Utilisation agreement

§ 1 Subject matter of the contract

This licence agreement regulates the transfer and use of motifs which the licensor makes available to

JUNIQE GmbH for use on its Internet pages to the extent regulated below.

Motifs are understood to be all representations, in particular of a pictorial nature, which the licensor

has created and which are protected by copyright.

The Licensor agrees to this licence agreement as part of his online registration on the JUNIQE GmbH

website.

§ 2 Granting of rights

The Licensor grants JUNIQE GmbH the non-exclusive, spatially and temporally unlimited right to

produce, use, publish, make publicly accessible, reproduce and distribute all motifs provided to it and

to affix them or have them affixed to other products and to produce, use, publish, make publicly

accessible, reproduce and distribute these products in turn.

The granting of rights also includes the right to process and the right to grant sub-licences so that

third parties, in particular customers of JUNIQE GmbH, can also use these motifs and apply them or

have them applied to third-party products.

JUNIQE GmbH is also authorised to use the motifs for advertising purposes (online and offline) and

on packaging material.

However, JUNIQE GmbH is under no obligation to use and/or publish and/or distribute and/or utilise

the motifs provided.

The Licensor waives the right to be named by JUNIQE GmbH and/or its customers as the author of

the motifs used by them.

§ 3 Licence fees

The Licensor shall receive a licence fee if and to the extent that the motif provided is actually used by

customers of JUNIQE GmbH, for example by applying it to other products and these are then

purchased by the customer. The basis for calculating the licence is the actual sales price (net) of the

product provided with the motif less any discounts granted. The exact amount of the licence can be

found in the commission model of JUNIQE GmbH, which is part of this usage agreement and can be adjusted

regularly.

The licence fees are invoiced and paid once a month after the end of the previous calendar month.

An entitlement to payment of the earned licence only arises from a total commission amount of at

least EUR 10.00 net. Payment shall be made by bank transfer to the Licensor's bank account or

PayPal account.

The licensor's claim to payment of a licence fee shall lapse retroactively if the customer cancels his

contract with JUNIQE GmbH and returns the goods provided with the motif to JUNIQE GmbH as a

result.

§ 4 Rights ownership

The Licensor warrants that it is the owner of all rights of use and exploitation rights to the motif

provided and that no third-party property rights exist in respect thereof. He assures that he has

created the provided motif himself.

The Licensor further warrants that the motif provided does not violate any statutory provisions and,

in particular, does not contain any criminal content.

The Licensor shall indemnify JUNIQE GmbH against all claims of third parties arising from the

infringement of industrial property rights of third parties and/or due to violation of other statutory

provisions. This liability shall also include the costs of JUNIQE GmbH's own legal defence in the event

that such third-party rights are asserted.

In the event of the assertion of third-party property rights, JUNIQE GmbH is also entitled to take the

provided motif offline immediately until the legal situation has been finally clarified. Furthermore,

JUNIQE GmbH is entitled in this case to withhold licence fees from the licensor to an appropriate

extent until the legal situation has been finally clarified.

§ 5 Liability

JUNIQE GmbH shall be liable without limitation insofar as the cause of the damage is based on an

intentional or grossly negligent breach of duty by JUNIQE GmbH or a legal representative or vicarious

agent of JUNIQE GmbH. Furthermore, JUNIQE GmbH shall be liable for the slightly negligent breach

of essential contractual obligations. An essential contractual obligation in this sense is one whose

fulfilment is essential for the proper execution of the contract and on whose compliance the Licensor

may regularly rely. In this case, however, JUNIQE GmbH shall only be liable for the foreseeable

damage typical for the contract. JUNIQE GmbH shall not be liable for the slightly negligent breach of

obligations other than those mentioned in the preceding sentences. The above limitations of liability

shall not apply in the event of injury to life, body or health, in the event of the assumption of an

express guarantee and in the event of liability under the Product Liability Act.

Insofar as the liability of JUNIQE GmbH is excluded or limited, this shall also apply to the personal

liability of employees, representatives and vicarious agents of JUNIQE GmbH.

§ 6 Term

This licence agreement is concluded for an indefinite period.

It can be cancelled by either party with a notice period of four weeks to the end of a calendar

quarter. Irrespective of this, both parties are authorised to remove any motifs provided from the

JUNIQE GmbH website at any time.

§ 7 Final provisions

There are no verbal collateral agreements. Amendments and additions to this licence agreement

must be made in writing to be effective. This also applies to any amendment to the written form

requirement itself.

With the conclusion of this licence agreement, existing regulations between the licensor and JUNIQE

GmbH are cancelled insofar as they contradict or conflict with the regulations of this licence

agreement.

Conflicting usage or licence agreements of the licensor shall not apply.

If the Licensor is a registered trader or a legal entity under public law, the place of fulfilment and

exclusive place of jurisdiction for all claims arising from or in connection with this licence agreement

is Munich. Munich shall also be the place of jurisdiction if the Licensor has no general place of

jurisdiction in Germany.

The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on

Contracts for the International Sale of Goods.

Should individual provisions of this licence agreement be or become invalid in whole or in part or

contain a loophole, the validity of the remaining provisions shall remain unaffected. In such a case,

the parties undertake to replace the ineffective or incomplete provision with a provision that comes

as close as possible to the originally intended provision while safeguarding the interests of both

parties.