| General Conditions of Trading for Online Products |
| 1. |
Preamble |
| 1.1 |
These conditions of trading apply for all digital databases, applications, pieces of information, standard contracts, explanations and other online services (hereafter online products) provided by Vincentz Network, no matter whether free of charge or for a fee, to be used exclusively as a means of remote data transmission via the Internet. |
| 1.2 |
For goods supplied (books, loose-leaf editions, supplementary supplies, tables, brochures, CD-ROMs and DVDs) the general agreements on trade for goods supplied apply (AGB Warenlieferungen). |
| 1.3 |
When software is supplied additional conditions apply (Software Licensing Conditions). |
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| 2. |
Conclusion of contract /access to online products |
| 2.1 |
The contract comes into force when the customer pays Vincentz Network by credit card or electronic direct debiting procedure the sum indicated on selection of an online product. On conclusion of the contract the customer is granted the non-transferable and non-exclusive usage right to the online products which are the object of the contract. This usage right is restricted in particular as described below under item 6. All usage rights not explicitly listed remain with Vincentz Network as the owner of all copyrights and property rights. |
| 2.2 |
The contract comes into effect when Vincentz Network receives payment. |
| 2.3 |
The customer's access to the online products is by means of password-protected remote data transmission via the Internet. The customer is bound to keep his access data and his password secret and protect these from unauthorised use by third parties. The customer must report the loss of access data or password or the unauthorised use of these data immediately to Vincentz Network. Otherwise in the case of unauthorised use Vincentz Network is entitled to block access to online products. The customer is liable for any unauthorised use which he must answer for. |
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| 3. | Terms of payment |
| 3.1
| Payment should be made net on receipt of invoice. In the case of direct debit the subscription price will debited from the customer's account. |
| 3.2 |
The prices in the invoice are gross prices (net price plus statutory value added tax). |
| 3.3 |
All prices for online products can in the case of continuing subscriptions be adjusted in line with general price increase rates. Information will be issued to customers on intended price adjustments. |
| 3.4 |
The customer is not entitled to withhold payments in unless he has a legal right to withhold payments. |
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| 4. |
Notice of termination |
| 4.1 |
The contract for online products can be cancelled at any time provided there are no periods of notice of cancellation especially agreed in the subscription. Where the agreed notice of cancellation period for a subscription is adhered to the customer can continue to have access to the online products until the end of the subscription period. |
| 4.2 |
All notices of cancellation must be given in writing. Not using online products does not count as giving notice of cancellation. If notice of cancellation is not received on time the existing subscription will be extended automatically. |
| 4.3 |
Concerning products where notice of cancellation is given with immediate effect the customer is entitled to a partial refund for the amount not taken advantage of minus any costs which might have been incurred. |
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| 5. |
Copyright / usage rights |
| 5.1 |
All copyrights, usage rights and other property rights pertaining to the online products remain with Vincentz Network. |
| 5.2 |
The customer purchases the right to access the online products from any computer he chooses which is suitable for this purpose. The duration of this usage right depends on the agreement as stipulated in the contract, the customer will be informed of this at the beginning of the contract and it ends at the latest when the contract expires. |
| 5.3 |
The customer is bound to use the online products for his own personal use only and not to enable third parties to have independent access to the online products whether free or for a charge. Access to the online products may only be obtained from one computer at a time and not from two or more computers simultaneously no matter whether they are being used by the same person or various persons simultaneously. |
| 5.4 |
Where a contract has been made for a shared licence the customer is authorised to access the online products in accordance with the agreement contract at any time from one or more computers with several persons simultaneously. |
| 5.5 |
It is forbidden for the customer to change the copyright notes, labels/trademarks and/or details on ownership of the online products. |
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| 6. |
Warranty/liability |
| 6.1 |
The online products are revised and updated regularly with due care. Despite all prudence and care, when using the online products attention should always be paid to the fact that changing laws or changes in jurisdiction make modification of the online products necessary. |
| 6.2 |
Insofar as the customer downloads contents, applications etc. from an online product and saves them, at least temporarily, it is imperative to use the downloaded data relevantly in the current version. The customer bears sole responsibility for the selection and use of online products. |
| 6.3 |
Liability will only be taken for any damage to the customer's other software or to data media/ data processing equipment caused by the use of online products insofar as typically occurring, predictable damage is concerned and the flaws in the online products responsible for the damage are caused deliberately by or through gross negligence of a statutory agent or representative. In contracts with corporate bodies of public institutions or public funds as well as traders - for the latter however only insofar as the contract belongs to running their business - over and beyond the liability limitation defined in the previous sentence liability in the case of gross fault on the part of an agent is excluded insofar as it does not involve fault on the part of leading agents nor have main contractual responsibilities been infringed. Statutory claims to have defects removed or to have subsequent supplies - but not for compensation - remain unaffected by the aforementioned regulation. Wider claims by the customer, in particular in regard to loss of profit or secondary damages are excluded. |
| 6.4 |
In order to safeguard his system the customer is obliged to save data at intervals which are adequate for their purpose. In the case of justified complaint about loss of data liability is only taken for the effort normally required to restore the data. |
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| 7. |
Unavailability |
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Vincentz Network endeavours to permit permanent access to the online products, that means 24 hours a day, 365 days a year. However availability at all times is not explicitly guaranteed. For technical reasons in particular, for instance necessary maintenance or repair work, access can be temporarily restricted. |
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| 8. |
Data protection |
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Note according to § 33 BDSG ( Federal Data Protection Act ): Storing and processing customer data is carried out by Vincentz Network and neutral service providers commissioned by us in strict accordance with the federal data protection act. Customer data are stored in the form of names and addresses of place of residence or business. |
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| 9. |
Concluding regulations
- German law applies exclusively.
- Place of performance and court of jurisdiction for traders is Hanover.
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Please send complaints, cancellations, disclaimers to the following address:
Vincentz Network, Postfach 62 47, 30062 Hannover, Germany
E-Mail: online@vincentz.de
Situation: November 2004 |
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| Software licensing conditions |
| 1. |
Preamble |
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These licensing conditions are valid supplementary to the general trading conditions for supplying goods (AGB Warenlieferungen) or the general conditions of trading for online products (AGB online products). By opening the seal the licensing conditions are accepted. |
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| 2. |
Granting of usage rights |
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With the conclusion of the contract for the supplying of/the download of software (regardless of the storage media) the customer is granted non-transferable and non-exclusive usage rights to the software which is the object of the contract and which are limited to the uses described below. All usage rights not explicitly listed there remain the property of Vincentz Network as the owner of all copyrights and property rights. |
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| 3. |
Scope of usage rights |
| 3.1 |
On receipt of the software supplied to him the customer acquires the right to use it on any computer of his choosing suitable for such purposes. Furthermore with some products the customer is explicitly granted the right to use an online database. The duration of this usage right depends on the individual software product and the customer will be informed about this at the beginning of the contract and with every succeeding update. Insofar as the usage rights to the software which is the object of the contract are time limited they end after the agreed usage period expires. The usage rights to the online database are determined exclusively by the subscription time for each individual software product and expire simultaneously with it. |
| 3.2 |
The customer is bound to use the programme for his own personal use only and not to enable third parties to use it whether for a charge or free of charge. The software may only be used by one person on one computer and not on two or more computers simultaneously no matter whether they are being used by the same person or various persons simultaneously. |
| 3.3 |
The customer is authorised to install the software on one hard disc and to use it and also to make one back-up copy of the original floppy disc or CD-ROM which however may not be used simultaneously with the original version. Where a contract has been made for a network version/ shared licence the customer is authorised to use the software in accordance with the agreement contract at any time from one or more computers with several persons simultaneously. |
| 3.4 |
The customer is not authorised to produce copies of the software unless these copies are for data security purposes and used solely for that purpose. Furthermore he may not reproduce software components, accompanying illustrations, the handbook, accompanying texts or documentation belonging to the software by means of photocopying or microfilming, electronic storage or by other procedures, nor may he sell or rent the software and/or the documentation belonging with it, nor grant sublicenses to third parties or put these at their disposal in any other way. The customer is not authorised to pass on to third parties transfer admissions and/or passwords for the product or for database access connected with the product. The customer is not authorised to change, modify, adapt or decompile the software and/or the documentation belonging to it whether wholly or partially insofar as this exceeds the restrictions of §§ 69d section 3, 69e of the copyright law. It is also forbidden for the customer to make changes to the programmes or the documentation material concerning copyright notices, trademarks/brand names and/or data on the publisher. |
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| 4. |
Liability |
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Liability will only be taken for any damage done to the customer's other software or to data media/data processing equipment caused by the use of software supplied by Vincentz Network if the flaw in the software/data medium supplied has been caused deliberately by or through the gross negligence of a statutory agent or representative and insofar as typically occurring predictable damage is concerned. In contracts with corporate bodies of public institutions or public funds as well as traders - for the latter however only insofar as the contract belongs to running their business - over and beyond the liability limitation defined in the previous sentence liability in the case of gross fault on the part of an agent is excluded insofar as it does not involve fault on the part of leading agents nor have main contractual responsibilities been infringed. Statutory claims to have defects removed or to have subsequent supplies, to cancellation or a reduction - but not for compensation - remain unaffected by the aforementioned regulation
Wider claims by the customer, in particular in regard to loss of profit or secondary damages are excluded. |
| Situation: November 2004 |
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| Downloading documents |
| 1. |
Preamble |
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The following conditions of trading apply for digital contents, information, template documents and explanations made available for download whether for a charge or free of charge (hereafter called contents).
From the beginning of requesting contents (as a download or per e-mail attachment) a legal contract has been entered into corresponding with the previous notes on usage. |
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| 2. |
Terms of payment |
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The contract comes into force as soon as the customer pays Vincentz Network by credit card or by electronic direct debit procedure the amount indicated after selecting an online product. |
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| 3. |
Starting credit |
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Every user can use any starting credit he might have once and for himself only. Unused starting credit expires after the period of validity (90 days after registration) without further notice. Cash disbursement or return of the starting credit are not possible. |
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| 4. |
Copyright |
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All copyrights, usage rights and other property rights pertaining to the contents remain with Vincentz Network. The user is only authorised to use the content for his own purposes. He is not authorised to make the content available to third parties whether by Internet, intranet or extranet. Reproducing and reselling the content for commercial purposes are definitely excluded. |
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| 5. |
Warranty /liability |
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The contents are revised and updated regularly. Despite all circumspection and care, when using the contents attention should always be paid to the fact that changing laws or changes in jurisdiction make modification of the contents necessary. A relevant application of the downloaded contents, in the most up-to-date version, is therefore advisable. The user bears sole responsibility for the selection and application of the contents.
Wider claims by the user, in particular in regard to loss of profit or secondary damages, are excluded. This does not apply when the damage is caused intentionally or with gross negligence on our part. |
| 6. |
Data protection |
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Note according to § 33 BDSG ( Federal Data Protection Act ): User data will only be stored for internal purposes. Using and processing user data with neutral service providers is carried out in strict accordance with the data protection law.
On registering the user expressly declares his agreement to his name and e-mail address being stored for occasional information about updating the contents and about new offers. This agreement can be withdrawn by sending an e-mail, fax or letter, no official form is required. |
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| 7. |
Concluding regulations |
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German law applies exclusively.
Place of performance and court of jurisdiction for traders is Hanover. |
| Situation: November 2004 |
General Conditions
