| 3. | Any suggestions submitted by the customer concerning modifications or adjustments shall be
deemed to constitute individual services which shall be subject to separate remuneration. |
| 4. | The photographic material provided shall remain argus property notwithstanding the fact that consideration may have been received for it. |
| 5. | The customer shall treat the photographic material carefully and may only make it available to third parties for internal business purposes, i.e. for viewing, selection purposes and technical editing. |
| 6. | Any complaints concerning the content of the delivery or the content, quality or state of the photographic material shall be lodged within 48 hours of receipt. Failing this, the photographic material shall be deemed to have been received in proper condition, in conformance with the contract and as described. |
III. Utilization rights
| 1. | The customer shall fundamentally only receive simple rights for one-time utilization. Subject to any other agreements, the right of publication on the Internet
or inclusion in digital databases shall be limited to the duration of the publication period of the corresponding or a comparable printed item. |
| 2. | Exclusive utilization rights, exclusive rights for certain geographic territories or periods of time shall be subject to separate agreement as well as a
surcharge of at least 100% on top of the basic fee in question. |
| 3. | Upon the photographic material being delivered, only the utilization rights shall be granted for one-time use of the photographic material for the purpose
specified by the customer and in the publication, medium or data vehicle which has been stated by the customer or can be reasonably assumed in the light of the
circumstances surrounding the placing of the order. In the case of any doubt, the purpose for which the photographic material has been supplied as evidenced by the
delivery note or the recipient address shall be decisive. |
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