1. Preamble

 

1.1 The present agreement regulates the conditions under which customers may use the content provided by Screencraft Entertainment GmbH (hereinafter "Screencraft Entertainment"), for example videos and films.

 

1.2 The Customer License Agreement applies in addition to the Terms of Use of the website

that all customers and creators have entered into. In the event of any contradictions between the Customer License Agreement and the Terms of Use, the provisions of this customer license agreement shall apply.

 

2. License

 

2.1 Screencraft Entertainment grants the customer a non-exclusive license, perpetual in time and place, to use the content for the permitted purposes in accordance with the following provisions.

 

2.2 All other rights to and in relation to the content, including all copyrights, remain with Screencraft Entertainment or the author of the content.

 

2.3 Circulation:

(.1) The license is generally non-transferrable.

(.2) Exception: The right to use the content may only be transferred to a single third party if the transfer takes place as part of the execution of a customer project, e.g. by a film production to its client. Multiple use in projects for different clients is not permitted. In this case, for any additional use an additional license must be purchased for each additional customer and/or project.

 

2.4 Purpose of use:

The transfer of the rights of use extends to

a) the right of reproduction and distribution, i.e. the right to reproduce and distribute or let a third party reproduce and distribute the content within the scope of the specified types of use - including other image/sound/data storage media than those originally used.

b) the online and streaming right, i.e. the right to view the content by means of digital, analogue or

other storage or remote data transmission technology, with or without intermediate storage, wirelessly or by cable.

c) the broadcasting right, i.e. the right to broadcast the content as often as you like in all technical processes (e.g. digital, analog, high-definition, including DVB-T, -C, -S and -H) through sound and television broadcasting, etc. or similar technical facilities and make it accessible to the public, regardless of whether the transmission is by means of terrestrial radio systems, cable television (also via the telephone network) including cable retransmission, satellites including direct satellites (DBS), other data or telephone lines or networks such as ISDN, DSL, GSM, UMTS, etc., other technical equipment or by means of a combination of transmission paths.

d) the videogram rights, i.e. the right to exploit the content by duplicating and distributing it on image/sound/data carriers of any kind. The videogram rights include in particular all storage media (image/sound carriers) of all kinds (USB stick, hard drive, etc.).

e) Theatrical rights (performance rights/cinema rights), i.e. the right to present the content through public screenings - including live - in film theatres and other suitable locations (e.g. in hotels, schools, vehicles, trains, airplanes, etc. or in public places such as train stations and airports, etc.). The screening can be carried out using all suitable methods/techniques for a fee or free of charge and in all formats on image/sound/data carriers of all kinds.

f) the right to use clips, i.e. the right to use the content unchanged, edited, redesigned or further developed, including the original film music or the original film sound as often as you like, for a fee or free of charge, in excerpts in all media.

g) trade fair rights, i.e. the right to publicly present or evaluate the content in whole or in part, processed, redesigned or further developed at trade fairs, sales events and similar.

h) the printing right, i.e. the right to use the content or content from it, for duplication and distribution of illustrated or non-illustrated books and other printed works.

i) the editing right, i.e. the right to edit or redesign the image material using any image editing method while respecting the moral rights of the author (e.g. colour correction, editing)

 

3. Unauthorized Use

The content may not be used

(1) for pornographic, sexist, defamatory, slanderous and racist content, or content that is harmful to minorities or religion;

(2) as a trademark, design, logo, or corporate identifier or as part thereof;

(3) for any unauthorized communication activity, whether direct or indirect (e.g. spamming);

(4) for any other unauthorized activity.

 

4. Transfer of Usage Rights

 

4.1 The rights of use are transferred at the time the order process is completed.

 

4.2 This transfer is subject to the resolutory condition that the license fee owed is paid within the payment period stated on the invoice. The relevant time for compliance with the payment deadline is the receipt of payment to Screencraft Entertainment. 

 

4.3 In the event of late payment, the rights of use revert to Screencraft Entertainment. The customer's obligation to pay remains unaffected. Upon payment, the rights of use are granted retrospectively from the time of the first transfer.

 

5. License Fee

 

5.1 The fee is due for payment at the time of payment stated on the invoice. When paying by credit card, it will be charged at the time the order is completed.

 

5.2 If the customer does not publish or use the content(s), Screencraft Entertainment is not obliged to take back or refund the license fee.

 

6. Limited Assurances and Warranties

 

6.1 The customer is responsible for obtaining the necessary permissions for the respective use of the content, if not available. This applies in particular to images of people, works of art or architecture, places that are not open to the public, as well as other images containing names, companies, brands, registered designs or works protected by copyright (§2 UrhG) or other third-party property rights.

 

6.2 Unless the existence of a property release is indicated in the data relating to the content on the website, the rights of use are granted without a property release. The customer is responsible for obtaining all necessary releases (for example, in addition to a property release, a release with regard to any existing property rights, see 6.3). However, Screencraft Entertainment is willing to assist the customer

in obtaining such clearances (for a flat fee).

 

6.3 Screencraft Entertainment does not have any releases/permissions from manufacturers of commercial products (e.g. automobiles, airplanes, etc.). However, clearances are often available on a case basis. It is solely the customer's responsibility to determine whether permission from the intellectual property right holder is required in connection with a corresponding use of the content. The customer is responsible for obtaining all necessary approvals. However, Screencraft Entertainment is willing to assist the customer to obtain such clearances (for a flat fee).

 

6.4 Notwithstanding the above, Screencraft Entertainment has no obligation to this collaboration, nor does Screencraft Entertainment owe any success.

 

6.5 The liability of Screencraft Entertainment and the liability of its vicarious agents for contractual breaches of duty are limited to intent and gross negligence. 

In principle, the statutory right to liability for defects applies.

 

6.6 Liability for the breach of cardinal obligations is limited to the foreseeable, typically occurring damage.

 

7. Final Provisions

 

7.1 For customers who are merchants, legal entities under public law or special funds under public law, the exclusive place of jurisdiction is Munich.

 

7.2 This contract is exclusively subject to the substantive law of the Federal Republic of Germany, excluding the conflict of laws and UN sales law.

 

7.3 Should individual clauses be ineffective this shall not affect the effectiveness of the remaining clauses.

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