§ 1 General, Scope of Application
- Springer-Verlag GmbH, Heidelberger Platz 3, 14197 Berlin (“Springer-Verlag”) provides supplementary resources to Springer books (tables, graphics, images, software and other materials) via the website http://extras.springer.com (“Site”). These additional materials (“Extra Materials”) are provided for downloading on a purely voluntary basis.
§ 2 Use of Extra Materials, Disclaimers
- The User has no right or title to the use and access of the Site or the Extra Materials against Springer-Verlag or any other entity of the Springer Science + Business Media Group.
- Springer-Verlag reserves the right to modify or to remove any content provided via the Site, i.e. information, data, software, photographs, graphs, videos, typefaces, graphics, sounds, and other material (collectively “Content”), in its sole discretion at any time, or to modify or to close down the Site.
- Springer-Verlag can not warrant or guarantee uninterrupted or error-free usage of the Site or access to the Content. In particular, the availability of the Site can be restricted in case of maintenance or servicing work or technical problems (line interruptions, electricity cuts, denial of service attacks, etc.).
- Springer-Verlag does not make any warranty or guarantee regarding any results that may be obtained from the use of the Site or to the accuracy, reliability or currency of any information provided via the Site.
- Representations in marketing materials, service descriptions etc. of Springer-Verlag do not constitute any guarantee. A guarantee is only given by explicit written confirmation of Springer-Verlag.
§ 3 Rights of Use
- All Content provided via the Site is protected by copyrights, trademarks, patents, trade secrets, and other intellectual property rights.
- The User agrees, that in her/his relationship with Springer-Verlag the Content is protected in favour of Springer-Verlag and the above mentioned intellectual property rights are owned by Springer-Verlag. This applies to the data base and all copyright-protected works contained therein and all other protectable elements.
- The User has the non-exclusive, non-transferable right to use the Content only for her/his personal use or for purpose of research and in accordance with these Terms.
- The User is only allowed to access the Site and use the Content to the extent expressly permitted by these Terms. All other usage is not permitted, in particular (but not limited to) to use or exploit the Content (in total or in parts) by sale to third parties, rent, lease, loan or any other commercial or trade purposes.
- The User is not permitted to use the Content (in total or in parts) for data bases or to deploy automated download programs or other means to search, index or download the Content continuously and automatically.
- The User may not modify, remove, delete, augment, add to, publish, transmit create derivative works from the Content.
- The User may not delete, change or suppress any author’s names, any copyright notices, trademark legends, logos or other proprietary rights notices, as well as any liability exclusions or limitations, legal reservations etc.
§ 4 Liability of Springer-Verlag
- Springer-Verlag will be liable to the User for any damages, for whatever legal reason (particularly liability for torts), only in case of:
- intent or gross negligence by Springer-Verlag, its representatives or agents;
- simple negligence, if a so-called cardinal obligation (i.e. obligation the breach of which endangers the performance of the purpose of the contractual relationship with the User) has been breached, for the typical and foreseeable damage;
- personal damages caused to body, life or health;
- a breach of a guarantee given by Springer-Verlag;
- any liability of Springer-Verlag pursuant the (German) Product Liability Act (“Produkthaftungsgesetz”).
- Otherwise Springer-Verlag bears no liability.
- To the extent that the liability of Springer-Verlag is excluded or limited, this applies as well for any personal liability of the organs, representatives or agents of Springer-Verlag.
- The use of the Internet is at User’s sole risk. Springer-Verlag is in particular not liable for any interruption of the Internet or the access to the Internet.
- The Site contains links to third party websites. Springer-Verlag cannot influence their contents or constantly check these websites. Springer-Verlag does not assume any responsibility for the contents or quality of these websites.
§ 5 Liability of Authors
- Every care has been taken by the authors of Springer-Verlag (“Authors”) in the preparation of the Extra Materials. Nevertheless errors cannot be completely excluded.
- The liability of the Authors is excluded or limited to the same extent as the liability of Springer-Verlag (§ 4).
§ 6 Liability of the User
- The User agrees to comply with all provisions of these Terms. The User has to compensate Springer-Verlag for all damage caused by illicit use, including (but not limited to) for any damage resulting from any infringement of copyrights or proprietary rights.
- The User acknowledges that violations of these Terms, in particular § 3, can be criminal offences and may also give rise to claims for damages against her/him from licensors of Springer-Verlag.
§ 7 Miscellaneous
- The Terms are subject to the laws of Germany with the exclusion of rules regarding conflicts of law.
- The Terms fall under the exclusive jurisdiction of the courts of Berlin, Germany, if the User is a merchant, a corporate body under public law, constitutes special assets governed by public law or is without domestic legal domicile in Germany. In these cases, the User expressly agrees that the courts of Berlin, Germany, shall have exclusive jurisdiction over all claims raising out of these Terms and the User’s use of the Site.
- If any provision of these Terms is or becomes invalid or if these Terms are incomplete, the remainder of the Terms 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 Terms.
- Springer-Verlag reserves the right, in its sole discretion, to revise these Terms. Users’ continued use of this Site following posting of any changes of the Terms on the Site constitutes acceptance of such changes.