General Terms and Conditions for Online Access (GTC online access)
§ 1 Subject Matter and Contents of Agreement
1. Customer has subscribed to the above mentioned journals of ecomed publishers - Verlagsgruppe Hüthig Jehle Rehm GmbH (hereafter called ecomed). ecomed shall make online access to the contents of the listed journals available to Customer via the Internet.
2. The type and extent of the online access services offered by ecomed are based on the currently prevailing technical, legal, and commercial umbrella conditions of the networks used. The place of transfer of the data is the interface between ecomed's server and the Internet. The responsibility of ecomed for the data transmission ends at this point.
3. The present ”GTC Online Access” applies exclusively. Other terms and conditions shall not become part of the Agreement, even if ecomed does not expressly object to them. Amendments and modifications of the Agreement shall only become effective if they are in writing.
§ 2 Access Authorization
1. Customer shall select the type and extent of the license from the order form which is available in the Internet or is mailed to the customer.
2. Customer shall at his/her option register with ecomed a single user licence (with password access), an institutional licence (IP access for up to three simultaneous users), or a multiple user license (IP access for more than three simultaneous users). In case of institutional licence and multiple user license customer shall provide his IP number, ecomed shall then give Customer an access authorization.
3. Access a) Single user licence: Customer shall receive a password from ecomed. b) Institutional licence and multiple user license: ecomed grants access via IP address.
Customer, in order to receive IP access, shall ensure that access from Customer’s domain is only available from Customer’s institution.
§ 3 Technical Requirements
1. ecomed shall provide all data in data formats, which are supported by the HTTP Internet Protocol. ecomed shall use the respective version which is state of the art. Customers shall provide the technical requirements for the use of the service offer at their expense and risk. Information on technical requirements shall be contained in a tutorial of the LINK information service, which shall be continuously updated.
2. ecomed reserves the right to change the technical requirements. ecomed shall attempt to minimize technical changes. If in the individual case changes are unreasonable for Customer, Customer may terminate the Agreement pursuant to § 10 par. 2.
§ 4 Rights
1. All rights, in particular, rights to the use of the information service as well as parts of the information service (individual journals, articles, excerpts thereof, in particular abstracts, figures, and tables, etc.) which are protected by copyrights are retained exclusively by ecomed.
2. Customer shall receive the following rights to the information service and its parts: a) Single user license: i) Customer is authorized to conduct research for him-/herself and to copy a selection of the researched data (complete journals, individual articles of excerpts thereof) into its RAM.
ii) Customer may only for his/her own use permanently store the data mentioned in paragraph i) and make hard copies thereof (downloading and printout). ecomed reserves the right to limit the extent and the number of copies and printouts in an appropriate manner. The transfer of the data in whole or in part – regardless of whether by electronic data carrier, remote data transmission or in the form of hard copies – as well as granting access to the stored data to third parties, the feeding of the data into the Intranet and commercial information brokerage are not permitted.
iii) Translations, editing, arrangement, and other changes to the data and the public communication, representation or performance are prohibited.
b) Institutional license/multiple user license: In case of the acquisition of an institutional license or a multiple user license Customer may grant the authorized users (employees, faculty, staff and students officially affiliated with the Customer) the above rights.
3. ecomed reserves the right to investigate occurrences of suspected unauthorized use or other contract violations and to take appropriate action or to deny Customer or individual users access to the service. ecomed reserves the right to terminate this Agreement for cause or to claim damages.
§ 5 Service Changes
1. If the technical, legal and commercial umbrella conditions for use of the networks used change and if thereby the provision of contract services by ecomed is materially impaired, ecomed may change or discontinue the offered services, or change (increase) the fees for the offered services.
2. ecomed shall immediately inform Customer by e-mail or letter, if due to the above reason(s) parts of the services in their present form can no longer be offered from a certain date or only at an increased fee. Customer is entitled to terminate the Agreement within four weeks after the announcement of the change effective with the date of change. Any other rights of Customer are excluded.
§ 6 Customer’s Duties
1. Customer shall only use the information service for his/her proper purposes.
Customer shall in particular – not abuse the access to the service, in particular in violation of § 4, and customer shall omit illegal acts; – comply with the recognized principles of data security for the purpose of data protection; – immediately inform ecomed of any indications of illegal use.
2. Customer shall within his/her possibilities examine the proper implementation of the access to the data.
3. In case of an institutional license or a multiple user license :multiple user license Customer shall ensure that the authorized users comply with the duties set forth in § 4 par. 1 and 2. Customer shall hold ecomed harmless from and against all detriments which ecomed incurs on account of contract violations by the users or due to third party claims arising from contract violations of the users. Customer shall at ecomed's option either defend ecomed against the claims or satisfy the claims or support ecomed in the enforcement of its rights and pay the costs of legal action.
§ 7 Liability
1. ecomed shall only be liable for intentional wrongdoing and gross negligence.
2. ecomed however, will not be liable for any delay, downtime, transmission error, software or equipment incompatibilities, Force Majeure or other failures of performance. ecomed will use commercially reasonable efforts to correct any material performance problem brought to its attention and may suspend performance pending such correction.
§ 8 Third Party Rights
ecomed warrants that the transfer and use of data in accordance with this Agreement does not violate any third party rights. In case third parties allege any claims, ecomed shall at its option either defend Customer against the claims or satisfy them.
§ 9 Confidentiality
Customer shall ensure that unauthorized third parties shall not gain access to the access authorization nor to possession of the items – regardless of what type – reproduced by the customer or authorized users nor knowledge of the contents of the data in the data bank. Customer shall inform the authorized users in writing of these confidentiality obligations.
§ 10 Term of Agreement
1. Subscription to the online services can be cancelled no later than six weeks before the end of the year. Otherwise the subscription is prolonged for another year.
2. The right to terminate for cause remains unaffected.
3. The termination shall be in writing in order to be effective.
4. Any amendment of or variations to this agreement must be in writing and signed by both parties.
§ 11 Venue and Applicable Law
Venue for all disputes arising out of and in connection with the performance of this Agreement shall be –provided Customer is a merchant or treated as a merchant pursuant to § 38 German Code of Civil Procedure – Heidelberg / Germany
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