These Licensing Conditions apply to all images (“the Images”) offered by Nöstler Photography to you (“the Buyer”) at http://www.noestler.net and shop.noestler.net operated by Nöstler Photography (“the Website”).
1 Scope of the License
1.1 Upon the Buyer’s payment for the Image and conditioned upon the Buyer’s compliance with the Agreement, Nöstler Photography grants the Buyer a non-exclusive right to use the Image on the conditions and terms set out in the Agreement.
1.2 The Buyer is entitled to use the Image in its own data processing and own work. The Buyer may not sell the Image or make it accessible to third parties unless the Image is used as part of creative or editorial work made by the Buyer for third parties. Consequently, the Buyer may not sell, distribute, license, rent, lease, lend, pledge or otherwise transfer, assign or sublicense the Image to a third party for their own use – this includes, but is not limited to using the Image in online templates of any kind or other online services which gives third parties access to the Materials.
1.3 The Buyer may not use the Image in any abusive, condescending or otherwise offensive manner or context.
1.4 The Buyer may not use the Image as part of a logo, trademark or similar company characteristic.
1.5 The Image is Royalty-Free and can be licensed worldwide and there are no restrictions on the use of the Royalty-Free Image besides the conditions in the Agreement.
1.6 Royalty-Free Materials may be cropped and modified.
6.1 Prices and payment conditions are stated on the Website. All prices are exclusive of VAT.
6.2 Nöstler Photography is entitled to change its prices at all times.
3.1 No refunds can be provided and the Buyer must pay the full amount for the purchased Imagge regardless of whether the Image is downloaded or used.
3.2 If the ordered Image is defective, Nöstler Photography shall at its sole discretion, and as the Buyer’s sole remedy, either provide the Buyer with a replacement of the Image in question, or refund the Buyer the amount paid for the defective Image. The Buyer may not assert any other rights or make any other claims as a consequence of the Image being defective.
4 Intellectual Property Rights
4.1 Nöstler Photography retains all right, title and interest in the copyrights, trademarks and all other intellectual property rights to the Products and the Materials. The Buyer must respect Nöstler Photography’s or the content supplier’s rights and is liable for any infringement of these rights.
4.2 The Buyer is not granted any right in the Image except for the limited license specified in the Agreement.
4.3 The Buyer is not entitled to break or change any security codes, change or remove any notice on copyright, trademarks or any other rights marked on or in connection with the Products or the Materials.
5 Limited Warranty
5.1 Nöstler Photography warrants that it is entitled to license the Image on the Website. Nöstler Photography does not warrant that it holds licenses or has obtained rights to or approvals regarding the subject matter depicted in the Image whether this is logos, designs, architecture, furniture, persons or other matter depicted. Such subject matter may be subject to copyrights, trademarks, property rights, privacy rights or other rights of third parties, and the Buyer is solely responsible for determining whether an approval from third parties is necessary, and if so, for obtaining such approval.
5.2 If a third party objects to the Buyer’s use of the Image, the Buyer shall give written notice to Nöstler Photography immediately. In case of a legitimate objection, Nöstler Photography shall at its sole discretion and as the Buyer’s sole remedy, either provide the Buyer with a replacement of the Image in question, or terminate the Agreement against repayment of the fee already paid by the Buyer. The Buyer may not assert any other rights or make any other claims under this limited warranty.
5.3 Besides this limited warranty the Image are licensed “as is” and Nöstler Photography makes no other guarantee, expressed or implied, regarding the Image or the Website, including any warranties of merchantability or fitness for a particular purpose.
6 Limitation of Liability
6.1 Nöstler Photography shall not be liable for any damages or economic loss, including but not limited to operating loss, loss of profits, loss of data, loss of materials or any other indirect economic loss suffered as a result of use of the Image or the Website. The Buyer is aware that system failure, unavailability, omissions, delays or disturbances or hacking of the Website may occur.
6.2 Nöstler Photography shall not be liable for any loss caused by the Buyer’s use of the Image not in accordance with the Agreement or with Nöstler Photography’ instruction, negligence on the part of the Buyer or loss caused by the Buyer’s hardware, software, browser, server or internet connection.
6.3 Nöstler Photography is not liable for failure to perform its obligations under the Agreement due to force majeure. As force majeure is considered fire, war, nature catastrophes, strikes, lockouts and other disturbances beyond Nöstler Photography’s control. In case of force majeure, delivery times are postponed until delivery can take place. However, if the delay lasts more than 1 (one) month both parties are entitled to terminate the Agreement without notice and without payment of compensation or damages.
6.4 Nöstler Photography does not warrant that a certain number of Images or that certain specific Images are or will be available on the Website. Nöstler Photography therefore cannot be met with a claim if the number of Images decreases or if a certain specific Image is taken off the Website due to termination of use or discontinuation.
6.5 Nöstler Photography’s product liability is limited to the extent permitted by mandatory law.
6.6 The liability of Nöstler Photography shall always be limited to an amount equal to the fee paid by the Buyer in the year where the damage occurred and to a period of 1 (one) year from the Buyer’s last downloading of Images.
7 Personal Data
14.1 In order to provide and improve its services, Nöstler Photography will gather various data on the Buyer’s use of the Website. Such information will be gathered and stored in accordance with the Danish Personal Data Act.
14.2 The Buyer may at any time contact Nöstler Photography and get information about which data is gathered and stored about the Buyer. The Buyer may also have such data amended or deleted.
Nöstler Photography may at all times amend these Licensing Conditions. Information on amendments will be posted on the Website.
9 Choice of Law and Jurisdiction
The Copenhagen City Court shall decide any dispute between the Buyer and Nöstler Photography in accordance with Danish law.
Nöstler Photography September 2016