the option to print both the general terms of service, the image user licence agreement and your order data during your ordering process.
3. Conditional Sale
The delivered picture material or downloaded file remains our property until full payment. Prior to the transfer of ownership, pledging, security, processing or transformation is not permitted without our consent. Any duplication by you or on your behalf, without having informed us on its use within within 4 months or payment has been made to us, constitutes a violation of this agreement, entitles us to immediate termination and also may constitute a violation of copyright.
4. Prices and shipment
All prices are net prices. Any shipping fees and VAT will be shown in step 4 („summary" of the order process. Shipping costs do not apply to downloads.
Ordered data can be downloaded after receipt of payment.. Should download fail after three unsuccessful attempts, you will be refunded payments on evidence. Data may be obtained on CDROM only if total data volume exceeds 50 MB for an additional fee covering work, package and shipment. Delivery time will be 2-4 days within Germany, up to 30 days abroad. Ordered goods will be shipped after receipt of payment on the cheapest possible way to the address you specified, except you wish and pay a special shipping method.
Payments are to be made in advance by Paypal or by Klarna „Pay now" (button "Sofort"). For selected registered users, payment by invoice is also possible.
7. Warranty and Liability
Warranty is explained in the licence agreement.
We exclude our liability for slightly negligent breaches of duty, insofar as these do not concern any essential contractual obligations, damages resulting from injury to life, limb or health or guarantees or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents.
Personal data is information that indicates your identity: name, address, mailing address, delivery address, telephone number and e-mail address. We store your personal data only as far as this is necessary for the processing and processing of your order. With the exception of any shipping companies involved, we will not share your personal data with third parties.
With your visit to our offer, information about the access (date, time, viewed page) can also be stored on our server. These data do not belong to the personal data, but are anonymized. They are evaluated by us exclusively for statistical purposes.
Your order with all entered order data will be stored in your personal customer account. For payment via PayPal or Klarna-Pay-now no further data is collected by us, but you will be forwarded to the website of the online payment system PayPal or Klarna following the ordering process. Further explanations on the payment transaction and the use of your data can be found there.
9. Revocation paragraph:
Right of Revocation
Consumers can cancel their contract within two weeks without giving reasons in writing (for example, letter, fax, e-mail) or by returning the goods. The period begins at the earliest with receipt of this instruction. To maintain the cancellation period, the timely dispatch of the revocation or the thing is sufficient.
The revocation must be sent to:
A+E PAULI Bildarchiv
83371 Stein a.d. Traun
Consequenes of Revocation:
In the case of an effective cancellation, the mutually received benefits must be returned and any benefits (eg interest) surrendered. If you can not return the received service in whole or in part or only in a deteriorated condition, you may have to pay us compensation. This does not apply to the return of goods if the deterioration of the item is solely attributable to its examination - as it would have been possible for you in a shop.
You can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as your own property and refraining from doing anything that impairs its value. Mailable items are to be returned at our risk. You have to bear the costs of the return shipment, if the delivered item is equal to the ordered one and if the price of the item to be returned does not exceed an amount of 40 Euros or in case of a higher price of the item your downpayment did not exceed 40 Euros at the time of the revocation. Otherwise, the return is free for you. Non-parcels are picked up ad your address.
Revocation of data received on storage media (CD, CDROM, USB-stick, etc):
Paragraph 312d (4) no. 2 BGB excludes a right of revocation if the delivered data carriers have been unsealed by the consumer
Withdrawal from purchase of download-data:
Paragraph 312d (3) BGB excludes a right of withdrawal for download files after the download has been completed.
- End of revocation paragraph –
10. Final Provisions
The Contract shall be governed by German law with exclusion of the the standard UN sales law. The Buyer agrees to submit to the jurisdiction of a court in Traunstein. Should a provision of the contract or of the general terms and conditions is held by any competent authority to be invalid or unenforceable or should the contract be incomplete, the remainder of the contract shall not be affected.
Offers, deliveries, electronic transfers and the granting of rights of use are subject to alteration and not exclusively to the following conditions:
Other conditions (deadlines, blocking agreements, warranty acceptances, etc.) have to be agreed separately (individually). Deviating terms and conditions of the orderer/user (customer) are only valid upon written confirmation by A+E („the archive"). Delivered image material, both analogue and electronic, remains always in the property of the archive. It is only temporarily made available for the acquisition of rights of use and is to be returned completely after its use or ( Electronic image material) to be deleted. The material may only be passed on to third parties if this is exclusively for internal purposes of sighting, selection and technical processing. Any further distribution requires a contract. This includes the sale of links, including references on the Internet, to these images to third parties. Creating duplicates requires prior approval. They must be destroyed after use. The release fur usage is effevtive only after user notifies the archive of the usage type. Every type of use requires the express consent of the archive. This also applies to the use of templates, details and cutouts which become part of a new image by means of montage. For pysical selections, the removal of teplatres (slides) from their envelopes or an open or damaged seal is considered as use Labels, clipping marks, etc. must not be placed on the artwork, neither on the edges. The customer shall be liable for the material provided to the archive until it is returned intact Return of supplied material is on customer’s cost and risk.
Physical material („templates") must be returned within the specified time limit (in case of doubt 8 weeks). The return period may be extended after consultation with the archive. Complaints concerning the content or the nature of the consignment must be made immediately upon receipt. Blocking periods are generally valid from the date of invoice.
The usage fees stated in the picture Shop for download images are, unless otherwise agreed in writing, limited to one-year, non-exclusive right of use (' Simply license ') or for online use. Every single use of the image material or the image data is subject to a fee. (For RF images see the provisions in the Royalty-Free-Licence-Agreement) -the amount of the fee is based in Picture size, in principle on the type and scope of use and should be agreed beforehand. In order to get an individual offer, the customer is obliged to give the necessary information on the planned usage. Royalty agreements apply only to the exact purpose and scope. Any further use shall be subject to a renewed agreement.
Except for already downloadeable (image-)data, the archive may charge a fee for each selection and –in case of physical supply- a shipment fee,, depending on the time required for the compilation of the selectiont. The fee will not be offset from a later licence fee. If templates (originals, duplicates) are not returned within the aforementioned return period, the archive is entitled to charge blocking fees:
Monthly blocking fees are: EUR 1.00 for each paper print, EUR 10.00 for colour slides and negatives, EUR 10.00 for original graphics EUR 10.00. Any lost material will be charged at an appropriate level, e.g. prints EUR 10,--, color Slide duplicates EUR 30.00, Color slide-Originals EUR 250.00. The payment of a loss fee does not constitute any reproduction rights. If originals reported as lost are found and returned undamaged within one year of delivery, 50% of the losses will be refunded.
E) LIMITATION OF DISPOSAL AND LIABILITY
The archive does not accept any claims for damages, which should result from the use of the supplied imagess. Limitations of use are given either in the invoice otf the archive or described in the accompanying image information (metadata) .Customer has to respect the personality, copyright, trademark and other intellectual property rights of the depicted persons, works, objects or signs in respect of the provisions of the country in which the image is to be published. Basically the customer is responsible for obtaining the consent of third parties case by case. This does not apply, if the existence of the required consent or rights has been expressly assured ny the archive in written form.
Each publication must clearly and unmistakably carry the citation of the source, i.e. mention author and archive, e.g. according to the schema author/A+E (according to information on the image label or in the metadata). If case of omission, he archivet is entitled to double the usage fee. At least one specimen copy of each publication must be supplied unsolicited and free of charge.
All ancillary rights as well as the transfer of rights to collecting societies remain reserved. All invoices are payable net without any deduction. For all business relations, including with customers abroad, the law of the Federal Republic of Germany is deemed to have been agreed with the exclusion of the UN sales law.
between A+E Pauli Fotoarchiv , bzw. A+E Pauli Bildarchiv ( Licencor, Licensor )
and you ( customer/Licensee ):
1. Preliminary notice:
The licensor provides the licensee with the conclusion of the following license agreement by offering RF images/image data or a CD/DVD-ROM with RF image data. By downloading the image data or opening the CD/DVD-ROM, the customer agrees fully with the terms of this agreement, whereby this contract is legally concluded.
All images contained on the CD/DVD-ROM and/or the licensor's website are protected by copyright. The licensor is the owner of the corresponding rights to use this image material. The use of the image material by the customer depends on the prior payment of the full license fee and the prior consent by the licensor for use, and also on compliance with the provisions of this Agreement.
2. Granting of reproductive rights:
2.1. Only usage rights of the offered images are transferred, i.e. only the use is licensed.
2.2. The Licensor grants only the non-exclusive and non-transferable right to use and reproduce the images for
a) print, in particular all types of printed and tangible material including advertising, packaging, sales, etc.
b) non-print purposes, i.e. as digital and electronic material with an image resolution of not more than 1250 pixels at long edge(72 dpi), whereby the customer must clearly point out that the picture material or the image data must neither be downloaded or copied by third parrty.
The Lizenseer must ensure that, as far as technically possible, all reproductions are copyright-marked in the form of ' author/A+E ' or at least ' A+E '. (See also terms and conditions, paragraph F)
c) All ancillary rights as well as the transfer of rights to collecting societies remain reserved.
3. Usage Restrictions:
3.1. The rights granted by the licensor in this agreement are non-transferable and their use is limited to the use for an end-user product, even in the case of further processing. It is not permitted to pass on the data or images to third parties or to transfer rights of use or to grant or permit any other use to third parties.
3.2. The images may not be used together with third parties, made accessible or copied to third parties. The establishment of a network of servers with or without a central location that allows access to the images or data by third parties is not permitted.
3.3. It is not permitted to use the image as part of a service mark or trademark or to violate brand names, trademark rights, service marks or trademarks of others.
3.4. It is not permitted to bring the images online in a downloadable FTP or similar format.
3.5. The image material may not be brought into a negative, derogatory or disfigureing context or used in such a context, unless a prior written permission is obtained from the licensor in this respect.
3.6. A backup copy of the images or the software may be created; However, this may only be used if the original has been damaged or lost.
3.7. If the license granted is terminated without notice due to breach of this contract, in particular because of infringement of the nature and scope of the granted rights of use, the image material or the CD/DVD-ROM may not be used further. The data carrier and/or all respective electronic data must be deleted immediately. This also applies to backup copies etc. The cancellation shall be confirmed in writing to the licensor immediately upon receipt of the notice.
4. Compensation in case of breach of contract:
In addition to the provisions of this Agreement, the licensee must also comply with competition law, trademark law and utility model provisions when using the licensed material. He has to compensate the licensor for any damage arising from such violations and to keep the licensor free from any claim by third parties.
5. Guarantee or warranty for the usability of the delivered CD/DVD-ROM:
The licensor guarantees the correct condition of the delivered CD/DVD-ROM for the period of 90 days from delivery, i.e. the absence of material defects and/or manufacturing errors. In the contrary case, the Licensee is entitled either to a refund of the purchase price or to the delivery of a defect-free CD/DVD-ROM -depending on the licensor's decision
6Limitation of liability:
A liability at the expense of the licensor in the event of inoperability of the delivered CD/DVD-ROM in terms of the respective image or the entire CD/DVD-ROM is limited to the paid fee (purchase price), except, the Licensee can prove gross negligence or intent of the licensor. The licensor does not accept any claims for damages, which should result from the use of the supplied image data. Concerning the type and the place of use, any references and limitations contained in the accompanying image information (metadata) must be observed ny the licensee , i.e. personality, copyright, trademark and other intellectual property rights of depicted persons, Works, objects or signs , accordong to the provisions of the country in which the use is to be made. In individual cases the licensee is responsible for obtaining the necessary release of third parties. This does not apply, if the existence of the required release or rights has been expressly assured by the Licensor in written form..
All rights and data which the licensee receives in the course of this contract are and remain in the property of the licensor and are protected by copyright. It is not allowed to reverse, rearrange, or convert the data to other readable formats.
8. General Provisions:
A) should one or more of the provisions of this contract be inadmissible or ineffective, a valid or effective provision, which comes closest to the intended purpose and successm shall take its place. The validity of the contract is not affected by this. This also applies mutatis mutandis to any loopholes in the regulation.
B) for this contract, even in the case of foreign contact, German law applies exclusively. As far as legally permissible, a Traunstein court is agreed as the place of jurisdiction and performance.
This agreement applies equally to all RF images/RF image data obtained through any website maintained by A+E Pauli.