Licensing agreement

Royalty free licensing

LICENSING AGREEMENT BETWEEN THE COMPANY PLUSCONTACT PROMOTION GMBH (FURTHER REFERRED TO AS Yaoti) AND THE USER (FURTHER REFERRED TO AS THE PRONOUN (YOU / YOUR).

Definition:

Yaoti file  =  animated and / or single picture sequence, with / without sound. The categorization as Yaoti file is independent from the used data medium (e.g. internet server, DVD, hard drive, etc.) and independent from the output format (e.g. digital, analog).

Usage  =  and / or editing, conversion, retouching, or publication of a Yaoti file in its entirety or in parts

User  =  natural or legal person acting on their own and / or someone else's behalf and who is involved in the usage of the Yaoti file.

Script  =  programming code provided by Yaoti. This code contingently reloads other codes, e.g. to display the Yaoti file on a target website.

Target website  =  site on the Internet, which displays the Yaoti file.

Yaoti grants you

• after the acquisition and payment of royalties, if existant

• free of charge, if no royalties exist

a non-transferable and non-exclusive license for the usage of the Yaoti file according to the licensing agreement.

BY UTILIZING THE Yaoti FILE YOU DECLARE YOUR CONSENT TO THIS LICENSING AGREEMENT. DO NOT UTILIZE THE Yaoti file IF YOU DO NOT CONSENT TO THIS LICENSING AGREEMENT.



Permitted modes of royalty free usage

You may use the Yaoti file on a target website if the following conditions are fulfilled:

• You are fully responsible for the content of the target website.

• The script has been intergrated into the target website in its unaltered state.

• The Yaoti file is provided royalty free.

You may host the Yaoti file on your server and use it on several domains

You may use the Yaoti file with an unlimited number of copies as part of

• Target website
• online advertising
• a newsletter
• multimedia presentations (e.g. DVD)
• the software
• a clip

The Yaoti file may be trimmed, edited, revised or used to create new works.

You may utilise the Yaoti file as part of your works e.g. if you are a design agency as work for your clients.

You may use the Yaoti file for purposes that have been authorized by Yaoti in writing.



Prohibited modes of usage

The Yaoti file may not be rent out, sold, donated or passed on to a third party in any other way

The Yaoti file may not

• be licensed or sold further. The rights may not be assigned to a third party.

• be used as brand or logo.

• be used to compete with Yaoti.

The Yaoti file may not be used as

• download on the Internet (e.g. FTP).
   
• part of a collection of similar files.
   
• in any way that may enable the further marketing or further utilisation (e.g. homepage templates).

All Yaoti files on www.yaoti.com are property of Yaoti or Yaoti's licensors, and are protected by international law.

Limitations on usage

The Yaoti file may not be used in a way that suggests the acceptance or association with products, services, political or religious concepts. The connection to pornographic, illegal, immoral, vilifying or prohibited contents is enjoined.

The usage of the Yaoti file is licensed by the licensing agreement. The Yaoti file is not being sold to you, neither in its entirety, nor in parts.

The usage of the Yaoti file without consent to the licensing agreement, or the breach of licensing terms is a violation of Yaoti's copyright.



Subsidiaries

You have the right to hand the Yaoti file to your subsidiaries, as long it is assured that your subsidiaries adhere to the licensing terms.



Storage

You may store the Yaoti file within your company network for internal purpose and allow your employees, customers or partners access to the licensed material.



Changes to the licensing agreement

Yaoti reserves the right to change the licensing agreement at any time and to publish it on this website.

Yaoti has the right to block the usage of certain Yaoti files, or replace them by other files if there is a plausible reason. You cannot claim any rights from that.



Termination of the licensing agreement

The license agreement is terminated without royalty rebate regardless of whether Yaoti is informed or not, if the Yaoti files are destroyed and their usage discontinues, or if you do not adhere to the licensing agreement in parts or in its entirety. The termination has no effects on your duties.

You have to evaluate the respective law of your country yourself, and ensure that no third party's rights are being violated when using the Yaoti file.

If own actors are involved in the production of the Yaoti file, which shall personate you, your auxiliary personal, or other persons you earmarked, it shall be provided that you hold the release certificate for the publication of the produced film, photography, and audio material. Further you shall have a transfer of the rights in sound and vision, and the agreement on digitalization, electronical processing, audio dubbing, storage, retouching and usage.

You exempt Yaoti and its auxiliary personal from any claims for damages that may arise from the usage of the Yaoti files.



Severability clause

Should any clause of the usage conditions be held void, the further clauses shall remain untouched.



Applicable law

Only German law is applicable. Court of jurisdiction: 76275 Ettlingen, Germany.



Translation

In case of inconsistencies between the German version and versions in other languages, the German version shall be deemed to be valid.

[V 08/03 ]

Concerning quantity rebate, sub- licensing, template licensing, or software bundling please contact: