Commercial License Agreement

1. Grant of License:

Sebastian Hertlein, located in Max-Zimmermann-Straße 5, 82319 Starnberg, Germany (the “Photographer”) grants the Licensee a non-exclusive, transferable, worldwide license to use the Image for the following commercial purposes for a period of 12 months from the date of purchase:

  • Advertising (online, print, and broadcast)
  • Marketing materials (brochures, flyers, website banners)
  • Editorial use in commercial publications (magazines, newspapers)
  • Resale as part of another product (e.g., on a t-shirt, mug, or other physical product)

2. Restrictions:

The Licensee may not use the Image for any purpose not explicitly listed in Section 1. This includes, but is not limited to:

  • Use in pornographic, defamatory, or unlawful materials.
  • Use in a way that implies the Photographer’s endorsement of a product or service without explicit written consent.
  • Use that infringes on the intellectual property rights of any third party.

3. Modifications:

The Licensee may modify the Image (e.g., crop, resize, change colors) as needed for the permitted uses.

4. Term and Renewal:

This license is valid for 12 months from the date of purchase. Renewal may be negotiated with the Photographer.

5. Payment:

The license fee for the Image is 49,99 €, payable upon purchase.

6. Copyright:

The Photographer retains all copyrights to the Image.

7. Warranty and Indemnity:

The Photographer represents and warrants that they are the sole owner of the copyright to the Image and have the right to grant this license. The Licensee shall indemnify and hold the Photographer harmless from any claims, damages, or expenses arising out of the Licensee’s use of the Image.

8. Limitation of Liability:

The Photographer’s liability to the Licensee for any claims arising out of this Agreement shall be limited to the amount paid by the Licensee for the license.

9. Sub-licensing:

The Licensee may sublicense the Image to third parties for the permitted uses. The Licensee remains responsible for the sublicensee’s compliance with the terms of this agreement.

10. Governing Law and Jurisdiction:

This Agreement shall be governed by and construed in accordance with the laws of Germany. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts of [Your Local Court], Germany.

11. Entire Agreement:

This Agreement constitutes the entire understanding between the parties and supersedes all prior negotiations and agreements, whether written or oral.