GENERAL BUSINESS TERMS AND CONDITIONS OF SERVICE JERZOVSKAJA (TOS)
(Version 1.0, April 2001)

Regardless of the form, all formulations shall apply for both genders.

1. AREA OF APPLICABILITY AND PURPOSE
The general business terms and conditions shall regulate the copyrights and licenses and ensure the seamless execution and adherence to the licensing agreement. You are the Licensee; the Licensor is Kai Jerzö (hereafter, »Jerzovskaja«). In the agreement concluded with Jerzovskaja, you, as the Licensee, accept these general business terms and conditions as a component of the agreement.

2. CONTRACTUAL OBJECT
Jerzovskaja shall grant you a simple license for the use of the work product he has created and is described in the licensing agreement.
Subject to the following conditions, he transfers to you a non-transferable and non-exclusive right to the use of this work product.
Without having received the prior written approval of Jerzovskaja, you shall not be entitled to transfer the license or the rights or obligations originating from the licensing agreement (sub-licenses) to third parties.

3. SCOPE OF THE LICENSE
The licensing agreement shall regulate the permissible use of the work product as well as the substantive, territorial and time-related restrictions of the license. The license to the work product shall be transferred to you as agreed upon in the licensing agreement. Any further rights of use must be agreed upon in writing.

4. PROTECTION OF THE INTELLECTUAL PROPERTY AND THE COPYRIGHT
All other rights of use as well as the copyright as such shall remain the property of Jerzovskaja.
Included among these are particularly the modification and processing rights, the right to include the work product in a collection of works, the right to the designation of authorship. The original work products shall remain the property of Jerzovskaja. They must be handled with the appropriate due care and immediately returned after use.
You acknowledge the intellectual property rights of Jerzovskaja to the work products he has created as well as parts, modifications and processing of these work products. Included among the intellectual property are exposés for concepts, design recommendations, drawings, logos, lettering, proprietary publishers’ marks, graphics, sketches, figures, animation, texts, slogans, names, titles, etc.
Without the written approval of Jerzovskaja, you shall have no right to acquire industrial property rights for the work products.
Industrial property rights are considered to be the right to the design or designation such as the trading name or trademark, etc. Upon the request of Jerzovskaja, all industrial property rights acquired must be transferred to Jerzovskaja when the licensing agreement is terminated.

5. LICENSING FEE
The manner of invoicing and amount of the one-time licensing fee and the recurring licensing fees are specified in the licensing agreement.

6. PRELIMINARY WORK
An initial meeting is free of charge for you and non-binding for both parties.
All of the activities and preliminary work following the initial meeting (drafts, sketches, design recommendations, presentations, etc.) are subject to a fee notwithstanding the conclusion of a licensing agreement.

7. CONTRACTUAL PENALTIES, DAMAGE COMPENSATION, LEGAL REMEDIES
If you use the work product of Jerzovskaja in violation of the agreement or the law, you shall owe Jerzovskaja a contractual penalty in the amount of the one-time licensing fee for each violation of the agreement or the law. Jerzovskaja’s claims to contractual performance, damage compensation as well as the other contractual and legal remedies shall continue to apply notwithstanding the payment of the contractual penalty.

8. CONTRACTUAL TERMINATION
A licensing agreement of a fixed contractual duration shall end with the expiration of the contractually agreed-upon duration.
A licensing agreement with a license for a determinate length of time shall end with the expiration of the time period, for which the license was granted.
Without having any obligation to do so, the contractual parties shall endeavor to negotiate a renewal of the license before the expiration of the contractual duration. With the expiration of the agreement, the license shall lapse and the rights of use shall be transferred back to Jerzovskaja.

9. CHOICE OF LAW, LEGAL VENUE
Swiss law shall apply. The legal venue shall be Zurich.
However, Jerzovskaja shall also be entitled to take legal action against the Licensee in another competent court or with another competent governmental agency.

Zurich, April 2001 (AGB Jerzovskaja – Version 1.0)