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SPIEGEL Group Rights, Reprints and Other Usages

1. These terms and conditions shall apply for all services, offers, deliveries and electronic transmissions by member companies of the SPIEGEL Group when granting reproduction and syndication rights. In this context, the SPIEGEL Group includes SPIEGEL-Verlag Rudolf Augstein GmbH & Co. KG, manager magazin Verlagsgesellschaft mbH, SPIEGEL TV GmbH, SPIEGEL ONLINE GmbH and manager magazin new media GmbH.
2. We will not recognise any terms and conditions of the ordering party that differ from our own, even when the ordering party makes specific reference to them when placing the order.
3. No additional agreements shall apply unless confirmed in writing.
4. All offers and prices are subject to change without notice and are non-binding. Contracts for the services to be rendered shall only come into effect if the order and/or licence is confirmed in writing. Use of the material before this time is not permitted.
5. The contracting and ordering party within the meaning of these terms and conditions is always the party placing the order for the services, namely the licence to use the items (hereafter referred to as the "material"; including for example all licensed brands or titles). The contracting party on behalf of the SPIEGEL Group (hereafter referred to as a "member company of the SPIEGEL Group") is
   • SPIEGEL-Verlag Rudolf Augstein GmbH & Co. KG: for material from DER SPIEGEL, Dein SPIEGEL, KulturSPIEGEL, UniSPIEGEL, SPIEGEL GESCHICHTE, SPIEGEL WISSEN, SPIEGEL SPECIAL or SPIEGEL Jahres-Chronik;
   • manager magazin Verlagsgesellschaft mbH: for material from manager magazin, Harvard Business Manager or harvard-businessmanager.de;
   • SPIEGEL ONLINE GmbH: for material from SPIEGEL ONLINE or SPIEGEL ONLINE International;
   • manager magazin new media GmbH: for material from manager-magazin.de;
   • SPIEGEL TV GmbH: for material from SPIEGEL TV.
6. Any complaints concerning the content of the material delivered must be submitted immediately upon its receipt.

1. The material may be used solely to the extent specified in the licence certificate issued by the member company of the SPIEGEL Group. This includes in particular the specified type of use, the specified duration of use and the specified number of uses.
2. It is not permitted to edit, translate, alter or manipulate the copyright-protected work in any way, in particular by digital means. Any exceptions to this constraint shall require a separate agreement.
3. The material may only be used for advertising purposes to the extent that this has been explicitly permitted in the licence certificate.
4. The licence for the material shall not be assigned or sublicensed to any third party in any conceivable form or by any conceivable means of distribution. Unless otherwise stated in the licence certificate, the licence shall be non-exclusive.
5. The material shall only be reproduced to the extent specified in the licence certificate. This applies in particular to any form of electronic duplication and any method of scanning. Furthermore, only one copy of digital material may be used per computer. In the context of the licence for use granted, it is only permitted to store the digital material on a computer hard drive or some other storage medium, and not to make, use or distribute any other copies of the material. Thus the material must not, for example, be used simultaneously by several users in computer networks or similar configurations, unless permission for this has been granted.
6. Unless otherwise authorised by the licence certificate, digitised material may only be reproduced once for online use. Any further or additional reproduction requires a further licence and is only permissible upon payment of additional licensing fees. The ordering party is obliged to ensure that the digitised material reproduced in connection with the agreed online use cannot be duplicated, removed, altered, rearranged or manipulated in part or in whole.
7. As a rule, no permission is required in order to post a link to the offers by SPIEGEL ONLINE GmbH or manager magazin new media GmbH, provided this is not done systematically in such a way as to produce a coherent collection and such that the links no longer constitute occasional references to individual items.
8. All forms of electronic storage, in particular in a database or an information retrieval system, are prohibited unless this is imperative to the agreed reproduction of the material for the licensed use.
9. Once the specified period of use has ended, the material must be deleted from all analogue and digital data media.
10. The right to use photographs is on principal not included unless such use is granted by way of exception in the licence certificate.
11. The member companies of the SPIEGEL Group shall not be under any obligation to issue a licence for the material. They reserve the right to withhold permission to use the material on a case-by-case basis without stating their reasons.

1. When using the material as licensed, it is essential that a copyright notice be displayed in such a way that no doubt can arise as to which specific material it is referring to. In the case of texts and illustrations from print products, such copyright notices shall include the source and the number of the issue; in the case of texts and illustrations from online products or television programmes, such copyright notices shall include the source and the date of broadcast.
2. The omission of such a copyright notice shall constitute an entitlement to damages in the form of a surcharge of 100% of the corresponding licence fee. Beyond this, the ordering party shall indemnify and hold harmless the corresponding member company of the SPIEGEL Group from any claims by third parties resulting from the omission.
3. The corresponding member company of the SPIEGEL Group shall receive two complementary copies of any publication in print or on a physical digital medium, without waiting to be asked and without receiving payment for them, provided this is not unreasonable in view of the licensed use. In the latter case, the licensed use shall be documented by other means. For every publication that occurs in a purely online form or in some other non-physical digital form, the corresponding member company of the SPIEGEL Group shall be given such access as to permit the material to be viewed, for example by providing the URL of the site or supplying a printout.

1. A fee shall be payable for any use of material belonging to member companies of the SPIEGEL Group.
2. The fee shall be agreed upon before the material is used. The fee will depend on the medium, type and scope of the use, which must be stated. The fee shall only cover the one-time use of the material for the stated purpose and in the stated scope, the precise content of which is set out in the written licence certificate. Any further or extended use shall require the payment of a further fee and must be approved in advance.
3. The fees stated in quotes, agreements and invoices are always gross amounts when dealing with private consumers; whereas for natural and legal entities subject to value added tax, they are always net amounts, to which value added tax must be added at the respective current statutory rate.
4. If our material is used or passed on to others without the corresponding licence, a minimum fee of € 500 shall be payable –- and we reserve the right to claim for further damages.
5. Exclusive rights and embargo periods must be agreed separately and shall entail an additional fee.
6. Fees shall be payable immediately upon our issuing the invoice.
7. Without written permission, you are not entitled to reproduce or otherwise use the material until the fee owed has been paid in full. Any use of the material before the payment of the fee constitutes a breach of the property rights of the member company of the SPIEGEL Group and of its licensors and shall be considered a breach of contract, giving the member company of the SPIEGEL Group the right to withdraw its licence to use the material and to claim damages, as well as to right to declare the contract null and void and to claim the corresponding damages.

1. Within the statutory warranty period, commencing with the provision of the material, the member companies of the SPIEGEL Group warrant that the material supplied is free of any faults or defects. Should a fault be found in breach of this warranty, the only and exclusive redress shall consist in replacing the material in question or, at the discretion of the member company of the SPIEGEL Group, refunding the licence fee paid by you.
2. Beyond this, the member company of the SPIEGEL Group makes no further warranty, express or implied, concerning the quality, marketability or suitability of the material for a specific purpose.
3. The member company of the SPIEGEL Group shall not be liable for damages, irrespective of the legal basis, unless the member company of the SPIEGEL group has acted wilfully or in gross negligence, or the claim for damages results from a breach of contract. In such cases, the liability shall be limited to EUR 10,000 per claim. Furthermore the total liability of the member company of the SPIEGEL Group per calendar year shall be limited to the amount paid for the material by the ordering party. In no event will the member company of the SPIEGEL Group be liable for indirect or consequential damages, including damages for loss of business profits, unless these damages have been incurred wilfully or by gross negligence on the part of the legal representatives or executive managers of the member company of the SPIEGEL Group. All claims for damages filed against the member company of the SPIEGEL Group shall expire by limitation six months after delivery of the material. This shall not apply to claims resulting from tortious acts and to claims of the ordering party based on fraudulent intent on the part of the member company of the SPIEGEL Group.

1. In addition to these terms and conditions, the legal restrictions resulting from the copyright laws, the data protection laws and all other legal requirements shall apply.
2. The contract entered into by the ordering party shall be governed and construed in accordance exclusively with German law, to the exclusion of United Nations Convention on Contracts for the International Sale of Goods (CISG).
3. If the customer is a businessman, a legal entity in public law, or special property under public law, the exclusive jurisdiction shall lie with the courts of Hamburg.
4. If any of the provisions of these terms and conditions is invalid or unenforceable, it shall be replaced by a valid provision that comes closest to the commercial intentions of the parties involved.