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You can read the Terms of Use here or download them: Terms of Use Material Hub (Version 2, valid from October 1, 2025).
ANb – Allgemeine Nutzungsbedingungen Material Hub
General Terms of Use for the Usage of the Platform "Material Hub"
Part 1 Preliminary Remarks and General Specifications
1.1. Preliminary Remarks
(1) Material Hub is an open, freely accessible digital material library that contains information on established and other materials (hereinafter referred to as materials) from manufacturers as well as research data and can be accessed at www.materialhub.de (hereinafter referred to as the "Platform").
(2) There are two different types of use options on the Platform:
- (a) the provision of suitable materials or information about materials by the so-called data provider ("DA"),
- (b) research and information by the so-called data researcher ("DR")
(together the "Platform Users").
(3) With its material database, the Platform provides DA with the basis for general advertising of their materials, expertise and research results as well as for specific enquiries from DR. This basis is also the centrepiece of the Platform. As an open, non-commercial and free internet platform, the material database, which is searchable for DR, can be found on the Platform. In this way, DR interested in materials and research are supported in finding, evaluating and obtaining material and knowledge for their projects and in establishing contacts between DA and DR.
(4) The Platform gives scientists the opportunity to make self-developed materials discoverable alongside industrial materials or to supplement the latter with research findings. In this way, the Platform promotes the networking of material research, material transfer and material application. Platform Users from science and industry are supported in their search for suitable material by the Platform's needs-based search and comparison options.
(5) One and the same natural or legal person may use the Platform both as DA and as DR, only as DR or only as DA, provided that the conditions of use are met.
(6) These General Terms of Use for the Usage of the Platform ("GTU") govern the rights and obligations of the Platform Users for the use of the Platform under the domain https://www.materialhub.de, i.e. the relationship between the Sächsische Landes-bibliothek – Staats- und Universitätsbibliothek Dresden ("SLUB") as the operator of the Platform and the respective Platform User.
1.2. General Specifications
(1) Part 1 and Part 4 of these GTU apply to all Platform Users. Part 2 and Part 3 of these GTU only apply to the respective user group of DA and DR.
(2) These GTU as a whole (Parts 1 to 4) shall form the basis of all agreements concluded with a Platform User via or in connection with the Platform. Other terms and conditions, in particular those of contractual partners, shall not become part of the agreement, even if the SLUB does not expressly object to them.
(3) Additions and amendments to these GTU must be made in writing to be legally effective. The written form requirement may also only be waived in writing. This does not apply to individual contractual agreements.
(4) If a use of the Platform as a DA is envisaged, one must register for the activation of a DA Account.
(5) The use of the Platform by Platform Users is free of charge. The Platform User has no claim against the SLUB to the provision and operation of the Platform; the SLUB may discontinue the operation and provision of the Platform at any time at its own discretion. The SLUB is not obliged to maintain the operation of the Platform.
(6) The SLUB may electronically store and process the data required to fulfil the agreement; further information on the subject of data protection can be found in the data protection information under https://www.materialhub.de/en/about-us/privacy-notice.
Part 2 Special Terms of Use for DA
2.1. DA
DA is who uses the Platform
- (a) as a company within the meaning of Section 14 German Civil Code (Bürgerliches Gesetzbuch),
- (b) as an institution of non-university research or as a private educational institution,
- (c) as a public corporation, including universities and colleges,
or - (d) in other organisational forms under private or public law for purposes that are not purely private
(together the "Organisations" and each an "Organisation")
or - (e) as a member, affiliate or employee of an Organisation
because he is interested in the publication of information about materials and their use to promote specific products, materials, findings and results and has created a user account as a DA ("DA Account") in accordance with these GTU. Consumers do not fulfil the above requirements under lit. (a) to (e) and are therefore not eligible as DA. A natural person acts as a consumer if they wish to use the Platform for purposes that cannot be predominantly attributed to their commercial or independent professional activity.
2.2. Objective of the DA Agreement
In accordance with Section 2.3 of these GTU, a Data Delivery and Use Agreement is concluded between the SLUB and the DA ("DA Agreement"), which governs the use of the data provider service offered by the SLUB in accordance with these GTU.
2.3. Conclusion of the DA Agreement
(1) The SLUB concludes a DA Agreement with each DA in accordance with this Section 2.3. The conclusion of the DA Agreement, the use of a DA Account or the provision of content on the Platform does not constitute a contractual relationship between the SLUB and the DA for a fee. The use of the Platform and the use and provision of content is free of charge.
The DA Agreement is concluded for both contracting parties when the user as a potential DA
- (a) has provided the required registration details. This includes contact details (first name, surname, Organisation, professional address, email address, telephone number). Information on expertise and position/function in the Organisation is optional,
- (b) has provided sufficient evidence that he is authorised to open the DA Account as an administrative contact or representative of an Organisation, or is a member, affiliate or employee of an Organisation,
- (c) has submitted the declaration of data processing authorisation by ticking the respective box,
- (d) has provided and confirmed a user name and a sufficient password for the new DA Account,
- (e) has clicked on the button "I agree to the conclusion of the data supply and usage agreement",
and - (f) has ticked the box "I have read and agree to the General Terms of Use".
The proof according to lit. (b) of this Section 2.3 must also be provided if the DA states that he is a member, affiliate or employee of further Organisations.
(2) For reasons of documentation and better transparency, the potential DA will receive a confirmation e-mail with these GTU attached a few minutes after clicking on the consent button if the system is running smoothly. This e-mail also contains the SLUB's declaration that it accepts the offer to conclude a DA Agreement on the basis of these GTU as well as a link that can be used to activate the DA Account of the new DA on the Platform (double opt-in).
2.4. Account Usage and Passwords
(1) The SLUB provides the DA with the DA Account on the Platform, which the DA can use after registration and conclusion of the DA Agreement.
(2) The DA undertakes to keep access safeguards, such as passwords and equivalent solutions, secret and not to pass them on to unauthorised third parties without the prior written consent of the SLUB.
(3) The DA has the option of using his DA Account to provide information about his Organisation and new content for integration into the Platform in accordance with Section 2.7 of these GTU, as well as to update, edit, change, supplement or archive content already available on the Platform in accordance with Section 2.7 (4) of these GTU using the account tools provided by the SLUB. Other options for data provision by the DA are generally not considered and require a separate agreement in exceptional cases.
(4) With the DA's consent, the SLUB is entitled to save the DA's activities on the Platform (e.g. search queries entered or explicitly saved, material descriptions viewed, bookmarks created) and to (automatically) create a data structure and personalise the DA's research interface.
2.5. Termination and Deletion of the DA Account
(1) The DA may terminate the DA Agreement at any time, either in writing or by deleting the DA Account. Organisations cannot be deleted by the DA. In the event of termination in writing, the SLUB will delete the DA Account within four (4) weeks of receipt of the termination.
The SLUB may terminate the DA Agreement in writing at any time with a notice period of four (4) weeks. The DA Account will be deleted at the end of the notice period.
The right to extraordinary termination remains unaffected. In the event of extraordinary termination, the DA Account affected by the termination will be deleted immediately.
(2) The termination of the DA Agreement and the deletion of the DA Account does not result in a deletion of the Provided Content (Section 2.7 (1) of these GTU; including earlier versions). These are provided to the SLUB on a temporary basis (apart from cases under Section 2.8.3 (5) of these GTU); in the event of termination and deletion of the DA Account, the Provided Content will be marked as "archived".
2.6. Contact Details
(1) The DA can use the DA Account to enter personal contact details and a brief description of his Organisation. The DA can later change, add to or delete (with the exception of those relating to the Organisation) these details.
(2) This information is stored in a separate database. They remain stored on the servers of the SLUB and are reproduced on the Platform until a change, a complete or partial deletion or a termination of the DA Agreement and/or a deletion of the DA Account takes place; a deletion of the Organisation can only be carried out by the SLUB.
(3) The SLUB is authorised to store and publish the DA's contact details in connection with the DA's Provided Content, even after termination of the DA Agreement.
2.7. Provision of Content
(1) The DA can provide information about materials and their use, in particular, but not limited to, data, texts, characteristics, tables, diagrams, links, logos and other images (both movable and immovable), via his DA Account so that they can be made available to third parties by the SLUB via the Platform ("Provided Content"). Provided Content can also be provided by transferring it from a third party's web application; the SLUB will provide a corresponding interface (so-called REST API) in this respect. The use of techniques such as "embedded content" or "framings" is not permitted.
With the provision of the Provided Content, the relevant Provided Content is assigned to the DA's Organisation; in the event that the DA is or was a member, affiliate or employee of several Organisations, the DA selects the Organisation to which the Pro-vided Content is to be assigned. The assignment is maintained even if the DA in question leaves or changes the Organisation or the DA Agreement is terminated and the DA Account is deleted.
(2) The SLUB will review the Provided Content of the DA and, if deemed necessary by the SLUB, revise it editorially and in terms of content; however, the SLUB is not obliged to do so. The SLUB shall, without being obliged to do so, in particular transform the DA’s Provided Content into a standardised format/schema specified by the SLUB, index them, standardise units of measurement and terminology, add material numbers, merge or split cells in tabular data, add synonyms to the material descriptions and make other corrections to the content and editing, including the correction of spelling and typing errors. The DA hereby gives his consent to the corresponding editing of the DA’s Provided Content. It is at the discretion of the SLUB whether the DA's approval is obtained after the editing has been completed; the SLUB is not obliged to do so.
The SLUB is also authorised to assign a so-called persistent identifier, i.e. a unique and permanent identifier that makes it possible to reliably locate the Provided Content in question in the long term, for each of the DA’s Provided Content.
After completion of the editing process, the SLUB will store and publish the DA's Provided Content on the Platform's index server, making it accessible to third parties.
(3) Without prejudice to the rights of the SLUB pursuant to Section 2.8.3 of these GTU, the DA is authorised to use his Provided Content independently and to grant third parties rights thereto if and to the extent that these do not conflict with the rights of the SLUB.
(4) The DA is authorised to edit and change, in particular to update and archive his Provided Content using the account tools provided by the SLUB. This also applies if the DA changes and/or leaves the Organization to which a Provided Content is assigned after it has been provided. A deletion of the DA's Provided Content by the DA is not possible.
If the DA is a member, affiliate or employee of an Organisation and other DA who are also members, affiliates or employees of the respective Organisation have consented to editing by other members, affiliates or employees of their Organisation, the DA may also edit and change, in particular update, the Provided Content of these other DA. The right to edit Provided Content by other DA of the respective Organisation remains in force even if the DA who provided the Provided Content changes or leaves the respective Organisation or the DA Agreement is terminated and the DA Account is deleted.
(5) The review and revision process under this Section 2.7 is carried out after each editing of the Provided Content. Upon completion, a new version of his Provided Content shall be published, whereby earlier versions shall be retrievable via a version history and shall continue to be accessible to Platform Users; the SLUB is not subject to any obligations in this respect. The DA already gives his consent in this respect.
2.8. Rights
2.8.1. Authorisation of Use
The DA warrants that he is capable and authorised under the laws of the country in which the DA resides to agree to these GTU and to enter into the DA Agreement as the administrative contact or representative of the Organisation he has indicated or is a member, affiliate or employee of said Organisation.
2.8.2. Rights of Use of the DA
(1) After opening the DA Account and concluding the DA Agreement, the DA receives the non-exclusive, non-transferable, non-sublicensable right, limited in time to the term of the DA Agreement, to use the Platform and the Provided Content of other DA and the SLUB as well as the Aggregated Provided Content (Section 2.8.3 (1) of these GTU) as a DA. This right of use is limited to the legally compliant and contractual use of the Platform and the Provided Content and includes in particular
- (a) the acts specified in Section 2.7 above,
- (b) the downloading of detail pages and Aggregated Provided Content,
- (c) the citation of Provided Content from other DA and Aggregated Provided Content,
- (d) the comparison of or with Provided Content of other DA, in particular the creation and downloading of result lists and diagrams, as well as Aggregated Provided Content,
- (e) making requests to other DA.
Any use of platform content, including the Provided Content and Aggregated Provided Content, in whole or in part, which goes beyond the use permitted under the DA Agreement, in particular any distribution, exhibition and/or public communication, is not permitted without the express consent of the SLUB.
The DA can also use the Provided Content via an interface (so-called REST API), which enables the retrieval of material properties and licence information for the Provided Content.
Insofar as the SLUB and the DA who provided the Provided Content (Section 2.7 of these GTU) agreed on deviating terms of use or licence conditions and these are available to the DA who uses the Provided Content in accordance with this Section 2.8.2, these terms of use / licence conditions shall apply by way of derogation.
(2) The Platform is protected both as a collective work and in its individual parts by copyright and other laws and treaties. By entering into the DA Agreement, the DA agrees to comply with all applicable copyright and other laws and any additional copyright notices or restrictions contained on the Platform.
2.8.3. Rights of Use of the SLUB
(1) The DA hereby grants the SLUB the non-exclusive, transferable, sublicensable (through multiple tiers), free of charge, irrevocable rights of use and exploitation of his Provided Content at the time of provision, unlimited in time, space and content. This includes in particular, but not exclusively, the right to reproduce, publish, distribute, edit, modify, broadcast, reproduce in immaterial form, publicly communicate, make publicly accessible and use the DA's Provided Content in any other way possible now or in the future (regardless of whether already known or unknown at the present time), in whole or in part, including for the purposes of text and data mining. The SLUB is further authorised to merge, combine or amalgamate the DA's Provided Content in whole or in part with content provided by a third party or the SLUB on the Platform ("Aggregated Provided Content") and to use and exploit the Aggregated Provided Content in the same way as the Provided Content.
This also applies if the DA's Provided Content is not protected by copyright in individual cases.
(2) The right to edit and modify the DA's Provided Content includes in particular, but is not limited to, the right to, without the DA's express consent, act in accordance with Section 2.7 of these GTU and to translate the DA's Provided Content (including by automated means, for example with the help of open source software or a corresponding interface (so-called REST API)), provided that this does not distort the DA's Provided Content in individual cases and is reasonable taking into account the interests of the copyright holder and the owner. The SLUB is also authorised to use and exploit the results of such editing or processing in the same way as the DA’s Provided Content.
The DA hereby expressly agrees that edits made by the SLUB to the DA's Provided Content do not have to be labelled on the Platform.
(3) The SLUB is also authorised to allow other Platform Users to use the Provided Content in accordance with Section 2.8.2 and 3.6.2 of these GTU. The SLUB is authorised to permit use of the DA's Provided Content by Platform Users in accordance with Section 2.8.2 and 3.6.2 of these GTU by providing a corresponding interface (so-called REST-API).
(4) The SLUB is authorised to make use of the rights granted to it under this Section 2.8.3 or to have them exercised in whole or in part by third parties, to transfer them to third parties and to grant sub-licences. The SLUB is under no obligation to use or exploitation. In particular, the SLUB is authorised to permit third parties to reproduce the DA's Provided Content.
(5) The SLUB is authorised at any time to delete the DA's Provided Content or to mark it as "archived" at its own discretion, for example if it turns out that it is incorrect, infringes the rights of third parties or is out of date or no longer being updated.
2.9. Declarations of the DA and Indemnification
(1) The DA declares and assures with the provision of his Provided Content that
- (a) his Provided Content is correct and up-to-date and is continuously updated by him for the term of the DA Agreement,
- (b) his Provided Content does not violate applicable law,
- (c) he owns the rights to his Provided Content,
- (d) he is authorised to grant the corresponding rights to his Provided Content to the SLUB and the SLUB acquires all granted rights and authorisations in full,
- (e) his Provided Content is free from third party rights and other encumbrances that could affect the use of his Provided Content by the SLUB and on the Platform and/or could lead to claims against the SLUB,
- (f) his Provided Content does not contain trade secrets or other confidential information, in particular of third parties,
- (g) the authors involved in his Provided Content have not asserted their moral rights and will not assert their moral rights to the extent permitted by law; this does not apply if there is a distortion of a copyright-protected work,
and - (h) the information used for registration is accurate and complete and no pseudonyms are used.
This also applies to references to third-party works and content, including links, contained in his Provided Content, including references to sources.
(2) The DA shall indemnify the SLUB against all claims by third parties that may be asserted against the SLUB on the basis of the DA's Provided Content, including the source references and links contained therein, insofar as the DA is responsible for the infringement of the rights in question. The DA must notify the SLUB immediately of any infringements of the contractual rights of which he becomes aware. The indemnification also includes the reasonable costs of legal defence; the SLUB is free in its legal representation.
(3) Section 4.2 (5) of these GTU applies.
2.10. Proof of Reference
The SLUB has the right, without at the same time being obliged, to name the DA as the person responsible for the content in connection with the Provided Content and to provide his contact details. In this context, the SLUB may in particular use the name of the DA and the trademark and other labelling rights deposited by the DA during registration; the DA hereby grants the SLUB a corresponding simple right of use.
2.11. Rights to Databases on the Platform
The DA does not acquire any rights to the databases created or used by the SLUB for the Platform through the DA Agreement. This also applies if these databases are created in whole or in part from the DA's Provided Content. This does not apply to the use of Aggregated Provided Content.
2.12. Personal Data
By concluding the DA Agreement, the SLUB and the DA undertake to use all personal data obtained via the Platform only in accordance with the GDPR. In particular, the contracting parties undertake to use such personal data only for the purpose for which the data was sent or otherwise accessed by a contracting party or a third party.
2.13. Deletions and Blocking
(1) The SLUB may in particular take the following measures if there are concrete indications that the DA is violating legal provisions, the rights of third parties or the DA Agreement including these GTU or if the SLUB has any other legitimate interest:
- (a) temporarily or permanently block the DA's Provided Content;
- (b) temporarily or permanently block the DA Account of the DA;
- (c) terminate the DA Agreement without notice or with a notice period of two weeks.
(2) When selecting the aforementioned measures, the SLUB shall take into account the legitimate interests of the person concerned, insofar as these are recognisable to the SLUB. The SLUB may exclude the DA from using the Platform by temporarily or permanently blocking the DA Account if the DA repeatedly or particularly seriously violates the DA Agreement, including these GTU, or for any other good cause. The final blocking shall be immediately followed by the termination of the DA Agreement.
Part 3 Special Terms of Use for DR
3.1. DR
(1) DR is anyone who uses the Platform as an Organisation, as a member, affiliate or employee of an Organisation or for private purposes for research or information purposes.
(2) The DA is free to create a user account as a DR ("DR Account").
3.2. Objective of the DR Agreement
In accordance with Section 3.3 of these GTU, a Data Usage Agreement is concluded between the SLUB and the DR ("DR Agreement"), which governs the use of the Platform by users who use the portal for research purposes in accordance with these GTU.
3.3. Conclusion of the DR Agreement and Termination
The DR Agreement is concluded by registering a DR Account or by using the Platform without registering and with the DR's consent to these GTU. The conclusion of the DR Agreement and, if applicable, the use of a DR Account does not constitute a contractual relationship between the SLUB and the DR for a fee. The use of the Platform and the content provided is free of charge.
3.3.1. With Registration
(1) In the case of registration as a DR ("Registered DR"), the DR Agreement is concluded for both contracting parties if the user as a potential Registered DR
- (a) has provided the required registration details. This includes the contact details (first name, surname, e-mail address, professional address). Optional information for customising the user interface to the needs of the potential Registered DR (e.g. domain affiliation and material preference),
- (b) has provided and confirmed a user name and a sufficient password for the new DR Account,
- (c) has clicked the button "I agree to the conclusion of the data usage agreement",
and - (d) has ticked the box "I have read and agree to the General Terms of Use".
(2) For reasons of documentation and better transparency, the potential Registered DR will receive a confirmation e-mail with these GTU attached a few minutes after clicking the consent button if the system is running smoothly. This e-mail also contains the SLUB's declaration that it accepts the offer to conclude a DR Agreement on the basis of these GTU as well as a link that can be used to activate the DR Account of the new Registered DR on the Platform (double opt-in).
(3) The Registered DR can terminate the DR Agreement at any time, either in writing or by deleting his DR Account. Organisations cannot be deleted by the Registered DR. In the event of termination in writing, the SLUB will delete the DR Account within four (4) weeks of receipt of the termination.
The SLUB may terminate the DR Agreement in writing at any time with a notice period of four (4) weeks. The DR Account will be terminated at the end of the notice period.
The right to extraordinary termination remains unaffected. In the event of extraordinary termination, the DR Account affected by the termination will be deleted immediately.
3.3.2. Without Registration
(1) In the case of use as a DR without registration ("Non-Registered DR"), the DR Agreement is concluded for both contracting parties if the user, as a potential Non-Registered DR, accepts the statement "I have read and agree to the General Terms of Use" by clicking on the "OK" button when using the Platform's search function for the first time.
(2) The DR Agreement with a Non-Registered DR ends three (3) months after the conclusion of the agreement (Section 3.3.2 (2) of these GTU). If the SLUB publishes a new version of these GTU before the expiry of these three (3) months, the DR Agreement with a Non-Registered DR shall end with the date the new version of these GTU comes into force; the SLUB will inform the Non-registered DR of this at least 14 days before the new version of these GTU comes into force.
3.4. DR Account
(1) The SLUB provides the Registered DR with the DR Account on the Platform, which the Registered DR can use after registration and conclusion of the DR Agreement. The Registered DR undertakes to keep access safeguards, such as passwords and equivalent solutions, secret and not to disclose them to unauthorised third parties without the prior written consent of the SLUB.
(2) The Registered DR can store personal contact details via the DR Account. If the Registered DR is a member, affiliate or employee of an Organisation, the Registered DR has the option of providing information about his Organisation via his DR Account. The Registered DR can later change, add to or delete (with the exception of information relating to the Organisation) this information.
(3) The information pursuant to section 3.4 (2) of these GTU are stored in a separate database. They remain stored on the servers of the SLUB and are published on the Platform until a change, a complete or partial deletion or a termination of the DR Agreement and/or a deletion of the DR Account takes place; a deletion of the Organisation can only be carried out by the SLUB.
(4) The SLUB may in particular take the following measures if there are concrete indications that a Registered DR violates statutory provisions, the rights of third parties or the DA Agreement including these GTU or if the SLUB has any other legitimate interest:
- (a) temporarily or permanently block the DR Account of the Registered DR;
- (b) terminate the DR Agreement without notice or with a notice period of two weeks.
When selecting the aforementioned measures, the SLUB takes into account the legitimate interests of the person concerned, insofar as these are recognisable to the SLUB. The SLUB may exclude a Registered DR from using the Platform by temporarily or permanently blocking the DR Account if the DR repeatedly or particularly seriously violates the DR Agreement, including these GTU, or for any other good cause. The final blocking shall be immediately followed by the termination of the DR Agreement.
(5) With the consent of the Registered DR, the SLUB is entitled to save the activities of the Registered DR on the Platform (e.g. search queries entered or explicitly saved, material descriptions viewed, bookmarks created) and to (automatically) create a data structure and personalise the research interface of the Registered DR.
3.5. Declarations of the DR
The DR declares and assures that, should he receive or gain access to personal data from third parties, he will use this data exclusively in accordance with the applicable data protection law and the DR Agreement, including these GTU, and will not use this data for any purpose other than that for which he was provided with the data.
3.6. Rights
3.6.1. Authorisation of Use
The DR warrants that he is of legal age, i.e. 18 years of age or older, or is competent or authorised under the laws of the country in which the DR resides to consent to these GTU and to enter into the DR Agreement.
3.6.2. Rights of Use of the DR
(1) Upon conclusion of the DR Agreement, the DR receives the non-exclusive, non-trans-ferable, non-sublicensable right, limited in time to the term of the DR Agreement, to use the Platform and the Provided Content of the DA and the SLUB as well as the Aggregated Provided Content as DR. This use is limited to a legally compliant and contractual use of the Platform and includes in particular
- (a) the downloading of detail pages and Aggregated Provided Content,
- (b) the citation of Provided Content and Aggregated Provided Content,
- (c) comparing the Provided Content, in particular creating and downloading lists of results and diagrams,
- (d) making enquiries to DA.
Any use of portal content, including the Provided Content and Aggregated Provided Content, in whole or in part, which goes beyond the use permitted under the DR Agreement, in particular any distribution, exhibition, public reproduction and/or editing, is not permitted without the express consent of the SLUB.
The use of Provided Content by the Registered DR can also take place via an interface (so-called REST-API), which enables the retrieval of material properties and licence information on the Provided Content.
Insofar as the SLUB and the DA who provided the Provided Content (Section 2.7 of these GTU) agreed on different terms of use or licence conditions and these are available to the DR who uses the Provided Content in accordance with this Section 3.6.2, these terms of use / licence conditions shall apply by way of derogation.
(2) The Platform is protected both as a collective work and in its individual parts by copyright and other laws and treaties. By entering into the DR Agreement, the DR agrees to observe and comply with all applicable copyright and other laws and any additional copyright notices or restrictions contained on the Platform.
3.7. Rights to Databases on the Platform
The DR does not acquire any rights to the databases created or used by the SLUB for the Platform through the DR Agreement. This does not apply to the use of Aggregated Provided Content.
3.8. Personal Data
By concluding the DA Agreement, the SLUB and the DA undertake to use all personal data obtained via the Platform only in accordance with the GDPR. In particular, the contracting parties undertake to use such personal data only for the purpose for which the data was sent or otherwise accessed by a contracting party or a third party.
Part 4 Common General Provisions for DA and DR
4.1. Supplementary Provisions on the Conclusion of the Agreement
If contractual relationships should arise between Platform Users in the course of communication, these shall apply exclusively between the Platform Users involved. The SLUB is neither a representative nor does it itself become a party to the agreement without expressly declaring this in writing to the Platform Users concerned.
4.2. Responsibility and Liability of the SLUB
(1) The Provided Content, including references and links contained therein, is third-party content for the SLUB, which it does not adopt as its own. They are expressly labelled as third-party content by the SLUB on the Platform. In order to enable comprehensive research and comparability of the materials, it is necessary to edit the Provided Content in accordance with Section 2.7 of these GTU. Despite the greatest reasonable care, errors may occur during this editing process. Platform Users are therefore expressly advised that they may not make any decisions regarding the use or acquisition of material on the basis of the Provided Content. Rather, Platform Users are required to contact the DA concerned directly before making such a decision in order to verify the correctness of the Provided Content.
The SLUB will provide the DA with a suggested wording that the DA can use to agree a disclaimer or limitation of liability with the other Platform Users. The use of this suggested wording by the DA is at the DA's own risk; the SLUB does not assume any guarantees, warranties or other representations in connection with this suggested wording.
(2) Notwithstanding the provisions on termination of the DA Agreement and the DR Agreement, the SLUB expressly reserves the right to temporarily or permanently block Provided Content and Aggregated Provided Content affected by the infringement of third-party rights or the assertion of specific claims for injunctive relief or claims in the context of the infringement of third-party rights by taking such content offline and deleting it. The SLUB is not obliged to check the rights of third parties and their infringement. This obligation is the sole responsibility of the DA, as he may only provide content that is free of third-party rights or for which the DA acts as the authorised party in the case of existing third-party rights. The SLUB will inform the DA whose Provided Content becomes the subject of notices and claims from third parties due to the infringement of rights immediately upon receipt of such declarations by the SLUB and, if necessary, about a blocking and its scope as well as its expected duration.
(3) The SLUB makes no guarantees, warranties or other representations in connection with the Provided Content, the Aggregated Provided Content and the tools it pro-vides, including the Hardness Converter.
(4) In all cases of contractual and non-contractual liability, the liability of the SLUB is limited to intent and gross negligence. In the event of gross negligence, the SLUB shall only be liable in the event of a breach of a material contractual obligation and limited to the damage foreseeable and typically occurring at the time of conclusion of the agreement, excluding indirect damages and consequential damages (including loss of profits, consequential damages and futile expenses). This applies in particular in the case of liability on the part of the SLUB for content and references contained in the Provided Content, including any links.
(5) Liability on the part of the DA is limited in all cases of contractual and non-contractual liability, including breaches of Section 2.9 of these GTU, to intent and gross negligence.
(6) The limitations of liability contained in these GTU also apply in favour of the SLUB's vicarious agents.
(7) The limitations of liability contained in these GTU shall not apply to damages resulting from injury to life, limb or health and in the case of liability under the German Product Liability Act (Produkthaftungsgesetz).
4.3. Quality, Availability, Changes
(1) Due to the free-of-charge nature of the Platform's services, the SLUB does not guarantee any specific quality or availability of the Platform's services. Nevertheless, the SLUB endeavours to ensure high quality and continuous availability of the Platform. Platform Users have no claim in this respect.
(2) The SLUB neither promises nor guarantees a specific structure or process organisation of the Platform because the SLUB is interested in the continuous further development of the Platform in the interest of all Platform Users. Changes to the Platform, its processes and functions by the SLUB are possible and permissible at any time, even without prior notice of such measures. This applies in particular if changes to the Platform have to be made due to technological developments, market requirements or legal changes or if new services or functions are added. In these cases, the Platform User has the right to extraordinary termination if the changes are unreasonable.
(3) The SLUB undertakes reasonable business efforts to ensure trouble-free operation of the Platform. These efforts are limited to those services over which the SLUB has influence. Access to the Platform may be restricted in whole or in part, temporarily or permanently, due to maintenance work or capacity bottlenecks or other events. For other events, this applies in particular to those over which the SLUB has no influence.
4.4. Obligations of the Platform Users to Cooperate
(1) Activities that are likely to jeopardise, impair or unreasonably burden the operation of the Platform or its technical infrastructure are not permitted. This applies in particular to the automatic reading, blocking, modifying, overwriting and copying of data and other content when using the Platform, unless this is necessary for use in accordance with the agreement.
(2) The registration details, in particular the password, must be handled with care. These may not be disclosed to third parties or made available for use. This applies in particular to circumventing the registration that is actually required.
(3) It is not permitted to violate or even remove the anonymity of other Platform Users or to disclose information from messages from Platform Users in connection with the use of the Platform to third parties, unless prior consent has been given by the authorised parties.
4.5. Prohibition of Assignment
Rights or obligations arising from a DA Agreement and a DR Agreement may not be assigned to third parties without the prior written consent of the contracting parties involved. If the task of the Platform is transferred to another public body, this prohibition of assignment does not apply. Rather, the contractual agreements follow the task, unless it is terminated by the DA or the DR. The principle of the prohibition of assignment under Sentence 1 applies, which is only broken in the event of a transfer of competence in the area of the statutory distribution of tasks.
4.6. Changes to these GTU
(1) The SLUB reserves the right to amend or supplement these GTU at any time with effect for the future.
(2) The amendments or supplements shall become effective if the DA or the Registered DR has expressly agreed to the amendments or supplements in question, for example in writing, by e-mail or by corresponding confirmation in the DA Account or DR Account. If the DA or the Registered DR does not give his consent to the relevant amendment or supplement within six (6) weeks of receiving notification of the amendment or supplement, the SLUB shall be entitled to terminate the DA Agreement or the DR Agreement for cause.
(3) In the case of amendments and supplements that are necessary due to a change in the legal situation or supreme court rulings, consent shall be deemed to have been granted if the DA or the Registered DR does not object within six (6) weeks of receiving notification of the amendment or supplement. In the event of timely objection, the SLUB shall be entitled to terminate the DA Agreement or the DR Agreement for cause.
The SLUB will inform the DA and the Registered DR of these legal consequences and the right of objection as part of the notification of the amendment or supplement.
4.7. Final Provisions
4.7.1. Continued Validity
In the event of the termination of a DA Agreement or a DR Agreement and/or the deletion of a DA Account or a DR Account, regardless of the legal grounds, the provisions in Sections 1.2, 2.5 (2), 2.6, 2.7 (2), 2.7 (3), 2.7 (5), 2.8.1, 2.8.3, 2.9, 2.10, 2.11, 2.12, 2.13, 3.4 (3), 3.5, 3.6.1, 3.7, 3.8, and Part 4 remain unaffected.
4.7.2. Written Agreement
(1) The written form is agreed for the assertion of claims. Any change to this written form requirement must be made in writing. For notifications for which online forms are made available to Platform Users by the Platform, these must be used.
(2) The provisions of paragraph (1) may be amended by means of an individual agreement.
4.7.3. Contractual Language
The contractual language is German. These GTU are also provided in English for information purposes only, whereby the German version is legally binding and takes precedence.
4.7.4. Partial Invalidity, Analogy and Supplementary Interpretation of the Agreement
If any provision of the DA Agreement, the DR Agreement or these GTU is found by a court to be invalid, the validity of the remaining provisions shall not be affected. The parties shall replace any invalid or unenforceable provision and replace any omission with a valid and enforceable provision that the parties would have agreed to in good faith if they had known of the invalid or unenforceable provision or omission at the time of entering into the agreement.
4.7.5. Applicable Law
The DA Agreement, the DR Agreement and these GTU, including all obligations, rights or claims of the parties arising out of or in connection with a DA Agreement, a DR Agreement or these GTU, shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the conflict of laws rules of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG).
4.7.6. Place of Jurisdiction
To the extent permitted by law, the exclusive place of jurisdiction is Dresden. Mandatory statutory provisions on the exclusive jurisdiction of certain courts remain unaffected by the above provisions.