Annex 1: Third Party Supplier Terms
GfK End User Flow Down Terms
GfK GeoMarketing, as licenser of the transferred databases (maps and other data) only transfers non-exclusive licenses to the licensee, subject to the provisos of this license.
§ 1 For the specific scope of the license granted, the specifications on the order/confirmation of the license or on any other license certificate at GfK GeoMarketing shall apply. If an intended purpose for the data has been individually specified therein, utilization shall only be permissible for this purpose. If a computer program has been specified therein with which the data is intended to be used, use shall only be permitted with this program. In this case, it shall not be permitted to read out raw data, which is not provided for by this program under its intended operation, and to bypass the protection against making direct copies of the vector graphics displayed. In the event of doubts, the scope of the license of the IN-HOUSE LICENSE shall apply in accordance with article 7 of these license regulations.
§ 2 Unless specifically agreed or if the license is defined as a SINGLE-USER license, the license shall apply to one user – i.e., for the use of the data at the workplace of one person. Workplace is a user’s computer (PC) or a terminal or an environment of a user (user account) restricted by the operating software on one computer. If several people can duly access the workplace, a license shall be required for each user who works with the data. This shall equally apply even if the users do not work simultaneously with the data, unless one user leaves permanently or is away for several days and is replaced by another user for this period of absence or permanently. If the license is designated as a multiple license or a multiple-user license, it shall be valid for the number of users specified.
§ 3 The licensee is exceptionally entitled within the framework of the license for one work place, to make a second installation on a laptop or to work through remote access to the work place through a network, if the second installation or the remote access is solely accessible by the user as specified in § 2.
§ 4 If the product is designated as an update or upgrade, it may only be used in conjunction with an existing license. The update or upgrade license is only an extension of the existing license and only entitles utilization within its limits.
§ 5 With regard to the data transferred, the licensee is entitled to process the data in the framework of articles 2 and 3 and the following provisions to create his/her own documents using said data and his/her additional own data, texts or other contents.
The modification or other use relevant to copyright (especially duplication, distribution, public accessibility) of the basic data beyond the standard use to create own documents, especially the conversion of the licensed data into other formats and removing intellectual property rights or copyright marks, names, brands or other marks or typical company designs of GfK GeoMarketing beyond the scope of the following specified licenses is prohibited.
§ 6 IN-HOUSE license
If the license purchased is designated as “IN-HOUSE license” or if nothing more specific has been determined, it applies for the use of the licensee’s own documents generated in line with article 6, that said own documents may only be duplicated for internal company purposes and only made accessible in-house. Any further distribution or making the documents generated publicly accessible – in particular passing them on to third parties, commercial marketing or publication in magazines, books or any other form and as one’s own work – requires a special license.
Documents which contain a major part of the data transferred in terms of type and scope – may only be duplicated or made accessible through an internal network beyond the work place in a way which does not enable the licensed basic data of the graphics or images generated, in particular of vector data, to be read out.
§ 7 In the framework of the authorized usage, the licensee is entitled to make necessary copies.
This applies in particular to the standard backups of the files or the system on which the data is installed – not, however to the keeping of the data on several computers for alternating use.
In the event of the license being resold, all remaining copies must be deleted. In the case of integrated backups of the installed files (images) that cannot be directly executed, this only applies in the case of the executable system being restored. The backup copies may only be made internally accessible in the necessary scope.
§ 8 GfK GeoMarketing may terminate the license due to important reasons. An important reason in particular is a serious violation of the restrictions of the licenses granted, unauthorized distribution of copies of the data or making it publicly accessible or any other prohibited distribution. In this case all licenses granted shall expire.
§ 9 The license may not be transferred without prior agreement from GfK GeoMarketing.
On the transfer of ownership for a license, this license – unless granted following a special agreement for specific purposes or a specific project –, shall be transferred to the purchaser in accordance with legal provisions without authorization from GfK GeoMarketing in the context of the region in which the exhaustion of the copyright law in accordance with article 69c point 3 of the German Copyright Act occurred.
Any special agreements not to pass on or sell licenses shall remain unaffected. If such an agreement is violated, the transfer can be effective in terms of copyright in accordance with the information above, but can have negative consequences in terms of contract law.
Leasing, borrowing, rental or timesharing requires a special license.
§ 10 The contractual relationship with the customer shall be subject to German law, excluding the UN convention on the sale of goods.
If you are a trader as defined by the German Commercial Code or act on behalf of such trader, a legal person under public law or special fund under public law, the place of jurisdiction for any claims in connection with the contractual relationship is Karlsruhe, Germany. We are also entitled to file suit at your general place of jurisdiction.
The general terms and conditions of GfK GeoMarketing apply here.
This translation is for information purposes only. The German text shall prevail in the event of any discrepancy between this version and the original.
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