Paid Content License

Licensor

cosmigo GmbH
Luthereichenhöhe 11
09116 Chemnitz, Germany
Managing Director: Daniel Sczepansky
Phone: +4915678569399
Register court / number: Amtsgericht Chemnitz / HRB 18598
VAT ID: DE213976520
Contact: support@panoearth.com

1. Parties and Content

This agreement is between cosmigo GmbH (“Licensor”) and the person or entity named on the license certificate (“Licensee”). “Content” means the photographic file identified on that certificate. The photographer or another content supplier keeps copyright; Licensor owns or controls the rights needed to grant this license.

The invoice, certificate, asset-page restrictions, and these terms form the agreement. If they conflict, a restriction stated on the certificate controls.

The contracting party is cosmigo GmbH only. Its managing director, employees, and content suppliers do not personally become parties or give personal guarantees unless they expressly agree in writing. Mandatory statutory personal liability remains unaffected.

2. License grant

After full payment, Licensor grants Licensee a non-exclusive, worldwide, perpetual right to reproduce, edit, display, publish, distribute, and communicate the Content only as part of Licensee’s own finished project and within the purchased license schedule.

“Royalty-free” means no recurring fee for permitted uses. It does not mean copyright-free, exclusive, or unrestricted. All rights not expressly granted are reserved. Licensor and the photographer may continue to use and license the Content to any person, including directly and through other businesses.

3. Who may use it

Licensee may let its employees and production contractors use the Content solely for Licensee’s permitted project, provided they are bound to protect it and delete production copies when no longer needed.

If Licensee buys for one named client and has authority to bind that client, the finished project and this license may be delivered to that client. The raw Content may not be supplied for unrelated use. Any other transfer, sublicense, or multi-client library use needs written permission.

4. Core restrictions

Licensee must not:

1. sell, share, sublicense, publish, or distribute the Content as a standalone file or in an extractable form that substitutes for licensing it;
2. offer it in a stock library, gallery, template, theme, wallpaper, screensaver, print-on-demand service, or other product where the Content is the main value, except where an Extended License expressly permits an incorporated product;
3. use it as or in a trademark, logo, service mark, or source identifier;
4. use it unlawfully, deceptively, pornographically, or in a defamatory manner;
5. imply that a depicted person, owner, brand, organization, or place endorses a product, service, political cause, or opinion;
6. remove or falsify copyright, provenance, rights, or asset-identification metadata where it is reasonably practicable to retain it; or
7. use Content marked Editorial Use Only outside the Editorial schedule.

5. AI, facial recognition, and text-and-data mining

No license is granted to scrape or use the Content or its metadata for text-and-data mining; dataset creation; model training, fine-tuning, evaluation, or benchmarking; embeddings or machine-vision indexes; biometric identification or facial recognition; generative-AI input, reference, conditioning, or retrieval; or creation of synthetic substitutes.

These rights require a separate written agreement signed by Licensor. An individually quoted enterprise agreement is the paid route for obtaining defined AI rights; it becomes effective only after both parties sign the applicable order form and Licensor receives payment. Ordinary image editing is allowed only where the tool provider does not retain the Content or use it to train or improve models.

Licensor expressly reserves the rights for text-and-data mining under § 44b(3) UrhG and equivalent laws. This reservation is also communicated in machine-readable site directives.

6. People, property, trademarks, and context

The license grants only rights controlled by Licensor. It does not by itself grant personality, privacy, publicity, trademark, design, artwork, architecture, property, cultural-heritage, location, or event rights.

A release exists only if the certificate or asset page expressly states model release verified or property release verified. “Commercial” eligibility is not a promise that every imaginable use or jurisdiction needs no further consent. Licensee must assess its specific use and obtain any additional permission.

An identifiable person must not be shown in a sensitive, misleading, humiliating, or defamatory context, including claims about health, crime, sexuality, religion, politics, substance use, or endorsement, unless that person has expressly consented to the context. Content marked Editorial Use Only is not cleared for advertising, merchandising, product promotion, or endorsement.

7. Ownership, credit, and modifications

Copyright and all ungranted rights remain with the photographer or content supplier. Commercial use does not require credit unless the certificate says otherwise. Editorial use requires the credit shown on the certificate or, if none is shown, “Daniel Sczepansky / PanoEarth.com.”

Editing must not create an unlawful or misleading depiction. Editing does not give Licensee ownership of the underlying Content.

8. Claim notice, suspension, and termination

Licensee must promptly stop new use and notify Licensor if it learns of a credible rights claim. Licensor may require suspension while investigating and may offer a replacement, modification, additional permission, or refund of the license fee.

Licensor may terminate the license for a material breach not cured within 14 days after notice. No cure period is required for deliberate scraping, AI/model use, standalone redistribution, or unlawful use. After termination, Licensee must stop use and delete accessible copies, except archival copies required by law.

9. Licensor warranty and remedy

Licensor warrants that it is authorized by the photographer or rights holder to grant the copyright license stated here. Except for an express release statement on the certificate, Content and metadata are supplied without a guarantee of release, accuracy, merchantability, or fitness for a particular purpose. Mandatory statutory rights remain unaffected.

For breach of that copyright-authority warranty, Licensee’s primary remedies are, at Licensor’s choice where legally permitted, replacement, modification, procurement of continued rights, or refund of the license fee. Licensee must cease the challenged use and allow Licensor to control a reasonable response.

10. Liability

Licensor has unlimited liability for intent and gross negligence; culpable injury to life, body, or health; an expressly assumed guarantee; fraudulent concealment; and liability that cannot legally be limited, including under the German Product Liability Act.

For slight negligence, Licensor is liable only for breach of an essential contractual duty and only for loss typical of the contract and reasonably foreseeable when it was made. In all other cases, liability for slight negligence is excluded to the extent permitted by law. These limits also apply to Licensor’s directors, employees, agents, and content suppliers. Mandatory consumer rights remain unaffected.

11. Licensee responsibility and B2B indemnity

Licensee is responsible for its edits, captions, context, distribution, and permissions not expressly granted. If Licensee acts as a business, it will indemnify Licensor and the photographer against third-party claims, reasonable legal costs, and losses caused by Licensee’s intentional or negligent breach of this agreement or unlawful use, to the extent Licensee is responsible. This indemnity does not apply to consumers.

12. Law, jurisdiction, and general terms

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. A consumer keeps the protection of mandatory law applicable at the consumer’s habitual residence.

If Licensee is a merchant, legal entity under public law, or special fund under public law, Chemnitz, Germany is the exclusive place of jurisdiction; mandatory jurisdiction rules remain unaffected. Changes and additional rights require text form unless stricter law applies. If one provision is invalid, the remaining provisions remain effective and statutory law replaces the invalid provision.

License schedules

Schedule A - Standard Commercial Royalty-Free

Permitted: websites, apps, social media, presentations, advertising, film/video, broadcasts, publications, packaging, displays, and up to 500,000 physical copies in total. Digital audience and project count are not capped. The Content must be incorporated into a finished project and may not be the product itself.

Merchandise or products for resale where the Content is a primary value, templates offered to third parties, print-on-demand, and more than 500,000 physical copies require an Extended License.

Schedule B - Extended Commercial Royalty-Free

Includes every Standard use, with unlimited physical copies, plus merchandise, products for resale, and print-on-demand where the Content is incorporated into a finished design. It does not permit standalone file distribution, stock/template-library use, AI/model use, trademark use, or sublicensing beyond Section 3.

Schedule C - Editorial Use Only

Permitted: truthful news reporting, commentary, documentary, education, research, and public-interest publishing in context. Use must retain factual integrity, include the required credit, and use only minor edits for layout, color, exposure, cropping, or technical quality.

Advertising, advertorials, promotion, product packaging, merchandising, endorsements, deceptive alteration, and implied support are prohibited. Each materially different editorial story or campaign requires a separate license unless the certificate expressly says otherwise.