1. Subject of the contract
These general contract terms regulate the rights and obligations concerning the online use of the database portal DrugBasePlus between the Wissenschaftliche Verlagsgesellschaft Stuttgart as Provider and the Customer.
2. Access to the online database portal
The Customer may log in to the DrugBasePlus database portal via the mutually agreed route.
Currently, it is possible to log in via the apotheken.de ID, via the IP address, via an access code or via Shibboleth.
The Customer is obliged to keep the access codes and passwords confidential and to prevent any misuse by third parties. Furthermore, it shall ensure that all users working in its company or institution also comply with this obligation.
3. Further obligations of the customer
3.1 The Customer is responsible for creating all technical prerequisites for using the services of the DrugBasePlus database portal (for example, provision and installation of hardware, operating system software, internet connection, up-to-date browser software, etc.). The Provider shall inform the Customer on request about the browser to be used in each case. In the event of further development of the database portal and other technical components of the system by the Provider, the Customer shall be responsible for making the necessary adjustments to the hardware and software which it uses. In order to be able to use the DrugBasePlus database portal without any problems, it is a prerequisite that the time and time zone of the computers used by the Customer shall be current and correctly set, and that the Customer's system shall accept the cookies transmitted by the Provider's server. It is the responsibility of the Customer to make the appropriate settings.
3.2 The Customer is obliged to take the necessary precautions to secure its system. This includes, in particular, the use of up-to-date protection software to ward off computer viruses. The Provider shall not be liable for virus damage that could have been avoided by means of such software.
3.3 The Customer acknowledges that the database portal DrugBasePlus is a database within the meaning of Sections 4 (2), 87a (1) of the German Copyright Act (UrhG). Related computer programs are subject to the protection of Sections 69a et seq. of the German Copyright Act.
4. Scope of benefits/restrictions on use/authorisation of the Provider to make changes
4.1 The content to be provided to the Customer under its contract shall be set out in the User Contract. The DrugBasePlus database portal is available 24 hours a day, 7 days a week.
This does not apply to
a) Periods in which the DrugBasePlus database portal is unavailable due to the fact that the necessary technical prerequisites to be created by the Customer for access to the online database temporarily do not exist,
b) Periods in which the online database is unavailable due to disruptions caused by faults in the data transmission network or which are the responsibility of the data transmission company,
c) Periods in which the online database portal is unavailable due to force majeure, in particular power failures, which are beyond the control of the Provider,
d) Periods in which the online database portal is unavailable due to maintenance work by the Provider, which is usually carried out between 11 p.m. and 5 a.m.
The Provider warrants that no third party rights, such as copyright, other proprietary rights or intellectual property rights, shall be infringed by the Authorised User through the use of the licensed publications (database and its contents) as set out in this Agreement.
4.2 The Provider reserves the right at any time to remove, in whole or in part, from the databases made available, those parts for which it has lost the right to publication or which it believes may infringe copyright, or that these parts are defamatory, obscene, illegal or otherwise offensive.
4.3 The type and scope and content of the database portal DrugBasePlus provided are based on the currently applicable technical, legal and economic framework conditions for the data networks used. The place of data transmission is the interface between the server of the Wissenschaftliche Verlagsgesellschaft Stuttgart and the Internet or other data networks. The responsibility of the Wissenschaftliche Verlagsgesellschaft Stuttgart for data transmission ends at this point. The use of the licensed publications (databases and their contents) is at the user's own risk. Access to the online version of the licensed publications may be interrupted or incorrect under certain circumstances. The Provider assumes no liability for the completeness and accuracy of the electronic data. The Wissenschaftliche Verlagsgesellschaft Stuttgart accepts no responsibility for any links to third-party websites contained in the licensed publications (database and its contents), neither for the possibility of accessing these websites at any time nor for their technical quality or quality of content. The respective operator is responsible for these pages. The Wissenschaftliche Verlagsgesellschaft Stuttgart reserves the right to deactivate or delete links of this kind.
4.5 The Provider shall not be liable towards the Authorised User for any damages or consequential damages that may result from the unavailability or use of the licensed publications (databases and their contents). The Wissenschaftliche Verlagsgesellschaft Stuttgart is only liable for damages caused by intent, gross negligence or deception with regard to the use of the publications. Notwithstanding this, the Wissenschaftliche Verlagsgesellschaft Stuttgart shall be liable in total for no more than the usage fee paid by the user within the subscription period in which the legal claim, loss or damage occurred. This limitation of liability to the exclusion of certain damages shall remain in effect regardless of the success or effectiveness of any other remedy.
The above provisions also apply in favour of the employees and vicarious agents of the Provider.
The fee to be paid by the Customer shall be determined at the time of the order or its written confirmation. This also applies to the duration of use.
The comprehensive copyright with all rights of use to the publications (database and its contents), in particular to the data processing program and the online help function, belongs exclusively to the Wissenschaftliche Verlagsgesellschaft Stuttgart. The publications and their contents are protected by copyright. The sole copyright to the publications remains with the Wissenschaftliche Verlagsgesellschaft Stuttgart or the registered rights holders.
The Customer acknowledges that the database portal is a database produced by the Provider, more specifically a database within the meaning of Sections 4 (2), 87a (1) of the German Copyright Act. The associated computer programs are subject to protection under Sections 69a et seq. of the German Copyright Act.
6. Rights of use of the customer
6.1 As part of its order and the written confirmation thereof, the Customer shall receive the non-exclusive right to access or use the selected databases and their contents for the duration agreed in the order and the confirmation thereof.
6.2 Use is limited to the number of users and the Customer's institution agreed in the registration/order and the written confirmation thereof. The access authorisation is confirmed by the Provider. The retrieved documents may only be used by the user for their own use. Any commercial transfer, in particular the selling, renting-out, leasing or lending of the programs, the content, or the documents is not permitted.
If the program permits the export of data to another program for further processing, the export and the associated use are only permitted for the end user's own needs. The data shall be accompanied by the usual source references. The electronic storage of individual parts of the publications, insofar as this is possible in one of the licensed databases, is permitted exclusively for the Customer's own use. Any use of the work beyond this - in particular further reproduction or multiple use of the programs beyond the contractually agreed number of users - shall give rise to an obligation to pay damages and may be punishable by law. This also includes the passing on and making available of the data to third parties and the other commercial use of the complete data or parts thereof in connection with new programs or systems or print forms.
The Provider is entitled to take technical measures to prevent use beyond the contractually permitted scope, in particular to install appropriate access barriers. The User may not use any devices, products, or other means to circumvent or overcome the Provider's technical measures. In the event of a breach by the user, the Provider is entitled to immediately block the Customer's access and to terminate the contract without notice for exceptional reasons. Further rights and claims of the Provider, in particular claims for damages, shall remain unaffected.
7. Data protection
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