General terms of use

Terms and Conditions of Use

for the Database Portal

Your use of the website constitutes your agreement to be bound by these terms and conditions of use.

1. Subject of the Agreement

These General Terms and Conditions of Use set out the rights and obligations connected with the online use of the database portal between Wissenschaftliche Verlagsgesellschaft Stuttgart as provider (“Provider”) and the customer (“Customer”).

2. Access to the online database portal

The Customer is granted access to the online products of his choice inside the secure area of via remote data transmission (RDT) and the use of the user login and password assigned to him.

Customers, agencies and other institutions connected to the internet with a static IP address can arrange with the Provider to use an IP check for authorization.

The Customer is obligated to keep all access codes and passwords confidential and to prevent misuse by third parties. He must also ensure that all users in his company or institution are also made aware of this obligation.

3. Other obligations of the Customer

3.1 The Customer is responsible for ensuring that all technical prerequisites are met in order to be able to use the services of the database portal (for example the provision and setup of hardware, operating system, internet connection, current browser software, etc.). At the Customer’s re­quest, the Provider shall recommend suitable browsers. If the database portal and other technical com­ponents of the system are updated by the Provider, the Customer is responsible for making the nec­es­sary changes in the employed hardware and software. In order to avoid problems using the database portal, the computers employed by the Customer should have the current time and time zone set correctly, and the Customer’s system should accept the cookies transmitted by the Pro­vi­der’s server. The Customer is responsible for making the corresponding settings.

3.2 The Customer is obligated to ensure the security of his system. This includes in particular the use of an up-to-date virus scanner. The Provider is not liable for virus damage that could have been prevented by the use of such software.

4. Scope of services/Use restrictions/Provider’s right to make changes

4.1 The content to be delivered to the Customer on the basis of his contract shall be identified in the License Agreement. The database portal is available 7 days a week, 24 hours a day.

This does not apply to a) times during which the database portal is temporarily un­available because the necessary client-side technical requirements for access to the online database are not met, b) times during which the online database is not available because of network disruptions or malfunctions in the internet provider’s scope of responsibility, c) times during which the online database portal is unavailable due to force majeure, in particular because of power outages not within the influ­ence of the Provider, d) times during which the online database portal is unavailable because of mainte­nance, which is generally carried between 11 p.m. and 5 a.m.

The Provider shall ensure that the use of the licensed publications (database and its content) on the part of the authorized user as laid out in this Agreement does not infringe upon the rights of third parties such as copyright, other ownership rights or rights to intellectual property.

4.2 The Provider retains the right to remove those parts of the provided databases, either completely or in part, to which it has lost the right of publication, that it suspects violate copyright, or that are libelous, obscene, illegal or in any other way offensive.

4.3 The nature, extent and content of the provided database portal are based on cur­rently applicable technical, legal and economic conditions for the data networks employed. The location of data transmission is the interface between the server of Wissenschaftliche Verlags­gesell­schaft Stutt­gart and the internet or other data networks. The responsibility of Wissenschaftliche Verlags­gesellschaft Stuttgart for data transmission ends at this point. The use of the licensed publications (databases and their contents) is at the sole risk of the user. Access to the online versions of the licensed publications may be disrupted or defective under certain circumstances. The Provider assumes no responsibility for the completeness and accuracy of the electronic data. Wissenschaftliche Verlagsgesellschaft Stuttgart assumes no responsibility for links to the websites of third parties that may be provided in the licensed publications (databases and their contents); more specifically, it assumes no responsibility for the conti­nuous accessibility of those websites or for their technical quality and quality of content. The respective website owners are responsible for their sites. Wissenschaftliche Verlagsgesellschaft retains the right to deactivate or delete such links.

4.4 Wherever these Terms of Use do not stipulate otherwise, Wissenschaftliche Verlagsgesellschaft Stutt­gart makes no pledges or guarantees, including any guarantee with regard to the presentation or accuracy of the information in the publications (databases and their contents), the marketability or suitability for a particular purpose or the technical compatibility with computer systems of any kind. The licensed publications (databases and their contents) are provided as is.

4.5 The Provider assumes no liability toward the licensed user for direct or indirect damages resulting from the non-availability or the use of the licensed publications (databases and their contents). Wissen­schaftliche Verlagsgesellschaft Stuttgart is liable solely for damages resulting from criminal intent, gross negligence or deception with respect to the use of the publications. Notwithstanding this, Wissen­schaft­liche Verlagsgesellschaft Stuttgart is liable only up to the amount of the licensing fees paid by the user within the licensing period in which the claim, loss or damages arise. This limitation of liability excluding certain damages remains valid independently of the success or validity of other legal remedies.

The above provisions also apply to employees and agents of the Provider.

5. Fees/Contract period

The fee to be paid by the Customer is set at the time of the order or its written confirmation. The same applies to the period of use.

The comprehensive copyright with all permissions to use the publications (database and its contents), in particular the software and the online help function, belongs solely to Wissenschaftliche Verlagsgesell­schaft Stuttgart. The publications and their contents are protected by copyright. The exclusive copyright to the publications remains with Wissenschaftliche Verlagsgesellschaft Stuttgart or the registered rights holder(s).

The Customer recognizes that the database portal is a database product made by the Provider or a data­base in the sense of Article 4, paragraph 2 and Article 87a, paragraph 1 of the German Copyright Law (Urhebergesetz, UrhG). The computer programs belonging to the database are protected by Article 69a ff of the German Copyright Law UrhG.

6. The Customer’s rights of use

6.1 On the basis of his order and its written confirmation, the Customer is granted the non-exclusive right to access and use the selected databases and their contents for the agreed period as specified in the order and its confirmation.

6.2 Use is restricted to the agreed number of users and the institution of the Customer as specified in the order and its written confirmation. Access rights are then confirmed by the Provider. The accessed documents are only for the personal use of the user. Any commercial dissemination, in particular the sale, rental, lease or loan of the programs, contents or documents is prohibited.

If the program allows the export of data for further processing into another program, the export and the associated use are allowed solely for the personal needs of the end user. These data must be labeled with the customary information about the source. The electronic storage of excerpts of the publication is allowed solely for the personal use of the Customer. Any use of the work beyond this extent – in particu­lar additional copying or multi-user use beyond the agreed number of users – makes the Customer liable for damages and may be prosecuted. This includes the passing on and provision of the data to third par­ties as well as any other commercial use of the complete data or parts thereof in connection with new programs, systems or print forms.

The Provider is entitled to take technical measures to prevent a use beyond the contractually stipulated extent, in particular by installing corresponding access restrictions. The user may not employ devices, products or other means designed to circumvent or override the technical measures of the Provider. If the user violates these terms, the Provider is entitled to immediately block the Customer’s access and to immediately terminate the Agreement. Other rights and claims of the Provider, in particular an entitle­ment to damages, remain unaffected.

6.3 The license agreement does not encompass the legal right to make a copy as per Article 53 of the German Copyright Law UrhG.

7. Data protection, confidentiality

The Customer notes that the Provider collects, processes and uses personal stock and usage data in the scope of the contractual relationship, insofar as this is necessary for the execution of the Agreement. All data are treated confidentially. For more information, please see our detailed Data Privacy Statement.