Terms and conditions
Content
I. Specification of Services
1. Description of the “io-port.net” portal
2. Services offered at cost
a) Terms of use
b) Services offered by third parties
II. Confidentiality and Data Privacy Protection
III. Terms and conditions for use of the “io-port.net” portal
1. Relevance of search results
2. Proprietary rights and rights of use
IV. Terms and Conditions for downloading of software
V. Terms and Conditions for ordering full-text documents
VI. Terms and Conditions for searching in the databases offered via io-port.net
VII. General Terms and Conditions for io-port.net services and products
1. Prices and Terms of Payment
2. Liability for material defects and general liability
3. Data Transfer
4. Privacy
5. Obligations of the Licensee
6. Assignment of Rights
7. Changes in the Terms and Conditions
8. Duration of the Agreement
9. Final Clauses
VIII. Special information for consumers
1. Company Information
2. Customer Service
3. Consumer’s right of withdrawal
Articles I. to VI. and VII.2 apply to users who have been authorised to use the “io-port.net” portal by a licensee (library, university, enterprise, public authority, etc.).
Licensees as well as individual users of io-port.net who themselves have concluded an agreement with FIZ Karlsruhe also have to adhere to the provisions of the General Terms and Conditions (VII.). Both licensees and individual users/customers shall hereinafter also be referred to as “licensee/s”. Information for consumers domiciled in Germany is provided in Art. VIII.
I. Specification of Services
In accordance with the Licence Agreement concluded between FIZ Karlsruhe and the licensee, the User is granted access to the “io-port.net” portal for the purpose of using the services of FIZ Karlsruhe and others, either free or at cost. FIZ Karlsruhe provides services exclusively as described in the present Description of the Product and in accordance with the applicable Terms and Conditions. In the case of services available at cost, the User will be notified in advance and referred to the then valid price list. Services offered by third parties are subject to the respective party’s terms and conditions, which are made available together with the corresponding offer.
1. Description of the “io-port.net” portal
The “io-port.net” portal offers free basic services (simple search over all metadata, simple display of metadata in the form of lists (NO abstracts or full-text documents), pages on special topics, an informatics dictionary, display of saved publication lists), as well as value-added services at cost (extended search of the whole data stock, full display of all metadata, navigation and link functions, semantic tools, direct link to electronic full-text documents or to the full-text document supply service via open URL, LNI full-texts dating back more than one year; possibility to create publication lists). For personalised services and for direct access to the full-text services offered by the portal (GI publications), prior personal login and registration of the User is required.
2. Services Offered at Cost
2.1. Terms of Use
(1) Services available at cost (e.g. ordering of full-text documents or access to certain data fields) are rendered only (a) in the case of a license for academic institutions, publicly funded research institutions, or enterprises, after the User’s PC was logged into the network, or (b) in the case of a single user licence, if the User has registered as user and/or entered his loginID and has agreed to the terms and conditions of use when starting his first session.
(2) FIZ Karlsruhe reserves the right to make changes in the information content offered in the “io-port.net” portal. Changes in these Terms and Conditions will become effective upon publication in the “io-port.net” portal. The User is advised in every session to inform herself/himself, prior to searching in the “io-port.net” portal, on the then valid Terms and Conditions.
2.2. Services Offered by Third Parties
Integration of Services: Services offered at cost by third parties are available either via links to other URL, or they are included directly in the services of FIZ Karlsruhe. All services have been checked carefully by FIZ Karlsruhe experts; the responsibility for the content of these services, however, rests with the third parties involved in each case.
Identification of Services: Third party services offered directly on the pages of FIZ Karlsruhe are clearly identified as belonging to third parties. Links to third party services are marked with “[external link]”. Should pages thus accessed contain errors or illegal contents, the User is asked to inform FIZ Karlsruhe .
Terms of Use: Access to third party services, as well as the extent of the services offered, are subject to the terms and conditions of the owner which each User is obliged to observe.
Disclaimer: By offering access to the services of third parties via io-port.net, FIZ Karlsruhe does not in any way enter into a legally binding relationship between the User and the third party. FIZ Karlsruhe takes no responsibility for the due execution of the contractual relationship between the User and the third party, in particular the provision of third party services as agreed upon in the contract, and the timely and full payment by the User.
II. Confidentiality and Privacy Protection
1. Maintaining confidentiality of the User’s password(s) is the User’s responsibility in his area of risk.
2. FIZ Karlsruhe uses appropriate efforts in its area of responsibility to ensure that information provided by the User in connection with using the portal will be treated strictly confidential. FIZ Karlsruhe collects and uses personal information of the User exclusively for performance and billing of the services used by the User. Within the scope of rendering the agreed services, FIZ Karlsruhe is entitled to disclose personal information of the User to the providers of the services.
III. Terms and Conditions for Use of the “io-port.net” Portal
1. Relevance of Search Results
The information searchable via the “io-port.net” portal was not compiled for a given purpose. The search results depend on the keywords selected by the User for his query. The User is therefore obliged to check and decide himself on a case by case basis, whether the information obtained is relevant.
2. Copyright and Rights of Use
The databases of the “io-port.net” portal are protected by copyright laws and further laws. Information on the rights holders can be obtained via a special link. They reserve their rights to the information provided in the database, and the User is held to strictly observe the Terms and Conditions set by the rights holders. Unless otherwise stipulated, the following applies:
As specified in these Terms and Conditions, the User is granted a license for online access to the databases of the “io-port.net” portal as well as a non-exclusive right to the use of the information retrieved. The right of use is limited to the period of validity of the authorization of use granted to the user by the licensee and entitles the User to use the product exclusively for his own in-house purposes in accordance with the provisions outlined below.
2.1. Licenses are granted as single-user licenses or as licenses for an unlimited number of users (for academic institutions, research institutes and enterprises) and allow to use the selected database(s) to the extent described below. Special licenses, for example, for consortia, are also available. Information about scope and prices of these licenses are available upon request.
(a) Single User License
With IP identification/password for use on one PC at a time and for own purposes only.
(b) License for Academic Institutions (only available for universities, university departments/institutes, colleges, and other academic institutions), with one or several IP identifications. The Campus Licence is also valid for all university departments or institutions that are not legally autonomous bodies by themselves, but only for IP identifications which can clearly be identified as belonging to the respective licensee. Users can personalise services by installing a personal loginID.
(c) Research License (for publicly funded research institutions) with one or more IP identifications. This licence is valid for only one institute of the research organization. Users may personalize services by installing a personal loginID.
(d) Industry License (for enterprises and private research institutions) with one or more IP identifications. This licence is only valid for one location of a company or institution. Users may personalize services by installing a personal loginID.
2.2. Substantial parts of the databases offered via io-port.net may only be downloaded and copied in electronic form for in-house, non-commercial use for scientific purposes only (e.g. by public universities). Other copying of the database is only allowed for teaching, or, as printed copies, for private purposes. Any copying of the database is subject to the German Copyright Act (Art. 87c UrhG).
2.3. The user shall be entitled to download and store search results on his computer, provided that storage is temporary. Information extracted from the database must not be passed on to third parties. Commercial use of this information, whether in printed or electronic form, by copying and distribution of the information to third parties, or by electronic information transmission, or by making the information in electronic form available to third parties, is strictly prohibited unless otherwise stated in para. 2.4.
2.4. Information brokers are authorised to pass on query results to their clients or transmit them in electronic form provided that they have contractually obliged their clients to adhere to the provisions of para. 2.2 and 2.3 of these Terms and Conditions.
IV. Terms and Conditions for Downloading of Software
1. The “io-port.net” portal enables the User to download selected software products on his PC.
2. The rights to the software products rest with the software producers. The User is entitled to install the software on his PC according to the instructions displayed on the screen, for private use only and only for the purposes specified in the program description. The producer’s licensing conditions have to be observed.
3. On no account is the User permitted to use the software commercially or distribute it against payment.
4. The User himself will be responsible for any publications he publishes in the “io-port.net” portal using the ‘io-port.net-Editor’ software. The portal is for publication of informatics-relevant information only. The publication of content that would violate the provisions of the penal code is strictly prohibited. FIZ Karlsruhe assumes no responsibility for the contents of the information published.
V. Terms and Conditions for Ordering of Full-Text Documents
For ordering full-text documents, FIZ Karlsruhe provides links to full-text servers (e.g. publishing houses) and/or full-text ordering systems on its io-port.net pages. When ordering full-text services, the only legal contract partner of the User is the provider of the full-text service, to whom payment must be made and whose Terms and Conditions of Use, in particular terms and conditions concerning copyright, must be observed.
VI. Terms and Conditions for searching in the databases offered via io-port.net
1. Beyond the bibliographic descriptions, the User can have the abstracts displayed at cost.
2. The rights to the abstracts rest with the rights holders, whose Terms and Conditions must be observed. Unless otherwise specified therein, the following conditions apply (para. 3 and 4.):
3. The User is authorised to download and store abstracts on his PC for a limited period of time. Any commercial use of these abstracts, whether in printed or electronic form, by copying and distribution of the abstracts to third parties, or by electronic information transmission, or by making the abstracts in electronic form available to third parties, is strictly prohibited unless otherwise stated in para. 4. below. The Licensee shall undertake to oblige persons authorised by him to observe these Terms and Conditions.
4. Information brokers are entitled to pass on query results to their clients provided that they have contractually obliged their clients to observe the terms specified in para. 3 above.
VII. General Terms and Conditions for io-port.net services and products
1. Prices and Terms of Payment
1.1. Prices are those quoted in the price list valid at the time the license was applied for or at the beginning of subsequent renewal periods of the License Agreement. The current price list, including any recent changes, is available online. The applicable VAT is quoted separately.
1.2. The amount billed becomes due upon receipt of the invoice and is payable without any discount. Default in payment arises when the licensee fails to pay the full amount of the license fee within 30 days upon receiving a reminder from FIZ Karlsruhe.
1.3. In the case that a licensee is in default of payment, FIZ Karlsruhe is entitled to charge a penal interest of 9%. If the licensee is a consumer, a penal interest of 6% is to be paid.
1.4. Non-payment will not be interpreted as termination of the License Agreement.
1.5. The licensee is informed that the right of access to the io-port.net database portal in the following year is subject to prior payment of the invoice received for that period.
2. Liability for Material Defects and General Liability
2.1. The software offered via io-port.net was not produced by FIZ Karlsruhe. FIZ Karlsruhe offers the software for downloading as obtained from the software producer and will not be liable for damages resulting from software defects unless these were caused by wilful intent or gross negligence or in case of violation of material contractual obligations.
2.2. The information in this portal is compiled carefully and conscientiously. However, due to the large volume of the information offered, FIZ Karlsruhe is not in the position to make any warranty, express or implied, as to the accuracy, completeness or usefulness of this information.
2.3. If information supplied in pay-per-item mode is defective and therefore unfit for use, the User will receive a credit. He may also be paid compensation for loss provable by documents, provided that the licensee, immediately after identifying the defect, sends a written or electronic notification (e-mail) to FIZ Karlsruhe describing exactly the impairment of the information. This shall not affect the licensee’s right to terminate the License Agreement without notice for an important reason. In this case, the proportionate amount of the license fee remaining after termination of the License Agreement will be refunded.
2.4. FIZ Karlsruhe will only be liable for damage caused by wilful intent or gross negligence attributable to FIZ Karlsruhe, its legal representatives or persons employed in performing its obligations, or breach of essential obligations of the contract. In these cases, FIZ Karlsruhe’s liability is limited to damages caused as a typical and foreseeable consequence of the breach of contract. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
2.5. FIZ Karlsruhe will not be liable for damage resulting from unlawful use or loss of access authorisation by the licensee. In particular, FIZ Karlsruhe underlines that at the present state of the art transmission of the access authorisation via Internet is not absolutely safe.
2.6. The information contained in the user manual concerning information content and functions is to illustrate the uses of the database; it is not to be viewed as providing a legally binding warranty of certain characteristics of the product (displayed information, software, etc.). FIZ Karlsruhe therefore does not guarantee that the Product may be suited for all purposes intended by the licensee.
2.7. FIZ Karlsruhe reserves the right to make changes in the volume, data content and retrieval software of the database and disclaims any warranty arising from such changes. However, FIZ Karlsruhe will give the licensee sixty (60) days’ advance notice in writing of significant changes to the scopes or retrieval software of the database. In such case, the licensee is entitled to terminate the License Agreement upon 30 days’ prior written notice to the date the changes become effective.
3. Data Transmission
The responsibility for data transmission and network connection to FIZ Karlsruhe rests with the licensee.
4. Data Security and Privacy
4.1. Maintaining confidentiality of the licensee’s password(s) is the licensee’s responsibility in his area of risk.
4.2. FIZ Karlsruhe uses appropriate efforts in its area of responsibility to ensure that information provided by the licensee in connection with using the portal will be treated strictly confidential.
4.3. FIZ Karlsruhe collects and uses personal information of the licensee exclusively for performance and billing of the services used by the licensee and for the purposes of customer support. Within the scope of rendering these services and support, FIZ Karlsruhe is entitled to store and process personal information of the licensee and to forward it to the providers of these services.
5. Obligations of the licensee
The licensee is committed to acting in compliance with the provisions of these Terms and Conditions, in particular with the provisions in Art. I. to VI. above. In case of non-compliance of the licensee with essential contractual obligations and if the licensee fails to heal such breach of contract within 30 days upon express request by FIZ Karlsruhe, FIZ Karlsruhe is entitled to cancel the licensee’s license forthwith. This also applies if it is a user authorized by the licensee who fails to comply with the provisions of the Terms and Conditions. In any case, FIZ Karlsruhe reserves the right to claim damages. Any communications of FIZ Karlsruhe will be in writing; e-mails shall be considered to be communications in writing. In case of termination of the Agreement, the User shall be bound by the provisions set forth in para. 8.2.
6. Assignment of Rights
The licensee may not assign to any third party any of his rights under this Agreement without prior written consent by FIZ Karlsruhe.
7. Changes in the Terms and Conditions
FIZ Karlsruhe reserves the right to make changes in these Terms and Conditions, of which the licensee shall be informed in writing at his address as given in the order form or at his latest invoicing address. Changes must be communicated at least 60 days prior to their coming into force. If the licensee continues to use the services ordered after the changes became effective, his acceptance of the changed conditions shall be assumed.
8. Duration and Termination of the Agreement
8.1. The License Agreement for using the io-port.net databases as described in art.III, para. 2.1. is concluded for a period of one year beginning at the commencing date of the License period quoted on the invoice. The contract will be automatically prolonged for successive one-year-terms, unless terminated in writing by the customer at 30 days’ notice prior to the end of a contractual year. E-mails or other means of written electronic communication shall be considered to be communications in writing.
8.2. Upon termination of the Agreement according to para. 8.1. above, the licensee shall, if relevant, be obliged to remove the io-port.net database and software from his intranet and his computers without delay.
9. Final Provisions
9.1. These General Terms and Conditions of FIZ Karlsruhe shall not be modified by any other General Terms and Conditions of the licensee and shall, in all cases, supersede any inconsistent or conflicting provisions contained therein.
9.2. Any amendments or additions to the License Agreement and these General Terms and Conditions shall be done in writing and agreed upon by both parties. Any oral collateral agreements are valid only if they have been confirmed in writing by both parties.
9.3. The place of performance is the headquarters of FIZ Karlsruhe. The place of jurisdiction is Karlsruhe if the licensee or user is a merchant, a legal body under public law, or a separate estate under public law. Conflicts will be settled according to German law. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
VIII. Special Information for Users if they are Consumers
1. Company Information
1.1. Company Name
Fachinformationszentrum Karlsruhe,
Gesellschaft für wissenschaftlich-technische Information mbH (FIZ Karlsruhe)
Herrmann-von-Helmholtz-Platz 1
76344 Eggenstein-Leopoldshafen, Germany
1.2. Legal Representative
Sabine Brünger-Weilandt (Mrs.), President & CEO of FIZ Karlsruhe
2. Customer Service
Phone: (+49) 7247 808 555
Fax: (+49) 7247 808 136
E-mail: helpdesk@fiz-karlsruhe.de
3. Consumer’s right of withdrawal
As a consumer, you may withdraw from this agreement without giving any reasons within 14 days from receipt of your login ID. Notice of withdrawal has to be given to FIZ Karlsruhe in writing (for example, by e-mail). This right to withdraw from the agreement becomes null and void as soon as you use the login ID for the first time, for example at your first log-in to io-port.net. In the event of withdrawal, you will be refunded the usage fees paid up to this date. You shall be deemed a consumer if you are a natural person concluding an agreement for purposes other than those of your commercial or self-employed vocational work (§ 13 BGB).
Last updated October 16, 2007