Words You Can Buy
General Terms and Conditions of Business
Version 2, 1997
The Word Company produces words or units consisting of words, hereinafter works. As the holder of all copyrights as well as of all usufructuary and utilization rights according to the general terms and conditions of business, it distributes and transfers these works in material form.
The works are distributed by The Word Company through licenses of which there are three different categories: temporary, permanent and exclusive.
The license does not include the right to utilize the words or units consisting of words for commercial purposes.
Furthermore, the right to use the work to either name or mark a product or service does not ensue from this license. In particular, the use of the work as defined by trademark law or the provisions of anti-trust law is precluded.
Through a temporary license the licensee acquires the limited right to exhibit the work for a specified period of time.
Through a permanent license the licensee acquires the limited right to exhibit the work for an unspecified period of time.
Through a exclusive license the licensee acquires the unlimited right to exhibit the work for an unspecified period of time.
The duration of each respective license and the material form of the work are subject to written agreement between The Word Company and the licensee.
The licensee receives a certificate documenting the concluded licensing procedure.
If a special presentation is planned for The Word Company’s work, corresponding instructions will be a binding part of the licensing agreement.
All works produced by The Word Company are marked with TWC. This is a part of each work. Works without this designation or with an altered form thereof are not considered authentic.
The written permission of the licenser is required for all duplications and reproductions of the works. If the works are processed, stored or distributed by photomechanical or electronic means, then this can only occur on the basis of their material form or on the basis of a model expressly authorized for this purpose by The Word Company.
The reproduction and public display of the work by manual means is excluded. This also applies for copying procedures utilizing a manually produced printing block.
Within the parameters of the license the licensee is, moreover, entitled to either recite the word or unit consisting of words or have them recited.
The recording of such recitations on sound-carriers of any kind for purposes of publication or reproduction for the public is subject to special written agreement with The Word Company. The licensee is required to ensure that no violation of this provision occurs in the event of a public recitation.
The Word Company retains the right to duplicate and distribute the sold work in connection with exhibits or for documentary purposes. Unless otherwise stipulated, the licensee is to be named on these occasions.
The Word Company neither guarantees that the works do not infringe upon the rights of a third party, nor that the works are entitled to protection under copyright law.
If the rights of a third party to a work or the disqualification for copyright protection can be documented, The Word Company guarantees the replacement of the work in question within half a year following its acquisition, provided that the licensee is still valid, with a comparable work.
Further claims against The Word Company and particularly claims for damages, restitution for expenditures in such a case or a right to reduction of the licensing fee and rescission are excluded.
The license for a work as well as extended usufructuary and utilization rights can be transferred or sold to a third party by the licensee. The granting of sublicenses is excluded.
Usufuctuary and utilization rights may only be transferred or sold if the purchaser recognizes these terms and conditions of business. The party transferring or selling the rights to words or units consisting of words is obliged to make these terms and conditions of business in their entirety part of the purchasing agreement. If this obligation is violated, The Word Company is entitled to compensation for the resulting damages.
Amendment and modification of these terms and conditions of business are only valid in written form. Oral collateral agreements are deemed invalid. Berlin is the place of performance for all obligations.
The invalidity of any provision of these terms and conditions of business does not affect the validity of the remaining provisions. In such a case the invalid provision is to be replaced by the statutory provisions which most closely fulfill the economic wishes of the parties involved.
© 1997 Adib Fricke: The Word Company.