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| Copyrights under the Business-Licence Agreement |
These Copyrights and User Rights under the "Business-Licence" are part of the Terms and Conditions. All maps and digital media offered by data2map are copyrighted and are, as standard, supplied with the generous royalty-free user rights under the "Business-Licence". If you use the maps supplied by data2map as outlined below, no additional formalities or royalty payments are required.
1 “Business-Licence” Agreement
This Licence Agreement is a legal and binding agreement between the customer (You, The Licensee, The Purchaser) and data2map. User rights are only transferred to the addressee of the invoice for use at the address as mentioned in the invoice The invoice is your proof of ownership of the “Business-Licence”. This licence agreement is part of the “General Terms and Conditions” of data2map, which can be viewed >here and applies to all data2map products supplied via the Online-Shop, via physical delivery by mail on CD or other media. The conditions outlined here are binding for all orders and contracts between data2map and its Customers.
With every purchase, the customer obtains a perpetual, non exclusive and non transferable right to use the original maps as basis for the creation of "own, individual works". The maps may be used by the addressee of the invoice and, if applicable, by its employees at the same location. Professional graphics studios may use the original data2map media for creating unique and individual products for their clients.
No redistribution rights under the "Business-Licence"
The maps are licensed by data2map to the customer mentioned on the invoice without redistribution rights. Reselling or redistribution under the “Business-License” is strictly prohibited (if you intend do resell, contact us with details, we also offer a "Commercial Licence" and "Reseller Licence"). The legal use always requires
- the possession of an original invoice from data2map and
- the creation of "own and individual works", pls. see below. The Customer may freely display and distribute these "own and individual works" as outlined in the “Uses Permitted” paragraph.
The customer-rights are explicitly transferred only onto the person, company or institution which is mentioned on the invoice, including all employees at the same mentioned location.
Proof of the user rights under the "Business-Licence" is the original invoice from data2map of the respecrtive purchase.
You declare your full agreement to all points of this agreement by downloading digital media or by its first time use. Downloading, or opening media on a CD/DVD, is your declaration that you accept and will abide by this agreement. If you do not accept all points of this agreement, you have to discontinue using the maps and other media and destroy all digital media in your possession and/or promptly return unopened packages to data2map.
2 “Own works” are unique and individual productions by the customer on the basis of map media purchased from data2map, in which the own content of the customer amounts to at least 25 percent of the map area. The customer may modify, alter, crop or change the original maps without restrictions.
All “own works” produced on the basis of data2map media may be used internally for presentation, print, and internet, and may be made available to all internal personnel through e.g. the intranet. The maps may only be sold on an individual basis to own clients as “own, unique works”, e.g. by graphics studios. Third parties are not eligible for benefit under this agreement. The original maps, as acquired from data2map, may not be sold, sublicensed, or in any other way be made available to third parties, whether free of charge or against payment. The responsibility rests with the original agreement holder.
Upon your acceptance of this agreement, data2map grants the customer a non-exclusive license to use the maps as described herein.
3 Copyright statement:
All instances of publication in digital media or printed output, require the following copyright statement:
“map by © (Year) data2map.at” Please insert the year of purchase from data2map into the bracket. All instances of printed output require the insertion of this copyright statement in typeface no smaller than 6 points.
4 Uses Permitted:
This „Business-Licence” from data2map entitles the Customer to make internal use of the original maps (as obtained from data2map) to be the basis for the creation of “Own Works” with at least 25 percent of the area being own content. These own productions may be freely used
- in electronic media, Internet, Print (with unrestricted number of reprints), TV and film productions
- for publications, annual reports and magazines, for packaging and advertising,
- for theatrical-, cinema- and TV-Productions
and made available e.g.
• for private and commercial use, for individual productions and projects
• in an internal PC-Network (an Intranet) with an unrestricted number of workplaces, with unrestricted access by all staff members within the company/institution or organisation which purchased the maps at the location of the address mentioned in the invoice
• graphics studios may use the original maps for creating own works for their customers for an unrestricted number of projects, provided each project is an individual, unique creation
• in any products individually prepared for customers, provided these products are “own works” and do not compete with the products offered by data2map
5 Uses not Permitted:
The maps as acquired from data2map must not be directly distributed, they may only be sold and made available to third parties if modified as “own, individual works”. Except as outlined herein, this agreement does not grant the customer any intellectual property or distribution rights.
It is not permitted to:
• offer the maps, the original map(s) as obtained from data2map or as “own works”, on the internet or any other means accessible by third party
• sublicense, sell, assign, convey or transfer any of the rights under this agreement, whether free of charge or against payment
• sell, license or distribute “own works” in such a way which would allow the extraction, access or re-creation of the original file as obtained from data2map
• use the original maps in an electronic data-base or other media storage device with third party access
• decompile, translate, reverse engineer, disassemble or otherwise manipulate the data to allow its use similar to the original maps
• to use the maps in any manner prohibited by law, restrictions or regulations, including for unsolicited mail (spam) or in any discriminating manner.
The free trial maps, flags and other media may only be used for evaluation purposes. Any other use, including commercial use ist prohibited.
Own works may not be passed on to customers as fully editable vector-files in the format .ai, eps, pdf etc. but only as raster files or secure single layer pdf-files which can not be edited by Vectorgraphics software.
The responsibility to prevent above “uses not permitted” rests with the original agreement holder.
Utilizing any map or media without or prior to granting of a license, data2map reserves the right to initiate legal action, seek damages through legal channels unless the customer agrees to reimburse data2map, as liquidated damages, within two weeks of giving notice, a sum to be determined by data2map.
For all uses of the maps which are not explicitly mentioned here, individual Licences are required in writing from data2map, please contact data2map.at with your request.
6 “Professional Series” Customer Rights and Copyright Statement:
As standard, all maps of the “Professional Series” come with the royalty free Copyrights of the “Business-Licence”.
However, the conditions imposed by cooperating data publishers may impose certain restrictions and/or fees. Additional fees may be applicable for the installation on more than one server or for print in larger quantities. Should this be required, data2map will inform the customers accordingly prior to purchase.
All instances of publication of maps of the "Professional Series" require a Copyright Statement as mentioned above under (3).
7 Ackowledgement of Copyrights and Registered Trade Marks
data2map respects the intellectual property of others. If you believe that your work has not been credited properly or constitutes a copyright infringement, please inform data2map.
data2map uses common and popular soft- and hardware terms to ease identification by customers. These soft- and hardware terms are TradeMarks and/or Registered Trade Marks of their respective owners and protected by international law. data2map fully acknowledges the ownership. Windows®, Outlook®, Microsoft Office®, Word®, PowerPoint®, Access®, Internet Explorer®, Exchange®, Visio® and .Net® are registered Trade marks of the Microsoft Corporation. Adobe Illustrator®, InDesign®, Adobe Reader® and Photoshop® are registerd Trade marks of Adobe Systems Incorporated. CorelDRAW® und Corel Graphics Suite® are registered Trade marks of the Corel Corporation.
8 Governing Law and General Provisions
This Agreement will be governed by the Laws of Austria, proceedings are to be held at Salzburg. If data2map is obliged to enforce any of its rights in a court of law, the customer agrees to reimburse data2map for its legal fees and disbursements.
9 Contract Terms
In the event of inconsistencies between the terms contained herein and the terms contained in any purchase orders, or other writing sent by the customer, the terms of this agreement shall govern. No terms or conditions of this contract may be altered, added or deleted unless a written copy is agreed and signed by both parties. Orders and contracts of customers imposing their own conditions are null and void.
Legally binding is the German language Version of this Copyright Notice titled: "Copyright, Nutzungsrechte, Urheberrechte", which can be viewed here.
Valid from January 1st 2009
All rights reserved
© 2002-2012 data2map.at - manfred guntz
You may make a printout of this Copyright-Notice by right-clicking into the text and selecting "Print" or by clicking the button at the top of the page.
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