| 7. | The grant of the rights of utilization shall be subject to the condition precedent of full settlement of
all claims of argus for payment under the applicable contractual relationship. |
IV. Liability
| 1. | Argus shall not be held liable for the breach of any rights held by persons or objects depicted in the photographic material unless a duly signed release
is enclosed. The customer shall be responsible for acquiring the rights of utilization over and above the copyright to the photograph in question and for obtaining releases
from collections, museums etc., e.g. for images showing works of applied or plastic arts. The customer shall be responsible for the legend as well as the context in which
the photograph is used. |
| 2. | The customer shall assume responsibility for the due and proper utilization of the photographic material as of the date of delivery. |
V. Fees
| 1. | The agreed fee shall apply. If no fee has been agreed upon, it shall be determined on the basis of the prevailing list of photographic fees issued
by Mittelstandsgemeinschaft Foto-Marketing (MFM). The fee shall be subject to value added tax at the applicable rate. |
| 2. | The fee shall be deemed to constitute good consideration for the one-time utilization of the photographic material for the agreed purpose in
accordance with Section III.3 herein. |
| 3. | If the photographic material is to be used as a basis for layout and presentation purposes, a fee of at least € 75.00 shall be payable in the absence of
any other agreement to the contrary. |
VI. Return of photographic material
| 1. | Analog photographic material shall be returned in the form in which it was supplied immediately after it has been published or utilized for the agreed
purpose provided that this is no later than three months after the date of delivery; two sample copies of the publication in which the photographic material appears shall
be enclosed. An extension to this three-month period shall require the photographer’s written approval. |
| |
