TERMS AND CONDITIONS
FOR THE zbMATH Open API SERVICE OF FIZ KARLSRUHE – LEIBNIZ-INSTITUT FÜR INFORMATIONSINFRASTRUKTUR GMBH
<![if !supportLists]>1. <![endif]>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.
<![if !supportLists]>2. <![endif]>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.
<![if !supportLists]>3. <![endif]>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/.
<![if !supportLists]>4. <![endif]>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.
<![if !supportLists]>5. <![endif]>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.
<![if !supportLists]>6. <![endif]>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.
<![if !supportLists]>7. <![endif]>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.