Condiciones generales ROTHENBERGER

Logo Licence - General Terms of Use

As of June 2014

Preamble

The LICENCE USER intends to use the logo, trademark, video files, product images and/or text data (hereinafter called DATA) of ROTHENBERGER Werkzeuge GmbH (hereinafter called ROTHENBERGER) for advertising, marketing and presentation purposes. The following General Terms and Conditions of Use (hereinafter called GTC), in their respective version, grant the LICENCE USER the possibility of using the DATA or the registered trademark, which is summarized in § 1, in accordance with the limited use granted pursuant to § 2 of the GTC. To this end, ROTHENBERGER shall make available the DATA to the LICENCE USER under the conditions laid down in the provisions of these GTC. Data transfers from ROTHENBERGER to the LICENCE USER are made solely on the basis of these GTC. These GTC apply in their current version for all future transfers of DATA to the LICENCE USER.

§ 1 Subject of the contract

(1) ROTHENBERGER hereby grants the LICENCE USER the non-exclusive right specified hereinafter under § 2 to use the DATA transmitted, defined and described but limited in time, place and as regards content, i.e. for 24 months as of transfer, in the Federal Republic of Germany and for specific advertising targeted at the German market within the limits described in § 3. If the LICENCE USER seeks to use the DATA in other EU countries, the express prior written agreement of ROTHENBERGER is required.

(2) The granting of the right of use described above does not give the LICENCE USER any other rights with regard to the DATA furnished.

(3) ROTHENBERGER will make the logo and product images available to the LICENCE USER in electronic form, basically as a JPEG, EPS or TIFF file. Should the LICENCE USER require the logo or product images in another form of file, this must be agreed separately with ROTHENBERGER.

§ 2 Purpose

(1) The transfer of DATA is solely for the purpose described below:

a) legitimate advertising on behalf of ROTHENBERGER and ROTHENBERGER products by integration of the DATA on the LICENCE USER's website by the LICENCE USER.

b) legitimate advertising on behalf of ROTHENBERGER and ROTHENBERGER products by integration of the DATA in print media by the LICENCE USER.

c) legitimate advertising of the provision of services, e.g. in the area of consultancy, production of advertising and sales materials, creation of websites, the provision of other services on behalf of ROTHENBERGER.

(2) Should the LICENCE USER aspire to any other use of the logo or trademark, he must agree this in writing with ROTHENBERGER in advance.

(3) Prior to any publication of the use, the LICENCE USER undertakes to submit the specific form of use to ROTHENBERGER and to adjust it accordingly.

§ 3 Limits on the use

(1) It is not permitted to use the DATA in an anticompetitive or otherwise unlawful form or way, especially if the use of the DATA is capable of causing deception or being used for anti-competitive or otherwise unlawful purposes.

(2) The LICENCE USER is not entitled to use the DATA or the trademark in a form that differs from the predetermined and registered form that was made available to him. He is, in particular, not entitled to undertake graphical changes, to alter the proportions of the individual DATA components to each other or to change the colour composition of the DATA.

(3) If, in a particular case, a multicolour display is technically not possible or is not usual because of the medium used, the LICENCE USER agrees to a blackand-white presentation.

(4) What is also not permitted is the use of the DATA for information about or the promotion of the products or services of ROTHENBERGER 's competitors.

(5) Any use for disparaging criticism, insult or for the purpose of amusement with regard to ROTHENBERGER or ROTHENBERGER 's products as well as for the purpose of legal action against ROTHENBERGER is not permitted.

(6) The production of copies or reproductions of the DATA or items ceded for one's own archiving purposes or the electronic or digital storage of DATA for one's own archiving purposes is prohibited.

(7) Any editing, in particular the changing of images by copying, photographic reproduction or other alteration by photomechanical or digital means, is strictly prohibited. The only exception is the reduction and enlargement of the images.

(8) The transmission of DATA to third parties is prohibited. It may only be carried out for the purpose of the reproduction of printed materials, print or promotional materials or press products to the printing company, provided that this company undertakes to respect the confidentiality of the DATA or the licensed trademark provided.

(9) For the purposes of this Agreement, the use of ROTHENBERGER's DATA by the LICENCE USER in a form that differs from the registered form reproduced above shall not be deemed to be not a permitted use form in terms of this Agreement even if the deviation does not change the distinctive character of the DATA or the trademark(s).

§ 4 Termination of contract, ending of the right of use

(1) This use permit or transfer of use will be granted for a limited period and ends:

a) upon the end of its useful life in accordance with § 1 paragraph 1, without any need for termination

b) upon the termination of the customer status

c) by means of due notice, which is possible with a period of 4 weeks,

d) by means of extraordinary termination in accordance with paragraph 2 of this § 4.

(2) The use of the DATA may be terminated for cause by ROTHENBERGER at any time if the LICENCE USER breaches one of his obligations assumed in these GTC. An extraordinary notice of cancellation due to the special significance and importance of the trademark name for ROTHENBERGER is legitimate and valid without any prior notice or the setting of a deadline by which the infringement should be eliminated.

(3) The parties to the contract also have, at all times, the right of extraordinary termination of the licence in analogous application of § 626 BGB (German Civil Code).

(4) Termination must be in writing for it to be valid.

(5) Upon termination of the use agreement, for whatever reason, the right of the LICENCE USER to use the DATA or trade mark(s) of ROTHENBERGER expires.

§ 5 Use that is abusive and not contract-compliant

(1) In the event that the LICENCE USER uses the DATA surrendered to him by ROTHENBERGER in violation of the restrictions enumerated in § 3, and the LICENCE USER does not respond immediately to ROTHENBERGER 's demand to eliminate the unauthorized state, or if the LICENCE USER repeatedly uses the DATA in a way that is in violation of the contract, ROTHENBERGER is entitled, at its reasonably exercised discretion pursuant to § 315 BGB, to demand a fixed penalty for each violation.

(2) The plea of the continuation of an offence is excluded.

(3) If ROTHENBERGER should incur demonstrably higher damage by dint of improper use, ROTHENBERGER has the right to assert this claim, offsetting any possible fine for breach of contract.

§ 6 Return & deletion obligations

(1) The data, files, etc. ceded to the LICENCE USER by ROTHENBERGER must be returned to ROTHENBERGER or deleted at any time and immediately upon request, after accomplishment of the intended use or in the case of termination of the contract. The emergence of any right of retention is excluded.

(2) The LICENCE USER agrees to immediately surrender to ROTHENBERGER written confirmation of the complete deletion of the data provided or the data generated by the LICENCE USER. The LICENCE USER is liable for the accuracy of the information provided in this confirmation.

§ 6 Return & deletion obligations

(1) The data, files, etc. ceded to the LICENCE USER by ROTHENBERGER must be returned to ROTHENBERGER or deleted at any time and immediately upon request, after accomplishment of the intended use or in the case of termination of the contract. The emergence of any right of retention is excluded.

(2) The LICENCE USER agrees to immediately surrender to ROTHENBERGER written confirmation of the complete deletion of the data provided or the data generated by the LICENCE USER. The LICENCE USER is liable for the accuracy of the information provided in this confirmation.

§ 7 Source disclosure requirements; documentation requirements

(1) When using pictures, ROTHENBERGER must be stated as the source.

(2) With any use of the DATA, a specimen copy or a printed copy of any publications online must be sent immediately to ROTHENBERGER.

§ 8 Liability

(1) ROTHENBERGER assumes no responsibility for the continued existence of the trademark. Moreover, ROTHENBERGER is free at any time, to remove products from the program, without giving prior notice, even if their images are still present in the image database.

(2) ROTHENBERGER assumes no liability that with compliance with the obligations of the LICENCE USER assumed in this Agreement, violations of legal or contractual obligations of the LICENCE USER against third parties as well as the utilisation of the LICENCE USER by a third party because of such violations are excluded.

(3) ROTHENBERGER shall not advise the LICENCE USER on questions regarding the admissibility of the advertising. The LICENCE USER himself is responsible for the integrity of his advertising.

(4) The LICENCE USER agrees, inter partes, to exempt ROTHENBERGER from all claims by third parties that they – for whatever legal reasons – assert owing to the use of the DATA or trademark(s) or to compensate ROTHENBERGER for such.

§ 9 Other provisions

(1) Any transfer of this licence to any successors in title and affiliates of the LICENCE USER and the granting of sub-licences are excluded.

(2) German law applies to these terms of use and for the use of the licensed DATA or objects. The court of jurisdiction with surrender to merchants shall be Frankfurt am Main. ROTHENBERGER reserves the right to use other courts of jurisdiction should this be necessary for well-founded legal reasons.

(3) Deviating agreements must be in writing. The waiver of the written form requirement also requires the written form.

§ 10 Severability clause

Should individual provisions of these GTC be or become completely or partially void or invalid, this will have no bearing on the validity of the remaining provisions. The parties undertake to replace the invalid provision with a provision that comes as close as possible to their economic objective.

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