General Terms & Conditions
General licensing terms for digital content
The E-Library operated by S. Hirzel Verlag offers a broad range of specialist literature in the fields of humanities and social sciences. This offer is intended exclusively for use by institutional customers such as libraries, institutes and companies.
1. Licensed product and authorised users
1.1 S. Hirzel Verlag (hereafter referred to as SHV) grants the Licensee the non-exclusive, non-transferable and non-sublicensable right to use digitally processed, proprietary content (e-books and e-journals) for a contractually agreed period of time. This content is utilised through the online platforms "Hirzel eLibrary" (hereinafter referred to as "Online Platform"). The Online Platforms are accessed via the internet. These licensing terms govern the access to and use of the digital content. They apply for the respectively licensed content, over the respective specified period of time, for the respectively agreed form of use, and for the agreed licence fee. Deviating rights of use will be regulated in a separate licensing agreement.
Use and access are regulated exclusively by this licensing agreement. Rights of use always apply to one site ("Single-site Licence"). "Multi-site Licences" (licences for multiple locations, e.g. in more than one town) must be expressly agreed.
The Licensee is entitled to grant its customers or visitors (= authorised users) access to the licensed content. Access arrangements are subject to the relationship between the Licensee and its authorised users, whereby the following provisions, in particular 3.2, shall apply.
1.2 Authorised users are
- current employees of the Licensee,
- teaching staff, as well as scientific staff and lecturers working for the Licensee,
- currently enrolled students at an institution run by the Licensee,
- library users on the library premises.
1.3 Parallel use by more than one authorised user of the Licensee is permitted.
2. Conclusion of contract and right of withdrawal
2.1 The online offers on the Online Platforms do not as such represent a binding offer of contract on the part of the Licensor. The purchase order given by the Licensee constitutes the offer of contract. The contract is concluded upon notification of the activation of the Online Platforms for the Licensee or receipt of the invoice.
2.2 SHV reserves the right to amend the licensing terms. In this event, the Licensee will be notified in writing or by email. The amended licensing terms shall be deemed to have been accepted unless the Licensee submits an objection within a period of 7 days.
2.3 A right of withdrawal does not exist pursuant to § 312 d, Section 4 No. 1 of the German Civil Code (BGB).
3. Scope of performance and rights of use
With the activation of access to one of the Online Platforms, the Licensee is accorded rights to use the purchased, digitally processed content (e-books and e-journals). These rights include reading the content as well as printing and downloading parts thereof.
3.1 The Licensee acknowledges that the licensed product is protected by copyright on behalf of SHV or on behalf of a third party. This applies for both the Online Platforms, as well as for the content available on the platforms and any other protectable elements.
3.2 Access authorisation is granted solely for the IP address(es) registered by the Licensee or for the registration details (user name/password) created when registering a user account. Remote usage of the platforms (remote access authentication) via the VPN (virtual private network) of the Licensee is permitted. In this case, the Licensee shall take appropriate measures and exercise the utmost care to ensure that only authorised users as stated under 1.2 have access to the VPN. If the Licensee does not have a fixed IP address, usage by means of remote access authentication must be agreed separately.
3.3 Authorised users are permitted to use the licensed product on workstations on the physical premises of the Licensee and over the Licensee's intranet. The licensed product may not be publicly rendered or otherwise made available to a non-authorised public audience (e.g. on the internet) outside of the framework laid down in the licensing terms.
3.4 Technically necessary, temporary and locally created electronic copies of the licensed product (caching) required for the contractual use of the Online Platforms are permitted.
3.5 Neither the Licensee nor the authorised users may entirely or in part use the licensed product for commercial or business purposes. Sale to a third party, renting, leasing, hiring, electronic interlibrary loaning or the inclusion of the licensed product in a document delivery service are not permitted. Solely the paper-based, interlibrary loaning of printouts of single book chapters or articles is permitted. It is, however, permitted to use the "Ariel Interlibrary Loan Software" to transmit part of the licensed product to a printer/fax machine at a recipient library. The sending of content to email addresses is not permitted.
3.6 The use of robots, spiders, crawlers or other automated download programs for the ongoing, automated searching, indexing or retrieval of the licensed product is not permitted.
3.7 The content is made available to the Licensee solely via the Online Platforms. Archiving of the licensed product (storage of the electronic data on the Licensee's servers) by the Licensee (either in whole or in part) requires the prior written consent of SHV. The licence provisions also apply to archived content.
3.8 Content that can be used by the Licensee but are not an explicit part of the order can be removed from the Online Platforms at any time.
3.9 The Licensee is not permitted to remove, modify or suppress the names of authors and publishers, copyright notices, logos or trademarks listed in the licensed product, or any other identifying features, disclaimers or legal reservations.
3.10 The Licensee shall inform its authorised users about these licensing terms.
4. Security measures, technical requirements, availability
4.1 The Licensee undertakes to submit truthful, current and complete information when ordering. The Licensee's user details must always be kept up to date. Furthermore the Licensee undertakes to treat as confidential all access details and passwords. The Licensee shall be held liable for all negligent breaches.
4.2 The Licensee shall take the appropriate technical measures to safeguard the licensed product against access by unauthorised third parties. The Licensor is be notified without delay in the event of loss of any access details or passwords, or if it is established that access details or the IP identification have been abused. The Licensee shall also be held liable for any acts of negligence in this regard. SHV shall be entitled to block access to the licensed product in the event of any unauthorised use, abuse or reasonable fear of abuse. In the event of abuse, the Licensee must also provide proof that establishes from which computer or by means of which user access the abuse occurred.
4.3 SHV shall use server and data lines of an adequate capacity and bandwidth for provision of the licensed product. Responsibility on the part of SHV regarding the provision and transmission of data shall end at the interface where the server connects to the internet ("point of transfer").
4.4 The Licensee alone shall be responsible for the technical requirements for using the licensed product within its network, in particular for the hardware, operating system software, internet connection and browser software used for this purpose.
4.5 SHV shall ensure that the licensed product is adequately protected against viruses and hacker attacks. The Licensee also undertakes to safeguard its systems in an appropriate manner. SHV shall not be liable for damage caused by a virus that technically could have been prevented.
4.6 Occasional maintenance work, in individual cases also server shutdowns or restarts, are required to permanently ensure smooth operation pursuant to this Agreement. This may consequently result in infrequent, temporary service restrictions.
4.7 The Licensee shall be responsible for adapting his systems to accommodate new technical developments of, or modifications to, technical components of the Online Platforms. The Licensee will be informed about any necessary changes in good time.
5. Data privacy and liability
5.1 SHV is entitled to gather, process and use personal and usage data. The following personal data are gathered in the Hirzel eLibrary: surname, first name and email address. The publishing house is entitled to use the aforementioned data for the purpose of providing information concerning the Hirzel eLibrary (for example regarding maintenance work, etc.), management of the user accounts, as well as for market research with regard to the needs-oriented design of the Hirzel eLibrary. The data will be disclosed to third parties solely for the processing of payments.
5.2 The Licensee shall cause all appropriate and reasonable measures to be taken to ensure that the licensed product is only used in accordance with these licensing terms and to prevent any form of abuse. If any breaches of these provisions should become known, the Licensee and SHV shall inform each other and cooperate to prevent further abuse. The Licensee cannot be held liable for breaches of provisions of this Agreement by users provided that the Licensee has not caused, intentionally facilitated or condoned such breaches and has become aware of said breaches.
5.3 The content made available via the Online Platforms has been prepared by SHV with the care and diligence commonly accepted in the industry. Despite careful controls and corrections, errors cannot be excluded, however. SHV shall only be liable for damages – regardless of the legal justification, in particular due to breach of obligation, tort or delay – in cases of intent and gross negligence on the part of SHV, its representatives, or performing and vicarious agents. SHV shall not otherwise be deemed to be liable.
5.4 SHV shall not be responsible for technical problems (such as line malfunctions, power failures or other problems in the internet and telecommunications infrastructure) or other circumstances (e.g. war, strikes, floods, governmental restrictions) that are beyond the control of SHV.
5.5. The limitation period for material and legal deficiencies for licensees who are not consumers for the purposes of § 13 German Civil Code (BGB) is – except in cases of intent – one year from the beginning of the statutory limitation period. Legislation concerning limitation periods applies to consumers.
5.6 Representations in marketing material, specifications, etc. do not represent guarantees. A guarantee requires explicit written confirmation by SHV.
6. Contract term and termination
6.1 Subscription contracts for online journals (e-journals) are concluded for a fixed term of 12 months. If delivery begins during the year, the subscription contract shall run retrospectively from the beginning of the current calendar year. Each contracting party is entitled following expiry of the fixed term to terminate the contract to the end of the calendar year subject to a notice period of six weeks. The subscription contract shall be extended for a further calendar year provided it is not terminated by one of the parties to the end of the calendar year subject to a notice period of six weeks.
6.2 The Licensee is entitled to use content purchased on the online platforms with no restrictions unless agreed otherwise.
6.3. The right of the contractual parties to terminate the contract for good cause shall remain unprejudiced. Upon termination of the contract, SHV shall, upon request, grant the Licensee continued access to purchased and paid content for unrestricted use in terms of time (such as by facilitating the systematic downloading of PDF files and including the right to archive said files). Specifically excluded from this provision are pricing models that only grant access to content for a certain period of time (hire/rental models).
6.4 Should SHV terminate the contract for reasons of an ongoing breach of the licensing terms (e.g. due to systematic downloading or unauthorised disclosure of content), the Licensee shall no longer be entitled to a provision of purchased content within the meaning of 6.2.
6.5 Notice of termination must always be given in writing and addressed to:
S. Hirzel Verlag GmbH
6.6 The laws of the Federal Republic of Germany shall apply with the explicit exclusion of the UN Convention on the International Sale of Goods. Legal venue is Stuttgart.
6.7 Should single provisions of these terms and conditions be or become void or invalid in whole or in part, or should there be a loophole in the terms and conditions, this shall not prejudice the validity of the remaining provisions. The effective provision that comes closest to fulfilling the purpose of the invalid provision as well as the Agreement as a whole in actual, legal and economic terms shall be deemed to have been agreed in place of the void or invalid provision. This shall also apply correspondingly in the event of a loophole.