Producer’s Terms and Conditions of FIZ Karlsruhe
for licensing the zbMATH database
(As of May 2013)
§ 1 Product Description
(1) The zbMATH database (hereinafter zbMATH) is the world’s largest database with publications from pure and applied mathematics. It contains a vast collection of citations from scientific journals, serials, monographs, textbooks, conference proceedings, and electronic documents covering a period of some 150 years. zbMATH is jointly published by FIZ Karlsruhe, the Heidelberg Academy of Science and Humanities, and the European Mathematical Society. It is distributed by Springer Verlag. The database is hosted at FIZ Karlsruhe and can be accessed via internet.
(2) FIZ Karlsruhe produces zbMATH and makes the data available online. The license agreement is concluded between Springer Verlag as licensor and the customer as user of zbMATH (hereinafter referred to as the User).
§ 2 Copyright, Ancillary Copyrights, and Rights of Use
(1) zbMATH is a database protected under copyright and ancillary copyright in the sense of art. 4 clause 2, and art. 87 a clause 1 of the German Copyright Act. It is produced by FIZ Karlsruhe. FIZ Karlsruhe reserves all and any rights to the product and all parts of the database, including, but not limited to, all rights of use, copyrights, and ancillary copyrights to the content and records contained therein. Only Springer Verlag in its function as a contracting partner shall be entitled to grant user licenses to the users of the database.
(2) The User shall be entitled to download and store the information retrieved from the database only for private use. This permission, however, does not include downloading and storing of the entire database. Data retrieved from the database must not be forwarded to any third party. Any use of the data for commercial purposes, in printed or electronic form, is strictly prohibited.
(3) In no event may the User use zbMATH or its content to create a product – no matter whether commercial or freely available through Open Access – that is a competitive product to zbMATH.
(4) If copyrighted information is published (e.g. in reviews or abstracts), zbMATH has to be mentioned as the source.
(5) The User undertakes to obligate all Authorized Users to adhere to the present Terms and Conditions. Authorized Users shall be deemed all persons who have been authorized by the User to use zbMATH in his area of responsibility.
§ 3 Liability
(1) FIZ Karlsruhe makes no warranty or representation as to the content, topicality, accuracy, or fitness for purpose of the information retrieved from zbMATH.
(2) FIZ Karlsruhe shall be liable according to the provisions of the German Product Liability Act.
(3) Any unlimited liability of FIZ Karlsruhe towards the User in excess thereof shall be limited to damages meeting the legal requirements for damages to be paid and resulting from willful intent or gross negligence on the part of FIZ Karlsruhe, its legal representatives, or its vicarious agents. Liability for death, personal injury or illness shall remain unaffected thereby.
§ 4 Obligations of the User
(1) The User shall strictly comply with the Producer’s Terms and Conditions, in particular with the provisions governing the scope of use set forth in art. 2 clauses 2 to 5. In the event of a material breach of these provisions, FIZ Karlsruhe shall be entitled to temporarily or permanently block the User’s account and/or to revoke the User’s access permission immediately or within a period of time to be chosen at FIZ Karlsruhe’s discretion. The same applies to breaches of contract on the part of Authorized Users.
(2) If FIZ Karlsruhe develops the software platforms and other technical components of the systems any further, the User shall, upon notification by FIZ Karlsruhe, take the necessary steps to adapt his software and hardware accordingly.
§ 5 Confidentiality and Data Privacy
(1) FIZ Karlsruhe shall use its best endeavors to ensure that user data be treated strictly confidential in its area of responsibility.
(2) Personal user data shall be used exclusively for the purposes of duly performing the agreement with Springer Verlag and – subject to the User’s consent – for customer support (e.g., sending product-related information material; telephonic assistance in appropriately using zbMATH; submitting training offers or information on product enhancements). FIZ Karlsruhe shall be entitled to electronically store and process the user data to prepare usage statistics.
§ 6 Final Provisions
(1) The present Producer’s Terms and Conditions of FIZ Karlsruhe must neither be modified nor waived by Springer Verlag or the User. Other, supplementary provisions from the Terms and Conditions of Springer Verlag or of the User shall only apply if they are in favor of FIZ Karlsruhe.
(2) Should any of the provisions of these Terms and Conditions be or become invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the provision in question shall not be affected thereby.
Service-InformationsFIZ Karlsruhe GmbH
Abteilung Mathematik und Informatik
Phone: +49 (0)30 3999340
Fax: +49 (0)30 3927009