This license agreement ("the Agreement") is a binding agreement between YOU ("the User") and AVM GmbH, Alt-Moabit 95, 10559 Berlin ("AVM"). By downloading, copying, installing, or otherwise using certain AVM "elements" or AVM "marks", you as the User agree to be bound by the following terms and conditions. If you do not agree with the following terms and conditions, please do not download, copy, install, or otherwise use AVM elements or AVM marks.
License Agreement (as of 1 June 2014)
1.1. AVM is the owner or licensor of certain copyrights and other AVM industrial property rights ("IPR") relating to the images and text material provided free of charge, including illustrations, photographs, graphics, and the associated information and documentation, such as object descriptions, copyright notices, and other licensing information ("elements"), and is also the owner or licensor of registered word marks and/or figurative marks with word elements and/or company marks ("marks").
1.2. You as a media business intend to use these elements and marks in print and online media in connection with your reporting of AVM products.
1.3. AVM retains all the rights not explicitly licensed in this Agreement.
2. License to use elements and marks
2.1. For the duration of this Agreement and subject to all IPR, AVM grants you:
• the simple, free, non-transferable right to use the elements solely in print and online media in connection with your reporting on AVM products;
• the simple, free, non-transferable right to use the marks in line with Section 24 of the German Marks Act (MarkG) in connection with your reporting on AVM products.
2.2. Further details of the terms and conditions of use can be found, for example, in image information (IPTC).
2.3. Without the prior written approval of AVM, you are not entitled to edit the marks in full or in part or otherwise alter them. All use and (to the extent permitted) alteration of the marks is to take place in strict accordance with the standards and other guidelines that AVM provides from time to time on the size, design, positioning, color, and other outward appearance of the marks. Such standards and other guidelines, e.g. the AVM Design Guidelines, will be provided to you on request. AVM reserves the right to change the standards/guidelines at any time.
3. Restrictions to the right to use elements and/or marks
You are not entitled:
3.1. to use the elements or marks without connection to your reporting on AVM products;
3.2. to edit, alter, or delete copyright notices or other references to ownership, licenses or other rights relating to IPR;
3.3. by the use of elements and/or marks (e.g. as part of your website) to give an average, knowledgeable user the misleading impression that they are using an AVM website, the website of a company affiliated with AVM or a company with especially close ties to AVM.
3.4. to make statements or by your actions or omissions to create the impression that AVM is affiliated with you in any other way than provided for by this Agreement, or that AVM is promoting you and approves or authorizes your conduct;
3.5. to make statements or by your actions or omissions to contest that AVM is the owner or licensor of the elements and/or marks;
3.6. to register, modify, or use the descriptions, names, components, marks, domain names, or labels, or to allow third parties to carry out such activities, which limit or infringe the rights of AVM to the elements and/or marks;
3.7. to assert proprietary rights against the elements and/or marks from your use of them. If necessary you will also tolerate new elements and/or marks;
3.8. to use and (to the extent permitted) to disseminate the elements and/or marks in such a way as to impair or damage the reputation or the goodwill of AVM relating to the elements and/or marks (examples, not exhaustive: pornographic or parental advisory contents or links);
3.9. to modify or deface the elements and/or marks or to combine them with other symbols, words, labels, images, designs, or other elements, unless permitted by this Agreement; or
3.10. to use the elements and/or marks after this Agreement comes to an end (clause 5).
4.1. The following provisions apply to the liability of AVM, its authorized representatives, advisors, staff or employees.
4.2. In the event of deliberate acts and gross negligence, and in all cases in which strict liability is required by law, the statutory rules on liability apply.
4.3. Notwithstanding the provisions of clause 4.2 above, Section 523 of the German Civil Code (BGB) (on liability for defects of title) and Section 524 of the German Civil Code (on liability for material defects) apply mutatis mutandis, with the proviso that AVM is only liable for deliberate acts and fraudulent misrepresentation.
4.4. In all other cases than those described in clauses 4.2 and 4.3, AVM assumes no liability.
4.5. In addition, the rules on gifts in Sections 516 et seq. BGB apply mutatis mutandis.
4.6. Your liability is not affected by the provisions of clauses 4.1 to 4.5.
4.7. If AVM is faced with claims by third parties as a result of acts or omissions for which you (including your authorized representatives, advisors, staff or employees) are responsible, you will indemnify AVM on first demand and in full against all resulting claims by these third parties and for the costs of defending and pursuing rights in connection with these claims, including lawyer’s fees at the statutory rate.
5.1. This Agreement comes into effect on the date on which you accept it by downloading, copying, installing, or otherwise using the elements and/or marks. It ends automatically one (1) year after coming into effect unless it is terminated earlier.
5.2. The licenses are granted on condition of compliance with the rules in clauses 2 and 3. If these rules are breached, the licenses granted in this Agreement lapse automatically
5.3. This does not affect termination without notice for an important reason.
5.4. Neither elements nor marks may be used, and in particular may not continue to be disseminated, once this Agreement comes to an end. All existing copies of elements and/or marks are to be returned on first demand, or their deletion or destruction confirmed.
6. Assignment/third parties
6.1. You are not entitled to assign rights or obligations under this Agreement in full or in part to third parties without prior written approval.
6.2. You undertake to transfer the Agreement to any affiliated companies, legal successors, licensees, or other third parties to the extent that AVM has permitted an assignment to them or that legal succession takes place automatically on the basis of statutory provisions.
7.1. No oral side agreements have been reached. Amendments, additions, and other side agreements to this Agreement must be in writing. This requirement for the written form may only be waived in writing.
7.2. Place of jurisdiction and performance is Berlin. AVM is nonetheless entitled to file claims with the competent court at your place of business.
7.3. The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
7.4. If any provision of this agreement should be or become invalid, in full or in part, this does not affect the validity of the remaining provisions. The invalid provision is to be replaced by the valid provision that most closely approximates the parties' economic intentions. The same applies in the event of any omissions.
The overall appearance of your website should be dominated by elements other than the AVM elements used. In particular, this means that an average, knowledgeable user of your site should not be given the misleading impression that they are using an AVM website, the website of a company affiliated with AVM, or a company with especially close ties to AVM.