WOLF ist Inhaberin der eingetragenen Wortbildmarke „WOLF“, Register-Nr. IR777102 sowie der Markenrechte DE30118826 und EM002327674 betreffend folgendes Logo
In addition to this logo, Wolf offers various materials for download on the homepage www.wolf.eu, such as further texts, pictures, graphics, drawings, schemas and wallpapers. The above-mentioned trademark rights and materials are hereinafter referred to as information material. WOLF permits the download and use of the information material under the following conditions:
1. Rights of use and obligations of the user
a) WOLF grants the user a simple, non-transferable, free right of use to the information material for private purposes, journalistic purposes or advertising purposes within the EU.
b) Use on physical advertising media, e.g. advertising signs, magnetic boards, advertising banners, is only permitted on advertising media whose creation and concrete appearance has been approved in advance by WOLF in writing.
c) The user is not entitled to grant third parties rights of use by sublicensing the information material.
d) The information material may not be made available by the user to third parties, for example on data carriers or in its own download area.
e) The information material may not be redesigned, edited or otherwise used - e.g. by additions or the like. - The information material may not be altered, edited or otherwise - e.g. also by additions etc. - unless WOLF has previously obtained express written consent (fax or email sufficient). However, size changes or excerpts essential for the use of the information material are permitted without prior written consent provided that the presentation of the information material is not distorted qualitatively or sensibly as a result.
f) The use of the information material in online auctions is prohibited.
g) Any use of the information material in any (distorting) or other context that is likely to damage the reputation or reputation of WOLF is prohibited.
h) WOLF accepts no liability for the correctness and completeness of the information material and is entitled to make changes to the information material at any time.
2. termination of the right of use
a) WOLF is entitled at any time to revoke the right of use without giving reasons. Upon receipt of the revocation by the User, the User shall cease current use of the information material within a reasonable period - usually 3 working days - and refrain from future use.
c) Upon termination of the right of use, the user shall also be obliged to destroy or delete all copies of the information material that are still available to him in embodied or electronic form.
a)aa) WOLF shall only be liable for damages and reimbursement of futile expenses (§ 284 BGB) due to violation of contractual or non-contractual obligations or from tortious acts
bb) WOLF shall be liable for any negligence in case of breach of essential contractual obligations, however only up to the amount of the foreseeable damage typical for the contract.
cc) Insofar as WOLF's liability is excluded or limited, this shall also apply to employees, workers, representatives as well as vicarious agents.
dd) Cardinal obligations are essential contractual obligations, i.e. obligations which give the contract its character and on which the contractual partner may rely; they are thus essential rights and obligations which create the preconditions for performance of the contract and are indispensable for achieving the purpose of the contract.
ee) None of the above clauses is intended to change the legal or judicial distribution of the burden of proof.
b) In addition, WOLF accepts no liability for any use of the information material by the user and for any associated violations of statutory provisions and/or violations of rights and/or damage to third parties.
c) The user expressly indemnifies WOLF in connection with Section 3 b) from any claims by third parties arising from or in connection with his use of the information material.
4. Final provisions
a) It is exclusively the law of the Federal Republic of Germany applicable.
b) Should individual provisions be ineffective or lose their effectiveness due to a later circumstance, the effectiveness of the remaining provisions shall remain unaffected.
c) If both parties are merchants within the meaning of the German Commercial Code (HGB), the place of jurisdiction for disputes arising from or in connection with the use of the information material shall be the court responsible for the registered office of WOLF GmbH.