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HDR Sets Licensing Agreement

This agreement defines the terms and conditions between „HDR Sets“ and the user regarding the usage of contents provided by „HDR Sets“. Please read this agreement accurately before you start downloading any contents. If the user („you“) executes an ordering, it is a legally binding agreement between the user („you“) and „HDR Sets“ about the following licensing agreement. You also agree to this licensing agreement by just using any of the contents that we provide on our website.

 

§ 1. Definitions and Inclusions of this Licensing Agreement

„Agreement“ means this content and licensing agreement.

„Content“ means any element of images, film, digital video, any visual representation or file, including background images and HDR-images, being produced optical, electrical, digital or by any other method, without restriction to negative images, slides, copies or prints of the original digital files. It also means any other medium or material downloaded by the user or purchased goods from our website together with any accompanying material.

„Allowed Usage“ means the allowed usage of the contents as described in § 4.

„User“ means any person who downloads or uses contents from the website.

„Website“ means any domains of „HDR Sets“ and any subdomains of these domains.

 

§ 2. Proprietary Rights

The contents of this website is protected by copyright and international design law. The name „HDR Sets“ is secured by trademark act and § 12 BGB. Any usage is only allowed in consideration of the following conditions and regulations by law.

 

§ 3. License

§ 3.1 „HDR Sets“ grants the permission to the user to use the content solely according to the conditions of this agreement and therefore charges a license fee for a non exclusive but temporally and regionally unlimited license.

§ 3.2 You are only allowed to use the content for the advertising and specified purposes as stated below. Any usage of the content, that is not allowed, results in a violation of the intellectual property as well as a violation of this agreement.

§ 3.3 According to the license in § 3.1, the user accepts the following conditions.

§ 3.3.1 The license is exclusively given to a single user. The user is allowed to download the purchased content three times.

§ 3.3.2 A transmission to a third party and misusage of the content or the license is forbidden.

§ 3.3.3 The user is only allowed to install the content on a single workstation, with the exceptions described in § 3.3.4 and § 3.3.6.

§ 3.3.4 The user is allowed to transfer the content and his archive physically from one workstation to another. In this case, the user has to remove the content from the original workstation.

§ 3.3.5 „With the ordering of the product “Non Commercial Access”, a permanent access to the contained HDR Sets is created. This access is unlocked for the user after receipt of payment. After the access has been unlocked, the user can download each contained HDR Set three times. If there are new HDR Sets or updates of existing HDR Sets released, those are added without additional costs. The release of new HDR Sets or updates of existing HDR Sets is optional and is not granted to the user. All HDR Sets that are contained in the „Non Commercial Access“ are delivered in reduced resolution (Backplates in 1920 x 1280 pixel, Environments in 6000 x 3000 pixel). The allowed usage for any of the HDR Sets that the user receives with the „Non Commercial Access“ is restricted to non-commercial purposes only. The HDR Sets reserves the right to terminate this service at any time.“

§ 3.3.6 „With the ordering of the product “Look Development Access”, a permanent access to the contained HDR Sets is created. This access is unlocked for the user after receipt of payment. After the access has been unlocked, the user can download each contained HDR Set three times. If there are new HDR Sets or updates of existing HDR Sets released, those are added without additional costs. The release of new HDR Sets or updates of existing HDR Sets is optional and is not granted to the user. All HDR Sets that are contained in the „Look Development Access“ are delivered in reduced resolution (Backplates in 1920 x 1280 pixel, Environments in 6000 x 3000 pixel). HDR Sets reserves the right to terminate this service at any time.“

§ 3.3.7 „With the ordering of the product “Master Access”, a permanent access to the contained HDR Sets is created. This access is unlocked for the user after receipt of payment. After the access has been unlocked, the user can download each contained HDR Set three times. If there are new HDR Sets or updates of existing HDR Sets released, those are added without additional costs. The release of new HDR Sets or updates of existing HDR Sets is optional and is not granted to the user. HDR Sets reserves the right to terminate this service at any time.“

§ 3.3.8 You are solely allowed to make one (1) copy of the contents, solely with the purpose of a backup copy.

§ 3.4 If the user violates one or multiple paragraphs of this agreement, „HDR Sets“ is able to sue for damage compensation.

 

§ 4. Allowed Usage

§ 4.1 The user is allowed to use the content for the following purpose.

§ 4.1.1 Advertisement

§ 4.1.2 Education

§ 4.1.3 Entertainment applications like books and book covers, magazines, newspapers, lectorates, handouts, videos, broadcastings and applicatons for theaters.

§ 4.1.4 The user is allowed to manipulate and change the content for his own purpose.

 

§ 5. License Prohibition

§ 5.1 The user is not allowed to:

§ 5.1.1 transfer this license or grant sub-licenses.

§ 5.1.2 provide access to the content except for the allowed usage as stated in § 4.

§ 5.1.3 provide access to the content to other users by uploading a copy to a web-server.

§ 5.1.4 present himself as being the original creator, owner or exclusive licensee of the content.

§ 5.1.5 rebuild, reverse engineer, decompile or disassemble any part of the content.

§ 5.1.6 make use of any part of the content in a way that might result in discrediting „HDR Sets“.

§ 5.1.7 make use of any part of the content to create content that may be harmful to others, pornographic, defamatory, abusive or in any other way against the law.

§ 5.1.8 store the content or allow a third party to use the content, except for what is stated in § 4.

§ 5.1.9 use or show the content in any electronic format that is downloadable or distributable with any mobile device or which provides access by any kind of peer-to-peer or similar system.

§ 5.1.10 to show or provide the content in a gallery or in a library format which enables any third party to copy or store the contents, or violate the intellectual property in any other way.

§ 5.1.11 use the content as main motive in any publication, be it electronic or physical. All content has to be used as background motives into which the main motive is to be inserted.

§ 5.1.12 use automated programs, applications, bots or anything near it to access the website, to receive (download) files or to catalog or cache content.

§ 5.1.13 to remove copyright information that is integrated into the content

 

§ 6. Limitation of Liability

§ 6.1. „HDR Sets“ makes every effort to check the rights of any third party regarding the content.

§ 6.2 „HDR Sets“ is only responsible for direct or indirect secondary damage that may affect the user through third party claims, if those third party rights where harmed by intention or negligence.

§ 6.3 The liability according to § 6.2 is limited to the price paid for the license.

 

§ 7. Expiration of the license and termination

§ 7.1 The granted license according to § 3 is temporal unlimited. As long as the user makes use of the content, this agreement is in force.

§ 7.2 The license expires automatically, if the user violates § 4 or§ 5. In this case, the user has to

a) stop using the contents for any purpose.

b) destroy any of his copies and archives of the content and confirm to „HDR Sets“ in written form, that he has executed this requirement.

 

§ 8. User’s Responsibilitys

§ 8.1 The user is bearing the risk of incompatibility. The user is responsible of being able to receive and uncompress digital products. He is responsible to make sure that his software is able to open and use the multitude of formats that he bought. There is no refunding of the license fee in this case.

§ 8.2 We reserve the rights to constantly update our website. This may cause temporary interceptions in accessing the website.

§ 8.3 The user is responsible to take any sales taxes and duties in conjunction with the licensing or the usage of our contents, that are not included in the German invoice processing.

 

§ 9. Delivery

After receipt of payment, the user gets access (this may take up to 24 hours) to the full resolution images and content in different formats by a download connection on the website.

 

§10. Ordering Process

§10.1 To place an order, the user has to create an account and needs to be logged in while ordering.

§10.2 The user has to provide his billing address

§10.3 Payment options:

a) Paypal:

After completing the order process, the user is directed to www.paypal.com to login at paypal and to confirm the order. After confirming the order, the user is directed back to www.hdr-sets.com.

b) Direct Bank Transfer:

After confirming the order, the user has to manually transfer the invoice amount to HDR Sets.

§10.4 The user can now read the general terms & conditions as well as details on his right of rescission and needs to accept both for finishing the order.

§10.5 At this point the user can review the content of his shopping cart as well as his ordering details. The user confirms the content by completing the order.

§10.6 After completing the order, the contract of purchase is executed immediately and the user receives both order confirmation and invoice as email.

§10.7 The user can always access and print out his invoice within his account.

 

§ 11 Right of Rescission

§ 11.1 The contract of purchase is executed immediately after finishing the order and the right of rescission expires.

§ 11.2 During the ordering process, the customer explicitly confirms to be informed about § 11.1

 

§ 12. Other

§ 12.1 The German law is in force, excluding international regulations like the CISG. The place of execution for any activity which is result of the business connection between the user and „HDR Sets“ as well as the place of jurisdiction is the vendor’s place, Weilheim in Upper Bavaria, Germany, in case the client is not consumer but businessman.

§ 12.2 Any content of any website of „HDR Sets“ like texts, graphics, logos, button-icons, images, audio, videos, films, digital downloads, data compilations and software is legally protected as intellectual property of „HDR Sets“ and shall not be used without agreement of „HDR Sets“.

§ 12.3 Legally binding is solely the German version of this licensing agreement. Any translation into other languages (including this English version) only serves for informal purposes and is not legally binding.

 

§ 13. Severability Clause

The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by the valid and enforceable provision that comes closest to the original purpose of that invalid provision. If the agreement turns out to be incomplete, the provisions count as arranged which correspond to the spirit and purpose of the arrangement and would have been arranged in case of consideration.

 

§ 14. Requirement of Written Form

Changes to this arrangement require the written form. This also applies to the abolishment of this requirement of written form.

 

Contact

If you have any questions regarding this agreement, please contact us by email:

lib@hdr-sets.com

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.