Terms of a Licence

Online product licensing terms for GMP-Verlag Peither AG

Please read the licence terms carefully before accessing and using a knowledge portal. With the acquisition and use of a knowledge portal you agree to our terms and conditions. If you do not agree to our licence terms, you may not acquire or use the knowledge portal on your computer.

1.     Subject matter of the contract

This is a legal agreement between you (the licensee) and GMP-Verlag Peither AG (the licensor) on the terms and conditions for using the knowledge portals GMP-BERATER, GMP Compliance Adviser, EU-GMP-Leitfaden, GMP & TEA, SOP-Sammlung and the product series GMP:KnowHow and not a sales contract. The knowledge portals remain the property of GMP-Verlag Peither AG. No rights to the contents are acquired; these remain the sole property of GMP-Verlag Peither AG.

2.    Use of the knowledge portals

2.1 With a single licence (also included in the Business Package) you obtain the simple, non-exclusive right to the use of the knowledge portal for the duration of the contract which is not transferable to third parties.

2.2 With a corporate licence, the use within the company is unlimited and limited to the duration of the contract. One licence can only be used by one employee at a time. In case of multiple licences several employees can use the knowledge portal simultaneously, depending on the number of licences.

2.3 You will receive a simple, non-exclusive, personal and non-transferable right to use the knowledge portal after payment has been received and access has been set up. The right of use is personal to you and cannot be transferred to third parties. The licence has a minimum duration of 3 or 12 months. It can be terminated in writing with a notice period of 4 weeks to the end of the term. Otherwise, the term will be extended by another 3 or 12 months. GMP-Verlag Peither AG can end this contract without notice for cause, especially for late payments or misuse of the internet application.

2.4 The documents accessed may only be used by the licensee for his/her own personal use. Any commercial transfer, in particular the sale, rental, leasing or lending of the programmes or documents, is not permitted.

2.5 Use of the knowledge portals by third parties not registered with the licensor is not permitted. In particular, it is not permitted to collect, reproduce, copy to other data carriers or store in retrieval systems elements of the knowledge portals or computer programs belonging to the knowledge portals for use by unauthorised third parties.

2.6 The licensor is entitled to take technical precautions to prevent use beyond the contractually permitted scope, in particular to install appropriate access blocks. The licensee is obliged to provide the licence supplier with the information and documents required for verification.

2.7 As a user of our knowledge portals, you will automatically receive an info letter regarding updates on technical and content changes. You can unsubscribe from this service via a link in each email.

3.     Access to the knowledge portals

3.1 Companies, authorities and other institutions can arrange full access with GMP-Verlag Peither AG. A registration link is provided for employees to set up individual access under the company license.

3.2 The licensee is obliged to restrict the registration link to authorised users of his institution and to prevent misuse by third parties. The licensee shall also ensure that users working in his institution comply with this obligation.

3.3 If the licensee becomes aware of any misuse of access data, passwords or registration links, the licensee must notify us immediately. In the event of misuse, we are entitled to block access to the knowledge portal. The licensee is liable for any misuse for which he is responsible.

4.     Obligations of the licensee

4.1 The licensee is responsible for ensuring that the technical requirements for accessing a knowledge portal are met, in particular regarding the hardware and operating system software used, the connection to the internet and the latest browser software. Upon request, the provider shall inform the licensee of the browser to be used.

4.2 Following notification from the licensor about further development of software platforms and other technical components, the licensee must adapt their software and hardware accordingly.

4.3 The correct use of the functions of the knowledge portal and the necessary monitoring of compliance with the permitted limits of use require that the computers used by the licensee have the current and correct time and time zone set and that the licensee's system accepts the cookies submitted by the licensor's server. Making the appropriate settings is the responsibility of the licensee. If the licensee fails to do so for reasons within his control, the licensor shall not be liable for any resulting functional limitations. If the breach of duty impairs the monitoring of compliance with the usage limits, the licensor may request the licensee to remedy the situation by setting a reasonable deadline. If the deadline expires without such remedy being provided, the licensee's access can be blocked until such time as the situation is remedied. The licensor may also terminate the license agreement after a reasonable period of time has elapsed without results.

4.4 The licensee is obliged to take the necessary precautions to secure his system and his knowledge portal, in particular to use up-to-date protection software against computer viruses. The licensor is not liable for damage caused by viruses that could have been prevented by using appropriate software.

4.5 The licensee is obliged to protect the password and username provided against unauthorised use and to store them carefully.

4.6 The licensee is granted a non-exclusive, simple right to use the content of the knowledge portal. The licensee is not entitled to distribute or publish the content to third parties.

5.     The licensor’s right to modify

The licensor has the right to change, limit or exchange the content of the knowledge portal. If such a change results in a significant limitation of the content available to the licensee under the user agreement, the fee payable by the licensee shall be reduced accordingly.

6.     Copyright

6.1 All intellectual property rights and copyrights in the knowledge portals are the exclusive property of GMP-Verlag Peither AG. The knowledge portals are the intellectual property of GMP-Verlag Peither AG. They are protected by the German copyright law, the international copyright treaties and all relevant laws of the country, in which they are used. The structure, organisation and code of the knowledge portals are valuable business secrets and confidential information of the GMP-Verlag Peither AG and its suppliers. The knowledge portals or parts of the knowledge portals must not be copied, modified or integrated into other programmes, without the explicit, written consent of GMP-Verlag Peither AG. Therefore, you must treat the knowledge portals as any other copyrighted material. You are only allowed to copy the knowledge portals and their supporting material within the scope of the provisions of the section “Use of the knowledge portals”. All copies and printouts permitted under this agreement must contain the same copyright and other proprietary notices as the original knowledge portal. You are obliged to neither change nor to adapt the knowledge portals. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or source data of the knowledge portals.

6.2 All rights in the knowledge portals beyond those explicitly granted, especially usage rights and ancillary copyrights on included content and documents, belong to the licensor.

6.3. Trademarks, company logos, other distinctive or protective marks, copyright notices, serial numbers and other features that serve to identify the knowledge portals or individual elements may not be removed or altered. This also applies to printouts and copies of the knowledge portals.

6.4 Within the limits of the programme's functionality, you are entitled to use the permitted number of symbols in quotes. However, the quotations must remain unchanged. Any use beyond the quotation right requires the written consent of GMP-Verlag Peither AG.

7.     Warranty

7.1 GMP-Verlag Peither AG guarantees its data selection, maintenance, and knowledge portal creation meet professional publishing standards. The publisher disclaims responsibility for content accuracy and completeness if the information came from third parties, including authorities, legislative bodies, and authors.

7.2 For technical reasons, such as necessary service operations, the availability of the knowledge portals may be temporarily limited. In the event of a server failure for a significant period of time during standard working hours, the customer's payment obligation will be reduced accordingly.

7.3 The licensor will address portal or retrieval defects promptly, once the licensee submits a clear written explanation of the problem. If the error cannot be remedied within a reasonable period of time, the licensee may request a proportionate reduction in price. In the event of repeated significant defects, the licensee may also terminate the contract without notice.

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

8.     Liability

8.1 The knowledge portals have been compiled with the utmost care. Nevertheless, GMP-Verlag Peither AG, the authors, software engineers or distributors cannot be held liable for errors.

8.2 The publisher disclaims responsibility for content accuracy and completeness if the information came from third parties, including authorities, legislative bodies, and authors.

8.3 The accuracy of the content can only be guaranteed to a limited extent. Despite our best efforts to keep legal data current, using third-party sources means we can’t guarantee its timeliness.

8.4 The GMP-Verlag Peither AG does not, within the statutory permitted extent, give any ex­plicit or implied warranties of any kind concerning the software, its quality, performance or suitability for a particular purpose. The GMP-Verlag Peither AG 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 GMP-Verlag Peither AG, unless in cases of injury of life, 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 GMP-Verlag Peither AG. A liability for damages caused by a defective product that are not covered by the assurance, are excluded, unless these were caused deliberately or because of gross negligence.

8.5 In any case, the liability of the GMP-Verlag Peither AG is limited to the amount paid for the licensing of the contents.

8.6 The above regulations shall also apply for employees and vicarious agents of the GMP-Verlag Peither AG.

8.7 Regulations of the Product Liability Act remain unaffected.

9.     Applicable law and general provisions

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 arising from this contract is the competent court of our company headquarters (Schopfheim), provided that the customer 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 will terminate automatically if you fail to comply with its terms despite being given a grace period. Otherwise, this agreement will terminate upon termination of the underlying licence agreement.

9.4 This contract may only be amended or supplemented in writing, whereby the amendment must be signed by an authorised executive of GMP-Verlag Peither AG. Written form shall also apply to any amendment to the written form requirement.

9.5 If any part of this agreement is found to be invalid or unenforceable, it will not affect the validity of the remainder of the agreement, which shall remain valid and enforceable according to its terms. In such case, the parties shall replace the ineffective provision with one that most closely approximates the purpose of the agreement.

 

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

GMP-Verlag Peither AG
Karlstrasse 2
79650 Schopfheim
Germany
Phone    +49 7622 66686-70
Email:    service@gmp-verlag.de
Web:      www.gmp-publishing.com

(As of January 2025)

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