License for use for scientific purposes only

By using the Archive materials and metadata provided on the platform, you accept the following license terms and you agree to use the Archive materials after their provision only under the terms governed by the license. Metadata are provided with a CC0 1.0 universal license. Their use is not restricted.

§ 1 Licensing

(1) Under the terms of this license, the Licensor grants a worldwide, temporally unlimited, royalty-free, non-sublicensable, non-exclusive, irrevocable license to use the Archive materials for a specific scientific purpose in whole or in part as often as desired, in particular to reproduce, publish, distribute, send, archive, provide to the public by wire or wireless, to edit, in particular, to combine them with other Archive materials and metadata and to make changes to them.

(2) The licensed Archive materials can be used in all known and future media and formats according to the license. Necessary technical modifications can therefore be made.

(3) By providing the Archive materials, the Licensee receives an offer from the Licensor to use the Archive materials under the terms of this license. The Licensee accepts the offer of the Licensor by using the Archive materials.

(4) This license does not constitute a permission to maintain or give the impression that there is a link to the Licensor or that she/he is sponsored, endorsed or officially recognized.

(5) When accessing the Archive materials, the Licensee must provide the intended “scientific purpose”. AUSSDA reserves the right to verify this purpose. If it turns out during an examination that the stated purpose is not scientific, the Archive materials must be recurred and there is no legal basis for their use.

§ 2 Other rights

(1) Moral rights, such as protection against a distortion of a work, privacy rights or similar personal rights are not affected by this license. Nevertheless, the Licensor waives these rights or their enforcement, as far as necessary and possible to exercise the transferred rights.

(2) Patent and trademark rights are not covered by this license.

(3) The Licensor waives any remuneration for the use of the licensed Archive materials and metadata to the greatest possible extent, either directly or through a collecting society under whatever voluntary or mandatory legal or compulsory licensing mechanism.

§ 3 License terms

(1) The licensed Archive materials shall be used exclusively for the scientific purposes communicated, qualified and recognized by AUSSDA in accordance with this license. The use for any other than the purpose communicated by AUSSDA is not allowed.

(2) For each form of use of the licensed Archive materials, in whole or in part or the use of modified material or material based on the licensed Archive materials, it shall always be referred to the licensed Archive materials. The citation method prescribed by AUSSDA must be observed.

(3) In case of transferring modified material, the license chosen therefore may not lead to the fact that this license cannot be met when receiving these modified materials.

§ 4 Disclaimer of warranty and liability 

(1) Unless the Licensor provides otherwise and as far as possible, the Licensor offers the licensed Archive materials for use and editing. With respect to the licensed Archive materials, no particular characteristics are promised, either expressly or implied or otherwise, and all warranties, including statutory warranties, are excluded. This includes, in particular, the absence of defect in title, marketability, suitability for a specific purpose, safeguarding third party rights, absence of (even hidden) material defects, correctness, and the presence or absence of misconceptions, regardless of whether they are known, unknown or identifiable.

(2) To the extent possible, the Licensor shall not be liable for any losses, costs, expenses or damages arising out of this license or the use of the licensed Archive materials and metadata, even if the possibility of such loss, cost, expense or damage has been brought to the attention of the Licensor.

(3) The disclaimer of warranty and liability shall be construed to be as close as possible to an absolute exclusion of liability and warranty.

§ 5 Term and termination

(1) The rights under this license expire automatically if the terms of this license are not met.

(2) If the right to use the licensed Archive materials has expired pursuant to (1), it revives as follows:

1st) automatically at the time when the infringement is remedied, if this occurs within 30 days from the knowledge of the breach; or

2nd) explicit reinstatement by the Licensor.

(3) This section does not limit the right of the Licensor to demand compensation for violation of this license.

(4) Sections 3-6 shall continue to apply even after the expiration of this license.

§ 6 Final provisions

(1) This license is not intended to reduce, limit, restrict, or impose conditions on any use of the licensed Archive materials that is permitted without a license and shall not be interpreted as such.

(2) If any provision of this license is found to be unenforceable, that provision shall be automatically adjusted to the minimum extent necessary to make it enforceable. Should any of the provisions not be adjustable, this will not change the enforceability of the remaining provisions.

(3) The terms of this license are not waived and no breach shall be construed as accepted unless the Licensor has expressly agreed to do so.

(4) Under no circumstances will this license invalidate any rights regarding the Archive materials granted to the Licensor by law or that can be construed in this regard.