Terms of a licence for online products of the Maas & Peither AG – GMP Publishing

Please read the terms of a licence carefully before you acquire and use the knowledge portal. With the acquisition and use of the knowledge portal you agree to our terms of a licence. If you do not agree to our licence terms, you may not acquire this knowledge portal and may not use it on your computer.

1. Subject matter of the contract

This is a legal agreement between you (“licensee”) and the Maas & Peither AG – GMP Publishing (“licenser”) about the framework conditions for the use of the knowledge portal GMP Compliance Adviser and is not a purchase contract. The knowledge portal remains the property of the Maas & Peither AG – GMP Publishing. Rights to the contents are not acquired, they are with the Maas & Peither AG – GMP Publishing.

2. Use of the knowledge portal

2.1 With a single licence you obtain the simple, non-exclusive right to the use of the knowledge portal, which is limited to the duration of the contract and is not transferable to third parties.

2.2 If you have a corporate licence, the use within the company is unlimited and limited to the duration of the contract. A licence can only be used by one staff member at a time, in the case of several licences, several staff members, depending on the number of licences can use the knowledge portal at the same time.

2.3 The use within the company is permitted unrestrainedly, when using IP-checks. The retrieved documents may only be used by the licensee for his own use. Any commercial transmission, particularly to sale, rent, lease or lend the programmes or the documents to someone is not permitted.

2.4 The use of the knowledge portal by third parties who are not listed at the licenser is not permitted. It is particularly not permitted to collect, reproduce or copy elements of the knowledge portal or computer programmes which belong to the knowledge portal on other data mediums or save them on retrieval systems in order to enable unauthorised third parties to an external use.

2.5 The licenser is authorised to make technical arrangements, which prevent a use not covered by the contract, particularly to install appropriate technical arrangements to block the access. The customer is obliged to provide the licenser with the required information and documents, which are necessary for verification.

3. Access to online-products

3.1 Enterprises, authorities and other institutions, which are connected to the internet via their own and fixed IP address (static IP address) can reach an agreement to a full access with the Maas & Peither AG – GMP Publishing, to connect to the knowledge portal via IP check (IP = Internet protocol). The registration with user name and password shall not apply for users working for the institution, because the computers used by them are identified via the fixed IP address.

3.2 They are obliged to limit the IP access to rooms and authorised users of their institution as well as prevent a misuse through third parties. Furthermore, they have to make sure that the users working in their institution fulfil these obligations.

3.3 If you take notice of misuse of the access information, the passwords or the IP check, you are obliged to inform us immediately. In the case of misuse, we are entitled to block the access to the knowledge portal. You are liable for a misuse that you are responsible for.

4. Obligations of the costumer

4.1 The costumer is responsible for providing the technical requirements necessary for the access to the knowledge portal, particularly concerning the used hardware and the operating system software, the connection to the Internet and the current browser software. The provider will inform the costumer about each browser which has to be used.

4.2 In the case of further development of the software platforms and other technical components of the system by the licenser, the customer is responsible for taking necessary adaption measures concerning the software and hardware used by them after being informed by the provider.

4.3 The correct use of the knowledge portal functions as well as the given control of the adherence of the permitted utilization limits, require that time and time zone of the computers used by the costumers are set up-to-date and right and that the system of the customer accepts the cookies that are transferred from the server of the licenser. The customer is responsible for making the required settings. If the customer does not fulfil this obligation for reasons he is responsible for, the licenser is not responsible for function restrictions resulting from this. If the control of meeting the utilization limits is affected due to breach of duty, the licenser can ask the costumer for remedy, while setting an appropriate deadline, and after passing of the deadline without the expected results, the access of the customer can be blocked until remedy is provided. Furthermore, the licenser can terminate the licence agreement after passing of the appropriate deadline without the expected results.

4.4 The customer is obliged to make arrangements concerning the security of his systems and his knowledge portal, particularly to use up-to-date protection software against computer viruses. The licenser is not liable for defects caused by viruses, which could have been repelled by appropriate software.

4.5 The customer is obliged to protect the transmitted password and the user name against unauthorised use and to keep it in a safe place.

4.6 The customer receives a non-exclusive, simple right of utilisation of the knowledge portal contents. He is not authorised to pass the contents on to a third party or to publish them.

5. Authority of the vendor to modify

The licenser is authorised to modify or restrict the contents of the knowledge portal or to exchange contents. If such a modification leads to an essential restraint of the contents, which according to the licence agreement are available for the customer, the payments, which have to be settled by the customer, will be appropriately reduced.

6. Copyright

6.1 All intellectual property rights and copyrights of the knowledge portal are exclusively owned by the Maas & Peither AG – GMP Publishing. The knowledge portal is intellectual property of the Maas & Peither AG – GMP Publishing. It is protected by the German copyright laws, the international copyright treaties and all relevant laws of the country, in which it is used. The structure, organisation and code of the knowledge portal are valuable business secrets and confidential information of the Maas & Peither AG – GMP Publishing and their suppliers. The knowledge portal or parts of the knowledge portal may not be copied, changed or integrated in other programmes, without the explicit, written approval of the Maas & Peither AG – GMP Publishing. Therefore, you must treat the knowledge portal like any other copyrighted material. You are only allowed to copy the knowledge portal and the supporting material within the scope of the provisions of the section “Usage of the knowledge portal”. All copies and printouts, which you are allowed to make, according to this contract, must have the same copyright and other proprietary notices as the original knowledge portal. You are obliged to neither change nor to adapt the knowledge portal. You may not reverse engineer, decompile, disassemble the knowledge portal or to otherwise try to discover the source code or source data of the knowledge portal.

6.2 The rights to all other elements of the knowledge portal, particularly the rights of utilisation and the ancillary copyrights to the including contents and documents are entitled to the licenser.

6.3 Trademarks, company logos, other distinctive marks or protection notes, copyright notes, serial numbers as well as other characteristics which serve the identification of the knowledge portal or single elements may not be removed or modified. This also applies to printouts and copies from the knowledge portal.

6.4 You are authorised to use the admitted number of symbols within the limits of the function of the programme within the framework of quotations. However, the quotations must remain unchanged. A use which exceeds the quotation right requires a written approval from the Maas & Peither AG.

7. Warranty

7.1 The Maas & Peither AG – GMP Publishing warrants to proceed by using their professional knowledge and taking care in the usual way a publishing company would, when it comes to the selection and maintenance of the data and creation of the knowledge portal. The publishing company is not liable for the correctness or completeness of the contents if it has received the data from third parties (authorities, legislative organs, authors).

7.2 Due to technical reasons, such as required service operations, the availability of the knowledge portal can be temporary limited. In the case of a server breakdown over a considerable period of time during the usual working hours, the duty of the customer’s payment will be appropriately reduced.

7.3 Defects of the knowledge portal or recalled elements will, as far as possible, be immediately corrected by the licenser, after a comprehensible, written error description from the customer. If a correction of defects is not possible within a reasonable period of time, the customer can demand a proportionate reduction. Moreover, in case of repeated considerable defects, the customer can terminate the contract without notice.

7.4 The warranty is excluded if a defect results from circumstances the customer is responsible for, particularly if the customer violates his duty of cooperation according to number 4.

8. Liability

8.1 The knowledge portal has been developed with great care, still the Maas & Peither AG – GMP Publishing, authors, software engineers or distribution cannot be made liable for defects.

8.2 We are not liable for the correctness or completeness of the contents if we receive the data from third parties (authorities, legislative organs, authors).

8.3 To provide the contents being up to date is only possible with restrictions. According to current laws and policies we do perform a continuous maintenance, but still we are dependent on receiving the data from third parties, insofar we are not liable for the contents being up-to-date. For copyright reasons we cannot assure to update in between two editions. 8.4 The Maas & Peither AG – GMP Publishing does not, within the statutory permitted extent, give any ex¬plicit or implied warranties of any kind concerning this software, its quality, performance or fitness for a particular purpose. The Maas & Peither AG – GMP Publishing and its suppliers are not liable for defects (including loss of commercial profit and other financial losses) which result from the use of products or inability to use the products of the Maas & Peither AG – GMP Publishing, unless in cases of injury of life, injury of the body or health or the damage was caused by gross negligence or deliberate action, or for defects which result from the absence of guaranteed characteristics or from the violation of an essential contractual obligation which is caused by the Maas & Peither AG – GMP Publishing. A liability for damages caused by a defective product that are not covered by the assurance, are excluded, unless these were caused deliberately or as a result of gross negligence.

8.5 In any case, the liability of the Maas & Peither AG – GMP Publishing is limited to the contribution, which was paid by you for the licensing of the contents.

8.6 The above regulations shall also apply for staff members and auxiliary persons of the Maas & Peither AG – GMP Publishing.

8.7 Regulations of the Product Liability Act remain unaffected.

9. Applicable law and general regulations

9.1 The laws of the Federal Republic of Germany shall apply with exception of legal norms that refer to another jurisdiction. General terms and conditions of the customer do not apply, if they adversely affect these regulations.

9.2 Exclusive jurisdiction for all disputes resulting from this contract is the competent court of our company headquarters (Schopfheim), if the client is a merchant in the sense of the German Commercial Code, legal entity under public law or special fund under public law.

9.3 This agreement shall terminate automatically, if you do not fulfil the regulations included in the contract despite a grace period. Otherwise the contract terminates with the termination of each underlying licence agreement.

9.4 The present contract can only be modified or supplemented in writing, but the modification has to be signed by an authorized executive employee of the Maas & Peither AG – GMP Publishing. The written form also applies for a modification of the required written form.

9.5 If it turns out, that any part of this present contract is void or unenforceable, it shall not affect the validity of the rest of this contract, the contract remains valid and enforceable, according to its regulations. In this case, the parties to the contract are going to replace the invalid regulation with a regulation, which comes closest to the objective of the contract.

If you have any questions about this present contract or would like to have any information, please contact

Maas & Peither AG – GMP Publishing
Karlstraße 2
79650 Schopfheim (near Basel)
Germany
Phone +49 7622 66686-70
Fax +49 7622 66686-77
E-mail: service@gmp-verlag.de
Web: http://www.gmp-verlag.de