Caution: Please read the following terms and conditions. If, after having read the following, you are in agreement, click on the "OK" button at the end of this text.
Database-Download Agreement between Cadenas Konstruktions-, Softwareentwicklungs- und Vertriebs GmbH (Provider)
and the Customer
Attention:
Downloading is allowed only if you have a valid software license for the chosen CAD System.
ACCEPTANCE OF THE AGREEMENT
NOTE: With this agreement it is assumed that the Customer has a license for the
PARTsolutions products, or a valid account. Without the license, the Customer will be denied
access to the database.
By clicking on the "OK" button at the end of this contract and subsequently on the "Confirm" button, you, the Customer, agree to the following terms and conditions and the Database Download Agreement is accepted with the following terms and conditions. Please read the contract carefully before proceeding. Pay particular attention to the contents of Section 7, "Use of the Customer's data, privacy and data protection." By accepting this agreement, you verify having read and thereby agree to all of the terms and conditions. You can print the agreement or download it as ana RTF file
1. Subject matter of the contract
1.1 The Provider provides the Customer access to the database files described in Section 2 online via the internet. Usage is allowed for research and downloading according to the "User Terms and Conditions".
1.2 The database will be used solely based on the terms and conditions currently under consideration. No other conditions will be considered valid even if not expressly denied by the Provider. Any additions to and/or changes in this agreement are valid only when put in writing.
2. Duties of the Provider
2.1 The Customer is entitled to search and download files from the database from this portal.
2.2 The Provider will strive to regularly update and expand the available database. This contract is based upon the condition of the database at the time of the agreement. It will remain up to the Provider as to which areas and to what extent the database will be updated.
3. Technical standards
3.1 The Provider will put the files on a server supporting TCP/IP protocol. The format will be according to the Customer's system as mentioned in the field "Technical Standards". The Provider will strive to provide the latest version. It is the Customer's responsibility to use a computer that meets the technical requirements.
3.2 The Customer is responsible for all required equipment and for the connection between his computer and the Provider's server.
3.3 The Provider is entitled, if necessary, to carry out maintenance operations on the server and the database even during operating hours. This may cause disturbances in accessing and/or downloading the data. In this case, the Provider does not assume any liability.
4. Rights of use
4.1 All rights, in particular the copyrights concerning use and exploitation of the database and essential parts of the database, are exclusively reserved for the Provider. The Customer is entitled to search the database and store a selection of the search data on the hard disk of the Customer's own computer.
4.2 The Customer may print a single copy of the downloaded database file. If the Customer has purchased a single or a network software license, the selection may be stored permanently on the single or network hard drive depending on which type of license is held by the Customer. The downloaded data is intended solely for the Customer's own use.
4.3 The Customer is strictly prohibited from using the downloaded database files in one or more of the following ways:
4.3.1. with a single license, storage in a network or a time sharing system; with all licenses, the storage on additional notebooks, networks, or on computers not operating in the Customer's network;
4.3.2. the use of the downloaded data for the reproduction of more than one copy or the systematic collection or composition of a new database;
4.3.3. further reproduction of downloaded data for one's own scientific use in the event it is for commercial purposes or storage of the copies in their own archive even if only intended for daily, routine use;
4.3.4. The downloaded data may be given to associated partners and companies (i.e. workshops) for inspection and execution of specific projects. The Customer will ensure that the associated partners of the aforementioned companies agree not to use the data for other purposes. Additionally, the downloaded data may not be relinquished to third parties, distributed, or released to the public.
4.4 The translation, processing, composition, and other changes to the downloaded data require the database Provider's permission. The composition of summaries (abstracts) that substitute for the knowledge of the original data is prohibited.
4.5 The Customer is not entitled to remove copyright notes, brand logotypes, or other protected items from the database.
4.6 Any violation of these conditions of use and/or any attempt to bypass the access safety barriers will constitute a violation of the copyright and entitle the Provider to advance a claim for damages.
5. Special provisions for information brokers
Information brokers (also referred to as Customer) who use the database while conducting a search for their clients, may transmit to their clients the search results within the scope of Section 4 only if the client commits in writing to the Broker that the conditions stated in Section 4 will be adhered to. Upon request, the Broker must present the written commitment to the Provider.
6. Obligations of the Customer
6.1 The Customer must use the database properly. In particular, the Customer will:
6.1.1 not abuse access to the database, especially if in violation of the conditions stated in Section 4;
6.1.2 adhere to the basic principles of data security for the protection of the data;
6.1.3 check, with greatest possible care, outgoing e-mails and database downloads for viruses;
6.1.4 respect legal, official, and technical regulations as well as Netiquette (internet specific regulations);
6.1.5 immediately report any misuse of or indication of misuse to the Provider;
6.2 The Customer is obligated to report to the Provider any recognizable fault in or damage to the database.
7. Use of Customer's data, privacy, and data protection
7.1 The Provider will keep a record of the Customer's use and account information. This record will be kept for the legally allowed period of time. Upon request, the customer has a right to inspect the stored data free of charge.
7.2 In accordance with the Federal Data Protection Law, the Customer is hereby informed that the Provider will store and process his full address and other contract specific details in machine readable form and will process them for the purposes stated in Section 7.3. The Provider, therefore issues a guarantee of confidentiality.
7.3 The Customer must register for the purpose of downloading and concluding the contract by filling out the following form. The Provider has the explicit right to pass on the data to the respective manufacturer and other third parties for advertisement and/or marketing and opinion research purposes.
7.4 Through the following acknowledgement, the Customer explicitly accepts the Provider's right to use his data according to Section 7.3. Herewith, the Customer is advised of his right to revoke these privileges at any time. The Provider's right to use this data is negated from the time of notification forward. The Provider must be given notice of the Customer's revocation.
7.5 The Customer is responsible to ensure that unauthorized third parties are not given access to the copies or knowledge of the contents of the data in the database. The Provider has the right to take precautions and investigate any discrepancies should suspicion of abuse or contract violation arise. If the suspicion is substantiated, the Provider can prevent database access to the Customer.
8. Compensation and payment conditions
8.1 For Customers who own a valid PARTsolutions software license, the data search and downloading from the database may currently be free of charge. For a period of Time, the data search and downloading from the database may currently could be free of charge for all users, (if the provider agreed).
8.2 The Provider maintains the right to effect price changes through an increase in the fees for database downloading; the Customer will be given adequate notification in the event of a price increase.
9. Guarantee
9.1 The Provider gives no guarantee as to the accessibility of the database or for the ability to retrieve the stored data.
9.2 The database has been compiled by the Provider with information provided by third parties; the Provider has taken the greatest possible care in compiling this data. Nevertheless, it is not possible to ensure that all of the data is correct, complete, and up-to-date. The Provider assumes no liability for this or for the usefulness of the downloaded data for the Customer. The compiled data has been created for use in computer supported design structuring. There is no guarantee that the parts' dimensions listed in the database and the actual parts are identical.
9.3 In particular, there is no guarantee regarding any minor interference while searching and downloading or regarding the contents of the data (i.e. typos) that do not significantly diminish the usefulness of the database. Deficiencies with the Customer's computer, interruptions of the communication lines, or the Customer's misuse of the data are excluded from this guarantee.
9.4 The Provider will immediately remove any significant interference or error. The Provider will strive to remove insignificant disturbances within a reasonable amount of time.
10. Liability
10.1 The use of the database, free of charge, is granted on good faith and at the Customer's own risk. The Provider assumes liability only in the case of intentional and gross negligence or the violation of one of the essential contractual obligations. No liability will be assumed for damages caused by the use of data provided by third parties. The Provider has taken measures to ensure that the rights of third parties will not be violated during downloading or the agreed upon use of the data according to this contract. In case third parties make a claim, the Provider will decide whether to dismiss or satisfy the claims. The Provider accepts liability that the data from third parties is correct, complete and up-to-date only to the previously mentioned limits of liability for the violation of the duty of care stated in 9.2.
10.2 The liability does not include data or database provided by third parties and employed together with the SOFTWARE (i.e. standard components), even when these are delivered together and constitute integral parts of the SOFTWARE. The Provider cannot control the accuracy of the data; this provision is also valid for the results obtained from the use of the SOFTWARE and the data.
11. Service changes
Should the technical, legal, or commercial basic conditions for the use of the internet change, and therefore significantly obstruct the Provider in the implementation of the contractual services, the Provider may change, terminate, or continue to offer the service on a fee basis.
12. Duration of the contract
The agreement with the Customer will be renewed at the time of the data download.
13. Place of jurisdiction and applicable law
13.1 All legal actions related to this contract are subject to the laws of the Federal Republic of Germany excluding United Nations Convention on Contracts for the International Sale of Goods (CISG).
13.2 Place of jurisdiction is Augsburg, Germany.
I agree with the terms and conditions of the above Download agreement. In particular, I grant my approval for the transmission of the use and account information within the scope of Section 7 of this agreement. I also confirm having possession of a valid software license from PARTsolutions or a special account. A one-time data download for test purposes is permitted.