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§ 1 Subject of Use
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These terms of use ("Agreement") govern the relationship between
OM Digital Solutions GmbH and its affiliated companies ("OMDS")
and the user of the pictures and any other material ("Material")
provided in the OM Digital Solutions Media Asset Management (MAM) system.
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§ 2 License
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| (1) |
"The Material shall exclusively
be used by resellers and by agencies who have explicitly been authorized by
OMDS to market and advertise Olympus products, and by the public press ("Authorized
Partner"). Any use by other parties is strictly prohibited.
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| (2) |
Subject to the specific copyright
limitations described in § 2 (4), OMDS grants the Authorized Partner a non-exclusive
license that can be revoked at any time for the use of the Material within the
context of marketing and advertising and/or press coverage for original Olympus
products in all advertising media, information materials, publications, online
marketplaces, websites and press texts. Any use of the Material that extends
beyond this scope is strictly prohibited.
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| (3) |
For the avoidance of doubt, the
Material shall, in particular, not be used for the promotion or sale of counterfeit
Olympus products or Olympus products that have been sourced from other
suppliers than OMDS.
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| (4) |
The Material is subject to specific copyright
limitations. Special care must be taken by the Authorized Partner that it shall
only be used in the media channels and in the territory for which it has been approved
and if the right of use has not expired yet. These limitations can be found in
the Digital Rights Management section of each asset information. For parts of
the Material, this information can also be found in the file properties which
can be accessed either by file management software or by graphics software.
However, OMDS does not assume any liability that this information is part of all
files. Where this information is not contained in the file itself, it can be
looked up by searching for the file in the OM Digital Solutions Media Asset Management (MAM)
system. If a file cannot be found in the database, the right of use has already
expired and the specific asset must not be used any longer
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| (5) |
The license cannot be transferred to
a third party, and does not entitle the Authorized Partner to sublicense to
others.
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| (6) |
The Authorized Partner may only use
the Material in the form as it has been provided provided by OMDS. Any
deviation, no matter how minor, requires prior written consent by OMDS.
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§ 3 Liability, indemnity
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| (1) |
OMDS accepts no liability for the
infringement of third party rights by the use of the Material. OMDS does,
however, assure that it is not aware of any infringement of third party rights caused
by the use of the Material.
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| (2) |
The Authorized Partner shall be liable
for any claims resulting from the use of the Material, particularly such use
that is not in line with the specific copyright limitations described in § 2 (4).
The Authorized Partner is, internally between the parties, obliged to release
OMDS from any third party claim associated with such use.
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§ 4 Term
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| (1) |
OMDS party may terminate this Agreement
at any time without cause.
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| (2) |
This Agreement shall end at the
latest without notice of termination being required when the business
cooperation between OMDS and the Authorized Partner ends.
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§ 5 Wind-up following termination
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| (1) |
When this Agreement ends, so do all
rights of the Authorized Partner to use the Material. A grace period of three
months from the end of this Agreement term is hereby granted for the use of
media that include the Material proven to already have been produced at this
time.
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| (2) |
In the event that the Authorized
Partner has acquired copyrights or rights of use pertaining to copyrighted
material arising from its use of the Material, the supplier shall transfer
these rights to OMDS at the end of this Agreement. OMDS shall accept the
transfer.
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§ 6 Severability clause
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If a
provision of this Agreement is or becomes wholly or partly void or invalid,
that shall not affect the validity of the other provisions of this Agreement.
In place of the invalid provision, a reasonable provision shall apply which
best approximates to what the parties would have intended had they considered
this issue when they concluded this Agreement.
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§ 7 Place of jurisdiction and applicable law
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The
exclusive place of jurisdiction for all disputes arising from or in connection with
this Agreement is Hamburg. This Agreement is exclusively subject to German law
excluding the provisions regarding conflict of laws and CISG.
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The
European Commission provides for an out-of-court settlement procedure: the Online Dispute Resolution.
The competent bodies are listed on the site: http://ec.europa.eu/consumers/odr/
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Information
according to Section 36 of the German Consumer Dispute Resolution Act (VBSG):
We are neither willing nor obligated to participate in a dispute settlement before a consumer arbitration body.
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| For further inquiries contact marketing-services@om-digitalsolutions.com
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| 04 January 2021
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