License Agreement - UGC

LICENCE AGREEMENT

HolidayPirates GmbH

Neue Grünstrasse 18, 10179 Berlin

- hereinafter referred to as ”The Licensee” - § 1 Preamble

The Licensor is the owner of the rights of use to videos and photos - hereinafter collectively referred to as "visual material". The Licensee wishes to use the Licensor's visual material for his own business purposes.

The subject matter of this agreement is the granting of copyright usage rights to the Licensor's visual material under the following conditions. The purpose of this agreement is to enable the Licensee to use the Licensor's visual material to promote its own business purposes. By provind the visual material to the Licensee, the Licensor agrees with the following terms.

§ 2 Rights

(1) The Licensor grants the Licensee non-exclusive, spatially and temporally unrestricted rights to the visual material to publish it worldwide, on its corporate website and in the Licensee's social media channels especially, but not limited for the purpose of advertising, marketing campaigns, promotion, newsletters and company websites. The Licensee is also entitled to use excerpts from the visual material to the aforementioned extent.

(2) The Licensee shall not be entitled to sublicense the rights granted, with the exception of the necessary granting of rights to the providers of the social media channels.

(3) The Licensor agrees that the Licensee is entitled to edit and combine the visual material with any other material, for example images, text, graphics, gifs, any other audiovisual materials and to use the combined material to the extent as agreed herein above.

§ 3 Remuneration

The granting of the right of use by the Licensor shall be free of charge.

The licensee is obliged to always credit the author and provide the respective visual material with a copyright notice by mentioning the name provided by the Licensor and / or their social media account name.

§ 4 Third Party Rights / Liability

(1) The Licensor warrants that the visual material does not violate any statutory provisions, in particular that it does not infringe any third-party rights (e.g. general personal rights of the persons depicted, trademark rights, copyrights, etc.).

(2) The Licensor further assures that it alone is entitled to dispose of the copyrights to the visual material required for the performance of this Agreement.

§ 5 Final provisions

(1) This agreement shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) The place of jurisdiction for all disputes arising from this agreement shall be the Berlin Regional Court, unless otherwise prescribed by law.

(3) Should individual provisions of this agreement be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions of this agreement. The parties shall endeavour to replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the invalid or unenforceable provision in economic terms.