License Agreement for Private Use
1. Grant of License:
The photographer, Sebastian Hertlein, located in Max-Zimmermann-Straße 5, 82319 Starnberg, Germany) grant the buyer (the “Licensee”) a non-exclusive, non-transferable, worldwide, perpetual license to use the purchased image (the “Image”) for private, non-commercial use only, subject to the terms and conditions of this Agreement.
2. Permitted Uses:
The Licensee may use the Image to create physical items for personal use, such as prints, posters, canvas prints, t-shirts, mugs, and other similar items. Modification of the Image is permitted for these purposes.
3. Prohibited Uses:
The Licensee may not:
- Use the Image for any commercial purpose, including but not limited to advertising, marketing, or promotion.
- Use the Image for any editorial purpose, including but not limited to news articles, blog posts, or publications.
- Share, distribute, resell, or sublicense the Image to any third party.
- Use the Image on any website, social media platform, or online application.
- Create derivative works from the Image other than modifications for permitted personal use.
4. Payment:
The license fee for the Image is €7.50, payable upon purchase.
5. Copyright:
The Photographer retains all copyrights to the Image. While attribution is not required for private use, the Licensee acknowledges the Photographer’s ownership of the Image.
6. Breach of Agreement:
In the event of any unauthorized use of the Image, the Photographer reserves the right to pursue legal action for copyright infringement, including but not limited to injunctive relief and monetary damages. The Licensee agrees to pay a contractual penalty of 1.000 Euro per image found in unauthorized use. The Photographer is entitled to claim further damages exceeding the contractual penalty.
7. 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 Starnberg, Germany.
8. Entire Agreement:
This Agreement constitutes the entire understanding between the parties and supersedes all prior negotiations and agreements, whether written or oral.