For simplicity and assistance, the texts have been approximately translated into other languages with help of machine translation. Only the German terms, texts and Imprint are valid. Errors and omissions excepted.

Annex E: Textual and graphic services

(Version V101__20150217.odt)

Contents:
The customer (client) is solely responsible for the content of the material provided (graphics, text material, image material, etc.) and their legal relevance. He alone is also liable for all costs resulting from his assignment - including, but not limited to, warnings, fees, legal disputes, etc. By placing the order, the customer releases us from any liability in this respect towards himself and towards third parties.The Customer explicitly agrees to add the relevant release from liability of GM and its legal successors as a brief comment in publications, or alternatively to document the general assumption of liability externally. He hereby assures to continuously and consistently check the work and its provided basis - among others, but not limited to - with regard to the relevant jurisdiction, such as e.g. environmental law, competition law, trademark law, copyright law from the beginning, to inform us immediately of any necessary changes and to arrange for a change at his expense. The content may not be obscene, contain pornographic depictions or violate the laws of the Federal Republic of Germany. In such cases, GM may refuse to proceed even after the work has commenced. The costs incurred as a result shall be borne by the customer. After proof of harmlessness at the expense and initiative of the customer, the work will be released again immediately. Claims of the Customer against GM shall only arise if precautionary measures liable to costs have been wrongly taken in a grossly negligent or intentional manner.

Material to be provided by the customer (e.g. images and texts):
Digitisation/reworking/additions etc. of material provided by the customer shall be carried out at cost. Not all media/formats support certain possibilities and qualities. Rework and corrections to achieve properties in this respect shall be at the expense of the customer. As long as GM's work is only general corrections, textual additions or non-specific general image editing, GM does not claim any copyrights. As soon as text, image, code or other copyrighted material from the GM collection is used, or GM provides creative services on a large scale, explicit licence agreements are necessary. Without this, any use of GM media (e.g. image/text material) is prohibited.

Programme code, image and text material provided by GM (only if explicitly included or necessarily supplied by us in the scope of delivery or provision):
The programmes, images, text and other media created internally by GM or provided for the execution of the order are protected by copyright and may only be used in conjunction with a licence agreement regulating their use. Otherwise, any use or distribution is expressly prohibited. The customer shall be liable, inter alia, for all costs incurred and, in the case of GM, for lost profits.

Subject of the contract:
If the provision of digital final or intermediate material has been agreed, the client may only make use of the rights explicitly permitted in the order confirmation. If the quality and type are undetermined, GM can determine the type and quality itself. The Client is not guaranteed any properties or qualities of the work other than the intended use stated in the order confirmation. If digital media were included as a delivery item in the order confirmation, the Client has the right to have a digital print made of GM against possible reimbursement of expenses. This only includes the material that GM has explicitly released in a licence agreement with the customer for the respective intended use. Restrictions or instructions for the client can be part of this. These must be observed by the customer. As a rule, they are passed on in neutral bitmap formats, e.g. "Tif/RGB".

Secrecy:
The customer has no right to inspect, explain our internal working methods, the software we use, programme parts and code. The Customer shall comply with GM's property rights even after the end of the contract. The Customer shall keep GM-Internas confidential vis-à-vis third parties. The Customer will not make derogatory comments about GM or influence other potential customers against GM even after the termination of the business relationship.

Terms of payment:
Customers who do not participate in the direct debit procedure agree that reminder fees are due from the first reminder ("continuous payment dates") and can be demanded continuously. If payment has not been made to one of the GM business accounts more than 7 days after the expiry of the payment term, GM shall be free to delay the delivery of further work without this giving rise to any right to discount or compensation against GM. Invoices for individual and additional services are payable after the service has been provided. Invoices are due of payment 7 days after issue by direct debit or forward transfer, strictly net.

Quantity structure/delivery quantity/delivery dates for print products:
GM can deliver up to +/-10% of the delivery quantity due to printing technology. The customer must expect this and, among other things, coordinate subsequent services accordingly. Any liability - such as e.g. loss of profit - for such excess or short deliveries by GM shall be excluded. For small parts in price/weight/size as well as for print products, GM has the right to determine the quantity also in terms of weight. GM may take smaller quantities of reference specimens and is only obliged to provide information in the event of a foreseeable shortfall in the agreed delivery quantity. When scheduling print product deliveries, deadlines are normally based on anticipated reasonable values. However, there can be delays in the delivery of print products due to machine failure, misprints, parcel service providers, public holidays, etc. in the order of up to 2-3 weeks. Absolutely fixed delivery dates are possible on request, but are usually associated with additional costs (express printing/shipping). If this is requested by the customer, GM will explicitly indicate these additional costs separately.

Liability:
The customer warrants that the text, image and programme material as well as templates, e.g. for scans, provided by him for processing are free for use and do not infringe any copyrights. He assumes all costs for the subsequent procurement of licences/copyrights and shall act as principal in this respect from the outset. The client shall be liable for all work vis-à-vis third parties insofar as this has been carried out in connection with the client's commissioning. With regard to the overall liability, we refer to "Contents" and §10 of our General Terms and Conditions of Business and Delivery in the most current version.

Amendment of terms and conditions, service description and the prices:
The customer will be notified in writing of any changes to the general terms and conditions and these supplementary terms and conditions, the service description and the prices. The chances shall be deemed accepted if the customer does not demonstrably object in writing within four weeks after dispatch of the notification.

Terms and conditions:
The services of GM are based on the GTC's and appendices of GartenMedien GmbH & Co. KG, in each case in the most current version. Should "Annex E" contradict these in one or more points, the other points shall remain unaffected.

Ancillary agreements generally require the written form.

Supplement E1 "Catalogues, brochures, etc." to Annex E

(Version V101__20150217.odt)

Subject of the contract:
Is the delivery of catalogues, brochures, banners, flags, labels or similar works in printed or digital form.

a) GM plant with almost only or exclusively GM images and texts and GM design (possibly with partial images, logos, texts of the customer):

All right to exploit the work are held by GM. The customer warrants to observe all copyrights notices and not to make any copies in analogue or digital form. All reprints are always done via GM. The Customer shall only receive a non-exclusive right of use to the printed copies with the provided GM images and the provided design. All other rights reserved by GM.
The customer explicitly agrees to the mentioning of GM and its intellectuall property rights in the following or similar form at the discretion of GM in the work. "Copyright JAHR Design, Work and Visuals GM" "All rights reserved also for other projects." "Copyright YEAR, parts custom imagery and text by client." GM may, at its own expense, us the catalogue for its own advertising purposes and have it reprinted, make publications about it, etc. The customer has no right of objection. The Customer has met all legal requirements for GM to produce the reprints free of royalties. All rights not expressly mentioned are the exclusive property of GM.

b) GM work based on GM design or unpaid design development with GM images or GM texts with larger proportions of custom images and texts:

The following applies: a) with the following modifications/precedents:
The client provides larger shares of images or text as in a). GM has waived part or all of the development costs of the layout for the Customer, or has provided a design/layout, or will create a design/layout during the course of the project without the Customer assuming all of the costs. As a result, GM is the copyright holder of the design/layout by agreement and is free to exploit and market it in any form. The layout/design can be offered in any form and without protection for areas, industries, etc. to any customer. The customer agrees that GM may, as documentation of its claim, mix or subordinate a verifiable portion of its own image and text material with material provided by the customer. The customer explicitly agrees to the mention of GM and its intellectual property rights in the following or similar forms at GM's discretion: "Copyright JAHR design, work and parts imagery GM". "All rights of the design/layout belong exclusively to GM. The use in other projects is expressly reserved.“, or "Copyright YEAR, customised image and text material by the client. Permission to reprint by GM for their own advertising or publication has been expressly granted."

c) GM plant exclusively on the basis of customer-specific images and texts and a design developed expressly for the customer:

The following applies: a) with the following modifications/precedents:
Provided that the customer has paid all actual costs for the development of a Work on a per man-day billing basis, GM will not re-use imagery, identical textual material or the specific design of the Work for other projects. Generally, the print runs are handled via GM. The customer may als purchase the physical artwork from GM against reimbursement of the lost profit. The delivery of the final result instead of the artwork in a digital form (e.g. PDF) chosen by GM is at GM's discretion. The customer has no right to further disseminate this data, except for temporary transfer to the printer. Likewise, he has no right to intermediate results or to internal data/formats. The customer has property rights only for a specific constellation of arrangement, colours and visuals (composition). GM is free to offer similar works/themes in any form to any other customer, also on the basis of similar layouts developed or further developed by GM. The copyright on general parts of the work such as guide bars, forms of page numbering, sections remains entirely with GM. The Client understands that in the creation of a Work, content knowledge is also acquired by GM.Texts developed by GM for other works or also existing texts may therefore be similar to texts of the customer on the basis of the facts of the case, and in the case of descriptive contents even partly the same in the choice of words ("strongly scented" remains "strongly scented", "bulky" remains "bulky"). The rights to such proprietary developemnts are held in full by GM.
GM may point out that the work was created by them and have reference copies printed in addition. The publication of a short excerpt or the title page on the internet is explicitly permitted. The client furhter agrees to the refference "Made by GM" in the imprint of the work.

Material to be provided by the customer (e.g. images and texts):
Digitisation/reworking/additions etc. of material provided by the customer shall be carried out at cost. Not all media/formats support certain possibilities and qualities. Rework and corrections to achieve properties in this respect shall be at the expense of the customer. As long as GM's work is only general corrections, textual additions or unspecific general image editing, GM does not claim any copyrights. As soon as text, image, code or other copyrighted material from the GM collection is used, or GM provides creative services on a large scale, explicit licence agreements are necessary. Without this, any use of GM media (e.g. image/text material) is prohibited.

Programme code, image and text material provided by GM (only if explicitly included or necessarily supplied by us in the scope of delivery or provision):
The programmes, images, text and other media created internally by GM or provided for the execution of the order are protected by copyright and may only be used in conjunction with a licence agreement regulating their use. Otherwise, any use or distribution is expressly prohibited. The customer shall be liable, amon other things, for all costs incurred and the profit lost by GM.

Execution:
Unless otherwise agreed, GM may determine grammage, stitching, paper type (glossy/matte) at your discretion.

Corrections after printing:
Insofar as the customer was able to access or view a print sample that was in principle the same online/offline prior to printing - with the exception of variable portions and not necessarily in terms of format/size - the customer shall assume responsibility for its scope of delivery with regard to form and content or necessary corrections following objections by third parties in the case of standard products as of the order, and in the case of other constellations as of the release for printing. He corrects, blackens, pastes over, etc., - if necessary - at his own expense such shares and instructs his customers accordingly. Such incidents are not a reason for not fulfilling obligations towards the GM.

Legal form of the customer:
The customer warrants to GM that it is carrying on a trade.