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Licence agreement of Dive Videos

These terms and conditions apply to the sale of royalty-free videos by www.Dive-Videos.com and all the related packages and services.

All videos offered by Dive-Videos (on disk or transmitted electronically) are protected by copyright and remain the property of Dive-Videos.com

Customers of DIVE-VIDEOS will not own the videos. Customers will get a license to use the videos according to the license terms below.

No other fees or license costs

DIVE-VIDEOS as author of all offered videos has the sole right to exploit the video recordings. DIVE-VIDEOS in not member of any exploitation society, there are no additional fees or licensing costs. All rights of use and exploitation are exercised by the author.

Acquisition and range of rights

Upon full payment of the one-time royalties the customer acquires a simple and non-transferable right to use the video recordings. Rights of exploitation or ownership are not transferred with the right of use.

The video recordings may be used only within the customer's chosen license categories, which are described below:

Licenses Non-Profit

Examples of how to use our Non-Profit Licenses:

License Non-Profit 1:      Screen in waiting-room, eye catcher exhibition stand, screen in Dive-Center
License Non-Profit 2:      Fitness centers or medical group practices with multiple media
License Non-Profit 3:      Travel agencies or supermarket chains with up to 100 media

Licenses Profit

Examples of how to use our Profit Licenses:

License Profit 1:      Agencies for waiting-room TV, info screens in public places
License Profit 2:      Agencies for info-screens with large screens in busy public places
License Profit 3:      Agencies for info-screens with large screens in particularly strongly frequented public places

License group "Non-Profit" or "Profit" (Commercial use)

The license groups "Profit" and "Non-Profit" differ primarily in the commercial use. You have to order the license "Profit", if you intend to realise a profit with the public presentation of videos. This is always the case whenever the maintenance of the media is part of your business, such as agencies for info-screens.

Media for the purposes of this License Agreement

Media according to this license agreement are for example websites, projection screens or similar screens of any kind.

What is the maximum number of media?

The number refers to the actual number of media on which the video can be shown.

If an agency has 60 customers, license "Profit 2" must be selected. Even if the recordings are not always shown simultaneously on all media.

What is the maximum frequency for each medium?

The number of visitors may not exceed the specified frequency in any place equipped with media.

Example:
The Potsdamer Square in Berlin is visited by 90,000 visitors per day (official statistics). If videos are shown on a public screen in this place, license Profit 2 would be sufficient.

If a further screen is installed at the Times Square in New York, License Profit 3 would be required, because this medium exceeds the maximum frequency of the Profit 2 License.

If reliable statistics are not available, the frequency must be estimated realistically.

Excluded usage for all license groups

The videos offered by DIVE-VIDEOS must not be disseminated through public television via satellite, public cable television or pay-television. Any kind of integration into films or documentaries by TV-broadcasters requires a special agreement in writing.

Also excluded is any form of reproduction, transmission or sale of the delivered videos. If the acquired videos are embedded in own projects, the customer is authorized to reproduce and distribute these projects, depending to the acquired type of license.

The integration into projects, which serve as competitive products to Dive-Videos, is prohibited.

It is also prohibited to integrate our videos into own projects in a way which suggests that the copyright of our videos is the property of the customer himself.

Uses in association with projects that violate national or international laws, racist, unconstitutional or violence-glorifying content are expressly prohibited.

Use on web sites

The right to integrate videos into a web site is only available if the customer takes all necessary steps to prevent saving (download) of the video and if the web site is owned by the customer. Transmission to third parties for their web sites is excluded.

Contractual penalty

In case of unauthorized use of our videos or use which is not in compliance with the license a penalty has to be paid for each individual case, subject to further claims. The penalty is three times the stated fee for the use of the license group which would have been appropriate.

Backup copies

Backup copies are permitted only for personal use and for safeguarding the original files.

Certification of approval

Upon full payment, the customer receive an approval certificate for using the acquired videos within the selected category of license. The approval certificate is part of the invoice and valid only with the invoice.

An upgrade to the next highest category of license is possible at any time. Please feel free to contact us!

The approval certificate and the associated license are not transferable to other private or legal persons.

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