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License conditions for the use of advertising materials
This document describes the licensing agreement between you (hereinafter referred to as “Licensee”) and EGYM GmbH, Einsteinstraße 172, 81677 Munich (hereinafter referred to as “EGYM”) in connection with the Licensee’s purchase of products in the form of promotional materials from EGYM on […] (hereinafter referred to as “Products”). By purchasing and downloading the Products, the Licensee agrees to uphold the terms and conditions of this Agreement.
1. Granting rights of use
1.1 With the purchase of the product EGYM grants the Licensee a non-exclusive, simple right of use, that is unrestricted in time and space in order to use the product to
– advertise the EGYM brand and related goods and services in the studio,
– market the studio with goods and services of the EGYM brand in various types of media, in particular but not conclusively on the internet, social media, presentations, press
to reproduce, distribute, store in databases and make publicly accessible.
1.2 EGYM shall, at its own discretion, either hand over the product to the Licensee in electronic form by e-mail or make it available to the Licensee as a download via the Internet […] in various data formats.
1.3 The Licensee is not allowed to edit, change, modify, adapt, translate or otherwise alter the Product in whole or in part.
1.4 The Licensee can only pass the product on to third parties when there is prior written consent from EGYM, unless the passing on is proven to be absolutely necessary for the implementation of the Licensee’s advertising activities.
1.5 Any other type of use of the product is not permitted and requires specific consent from EGYM. A right to grant a sub-license does not exist.
1.6 The Licensee has to comply with EGYM’s specifications for the use of the Content when it comes to technical terms and design terms.
1.7 The Licensee is obliged to divulge which media the product is and was used in when such a request is made by EGYM. EGYM should be provided with copies when there is a justified interest.
2. Final provisions
2.1 This Agreement, and all disputes arising out of or in connection with this Agreement, shall be governed by the laws of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods and/or a conflict of laws provision shall not apply.
2.2 If any provision of this contract is or becomes invalid, in whole or in part, the validity of the remaining provisions won’t be affected. The same shall apply if a gap in need of filling arises, after conclusion of the contract. The parties shall replace the invalid provision or gap requiring filling with a valid provision, which best reflects the legal and economic content of the invalid provision and the overall content of the contract.
2.3 For all disputes that arise from the contractual relationship, the place of jurisdiction is the registered office of EGYM.
2.4 No verbal ancillary agreements have been made. Amendments and modifications must be made in writing. Emails are sufficient for the written form.
As of: 1 December 2021