Agreement on the Use of Image Data
By downloading image data of SWISS KRONO TEX GmbH & Co. KG (hereinafter “SWISS KRONO TEX”), you conclude the following Agreement:
§ 1 Introduction/Subject of the Agreement
(1) SWISS KRONO TEX is one of the leading manufacturers of laminate flooring and accessories, and sells its products via various channels.
(2) So that licensed SWISS KRONO TEX dealers can optimally advertise and sell SWISS KRONO TEX products, and so that journalists can appropriately report on SWISS KRONO TEX products, SWISS KRONO TEX makes available digital images of SWISS KRONO TEX products (hereinafter “image data”) to these licensed dealers and journalists (hereinafter “users”) free of charge.
(3) This Agreement establishes terms and conditions for the use of such image data from SWISS KRONO TEX. These image data are not made available on an exclusive basis to any given user.
§ 2 Use of the Image Data
(1) It is not permitted to alter or distort the provided image data in any way.
(2) It is forbidden to use the provided image data in any context other than that of SWISS KRONO TEX and SWISS KRONO TEX products.
(3) The user is allowed to show said image data on the user’s commercial website, in ads, catalogues and pamphlets, on posters and leaflets, and in press articles in connection with SWISS KRONO TEX and/or SWISS KRONO TEX products.
(4) It is not allowed under any circumstances to pass on image data to third parties.
(5) SWISS KRONO TEX reserves the right to verify compliance with this Agreement at any time and to request that the user provides proof of compliance.
(6) No other rights of use beyond those mentioned above are granted.
§ 3 Contractual Penalties
(1) As the user receives image data from SWISS KRONO TEX free of charge and solely for the purpose of optimally advertising, presenting and/or depicting SWISS KRONO TEX products, the user shall pay a contractual penalty of 1,000 euros for each instance of using the image data for any purpose other than that of advertising, depicting and/or presenting SWISS KRONO TEX or SWISS KRONO TEX products as detailed in § 2, unless the user demonstrates that neither the user, nor any member of the user’s family, nor any member of the user’s staff may be held liable for breaching the terms of this Agreement. All other rights of SWISS KRONO TEX remain unaffected.
(2) The contractual penalty described in the foregoing shall count towards compensating for the damage suffered. SWISS KRONO TEX retains the right to compensation for the amount of the damage not covered by the contractual penalty.
§ 4 Claims / Costs
(1) This Agreement does not give rise to any mutual claims for the assumption of costs. Amongst other things, SWISS KRONO TEX must not assume any costs for designing, implementing or producing the user’s own advertising materials.
§ 5 Liability
(1) SWISS KRONO TEX is liable for damages, regardless of the legal grounds, and in particular arising from the violation of obligations in connection with this Agreement, if and only if it or its legal representatives or agents have acted intentionally or are culpable of gross negligence or if the violated obligation is essential for achieving the purpose of this Agreement (ie, is a material obligation). The term “material obligation” is used either to refer to any concretely described breach of an essential obligation which endangers the achievement of an agreement’s purpose or abstractly to indicate an obligation that must be met to enable proper fulfilment of an agreement and on which the other party to the agreement must normally be able to depend. In the event of a mildly negligent breach of a material obligation, the liability of SWISS KRONO TEX is limited to compensating for foreseeable damages typical of such an agreement. Liability may not be excluded or limited in cases in which SWISS KRONO TEX is strictly liable, such as for death, injury or harm to health.
§ 6 Term and Termination
(1) A duration of use of 12 months is agreed, beginning when image data are sent or downloaded. This period is automatically extended by another 12 months unless it is terminated in writing by either of the two parties at least three (3) months prior to its elapse.
(2) However, this agreement expires no later than 24 months after the image files have been sent or downloaded.
(3) Each party’s right to terminate this Agreement with immediate effect for any important reason remains unaffected.
(4) Upon the termination of this Agreement, all rights of use also expire. At the latest one week after this Agreement ends for any reason, all provided data must be deleted. It is forbidden to store or archive the data in any way beyond the end of this Agreement.
§ 7 Ancillary Agreements / Partial Invalidity
(1) If a provision of this Agreement should be or become invalid or inexecutable, the validity of the Agreement as a whole shall not be affected. In such a case, the parties to the Agreement shall replace the provision concerned with another that approximates the legally valid, material or immaterial intention of the originally formulated provision as closely as possible.
(2) The foregoing provisions shall apply analogously to cases in which the Agreement proves to be incomplete.
§ 8 Applicable Law
(1) All legal disputes arising from or related to this Agreement shall be resolved exclusively under the law of the Federal Republic of Germany.
(2) The legal venue shall be the court of law at the site of SWISS KRONO TEX which is competent to settle cases of this kind.
Unless you consent to this Agreement, you may not download or use image data of SWISS KRONO TEX GmbH.