und Vertriebs GmbH
1 Subject Matter of Contract
Within the scope of our fair use policy (50 download tickets per day), using the database and downloading CAD/BIM files is free of charge for the customer.
The database solely is to be used by customers who are companies according to business conditions. These are normal or lawful persons or legal business partnerships, which operate in commercial or self-employed activities.
The database provider supplies the customer with online access to this database and the therein contained data per http via internet for research and to retrieve data within the frame of this contract.
The use of this database occurs solely based on the existing terms of this contract. Other terms and conditions are invalid even if the database provider does not exclusively object to these. Addendums and changes to the contract are only valid if in writing.
The purpose of this data is limited to the use thereof for CAD designs and BIM designs. Any use of this data with the goal of replacing or copying parts of or the entire database is strictly prohibited.
2 Use of Customer Data, Non-Disclosure and Data Protection
The database provider records the usage and billing data and saves these respectively during the legally admissible time. Upon request, the customer has the right to be informed concerning his saved data free of charge. The customer is hereto informed that the database provider saves and mechanically records the customer’s address and other specific details in machine-readable form and according to the guidelines of the Federal Data Protection Act. The database provider guarantees the confidential treatment of this data. The customer must allow himself to be registered in the attached form in order to validate this contract. The database provider is expressly authorized to pass on the third-party usage data of the customer to the respective manufacturer/supplier as well as the transmission of usage data to third parties for purposes of advertisement, marketing research and surveys.
The database provider does not assume liability for the access options on the database and the availability of the saved data, the database provider has put the data together with the utmost care. The database provider does not assume liability for the guarantee of correct, complete, up-to-date and usable data recalled by the customer. The identity of the dimensions of parts in the database to the purchased parts is not guaranteed. No guarantees necessarily account for particularly insignificant impairments during research, data recall or concerning the content of the data (e.g. typos), which do not significantly impair the database. Excluded from the warranty are problems that arise from defects or interruptions in the customer’s computer, communication channels, or from improper use by the customer.
The granting of free use of the database occurs in good faith and at the customer’s own risk. The database provider assumes responsibility and liability in the event of gross negligence or breach of an essential requirement for the completion of the contract. Any liability for consequential damages arising from the use of third data cannot be assumed. Warranty and liability are excluded for the remainder of the contract.
All rights, in particular the copyright use and analysis right of the database as well as those to the essential parts of the database in regards to the customer are exclusively reserved for the database provider. The customer has the right to conduct searches in the database and save a selection of the researched data onto the memory of his computer hard drive. The customer may print out the retrieved data as a hard copy or save it onto the hard drive of his computer. The customer may use the retrieved data for personal uses only.
The following use of data recalled in electronic form by the customer is strictly prohibited:
The use of retrieved data to produce more than just individual copies or for making systematic collections or compiling a new database, especially the systematic collection in computer systems, the systematic collection of data in PDM;PLM; BIM systems, or systems with the same objective target.
The production of additional copies of the downloaded data for personal scientific use, if carried out for commercial purposes and the inclusion of additional copies in personal files, even if this is for the customer’s own information and concerns daily demands.
The retrieved data may be passed on to business partners and companies (such as workshops) for consideration and implementation of concrete projects. The customer will ensure that the business partners of the company do not to use the data for other purposes. Otherwise, the retrieved data may not be ceded to third parties, distributed, or communicated to the public.
The translation, adaptation, arrangement and other alteration of the retrieved data requires the consent of the database provider. The compilations of summaries (abstracts), which replace the notice of the original data, are prohibited.
The distribution of this data to the direct or indirect competitor of the database provider.
The customer may not remove any copyright, trademark and other reservations of rights in the data.
6 Special Provisions for Information Brokers
7 Technical Specifications
The customer is responsible for supplying the connection to the database provider’s servers and for all other technical outfits.
The database provider has the right, if necessary also during working hours, to conduct maintenance on the server and database. This may result in disturbances concerning data recall for which the database provider assumes no liability.
8 Customer Obligations
The customer ensures that unauthorized third parties do not gain access to copies made by him or gain unauthorized access to the contents of the database. The database provider reserves the right to investigate suspected abuse or breach of contract, take appropriate actions, and upon justified suspicion, reserves the right to freeze the customer’s access to the database.
The customer is obligated to inform the database provider about noticeable damages or defects of the database.
I hereby declare myself to complete the Database Order Contract. In particular, I hereby authorize consent to share the use of data in the context of paragraph 7 of this contract. I hereby also certify that I own a valid CAD software license and confirm to use the data solely for the above described purpose(s).
9 Jurisdiction and Applicable Law
All legal relations arising from this contract are subject to the laws of the Federal Republic of Germany. Court of Augsburg (Germany).