Terms of use agreement for datasets by GfK

Explanation: These are data from GfK (Growth from Knowledge - Gesellschaft für Konsumforschung). They are licensed as follows:

Licence for use for scientific and non-commercial purposes only

By using the archived records and metadata provided on the platform, you accept the following licence terms and you agree to use the archived records following provision only under the terms governed by the licence. Metadata are provided with a CC0 1.0 Universal licence. Their use is not restricted.

§ 1 Licensing

(1) Under the terms of this licence, the Licensor grants a worldwide, perpetual, royalty-free, non-sublicensable, non-exclusive, irrevocable licence to use the archived records in whole or in part as often as desired solely for a specific scientific and non-commercial purpose, in particular to reproduce, publish, distribute, broadcast, archive, make accessible via a network, in particular via the Internet (§ 19a Austrian copyright act, UrhG), to edit, in particular to combine with other archived records and metadata and to make changes.

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

(3) By providing the archived records, the Licensee receives an offer from the Licensor to use the archived records under the terms of this licence. The Licensee accepts the Licensor’s offer by using the archived records.

(4) This licence does not constitute a permission to maintain or give the impression that there is a link to the Licensor or that the Licensee is sponsored, endorsed or officially recognised by the Licensor.

(5) When accessing the archived records, the Licensee must state the intended 'scientific purpose’. AUSSDA reserves the right to verify this purpose. If an examination reveals that the stated purpose is not a scientific one, the archived records must be recurred and their use does not have a legal basis.

§ 2 Other rights

(1) Moral rights, such as protection against distortion of a work, privacy rights or similar personal rights are not affected by this licence. 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 licence.

(3) The Licensor shall not receive any remuneration for the use of the licensed archived records and metadata to the greatest possible extent. This applies to any direct payment or any payment made through a collecting society operating under any voluntary or mandatory legal or compulsory licensing mechanism.

§ 3 Licence terms

(1) The licensed archived records shall be used exclusively for the scientific purposes communicated, qualified and recognised by AUSSDA in accordance with this licence. The use for any other than the purpose communicated to AUSSDA is not allowed.

(2) For any use of the licensed archived records, in whole or in part or the use of modified material or material based on the licensed archived records, a reference to the licensed archived records shall be made. The citation method specified by AUSSDA must be observed.

(3) If material modified by the Licensee is transferred to third parties, the licence chosen for this modified material shall not lead to the situation that the licence terms cannot be met when receiving these modified materials.

§ 4 Disclaimer of warranty and liability

(1) Unless the Licensor states otherwise, the Licensor offers the licensed archived records for further use and editing as far as possible. For the licensed archived records, no particular characteristics are assured, neither expressly nor implied or otherwise, and no warranties, including statutory warranties, are given. 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 damage arising from this licence or from the use of the licensed archived records and metadata, even if the possibility of such loss, costs, expenses 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 licence expire automatically if the terms of this licence are not met.

(2) If the right to use the licensed archived records has expired pursuant to item (1), it can be exercised again:

1.) automatically at the time as soon as the infringement is remedied, if this occurs within 30 days of notice of the breach; or

2.) by explicit reinstatement by the Licensor.

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

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

§ 6 Final provisions

(1) This licence is not intended to reduce, limit, restrict, or impose conditions for any use of the licensed archived records that is permitted without a licence and shall not be interpreted as such.

(2) If any provision of this licence is found to be unenforceable, this 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 licence are not waived. No breach of these terms shall be construed as accepted unless the Licensor has expressly agreed to do so.

(4) Under no circumstances shall this licence forfeit any rights regarding the archived records granted to the Licensor by law or that can be construed in this regard.