Robert Bosch GmbH general terms and conditions and license agreement for use of the Bosch video portal
Robert Bosch GmbH ("Bosch") operates a database under the URL http://videoportal.bosch-presse.de/en/ ("video portal"), via which it offers German and international TV broadcasters and other media outlets ("users") pre-produced broadcast features and film sequences ("film material") for further processing and use in their own broadcasts.
Use of the video portal is subject to the provisions set out in the following terms and conditions and license agreement.
§ 1 Material scope of application, amendments
(1) The following terms and conditions and license agreement shall form the sole basis for the legal relationships between the users of the video portal on the one hand and Bosch on the other. No user terms and conditions shall be part of the contract; their applicability in this context is hereby explicitly rejected.
(2) Bosch reserves the right to amend these terms and conditions and license agreement at any time and without giving reasons. The amended terms shall be posted at http://videoportal.bosch-presse.de/en at least two weeks before they enter into force.
§ 2 Services provided by Bosch
(1) Bosch shall make the film material available in a database accessible under the URL http://videoportal.bosch-presse.de/en. In view of the gratuitous nature of the Bosch services, Bosch shall provide access to the database and film material only insofar as they are available at any given time.
(2) The ability to view film material in the video portal shall give the user the opportunity to subsequently download certain content from the database or integrate it in their website using an embed code. Bosch’s offer in this regard should be considered non-binding and without obligation in all cases.
(3) The user can order content by selecting it on the internet . After the user clicks on the order button, all order details will be displayed again in a confirmation window, where the user can correct or confirm them as appropriate.
(4) Insofar as the ordered film material is not made available for download immediately after the order, Bosch shall promptly send the user an electronic confirmation that the order has been received. Confirmation of receipt does not amount to acceptance of the order by Bosch.
(5) The order of the content shall become binding for Bosch only on acceptance, whereby acceptance ordinarily occurs by means of electronic transfer (download) of the ordered film material.
§ 3 Licensing, rights of use
(1) The user shall be entitled to use the film material they obtain via the video portal, including the services and third party works embodied therein, within the scope of the following provisions. Any other or additional rights of use and/or types of use that are administered by a copyright collective must be obtained and paid for by the user alone (see also Section 5).
(2) This authorization for the user shall be limited to a period of 6 (six) months from availability of the film material.
(3) The ceded film material must be used only within the framework of programs and reports that are not of an advertising nature; the user shall be prohibited from using the material in connection with advertisements or advertising messages or for the purposes of direct or indirect sales promotion.
(4) The user shall be entitled to make available or to air free of charge the film material supplied by Bosch in whole or in parts via television broadcasting, radio broadcasting, wire broadcasting, or similar public technical infrastructure by analog, digital, or other transmission means, including transmission over the internet. This shall apply to all possible broadcast methods and irrespective of the legal form (public service or private television). The user shall be entitled to integrate the film material into their website using an embed code. The user shall not be entitled to make available, broadcast, or otherwise supply the ceded film material by way of pay TV, TV on demand, video on demand, near TV on demand, or for remuneration in any other manner. The user shall not be entitled to use the ceded film material in any way other than those explicitly permitted above.
(5) The user shall be permitted to sublicense, transfer, resell, lease, or lend the Bosch film material to third parties only with the explicit, written approval of Bosch in each individual case.
(6) Authorization to access the ceded film material shall be restricted to persons who work on making the broadcast features or on the productions within which the film material is to be used. The user shall be obliged to take suitable precautions to prevent unauthorized access to the ceded film material by persons other than the abovementioned authorized category of persons. To this end, the contractual film material must be stored in a place that is secure against the unauthorized access of third parties.
(7) The user shall be entitled to use the film material – including excerpts thereof – as part of the user’s own broadcast features and productions (the so-called "excerpt right" or "Klammerteilrecht" in German). Insofar as the film material is provided by Bosch bearing a notice to the effect, the user shall be prohibited from altering and/or distorting and/or shortening from the ceded version such film material or any associated text or audio features, regardless of whether in part or in whole, without written approval from the agency.
(8) Any copyright notices indicated to the user by Bosch or quoted in the video portal or the film material must be implemented in the user’s program or retained as appropriate. The user undertakes when using the ceded images and/or image sequences to retain unchanged and not to remove any references in the opening and/or closing credits to the work carried out by Bosch, its employees, and its subcontractors in line with standard industry practice.
(9) When incorporating the ceded film material into its proposed production or program, the user must refrain from any use of the film material that changes its message or alters its proper context or otherwise distorts it. The primary purpose of the above restriction is to safeguard the (corporate) personality rights of the individuals and companies depicted in the ceded film material. The user must therefore also refrain from using the ceded images and/or image sequences in a pornographic, racist, defamatory, libelous, or otherwise unlawful context, or from using them in a manner that violates personality rights or is an affront to common decency.
§ 4 Indemnification
The user shall indemnify Bosch against all third-party claims asserted against Bosch as a result or because of a breach of these general terms and conditions on the part of the user. This shall not apply if the user is not responsible for the breach.
§ 5 Notification of copyright collectives
(1) The user undertakes to deliver any notifications to the responsible copyright collectives that may be necessary in the framework of utilizing the ceded film material and to duly pay the corresponding royalties and other compensation as may be payable.
(2) The user shall indemnify Bosch against all third-party claims made against Bosch because of a failure to procure or pay for rights administered by copyright collectives.
§ 6 Liability
(1) Bosch shall be liable without limitations in the event of intent and gross negligence. In the event of the ordinarily negligent breach of its obligations, Bosch shall be liable only up to the amount of the foreseeable typical damage; however, this limitation shall not apply in the event of injury to life, body, health, or freedom, nor in the event of fraudulent concealment of a defect, nor in the event of the absence of a guaranteed property or quality.
(2) The above provisions shall also apply to damage caused by the legal representatives, executive staff, or vicarious agents of Bosch.
§ 7 Termination of the contract
(1) The ceded film material shall be provided to the user for a limited period of time. The authorization for use shall end upon completion of the contractually stipulated period (see Section 3, Para. 2). The film material ceded to the user, along with all reproductions thereof, must be fully and properly erased at the user’s cost on expiry of the authorization for use, or, in the event of Bosch ceding a physical object to the user, shall be returned to Bosch or destroyed. For any use beyond the contractually stipulated period, the user must obtain the written approval of Bosch.
(2) The legal relationship between Bosch and the user founded on the user’s registration can be terminated with an ordinary notice of one month to the end of the month.
(4) Furthermore, Bosch shall be entitled to extraordinary, immediate termination should third parties initiate legal proceedings against the user or Bosch as a result of an editorial addition to the ceded film material on the part of the user or as a result of the use of the material amended as mentioned above.
(5) For the scenarios detailed in Section 7, Paras. 2 - 4, the obligation on the part of the user to erase, destroy, or return the ceded film material as defined in Section 7, Para. 1 shall apply mutatis mutandis.
§ 9 Closing provisions
(1) For traders as defined in the German Commercial Code, for special funds under public law, or for corporations under public law, Stuttgart shall be the exclusive jurisdiction.
(2) There are no verbal side agreements. Additions and amendments to agreements require a supplementary agreement concluded in writing or via e-mail in order to be effective. The same shall apply to any waiver of the written form requirement.
(3) Insofar as these provisions stipulate the need for written form for the effectiveness of declarations of intent by the contract partners, the transmission of the respective declaration of intent by fax or by e-mail shall be sufficient.
(4) Should individual provisions of this license agreement be or become invalid, this shall not affect the validity of the remaining provisions. A valid replacement provision that approximates as closely as possible to the purpose of the invalid provision should be agreed to take the place of the invalid provision.
(5) The contractual relationship between Bosch and the user shall be subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on the International Sale of Goods.