(M. Keuchel, F. Hagenmüller, H. Tajiri, eds.) ISBN 978-3-662-44061-2
(Narration by Melissa Hale, Sheffield, UK)
Use and Registration
This is an unauthorised translation of the original German license agreement. Only the original document is legally binding
Art. 1 Copyright and License
- The files stored on the DVD-ROM, the software and the manual, hereinafter referred to as the Objects, are protected by copyright; all rights to them are held exclusively by Springer-Verlag unless exceptions are explicitly provided for in the license agreement. Independently thereof, the parties hereto agree that the rules of copyright are to be applied to the Objects.
- The user is granted non-exclusive rights to use the Objects in the way described in the manuals. Any other ways or possibilities of using the Objects are inadmissible, in particular any translation, reproduction, decompilation, transformation in a machine-readable language and public communication; this applies to all Objects as a whole and to any of their parts. In running the program, the user fully accepts all rights of the publisher over the program and media content (patents, copyright, trade secrets). This applies also to the copyright of all documentation that is available in printed or digital form. The user may not change any copyright endorsements, qualifications and/or property statements from the publisher on the program, media or documentation.
- The purchaser receives non-transferrable non-exclusive rights to the program. The user may install the program on only one computer or workstation. The program is for personal use only; commercial use requires permission from the publisher.
- A multi-user license is required before the program can be installed on more than one independent computer or on a network with access via more than one terminal. A multi-user license allows the program to be used on more than one computer or workstation at a time. The end users must belong to the licensed institution (e.g. on the staff or users of the library). If the Objects are to be accessed in a network by more than one terminal simultaneously, additional licenses must be obtained from Springer-Verlag. Such a license is obtained by obtaining the corresponding multi-user DVD-ROM and paying the purchase price valid for that version at the time. In any other respect that version is subject to the same conditions of use and registration. A distinction is made between the number of installations on individual computers (clients) and the maximum number of simultaneous network users possible (floating license). In the second case, the user must ensure that the number of simultaneous users is not more than that given in the license. If more simultaneous users access the software, further licenses must be obtained.
The same use and registration conditions apply to the multi-user license as for the single-user license. The user shall store the Objects with due care in order to prevent third parties from accessing them and to prevent their abuse. The Objects stored on the DVD-ROM may not be reproduced.
Art. 2 Transferral
- Any transferral (e.g., sale) of the Objects to a third party, and therefore any transfer of the rights and faculty to use them, is only admissible with written authorisation from Springer-Verlag.
- Springer-Verlag shall provide such authorisation only if the original user makes a written application with a declaration from the new user that he/she will comply with the provisions of this license. When the authorisation is received by the original user, his/her license expires, rendering the transfer admissible.
Art. 3 Registration
The user registers with Springer-Verlag by returning the attached card.
He/she shall then be provided with regular information about new editions of the DVD-ROM and is entitled to make use of the helpdesk service according to Art. 4.
Art. 4 Helpdesk
- Springer-Verlag offers the possibility to address questions, during normal working hours, to the software originator with respect to use of the DVD-ROM. There is, however, no legal title to this service.
- The questions may refer to the installation of the program or to problems concerning its operation and use.
- Questions should be addressed in writing or via mailbox to Springer-Verlag. Springer-Verlag forwards the answers given by the originator or manufacturer without verifying them. The answers will normally be given in the order in which they were received. It will not be possible to answer every question.
Art. 5 Guarantee
- Springer-Verlag makes the Objects available but is not their originator. The user is conscious of the fact that it is not always possible to create perfect databases and software; he/she will take appropriate steps to verify the correctness of any results of his/her work with the software.
- In the case of faulty material, manufacturing defects, the absence of guaranteed characteristics, or damage in transit, Springer-Verlag shall replace the Objects. Further claims shall be admitted only if the user has purchased the Objects from Springer-Verlag directly. To invoke the guarantee, the user must supply a detailed written description of the fault immediately.
Art. 6 Liabilities of Springer-Verlag
- Springer-Verlag will be liable for damages, whatever the legal ground, only in the case of intent or gross negligence and with respect to items covered by the guarantee. A guarantee of specific characteristics is given only in individual cases to specific users and requires an explicit written representation. Neither the originator nor the manufacturer are liable for information given under Art. 4. Liability under the product liability act is not affected. Springer-Verlag may always claim a contributory fault on the part of the user.
- The originator or manufacturer named on the Objects will be liable to the user, whatever the legal ground, only in case of intent or gross negligence. No guarantee is given in the case of possible running problems arising from, amongst other things, incompatibilities due to update patches or video drivers. Every care has been taken in the preparation of texts and figures, but the possibility of errors cannot be completely excluded. The publisher and software originators take no responsibility for incorrect entries and their consequences.
Art. 7 Liabilities of the User
- The user agrees to comply with the rules for use and transferral (Art. 1 and 2). Violations of these rules are criminal offences and may also give rise to claims for damages against the user from the licensers of Springer-Verlag.
- In the case of serious violations committed by the user, Springer-Verlag may revoke the license and demand that Objects are returned.
Art. 8 Data Protection
The user consents to the computerised storage and processing of his/her personal data.
Art. 9 Conclusion of the Agreement
The user understands that this agreement is not accompanied by a declaration of consent from Springer-Verlag.
Art. 10 Final Provisions
- The present agreement applies to Objects already delivered and still to
- If any provision of the agreement is or becomes invalid or if the agreement is incomplete, the remainder of the agreement is not affected. The invalid provision shall then be replaced by a legally valid provision which comes as close as possible to the invalid provision in its economic effect. The same applies to possible gaps in the agreement.
- This agreement falls under the jurisdiction of the courts at Heidelberg if the user is a merchant who has been entered in the commercial register, a legal entity under public law, or a public special fund, or if he/she has no residence or place of business in Germany.
- This agreement is subject to the laws of Germany to the exclusion of the UNCITRAL trading rules.