End user license agreement for images by Norbert Zingel from the website stock-analog.com
By downloading royalty-free images from the stock-analog website, you agree to the legal validity of the terms and conditions of this agreement. This also applies to all further deliveries or downloads and future business transactions.
1. Subject matter of the contract
Subject matter of the contract are the pictures contained on this website. The photographs are protected by copyright. Norbert Zingel is exclusively the authorized user according to § 31 paragraph 3 UrhG.
2. Right of use
2.1 With the payment of the purchase price you receive the personal, non-transferable right of use, to use the images downloaded from the Internet as often as you wish in terms of time and space in accordance with the acquired license of use (simple right of use according to § 31 para. 2 UrhG). Restriction: The photographs may not be distributed by the customer himself as a picture agency, nor may they be passed on to picture archives, picture databases or picture agencies for their commercial marketing. The transfer of image carriers to commissioned designers or advertising companies is only permitted within the framework of the advertising order for orders of the customer of the corresponding advertising order; the user must ensure that the transferred image carriers do not remain with the commissioned company, but are returned to the user. For each violation of this restriction, a contractual penalty of € 1,000 per violation shall be deemed agreed. The user shall be liable for any higher damage which is proven by Norbert Zingel.
2.2 Technical changes to the pictures, including photocomposing, enlarging, reducing, cropping or colour modifications, are permitted.
2.3 It is not permitted to distort photos with portraits of persons, which bring the persons depicted into a relationship that is defamatory, especially sex-related or pornographic; advertising for sex-related products and services (e.g. condoms, AIDS, etc.) is also not permitted. Personal portraits may also not be used in connection with these purposes or with political parties or sects or their interests. For each violation of this restriction a contractual penalty of € 1,000 per violation shall be deemed agreed. The user shall be liable for any higher damage proven by Norbert Zingel.
2.4 If the pictures are used in digital and electronic media, it must be pointed out at an appropriate place that the pictures are protected by copyright and may not be downloaded and used by third parties for commercial purposes.
2.5 It is not permitted to make copies of the CDs and the image pages.
2.6 The passing on of the image media in whole or in part to third parties is not permitted without the written consent of Norbert Zingel, except for the temporary use of an advertising order for the company’s own advertising.
3. Compensation for breach of contract
In addition to the restrictions mentioned in points 2.1 to 2.6, the user must take into account the provisions of the Copyright Act, the Act against Unfair Competition, the Trademark Act and the Design Patent Act. The user shall bear sole responsibility for any infringement of these laws through the use of the images. He shall be liable to Norbert Zingel for any damage resulting therefrom, irrespective of the agreed contractual penalty.
Our products are compiled with the greatest possible care. Norbert Zingel guarantees that the delivered goods are in perfect condition. He will replace damaged deliveries if notices of defects are made within 14 days of receipt of the delivery. The user is only entitled to a replacement delivery, unless the defect cannot be remedied by this. In the event that for copyright reasons individual pictures are to be taken from the collection, the User shall receive replacement pictures on the same subjects without the User being able to invoke errors in the overall work. Norbert Zingel does not, however, accept any liability for individual errors in content or technical faults. Norbert Zingel does not guarantee the suitability of the contractual objects for a specific purpose. In particular, he assumes no liability for costs and claims arising directly or indirectly from the use of the image files.
5. Exclusion of liability
Norbert Zingel shall not be liable for negligent breach of duty on his own part or on the part of his legal representatives or vicarious agents, with the exception of damages resulting from injury to life, body or health.
All disputes arising from the contractual relationship shall be governed exclusively by the national, substantive and procedural law of the Federal Republic of Germany. The place of jurisdiction for all disputes is Essen, Germany.