Conditions of use and licence conditions of Schüco International KG (hereinafter referred to as the "licenser") for the use of online content, databases and software (online licence)
The licenser also makes available the content of Schüco manuals, engineering drawings, specifications for tender, test certificates and Architect Infos (hereinafter referred to as "content"), databases and various software tools and software for administration and displaying content and data (both software elements are hereinafter referred to as "software") to his or her customers (hereinafter referred to as "end user") online via the Internet (hereinafter referred to as the "website") to facilitate their work through the use of, procurement of, and planning/design of Schüco products. Use of this online service assumes agreement to the following licence and utilisation conditions.
Copyright and rights of use
All rights (in particular all items subject to copyright protection and related protective laws including the right of the database provider and all other rights including the legal status of supplementary law on industrial property and copyright protection) relating to the online content, databases and software belong solely to the licenser.
Premission for use
The licenser provides the end user with the non-exclusive and non-transferable right, within the Federal Republic of Germany, to utilise the content, databases and software that can be accessed online as part of the standard use of the website, for the purpose of assisting their work with and planning/designing the products of the licenser. Every act of copying, saving to files, electronic data processing systems and/or storage media of any type and/or passing on of software and/or databases and/or content with the exception of buffering in the main memory as part of the normal access process or to the hard disk of the end user is not permitted without the express permission of the licenser. The end user shall also ensure that third parties "regardless of method" cannot access the software and/or content and/or databases and/or content. Furthermore, all other use of software and/or databases and/or content beyond the use stipulated in sentence 1 of this paragraph is also not permitted.
Additional restrictions on use
No change, revision, splitting/separation or other modification of software and/or content and/or databases and/or content (including modification by means of add-on programmes, translation, reverse engineering, decompiling, disassembly or linking to other software and/or other data or databases) is permitted; § 69e UrhG is not affected. The software and/or content and/or databases may not be sold, hired, re-licensed or made available to third parties for a consideration or commercially exploited in any way. Infringement of these regulations entitles the licenser to cancel the agreement without notice and obliges them to seek compensation (§ 97 UrhG) among other redress; such an infringement can also result in prosecution (§§ 106, 107, 108, 108 a, 108b UrhG).
Given the large amount of information in the online content and databases and despite careful processing and checking, errors can sometimes occur. No guarantee can be made for accuracy.
The state of technology means that errors in the software cannot be fully ruled out despite careful compilation. The end user will therefore take suitable precautions in the event that the software does not work as it should, either in full or in part.
This agreement does not place any obligations on the licenser with regard to guarantees or compensation. In particular, licenser and end user agree that use of the software databases and the content is not a substitute for expert advice.
Applicable law and jurisdiction
This agreement is subject to the laws of the Federal Republic of Germany, excluding the provisions of international civil law. The place of jurisdiction for all disputes arising from or in connection with this agreement, insofar as the customer is a registered trader, is Bielefeld.