General Terms and Conditions of FIZ Karlsruhe – Leibniz-Institut fürInformationsinfrastruktur GmbH for the Licensing of theMathematics Education Database (MathEduc)

§ 1 Parties to the Contract and Description of the Product

(1) MathEduc (formerly MATHDI) is the only international reference database offering a world-wide overview of literature on research, theory and practice in mathematics education.
MathEduc is edited by Gesellschaft für Didaktik der Mathematik (GDM), the European Mathematical Society and FIZ Karlsruhe in cooperation with The International Commission on Mathematical Instruction (ICMI), Editorial Unit Debrecen Zentralblatt MATH, Hungary; ERIC, USA; FIS Bildung, Germany; Pädagogische Fakultät Karls-Universität Prague, Czechia; PUBLIMATH, France; SANU, Serbia; SEIEM, Spain.
(2) The MathEduc database content is available on the Internet.
(3) FIZ Karlsruhe is the licensor and partner of the Customer. The license agreement is constituted by the acceptance of the Customer’s order by FIZ Karlsruhe. FIZ Karlsruhe accepts the order by activating the Customer’s IP address or assigning passwords for online access. The present General Terms and Conditions constitute an integral part of the license agreement.

§ 2 Copyright and Rights of Use

(1) The MathEduc database and the retrieval software are protected by copyright and ancillary copyright. All rights are held by FIZ Karlsruhe.
(2) In accordance with the License Agreement and these Terms and Conditions, FIZ Karlsruhe shall grant the Customer a non-exclusive right to use the product for the duration of this Agreement, exclusively for the Customer's in-house purposes in accordance with the provisions mentioned below. The Customer may choose between different license models quoted in the price list.
(3) The MathEduc online database will be regularly updated by FIZ Karlsruhe during the term of this Agreement. The usage right of the Customer shall expire upon expiry of the license.
(4) In any case the Customer shall keep passwords and authorizations for online access strictly confidential. The MathEduc may only be used by an authorized user exclusively for his own purposes. Authorized users shall be deemed all persons whom the Customer has authorized to useMathEduc under a multi-user license in his area of responsibility.
(5) The Customer shall be entitled to download and temporarily store search results onhis PC. Information obtained from the database must not be passed on to any thirdparties. Any commercial use of the data, whether in printed or electronic form, isprohibited.
(6) The Customer will use reasonable efforts to ensure that his authorized users complywith the provisions of these Terms and Conditions.

§ 3 Data Transmission of MathEduc

The responsibility for data transmission and network connection to FIZ Karlsruhe restswith the Customer.

§ 4 Invoicing and Payment

(1) FIZ Karlsruhe or its sales partners will invoice the license fee for using the MathEducdatabase to the Customer upon communication of the access authorization.
(2) Prices are those quoted in the price list valid at the time the order was placed. Thecurrent price list, including any recent changes, is available online. VAT and deliverycosts as shown in the current price list will be charged in addition. Unless otherwiseagreed, the goods will be shipped by mail.
(3) The amount billed becomes due upon receipt of the invoice and is payable withoutany discount. Default in payment arises when the Customer fails to pay the due amountwithin 30 days.
(4) In the case that a Customer is in default of payment, FIZ Karlsruhe is entitled to chargea penal interest of 8% above the prime rate.
(5) If the amount due has not been fully paid within thirty (30) days from date of invoice,FIZ Karlsruhe shall be entitled to block Customer’s online access.
(6) The Customer’s access to the MathEduc database is subject to prior payment of theinvoice received for that period.

§ 5 General Liability

(1) In case that information transmitted to the Customer is defective or faulty to an extentpreventing the use of this information, FIZ Karlsruhe shall repair the product and supplythe Customer with the corrected data. If FIZ Karlsruhe’s first and second attempts tocorrect the data fail, the Customer shall be entitled to claim compensation for lossprovable by documents, provided that the Customer, immediately after identifying thedefect, sends a written or electronic notification (e-mail) to FIZ Karlsruhe exactlydescribing the impairment of the information. This shall not affect the Customer’s right toterminate the License Agreement without notice for an important reason. In this case, theproportionate amount of the license fee remaining after termination of the LicenseAgreement will be refunded.
Apart from this FIZ Karlsruhe‘s warranty shall be limited to delivering a flawless product.FIZ Karlsruhe does not make any warranty, express or implied, as to the accuracy,completeness or usefulness of the database content or the software.
(2) FIZ Karlsruhe’s liability shall be limited to damages caused by willful intent or grossnegligence attributable to FIZ Karlsruhe, its legal representatives or its vicarious agents,unless essential contractual obligations have been breached, including, but not limitedto, the obligation to provide the appropriate software for using the database or to deliverthe agreed volume of data. In this event, FIZ Karlsruhe’s liability shall be limited todamages caused as a typical and foreseeable consequence of such breach of contract.Statutory liability for damages arising out of death or injury to body or health, andliability according to the Product Liability Act shall remain unaffected.
(3) FIZ Karlsruhe disclaims any liability for damage incurred by the Customer as aconsequence of improper use or loss of the Customer's access authorization in theCustomer’s area of responsibility.
(4) The information contained in the user manual concerning information contents andfunctions is to illustrate the uses of the database; it is not to be viewed as a legallybinding representation as to certain characteristics of the Product. FIZ Karlsruhe thereforedoes not guarantee that the Product may be suited for all purposes intended by theCustomer.
(5) FIZ Karlsruhe reserves the right to make changes in the volume, data content andretrieval software of the MathEduc database and disclaims any warranty arising fromsuch changes. In the event of significant changes in the scope or retrieval software of theMathEduc database, art. 9, para. 2 shall apply accordingly. In such case, the Customer isentitled to terminate the License Agreement upon 30 days prior written notice to the datethe changes become effective.

§ 6 Obligations of the Customer

The Customer is obliged to act in compliance with the provisions of these Terms andConditions, in particular with the provisions in art. 2 para. 2 to 6 governing the scope ofuse. If the Customer fails to comply with essential contractual obligations and if theCustomer fails to heal such breach of contract within 30 days upon express request byFIZ Karlsruhe, FIZ Karlsruhe shall be entitled to cancel the Customer's license forthwith.This also applies if it is a user authorized by the Customer who fails to comply with theprovisions of the agreement. Any communications of FIZ Karlsruhe in this respect shallbe made in writing; e-mails shall be considered to be communications in writing.

§ 7 Secrecy and Data Privacy Protection

(1) Maintaining confidentiality of the Customer's password(s) and access authorizationsis the Customer's responsibility and risk in his area.
(2) FIZ Karlsruhe uses appropriate efforts in its area of responsibility to ensure thatinformation provided by the Customer will be treated strictly confidential.
(3) The Customer’s personal data are exclusively used for the purposes of performing thisagreement, for billing the services used by the Customer, and, – subject to theCustomer’s approval – for customer liaison and support (sending product information;telephone advice on how to use MathEduc; training offers; and for improving theproduct). Within the scope of its contractual obligations FIZ Karlsruhe shall be entitled tostore and process personal data of the Customer in electronic form.

§ 8 Duration and Termination of the Agreement

The License Agreement for using the MathEduc database and its updates as described inart. 2, para. 3, sentence 1 is concluded for a limited period of time, as stated in theCustomer’s order. The License Agreement will be prolonged automatically for anotheryear unless terminated in writing by the Customer not later than 30 days prior to the endof the contract year.

§ 9 Changes in the Terms and Conditions

(1) FIZ Karlsruhe reserves the right to make changes in these Terms and Conditions. TheCustomer shall be informed online about any changes.
(2) Changes must be communicated at least 60 days prior to their coming into effect. Ifthe Customer continues to use the services ordered after the changes became effective,this shall be deemed acceptance of the changed conditions.

§ 10 Assignment of Rights

The Customer must not assign any of his rights under this License Agreement to any thirdparty without prior written consent by FIZ Karlsruhe.

§ 11 Final Provisions

(1) These General Terms and Conditions of FIZ Karlsruhe shall not be modified by anyother General Terms and Conditions of the Customer and shall, in all cases, supersedeany conflicting provisions contained therein.
(2) Any oral collateral agreements are valid only if they have been confirmed in writing byboth parties.
(3) Any amendments or additions to the License Agreement shall be made in writing andagreed upon by both parties.
(4) The place of performance is the registered office of FIZ Karlsruhe. The place ofjurisdiction is Karlsruhe, Germany. Any dispute, controversy or claim arising out of orrelating to this License Agreement shall be settled in accordance with the laws of theFederal Republic of Germany. Application of the United Nations Convention on Contractsfor the International Sale of Goods is expressly excluded.

Service Information:

postal to:FIZ Karlsruhe - Leibniz-Institut für Informationsinfrastruktur
Abteilung Mathematik und Informatik
Franklinstr. 11
D-10587 Berlin
Germany
by phone:++49 30 39 99 34 0
by fax:++49 30 392 70 09
by e-mail:editor.matheduc@fiz-karlsruhe.de

Last update: October 2014

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