User and license conditions for the use of product images originating from the eCl@ss reference image library
IW-Consult GmbH („IW-C“)“), in cooperation with eCl@ss e.V., runs and markets the eCl@ss- reference image library („Reference image library“). The reference image library contains product images i.e. product pictures („Reference images“). The reference images depict the latest version of products linked with corresponding product classes of the eCl@ss classification standard.
For illustration purposes, companies, operators of commercial and non-commercial internet portals as well as public institutions (hereafter collectively called “User”) may use reference images to depict their corresponding product offers in the internet, intranet or other commu-nication and information media.
By using the reference images, the User accepts the validity of the following user and license conditions.
1.1 Object of this contract is the free, time-limited and non-exclusive use of reference images originating from the eCl@ss reference images library by the User to depict and illustrate related products, product ranges or functions in the User’s offers pub-lished on the internet, intranet or in other communication or information media, either electronically or in print (“Communication services”).
1.2 The User is entitled to use the reference images within the scope of his communication services in accordance with the following conditions.
1.3 The User is aware that reference images in the eCl@ss reference image library are usually updated and exchanged every two years.
2.1 With regard to his communication services and using reference images for the pur-pose of illustrating products or product groups related to the product depicted on the reference image i.e. belonging to the product shown in the reference image, and with-in the contract’s object scope, the User is entitled
2.2 Integration by linking – automatic update
The reference image can be integrated in the User’s electronic communication ser-vices by a direct link to the reference image library. In such cases, the User is con-tractually entitled to use the reference image for as long as the reference image is held in the reference image library. Because IW-C continuously updates its reference image library, this form of technical usage is recommended. As a result, the User has constant access to the latest reference image of the corresponding product class. As a rule, the library is updated every two years.
2.3 Download integration – User’s update obligation
The User may also download the reference image from the reference image library and integrate it in his communications services. In such cases, the User is initially en-titled to use it contractually for a period of two years.
The User, however, is obliged to check, the latest within two years following initial download of the reference image, whether the reference image used in the reference image library and corresponding product class, is still available. If that is the case, the User’s usage entitlement is extended by another two years.
If that is not the case, i.e. the reference image has meanwhile been deleted from the reference image library or updated, then the User’s right has also expired and he will be obliged to delete the corresponding reference image from his communication ser-vices or replace it by the updated reference image from the reference image library, which in turn may again be used for two years under the present user and license conditions.
2.4 The User is not entitled to edit, change or otherwise redesign reference images. He is not entitled, in particular, to remove or change reference image related details or in-formation such as digital watermarks and source indications etc. or add his own details or information to the reference image.
2.5 Any commercial or industrial transfer of licenses or sublicensing of reference images to third parties is prohibited.
3.1 The User is only allowed to use reference images in connection with display and illus-tration of products, product groups or product functions that correspond with the product depicted on the reference image as regards type, quality or function. When in doubt, classification in accordance with the eCl@ss standard is decisive.
3.2 The User ensures that actual usage of the reference image is neither misleading nor dishonest and does not violate provisions of the Competition Law or other applicable Acts in any way, or infringes upon user rights of third parties, in particular, trade mark laws, design laws, patent or registered designs, copy rights or other third party rights.
3.3 In addition, the User ensures that reference images are exclusively used for contract purposes and fact- and content-based illustration purposes. Moreover, the reference images are not to be used in any shape or form that might disadvantage or damage IW-Consult GmbH or eCl@ss e.V. or the manufacturer of the product depicted in the reference image in any way.
4.1 IW-C holds the contractual user rights and the right to grant these to the User.
4.2 The User is obliged to inform IW-C immediately about any third party claims in con-nection with the reference images. The same applies, should the User learn about il-legal usage of the reference images.
4.3 In case a third party files a claim against IW-C in connection with illegal usage of ref-erence images, the User indemnifies IW-C comprehensively against this claim includ-ing assertion of rights costs and defence costs, insofar as the legal violations are the result of a breach of contract by the User.
5.1 German law is applicable. Cologne is the exclusive legal venue for any disputes aris-ing from or in connection with the use of reference images. The same applies, if the User does not have a general legal venue in Germany or if his residence or usual abode is not know at the time the complaint is filed.
5.2 The validity of any remaining user conditions shall not be effected, should certain provisions of these user and license conditions, either as a whole or in part, not be legally effective or not be legally valid.
As of: 5. October 2011