Terms and Conditions Waldhausen GmbH & Co. KG

Waldhausen GmbH & Co. KG, Von-Hünefeld-Str. 53, 50829 Cologne, Germany (hereinafter: „ Waldhausen“) provides for an image data base in the retail section of it’s domain www.waldhausen.com (hereinafter: “Image Data Base”). Waldhausen provides for this Image Data Base free or charge as a service offer for it’s registered tradesmen only (hereinafter: „Tradesman“).

§1 Object of agreement

(1) Waldhausen permits a registered Tradesman to use images from the Image Data Base in connection with products the Tradesman purchases from Waldhausen. The required rights shall be transferred according to the present conditions.

(2) The images of this Image Data Base or the displayed objects are subject to the copy rights of the holder of rights.

§ 2 Granting of rights

(1) Waldhausen herewith grants the Tradesman the following non-exclusive rights to use the images physically and non-physically: a. The right to use the images for advertising, brochures, catalogues for all print- and digital versions without any limitation in quantity, nationally and abroad; b. The right to make available to the public, copying and distribution of the images within the website of the Tradesman.

The rights are granted to the Tradesman as responsible party and are not transferable to any third party without Waldhausen’s prior consent. The Tradesman is not entitled to to hand the images of the Image Data Base on to any third party, except for service providers, e.g. designers, print offices, advertisers etc. In particular, no rights may be transferred to the trademan’s service providers.

The rights are granted in connection with the presentation of products, the Tradesman purchases from Waldhausen. The use of images in connection with optically similar or identical products from other sources of supply is interdicted.

(2)The assignment of rights is ist territorially unlimited.

(3)The assignment of rights contains all presently known and unknown types of use, which are necessary to accomplish the purposes of the agreement.

(4)The Tradesman is entitled to use the images in connection with the works of other holders of rights or in parts.

(5)The Tradesman is obliged to quote or to publish in a list of references “Waldhausen GmbH & Co. KG“ as reference in connection with the accomplishment of this agreement. Furthermore, the Tradesman is obliged to picture the reference nearby the pictured product. When used on the trademan’s website, the trade mark of the product and/or the aforementioned reference have to be pictured close to every offered article.

§ 3 Waldhausen’s rights

(1) Waldhausen reserves the right to revoke the right to use the images completely or in parts at any time without giving any reason.

(2) The Tradesman commits itself to provide Waldhausen with all evidence regarding the use of the images on respective request.

§ 4 Liability

(1)Waldhausen ensures that Waldhausen holds the right of use regarding the images in the Image Data Base and is entitled to freely dispose of these images as far as this agreement is concerned. If Waldhausen should learn that any right of a third party should exist regarding the images contained in the Image Data Base, Waldhausen will immediately imform the Tradesman.

(2)The Trademan warrants to obtain all additionally required rights besides the right to use the images under this agreement and indemnifys Waldhausen from any and all associated claims of third parties.

§ 5 Handover and deletion obligations

(1)The Tradesman is obliged not to use images of products from the Image Data Base, which are no longer in its assortment of products.

(2)The Tradesman is further obliged to delete any and all information and contents of the services received hereunder, in particular all copies of the images. Information and contents, which are physically available have to be handed over to Waldhausen or have to be deleted on Waldhausen’s demand.

§ 6 Copy right disputes

(1) If the Tradesman should gather knowledge that third parties illegally use images of Waldhausen’s Image Data Base, the Tradesman is obliged to immediately inform Waldhausen.

(2) The Tradesman will support Waldhausen in case of copy right disputes with any third party and provide for the necessary information.

§ 7 Applicable law

(1)This agreement is exclusively governed by German law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Introductory Law to the German Civil Code do not apply.

(2)Place of jurisdiction for Tradesmen, which do not have their registered office in Germany, is Cologne, Germany.