General Business and License Terms
for Purchasing and Using
products and images from this website.

License Agreement
International Version

The agreement will apply to you, if you are not a citizen or institution living or established in Germany. If you are a citizen or institution living or established in Germany, the German version of the licence agreement will apply to you. You will find it on the German part of our website.

Preface / Gerneral Terms

All pictures on this website are protected artworks and under current copyright law. The pictures found on this website can be used without licensing for layout and internal presentation only. All uses and publications in printed, digital or other visual formats need prior clearance and licensing through us. Licensing fees apply to all uses.

This is a contract:

Subject of the contract are the software and all pictures, which shall be made available by apply pictures (following "APPLY").

The Contract between YOU and APPLY shall take effect as follows:

1: By downloading one or more pictures made available by APPLY in the Internet: Read the contract completely before you download a picture and/or software from our web site. By down-loading a picture and/or software from our web site you declare your willingness to observe the conditions of this contract. Should you conclude this contract on the behalf of your customer, then your customer, as you are, shall be subject to the conditions cited in this contract. In the event you should terminate your contractual relationship with your customer, you shall no longer be entitled to work with the pictures and/or software in accordance with the conditions of this contract whereas your customer shall still be entitled to these rights.

2: By purchasing a data carrier (i.e. CD-ROM, CD-R) with pictures from APPLY: By opening the package of the data carrier you accept all the terms and conditions of this contract. If you do not agree with the terms and conditions of this contract, return the product, unopened, along with the rest of the package, to APPLY or the location where you obtained it. Should you conclude this contract on the behalf of your customer, then your customer, as you are, shall be subject to the conditions cited in this contract. In the event you should terminate your contractual relationship with your customer, you shall no longer be entitled to work with the pictures and/or software in accordance with the conditions of this contract whereas your customer shall still be entitled to these rights.

Rights of Use

By paying the full sale price you are entitled or if you are acting on the behalf of your customer he is entitled to a non-exclusive and non-transferable right to use the software provided by APPLY including every picture on your computer system.

The pictures may be used in the agreed usage, within the agreed period and in the agreed frequency, as part of:

1: materials for personal, non-commerical or sample use (i.e. draft layouts for client review)

2: advertising and promotional materials (including book covers, music CDs and software packaging)

3: online or other electronic distribution systems

4: TV, broadcast or movie productions

The pictures may use as an integral part of your web site design, but you may not make the pictures available for downloading separately. Similarly, you may provide your clients with copies of the pictures as an integral part of your work product, but you may not permit them to use the pictures separately. If your client wishes to use a picture separately, your client must license that picture for this use.

General Use Restrictions

No copyright or property rights shall be transferred by purchasing pictures.

Except where you are specifically notified that a model and/or a property release has been obtained, APPLY does not grant any right nor make any warranty with regard to the use of names, trademarks, works of art, architecture, as well as non-registered or non-copyrighted designs depicted in any our pictures. You shall be solely responsible for determining whether release(s) is/are required in connection with any proposed use, and YOU shall be responsible for obtaining such release(s). If you are not sure as to whether an additional licence must be obtained prior to use, you shall be responsible for obtaining legal advice from a competent expert.

The pictures and software shall not be copied. The pictures and software shall not be used together with or copied for any third parties. The pictures and software shall not be sublicensed or resold, rented or made available in any other manner to any third party. This applies in particular also to parts of pictures, copies of parts or modifications of pictures or software.

Licensing shall not include uses in which one or more pictures are implemented in such a manner that they represent competition to APPLY. Thus the pictures shall not be implemented or sold by picture libraries, picture databases or agencies.

The pictures shall not be implemented for a product you intend to sell if they represent the main value of this product (for example art prints, postcards or illustrated books). If you intend to use a picture as such then you are required to acquire a "license for resale" for a nominal fee. APPLY would be happy to provide you with more information, if so desired.

Pornographic, defamatory or otherwise unlawful use of the pictures is prohibited. The pictures may not be integrated into logos or registered trademarks.

Use Restrictions for Rights-Managed (RM) pictures

Our pictures which offered as Rights-Managed (RM) material shall only temporarily be placed at the Customer’s disposal for the agreed type of use. You will be asked to submit information concerning your intended use of the pictures, which will determine the scope of usage rights granted. After the agreed duration of usage has ended, the pictures must be deleted from all your memory systems. The obligation to delete shall not apply to roalty-free pictures.

Use Restrictions for Roalty-Free (RF) pictures

Royalty-free pictures may, as a maximum, only be used in the delivered size or resolution. Interpolation or scaling shall not be permitted.

Warranty

APPLY warrants the pictures and software are free from defects in material and workmanship for 90 days as of the date of purchase. During this 90-day period, in the event of defect, APPLY will replace any defective products which are returned to APPLY. Your exclusive remedy for the breach of these warranties is the replacement of the product or the refund of the purchase price. APPLY makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. APPLY shall not be liable to you for any general, special, direct or indirect damage.

General

This license agreement will terminate automatically without notice from APPLY if you breach any of its provisions. With termination, you must immediately stop using the pictures and software, return the disc and all copies to APPLY and delete all copies from all medias.

All rights to the pictures and software are owned by APPLY and its licensors and are protected by the copyright laws of Germany and other international provisions. If any part of this contract is found void and enforceable, it will not affect the validity of the balance of the contract, which shall remain valid andenforceable according to its terms.

Image-Agency [ apply pictures ] - Jacobsstr. 3, 30449 Hannover, Germany
Authorized Representative: Thomas Sokolowski
+49 (0)511 . 940 95 725