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General Terms and Conditions of Use for Online Access to S. Hirzel Verlag Publications

These terms and conditions govern the rights and limitations of online access for authorised users to S. Hirzel Verlag publications at IngentaConnect.

1. GRANT OF LICENCE

S. Hirzel Verlag grants to the authorised user the non-exclusive, non-transferable and non-sub-licensable right to access the online-version(s) of S. Hirzel Verlag publications for the purposes of research and private study and allows its use as set forth below.

2. PERMITTED USES

2.1    The authorised user may, in accordance with the applicable copyright laws and subject to Clause 3 below: (i) access, search, view, retrieve and display the electronic version of the publications; (ii) electronically save individual articles or items of the publications solely for personal use or research; (iii) print off a copy of parts of the publications.

2.2    The authorised user acknowledges that the publications including abstracts are copyright protected and that the sole copyright to the publications remains with S. Hirzel Verlag and/or registered copyright holders. Nothing in these Terms and Conditions of Use shall in any way exclude, modify or affect any of S. Hirzel Verlag’s statutory rights under the copyright laws of the Federal Republic of Germany. All software and web forms used in the provision of the services are either proprietary or properly licensed and may not be used, altered, or adapted in any way. All intellectual property rights in this software and web forms belong to the service provider.

3. PROHIBITED USES

3.1     The authorised user may not use the electronic version of the publications or parts thereof for the purpose of monetary reward by means of sale, resale, loan, hire, lease or any other form of exploitation (no commercial use).

3.2    The authorised user may not (i) remove or alter the authors’ names or the Publisher’s copyright notices or other means of identification or disclaimers as they appear in the publications; (ii) systematically make print or electronic copies of multiple extracts of the publications for any purpose; (iii) make available any part of the publications on any electronic network, including without limitation the Internet and the World Wide Web.

3.3    The authorised user may not divulge his password or other access information to any third party.

3.4    S. Hirzel Verlag’s explicit written permission must be obtained in order to (i) use all or any part of the publications for any commercial use; (ii) systematically distribute the whole or any part of the publications; (iii) publish, distribute or make available the publications, works based on the publications or works which combine them with any other material; (iv) alter, abridge, adapt or modify the publications. For the avoidance of doubt, no alteration of the words or their order is permitted.

4. PUBLISHER’S UNDERTAKINGS

4.1     S. Hirzel Verlag warrants to the authorised user that the publications used as contemplated by these Terms and Conditions of Use do not infringe the copyright or any other proprietary or intellectual property rights of any person. S. Hirzel Verlag shall indemnify and hold the authorised user harmless from and against any loss, damage, costs, liability and expenses (including reasonable legal and professional fees) arising out of any legal action taken against the authorised user claiming actual or alleged infringement of such rights. This indemnity shall survive the termination of this Licence for any reason. This indemnity shall not apply if the authorised user has amended the publications or any part thereof in any way not permitted by this Licence.

4.2     S. Hirzel Verlag reserves the right at any time to withdraw from the publications any item or part of an item for which it no longer retains the right to publish or make it available to third parties, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.

4.3    The online access service offered by S. Hirzel Verlag is based on the currently valid technical, legal and economic outline conditions for the data networks used. The place of data transfer is the interface between S. Hirzel Verlag’s or third party’s server and the internet or other data networks. S. Hirzel Verlag’s responsibility for data transfer ends at that point. The use of the publications is at the user’s own risk. Access to the online version(s) of the publications might be interrupted and may not be error free. S. Hirzel Verlag does not take any guarantee for the completeness and correctness of the electronic data. In the event of any inaccuracy or any discrepancy between the print and online versions, the print version will be the official version of record. S. Hirzel Verlag does not assume any responsibility or liability for links to websites of third parties which may be included in the publications, neither for their technical accessibility and everytime availability nor for their technical quality and quality of contents. The sole responsibility for such websites lies solely in the responsibility of the third party. S. Hirzel Verlag retains the right to inactivate or delete such links.

4.4     Except as expressly provided in these Terms and Conditions of Use, S. Hirzel Verlag makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of design, accuracy of the information contained in the publications, merchantability or fitness of use for a particular purpose or compliance with any computational process. The publications are supplied ‘as is’.

4.5     Except as provided in Clause 4.1, under no circumstances shall S. Hirzel Verlag be liable to the user for any special, exemplary, incidental or consequential damages of any character arising out of the inability to use, or the use of, the publications. S. Hirzel Verlag shall be liable for damages only when caused intentionally, by gross negligence, or by false representations of the use of the publications. Irrespective of the cause or form of action, S. Hirzel Verlag’s aggregate liability for any claims, losses, or damages arising out of any breach of this Licence shall in no circumstances exceed the Fee paid by the user to S. Hirzel Verlag or its agent under this Licence in respect of the subscription or pay-per-view period during which such claim, loss or damage occurred. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. Regardless of the cause or form of action, the user may bring no action arising from these Terms and Conditions of Use more than six (6) months after the cause of action arises.

5. TERM AND TERMINATION

5.1    This Licence shall be terminated, if the user commits a wilful material and persistent breach of S. Hirzel Verlag’s copyright or other intellectual property rights or of the provisions of Clause 2 in respect of permitted uses or of Clause 3 in respect of prohibited uses;

5.2    S. Hirzel Verlag reserves the right to suspend access to the server immediately upon detecting a breach of these Terms and Conditions of Use.

5.3    S. Hirzel Verlag reserves the right to change these Terms and Conditions of Use.

6. GENERAL

6.1 Force majeure. Neither party’s delay or failure to perform any provision of these Terms and Conditions of Use, as result of circumstances beyond its control (including, without limitation but not limited to, warlike disputes, strikes, floods, governmental restrictions, power, telecommunications or Internet failures, or damage to or destruction of any network facilities) shall be deemed to be, or to give rise to, a breach of this Licence.

6.2 Governing Law. This Licence shall be governed by and construed in accordance with German law.

S. Hirzel Verlag, Birkenwaldstrasse 44, 70191 Stuttgart, Germany

Contact

S. Hirzel Verlag

Birkenwaldstrasse 44
70191 Stuttgart

P O Box 10 10 61
70009 Stuttgart
Germany

Phone:
+49 (0)711 25 82-0

Fax:
+49 (0)711 25 82-290

ActaAcustica@Hirzel.de

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