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  4. General Conditions of Use for “My Workspace” for architects

General Conditions of Use for “My Workspace” for architectsPrint page

With “My Workspace”, Schüco International KG (hereafter referred to as the “licensor”) provides

• electronic catalogues, construction drawings, tender specifications, test reports, architect information and similar information (hereafter: “content"),
• data and databases (hereafter: “databases”) and
• various software tools and software for the administration and presentation of contents and databases (hereafter: “software")

planners and architects (hereafter: “end users”) for the purpose of facilitating tasks referring to the licensor’s products and tasks for the planning of and with the licensor’s products.

The use of this product requires consent to the following conditions of use and licensing:

1. General
These General Conditions of Use shall apply for all content, software and/or databases made available by the licensor via the online portal, unless separate conditions of use exist for content, software and/or databases. Should separate conditions of use apply for content, software and/or databases, these should be given priority in relation to these General Conditions of Use.

2. Access
2.1
To be able to use the online portal, the end user is initially required to make a corresponding request. The request form is made available on the Internet by the licensor. The requesting end user must specify his email address at the site of the end user in the request. Upon submission of the request, the end user declares himself in agreement with the validity of these General Conditions of Use.

2.2
The licensor shall examine the above request in a timely manner. If this request is satisfied, the end user specified in the request shall receive the message by email that access has been established for the end user and may be used by him.

2.3
The access data must be treated in a strictly confidential manner and must not be passed on to third parties. In the event that third parties gain knowledge about the access data, the licensor must be immediately notified.

2.4
The licensor is entitled to block access if access data has been entered incorrectly three times, or if access has not been used in three months.

3. Use
3.1
Copyright and rights of use: The licensor exclusively owns all rights (particularly all items protected by copyright and related protective rights, including the rights of the database manufacturer, as well as all other rights including the legal positions of the supplementary protection of rights under copyright law) relating to content, databases and software.

3.2
Usage approval: The licensor grants the end user the global, non-exclusive, non-transferable and revocable right to use the content, databases and software exclusively for the purpose of facilitating tasks using the licensor’s products and the planning of the licensor’s products. The use of content, databases and/or software for any other purpose than those previously stated is expressly prohibited. Furthermore, any kind of reproduction is impermissible without the express permission of the licensor (in whole or in part, permanently or temporarily with the exception of the manufacture of a machine-readable copy of the software for security purposes). In particular, this refers to storing in files, electronic data processing systems and/or on storage media of any kind and/or the passing on of content, software and/or databases with the exception of storing temporarily for technical reasons during the normal access process on the memory or on the hard drive of the end user. Furthermore, the end user shall be responsible for ensuring that third parties do not gain access to the content, databases and/or software “irrespective of their means”.

3.3
Further usage restrictions: Any reworking (including the translation, editing, composition, separating, division, modification by means of add-on programme, retrogression, decompilation, disassembly and/or linking with other software and/or other data or databases) of the software and/or other editing/modification of the content, databases and/or database elements is impermissible; Section 69e of the German copyright act remains unaffected. Furthermore, the (wired or wireless) public reproduction of content, databases and/or software including making these accessible to the public in a manner that would allow access to third parties is also impermissible. The content, databases and/or software may not be sold, leased, sub-licensed or provided, transferred to or exploited by third parties (paid or unpaid, permanently or temporarily). The rights and duties resulting from the contractual relationship between the licensor and the end user are non-transferable. The end user undertakes to ensure that his employees and others under his authority who have access to the content, databases and/or software uphold all the duties resulting from the contractual relationship - in particular, those stated in clauses 1. to 3.). Furthermore, the end user undertakes to ensure that no one gains access to the content, databases and/or software. If it becomes known to the end user that the content, databases and/or the software is being used or handled in a manner contrary to the provisions in this agreement, he shall do all in his power to prevent this usage; he shall also immediately inform the licensor of the incident. Breaching these provisions entitles the licensor to the immediate termination of the existing contractual relationship as well as the revocation of the usage permission granted and may also invoke the duty to compensation. The licensor expressly reserves the right to all contractual and legal claims; incidentally, the end user shall be informed that the corresponding breaches may also be a criminal offence (Sections 106, 107, 108, 108a, 108b of the German copyright act).

4. End user duties
So that the online portal can function with a large number of end users, its specified rules must be adhered to. The end user is obliged to observe the rules listed below in clause 4.

4.1
The online portal and its applications may only be used for the purposes listed in clause 3.1 sentence 1. Any use of the online portal aimed beyond these purposes is prohibited.

4.2
4.2.1
Disruptive interferences with the online portal are prohibited. It is especially prohibited to take any measures which may lead to an excessive burden on the online portal or unreasonable inconvenience to other end users.

4.2.2
Any kind of electronic attacks on the online portal (including all hardware and software used for the operation of the online portal) or on individual end users is prohibited. The measures listed below are considered to be electronic attacks of this nature:
• Hacking attempts, i.e. attempts to override, bypass or invalidate the security mechanisms of the online portal,
• the use and/or dissemination of viruses, worms and Trojans,
• brute force attacks,
• other measures or processes which interfere with the online portal in a disruptive manner, including all hardware and software for the operation of the online portal, and/or could cause harm to Schüco or other end users.

4.2.3
The release of content relevant for criminal prosecution or which breaches third party rights by the end user is prohibited. The use of the online portal for violations of competition and/or antitrust law is also prohibited.

5. Warranty
Despite careful processing and checking, incorrect information may be entered into the content, databases and software; no guarantee of accuracy can be undertaken for this reason. In accordance with the state of technology, software and database errors cannot be completely excluded, even with thorough preparation. Therefore, the end user shall make the suitable preparations for the event that the software does not function properly in whole or in part. Through this agreement, the licensor does not undertake a commitment to a warranty or compensation for damages. In particular, the licensor and the end user agree that the usage of the software, databases and content does not replace expert advice.

6. Cancellation
The contractually agreed use of the online portal may be cancelled by either party with a notice period of 2 weeks. The right to cancellation for good cause according to Section 314 of the German Civil Code shall remain unaffected. All cancellations must be made in text or written form.

7. Other
7.1
The licensor reserves the right to make changes to the provisions of these General Conditions of use at any time and without giving reasons for doing so, in consideration of the requirements presented below in clauses 7.1.1 to 7.1.3 inclusive.

7.1.1
All changes to the description of the subject matter of the contract according to clause 3 of the General Conditions of Use are excluded from the above power to make changes. The licensor shall notify the end user of possible changes to and/or deviations from the service promised and provide the end user with a continuation of the end user relationship in accordance with the changing conditions if the interests of the end user are affected as a consequence of these changes and/or deviations.

7.1.2
Other modified provisions not contained in clause 7.1.1 shall be communicated to the end user by email and/or letter and/or within the framework of the online portal prior to their entry into force. If the end user does not object to the validity of the new General Conditions of Use within six weeks following receipt of the email, the modified General Conditions of Use shall be considered accepted. The licensor shall undertake to make the end user separately aware of the significance of the six-week deadline (particularly the fact that the modified General Conditions of Use are considered to be accepted by the end user if these are not objected to within the deadline after receipt of the new General Conditions of Use).

7.1.3
Should the end user object to the validity of the new General Conditions of Use within the deadline specified in clause 7.1.2, the licensor shall remain authorised to properly cancel the contractual relationship with the client with a deadline of fourteen days.

7.2
For the purposes of fulfilment of the contract and, therefore, for the rendering of the contractually due service by Schüco, Schüco may also use third parties as so-called vicarious agents.

7.3
Third parties may, in whole or in part, enter into the rights and obligations which result for Schüco due to this contract in lieu of the licensor, subject to an advance notice period of one month. In such a case, the end user is authorised to withdraw from the contract through cancellation of the contractual relationship with Schüco without providing reasons for doing so.

7.4
The present General Conditions of Use and the contractual relationships between the licensor and the end user are governed exclusively by the laws of the Federal Republic of Germany. The place of jurisdiction for any disputes arising from or in connection with this agreement is Bielefeld, insofar as the customer is the merchant.

Status as of: June 2019