GENERAL TERMS OF USE AND LICENSE AGREEMENT 18th of Dezember 2013

Petra Hinterberger, Markus Huber
Address: Werkstättenstraße 7a/12, 5020 Austria
Owner and managing director:
Petra Hinterberger, Markus Huber

§1 Coverage of General Terms of Use
(1) Petra Hinterberger (the seller) offers its services and products exclusively based on the terms of use laid out in the following. General Terms of Use of the buyer are hereby rejected and will not apply to any purchase from Petra Hinterberger. Any deviations from the seller’s terms of use will only be binding if the seller acknowledges them and confirms those deviations in writing.
(2) Information, data and prices on Internet-pages are non-binding
and subject to change.
A contract between the seller and the buyer is only final with a written order confirmation through the seller (e-mail sufficient).
Changes or additions will only be recognized and are only valid if the seller confirms them in writing (letter) or electronically.
(3) All prices are inclusive of Austrian VAT.

§2 Return of products
Petra Hinterberger shall be under no obligation to issue refunds under any circumstances. However, in the event that Petra Hinterberger determines that you are entitled to a refund of all or part of the fees you paid, such refund shall only be made to the paypal account of the customer.

§3 Change of Ownership
The seller remains owner of the Digital Download (see definition: §5-1) until complete and final payment of all open receivables between the seller and the buyer in question. As long as complete and final payment has not been made the buyer does not hold a valid license as described in this document. This license only takes effect after complete and final payment.

§4 Electronic Software Delivery (ESD)
If the buyer purchases Digital Download the seller will make the product or ”Digital Media File” (see definition: §4-1) available for download from its server (copy).

§5 License Agreement
With the download of digital media files (for definition see §5-1), you (the buyer) recognize the validity of this agreement.

If a buyer enters this agreement in the name/in place of the employer then the coverage of this agreement will extend to both the employee and the employer. If the employment is terminated then the employer can continue to use the product with all the inherent rights and obligations laid out in this agreement.

(1) Definitions
Digital Media Files are Live action videos or animations a buyer properly purchases from Petra Hinterberger.

(2) Granting of the License
With the proper purchase and use of the Digital Media File(s) the buyer obtains a non-exclusive license to use and modify the Digital Media File(s) according to the conditions laid out in the following paragraphs.

(3) License
The Digital Media File(s) can be used license-free (without additional fees), and -except for below mentioned exceptions- without limitations in: animations, illustrations/renderings, film/video, TV, multimedia, commercials, live-performances, Internet, presentations, product- or print jobs (DVD, computer games, entertainment- and training videos, music videos, etc.).

The usage limitations are the following:
No Digital Media File(s) may be
(a) separately published, marketed, distributed, transferred, sold or sublicensed in full or in excerpts (any part thereof).
(b) published, marketed, distributed, transferred, sold or sublicensed as part of a rendering, animation, software application, data or any other product from which any original Digital Media File, or any part thereof, or any substantially similar version of the original Digital Media File can be separately exported, extracted, or decompiled into any redistributable form or format.
(c) published, marketed, distributed, transferred, sold or sublicensed as “clip art” or the like, including but not limited to animations or still images that are sublicensed or otherwise distributed by a stock photography or stock animation agency, or in any other manner in which the primary source of value derived from publishing, marketing, distributing, transferring, selling or sublicensing the image (or Digital Media File) is that it is accessible in a manner similar to “clip art.”

(4) Single-user License
The Digital Media File(s) may only be modified or used in unmodified form, on one computer at any one time. You may not rent, lease, lend, sell or sublicense the Digital Media File(s) to another person, company or other entity. Anything you produce using the Digital Media File(s) must be for your own use, or for the use of your employer, client or customer, who must be the end-user of your work.

Please contact Petra Hinterberger for a multi-user (group) license if you need to use the Digital Media File(s) over a network for multiple users.

(5) Special License
Please note that special licensing is available from Petra Hinterberger in order to obtain additional rights (beyond the rights outlined above).

(6) Special Limitations
The Digital Media File(s) may not under any circumstances be used in or in conjunction with illegal material.
The buyer and/or user have the sole & full responsibility for all legal consequences of any such use.

(7) Copyright
All Digital Media Files are copyright Petra Hinterberger or its licensors and are protected by German copyright laws, international treaty provisions and other applicable laws.
No title or intellectual property right in the Digital Media File(s) is transferred to the buyer. Petra Hinterberger retains all rights not expressedly granted to the buyer by this license agreement.

(8) Liability
Petra Hinterberger is not liable for specific, direct, indirect, consequential, punitive (fines/penalties), or incidental damages, (incl. but not limited to damages through the loss of profit, business interruption, loss of business data, or any other monetary loss) which result from the successful or failed use of the Digital Media File(s).
Licensor’s entire liability and the buyer’s exclusive remedy shall be no more than the amount paid for the particular Digital Media File(s).

(9) Breach of Contract
The buyer/user agrees to indemnify, defend and hold Petra Hinterberger our affiliates, business partners, officers, directors, employees and agents harmless from any loss, damages, claim or liability of any kind arising from 1) the use of the Digital Media File(s) in any form, 2) any breach of the terms and conditions of this agreement.

(10) Warranty
Refunding the purchase price is only an option for Petra Hinterberger.
Petra Hinterberger MAKES NO OTHER WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE DIGITAL MEDIA FILE(S) AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT ARE HEREBY DISCLAIMED.

(11) Amendments
Petra Hinterberger reserves the right to amend or change this agreement at any time.

(12) Enforceability
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms.

(13) Venue
This Agreement will be governed by the laws in force in Salzburg, Austria. The buyer will bring any legal
action to court in Salzburg, Austria.

Petra Hinterberger, Markus Huber
Address: Werkstättenstraße 7a/12, 5020 Austria
Phone: +43- 0680 2011607 contact@openslowmo.net

Owner/CEO: Petra Hinterberger, Markus Huber –
www.openslowmo.net