Standard Terms and Conditions of Use of GIT VERLAG GmbH & Co. KG for its Online Service PRO-4-PRO

PRO-4-PRO offers users access to its databases and related services. PRO-4-PRO renders its services exclusively on the basis of these Terms and Conditions of Use. The Terms and Conditions provided online at the time our service is used shall apply. We do not accept provisions that deviate from these Terms and Conditions, unless we acknowledge them in writing. By using PRO-4-PRO or registering with PRO-4-PRO, you expressly agree to the Terms and Conditions of Use without any further declaration.

1. Access to the PRO-4-PRO Offering and other Networks

PRO-4-PRO allows the user access to its offering of services. The Internet and other networks are independent of PRO-4-PRO. PRO-4-PRO shall not be liable for contents received or distributed by the user over the Internet or other networks. Use of the Internet and other networks shall occur at the user's own risk and on his own account. The user undertakes to comply with legal regulations, administrative instructions, contractual provisions and standards applicable to the user's usage at the time. The user shall be responsible for keeping himself informed of rules and regulations applicable at the time.

PRO-4-PRO shall normally be available 24 hours a day. PRO-4-PRO neither guarantees accessibility, nor that certain results are attainable by using PRO-4-PRO search masks.

2. Third-Party Contents

Third-party information, data, software, communication, contacts etc. (hereinafter "contents") shall, amongst other things, also be offered and made available via PRO-4-PRO. PRO-4-PRO shall not be liable for third-party contents. The user undertakes to use, distribute, exploit or process contents in compliance with legal regulations, administrative instructions, contractual provisions and standards applicable at the time. In particular, the user shall respect existing copyrights. The user shall be exclusively responsible for selecting and checking third-party contents. Furthermore, the user shall be exclusively responsible for keeping himself informed of rules and regulations applicable at the time.

3. Legal Transactions with Third Parties and Use of Services

Where the user concludes with third parties contracts concerning the procurement of goods or services via PRO-4-PRO, such transactions shall be exclusively between the user and the third party. Any and all complaints that the user may have in connection with such transactions may be lodged only against the third party. It is hereby pointed out to the user that he may be exposed to security risks in so far as he carries out payment transactions over the Internet or via other networks.

4. The User's Contents

Where the user offers or makes available contents on the Internet or in other networks via the access created by PRO-4-PRO, he shall be obliged to comply with legal regulations, administrative instructions, contractual provisions and standards applicable at the time. In particular, the user shall respect existing copyrights. The user shall be responsible for keeping himself informed of rules and regulations applicable at the time.

The user shall be obliged to indemnify PRO-4-PRO and hold PRO-4-PRO harmless against any and all third-party claims asserted against PRO-4-PRO on account of an infringement of third-party rights. Furthermore, the user shall be obliged to compensate PRO-4-PRO for all damages and reasonable expenses that PRO-4-PRO has incurred in connection with such third-party claims.

The user grants PRO-4-PRO rights in his contents to the extent necessary for distributing his contents. This granting of rights is free of charge and non-transferrable and includes the right to adapt and copy.

5. Warranty

PRO-4-PRO gives no warranty for the accuracy and retrievability of the data existing in the database, nor for the up-to-dateness thereof. Furthermore, technical inaccuracies and typing errors that do not significantly impair the use of the content of the database shall not give rise to warranty rights. However, PRO-4-PRO shall endeavour to remedy such discrepancies immediately after receiving notification thereof.

Excluded from the warranty are the durability, suitability and faultlessness of the public transmission lines used by the user and the user's own data communication equipment.

In so far as a date or data in PRO-4-PRO's database contains an error that impairs (not insignificantly) the usability of the date or the data in terms of content or technical representation, the operator shall immediately remedy this error.

6. Liability

PRO-4-PRO shall be liable for intent and gross negligence, but shall only be liable for ordinary negligence in the event of a breach of duties fundamental to the contract. The sum of compensation claims shall be limited to the extent of foreseeable damages.

Liability shall not extend to damages that the user suffers on account of data in the database that originate from third parties.

7. Copyright

Contents distributed by PRO-4-PRO are copyrighted. Every use is subject to prevailing laws governing copyrights and the protection of copyrights. The user undertakes to recognise and comply with these. In this respect, downloaded and/or printed-out research results shall be intended only for the private use and other personal use of the user or, in the case of information brokers, only for the client's own requirements. Outside the limits of private and other own use, downloaded and/or printed-out data may in particular not be handed over to third parties, further processed electronically or otherwise, publicly communicated or further published, except where PRO-4-PRO has given its prior written approval. The user may not remove copyright notices, trademarks or other reservations of rights in the data retrieved.

8. Registration

To use own contents, the user must register with PRO-4-PRO. Registration itself is free of charge and shall not in itself give rise to any obligation to pay.

9. Data Protection

Pursuant to the Federal Data Protection Act [Bundesdatenschutzgesetz], the user is hereby informed that PRO-4-PRO shall store the user's full address, and other data made available by him, in machine-readable form and shall mechanically process these for the purpose of performing the contract. PRO-4-PRO warrants that the data shall be treated confidentially.

10. Governing Law, Place of Performance

This agreement is governed by the laws of the Federal Republic of Germany, excluding the UN Sales Law. Darmstadt is the place of performance. In so far as permissible, Darmstadt is the place of jurisdiction for all legal disputes arising from or in connection with this agreement.

11. Escape Clause

If individual provisions in these Standard Terms and Conditions of Use are or subsequently become wholly or partly ineffective in law, this shall not affect the validity of the remainder of the Standard Terms and Conditions of Use. The provision that is ineffective shall be replaced with statutory provisions. The same shall apply to the extent that any omissions or loopholes in these Standard Terms and Conditions become apparent.