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General License Conditions for Images for BahnGalerie

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License Agreement

For persons, business companies or institutions in or outside the Federal Republic of Germany apply the folloing license conditions.

Subject of including these business and license conditions are the photos/images placed at your disposal by bahngalerie.de - c/o Detlef Klein, Saalburgring 30, 63110 Rodgau inclusive of the agreed user rights.

Refusual of including these business conditions in the business agreement is only possible by immediate contradiction and return of all images of BahnGalerie within 48 hours. In case of refusal of these business conditions it is strictly forbitten to use the photos/images of BahnGalerie.


Extent of License

The photos/images may be used for private and layout purposes without license. The copyright remains with BahnGalerie.

For all other purposes apply the following conditions:
BahnGalerie sells the agreed photomaterial on a suitable image carrier or as digital images.
For use of photos/images from BahnGalerie you always have to pay a fee. Permission for use is only acquired after paying the fee. The fee is to be agreed upon before use.

Only rights to use the photos/images from BahnGalerie as agreed can be granted for a temporary period of time. Owner's rights are definitely not granted. Use means any form of using the photos/images or parts of them for reproduction or display.

The photos/images may be used during the agreed time period as part of:

  • 1. Material for non commercial use, like presentation or samples as well as layouts.

  • 2. Advertisements and sales probaganda (including product wrappings, book covers and wrappings)

  • 3. Movies, videos and TV-shows

  • 4. Electonic media (including www-pages and CD-Roms)

  • 5. Print media

    The photos/images may be used as integrated part of a www-page or another medium, but is not allowed for downloading. The same applies in connection with customers receiving copies of the photos/images as a integrated part of their (working) produkts. The photos/images are not allowed for use without the product itself, i.e. it is not allowed to use the photos/images without the respective product. Should your costumer intend to use the photos/images separatly without your product, then your customer has to get a license himself for the photos/images for his separate use.

    A copy of the photos/images and the software may only be made for safety reasons and may only be used in case of original photos/images was damaged, destroyed or in any other way lost irreparably.

    Explicitly excluded is a license for user who want to use one or more photos/images in the same kind that BahnGalerie does, i.e. competition to BahnGalerie. This means that photo/image-archives, photo/image-databases and agencies are not allowed to use or market the photos/images, exept they have been authorized to do so by BahnGalerie.

    One or several photos/images may not be used for a sales product if they constitute the main value of the product. This refers to "photo/images products", which means art products, calenders, picture books, greeting and other postcards. In case you plan to use a photo/image as main component of a product you want to sell, then you have to get a special license from BahnGalerie.

    The photo material as well as the digital material are not allowed to be let or copied for third persons. Transfering user rights to third persons is prohibited.

    Technical changes of the photo/image material i.e. by photo composing, enlarging, diminishing, making cuts, changing colors, are allowed to the extent that the essence of the photo is not touched which would make the original contents of the photo no longer identifyable. That means that changes of photos/images, especially concerning persons, are not allowed which give the apperance of the photographed person a bad image and/or a negative meaning.

    If the license user photo/image material at other times than agreed upon or without having user rights from BahnGalerie to that certain extent, BahnGalerie has the right to claim five times the agreed fee, as well as further compensation for demages. Liable for compensation is the damager alone.

    All cases of publication of photos/images of BahnGalerie the license must mark as follows: (photo/s: www.bahngalerie.de / Detlef Klein). Of printed or comparable products BahnGalerie asks for two specimen copy to be sent.


  • Warranty and Liability

    The licensee has to test the photo/image material sent to his disposal by BahnGalerie and object within 8 days. Does he not object within this period then the contract is valid even without an explicit answer of the licensee. BahnGalerie corrects possible shortcommings/defects within the agreed using time by sending a replacement.

    Claims against BahnGalerie are on principle excluded, exept BahnGalerie acted negligently on purpose, or the claim results from missing of a promised quality. The liability is limited to the amount paid for the photo/image material by the licensee.

    Expectly excluded is warranty with respect to loss of production, shut down of works or machines, useless material and other indirect damages as far as these damages have not been iniciated by BahnGalerie on purpose or negligently.

    User right granted by BahnGalerie does not include the assurance that photographed persons or owner of rights on pictured works/items agreed to publication of the photos/images. Getting the consent of third persons or the authorization for publication from museums, collections, etc. is the task of the lisensee, unless BahnGalerie assures expressly to have the necessary consent or authorization.
    BahnGalerie is not liable for the way its photos/images are being used. The licensee is responsible to use them in a way that no personality rights, copyrights or any other rights of third parties are being offended .


    Time of Agreement (Contract) and General Regulations

    With the end of this agreement the licensee agrees to stop using the photo/image material as well as to destroy the digital material including all copies, parts of copies and modifications thereof.

    All rights on the photo/image material are owned by BahnGalerie and are protected by the copyrights of the Federal Republic of Germany, the international contract regulations as well as other applicable regulations. BahnGalerie reserves all rights that have not been granted in writing in this agreement. Should parts of this agreement be invallid then this has no effect on the rest of this agreement. This agreement is subject to german Right.


    DATA-INFORMATIONS

    Technical Data

    Typ

    Format

    Size ca.

    Size ca. entpackt

    Format

    Einsatzgebiete

    Layout-Images

    72 dpi

    280 x 180 Pixel

    150 KB

    JPEG RGB

    Layout

    Standard-Image

    72 dpi

    600 x 400 Pixel

    0,7 MB

    JPEG RGB

    Web

    Standard-Image

    12x18cm, 300 dpi

    2100 x 1400 Pixel

    8,5 MB

    JPEG RGB

    Print until ca. 125%, Web

    Standard-Image

    27x17cm, 300 dpi

    3200 x 2000 Pixel

    18 MB

    JPEG RGB

    Print until ca. 125%, Web

    Tiff-Image

    33x22mm, 4000 dpi

    5300 x 3500 Pixel

    55 MB

    Tiff RGB

    Print until ca. 125%, Web




    PHOTO/IMAGE LICENSE AND -FEES

    Typ

    Format ca.

    Use

    Fee onetime

    Fee/year

    Standard-Image

    72 dpi

    Web

    -/- €

    60 €

    Standard-Image

    12x18 cm, 300 dpi

    Print, Web

    80 €

    300 €

    Standard-Image

    17x27 cm, 300 dpi

    Print, Web

    100 €

    350 €

    Tiff-Image

    22x34 mm, 4000 dpi

    Print, Web

    120 €

    500 €

    Dia-Positiv (Copy)

    KB

    Print, Web

    130 €

    600 €



    Add ONS

    Admitment of national exclusive rights:        + 100%
    Admitment of international exclusive rights: + 200%

    MATERIAL OVERHAEDS

    CD-ROM: 10.00 €
    Slide (Copy of): 10.00 €
    + Postversand Deutschland 7.50 € (1 - 3 Tage)
    + Express Aufschlag national (nur innerhalb Deutschlands) 7.50 €(1 Tag)
    + International Expenses
    Stand: 01. Januar 2012

     

     

    Bahngalerie Detlef Klein

    Saalburgring 30

    63110 Rodgau

    Federal Republic of Germany

    Tel.: +49 (0)6106 22025

    Fax: +49 (0)32-226268870

    mail: info@bahngalerie.de

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