General terms and conditions for downloading Standards and technical rules
§ 1: Subject and scope of the Agreement
These general terms and conditions apply with regard to the downloading of standards and/or technical rules (called “works” in the following) from Beuth Verlag GmbH (called “Beuth Verlag” in the following) by users of the standards download service, insofar as the User represents a company, is a legal entity under public law or is a special fund under public law. Beuth Verlag makes the ordered works available to the User in electronic form online according to § 3 for a period of time according to § 8 for the User to download. Once the works are made available they are deemed to have been transferred, at which point the responsibility of Beuth Verlag for the data transfer terminates.
The present terms and conditions and the the terms of delivery and payment of Beuth Verlag apply to the exclusion of all others. Contrary or supplementary terms and conditions of the User shall not form part of this Agreement, even where this is not expressly contested by Beuth Verlag.
§ 2: Right of access
The User shall register with Beuth Verlag, giving his/her full and correct details; Beuth Verlag will then set up access to his/her ordered work(s) and issue the User a user name and password for this access. The passing on of user names and/or passwords to third parties is not permitted. The User will be invoiced for ordered works.
§ 3: Technical requirements
Beuth Verlag provides all works in PDF format. Software for displaying or searching the documents is not included in the delivery. The User is responsible for satisfying, at his/her own expense and risk, the technical requirements for using the works.
Beuth Verlag reserves the right to make changes to the technical requirements, in as far as the changes are reasonable to the User under consideration of the interests of Beuth Verlag. Beuth Verlag will endeavour to keep these changes to a minimum.
§ 4: Rights
(1) The works supplied are protected by copyright. The User has a non-exclusive, non-transferable right to use the downloaded works at a single workplace for his/her own or for company purposes
(2) The User may use the downloaded works exclusively for his/her own or for company purposes at a single workplace. Use includes the long-term storage or printing out of single paper copies within the strict limits stipulated by copyright law. Beuth Verlag reserves the right to limit the number of copies and print-outs in a suitable manner.
(3) Use of the downloaded works for internal company use in the User's company network is only permitted if the User is a member of DIN and this membership includes the right to make copies for internal company use, or if the User has procured a special licence to use the works in an internal company network.
(4) The User is granted no other rights to the works. In particular, it is not permitted to transmit the works, in whole or in part, on electronic data carriers, by data transmission, as paper copies, or by other means, or to grant third parties access to the stored works, or to save the works on a local retrieval system/intranet, or to supply information on a commercial basis; any translation, processing, re-arrangement or other form of transformation of the works are also not permitted.
Further rights of reproduction and translation can by granted to the User on request, according to DIN Notices of Copyright 1 to 4
(4) Other licensing terms and conditions may apply for special works.
(5) Should Beuth Verlag suspect any improper use of data or other infringements of these terms and conditions, it reserves the right to investigate such matters and take appropriate measures or terminate the access rights of the User. Claims for damages remain hereby unaffected.
§ 5: User's obligations
The User is obliged to use the standards download function solely in the manner intended. In particular, Users shall not make improper use of their access rights and shall respect the accepted data security principles for ensuring data protection. The User shall notify Beuth Verlag immediately of any indication of improper use.
The User shall bear the costs for terminal and telecommunication charges.
§ 6: Confidentiality
The User shall take due care to ensure that unauthorized third parties do not gain access to user authorization or to any copies prepared by the User or authorized secondary users, and that such third parties do not obtain unauthorized knowledge of the content of the data in the database.
§ 7: Remuneration
Beuth Verlag charges for the works supplied. Prices shall be taken from the current price lists.
§ 8: Period of use
Right to access to the downloaded works will be granted on a case-by-case basis for each order. The works ordered will be made available for downloading for 30 days. Beuth Verlag reserves the right to change the time period during which downloads are made available at any time.
§ 9: Liability
Any claims for damages are excluded. This does not apply to damages arising from injury to the life, body or health of a person, or where key contractual obligations ("cardinal obligations") are infringed, or to other forms of damage caused by any intentional or grossly negligent dereliction of duty on the part of Beuth Verlag, its legal representatives or agents. Key contractual obligations are such that need to be fulfilled in order to achieve the aim of the contract.
Compensation for infringement of key contractual obligations shall be limited to foreseeable losses typical to the contract, if such damage was caused by ordinary negligence, unless it concerns compensation of the User for damages relating to injury to life, body or health.
The above limitations also apply to Beuth Verlag's legal representatives or agents if claims are made against these directly.
According to the current state of technology at Beuth Verlag no guarantee can be made for fault-free and complete data. Beuth Verlag is not liable for any technical malfunctions which may occur during online access. During system maintenance, use of the service may be limited. Beuth Verlag reserves the right to carry out system maintenance which may make access to downloads temporarily unavailable.
The provisions of the Produkthaftungsgesetzes (German Product Liability Act) shall remain unaffected.
§ 10: Data protection
Pursuant to §33 clause 1 of the Bundesdatenschutzgesetz (German Data Protection Act), Beuth Verlag hereby informs the User that it will store the User's information given at the time of registration in a machine-readable format for processing as the Agreement requires. Beuth Verlag ensures that this will be done in observance of the German data protection regulations. The data may be transmitted to an affiliated company unless the User revokes his/her consent to this when the period of use begins or at a later time.
§ 11: Applicable law, Place of jurisdiction
Contractual relations between the User and Beuth Verlag shall be governed by German law to the exclusion of UN Convention on Contracts for the International Sales of Goods (CISG).
Any disputes arising from contractual agreements between the User and Beuth Verlag shall fall under the jurisdiction of the place at which Beuth Verlag has its registered office (at present Berlin). Beuth Verlag is entitled to bring legal action at the User's principal place of business.
§ 12: Other conditions
Should any provisions of this Agreement prove to be invalid or unenforceable, the validity of the rest of the Agreement remains unaffected. In such cases, the parties are obliged to replace said provision with a more acceptable or enforceable provision that corresponds to the spirit and purpose of the original provision as closely as possible.