TERMS AND CONDITIONS
FOR THE zbMATH Open API SERVICE OF FIZ
KARLSRUHE – LEIBNIZ-INSTITUT FÜR INFORMATIONSINFRASTRUKTUR GMBH
[June 2021]
1.
Service of FIZ Karlsruhe
FIZ Karlsruhe
provides a zbMATH Open Application Programming Interface Service (“zbMATH Open
API Service”) for its Users (hereinafter “User/s”). FIZ Karlsruhe grants Users the
right to use the zbMATH Open API Service to develop and test software
applications (hereinafter "Applications") and to integrate the API
into their Application subject to Copyright and Use Restrictions (see Section 2)
as well as subject to other Terms and Conditions for the use of the zbMATH Open
API Service. The User can access the zbMATH Open API Service after the User has
agreed to this terms and conditions. The API does not contain the complete
content of zbMATH Open but only FIZ Karlsruhe’s own data and data authorized by
the publishers. The datasets usually contain the bibliographic data, DOI, reviews,
author profiles, classifications and, in some cases, abstracts. The zbMATH Open
API Service supports the search, display, download and analysis of zbMATH Open content
provided by FIZ Karlsruhe.
2.
Copyright and Use Restrictions
(1) The zbMATH Open API
Service, its content, including user documentation and the underlying database,
is protected by copyright, ancillary copyright and other rights as well as
licensing terms and conditions. All rights are held by FIZ Karlsruhe and/or the
respective publisher. The User must
ensure to follow any applicable license conditions referred to in the entries
and that the copyright notice, trademarks, trade names, markings or notices
affixed to, or contained in, the licensed data are not removed or altered and are
included in any extraction of data from this database. The User agrees to
follow industry-standard best practices for traffic control including, but not
limited to, keeping the number of HTTP requests per second to a reasonable
rate.
(2) All data are
allowed to be used under a CC-BY-SA license.
The User must also ensure that their Application works together with the
provided zbMATH Open API Service in a secure manner. In case of an incident, the
User must promptly inform FIZ Karlsruhe and cooperate in the defence of
tortious acts or to remedy any security deficiencies.
3.
Confidentiality and Data Protection
(1) The User must
comply with all applicable data protection laws and regulations.
(2) FIZ Karlsruhe will
make appropriate efforts to ensure that information provided by the User to FIZ
Karlsruhe, and the
content of the User’s online searches, will be treated in strict confidence.
However, the security of data transmission and data linkage between FIZ
Karlsruhe and the User via a network are exclusively the User’s responsibility.
(3) The User’s personal data are
exclusively used for the purposes of the performance of this agreement: for User
liaison and support as well as for the provision of telephone advice on how to
use the zbMATH Open API Service, and for improving the product. Within the
scope of its contractual obligations, FIZ Karlsruhe shall be entitled to store
and process the User’s personal data in electronic form. Additional
information can be found at: https://zbmath.org/privacy-policy/.
4.
Warranty and Liability
(1)
FIZ Karlsruhe provides
the zbMATH Open API Service, including the downloadable content, on an "as
is" basis, without warranties of any kind, either express or implied,
including but not limited to completeness, accuracy and timeliness and any
other warranties of merchantability or fitness for a particular purpose. In case
the zbMATH Open API
Service is heavily loaded, the zbMATH Open API Service may be
temporarily interrupted and the use has to be retried. This mechanism might also apply and
delay requests during database updates or other short outages. FIZ Karlsruhe
reserves the right to temporarily or permanently rate-limit or block User's
access to the zbMATH Open API Service in case the industry-standard best
practices for traffic control as outlined in Section 2, subsection 1 are not
observed.
(2) The zbMATH Open API Service may contain links to
third party websites, for which FIZ Karlsruhe cannot be held responsible.
(3)
FIZ Karlsruhe
will only be liable for damage caused by wilful intent or gross negligence
attributable to FIZ Karlsruhe, its legal representatives or persons employed in
performing its obligations, except for damages resulting from breach of
essential obligations of the contract. In such cases, FIZ Karlsruhe’s liability
is limited to damages caused as a typical and foreseeable consequence of the
breach of contract. Liability for damages to life, body and health as well as
liability according to the Product Liability Act remain unaffected. FIZ
Karlsruhe will not assume any warranty or liability for damages caused by force
majeure.
(3) FIZ
Karlsruhe is not liable for damage incurred by the User as a consequence of
improper use of this zbMATH Open API Service, or loss, of the User’s access
authorization. In this regard, FIZ Karlsruhe warns, in particular, of the risks
involved in transmitting such information via the Internet as currently
available security technologies and procedures cannot guarantee absolute
security.
(4) The
information contained in the help texts concerning the content and
functionality of this zbMATH Open API Service is to illustrate examples of use.
The text is not to be viewed as providing a legally binding assurance of
certain characteristics of the zbMATH Open API Service.
5.
Duration and Termination of Agreement
(1) The zbMATH Open
API Service is provided by FIZ Karlsruhe on a voluntary basis and the License
Agreement for using the zbMATH Open API Service is concluded for one year. The
License Agreement will be prolonged automatically for another one year period,
unless the zbMATH Open API Service is cancelled by FIZ Karlsruhe.
(2) FIZ Karlsruhe shall be entitled
to terminate the agreement forthwith without notice if the User commits a
material breach of the agreement.
(3) When
termination becomes effective, the User’s access authorization(s) will be
blocked.
(4) After
termination of the agreement, the User shall continue to observe the copyright
terms pursuant to Section 2.
6.
Changes to the Terms and Conditions
(1) FIZ Karlsruhe
reserves the right to make changes to these Terms and Conditions. The User shall
be informed about such changes.
7.
Final Provisions
(1) The place of
performance is the headquarter of FIZ Karlsruhe, both for the User and for FIZ
Karlsruhe.
(2) Any User’s terms
and conditions are not applicable.
(3) In case of
disputes arising from this agreement, actions shall be brought before the court
of jurisdiction at Karlsruhe if the User is a merchant, a legal person under
public law, or a federal special fund under public law. This agreement shall in
all cases be governed by German law. The applicability of the United Nations Convention
on Contracts for the International Sale of Goods (CISG) is excluded.