Database operator

CADENAS Konstruktions-,
Softwareentwicklungs-
und Vertriebs GmbH

Schernecker Str. 5
86167 Augsburg
Germany

Phone: +49 821 2 58 58 0-0
Fax: +49 (0) 821 2 58 58 0-999
info@cadenas.de
www.cadenas.de

Preamble

By registering as a portal user (hereinafter referred to as “user”) I explicitly accept the following terms of use for the portal, the terms of use for preview images, downloaded data and files, as well as the exclusion of liability between the “Database Operator” and the User.

Terms of Use for the portal

1 Provided data

This portal offers 3 different types of data:

a) Data which is generated by CADENAS in cooperation with the respective supplier, whereby the original supplier data is made available to CADENAS by the respective supplier and also accepted by the supplier.

Marked by the following icon:

b) Links to the supplier.
Marked by the following icon:

c) Data uploaded by third parties (third parties can be, for example, portal users, CAD manufacturers, other service providers, etc.). The data uploaded by third parties is manufacturer component data created by the third party itself (e.g. switches, connectors, machine elements, other components, etc.), which is provided by the third party via this portal.
Marked by the following icon:

2 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 user.

The database solely is to be used by users who are entrepreneurs  within the meaning of the Terms and Conditions. These are normal or lawful persons or legal business partnerships, which operate in commercial or self-employed activities. A minimum age of 16 years applies for the usage and browsing.

The database provider supplies the user with online access to this database and the therein contained data per https 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 thereof 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.

3 Use of User 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 user has the right to be informed concerning his saved data free of charge. The user is hereto informed that the database provider saves and mechanically records the user’s address and other specific details in machine-readable form and according to the guidelines of the Federal Data Protection Act.  The database operator guarantees the confidential treatment of this data.

The user must register in the following form for the purpose of concluding a contract and retrieving data. The database operator is expressly authorized to pass on the user's usage data to the respective supplier and its distributors of the third-party data retrieved by the user and to transmit the usage data to third parties (e.g. suppliers, suppliers' distributors, suppliers' dealers) for the purposes of contact via e-mail and telephone, product advertising, product presentation or for technical consultations, possible technical modifications or rejections and advice. The database operator is expressly authorized to transmit the user's usage data to the supplier even if the supplier is located in an insecure third country from a data protection perspective.

The transfer of user data is only permitted for commercial use and upon acceptance of the General Terms and Conditions.

For further information, please refer to our privacy policy: https://www.cadenas.de/en/company/data-privacy

4 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 correctness, completeness, up-to-dateness and technical oder content-related usability ofdata recalled by the user. The identity of the dimensions of parts in the database to the products 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 user’s computer, communication channels, or from improper use by the user.

5 Liability

The granting of free use of the database occurs at the user’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.
The database provider assumes no liability for the accuracy, completeness, up-to-dateness and technical or content-related usability of the data retrieved.

6 Rights 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 user are exclusively reserved for the database provider. The user 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 user may print out the retrieved data as a hard copy or save it onto the hard drive of his computer. The user may use the retrieved data for personal uses only. Making copies or passing them on to third parties is not permitted.

The following use of data recalled in electronic form by the user is strictly prohibited:

  1. The use of 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. The storage of data in a PLM system, which is technically necessary in the typical design process, is expressly permitted.

  2. 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 user’s own information and concerns daily demands.

  3. The retrieved data may be passed on to business partners and companies (such as workshops) for consideration and implementation of concrete projects, or passed on to the client as an integral part of contract designs. The user 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.

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

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

The user 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.

Insofar as retrieved data is issued under a Creative Commons license, the permitted scope of use of this data is specified and limited solely by the respectively attached Creative Commons license.

7 Special Provisions for Information Brokers

Information brokers (equals user in this contract) that run the database research for clients, may pass on the research results mentioned under paragraph 6 to the respective client, if said client has agreed, in written form, to abide by the terms of use of the user addressed by the database provider according to paragraph 6, and the user offers the database provider a formal obligation agreed to by the client upon request.

8 Technical Specifications

The user 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.

9 User Obligations

The user 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 user’s access to the database.

The user may only use the database appropriately. In particular the user should: use the database appropriately especially concerning the rights of use (paragraph 6); 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 user is obligated to inform the database provider about noticeable damages or defects of the database.

10 Terms of use for uploading data

10.1 Content of uploads

The uploader hereby declares and guarantees that its content does not violate the Data Usage Policy (as defined below). The uploader (and not the database operator) bears sole responsibility for the user content.

 

10.2 License to uploaded data

The uploader hereby grants and guarantees the database operator, its subsidiaries and partners the right to disseminate and publish uploaded data for an unlimited period of time and in the type of dissemination and for use by users in accordance with this agreement.

 

10.3 Data Usage Policy

You agree not to use the Website or Services to upload, transmit, display or distribute User Content

(i) and thereby violate the rights of third parties. These include, but are not limited to, copyrights, trademark rights, patent rights, trade secrets, moral rights, rights of privacy, rights of publicity or other intellectual property and proprietary rights;

(ii) that is unlawful, offensive, abusive, tortious, threatening or harmful, invasive of another person's privacy, defamatory, false, intentionally misleading, unfair, pornographic, sexually explicit, obscene, patently offensive, or promotes racism, religious bigotry, hatred or physical harm of any kind against any group or individual, promotes illegal activities, contributes to the manufacture of weapons or unlawful content, or is otherwise objectionable;

(iii) is harmful to minors; or

(iv) violate any law, regulation or obligations or restrictions imposed by third parties;

In addition, you agree not to use the Website or the Services to

(i) attempt to gain unauthorized access to the Site or the Services, other computer systems or networks connected to or used by the Site or the Services, through password mining or any other means;

(ii) send unsolicited or unauthorized advertising or promotional material, junk mail, spam or chain letters, pyramid schemes or other unsolicited mass mailings, whether for private or commercial purposes.

(iii) collect or compile data or information and e-mail addresses of other users without their consent.

(iv) interfere with, disrupt or impose a disproportionately large load on the servers or networks connected to the Website and the Services, or violate the regulation, policies or procedures of such networks.

(v) attempt to gain unauthorized access to the Site or the Services, other computer systems or networks connected to or used by the Site or the Services, through password mining or any other means.

(vi) interfere with or harass the use or enjoyment of any other user of this Website or the Services.

(vii) introduce software or other automated spies or scripts on the Website and Services to create multiple accounts, generate automated searches or queries, or remove, intercept or collect data from the Website or Services (except for operators of public search engines, who have been granted revocable permission by the database operator to use web crawlers to copy material from the Site and Services for the sole purpose of, and only to the extent necessary for, creating publicly available indexes of materials, but not for archiving or caching the materials).

(viii) systematically collect, integrate or deep-link content from their own website, or offer or make it available on the website for commercial purposes without the prior written consent of the database operator.

In the event of a breach of an obligation pursuant to Section 10.3, you undertake to indemnify CADENAS upon first request and to reimburse CADENAS for the expenses incurred in the defense against third-party claims (legal fees and court costs).

 

10.4 Enforcement of the Directive

We reserve the right (but are not obligated) to review, monitor and/or take action in our sole discretion with respect to any User Content that violates the Data Usage Policy or any other provision of these Terms of Use or otherwise gives rise to liability to us or any third party. Such action may include removing or modifying your User Content, deleting your business account and/or reporting you to law enforcement authorities.

11 Jurisdiction and Applicable Law

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

I hereby agree to the conclusion of the database retrieval contract. In particular, I hereby give my consent to the transfer of the usage data within the scope of item 2 of this contract. I also hereby confirm that I will use the data exclusively for the purpose described herein.