Terms and Conditions for Perinorm
General Terms and Conditions Governing the Use of Perinorm-Online
1. Subject and scope of Agreement
Perinorm is supplied by DIN Deutsches Institut für Normung e.V. (DIN), British Standards Institution (BSI) and Association Française de Normalisation (AFNOR). Perinorm contains inter alia the databases of DIN (DITR), BSI (Standardline) and AFNOR (Noriane). DIN, BSI and AFNOR are referred to below as 'the Suppliers'.
Perinorm is distributed by third parties as well as by the Suppliers. 'Party to the Agreement' means any third person, company, partnership or corporation, however and wherever formed, that is duly authorized to act on their behalf for the purpose of marketing Perinorm-Online, but also the Suppliers themselves in as far as they conclude an agreement with the User.
The Party to the Agreement gives the User online access to the data from Perinorm via the Internet or other networks. The point of data transfer is the point of connection of the server authorized by the Party to the Agreement to the Telekom data line. The responsibility of the Party to the Agreement for data transmission terminates at this point.
These general Terms and Conditions apply exclusively. No other tems and conditions shall form part of this Agreement, even where these are not expressly contested by the Party to the Agreement.
2. Right of access
The User shall register with the Party to the Agreement, giving his full and correct particulars. The Party to the Agreement shall arrange for the User to be given right of access.
The User shall be assigned by the Party to the Agreement a user name and password. The passing-on of user name and password to third parties is not permitted.
3. Technical requirements
The Party to the Agreement shall provide all data in file formats supporting the HTTP Internet protocol. The Party to the Agreement will provide the version appropriate to the system capability and configuration.
The User is responsible for satisfying, at his own expense and risk, the system and configuration requirements for running Perinorm. The Party to the Agreement reserves the right to make changes in the technical requirements, while endeavouring to keep such changes to a minimum.
All rights, in particular copyright and those rights pertaining to the use and exploitation of Perinorm-Online, are held exclusively by the Suppliers. For the period covered by the User Agreement, the User has the non-exclusive and non-transferable right to use the supplied data for in-house purposes within the scope set out in the Agreement. The User agrees to use the data from not more than one work station unless access from more than one work station is expressly granted by the Agreement.
The User is entitled to conduct searches on his own behalf. The permanent storage of data via the browser is not permitted.
The passing-on of data in whole or in part, whether on electronic carriers, by data transmission or as paper copies, is not permitted, nor is it permitted to allow third parties access to the stored data, feed the data into a local retrieval system or intranet, or supply information on a commercial basis.
No form of translation, processing, rearrangement or other form of modification is permitted.
Should the Party to the Agreement suspect any improper use of the software or other breach of Agreement, it reserves the right to investigate such matters and take appropriate measures or terminate the access rights of the User. Claims for damages remain hereby unaffected.
5. Duties of User
The User is obliged to use his online access solely in the manner intended. In particular, he will not make improper use of his right of access and will respect the recognized data security rules for ensuring data protection. The User will notify the Party to the Agreement without delay of any indication of improper use.
The User shall indemnify the Party to the Agreement against any damage the Party to the Agreement may suffer as a result of a breach of Agreement by the User or as a result of claims from third parties due to any action of the User contrary to the Terms and Conditions of the Agreement.
The costs for terminals and telecommunication charges shall be borne by the User.
It shall be the responsibility of the User to ensure that third parties do not obtain unauthorized access to nor obtain unauthorized knowledge of the content of the data in the database.
The Party to the Agreement grants the User online access in accordance with the current schedule of rates constituting part of the User Agreement.
8. Period of use
Right of access is granted for an indefinite period. The Party to the Agreement is entitled to withdraw right of use at any time.
The Party to the Agreement and the Suppliers shall be held liable only for action with intent and gross negligence. On no account shall the Party to the Agreement and the Suppliers be held liable for the accuracy and completeness of the data provided as part of the information service. Neither the Party to the Agreement nor the Suppliers make any warranty, expressly or implicitly, that the data provided are fit for a particular purpose, nor that they are capable of performing a specific function, nor that they are accurate or up-to-date. In the event of any damages resulting from impossibility or default, only compensation for direct damage will be owed.
10. Data protection
The User is hereby informed that the Party to the Agreement will retain his full name and address in machine-readable form and will machine-process these for information ensuing from the Agreement (in Germany pursuant to section 33, subsection 1 of the Bundesdatenschutzgesetz (German Federal Data Protection Act)). The Party to the Agreement guarantees that this will be done in observance of the legal regulations in respect of data protection. Unless an objection is made by the User at the commencement of the period of use or at any subsequent time, data (name, title and address only) can be passed on to associated companies.
11. Place of jurisdiction
The Agreement is governed by the laws of the country of the Party to the Agreement. For all disputes arising out a contractual relationship subject to German law, Tiergarten district court in Berlin shall be agreed as the responsible court if the User is a full merchant or is of equal status as set forth in section 38 of the "Zivilprozessordnung" (Code of Civil Procedure). The Party to the Agreement is entitled to bring action at the principal place of business of the User.
12. Other provisions
All amendments to this Agreement must be made in writing. Should any provision of this Agreement prove to be invalid or unenforceable, the validity of the rest of the Agreement shall remain unaffected thereby. The parties shall rather commit themselves in such cases to establish a valid or enforceable provision which goes as far as possible towards matching the spirit and purpose of the provision requiring substitution.