Terms of Use for Media in the Mercedes-Benz Corporate Archives

Preamble

Mercedes-Benz Heritage GmbH operates the corporate archives on behalf of Mercedes-Benz AG in both analogue and digital form. The following terms and conditions govern the use of all media downloaded via the Mercedes-Benz Classic portals (hereinafter referred to as "data sources") or transmitted or provided directly by employees of the corporate archives.

On these premises, the following applies to the user or third parties commissioned by the user as soon as the data sources are accessed, but at the latest when media are received from the collections of the Mercedes-Benz Corporate Archives:

1. General

1.1 Texts, images, graphics, sound, video and animation files and their arrangements (hereinafter referred to as "media") are made available. All media are subject to copyright and other laws protecting intellectual property. They always remain the property of the respective rights holder. No licence rights to the intellectual property of the Mercedes-Benz Group are granted. There is no right to the provision of media.

1.2 The media are accessed via various data sources. Requests to download media are made with the aid of a user profile, specifying the purpose of use. A request by e-mail to pool-id_publicarchive@mercedes-benz.com is also possible.

1.3 Mercedes-Benz Heritage GmbH is the operator of the various data sources on behalf of Mercedes-Benz AG. Availability of the systems or access to data is not guaranteed.

1.4 Any deviating terms and conditions of the user shall expressly not be valid.

2. Rights of Use

2.1 The user receives a simple, non-transferable right of use for the purpose specified in the request. Any use, exploitation, reproduction, dissemination and publication beyond the one-time use requires the prior express consent of the respective rights holder and may be subject to a charge.

2.2 Use of the media is limited to two years from the time of provision unless otherwise agreed. The media must be deleted afterwards. The rights of use can be revoked at any time in the event of improper use.

2.3 When using the media, a clear copyright notice must be included – if known – and Mercedes-Benz Classic must be named as the source. In the case of printed matter, the user shall provide at least one sample copy.

2.4 The media may be used for editorial reporting but neither for advertising nor for commercial purposes, unless the user is an affiliated company of the Mercedes-Benz Group or an authorised Mercedes-Benz dealer. The distribution, copying, editing and use on websites that do not serve the purpose of editorial reporting is prohibited without written permission.

2.5 Use of the media in the social media domain by uploading, linking or by means of other technical processes is prohibited, unless the use was approved or the media are used on the channels of the Mercedes-Benz Group.

2.6 Changes to the media material to create a new copyrighted work are only permitted with the prior written consent of the respective rights holder.

3. M@RS Portal User Account

3.1 Access to the aforementioned data sources is via anonymous guest access or by entering a registered user/password combination. The disclosure of the password to third parties is prohibited.

3.2 The operator reserves the right to block or delete user accounts at any time and without notice in the event of misuse, change of contact person or at the request of the account holder.

3.3 A user account is valid for one year and must be renewed at regular intervals. Inactive user accounts are automatically deleted five years after the last login.

4. Legal Guarantee

The operator and Mercedes-Benz Group AG provide the media and the information contained therein without any assurance or legal guarantee of any kind, either express or implied. Also excluded are all implied legal guarantees regarding merchantability, suitability for a particular purpose or non-infringement of laws and patents. Even though we assume that the information we provide is accurate, it may still contain errors or inaccuracies. We expressly point out that the products shown do not always necessarily correspond to the country-specific products.

5. Liability and Damages

5.1 In the event of any unauthorised (without the consent of the rights holder) use, application, editing, reproduction or disclosure of the media material, as well as in the event of failure to include a copyright notice, the user shall be liable for each individual case in accordance with the statutory regulations.

5.2 The operator as well as its affiliated companies within the meaning of § 15 of the German Stock Corporation Act (AktG) shall not be liable for claims by third parties resulting from unauthorised use, in particular for advertising purposes, and shall not assume any legal guarantee with regard to the accuracy of contemporary documentary content and the ownership of all property rights. The responsibility for this lies exclusively with the user, who is obliged to hold the operator and the rights holder harmless from all third party claims in this regard. This applies in particular to claims arising from the "right to one's own image" and to claims arising from the violation of the general personal rights of the person(s) depicted, e.g. through a distorting use of the media.

5.3 Identifiable persons, logos and trademarks may be subject to additional copyright, proprietary rights, personal rights, trademark rights, etc. The consent of a third party or the licence to these rights may be required in particular for commercial applications.

5.4 When using media in the context of reporting, the user must observe the journalistic principles of the German Press Council (Press Code). The user is responsible for the text.

6. Final Provisions

6.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from this contractual relationship is Stuttgart, unless the law mandatorily prescribes otherwise.

6.2 There are no verbal collateral agreements to these Terms of Use. Amendments or supplements to this contract must be made in text form (e.g. by e-mail) in order to be effective.

6.3 Should individual provisions of these Terms of Use be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties shall endeavour to replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible in economic terms to the invalid or unenforceable provision. The same applies in the event of a loophole in these Terms of Use.

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