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All texts, pictures, graphics, sound, video, and animation files, as well as arrangements, are subject to copyright and also in part to other laws for protection of intellectual property. They may not be used for business purposes, nor copied for forwarding, nor changed and used on other websites. The Internet pages of Neumann may also contain pictures that are subject to the copyrights of those who have provided them.

Terms of Use and Licensing for Image Files and Logos from the Neumann Image Database

NEUMANN IMAGE DATABASE

Georg Neumann GmbH, Leipziger Str. 112, 10117 Berlin (hereinafter "Neumann") operates on its website www.neumann.com an online image database which provides numerous copyright-protected photographs of Neumann products as high-resolution files. Neumann is the owner of all rights of use under copyright laws in the images stored in the database. Neumann exclusively grants registered users (hereinafter "users") access to the image database under the terms below.

I. SUBJECT MATTER OF THE AGREEMENT

(1) Neumann shall grant User a non-exclusive, non-transferable license for use of the images posted by Neumann in the image database exclusively for the admissible uses listed below under II.

(2) Without Neumann's prior written consent, rights under this Agreement may neither be transferred, nor sublicenses be granted.

(3) The images shall be made available for editorial use. Editorial use shall be at hand if the images are employed in press reporting without any commercial character; thus, especially without any advertising purposes being pursued.

(4) Only users having an ongoing business relationship with Neumann shall also be allowed the advertising use of the picture material in accordance with the regulations below. Excluded in any event shall be any use in image databases, image catalogs and related image collections.

(5) User shall be obligated to provide complete and truthful information upon registration and advise Neumann, without delay, of any changes in the data.

II. USE RIGHTS

(1) The following rights shall be transferred to all users for editorial use:

The right of reproduction and dissemination,

i.e. the right to reproduce and disseminate the picture material, within the scope of the above indicated type of license, and/or have it reproduced and/or disseminated.

The right of making publicly available,

i.e. the right to make the picture material available, within the scope of the above indicated type of license, by means of analog, digital, or other storage or, respectively, long-distance data transmission technology, with or without intermediate storage, wirelessly or by means of cable for individual retrieval.

The broadcasting right,

i.e. the right to make the picture material accessible to the public, within the scope of the above indicated type of license, in all technical processes by radio transmissions, such as audio and television broadcasting, wire line broadcasting, Hertz' waves, laser, microwaves etc., or similar technical systems, irrespective of whether broadcasting is done by means of terrestrial radio facilities, cable television (also as far as via the telephone network) with the inclusion of cable retransmission, satellites with the inclusion of direct satellites (DBS), other data or telephone lines or networks such as ISDN, DSL, GSM, UMTS, directional radio, power lines, etc., other technical facilities, or by means of a combination of transmission paths.

The printing right, i.e. the right to use the picture material, within the scope of the above indicated type of license, for the manufacture, reprocution and dissemination of illustrated or non-illustrated books, magazines and other printed works.
The videography right,

i.e. the right to exploit the picture material, within the scope of the above indicated type of license, by means of duplication and dissemination on analog and digital image/audio/data carriers of any kind. Videography rights shall comprise, in particular, any type of storage media (audio/visual media) (CDs, DVDs, etc.).

The limited editing right,

i.e. the right to edit the picture material exclusively as follows – using analog, digital or other image editing methods: Changing the size of the image (enlargement, reduction, trimming), conversion of color information, changing chromaticity, contrast and brightness. Neumann shall reserve the right to other changes in the picture material.

(2) Users being at the same time business partners of Neumann, i.e. having an ongoing business relationship with Neumann, shall be granted the right of advertising – in addition to the rights named under II. (1) – i.e. the right to use the picture material unchanged, within the scope of the above indicated type of license, for advertising purposes, e.g. in program previews, on television, in movie theaters, in printed works (advertising inserts, posters, program announcements, etc.), value-added telephone services, as well as on the Internet (e.g. pop-up windows, advertising banners, etc.).

(3) Neumann shall reserve, to the full extent, all other rights in images, including all copyrights, the rights of the database producer and other industrial property rights. The rights transferred under II. (1) and (2) shall not comprise in particular:

The right to reproduce, disseminate, broadcast or make publicly available the photographs in image databases, image catalogs or related image collections.
The merchandising right, i.e. the right of commercial exploitation of the picture material by selling the picture material, or the production and distribution of any type of goods which are characterized by the presentation of the picture material (e.g. posters, postcards, pieces of clothing, printed works including comics, audio media, headgear, mouse pads, buttons, etc.).

(4) All other rights to the picture material fully remain with Neumann.

III. DESIGNATION OF COPYRIGHT OWNER AND INDICATION OF SOURCES

(1) User shall have to name Neumann – in the usual manner for the pertinent use and as far as technically possible on the image itself or at the end of the page – in the following form:

and such that there can be no doubt in terms of the allocation to the pertinent image.

(2) When used on the Internet or in digital media, reference to Neumann shall be made, moreover, in form of a link to www.neumann.com.

VI. CHANGES IN THE TERMS OF USE

(1) Neumann shall be entitled to change the content of these Terms of Use with the users' consent as far as the change is reasonable taking Neumann's interests into account. At the latest two weeks before the change, Neumann shall inform users about the change in the Terms of Use by e-mail to the address indicated by User. Consent to changing the Terms of Use shall be considered granted if User does not object within one month after receipt of the change notice or terminates the Agreement.

(2) In the notification about the changes, Neumann shall be obligated to specifically advise users about the possibilities of objection and termination, the period of notice and the legal consequences, in particular with regard to any objection not made.

In the event that User objects to a change in the Terms of Use, Neumann shall have the right of extraordinary termination of the Agreement.

VI. PROHIBITED USE

(1) The database may be used exclusively for legally permitted purposes. It may not be used to distribute defamatory, pornographic or otherwise unlawful material, to threaten, to molest third parties, or infringe the rights of third parties (including the rights to privacy).

(2) It shall be prohibited to use the images/logos or other contents in a form or in a context which has a damaging effect in terms of reputation, e.g. regarding the products, the company or the brand name of Neumann or individual persons depicted; this shall apply to the following in particular:

• Contents which may infringe rights of third parties; in particular under copyright, ancillary copyright, under the right to use a name and the trademark law, under the law of registered designs, right of ownership, right to privacy, and the competition law;

• pornographic, obscene, sexist, defamatory, libelous, racist presentations, or those injurious to minorities or religions;

• Discrimination, defamation or insults;

• False allegations;

• Libelous criticism, damage to reputation, speculations or vilifications;

• Disparagement of Neumann or of the depicted persons;

• Political contributions or, respectively, advertising for political parties;

• Demands for boycott or requests for cancellations of any kind;

• Links to Internet pages with unlawful contents;

• Use of the contents for editorial purposes without indication of the following information next to the content: "© Neumann.Berlin";

• Unlawful communication measures, whether directly or indirectly (e.g. spamming);

• If it can be assumed that Neumann or the depicted person might not agree with the publication;

• Use of the picture material for products not manufactured by Neumann which gives the impression that original goods were concerned, and using the picture material in connection with trademark infringements of Neumann;

For clarification: Prohibited use shall include any illustrations which put Neumann or this person in a situation potentially violating personal privacy; including, but not limited to, mental and physical health and social behavior, in connection with sexual or insinuated sexual activities or penchants, drug abuse, crimes, physical or mental abuse or suffering; or, respectively, any other situation which would legitimately be probably offensive for Neumann or the depicted person (in particular, e.g. dating sites, escort services, erotic or adult offers, pornographic offers, websites morally harmful to juveniles).

VII. LIABILITY

(1) In case of willful intent or gross negligence, Neumann shall be liable unlimited for injury to life, limb or health, as well as within the scope of a warranty accepted by Neumann.

(2) In case of slightly negligently breach of an obligation which is essential for achieving the contractual purpose (cardinal obligation), Neumann's liability shall be limited to the damage which is foreseeable and typical according to the type of business in question.

(3) Any further liability by Neumann shall be excluded.

(4) The above limitation of liability shall also apply for the personal liability of Neumann's employees, agents and organs. Date Page 8

(5) User shall release Neumann from all claims by third parties – including any possible litigation costs – which have been made or will be made due to the use of the images by User or due to a culpable breach of these Terms of Use and the rights granted above. This shall apply in particular for claims under the "right to one's own image" and for claims due to the violation of the general right to privacy or, respectively, of the depicted person(s).

VIII. TERMINATION OF USE

(1) In case of a breach of these Terms of Use, Neumann shall have the right – irrespective of any other claims – to wholly or partially block User's access with immediate effect. The blocked User shall be prohibited from registering again under a different user profile or from using the database in any other way.

(2) User as well as Neumann may terminate without notice the Use Agreement at any time and without indication of the reasons. If User is not responsible for the termination, User shall have the right to further contractually use – for a period of three months – any physical pieces of duplication produced in accordance with these Terms of Use. This shall not apply if this use is opposed to a justified interest by Neumann. Such justified interest is at hand, inter alia, if the further use of the picture material or the products depicted in the picture material were to violate statutory regulations, orders by the authorities or third-party rights.

(3) Commercial access and thus the right to advertisement shall be limited to users having an ongoing business relationship with Neumann. There shall be no longer any right of use if the business connection ends or if Neumann or, respectively, Neumann prohibits the business partner to use the image database.

IX. FINAL PROVISIONS

(1) This Use Agreement shall be governed by the laws of the Federal Republic of Germany.

(2) If User is a business person, a legal entity under public law or a public-law special fund, Hanover shall be agreed upon as the exclusive venue for all claims arising from or in connection with this Agreement. This shall also apply vis-à-vis persons not having any general venue in Germany or persons who, after conclusion of the Agreement, changed their domicile or habitual place of residence to abroad or whose domicile or habitual place of residence is unknown at the time of filing suit.

(3) Should one or several of the above provisions be invalid, the remaining provisions shall remain unaffected thereby. By mutual consent, any invalid provisions shall be replaced by such provisions which are suitable to achieve the desired economic purpose, taking into consideration the interests of both parties.

(4) Side arrangements to this Agreement shall only be valid if they are concluded in writing. This also applies to this writing requirement.

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