Sprecher + Schuh

Terms of Use CAD Download

1. 1. Subject Matter of Contract

   Within the scope of our fair use policy (50 download tickets per day), using the database and downloading CAD/BIM files is free of charge for the customer.
   The database solely is to be used by customers who are companies according to business conditions. These are normal or lawful persons or legal business partnerships, which operate in commercial or self-employed activities.
   The database provider supplies the customer with online access to this database and the therein contained data per http via internet for research and to retrieve data within the frame of this contract.
   The use of this database occurs solely based on the existing terms of this contract. Other terms and conditions are invalid even if the database provider does not exclusively object to these. Addendums and changes to the contract are only valid if in writing.
   The purpose of this data is limited to the use of this data for CAD designs and BIM designs. Any use of this data with the goal of replacing or copying parts of or the entire database is strictly prohibited.

2. 2. Use of Customer Data, Non-Disclosure and Data Protection

   The database provider records the usage and billing data and saves these respectively during the legally admissible time. Upon request, the customer has the right to be informed concerning his saved data free of charge. The customer is hereto informed that the database provider saves and mechanically records the customer’s address and other specific details in machine-readable form and according to the guidelines of the Federal Data Protection Act. The database provider guarantees the confidential treatment of this data. The customer must allow himself to be registered in the attached form in order to validate this contract. The database provider is expressly authorized to pass on the third-party usage data of the customer to the respective manufacturer/supplier as well as the transmission of usage data to third parties for purposes of advertisement, marketing research and surveys.

   For more information, e.g. your rights as data subject, your right to object please see the following documents: privacy policy (homepage and data protection notice for PARTcommunity Portal members: https://b2b.partcommunity.com/community/help/privacy).

3. 3. Guarantee

   The database provider does not assume liability for the access options on the database and the availability of the saved data, the database provider has put the data together with the utmost care. The database provider does not assume liability for the guarantee of correct, complete, up-to-date and usable data recalled by the customer. The identity of the dimensions of parts in the database to the purchased parts is not guaranteed. No guarantees necessarily account for particularly insignificant impairments during research, data recall or concerning the content of the data (e.g. typos), which do not significantly impair the database. Excluded from the warranty are problems that arise from defects or interruptions in the customer’s computer, communication channels, or from improper use by the customer.

4. 4. Liability

   The granting of free use of the database occurs in good faith and at the customer’s own risk. The database provider assumes responsibility and liability in the event of gross negligence or breach of an essential requirement for the completion of the contract. Any liability for consequential damages arising from the use of third data cannot be assumed. Warranty and liability are excluded for the remainder of the contract.

5. 5.Terms of Use

   All rights, in particular the copyright use and analysis right of the database as well as those to the essential parts of the database in regards to the customer are exclusively reserved for the database provider. The customer has the right to conduct searches in the database and save a selection of the researched data onto the memory of his computer hard drive. The customer may print out the retrieved data as a hard copy or save it onto the hard drive of his computer. The customer may use the retrieved data for personal uses only.

   The following uses of data recalled in electronic form by the customer are strictly prohibited:

   a) The use of the retrieved data to produce more than just individual copies or for making systematic collections or compiling a new database, especially the systematic collection in computer systems, the systematic collection of data in PDM;PLM; BIM systems, or systems with the same objective target.

   b) The production of additional copies of the downloaded data for personal scientific use, if carried out for commercial purposes and the inclusion of additional copies in personal files, even if this is for the customer’s own information and concerns daily demands.

   c) The retrieved data may be passed on to business partners and companies (such as workshops) for consideration and implementation of concrete projects. The customer will ensure that the business partners of the company do not to use the data for other purposes. Otherwise, the retrieved data may not be ceded to third parties, distributed, or communicated to the public.

   d) The translation, adaptation, arrangement and other alteration of the retrieved data requires the consent of the database provider. The compilations of summaries (abstracts), which replace the notice of the original data, are prohibited.

   e) The distribution of this data to the direct or indirect competitor of the database provider.

   The customer may not remove any copyright, trademark and other reservations of rights in the data.A violation of these Terms of Use or attempt to circumvent the barriers to entry, constitute a copyright violation and entitle the database operator to collect damages.

6. 6. Special Provisions for Information Brokers

   Information brokers (equals customer in this contract) that run the database research for clients, may pass on the research results mentioned under paragraph 5 to the respective client, if said client has agreed, in written form, to abide by the terms of use of the customer addressed by the database provider according to paragraph 5, and the customer offers the database provider a formal obligation agreed to by the client upon request.

7. 7. Technical Specifications

   The customer is responsible for supplying the connection to the database provider’s servers and for all other technical outfits.
   The database provider has the right, if necessary also during working hours, to conduct maintenance on the server and database. This may result in disturbances concerning data recall for which the database provider assumes no liability.

8. 8. Customer Obligations

   The customer ensures that unauthorized third parties do not gain access to copies made by him or gain unauthorized access to the contents of the database. The database provider reserves the right to investigate suspected abuse or breach of contract, take appropriate actions, and upon justified suspicion, reserves the right to freeze the customer’s access to the database.
   The customer may only use the database appropriately. In particular the customer should: use the database appropriately especially concerning the terms of use (paragraph 5); be responsible for protecting the basics of data privacy; abide by official and technical regulations, as well as netiquette (internet-specific system of rules); immediately announce indications of misuse of the database to the database provider.
   The customer is obligated to inform the database provider about noticeable damages or defects of the database.
   I hereby declare myself to complete the Database Order Contract. In particular, I hereby authorize consent to share the use of data in the context of paragraph 2 of this contract. I hereby also certify that I own a valid CAD software license and confirm to use the data solely for the above described purpose(s).

C. Terms Of Use PARTcloud 3D Printing & Sharing Service

1. 1. User Content

   User Content means any and all information and content that a user submits to, or uses with, the Site or Services (e.g., content in the user's profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content (and not Company), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.

2. 2. License.

   You hereby grant, and you represent and warrant that you have the right to grant, to Company and its affiliates and partners, an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

3. 3. Acceptable Use Policy.

   The following sets forth Company's "Acceptable Use Policy":

   (a) You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

   (b) In addition, you agree not to use the Site or Services to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (vi) harass or interfere with another user's use and enjoyment of the Site or Services; (vi) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site or Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); or (vii) systematically aggregating, embedding or deep-linking content from your own web site, service or platform to the Site for commercial purposes without the prior written consent of Company.

4. 4. Enforcement.

   We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms of Use or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your Company Account and/or reporting you to law enforcement authorities.

5. 5. Feedback.

   If you provide Company any feedback or suggestions regarding the Site or Services ("Feedback"), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

6. 6. Secondary License for PARTcloud Designs

   When you upload certain User Content to the Site or Services, you will be asked to select a secondary copyright license, which is additional to the license you grant to Company and its affiliates and partners in Section 1.2. This license will govern how other Site or Services users may use your User Content. You can designate this license to be one of the Creative Commons Licenses (see http://www.creativecommons.org) listed in the pull-down menu on the Site. You agree that Company may make your User Content available to other Site or Services users, subject to such other Site or Services users abiding by the terms of this secondary license; however, if you select the "All Rights Reserved" secondary copyright license, you agree that it means Company may display your User Content for public viewing on the Site and other Site or Services users must contact you to obtain additional rights, as necessary. While Company will advise other Site or Services users of the secondary license you select and request that the terms of such license be observed, you acknowledge that it is not Company's responsibility to enforce this secondary license and Company cannot guarantee that your secondary license will in fact be observed by other Site or Services users.

D. Jurisdiction and Applicable Law

All legal relations arising from this contract are subject to the laws of Federal Republic of Germany. Court of Augsburg (Germany).