General terms and conditions for online services - Beuth Verlag GmbH
§ 1: Subject and scope of agreement
Beuth Verlag grants the user access to its online services provided on the Internet solely under the conditions described in this Agreement. This Agreement does not cover the sale of DIN Standards or other documents, but the user's right to access that portion of the database which relates to the online service in question, for the duration of the Agreement and under the conditions referred to here. No other terms and conditions shall form part of this Agreement, even where this is not expressly contested by Beuth Verlag. The point of data transfer is the point of connection of Beuth Verlag's server to the Telekom data line. The responsibility of Beuth Verlag for data transmission terminates at this point.
§ 2: Right of access
The user shall register with the online service in question, giving his full and correct details. In the case of stand-alone licenses, passing on user names and passwords to third parties is not permitted. In the case of company licenses, user names and passwords may only be passed on within the scope of the license in question (e.g. for "company site" licenses, this scope is the company and location for which the license has been obtained).
§ 3: Technical requirements
Access to all data is provided via the HTTP Internet protocol. Beuth Verlag will provide the version appropriate to the current system capability and configuration. The user is responsible for satisfying, at his own expense and risk, the system and configuration requirements for using the online service.
The minimum system requirements for using the online service in question are:
Access to the Internet
Monitor resolution 800 x 600 dpi
Mozilla Firefox from Version 1.5x or MS Internet Explorer from Version 6.x
Display of graphics in browser turned on (usually the default setting) Adobe Acrobat Reader from Version 6.0 with File Open plug-in installed
Requirements for mobile versions:
Apple iPhone OS/Safari
Microsoft Windows Mobile Internet Explorer
Symbian standard browser
Android mobile web browser (WebKit-based)
Blackberry standard browser
Beuth Verlag reserves the right to make changes to the technical requirements, but will endeavour to keep these changes to a minimum.
§ 4: Rights
All rights, in particular copyright and those pertaining to the use and exploitation of Beuth Verlag's online services, are held exclusively by Beuth Verlag. For the period covered by the User Agreement, the User has the non-exclusive and non-transferable right to use the supplied data for in-house purposes online from not more than one work station unless access from more than one work station is expressly granted in the license for use (company license).
The User obtains the following rights in particular as regards the online service and all components thereof: The User is entitled to conduct searches on his own behalf and to copy a portion of the searched data into the working memory of his computer.
Exporting the entire data volume of the online service, or very large amounts thereof, particularly for the purposes of storage on the hard disk of a single work station or the provision of the entire volume of downloaded data, or very large amounts thereof, for use in network servers is deemed improper use and a violation of contract, and is expressly prohibited. All use of data provided by the online service as a source for external data collections, databases or information services in the Internet or in extranet applications is prohibited.
The User may permanently store the above-mentioned data (download) and print out single paper copies of such data only when explicitly granted permission within the scope of the license in question and solely for his own short-term internal use. To this end, the User must be logged-on to the online service. Beuth Verlag reserves the right to limit the number of copies and print-outs in an appropriate manner.
The passing-on of data in whole or in part, whether on electronic carriers, by data transmission or as paper copies, or by other means, is not permitted, nor is it permitted to allow third parties access to the stored data, or to feed the data into a local retrieval system or intranet, or to supply information on a commercial basis.
No form of translation, processing, rearrangement or other form of modification is permitted. Should Beuth Verlag suspect any improper use of data or other infringements of this Agreement, 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 his online access solely in the manner intended. In particular, he shall not make improper use of his 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 indemnify Beuth Verlag against any damages Beuth Verlag may suffer as a result of a breach of the Agreement by the User or as a result of claims from third parties due to any action of the User contrary to the Terms and Conditions of the Agreement.
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.
Passing on user names or passwords to third parties is not permitted. The password holder will be invoiced for any documents, services or other products ordered.
§ 7: Use
Beuth Verlag grants the User online access in accordance with the current schedule of fees constituting part of the User Agreement. User fees are invoiced for each calendar year on the basis of the period of use within the year in question. Fees shall be calculated as follows: For the first calendar year that covers the period of use, the fee will be calculated on the basis of the date upon which this Agreement was concluded. In the following calendar year that covers the period of use, the fee will be calculated as from the start of that calendar year. In derogation of this, the online services "ASME/BPVC” and „ASTM Annual Book of Standards“ will be invoiced for the first calendar year in which the User Agreement is concluded, and only the remaining part of the period of use in the following year will be invoiced in the January of the calendar year being invoiced.
Beuth Verlag will notify the User of any changes to annual fees at least six weeks before such changes come into effect and an extraordinary right to terminate the Agreement will be granted for a period of four weeks. If the User does not terminate the Agreement within this period, it shall be assumed that the User consents to these changes.
Beuth Verlag reserves the right to make modifications to or cancel at any time any additional offers such as mobile versions, independently of the online service itself.
The first clause does not apply to users of the Beuth Mediathek who have obtained access via an activation code from a print medium purchased from Beuth Verlag. Beuth Verlag reserves the right to remove content provided in the Mediathek, make it available on a non-permanent basis, or terminate the service completely. No claims shall result on the part of the User vis-à-vis Beuth Verlag as a result of such action.
§ 8: Period of use
This Agreement is concluded for an indefinite period. It can be terminated by either party by giving three months' notice to the end of the year. In the case of the User, however, this notice is to be given three months before the end of the year following the year in which the User has registered for this online service. Notice of termination of the Agreement is to be given in writing or by e-mail. In derogation of this, the right of access to the online services "ASME BPVC" and „ASTM Annual Book of Standards“ will be granted upon conclusion of the Agreement and for a period of 12 months. Before expiry of the period of use Beuth Verlag will make an offer to the User for a new, subsequent contiguous period of use under the terms and conditions valid at that time.
Beuth Verlag is entitled to withdraw right of access in cases of improper use.
§ 9: Liability
Beuth Verlag shall not be held liable for the accuracy and completeness of the data provided as part of the information service. Beuth Verlag does not make any warranty, expressly or implicitly, that the data provided are fit for a particular purpose, nor that they are capable of performing a specific function, nor that they are accurate or up-to-date.
Damage claims by the User, on whatever legal grounds, particularly those regarding breach of duty fundamental to the contract and unauthorized handling are excluded.
This does not apply where liability is compulsory, e.g. as stated in the Produkthaftungsgesetz (German Product Liability Act), in cases of intent, gross negligence and bodily harm, due to acceptance of a guarantee for the existence of a characteristic, or where key contractual obligations are infringed. Key contractual obligations are such that need to be fulfilled in order to achieve the aim of the contract and in which the contractual partner regularly trusts and is entitled to place trust. However, compensation for infringement of key contractual obligations shall be limited to foreseeable losses typical to the contract, where liability is not due to a case of intent, gross negligence or bodily harm, or acceptance of a guarantee for the existence of a characteristic. No reversal of the burden of proof to the disadvantage of the User is associated with the above provisions.
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 data temporarily unavailable. The User does not have the right to make claims of any kind against Beuth Verlag where maintenance work or technical malfunctions in public networks result in the unavailability of the online service in question. Beuth Verlag advises Users that at present it performs maintenance work regularly on Tuesdays from 17:00 CET.
§ 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 full address in a machine-readable format for processing as the contractual agreement requires. Beuth Verlag ensures that this will be done in observance of the German data protection regulations. A data protection officer has been designated. The User takes note of this, and consents to the registration, storage, processing and - with prior consent - passing on of user data to companies within the DIN Group for marketing purposes. User data will only be processed or distributed for marketing purposes with the User's consent. Consent is given by selecting "Yes" under "I wish to be kept up-to-date on new products and services" on the online registration form.
The User may revoke at any time his consent to the use of personal data (name, title and address only) for marketing purposes, with immediate effect, by e-mail at firstname.lastname@example.org
§ 11: Place of jurisdiction
Any disputes arising from this contractual agreement shall fall under the jurisdiction of the Amtsgericht Tiergarten (Tiergarten district court) in Berlin. Beuth Verlag is entitled to bring legal action at the user's principal place of business.
§ 12: Other provisions
Any changes to this Agreement must be made in writing. 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.
Beuth Verlag GmbH does not take part in dispute settlement proceedings carried out by consumer dispute resolution bodies.
Beuth Verlag - January 2016