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general information

The pictures are sold under a special licensing agreement (see below) for a wide range of uses.

All pictures can be used for any digital media for private or commercial use.
For example, you can use them
• on your web site to illustrate plants you are selling
• as an e-mail attachment
• even for ebay (or other) auctions when selling seeds

Pictures in the size "Large" can additionally be used for any printed media.
For example, you can use them
• in your nursery catalog to illustrate your plants (all future editions of the catalog included)
• in newspaper or magazine stories
• in books (all future editions of the book included)
• on a leaflet or any other giveaway
• even in advertisements for your nursery

To offer lowest possible prices pictures are licensed per use.
For example, if you want to use the pictures on your web site (www.yournursery.com) you must buy a license for www.yournursery.com. You can then use the pictures on www.yournursery.com as long as you like and add them to the site whenever, wherever and as many times as you like. If you also want to use them on another web site (e.g. www.yourpalmencyclopedia.com) or for ebay auctions you must obtain an additional license.
Another example: If you have purchased the images for your yearly nursery catalog, you can then use them every year for the catalog, as it is regarded as the same publication; however, if you decide to also use them on your web site, you must obtain an additional license.

Get the picture?
Please don't hesitate to contact us if you have any questions about licensing.

Reselling the pictures to others, sharing them over a network via file sharing or offering them for download on a web site is, of course, prohibited. See the license agreement below for further
details.

Looking for pictures of species not offered here? Need pictures with higher resolution?
Please contact us
. Our archive has thousands of images and we are confident we can find the right pictures for your needs.

licensing agreement

§1 User
§2 User license
§3 The user is entitled...
§4 The user is not entitled...
§5 Authors
§6 Duration
§7 Warranty
§8 Other



Important:

• No property rights over the picture / pictures are conferred to the user, who is simply the user of a user license as described in this agreement.
• The provisions of this agreement must be carefully observed before each use of the picture / pictures. On receipt of the picture / pictures, it is assumed that the purchaser has studied the provisions of this agreement.


§1 User

• In the context of this agreement, a user is any natural person or legal entity which purchases the picture / pictures in his/her/its own name.
• Where the purchaser is a natural person, then he/she is deemed to be the sole user of the picture / pictures and is therefore the sole owner of the present user license.
• Where the purchaser is a legal entity, this user license is valid for all members, partners or employees of that legal entity up to a maximum total of 30 persons. These persons are deemed to be users of this license in the context of this agreement. It is assumed that such persons have acquainted themselves with the provisions of the agreement and have accepted them without restriction.

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§2 User license

Under this agreement, rarepalmseeds.com (Am Schnepfenweg 57, 80995 Munich, Germany, mail@rarepalmseeds.com), grants the user a user license for the purchased picture / pictures subject to the following terms:
• All copyrights and associated rights are retained by rarepalmseeds.com.
• Use of the picture / pictures presupposes that the user has read and understood this licensing agreement and has accepted its provisions without restriction.

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§3 The user is entitled...

... to reproduce, display, adjust, amend and publish in digital form the picture / pictures with the sizes "Small", "Medium" and "Large" in the medium stated at the time of purchase and with the stated title.
... to reproduce, display, adjust, amend and publish in printed form the pictures with the sizes "Large" in the medium stated at the time of purchase (and all subsequent print runs) and with the stated title.
... to prepare two (2) back-up copies of the picture / pictures for the purpose of storage or archiving.

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§4 The user is not entitled...

... to use the picture / pictures on behalf of a third party who does not have a user license.
... to use the picture / pictures for any purpose other than that given at the time of purchase.
... to reproduce the picture as such for commercial purposes. The user is expressly warned that civil or criminal proceedings may be opened against him/her/it following any unauthorized commercial use on the grounds of infringement of copyright.
... to reproduce the picture as such for other persons, in particular through copying, or otherwise to make it available to others on the Internet, an Intra- or Extranet or through file-sharing.
... to use the picture / pictures for an immoral or illegal purpose.
... to sell or distribute the picture / pictures in association with a competitor product (relating to the picture / pictures).
... to rent out, sell, lend or in any other way transmit transfer picture rights.
... to use or process the picture / pictures in any way such as to infringe the property rights of third parties. The user is therefore wholly responsible for any use of the picture / pictures that may require specific permission from third parties with respect to the protection of property rights that might be asserted and are expressly excluded from the provisions of this license.
rarepalmseeds.com accepts no liability for any use that may infringe the rights of third parties.

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§5 Authors

• This license guarantees the user the copyrights of the photographers.
• In accordance with the provisions of the Copyright Act, the name of the photographer and of rarepalmseeds.com must be displayed in a suitable position for every use of the picture / pictures (e.g. in the site's legal notice or next to the picture / pictures).

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§6 Duration

• This user license remains in force for the entire duration of the use of the picture / pictures. The user license will be terminated if the user infringes the contractual conditions.
• Should the agreement be terminated, the user is obliged to destroy all copies of the picture / pictures in his/her/its possession.

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§7 Warranty

• rarepalmseeds.com guarantees the perfect quality of this picture / these pictures for a period of four weeks from the date of purchase.
• If, during this period, the purchaser reports a fault that has arisen through downloading or postal delivery, rarepalmseeds.com undertakes to replace the faulty picture / pictures.
• The warranty is limited to the picture / pictures as such. The warranty does not extend beyond this, and any risks involved in the editing or processing of the picture / pictures are the responsibility of the user.

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§8 Other

• If any provision of this licensing agreement should prove to be wholly or partly invalid or later become legally invalid, this shall not affect the validity of the remaining provisions.
• In all other matters, the General Terms and Conditions of rarepalmseeds.com shall apply in the version applicable at the point of sale of the picture / pictures.

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Please contact us without obligation at any time if you have any questions about the licensing agreement.

Last revised: 09.06.2005

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