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License & Terms of Conditions

License & Terms of Conditions Fischer | Data Science

§ 1 Scope of application

The following license & usage conditions apply to the products provided by Fischer | Data Science, represented by Patrick Fischer, 18106 Rostock, Germany, hereinafter referred to as supplier. By placing an order the customer, also user or licensee, agrees to the terms and conditions of license & use.
The use is exclusively on the basis of the present license & use conditions in the version of 01.01.2020 and as a use as software as a service ("SaaS"). The provider makes the offer available under the domain https://www.patrick-fischer.com. Should the offer or access be accessible under another domain in the future, the customer will be informed immediately by email.

§ 2 scope

Data access for the customer is based on a license, exclusively in the form of a browser-based access to the customer area at www.patrick-fischer.com/de/konto, which is accessible via the Internet using a standard web browser. For this purpose, the customer requires a functioning Internet access.
The scope of the product stated on the day of the order shall apply, in particular with regard to the number of users agreed upon. In addition, there is the possibility to extend the scope of the product in the customer area, which is contractually agreed upon with the order, by upgrades with costs. The scope of the order including the number of users is stated in the order confirmation or order confirmation. There is a continuous expansion of the database. The number of available entries varies, depending on the addition or removal of media companies in the market. Inactive media can still be called up and are noted in the database with the characteristic Archived.

§ 3 License period

The limited period of use or license duration is - depending on the order - 12 or 24 months from the date of the order. During this period the provider guarantees regular free updates of the database. The period of use ends with the expiry of the license. There is no automatic or tacit extension of the license. After the license expires, however, it is possible to extend the license in the customer area and place a new order there. With each upgrade, the license period (12 or 24 months, depending on the selected product) starts again on the day of the upgrade order.

§ 4 Payment

Payment of the license fee is due within 10 days of the order date and is payable in full at the beginning of the license period or can be made in advance by bank transfer to the account specified in the invoice/order confirmation.

§ 5 Copyright and rights of use

The database provided is protected by copyright. The provider's copyrights remain valid even after the expiry of the license period. The customer or licensee is not entitled to rent, lend or grant sub-licenses to third parties against payment or free of charge data from the scope of the product, the access data such as passwords, email addresses or license numbers or to make the access available to third parties, to transfer or otherwise commercially exploit it.
The provider may revoke the rights of use for the licensee for good cause, in particular in the event of attempted or successful automated reading of the database or transfer of access or data to third parties. In this case the license and thus the access ends with the day of the announcement of the important reason. Furthermore, you may neither attempt to extract the source code, nor copy the database or carry out reverse engineering. The use of the database does not in any case lead to the acquisition of copyrights or property rights on the part of the customer with regard to the database contents of the provider.

§ 6 Warranty

The provider undertakes to ensure that defects and faults are eliminated as quickly as possible. However, liability for defects in the provision of the service only exists if the provider is responsible for these defects. Customer support is provided at the email address support@patrick-fischer.com, which is also to be used in the event of fault reports by the customer. Fault reports or security-relevant events must be reported immediately by email. If the customer misses the notification of defects, paragraph 2 § 536c BGB ("During the rental period occurring defects; notification of defects by the tenant") applies accordingly. Despite all the technology, care and quality control used, the provider cannot guarantee the completeness, timeliness, accuracy or reliability of the data.

§ 7 Data protection

The valid German and European data protection laws and regulations apply. All data possibly entered by the customer remain his property. The data will not be passed on to third parties. The customer ensures that all rights regarding personal data are available by consent of the third party before processing his data. Furthermore, the customer indemnifies the provider from all claims of third parties and, in the event of a transmission of personal data in violation of data protection (entering contact data into the system), indemnifies the provider from all claims of third parties, unless the provider has proven that he is not responsible for the violation. The web hosting is carried out in Germany and fulfils all applicable data protection requirements. The customer shall treat the access data and passwords confidentially in order to exclude use by third parties.

Data entered by you:
You grant the provider exclusively, for a limited period of time for the respective license period and free of charge the use of the data provided by you exclusively to the extent necessary for the provision of the product or service to be provided. In the course of security measures (backups), this includes technical reproduction rights on the server and connected IT systems. Export of user data:
In accordance with the basic data protection regulation, you have the right to inspect your data. You can apply for the export of your user data in the customer area of the website, e.g. export of email addresses, customer data, billing data.

Data basis & origin:
All data provided originate from generally and publicly accessible data sources, have no personal reference and meet the requirements of the basic data protection regulation DSGVO or have been provided voluntarily by cooperation partners - the media companies themselves.
- from the included company websites themselves - publicly accessible data sources such as portals and directories - publications in the commercial register - from cooperation partners such as the media companies themselves

§ 8 Disclaimer

The provider regularly carries out data backups of all data, including data created, maintained or provided by the customer. However, in the event of data loss or other events, the Provider shall not be liable for slightly negligent breaches of duty, provided that these do not concern guarantees or duties essential to the contract in accordance with the Product Liability Act (ProdHaftG), nor for damages arising from injury to life, body or health. The amount of liability is limited to contract-typical damages and is only possible in the amount that can be expected from continuous data backup measures through the regular use of the export function of set data. In case of an excluded liability of the provider, this exclusion also applies to any employees, representatives, contractors or vicarious agents of the provider. Furthermore, the provider assumes no liability in the event that the use of the provided product via a web browser leads to negative or other disadvantages of the EDP system or digital terminal used by the customer, if it is due to user-specific settings or installed software on the customer's terminal.

Data access - & availability:
The provider cannot guarantee that the website on which the offer is made available will meet all the customer's requirements, that the website will be available without interruption and that it will function without error. However, the provider undertakes to ensure the greatest possible availability of the offer, to provide rapid remedy in the annual average in at least 98% of the time and in the event of errors or unavailability. The provider is not liable in cases for which he is not responsible, e.g. in cases of force majeure, restrictions that are beyond the provider's control, internet availability on the customer's side, hardware and software used by the customer or configuration / system settings. No liability can be assumed for the contents of third party websites in the database accessed by the customer via hyperlink (see the data protection declaration / disclaimer at https://www.patrick-fischer.com/en/privacy). In this case, the visit of third party websites and / or the opening of third party emails is at the customer's own risk. This applies in particular to downloads made on linked third-party websites. The provider expressly recommends that the customer use a standard anti-virus program to minimize this potential risk. In the event of a loss of data and any damages resulting therefrom, including main and secondary damages, lost sales and profits, of the customer or a third party, the customer or a third party shall be liable to the provider for all damages.

§ 9 Exemption

The provider, any employees, its partners, suppliers or affiliated companies will be indemnified from liability for damages caused by the customer's violation of the terms of use, including all lost profits, losses, costs, claims, demands, lawyer's fees, expenses and court costs.

§ 10 Place of jurisdiction and legal matters

In the event of legal disputes, the registered office of the provider, the Hanseatic City of Rostock, shall be the exclusive place of jurisdiction. The law of the Federal Republic of Germany shall apply. These license & terms of use apply exclusively and without inclusion of the UN Convention on Contracts for the International Sale of Goods.

§ 11 Changes of the license & usage conditions & contract language

For customers from Germany, Austria and Switzerland only this German language version of the Terms of Licence & Use applies. The provider reserves the right to change the license & usage conditions, e.g. if the legal framework conditions change. Changes to the terms and conditions of license & use must be in writing and will be communicated to the customer by email. The customer has an objection period of six weeks in case of changes. If the customer does not object by email to info@patrick-fischer.com within this period, the change is considered accepted. For the protection of this period the rightful dispatch within this period is sufficient.

§ 12 Severability clause

If one or more provisions of these license & use conditions should be or become ineffective in the future, the remaining provisions shall remain unaffected.

Fischer | Data Science. Passion for Data.