Licence terms and conditions

of SONNENTOR Kräuterhandelsgesellschaft mbH, 3913 Sprögnitz 10, Austria hereinafter referred to as SONNENTOR for short
  1. Recital
  2. Licence
  3. Types of use
  4. Free licence
  5. Obligations of the licensee
  6. Copyright and citation of sources
  7. Guarantee and liability
  8. Applicable Law
  9. Place of jurisdiction
  10. Contractual language
  11. Severability Clause

1) Recitals

1.1 SONNENTOR is the owner or holder of various copyrights, design patents and rights of use to packaging, photographs and illustrations, advertising subjects, etc. (hereinafter referred to as “Protected Content").

1.2 SONNENTOR is also the owner of various national, European and international trademarks and labelling rights, in particular to the word: SONNENTOR (e.g. EM 01678023; AT 232786), the "SONNENTOR logo" (e.g. EM 003311214; AT 194890) and the "SONNENTOR lettering" (hereinafter referred to as "TRADEMARKS" for short).

1.3 SONNENTOR makes Protected Content available to third parties, such as journalists, cooperation partners, sales partners and influencers (hereinafter referred to as "LICENSEE") for use in the context of advertising the SONNENTOR brand and its products via a digital asset management system (hereinafter referred to as "DAM system").

1.4 Unless expressly agreed otherwise in writing, SONNENTOR is prepared to allow third parties to use its protected rights exclusively on the basis of these licence terms and conditions, in particular - but not exclusively - if these are made available via the DAM system.

2) Licence

2.1 ​​​​​​​SONNENTOR hereby grants the Licensee , exclusively for the purpose of use in the context of advertising, the SONNENTOR brand and its products, a non-exclusive licence to use the Protected Contents and TRADEMARKS made available by it (in particular those placed in the DAM system) for the permissible uses listed below under item 3. 

2.2 ​​​​​​​Editorial and commercial use of the image material is permitted (e.g. recipe photos if no pack shot is shown).

2.3 ​​​​​​​Temporal and local limitation
The licence is granted until revoked.
The licence is geographically unlimited.

2.4 ​​​​​​​No transfer
The licence is not transferable. Protected Content may not be passed on to third parties.

2.5 ​​​​​​​Expressly prohibited is the use

  • in connection with defamatory and libellous representations;
  • for unauthorised communication measures, either directly or indirectly (e.g. spamming)
  • if it can be assumed that SONNENTOR might not agree with the publication. [For clarification: These are all images that depict this person in a situation that may violate his or her personality]. 

3) Types of use

3.1 ​​​​​​​Protected Content may be used editorially and commercially by the licensee in all media (e.g. online use of any kind, print use, etc.), interactive and multimedia use, etc.) only for the purpose of advertising the SONNENTOR brand and its products within the scope of this licence.

 3.2 ​​​​​​​Permission is also given for

  • the limited social media usage right, i.e. the right to link content from websites on social platforms, whereby Protected Content and trademarks are displayed as thumbnails on the social platform.
  • the right to advertise, i.e. the right to use the visual material unaltered for advertising purposes, e.g. on television, in printed matter (advertisements, posters, programme announcements, etc.), on the Internet (e.g. advertising banners, pop-up windows, etc.), whereby these forms of advertising are not exhaustive.
  • the limited editing right, i.e. the right to edit the photographic material using analogue, digital or other image editing methods as follows: Changing the picture size (enlargement, reduction). SONNENTOR retains the right to make other changes to the image material. In this context, it is expressly not permitted to convert the colour information, change the colour, contrast and brightness values, crop (even without changing the image statement) or incorporate a visible reference to the image source in the image.

3.3 ​​​​​​​All other rights to the Protected Content, including all copyrights and other industrial property rights relating thereto, shall remain with SONNENTOR or the author. 

3.4 ​​​​​​​In particular, the following shall not be transferred: the merchandising right, i.e. the right to commercially exploit the TRADEMARKS or other Protected Content, e.g. visual material, by selling them or by selling goods of any kind representing the TRADEMARKS or Protected Content, e.g. the visual material (resale products, such as calendars, posters, postcards, e-cards, canvases, mugs, toys, items of clothing, illustrated books, templates, etc.)

4) Free licence

The licence is free of charge.

5) Obligations of the licensee

​​​​​​​5.1 Licensee acknowledges that SONNENTOR's TRADEMARKS have reached the level of a well-known trademark and undertakes, with the diligence of a prudent and considerate businessman, to look after the reputation of SONNENTOR's trademarks and distinctive signs when using the Protected Content or TRADEMARKS.

​​​​​​​5.2 The licensee shall use the Trademarks and other Protected Content in the course of business exclusively for the purpose of reporting on, advertising or distributing SONNENTOR products. ​​​​​​​

5.3 The licensee is not entitled to use the TRADEMARK as a company name, company component or domain name, to modify it in any way, for example by using additions and to grant sub-licences to third parties. ​​​​​​​

5.4 The licensee acknowledges the licensor's rights to the trademarks and signs and undertakes to refrain from any attack on SONNENTOR's trademarks or signs and not to impair them in any way. The licensee shall also not apply for any trademarks similar to the Trademarks within or beyond the Contract Territory.

6) Copyright and citation of sources

​​​​​​​6.1 Copyright and citation of sources

  • When using Protected Content on the Internet or digital media, the reference to SONNENTOR must be made in the form of a link to (sufficient in the imprint). 
  • The licensee shall name SONNENTOR and the author on the same page, with the name mentioned in the DAM system, in the following form: '© Name/SONNENTOR' or ' © SONNENTOR'.
  • The author and source must be acknowledged at least by attribution to the image (e.g. with a footnote), unless this is done directly with the image.
  • In the case of use within the scope of the limited social media right of use (linking on a social media platform), it is sufficient to indicate the copyright and source attribution as described above on the linked website.

​​​​​​​6.2 Despite incorrect or missing citation of authors and image sources, the licensing and rights of use remain valid.

7) Guarantee and liability

SONNENTOR accepts no liability or guarantee for the use of the Protected Content. Licensee shall indemnify SONNENTOR against any liability in connection with Licensee's use of the Protected Content or the Trademarks and shall fully indemnify and hold Licensor harmless.

8) Applicable Law

All legal questions arising out of or in connection with this contract, including the question of the valid collaboration and the preceding and subsequent effects, shall be governed by Austrian law to the exclusion of its conflict of law rules.

9) Place of jurisdiction

The Contracting Parties agree for all disputes arising from or in connection with this contract, including the question of a valid collaboration and its after-effects and side-effects, the exclusive jurisdiction of the respective court with subject-matter jurisdiction for KREMS.

10) Contractual language

The contractual language is German. The German version of these licence conditions takes precedence over any translation into another language.

11) Severability Clause

​​​​​​​11.1 If any provision of the contract becomes invalid or unenforceable, the remainder of the contract shall not be affected. ​​​​​​​

11.2 These provisions shall be deemed to be replaced by valid and enforceable provisions that most closely achieve the economic purpose intended by the contract parties.