General terms of use for online access to publications (databases and their contents) of the Wissenschaftliche Verlagsgesellschaft Stuttgart

 

These general terms of use outline the rights and restrictions pertaining to online access by the authorized user to publications (databases and their contents) of the Wissenschaftliche Verlagsgesellschaft Stuttgart at JustScience.

The Wissenschaftliche Verlagsgesellschaft Stuttgart hereby grants the authorized user the limited, non-exclusive and non-transferrable right to access the online publications (databases and their contents) and allows the use as outlined below. The Wissenschaftliche Verlagsgesellschaft reserves all rights to the software and content not expressly granted in these terms of use.

 

2.1 The publisher is the sole owner of all copyrights and rights of use to the publications (databases and their content) and particularly to the computer program and online help system.The publications and their contents are protected by copyright law. The exclusive copyright to the publications (databases and their content) remains with the Wissenschaftliche Verlagsgesellschaft Stuttgart and/or the registered owners.

 

2.2. The publisher grants the authorized user the following non-exclusive rights: 

• The online use of the program on the website www.JustScience.de of the Wissenschaftliche Verlagsgesellschaft.
• Concurrent use by a number of end users not to exceed the maximum number specified in the contract.
• Modification of programs belonging to the product (for example by translation, alteration or arrangement) is not permitted.
• If the program allows the exportation of data for further processing in another program, the exported data and their further use are permitted only for the personal use of the end user. The data must be labelled with the customary acknowledgement of the source.
• The electronic storage of portions of the publication is allowed solely for the personal use of the authorized user.
• The authorized user may make one print-out of portions of the publications.
• Any other use of the product – in particular further reproduction or concurrent use by more than the contractually specified maximum number of users – shall make the user liable for payment of damages and may be prosecuted by law. This includes the distribution or provision of the data to third parties and any other commercial use of the data in their entirety or in part in connection with new programs or systems or in print form.

3.1 The authorized user is prohibited from selling, re-selling, loaning, transferring, renting or otherwise making any other commercial use of the publications (databases and their contents) for any portions thereof against payment (commercial use).

3.2 The authorized user is prohibited from (i) modifying or removing the names of the authors or the copyright notices of the publisher or any other identifying marks or disclaimers in the publications (databases and their content), (ii) systematically making print or electronic copies of multiple extracts of the publications (databases and their content) for any purpose, or (iii) providing third parties with access to parts of the publications (databases and their content) in an electronic network, including intranet, internet and World Wide Web.

3.3. Passwords and other access codes (e.g. user IDs) may not be given to third parties.

4.1 The Wissenschaftliche Verlagsgesellschaft guarantees that the authorized user is not violating any rights of third parties such as copyright and other proprietary or intellectual rights by using the licensed publications (databases and their content) as set out in this contract. The Wissenschaftliche Verlagsgesellschaft Stuttgart shall pay all damages, costs, liabilities and expenses (including reasonable fees for attorneys and experts) arising from action against the authorized user as a result of actual or alleged violations of such rights. This guarantee shall survive the termination of the contract, regardless of the reason for that termination. It loses its validity when the authorized user makes non-permitted changes to the publications (databases and their content) or extracts thereof.

4.2 The Wissenschaftliche Verlagsgesellschaft Stuttgart reserves the right to withdraw at any time in part or in its entirety any portion of the provided databases to which it should lose the right to publication or which it believes to violate copyright or to be defamatory, obscene, illegal or offensive in any other way. 

4.3 The nature and extent of the online access service JustScience provided by the Wissenschaftliche Verlagsgesellschaft Stuttgart are determined by current technical, legal and economic conditions affecting the employed data networks. The site of data transfer is the interface between the server of the Wissenschaftliche Verlagsgesellschaft Stuttgart and the internet or other data networks. The responsibility of the Wissenschaftliche Verlagsgesellschaft for the transfer of data ends at this point. Use of the licensed publications (databases and their content) is at the user’s own risk. Access to the online versions of the licensed publications may be interrupted or faulty. The Wissenschaftliche Verlagsgesellschaft Stuttgart assumes no responsibility of any kind for the completeness and correctness of the electronic data. The Wissenschaftliche Verlagsgesellschaft Stuttgart assumes no responsibility for any links to the websites of third parties contained in the licensed publications (databases and their contents), including continuous availability of access to these websites, their technical quality and quality of form and content. Only the owner of the third-party website is liable for these pages. The Wissenschaftliche Verlagsgesellschaft Stuttgart reserves the right to deactivate or remove links of this type. 

4.4. Wherever the license agreement does not specify otherwise, the Wissenschaftliche Verlagsgesellschaft Stuttgart assumes no responsibility or warranty, including all guarantees with respect to the design or correctness of the information contained in the publications (databases and their content), to merchantability or fitness for a particular purpose or technical compliance with any type of computer system. The licensed publications (databases and their content) are provided „as is.“ 

4.5 Wherever Article 4.1 makes no other provisions, the Wissenschaftliche Verlagsgesellschaft assumes no responsibility for damages or consequential damages to the authorized user arising from the non-availability or use of the licensed publications (databases and their content). The Wissenschaftliche Verlagsgesellschaft Stuttgart is liable solely for damages arising from intent, gross negligence or misrepresentation in connection with the use of the publications. Regardless of the cause or form of the action, the total liability of the Wissenschaftliche Verlagsgesellschaft Stuttgart in the case of legal claims, loss or damages arising from a breach of contract on the part of the Wissenschaftliche Verlagsgesellschaft shall not exceed the sum of the usage fees paid by the user to the Wissenschaftliche Verlagsgesellschaft Stuttgart or its agents within the reference period during which the legal claim, loss or damages were incurred. The above limited liability and the exclusion of certain damages remains valid independently of the success or validity of other legal remedies. Legal suits on the part of the user arising from these conditions of use must be submitted at the latest within six (6) months after the incursion of damages, regardless of the cause or form of the damages.

5.1 The Wissenschaftliche Verlagsgesellschaft and the user agree that even careful production according to the state of the art, software errors cannot be excluded.

5.2 The user shall make suitable provisions for the event that the software in part or whole fails to perform correctly, for example by alternative methods, data backups, error diagnosis and regular monitoring of results.

6.1 The license is considered terminated when the user intentionally, materially and persistently disregards copyrights or other intellectual property rights of the Wissenschaftliche Verlagsgesellschaft Stuttgart or the terms of Article 2 with respect to terms of use or the terms of Article 3 with respect to limitations of use.

6.2 The Wissenschaftliche Verlagsgesellschaft Stuttgart reserves the right to immediately deny access to the server if one of these terms of use is not observed.

6.3 The Wissenschaftliche Verlagsgesellschaft Stuttgart reserves the right to change these terms of use.

7.1 Force majeur. Should one of the parties fail to fulfil or be tardy in fulfilling its obligations under these terms of use for reasons not under its control (including war-like conditions, strikes, flooding, government requirements, interruptions in electricity, telecommunications or internet service, and damage to or destruction of the network), this does not constitute a breach of contract.

7.2 Jurisdiction. These terms or use are subject to the laws of the Federal Republic of Germany. The court of jurisdiction is Stuttgart if the licensee is a commercial user or a legal entity under public law.

 

Wissenschaftliche Verlagsgesellschaft Stuttgart, Birkenwaldstraße 44, D-70191 Stuttgart