The Licensee declares that he/she has read the General Terms and Conditions (hereinafter referred to as OWL) before using the Graphics, and that by accepting them, accepts them without reservation and concludes the Licence Agreement.
§ 1. DEFINITIONS.
1. OWL – shall mean the General Terms of licence determined by the Licensor pursuant to Art. 384 and the Civil Code, which govern the rights and obligations of the Licensor and the Licensee in relation to Use of the Graphics. OWL is available on https://oursafety.info
Licensor– shall mean Charles Tom Kasprzak; mailing address Słupsk (76-200); Grottgera 15.
Licensee – shall mean any entity with full legal capacity (in particular natural persons, legal persons and organizational units without legal personality but with legal capacity),which uses the Graphics on the basis of the Licence Agreement, and OWL.
Graphics– shall mean the entire contents of graphical files made available to the Licensee by the Licensor in relation to prevention, elimination and eradication of coronavirus (SARS-CoV-2 virus), as well as explanatory notes, which proprietary copyrights are entitled to the Licensor.
Use – shall mean access, download, copy and use of the Graphics.
Licence Agreement – shall mean an agreement that determines detailed terms and conditions to grant licences to Use the Graphics.
Licence – shall mean authorization granted by the Licensor to the Licensee to use the Graphics in accordance with the licence Agreement and OWL.
§ 2. GENERAL PROVISIONS.
The subject matter of the Licence Agreement is to provide the Licence for Use of the Graphics which constitutes a workpiece within the meaning of the Act as of 04 February 1994 on copyrights and related rights i.e. as of 06 June 2019; Journal of Laws as of 2019, item 1231.
The Licensor declares that it owns the proprietary copyrights to the Graphics and is entitled to conclude a Licence Agreement as the sole owner of these rights.
Upon approval of OWL, the Licence Agreement shall be concluded between the Licensor and the Licensee and then the Licence shall be granted.
Purchase of the License to Use the Graphics by the Licensee requires the Licensee to comply with the provisions of the Licence Agreement, OWL, as well as the legal regulations related to the Licence.
The Licensee acknowledges, and does not object as to the fact that:
The licence to use the Graphics does not make any obligation for the Licensor to provide any services related to them, including their printouts or technical support.
The Graphics may be used by the Licensee only for the purpose of prevention, elimination and eradication of coronavirus (SARS-CoV-2 virus) as well as education and promotion of actions related to it.
It is forbidden to use, modify, lease, or resale the Graphics as a potential source of income by the Licensee.
The Graphics have been developed in order to satisfy general market requirements; these may not respond to specific expectations and requirements of the Licensee.
§ 3. LICENCE AGREEMENT. SCOPE OF THE LICENCE.
Pursuant to the Licence Agreement, the Licensor hereby grants free of charge, non-exclusive, and non-transferable Licence to Use the Graphics to the Licensee to the extent indicated in section 2.5.2. of OWL, and areas of use indicated in section 3.4. of OWL. The Licensee does not obtain the rights to the Graphics basing on the transfer of copyrights in whole or in part.
The licence authorises to use the Graphics for an indefinite period of time, without territorial restrictions.
The Licensee may download the Graphics as .pdf and .png files from https://oursafety.info upon clicking „Download Files” icon and acceptance of OWL; such acceptance shall be tantamount to making a declaration of intent for conclusion of the Licence Agreement.
The licence entitles to use the Graphics to:
capture and reproduce the Graphics without any quantitative limitation, by any technique, including printing, digital, reprographic, electronic, magnetic recording, on any medium, including electronic media, in particular on boards, posters, leaflets, stickers;
enter the Graphics into the memory of computers and the Internet, as well as to transfer the Graphics within the Internet;
distribute the Graphics and make the Graphics available to the public (stage, display, replay).
The Licence shall include assignment of rights to capture or reproduce the Graphics by third parties.
Non-exclusive Licence shall mean that the Licensor – as a holder of proprietary copyrights to the Graphics – shall be still authorised to use the Graphics for the purpose indicated in section 2.5.2. of OWL and for any other purpose selected by the Licensor in any manner and to any extent.
The Licensee shall not authorise any other person to use the Graphics to the extent of acquired Licence (No Right to Sub-licence).
If an error is detected in the files containing the Graphics, the Licensor shall make efforts to eliminate incompatibilities; however removal of such error cannot be guaranteed. All detected errors shall be reported to [email protected]
§ 4. OBLIGATIONS OF THE LICENSEE
The Licensee shall be obliged to use the Graphics in compliance with legal regulations, principles of good mores, and OWL.
The Licensee shall neither have any right to interfere with the Graphics, specifically modify, remove, or cover individual elements of the Graphics except for alteration of the Graphics dimensions nor have any right to create derivative workpiece.
Specifically, the Licensee shall be required to receive prior written consent to:
use the Graphics in order to create competitive files;
make entire or part of the Graphics available to any third parties in any form.
The Licensee shall not take any direct or indirect actions that could infringe the Licensor’s copyrights.
The Licensee shall not make the Graphics available or use the Graphics in any form to the benefit of third parties in order to make profits by the Licensee and/or third parties.
The Licensee shall be obliged to assure the highest degree of professional care and conduct to protect and secure the Graphics against non-authorised access by third parties. The Licensee shall notify the Licensor about all events related to access or use of the Graphics by any non-authorised third party.
§ 5. LIABILITY
Any tort and contractual liability of the Licensor shall be excluded in so far as is legally permitted (subject to imperative provisions of the Civil Code).
The Licensor shall neither be liable particularly for loss arising due to defective or damaged Graphics files nor for loss due to non-compliant or non-professional application of files that include the Graphics, improper use of files, specifically for resulting non-professional modifications to downloaded files that have been carried out without consent from the Licensor.
The Licensor shall not be liable for infringement of copyrights and other regulations resulting from Use of the Graphics by the Licensee in a manner contradict to provisions of the Licence Agreement and OWL.
The Licensor shall neither be liable for claims from third parties arising as a result of Use of the Graphics by the Licensee nor as a result of Use of the Graphics by non-authorised third parties to the detriment of the Licensee.
In case of taking legal actions by a third party against the Licensor in relation to claims for loss incurred by such a party with reference to the Graphics, the Licensee shall be obliged to act in the court jointly with the Licensor, under applicable laws, and support the Licensor in the course of such proceedings, and pay all amounts related to such proceedings including compensations, court fees, legal representation costs, etc.
§ 6. TERMINATION AND EXPIRATION OF THE LICENCE
The parties may terminate the Licence Agreement at any time as arranged by the Parties.
Each Party may terminate the Licence Agreement in compliance with one-month notice period effective as at month-end.
The Licence shall expire automatically without necessity to make additional statement by the Licensor in case of infringement of any provision of OWL by the Licensee, specifically in case of infringement of the Licensor’s copyrights.
In case of termination of the Licence Agreement in any manner or in case of expiration of the Licence Agreement, the Licensee – without demand being made therefore by the Licensor – shall remove the Graphics from the Licensee’s plant, websites, social media profiles and other locations, in which these were placed, within 7 days upon expiration or termination of the Agreement.
Despite termination of the Licence Agreement, the Licensee shall have right to use the Graphics recorded on data storage media unless such recording was carried out throughout the term of the Agreement.
§ 7. FORCE MAJEURE
The Licensor shall not be liable for non-performance or improper performance of obligations under the Licence Agreement and OWL, if such non-performance or improper performance is due to circumstances beyond its control, despite exercising due diligence (Force Majeure). The foregoing circumstances, as referred to in the previous sentence, shall be considered specifically as: acts of nature, disruption in social order such as strikes and riots, official actions, epidemics and others unforeseeable, unavoidable, and resulting in very serious consequences events.
Occurrence of such events shall release the Licensor from obligation to respect commitments under agreements concluded for the duration of the disruption and its impact. The Licensor shall inform the Licensee of the situation as soon as possible and to do everything in the Licensor’s power to fulfil obligations on the basis of good faith, as far as the conditions of the situation allow it.
§ 8. SEVERABILITY
Should any provision of the OWL be declared invalid, illegal or unenforceable for any reason, the remaining provisions of OWL shall be fully binding and effective as if OWL and the Licence Agreement had been in force without such invalid, illegal or unenforceable provision. Invalid provisions shall be replaced with relevant provisions of Polish law.
If the extent of invalidity or non-enforceability prevents from achieving the purpose of the Licence Agreement, the Licensee and the Licensor shall be obliged to enter immediately into negotiations in good faith to replace the invalid or unenforceable provision with such valid and effective provision that corresponds as far as possible to the intention of such replaced provision.
§ 9. FINAL PROVISIONS
The parties agree that amendments to OWL made by the Licensor do not require notification to the Licensee and that they have legal effect from the moment they are published on the Licensor’s website.
Unregulated provisions of OWL shall be governed by Polish law, in particular the Civil Code and the Act on Copyright and Related Rights.
Any disputes arising under the Licence Agreement shall be settled amicably, and in case of disagreement within 30 days, all disputes shall l be settled by the Court in Słupsk.
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