General Terms of Business of GfK GeoMarketing GmbH (GfK GeoMarketing), Werner-von-Siemens-Str. 9, Building 6508 in 76646 Bruchsal, Germany
As of 2015-03-27
As licensor of software and data, GfK GeoMarketing transfers to the licensee the right of use apparent from the relevant agreement/purchase order/confirmation. In cases of doubt, only a non-exclusive right will ever be transferred.
If a purpose of use has been defined individually, use is permitted only for that purpose. If a computer program has been defined there for the data provided, with which the data are to be used, or where the data are licensed together with a computer program, use is permitted only with that program. Not permitted in that case is unintended reading of the raw data by that program in use as intended and circumvention of the protection against direct copying of the vector graphics shown.
In cases of doubt, the licence has the licence scope of a Single User INHOUSE LICENCE pursuant to §§ 2 and 6 of these licensing conditions.
Unless specified otherwise, or where the licence is identified as such for one user, the licence applies to one user, i.e. for use of the software resp. data on the workstation of one person. Workstation is one computer (PC) or terminal or one user environment (user account or account) segregated by the operating software of the respective computer. Where multiple users can regularly access a workstation when being used as intended, a licence is required for each user working with the program. This shall also apply if the users cannot work with the program simultaneously except in cases where one user is absent permanently or for several days and is replaced permanently or for that time by another user. If the licence is identified as a multiple licence or a licence for multiple users, use is limited to the established number of users. Any commercial forwarding, in particular the sale, rental, leasing of lending of the programs or documents, is prohibited. The same applies to any sub-licensing not in accordance with the terms & conditions of use.
By way of exception, the licensee shall be entitled within the context of a licence for one workstation to install a second installation on a mobile device/laptop, or to work on the workstation by remote access via a network, as long as that second installation or the remote access is available exclusively to that user within the meaning of § 2.
If the product is identified as an update or upgrade, it may be used only in combination with an existing licence. The update or upgrade licence represents only an extension of the existing licence and permits use only within its limits.
If not specified otherwise, the licence with regard to the software applies to use as intended, in particular creation of analog and digital materials supported by the software.
Not permitted without a separate licence is the automated processing of output from the software via its interfaces, and in particular for the purpose of reading the source data or generating dynamic graphics. Also not permitted is the unintended reading by the software when being used as intended of data, and in particular the reading of the geodata and statistical or other raw data, especially under circumvention of the protection against direct copying of the vector graphics presented. Any modification or decompilation of the software, and in particular removal of copyright notations, names, brands, marks or other forms of identification or corporate design elements typical to GfK GeoMarketing is prohibited.
This shall not affect the right to create interoperability of independently produced computer programs pursuant to § 69 e German Copyright Act (UrhG) and the right to test pursuant to § 69 d (3) UrhG.
The licensor must be informed of measures carried out to create the possibility of use as intended. To the extent it can reasonably be expected to do so, the licensee shall be obliged to take the measures then recommended by the licensor, including use of a patch or update made available by the licensor.
With respect to data provided, the licensee shall be entitled to edit the data within the context of §§ 2, 3 and the following provisions and use them and other proprietary data, texts or other content to create documents of its own. In direct connection with the maps generated using the map data of the licensor, those documents shall include the notation “Map data courtesy of GfK GeoMarketing” and in direct connection with maps, illustrations etc. generated with other data of the licensor the notation “Data courtesy of GfK GeoMarketing” to the extent that information is not already included in the graphics generated.
Modification or other use relevant to copyright law (in particular duplication, distribution, making available to the public) of the basic data outside normal use to create own documents, and in particular conversion of the licensed data into other formats and the removal of copyright notations, names, brands, marks or other forms of identification or corporate design elements typical to GfK GeoMarketing beyond the scope of the licences specified below is prohibited.
Also prohibited are,
If the licence acquired is identified as “Inhouse Licence” or unless otherwise agreed, the documents created pursuant to § 5 may only be duplicated for company-internal purposes and only made accessible internally. Any further distribution or making the documents created publically available, and in particular forwarding to third parties, commercial sales or publication in magazines, books or other forms as own work, requires a special licence.
Documents containing a significant portion of the data provided in terms of type and scope, may only be created, duplicated or made available via an internal network beyond the workstation in a form in which the reading of the licensed basic data of the graphics or presentations generated, and in particular of vector data, is impossible.
A Consultant licence can be acquired as a licence to be agreed with the licensor or in addition to an existing licence. Above and beyond the provisions of § 6 this allows the licensee to distribute documents created in fulfilment of a specific assignment (project) to the respective customers and to make them accessible to those customers of the licensee during an agreed period of use of the Consultant Licence. Unless agreed otherwise, the period of use of the Consultant Licence amounts to 12 months from the date of ordering. This applies to documents containing a significant portion of the licensed basic data (raw data) in terms of type and scope in a form in which the reading of the licensed basic data of the graphics or presentations generated, and in particular of vector data, is impossible.
The licensee’s customers may be granted the right to duplicate the documents for internal purposes or make them accessible, but not to prepare derivatives, further distribute the documents or make them publically available.
The licence certificate names the projects to which the licence relates or the number of them. If a licence key has not already been assigned to each project in the licence certificate, GfK GeoMarketing may demand that the licensee subsequently assigns a project to each licence key provided and upon submission of any document produced by it assigns it to the project concerned. Otherwise, the provisions of §§ 5 and 6 shall apply.
Within the scope agreed individually, the “PUBLISHING Licence” allows own documents created by the licensee using the licensed data to be published, distributed and made publically available.
If a Not-For-Resale resp. NFR Licence is acquired from GfK GeoMarketing, it is limited in time to the duration of the underlying contract or purpose. If provided free of charge, the licence is subject to the condition subsequent of revocation by GfK GeoMarketing being possible at any time. GfK GeoMarketing may revoke the licence in the sense of a right of use – thus in this case also where the underlying contract or purpose continues to exist. Any obligations ensuing from the underlying relationship to (again) grant the licence, desist from revocation or pay compensation for damages shall remain unaffected. The licensee undertakes to make use only as provided for in the underlying agreement resp. for the underlying purpose and, in cases of doubt, only for demonstration or sales purposes and to dispose of neither the licence nor the data media with the software or data acquired to third parties.
If a copy of the software or data is provided for testing or demonstration purposes, resp. as “Test/Demo-Version”, same is not associated with the granting of a right of use, but only acceptance of use for the purposes concerned for the agreed or a reasonable period, which can be revoked at any time.
Any use in an ASP or BI system requires a separate licence to be agreed individually.
ASP stands for “Application Service Provider”; this is a service provider that offers an application (e.g. an ERP system) for exchange of information via a public network (e.g. the Internet) or a private data network.
Business Intelligence (BI) means methods and processes for systematic analysis (collection, evaluation and presentation) of data in electronic form.
To the extent the licence relates to software/data stemming from third parties and included in the product, the provisions provided in the annex(es) apply in addition. If software or data delivered with the products from GfK GeoMarketing are subject to “Open Source” licences, these terms & conditions shall not apply to those software or data. Rather, the licensing conditions of the Open Source licence provided as an annex or given with the software/data shall apply. With Open Source, GfK GeoMarketing is the licensor only to the extent GfK GeoMarketing holds rights to the Open Source product. If third-party software or data are included in or delivered with a product licensed by GfK GeoMarketing, this is apparent by the labelling of the data medium, on the packaging and/or in the product description.
If use of the licence is agreed within the context of a subscription contract, the right of use shall be limited in time to the duration of that subscription. This shall not apply to the INHOUSE Licence, which remains valid indefinitely after the end of the subscription.
Any right to duplicate the software or data for provision to a third party, solely or in a package with own software, data or hardware may only be derived based upon an Integration or OEM licence as provided for in a separate licence certificate or a written licence agreement.
If a third party integrates or modifies the software or data into a derived product of its own, it may create effective licences to that product only based upon a separate production licence issued in writing by GfK GeoMarketing.
Within the context of the permitted use, the licensee shall be entitled to make the necessary copies.
This applies in particular also to a backup copy of the installation files and normal backups of the system on which the software is operated or the data processed, but not to availability on multiple computers for alternating use.
Upon termination or resale of the licence, and at the end of any tolerated use (Test/Demo Version), all copies remaining with the licensee must be deleted. In the case of not directly executable, integrated backups of the installed files (Images) this shall apply only in the case of the executable system being restored. The backup copies may only be made accessible internally to the extent necessary.
In this case, the licensee undertake to confirm deletion in writing to GfK GeoMarketing on request and, in cases where there are justified doubts concerning full deletion, furnish further evidence that the deletion in the aforementioned sense has taken place completely.
The licence granted may be subject to immediate termination for serious reasons. Serious reasons are, in particular, any grave violation of the limits of the right of use granted, any prohibited distribution or making available to the public of copies of the software or any other prohibited dissemination. All rights of use granted shall lapse in such cases.
If the licence is transferred, to the extent it was not granted by special agreement bound to a purpose or project, without the permission of GfK GeoMarketing within the area in which exhaustion of the copyright pursuant to § 69c (3) UrhG has occurred, it passes to the acquiring party as provided for by law,.
Specific agreements not to pass licences on or resell them remain unaffected. If any such agreement is breached, the transfer as mentioned above may be effective in terms of copyright law, but have negative consequences under contract law.
Renting software or data out always requires a special licence.
Note: This translation is for information purposes only. The German text as of March 27, 2015 shall prevail in the event of any discrepancy between this version and the original.