General Terms of Use of the Beuth Publishing Corporation for the Use of Perinorm-Online
§ 1: Object of Agreement and Terms of Contract
Perinorm is an offer of DIN Software Inc., Beuth Publishing Inc., British Standards Institution (BSI) and Association Française de Normalisation (AFNOR). Perinorm contains, amongst other things, the data bases of DIN Software Inc (DITR-data base), of BSI (Standardline) and those of AFNOR (Noriane). DIN Software Inc., Beuth Publishing Inc., BSI and AFNOR will henceforth be referred to as „the contractors.“
Besides the contractors, third parties also distribute Perinorm. „Contractual Partner“ means any third person, company, enterprise or corporation, however and wherever established, duly authorized to act in its name in order to commercialize Perinorm-Online, or, however, the contractors themselves, as far as they conclude an agreement with the user.
The contractual partner provides the user with online access to Perinorm data via internet or other networks. The transfer point for the data is the connection of the contractual partners’ server to the used data line. The contractual partners’ responsibility ends at this point.
The present terms of use are to be applied exclusively. Other conditions are not subject matter of this contract, even if the contractual partner does not object to them specifically.
§ 2: Access Authorization
The user registers with the contractual partners using his/her complete and correct data; the contractual partner issues authorization for the user’s access.
The user obtains a user name and password from the contractual partner. The transmission of user name and password onto third parties is not permissible.
§ 3: Technical Requirements
The contractual partner provides all data in a format which supports the HTTP Internet protocol. The contractual partner will use the version sufficient for state of the art technology respectively. The user will create the technical requirements for the use of the offer at his own costs and risk.
The contractual partner reserves the right to change the technical requirements. He/She will strive to keep technical changes as marginal as possible.
§ 4: Rights
All rights, especially the copyrighted rights of use and patent rights, are reserved to the contractor. The user has, for the duration of the license, a simple and non-transferable right to use the delivered data internally, according to his/her contractually agreed level of authorization. The user is obliged to use the data from no more than one individual position, as far as multiple-access was not specifically mentioned in the contract.
The user is authorized to conduct research for him/herself. A permanent storage of data using the browser is not permitted.
Transmitting data, entirely or partially, using electronic data carriers, via data telecommunication or as hard copy, as well as granting third party access to the saved data, inputing the data to a local intranet and the commercial intercession of information are not permitted.
Any translation, adaptation, adjustment or other form of change is prohibited.
The contractual partner reserves the right to pursue a misuse or other violation of the contract and to act accordingly to block the user. Claims for damages therefor remain unaffected.
§ 5: Responsibilities of the User
The user is obliged to use the online-access appropriately. In particular, he/she will not misuse the access and will consider the acknowledged principles of data integrity. He/she will report any forms of misuse to the contractual partner immediately.
The user indemnifies the contractual partner from any disadvantages for the contractual partner, emerging from violations of contract or through claims by third parties resulting from the user acting contrary to contract.
He/She bears the costs for user devices and licensing fees.
§ 6: Privacy
The user has to take care that unauthorized third parties do not acquire access authorization or procure themselves to unauthorized knowledge of the data in the data base.
§ 7: Usage
The contractual partner permits the user online access according to the requirements of the respective valid fee arrangement, which is part of the contract of use. The fee for use will be charged for the respective period of use in a fiscal year. For for the first year of use the annual user fee will be prorated to the remaining fiscal year. In the second and every following year of use, the annual user fee for the entire fiscal year will be charged in January.
When changing the user fee, the contractual partner will inform the user at least six weeks before these changes come into effect and will grant the user the exceptional right to cancel within four weeks. If the user does not use his exceptional right to cancel within the time limit, his/her silence will be presumed as agreement.
§ 8: Period of Use
The authorization for online access will be granted upon completion of the contract for the current fiscal year. The license will be automatically extended for another year if not canceled 3 months before the end of the fiscal year, in written form or via e-mail.
The contractual partner is authorized to withdraw the license if the user's behavior gives reason to do so.
§ 9: Liability
The contractual partner and contractor are only liable for premeditation and gross negligence. They are not liable for the correctness and completeness of the content. Neither the contractual partner nor the contractor may guarantee, explicitly or implicitly, that the delivered data is appropriate for any purpose, or that they have the ability to fulfill a specific function, or that they are correct and up-to-date. In the case of a claim due to impossibility or delay, only the replacement of the direct claim will be refunded.
§ 10: Privacy Policy
The user is hereby informed, that the contractual partner will save his/her complete address in machine-readable form and the information in the contract will be processed automatically (according to § 33 Abs. 1 in Germany). The contractual partner hereby guarantees, that the legal privacy policy will be respected. As far as the user does not disagree at the beginning of utilization or at a later point, a transmission of data (only name, title and address) to related enterprises may take place.
§ 11: Jurisdiction
The contract is subject to the contractual partners' national law. For all disputes resulting from a contractual relationship under German law – if the user is a registered trader or peer (gleichgestellt) according to § 38 ZPO – the appointed court district jurisdiction is Tiergarten Berlin. The contractual partner is authorized to sue the user at his/her prime residence.
§ 12: Other Terms
Changes to the contract need to be made in written form. If a term of the contract should be or become ineffective or impracticable, this will not affect the contract’s effectiveness in general. The parties commit themselves, to substitute an effective and practicable term in such a case, which is, in spirit and function, as similar as possible to the replaced term.
To date: April 2004

