General and Special Terms and Conditions of Trade


General Terms and Conditions of Trade




1. Scope of these General Terms and Conditions of Trade, Changes

1.1 The following terms and conditions (hereinafter called GTC) apply to the provision of services (in the following referred to as Services) which Framepool AG (hereinafter referred to as "Framepool") makes available to the contractual partner (in the following referred to as the "Customer"). They also apply to any information, advice and other Service supplied by Framepool in connection with the Services.

1.2 The Customer is notified of changes to these general terms and conditions, in particular the performance specifications and the price list, when he uses the Framepool Internet portal. They become valid at the latest when Film Material is ordered. In the event of changes to the detriment of the Customer, the Customer may terminate this contractual relationship with immediate effect.

1.3 The Customer's general terms and conditions do not apply, even if Framepool does not expressly oppose them.

2. Definitions

Abstract: Sections taken from the Film Material and corresponding data, in particular data for systemising and cataloguing, and producer data incl. the FP code identifying the Film Material.

Clause: Together with the following digit it refers to sections of this GTC, or, if used in the STC (see definition below), the respective section of the STC.

Database: Database set up by Framepool for the purpose of online marketing of Film Material.

Film Material: Uncut raw material and films, regardless of whether they are copyrighted or otherwise legally protected, which may become the subject of a Licensing Agreement.

FP code: Serves to clearly identify a shot.

License: The Customer's rights which result from a Licensing Agreement.


Licensed Territory: Territory in which the Rights of Use which have been granted may be exercised.

Licensed Language: Language which may be used to dub, voice-over, sub-title or comment on the licensed Film Material.

Licence Term: Length of period during which the Rights of Use which have been granted may be exercised.

Licensing Agreement: The contract between the Licensor and the Customer regarding the use of Film Material which was concluded through the agency of Framepool.

Licensing Fee: Fee owed to the Licensor for granting the Right of Use; any applicable VAT shall be owed in addition.

Licensor: Contractual partner of the Customer when a Licensing Agreement is concluded through the agency of Framepool.

Logging: Processing Film Material for producing abstracts and formats suitable for network distribution.

Motion Picture: The film or motion picture created by making use of the Film Material identified in the Licensing Agreement.

Rights of Use: The rights to use Film Material as described in Clauses 1 through 6 of the Special Terms and Conditions, licensed through the agency of Framepool.

Special Terms and Conditions of Trade: Those terms and conditions which shall govern the Licensing Agreement (hereinafter also: STC)

Shot: Series of frames without cut.

3. Agreement between Customer and Framepool

The Customer may register with Framepool via an Internet connection, by entering a self chosen user alias, his name and his email address. He will then receive a Framepool password via email, which will enable him to access the range of Services offered by Framepool. As soon as the Customer uses any of the Services, the contractual relationship incorporating these GTC and the price list becomes effective.

4. Framepool Services

4.1 Framepool Services include:

4.2 Access to Framepool Services is deemed to have been granted as soon as the Customer uses, for the first time, the user name and password made available to the Customer by Framepool.

4.3 Framepool Services are in principle offered 24 hours a day, 7 days a week, 365 days a year; however, they are limited to an average availability of 85% of a year. Transmission problems which are due to defective connections of network providers not commissioned by Framepool are not included in this figure.

4.4 Framepool is allowed to interrupt and limit the time for the provision of Services, insofar as this is necessary for reasons of public safety and in order to carry out operationally-necessary work and reduce failures. Framepool will take the Customer's interests into consideration as far as possible.

4.5 The agreed availability times only apply on the condition that the Customer meets his obligations in time and in full.

4.6 If Framepool lends out to the Customer software which facilitates the selection and ordering of Film Material and enables the cutting of film streams, such software may only be used by the Customer and may not be modified. The Customer must cease using and delete the software, when he terminates the Customer relationship with Framepool.

5. Customer's Obligations, Back-Up of Data

5.1 The Customer shall, at his own cost, create and maintain the technical, organisational and contractual conditions for his Internet access, including sufficient speed of data transmissions.
Framepool is authorised to interrupt online transmission of Film Material, if the Customer's Internet connection does not operate with sufficient speed for data transmissions.

5.2 The cost of Internet access and usage shall be born by the Customer.

5.3 Any use of the Services shall be in compliance with applicable law. The Customer must not misuse Services. He shall observe nationally or internationally protected copyrights, Rights of Use on copyright and other ancillary rights which apply to the Film Material, and only utilise these within the framework of the li-censing agreements concluded through the agency of frame-POOL. The Customer will observe the copyrights and related industrial property rights of Framepool with regard to the database, its contents and structure and only make use of them within the framework of these GTC.

5.4 The Customer does not acquire any rights or Rights of Use regarding Film Material by downloading, processing or paying the charges for the download for preview purposes. Insofar as the Customer downloads Film Material to preview it, he may make use of it solely personally and for the purpose of selecting suitable material for the intended use; he must leave all markings affixed by Framepool in place. It is not admissible to disseminate, copy or pass on Shots downloaded from the Database unless an appropriate license is obtained.

5.5 The Customer may not make use of the Film Material obtained through the agency of Framepool in order to create information material with illegal contents. This includes in particular information and portrayals which

5.6 The Customer must not use the Film Material licensed through the agency of Framepool in any manner other than that expressly allowed by the Licensing Agreement, regardless of whether it is legally protected in its specific form. An extension of Rights of Use is possible at any time by means of a Licensing Agreement.

5.7 The Customer bears the sole responsibility for the Motion Picture created by using Film Material licensed through the agency of Framepool, and the utilisation of the respective Motion Picture. Publication of images of people included in the Film Material is only allowed without the consent of the people depicted if these
or Framepool has expressly in writing represented that those concerned have agreed to the intended purpose. The responsibility of the Licensor and Framepool with regard to the Film Material in its original form as delivered to the Customer remains unaffected.

5.8 It is incumbent upon the Customer to implement security measures against transmission errors, operating failures and loss of data which he deems to be worth preserving for economic or other reasons. The Customer shall backup this data on a regular basis, even if it was

5.9 The Customer shall, upon the first request, hold Framepool harmless from all claims lodged by third parties against Framepool due to the Customer infringing his duties vis-à-vis Framepool.

6. Access Codes, Utilisation by Third Parties

6.1 It is solely the Customer who is allowed to make use of the access codes required for online access. If he should allow third parties to use these access codes he has to take responsibility for their actions as if he himself had made use of access codes. This applies accordingly, if the Customer allows several users to register with different access codes on his account, and if one of the authorised users appointed by himself allows a third party to make use of his or any other of the Customer's access codes.

6.2 Rights and obligations arising under the contract can only be assigned to third parties with the explicit written consent of Framepool.

6.3 The Customer must immediately modify the access codes required for accessing Services, if he has reason to believe that these have become known to unauthorised third parties or that third parties are making use of Services with his access codes.

7. Licensing of Film Material chosen by the Customer, Licensing Fee

7.1 A Licensing Agreement between the Customer and the respective Licensor(s) comes into effect pursuant to the provisions of the Special Terms and Conditions (STC). Nothing in this GTC shall be construed as a License grant.

7.2 If a Licensing Agreement between the Customer and the respective Licensor(s) comes into effect pursuant to the Special Terms and Conditions, the terms of the applicable order form take precedence over the STC, and the STC take precedence over the GTC, insofar as they would otherwise be contradictory. The limitations of liability included in these GTC for the benefit of Framepool shall also apply to the relationship Customer/Licensor to the benefit of the Licensor.

8. Charges, Framepool Service Fees
Framepool shall receive from the Customer:
The Price List and any amendment or changes to it shall be made known in the same manner as changes and amendments to this GTC.
The Customer owes Framepool these fees in addition to the Licensing Fee.

9. Invoicing and Terms of Payment, Current Account Agreement, Default in Payment

9.1 Billing, Due Date
The Licensing Fee and the fees owed to Framepool are invoiced and collected by Framepool. They become due for payment upon invoicing, insofar as no later due date has been agreed in writing.

9.2 Invoicing Utilisation by Third Parties
In case any third party uses the access codes required for accessing the Services, the Customer owes the Licensing Fee and the fees owed to Framepool even if utilisation was unauthorised, unless the Customer is not responsible for this utilisation. The Customer is responsible for utilisation by third par-ties, in particular if he installs or saves his personal access codes on appliances belonging to third parties. The Customer bears the burden of proof that he is not responsible for utilisation.

9.3 Setting-off Claims
The Customer can set off against claims by Framepool as well as against claims collected by Framepool on behalf of Licen-sors(s) only counter-claims which are undisputed or adjudicated in a legally binding manner.

9.4 Right of Retention
The Customer is entitled to assert the right of retention, insofar as it is based on the same contractual relationship, and insofar as the statutory regulations provide such right.

9.5 Invoicing the fees for data transmission to enable previews
The fees for data transmission enabling previews are calculated by Framepool at the end of each month on the basis of actual utilisation and are charged to the Customer. The data on actual utilisation (utilisation data) is transmitted to the Customer together with the bill. The utilisation data is deleted 80 days after sending out the detailed bill, unless the claim for fees is contested during this term or not settled despite a request for payment. In this case, the utilisation data is stored for as long as it takes to finally resolve the objections. This does not apply if the Customer, upon mailing of an invoice, demands that this data be deleted at the latest when an invoice is sent out. If a Customer demands full storage in accordance with § 6 clause 4 TDSV (German Data Protection Regulation on Tele-Services) the data is not deleted upon expiry of the term of 80 days.

9.6 Objections against statement of account and invoices, time limit for objections
Objections against a statement of account or invoice have to be made in writing directly to Framepool. If no objections are lodged within a term of six weeks from receipt of the statement of account or an invoice or payment or collection of the invoice amount, objections against the invoicing of Services are deemed to be excluded.
If the Customer was prevented without fault from lodging an objection within the time limit, he is allowed to lodge the objections within two weeks after the obstacle no longer applies, at the latest within 80 days after the detailed statement was sent out, whereby objections against the statement of account are not allowed to the extent that they are based on invoices and statements of account for which objections are excluded due to lapse of time.
Insofar as no utilisation data was stored for technical reasons or upon the Customer's request or stored utilisation data was deleted upon the Customer's request or due to legal obligations, Framepool does not have an obligation to present evidence for utilisation.

9.7 Direct Debit Authorisation, Costs of Return Debits
Fees which are due shall be collected from Customers' accounts by direct debit or by debiting the credit card account provided by the Customer, unless otherwise agreed in writing. The Customer shall grant Framepool appropriate authorisation in writing separately. If the Customer does not give or revokes authorisation, Framepool shall charge an appropriate processing fee for the resulting additional administrative expenditure, which is equivalent to the costs arising from this.
For cases of return debits due to incorrect account details having been quoted or a lack of funds on the account or other reasons arising in the Customer's sphere, Framepool shall charge a processing fee amounting to EUR 10.00 per debit plus the bank fees charged to Framepool for the return debits.

9.9 Default in Payment
If the Customer is in default with regard to settling due claims of Framepool or the Licensor, interest is charged on these claims from the start of default at a rate of 10 % p.a.. Framepool shall charge a processing fee of EUR 10.00/reminder for any reminders issued.

10. Liability, Warranty

10.1 Framepool is liable

10.1.1 for damages which are due to a deliberate or grossly negligent actionable tort or a deliberate or grossly negligent violation of contractual or pre-contractual obligations by Framepool or a legal representative or vicarious agent of Framepool,

10.1.2 in the case of culpable violation of substantial contractual obligations, however, subject to the proviso that liability, insofar as none of the cases from clause 10.1.1 applies, is limited to compensation for foreseeable damages typical to the contract and to the maximum amount of liability quoted in clause 13,

10.1.3 according to the provisions of the Statute on Product Liability,

10.1.4 as an agent in accordance with § 179 clause 2 BGB (German Civil Code), in compliance with clause 10.3,

10.1.5 for any software lent to the Customer in accordance with statutory regulations.

10.2 Force majeure
Framepool is exempt from any obligation to perform in cases of force majeure. Force majeure encompasses all unforeseeable events as well as events which, although they themselves were foreseeable, have effects on performance of the contract, which could not be prevented by reasonable efforts on the side of Framepool. This includes in particular lawful measures in the course of labour disputes, including those at plants of third parties, as well as measures by government offices.

10.3 Warranty
Framepool warrants, without guaranteeing it, to have been commissioned by the respective Licensor to market the Film Material. The Licensor warrants, without guaranteeing it, to be entitled to license the Rights of Use. If a third party claims that the contractual use of Film Material licensed by agency of Framepool infringes said third party's rights, the Customer shall
Framepool shall at its own option either (1) conduct the legal dispute with the claimant at its own cost or (2) offer the Customer a license for replacement material for his use, for which no rights of third parties apply or (3) reverse the licensing agreement.
In the event of further claims by the Customer:
Such claims by the Customer are - with the exception of the following sentence - directed exclusively against the individual Licensor in question, which Framepool will in such case immediately name to the Customer upon his request. Should Framepool have acted as an unauthorised representative and the Customers claim be based on this reason, the Customer's claims are exclusively directed against Framepool, and any liability by Licensor is excluded. Insofar as claims by the Customer are directed against Framepool and/or the Licensor shall be limited as provided, in Clause 13 applies. Insofar as claims by the Customer are directed exclusively against the Licensor, and any liability by Framepool is excluded.

10.4 Exclusion of Technical Defects
The Customer concludes the Licensing Agreement after diligently selecting from the shots he can view online. Framepool's warranty for the shot is therefore limited to the digital copy supplied to the Customer being free from technical faults and corresponding with the copy which is available online. The Customer's warranty right is limited to a substitute delivery of technically faultless material.
In the event of the substitute delivery failing, the Customer has the right to rescind the Licensing Agreement for the shot in question.

10.5 Unlimited statutory liability
Statutory liability for deliberate infliction of damage, warranted quality, malice and deficiencies in title remains unaffected.

11. Default by Framepool
In the event of default by Framepool the Customer is entitled to the remedies provided by law. Liability for damages is, insofar as there is no case of intent or gross negligence by Framepool or intent or gross negligence of a vicarious agent of Framepool, limited to foreseeable damages typical to the contract and a maximum amount of liability as mentioned in Clause 13.

12. Term of GTC, Notice of Termination, Blocking Access to Services

12.1 The contract is concluded for an indefinite period of time.

12.2 The Customer may give notice to terminate the contract with immediate effect at any time. Notice must be given in writing. From the time Framepool receives the Customer's declaration of notice Framepool is authorised and obliged to discontinue Services for the Customer as soon as technically possible. Framepool is authorised to give notice to terminate the contract with a term of one month's notice to the end of a calendar quarter.

12.3 The contractual partners' right to termination for cause without notice remains unaffected. Framepool is in particular authorised to declare termination for cause if the Customer acts in gross violation of the contract, in particular if he uses shots in violation of the contract, e.g. contrary to clause 5.5, makes use of Services by Framepool with fraudulent intent, violates penal provisions during use or if there is strong suspicion to this effect.

12.4 Framepool is authorised to block access if the Customer

12.5 In the case of notice of termination, the provisions of these GTC shall, insofar as they became part of a licensing agreement, remain effective. Claims for fees by Framepool and the Licensor remain unaffected by notice of termination of this contract or a ban.

13. Maximum Amount of Liability

13.1 Liability is limited to the maximum amount of liability in accordance with Clause 13.2 through 13.4 in those cases given explicitly named hereinmention.

13.2 Framepool's liability for damage caused by Services shall be restricted to the 5-fold sum of the average monthly fees the Customer paid to Framepool for Services (not including the fees owing to the Licensor); the calculation of the average monthly fees is based on the full 12 months preceding the case of liability; if this contract was concluded less than 12 months prior to the case of liability, all full months preceding the case of liability shall be used as a basis for the calculation.

13.3 In the event of a loss of data, the maximum amount of liability is limited to expenditure for restoration when back-up copies are available.

13.4 Should Licensor not be the rightful licensor of the Rights of Use licensed to Customer or not be in a position to grant those rights, the liability of Licensor and Framepool is restricted to an amount equalling the License Fee paid by Customer for the respective Rights of Use prior to the date of any applicable claim in respect thereof.

14. Exclusion of Additional Rights of the Customer and any other Liability by Framepool
With the exception of the rights the Customer is granted under the German Federal Statute on Data Protection (BDSG), the German Statute on Data Protection for Tele-Services (TDDG) and the German Data Protection Regulation on Tele-Services (TDDSV), all rights of the Customer not explicitly conceded in the GTC are excluded, for example, the right to withdraw, give notice, rescind the contract or demand a reduction of the price as well as indemnification for damages of any kind - regardless of the legal basis, in particular also including impossibility, default, actionable tort, breach of contract, warranty, negligence in contracting.

15. Data protection

15.1 Personal data of the Customer is only collected, processed or used, insofar as the person involved has given his or her consent or the Federal Statute on Data Protection (BDSG), the German Statute on Data Protection for Tele-Services (TDDG) and the German Data Protection Regulation on Tele-Services (TDDSV), or another legal provision orders or allows this.

15.2 Framepool advises Customer that, in order for individualised Services to be rendered, data in the form of so-called cookies, is for technical reasons stored on his computer when he accesses Framepool Services

16. Survey with Regard to Financial Standing
Framepool is entitled to make enquiries with third parties, in particular credit bureaus (such as Creditreform, SCHUFA - German creditors' protection agency). Furthermore, Framepool is allowed to transmit data on the Customer resulting from non-compliance with the contract (e.g. default summons applied for in the case of undisputed claims, granted enforcement order, execution measures) to such credit bureaus. Insofar as such data from other Customer relationships becomes available to such credit bureaus during the Customer relationship, Framepool will be informed. This transmission of data only takes place, insofar as this is required to safeguard legitimate interests of Framepool, the Licensors or those of a contractual partner of the credit bureau or the general public without harming legitimate interests of the Customer.

17. Other agreements

17.1 The invalidity of individual clauses of this GTC does not affect the validity of the remaining provisions and the contractual relationship. The invalid provision shall be replaced by an appropriate provision which - within the framework of what is legally admissible - comes closest to the purpose of the invalid provision.

17.2 Changes and addenda to the Licensing Agreement and those to the STC must be made in writing.

17.3. The contract between Framepool and the Customer is governed by the laws of the Federal Republic of Germany, with the exception of the Convention on the International Sale of Goods (CISG).

17.4. Place of jurisdiction and place of performance is the registered office of Framepool.



Special Terms and Conditions of Trade for the use of Film Material




If Framepool receives an order form which shows

a Licensing Agreement between the Customer and the respective Licensor(s) becomes effective upon confirmation of this order by Framepool, incorporating the content of the order form (hereinafter: Order Form) and the STC as listed hereinafter as well as the GTC for Framepool Services. The provisions of the Order Form have priority over the GTC and STC, and the STC in turn precede the GTC, insofar as they would otherwise be contradictory.

1. Content and Limitations of the Rights of Use, Definitions
a) Right of Making Available:
 The Right of Making Available is the right to make the Film Material - stand alone or after incorporation into a film - in all types and forms available for streaming and viewing via the Internet or by comparable electronic distribution channels in such a way that local storage of the film material is not possible on a permanent basis.
b) Right to Edit Film Material :
 The Right to Edit Material encompasses the right to change, to amend and to modify the Film Material identified on the Order Form in full or in part, in particular to shorten, split and mix it with other productions, to transfer it into other work formats or analogue technology and integrate it one-time into a new motion picture to be created by the Customer. The Customer is obliged to notify Framepool of the final title of the new motion picture as soon as it is completed and also to provide information on how the Film Material was positioned within the motion picture.
c) Motion Picture:
 The motion picture created by making use of the Film Material identified in the Order Form and by exercising the Right to Process this Film Material. The Customer acquires the rights to the resulting Motion Picture which he is legally entitled to. Framepool and the Licensor have no rights to the Motion Picture; however, the rights of the Licensor and of Framepool to the Film Material in its isolated form which was used in the Motion Picture remain unaffected.
d) Right to Broadcast:
 The right to broadcast is the right to utilise the Film Material as part of the Motion Picture in all types and forms of utilisation for TV purposes, including Pay TV and video on demand, and in particular to broadcast it via cable, wireless, by satellite or any other technical broadcasting methods. The right to broadcast includes one broadcast and one re-run within 48 hours, unless a larger number of broadcasts was used as a basis for pricing when the rights were acquired.
e) Right to Perform:
 The right to perform is the right to make the Film Material perceptible to the public as part of the Motion Picture by technical installations. The Right to Perform applies to all film formats and other image/sound carriers and comprises commercial and non-commercial performances.
f) Videogram Right:
 The videogram right is the right to copy, rent out or distribute the Motion Picture on all types of image/sound carriers, the sale, renting out and distribution of these individual copies.
g) License Term and Territory
 Rights of Use are limited to the term of license named in the Order Form (License Term). If no License Term is indicated, the License Term is one year following initial utilisation, at the most two years following conclusion of the License Agreement, unless a different term results from the specific Rights of Use agreed. Rights of Use are only granted for those territories which were named in the Order Form (License Territory). The Right to Make Available is only granted for the licensed language named in the Order Form.

2. Right to Use Film Material for a Breaking News Cast
 The Right to use Film Material for Breaking News encompasses the Customer's Rights to Edit and to Broadcast the Film Material identified on the Order Form as part of a breaking news cast. It includes any number of broadcasts, but expires one month after the rights were acquired.
Film Material is used for breaking news if it shows the subject of the news in a shot which cannot be redone and is broadcasted as part of a news programme, a news magazine or special report on current af-fairs.

3. Right to Use Film Material as part of a Motion Picture
 a) TV
 The Right to use Film Material as part of a TV programme encompasses the Customer's Right to Edit the Film Material identified on the electronic Order Form for inclusion in one (1) Motion Picture which does not serve the purpose of reporting on current affairs as well as the Right to Broadcast the respective Motion Picture. If the Motion Picture created in this manner is used for a Breaking News Cast, the Licensing Fee for the Right to use Film Material for Breaking News is owed in addition to the Licensing Fee for use as part of a Motion Picture.
b) Movie
 The Right to use Film Material as part of a Movie encompasses the Customer's Right to Edit the Film Material identified on the electronic Order Form for inclusion in one (1) Motion Picture which does not serve the purpose of reporting on current affairs as well as the right to broadcast, the Right to Perform and the Videogram Rights to the Motion Picture created in this manner for a period of seven years and any number of screenings world-wide.
c) No re-creation
 The Customer is not allowed to re-create an already existing production protected by copyright, by making use of the Film Material, not even if it is based on the same raw material.
d) Approval requirements
 If the name of the producer of the Film Material and/or the cameraman was shown on the electronic Order Form, and the new film production to be created is essentially to consist of Film Material which was produced by this producer or this cameraman, the making of a of newly created film production by utilising the material requires express written approval to have been given by this producer and/or cameraman in advance. A film production essentially consists of Film Material created by a producer or a cameraman if seventy-five percent or more of it is created from such Film Material.

4. Right to Use in a Commercial
 The right to use Film Material as part of a Commercial TV Spot encompasses the Customer's Right to Edit the Film Material identified on the electronic Order Form to create a (1) Motion Picture for commercial advertising purposes, which has a length of no more than two minutes, as well as several short versions derived from the Motion Picture, and the Right to Broadcast the Motion Picture created in this manner and its short versions for any number of screenings as well as the Right to Perform and the Videogram Rights.

5. Industrial Film/Intra-Company Use
 The right to use Film Material as part of industrial films encompasses the Customer's Right to Edit the Film Material identified on the electronic Order Form to create a Motion Picture serving internal training and reporting purposes for employees or customers of a specific company. Such Motion Pictures may be broadcasted via an internal cable network or performed at company events and public trade fairs.

6. Right to use Film Material for Web-Streaming
 The right to use Film Material for web-streaming encompasses the Customer's right to process the Film Material identified on the electronic Order Form for inclusion in one (1) Motion Picture, the right to encode this Motion Picture in any webstream-capable format, as well as, with regard to the Motion Picture created, the Right of Making Available.

7. Pitch
 If a Customer orders Film Material for the purposes of an internal presentation, which is intended to enable his customers to select Film Material (Pitch), he does not acquire any rights to use this Film Material; any use of this material beyond the pitch is excluded.

8. Exclusive rights
 If the Customer acquires a right exclusively, Framepool and the Licensor shall not grant any third party the respective right to use the Film Material in question, not even non-exclusively for the intended purpose and period in question.

9. Legal Limitations, Copyright and Performing Rights Societies
 The Rights of Use granted to the Customer do not comprise third parties' rights to legally protected works and performances depicted or otherwise appearing in the Film Material. The Customer will discharge these rights, even if they are assigned to performing rights societies (GEMA, VG Bild-Kunst etc.). This applies accordingly for the discharge of moral rights of people depicted in the Film Material and possible claims by persons involved in the production of the Film Material, insofar as these can be asserted exclusively by Copyright or Performing Rights Societies.
Insofar as the Licensor has indicated any limitations for use on the electronic Order Form, the right granted to the Customer is limited accordingly.

10. Delivery of the Film Material, Return of Delivery Material
 Framepool delivers the Film Material to the Customer via the channel and in the data format shown on the electronic Order Form.
After use of the Film Material in compliance with the License Agreement, Customer shall return to Framepool free of charge the Film Material and all copies made therefrom, or, in case of magnetic recordings - erase or destroy the recordings and notify Framepool accordingly. This does not apply to those parts of the Film Material which became part of the Film Work licensed and the copies of the respective Film Work.

11. Calculation of the Licensing Fee
 The Licensing Fee is calculated on the basis of the length of the Film Material used by the Customer, the type of intended purpose, the number of intended broadcasts, the License Term and License Territory, in the case of webstream-capable material the number of language versions used, as well as the price category of the Film Material and is displayed to the Customer on the electronic Order Form before the order is placed. When he places his order, the Customer accepts the Licensing Fee and the fees owed to Framepool.

12. Original Sound Track, Atmospheric Sound
 The Film Material only comprises original sound track or atmospheric sound if this is indicated in the ordering process.

13. Confirmation of the Usage of Film Material
 After having created the Motion Picture the Customer shall immediately forward information on the final title of the Motion Picture, the positioning of the Film Material within the Motion Picture, the intended dates for broadcasting and, if he licensed the rights in the Motion Picture to a third party, name and address of said third party to Framepool. Upon Framepool's request, the Customer shall send a specimen copy on VHS, if the Film Material makes up more than 5 % of the film production or exceeds a total of 2 minutes.
If Framepool explicitly granted to the Customer a right to receive a credit for Film Material ordered but not used, the Customer shall receive upon Confirmation of the Usage of Film Material a proportionate credit if Customer together with the confirmation returns to Framepool the Film Material not used or confirms in writing its destruction. The credit shall equal the delta between the License Fee originally agreed and the License Fee the Customer would have owed if he had from the outset acquired the Rights of Use actually needed, however, the credit shall not exceed 80% of the License Fee originally agreed. When calculating the credit, the License Fee for each single Shot actually used shall be calculated as having a duration of at least 6 seconds, but at least 10 seconds for each order per price class. A credit shall not be given if the Usage of Film Material is not confirmed within 4 weeks after delivery of the Film Material to the Customer.

14. Subsequent Acquisition of Additional Rights, Charges
 The Customer may offer to Framepool the acquisition of additional Rights of Use, in particular the extension of the License Term and/or License Territory, and/or an increase in the number of broadcasts/re-runs, by referencing the original Order Form.
If Framepool, acting as representative for the Licensor/s, accepts such offer, the Licensing Fee for such extension is calculated on the basis of the delta between the Licensing Fee originally charged and the Licensing Fee which would have been charged, if the Licensing Fee had been calculated on the basis of the later extended scope of use from the outset.

15. Unlicensed use of the Film Material
 If the Customer uses the Film Material outside the scope stated in the form of confirmation (Clause 13) or fails to acquire additional Rights of Use (Clause 14) or uses it in any other non-licensed manner, he owes the two-fold amount of the License Fee he would have owed if he had acquired the appropriate licence from the outset. Further claims for damages remain unaffected.

16. Due date of the Licensing Fee
 The licensing becomes due for payment upon invoicing it to the Cus-tomer.

17. Taxes
 The Customer declares that he is registered as a commercial enterprise in the country of his registered office, that the Film Material is used for commercial purposes of his own company and that he is entitled to deduct input-VAT from his VAT payment charge account.

18. Credits
 If the names of the producer of the Film Material and/or the director of camera are shown in the Database and the thresholds shown in the table below are overstepped, credits for the producer and/or director of camera are to be included in the opening and final credits of the Motion Picture, using the wording shown in the aforementioned table.
If the Customer uses Film Material brokered by Framepool which was created by several authors, the obligation to include credits applies to each author whose material is used to an extent overstepping the thresholds shown in the table below.
If the Customer uses Film Material brokered by Framepool within the framework of a Breaking News Cast, the Framepool logo must be displayed for at least 3 seconds in the upper right or left-hand corner of the broadcast picture.
If the Customer uses Film Material brokered by Framepool in a Motion Picture having a length of 20 minutes or more in a way exceeding 5% of the total length of the Motion Picture, the Framepool logo must be displayed for at least two seconds in the opening credits and this reference must be shown for at least four seconds in the final credits: Framepool


If the Film Material created by the same producer or the same cameraman accounts for more than
   __  percent of the newly created film production, the text is to read as follows

to name the producer
 to name the cameraman
5 %
(or comprises more than 1.5 minutes) 		This film was made with the use of Film Material produced by ...
This film was made with the use of Film Material shot by ...
25 % Significant parts of this film are based on Film Material produced by ...
 Significant parts of this film are based on Film Material shot by ....
50 %
 of the newly created film production, the material may not be used without prior written approval of the authors; a separate agreement is to be reached regarding the obligations to name.