Licence Agreement content

Section 1 Granting of rights to the subject matter of the agreement

(1) The Licensor is the owner of the rights of use and exploitation of the photographs uploaded to the website (hereinafter collectively referred to as "Works") and hereby grants to the Licensee, LOBA GmbH & Co. KG, Leonberger Str. 56-62, 71254 Ditzingen, Germany, the exclusive right to use and exploit the Works, including for the purpose of commercial marketing, without limitations as to time, place or content. The granting of rights expressly includes all known and unknown forms of offering opportunities on the Internet, in particular the opportunity of involvement in paid online services and websites as well as within the freely accessible Internet. In particular, the Licensor grants the Licensee the following exclusive, temporally and regionally unrestricted rights of use:

a) the right to reproduce, make available to the public and distribute, i.e. the right to reproduce and make available to the public or publicly reproduce the Works without limitation, using any technical means, in particular by means of digital integration within the framework of the website;

b) the right to make the Works available on demand, i.e. the right to store the Works, to make them available to the public, to transmit them to one or more persons requesting them, in all analogue or digital electronic databases, electronic data networks and networks of telecommunication services;

c) the right to reproduce publicly, i.e. the right to reproduce the Works commercially or non-commercially, by means of sound storage media, image media, video media, multimedia carriers or other data media, in particular, also magnetic tapes, magnetic tape cassettes, image discs, and chips, in all formats, using all analogue and digital processes and technologies;

d) the right to edit, i.e. the right to redesign and edit the Works as desired, either by oneself or by third parties, in particular for the purpose of integrating it into the website, while preserving the moral rights of the author;

e) the right to advertise, i.e. the right to use the Works to advertise the website, including in any other media and outside the Internet, namely on television and in print media;

f) the right to also grant all rights under this Agreement with respect to the Works to affiliated companies, such as subsidiaries, parent companies, affiliates, distributors and/or cooperating partners and other business partners.

(2) The granting of rights also includes use of the Works in part and use in connection with other Works.

(3) The Licensor grants the Licensee the right to use the respective title of the Works as well as names, titles, logos, and images of both the Licensor and the author of the Works on the website and in the relevant advertising for the website with regard to the performance of this Agreement.

Section 2 Guarantee of ownership of rights, indemnification of the Licensee

(1) The Licensor warrants that they are the owner of the rights transferred and that they are able to effectively grant the rights specified in Section 1 of this Agreement to the Licensee. The Licensor also warrants that the Works are free of any third-party rights that might conflict with the granting of rights under this Agreement. Furthermore, the Licensor guarantees that no personal rights of third parties are violated through the use of the Works within the scope of this Agreement, in particular that persons depicted agree to the use of the Works under this Agreement.

(2) Upon first request, the Licensor shall indemnify the Licensee against all claims made by third parties, in particular claims of infringement of copyright and personal rights which may be asserted against the Licensee in connection with the exercise of rights defined by this Agreement. The Licensor shall notify the Licensee without delay of any infringements of rights defined by this Agreement of which they become aware. The Licensee is entitled to take suitable measures for defence against claims by third parties or to pursue the Licensee's own rights. The Licensor shall coordinate their own measures with the Licensee in advance. Indemnification shall also include the reimbursement of costs that are incurred or have been incurred by the Licensee as a result of legal action/defence.

(3) The exemptions set forth in paragraph 2 shall not apply if the third party's claim results from the Licensee's use of the Works in contravention of the provisions set forth in this Agreement, in particular in contravention of Section 1.

Section 3 Term of the Agreement, duration of the granting of rights, consequences of termination of the Agreement

(1) This Agreement shall have a term of five years from the date of the transfer of rights pursuant to Section 1 (4) of this Agreement.

(2) The Parties waive their right to ordinary termination. The right to extraordinary termination shall remain unaffected.

(3) Upon termination of this Licence Agreement, all rights of the Licensee shall revert to the Licensor.

Section 4 Final provisions

(1) The place of jurisdiction for all disputes arising from this contractual relationship shall be the Licensee's registered office, unless otherwise stipulated by law.

(2) Additionally, the Licensee's General Terms and Conditions, which can be viewed on the Licensee's website, www.loba.de, shall apply.

Stuttgart, April 2023