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DIN Media GmbH, Am DIN-Platz, Burggrafenstraße 6, 10787 Berlin (”DIN Media”) provides access to the Sponsored Standards in a digital format online via a website (“Viewer”) to you (“End User”) on the basis of the following Access Terms.

The Access Terms apply to the exclusion of all others. Deviating, contrary or supplementary general terms and conditions of the End User must only form part of this agreement if and to the extent that DIN Media has expressly given its written consent to their being applicable.

Any special agreements with the End User concluded in individual cases (including collateral agreements, supplementary agreements or modifications) have priority over these Access Terms. Provided there is no evidence to the contrary, a written contract or the written confirmation of DIN Media is decisive for the content of such agreements.

References to statutory regulations are for the purposes of clarification only, and are not (and cannot be) modified or excluded by these Access Terms.

With the exception of the provisions governing the scope of services (which may, where appropriate, be modified by specific provisions), DIN Media reserves the right to modify these Access Terms only if necessary for objective reasons (e.g. to adjust to changes in legal, organizational, or technical circumstances or for other equivalent reasons) and only if the changes are not an unreasonable disadvantage for the End User. The End User must be informed appropriately in writing (e-mail) at least one month in advance of such changes.

Rights to Use the Sponsored Standards

The End User acquires non-exclusive, non-sub-licensable, and non-transferable rights to access and read the Sponsored Standards online in digital form via the viewer for End User’s own purposes.

Every use which exceeds the use described above and which is not permitted by mandatory statutory regulations, requires the prior, separate, and express consent of DIN Media in writing. This applies in particular to the copying of the Sponsored Standards or their contents as well as the granting of means of access to the Sponsored Standards or their contents to a third party, the automated extraction of contents, the creation of systematic collections from the contents, the systematic processing of the Sponsored Standards, contents, or search results, the removal of references to copyright, the making and use of translations or other forms of processing, the making and use of reproductions of the Sponsored Standards. DIN Media reserves the right to reproduce for text and data mining according to § 44b UrhG. DIN Media is entitled to take technical measures to prevent unauthorized use. The End User is not permitted to use any means to overcome or circumvent these measures. In particular, End User may not use web crawlers, spider programs, meta search engines or comparable technologies that automatically retrieve content from the Sponsored Standards. In the event of improper use, without prejudice to DIN Media’s other remedies, DIN Media is entitled to immediately block access to the Sponsored Standards for End User.

Viewer and Product Adjustment

DIN Media undertakes to ensure that the yearly average availability of the Viewer is not less than 99%. Availability does not cover downtimes necessitated by routine maintenance or update work each Tuesday between 17:00 and 24:00 hours Central European Time. During the period in which the Viewer is available, DIN Media will maintain the connection between the server hosting the Viewer and the internet, so that, under normal circumstances, standard connection bandwidths and data transmission speeds are achieved. DIN Media is only responsible for the proper functioning of the server and the connection to the internet interface. It must be pointed out that DIN Media cannot guarantee trouble-free access to the internet outside its sphere of responsibility.

DIN Media reserves the right to make changes to the Viewer and/or the Sponsored Standards, particularly to restrict the scope of the service or to make it dependent on higher system requirements:

1. for the pre-emptive remedy of defects that may become known to DIN Media with respect to the product and that are independent of its use by the End User,
2. to improve the product’s customer-friendliness,
3. for licensing reasons,
4. provided the aim of the contract is not or only negligibly affected on the part of the End User,
5. to adapt it to technological progress.

DIN Media reserves the right to discontinue the Viewer and the access to the Sponsored Standards at any time, especially after the sponsor has terminated the funding.

Limitations of Liability

In the case of a breach of contractual and non-contractual obligations, DIN Media is liable in accordance with the statutory regulations, unless otherwise agreed upon in these Access Terms, including the subsequent provisions.

DIN Media shall be liable for damages – on whatever legal grounds – within the framework of liability in tort in cases of intent and gross negligence. In the case of ordinary negligence, DIN Media shall only be liable subject to a more lenient standard of liability according to the statutory regulations (e.g. standard of care in one’s own affairs)

• for any damage arising from the injury to life, body or health
• for any damage arising from the breach of a material contractual obligation (obligation the fulfilment of which enables the proper execution of the contract and on the fulfilment of which the contractual partner relies and may rely); in this case, however, DIN Media’s liability shall be limited to the compensation of the foreseeable, typically occurring damage.

DIN Media shall only be liable for the loss of End User data and their recovery to the extent that such loss could not have been avoided by appropriate data backup measures taken by the End User.

The limitations of liability according to the clauses above shall also apply for any breach of duty by or in favour of persons for whose fault DIN Media is responsible according to the statutory regulations. They shall not apply if DIN Media fraudulently concealed a defect or has assumed a guarantee for the quality of the services, as well as for claims of the End User according to the Produkthaftungsgesetz [German Product Liability Act].

Information on the Application of Standards

Anyone can implement DIN Standards. Whoever does so shall ensure that the standard is implemented correctly in that specific case. DIN Standards are only one of many sources of information on good technical practice under normal circumstances. They cannot cover all possible cases in which further measures or more restricted actions may be necessary. Nevertheless, they are benchmarks for good practice. The fact that a DIN Standard can only represent the state of technology prevalent at the time of its publication is also to be taken into consideration.

The application of a standard does not exempt users from the responsibility for their own actions. To this extent, all users act at their own risk. DIN, the German Institute for Standardization and all those involved in the preparation of DIN Standards are excluded from all liability.

Anyone who discovers an error or the possibility of an incorrect interpretation is hereby asked to contact DIN immediately so that any errors may be remedied.

Password and Access Data

The End User is obliged to respect the usual principles of data security when using the Viewer, e.g., to keep passwords and access data secret, not to disclose them to a third party, and to protect them from unauthorized access by a third party, and also, where necessary, to ensure that they are changed, as well as preventing abuse of their own systems by a third party. The End User shall immediately inform DIN Media if there are indications that the access data/passwords are known to an unauthorized third party.

If the Viewer is used with the End User’s credentials, the acts of use shall be attributed to the End User. An act of use is not attributed to the End User insofar as End User can prove that End User was not the originator of this act of use and that End User is not responsible for the abuse.

Choice of Law, Place of Jurisdiction and Consumer Arbitration Agency

For the purposes of these Access Terms and the contractual relationship between DIN Media and the End User, the law of the Federal Republic of Germany applies to the exclusion of international uniform law, in particular the United Nations Convention on Contracts for the International Sale of Goods. The statutory regulations on the restriction of the choice of law and the applicability of mandatory provisions, particularly those of the state in which the End User has his usual place of residence, remain unaffected.

If the End User is a business person within the meaning of the HGB [Handelsgesetzbuch (Commercial Code)], a legal entity under public law or is a special fund under public law, then any disputes - including international disputes - arising directly or indirectly from contractual agreements shall fall exclusively under the jurisdiction of the place at which DIN Media has its registered office in Berlin. The same applies if the End User is an entrepreneur within the meaning of § 14 BGB. DIN Media also reserves the right, however, to file a suit at the place of performance of the obligation according to these Access Terms or individually agreed terms (which have priority) or at the place of general jurisdiction of the End User. Statutory regulations that have higher priority, particularly in respect of exclusive competences, remain unaffected.

DIN Media does not take part in extrajudicial resolution proceedings carried out by consumer arbitration agencies.