Terms of a licence for online products
of the Maas & Peither AG – GMP Publishing

Please read the terms of a licence carefully before you acquire and use the database. With the acquisition and use of the database you agree to our terms of a licence. If you do not agree to our licence terms, you may not acquire this database and may not use it on your computer.

1.       Subject matter of the contract

This is a legal agreement between you (“licensee”) and the Maas & Peither AG - GMP Publishing (“licenser”) about the framework conditions for the use of the database GMP Compliance Adviser and is not a purchase contract. The database remains the property of the Maas & Peither AG - GMP Publishing. Rights to the contents are not acquired, they are with the Maas & Peither AG - GMP Publishing.

2.       Use of the database

2.1 With a single licence you obtain the simple, non-exclusive right to the use of the database, which is limited to the duration of the contract and is not transferable to third parties.

2.2 If you have a corporate licence, the use within the company is unlimited and limited to the duration of the contract. A licence can only be used by one staff member at a time, in the case of several licences, several staff members, depending on the number of licences can use the database at the same time.

2.3 The use within the company is permitted unrestrainedly, when using IP-checks. The retrieved documents may only be used by the licensee for his own use. Any commercial transmission, particularly to sale, rent, lease or lend the programmes or the documents to someone is not permitted.

2.4 The use of the database by third parties who are not listed at the licenser is not permitted. It is particularly not permitted to collect, reproduce or copy elements of the database or computer programmes which belong to the database on other data mediums or save them on retrieval systems in order to enable unauthorised third parties to an external use.

2.5 The licenser is authorised to make technical arrangements, which prevent a use not covered by the contract, particularly to install appropriate technical arrangements to block the access. The customer is obliged to provide the licenser with the required information and documents, which are necessary for verification.

3.       Access to online - products

3.1 Enterprises, authorities and other institutions, which are connected to the internet via their own and fixed IP address (static IP address) can reach an agreement to a full access with the Maas & Peither AG - GMP Publishing, to connect to the database via IP check (IP = Internet protocol). The registration with user name and password shall not apply for users working for the institution, because the computers used by them are identified via the fixed IP address.

3.2 They are obliged to limit the IP access to rooms and authorised users of their institution as well as prevent a misuse through third parties. Furthermore, they have to make sure that the users working in their institution fulfil these obligations.

3.3 If you take notice of misuse of the access information, the passwords or the IP check, you are obliged to inform us immediately. In the case of misuse, we are entitled to block the access to the database. You are liable for a misuse that you are responsible for.

4.       Obligations of the costumer

4.1 The costumer is responsible for providing the technical requirements necessary for the access to the database, particularly concerning the used hardware and the operating system software, the connection to the Internet and the current browser software. The provider will inform the costumer about each browser which has to be used.

4.2 In the case of further development of the software platforms and other technical components of the system by the licenser, the customer is responsible for taking necessary adaption measures concerning the software and hardware used by them after being informed by the provider.

4.3 The correct use of the database functions as well as the given control of the adherence of the permitted utilization limits, require that time and time zone of the computers used by the costumers are set up-to-date and right and that the system of the customer accepts the cookies that are transferred from the server of the licenser. The customer is responsible for making the required settings. If the customer does not fulfil this obligation for reasons he is responsible for, the licenser is not responsible for function restrictions resulting from this. If the control of meeting the utilization limits is affected due to breach of duty, the licenser can ask the costumer for remedy, while setting an appropriate deadline, and after passing of the deadline without the expected results, the access of the customer can be blocked until remedy is provided. Furthermore, the licenser can terminate the licence agreement after passing of the appropriate deadline without the expected results.

4.4 The customer is obliged to make arrangements concerning the security of his systems and his database, particularly to use up-to-date protection software against computer viruses. The licenser is not liable for defects caused by viruses, which could have been repelled by appropriate software.

4.5 The customer is obliged to protect the transmitted password and the user name against unauthorised use and to keep it in a safe place.

4.6 The customer receives a non-exclusive, simple right of utilisation of the database contents. He is not authorised to pass the contents on to a third party or to publish them.

5.       Authority of the vendor to modify

The licenser is authorised to modify or restrict the contents of the database or to exchange contents. If such a modification leads to an essential restraint of the contents, which according to the licence agreement are available for the customer, the payments, which have to be settled by the customer, will be appropriately reduced.

6.       Copyright

6.1 All intellectual property rights and copyrights of the database are exclusively owned by the Maas & Peither AG - GMP Publishing. The database is intellectual property of the Maas & Peither AG - GMP Publishing. It is protected by the German copyright laws, the international copyright treaties and all relevant laws of the country, in which it is used. The structure, organisation and code of the database are valuable business secrets and confidential information of the Maas & Peither AG - GMP Publishing and their suppliers. The database or parts of the database may not be copied, changed or integrated in other programmes, without the explicit, written approval of the Maas & Peither AG - GMP Publishing. Therefore, you must treat the database like any other copyrighted material. You are only allowed to copy the database and the supporting material within the scope of the provisions of the section “Usage of the database”. All copies and printouts, which you are allowed to make, according to this contract, must have the same copyright and other proprietary notices as the original database. You are obliged to neither change nor to adapt the database. You may not reverse engineer, decompile, disassemble the database or to otherwise try to discover the source code or source data of the database.

6.2 The rights to all other elements of the database, particularly the rights of utilisation and the ancillary copyrights to the including contents and documents are entitled to the licenser.

6.3. Trademarks, company logos, other distinctive marks or protection notes, copyright notes, serial numbers as well as other characteristics which serve the identification of the database or single elements may not be removed or modified. This also applies to printouts and copies from the database.

6.4 You are authorised to use the admitted number of symbols within the limits of the function of the programme within the framework of quotations. However, the quotations must remain unchanged. A use which exceeds the quotation right requires a written approval from the Maas & Peither AG.

7.       Warranty

7.1 The Maas & Peither AG - GMP Publishing warrants to proceed by using their professional knowledge and taking care in the usual way a publishing company would, when it comes to the selection and maintenance of the data and creation of the database. The publishing company is not liable for the correctness or completeness of the contents if it has received the data from third parties (authorities, legislative organs, authors).

7.2 Due to technical reasons, such as required service operations, the availability of the database can be temporary limited. In the case of a server breakdown over a considerable period of time during the usual working hours, the duty of the customer’s payment will be appropriately reduced.

7.3 Defects of the database or recalled elements will, as far as possible, be immediately corrected by the licenser, after a comprehensible, written error description from the customer. If a correction of defects is not possible within a reasonable period of time, the customer can demand a proportionate reduction. Moreover, in case of repeated considerable defects, the customer can terminate the contract without notice.

7.4 The warranty is excluded if a defect results from circumstances the customer is responsible for, particularly if the customer violates his duty of cooperation according to number 4.

8.       Liability

8.1 The database has been developed with great care, still the Maas & Peither AG - GMP Publishing, authors, software engineers or distribution cannot be made liable for defects.

8.2 We are not liable for the correctness or completeness of the contents if we receive the data from third parties (authorities, legislative organs, authors).

8.3 To provide the contents being up to date is only possible with restrictions. According to current laws and policies we do perform a continuous maintenance, but still we are dependent on receiving the data from third parties, insofar we are not liable for the contents being up-to-date. For copyright reasons we cannot assure to update in between two editions.

8.4 The Maas & Peither AG - GMP Publishing does not, within the statutory permitted extent, give any ex­plicit or implied warranties of any kind concerning this software, its quality, performance or fitness for a particular purpose. The Maas & Peither AG - GMP Publishing and its suppliers are not liable for defects (including loss of commercial profit and other financial losses) which result from the use of products or inability to use the products of the Maas & Peither AG - GMP Publishing, unless in cases of injury of life, injury of the body or health or the damage was caused by gross negligence or deliberate action, or for defects which result from the absence of guaranteed characteristics or from the violation of an essential contractual obligation which is caused by the Maas & Peither AG - GMP Publishing. A liability for damages caused by a defective product that are not covered by the assurance, are excluded, unless these were caused deliberately or as a result of gross negligence.

8.5 In any case, the liability of the Maas & Peither AG - GMP Publishing is limited to the contribution, which was paid by you for the licensing of the contents.

8.6 The above regulations shall also apply for staff members and auxiliary persons of the Maas & Peither AG - GMP Publishing.

8.7 Regulations of the Product Liability Act remain unaffected.

9.       Applicable law and general regulations

9.1 The laws of the Federal Republic of Germany shall apply with exception of legal norms that refer to another jurisdiction. General terms and conditions of the customer do not apply, if they adversely affect these regulations.

9.2 Exclusive jurisdiction for all disputes resulting from this contract is the competent court of our company headquarters (Schopfheim), if the client is a merchant in the sense of the German Commercial Code, legal entity under public law or special fund under public law.

9.3 This agreement shall terminate automatically, if you do not fulfil the regulations included in the contract despite a grace period. Otherwise the contract terminates with the termination of each underlying licence agreement.

9.4 The present contract can only be modified or supplemented in writing, but the modification has to be signed by an authorized executive employee of the Maas & Peither AG - GMP Publishing. The written form also applies for a modification of the required written form.

9.5 If it turns out, that any part of this present contract is void or unenforceable, it shall not affect the validity of the rest of this contract, the contract remains valid and enforceable, according to its regulations. In this case, the parties to the contract are going to replace the invalid regulation with a regulation, which comes closest to the objective of the contract.

 

Terms of a licence for CDs, DVDs and USB-Sticks
of Maas & Peither AG – GMP Publishing

Please read these software licence terms carefully, before installing the software on your computer. By installing the database on your computer, you agree to our licence terms. If you do not agree to our licence terms, you may not use this software on your computer.

1.       Subject matter of the contract

This is a legal agreement between you and the Maas & Peither AG – GMP Publishing about the framework conditions for the use of the acquired software and not a purchase contract. The software remains the property of the Maas & Peither AG – GMP Publishing. Content rights are not acquired.

2.       Usage of the software

2.1. With the purchase of a CD, a DVD or an USB-Stick, you acquire ownership of the physical data medium, as well as a simple, non-exclusive right of use, which is also unrestricted by time, for the software on the delivered data medium.

2.2 The licence authorises you for a single use of the software and the supporting material, within the framework of a normal use on any hardware that is available to you. In case of hardware changes, the software has to be deleted from the mass memory of the hardware used up to that point. Storing, retaining and use on more than one hardware device at the same time is not permitted. The authorisation of usage in particular includes the installation of the software from the original data medium to the mass memory of the hardware used as well as the loading of the software into the working memory. The licence does not apply to other types of use. The right of use does not include performing any modifications and translations or further replications of the software in any form or by any means, also not partly or temporarily. The removal of the copy protection or similar protection mechanisms is not permitted. Copyright notes, serial numbers and other distinguishing marks used for program identification are by no means to be removed or changed. The same shall apply to suppression of on-screen display of corresponding characteristics. Unauthorised modifications to the software or the removal of the copy protection or similar protection mechanisms will lead to the immediate and full loss of any warranty.

2.3 In order to make the software work, the original CD or original DVD has to be inserted into the CD-Rom drive of the computer.

2.4 You can install the software only on computers, hard drives or other storage devices, which are not used as a server. The software shall not be used on a network server or on other comparable technical devices, which make a multiple use possible.

3.       Copyright

All intellectual property rights to the software are exclusively owned by the Maas & Peither AG – GMP Publishing. The software is intellectual property of the Maas & Peither AG – GMP Publishing. It is protected by the German copyright laws, the international copyright treaties and all relevant laws of the country, in which it is used. The structure, organisation and code of the software are valuable business secrets and confidential information of the Maas & Peither AG - GMP-Publishing and their suppliers. The software or parts of the software may not be copied, changed or integrated in other programmes, without a specific, written approval of the Maas & Peither AG – GMP Publishing.  Therefore, you must treat the software as you would treat any other copyrighted material. You are only allowed to copy the software and the supporting material within the scope of the provisions of the section “Usage of the software”. All copies, you are allowed to make according to this contract, must have the same copyright and other proprietary notices as the original software. You undertake to neither change nor to adapt the software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or source data of the software.

4.       Transfer

You are not permitted to lease, rent out, sublicense or lend the software and the supporting material. You are not permitted to pass on or to sell the licence- and security key to anyone. But you may assign all your rights to use the software and the supporting material to another natural person or legal entity subject to the condition that you assign this contract, the software including all updates and previous versions and the complete supporting material to this other natural person or legal entity, but only on condition that you do not retain any copies, including copies stored on a computer and the recipient agrees to accept the terms and conditions of this contract. Furthermore, in the case of a transfer, you are obliged to inform the Maas & Peither AG – GMP Publishing about the name and full address of the transferee. The information can be sent via e-mail: service@gmp-publishing.de.

5.       Warranty

5.1 The Maas & Peither AG – GMP Publishing warrants to make use of their professional knowledge and take the usual care, a publishing company should, when it comes to the selection and maintenance of the data and creation of the software.

5.2 The Maas & Peither AG – GMP Publishing warrants, that the programme is generally suited for the use listed in the supporting material, which was placed at your disposal when the programme was transferred. We do not warrant that the software, including the supporting material and the hardware supplied, meets your requirements and purposes or that it is compatible with other programmes used by you. You are solely responsible for the selection and the consequences of the usage of the programme including the supporting material and the hardware, as well as the intention therewith or the resulting outcome. There is no warranty given, that the software is operational on all sorts of hardware and software configurations.

5.3. You must check the programme including the supporting material closely, particularly with regard to the completeness of the data medium and manuals as well as the functionality of basic programme functions. Recognisable defects have to be reported the latest, within 14 days after the programme has been activated, through a written notification. As part of the written notice of defect, specific information must be provided as to the content and aim with which the software is intended to be operated in accordance with the contract, which and how many working steps have been taken and, the error messages with which the software responded, should they exist. In the same way, latent defects must be reported immediately after their discovery. Otherwise, the programme and the supporting material are considered as accepted unreservedly.

5.4 After a written and comprehensible notification, defects in the software shall, as far as possible, be immediately be corrected by us. The correction of defects will be made at our choice, within a reasonable period of time, by remedying the defect (subsequent improvement) or by supplying software, which is free from defects (replacement). In the case of replacement, we are authorised to deliver a new programme version with at least equal range of functions. Possible replacement deliveries neither lead to an extension of warranty claims nor to an extension, suspension or interruption of the original warranty period. If a correction of defects is not possible within a reasonable period of time, you can demand a proportionate reduction. Moreover, in the case of repeated considerable defects, you can terminate the contract without notice.

5.5 In case of a significant deviation from the service description, the Maas & Peither AG – GMP Publishing is obliged, at its own choice, to either provide subsequent improvement or replacement deliveries. If the Maas & Peither AG – GMP Publishing does not manage to enable a use of the programme in accordance with the contract, you are entitled, to rescind the contract or reduce the license fee. If the production of a suitable programme in terms of chapter 5.2 is not possible with reasonable efforts, the Maas & Peither AG – GMP Publishing has also the right of withdrawal.

5.6 In the case of the assertion of warranty claims you are obliged to return the programme. The Maas & Peither AG – GMP Publishing bears the costs of the return.

5.7 The Maas & Peither AG – GMP Publishing does not warrant that the software does not infringe the rights of a third party, unless the infringement caused by the Maas & Peither AG – GMP Publishing was culpable. The Maas & Peither AG – GMP Publishing releases you from possible costs of the legal defence of compensation claims and intellectual property rights of a third party.

6.       Liability

6.1 The software has been developed with great care, still the Maas & Peither AG – GMP Publishing, authors, software engineers or distribution are not liable for defects.

6.2 We are not liable for the correctness or completeness of the contents if we receive the data from a third party (authorities, legislative organs, authors).

6.3 To provide the contents being up to date is only possible with restrictions. According to current laws and policies we do perform a continuous maintenance, but still we are dependent on receiving the data from third parties, insofar we are not liable for the contents being up-to-date. For copyright reasons we cannot assure to update in between two editions.

6.4 The Maas & Peither AG – GMP Publishing does not, within the statutory permitted extent, give any ex­plicit or implied warranties of any kind concerning this software, its quality, performance or fitness for a particular purpose. The Maas & Peither AG – GMP Publishing and its suppliers are not liable for defects (including loss of commercial profit and other financial losses) which result from the use of products or inability to use the products of the Maas & Peither AG – GMP Publishing, unless in cases of injury of life, injury of the body or health or the damage was caused by gross negligence or deliberate action, or for defects which result from the absence of guaranteed characteristics or from the violation of an essential contractual obligation which is caused by the Maas & Peither AG – GMP Publishing. A liability for damages caused by a defective product that are not covered by the assurance, are excluded, unless these were caused deliberately or as a result of gross negligence.

6.5 In any case, the liability of the Maas & Peither AG is limited to the contribution, which was paid by you for the transfer of the programme.

6.6 The above regulations shall also apply for staff members and auxiliary persons of the Maas & Peither AG – GMP Publishing.

6.7 Regulations of the Product Liability Act remain unaffected.

7.       Duty of confidentiality and care

7.1 You shall treat all information, which you have access to within the framework of this constructional relationship and which concern methods and actions of the Maas & Peither AG – GMP Publishing, confidential.

7.2 You shall store the original data medium at a place secured against the unauthorized access of third parties and instruct possible staff-members empathically regarding compliance with these terms and conditions and with the regulations of copyright laws.

8.       Software maintenance

The software maintenance as well as the support is explicitly not part of this contract.

9.       Rights to the software

The rights to the delivered software (trademark rights, copyrights, publication, reproduction, processing and exploitation rights) and to the documentations remain with the Maas & Peither AG – GMP Publishing, unless the rights are not explicitly given to you.

10.     Applicable law and general regulations

10.1 The laws of the Federal Republic of Germany shall apply with exception of legal norms that refer to another jurisdiction. General terms and conditions of the customer do not apply, if they adversely affect these regulations.

10.2 Exclusive jurisdiction for all disputes resulting from this contract is the competent court of our company headquarters (Schopfheim), insofar if the client is a merchant in the sense of the German commercial law, legal entity under public law or special fund under public law.

10.3 This agreement shall terminate automatically, if you do not fulfil the regulations included in the contract despite a grace period.

10.4 The present contract can only be modified or supplemented in writing, but the modification has to be signed by an authorized executive employee of the Maas & Peither AG – GMP Publishing. The written form also applies for a modification of the requirement for a written form.

10.5 If it turns out, that any part of this present contract is void or unenforceable, it shall not affect the validity of the rest of this contract, the contract remains valid and enforceable, according to its regulations. In this case, the parties to the contract are going to replace the invalid regulation with a regulation, which comes closest to the objective of the contract.

(as of 2017-02-28)

If you have any questions about this present contract or would like to have any information, please contact:

Maas & Peither AG – GMP Publishing
Karlstrasse 2
79650 Schopfheim (near Basel)
Phone        +49 7622 66686-70
Fax             +49 7622 66686-77
E-mail:       service@gmp-publishing.com
Web:         
www.gmp-publishing.com