Terms and Conditions for Subscription Products
Terms and Conditions for Subscription Products
1. Definition of a Subscription Product
The Subscription grants users access to either all of Rheinwerk Publishing’s online books (Full Subscription), or a subset of Rheinwerk Publishing’s online books (Specialist Subscription) via Rheinwerk Publishing’s library application and online reader (hereafter: Library).
“Online books” means that the Subscription does not grant users the possibility to download electronic versions of the books users need an active internet connection to access and read electronic versions of the books.
“Library Content” refers to the copyrighted content accessible in the Library under these terms.
For a Specialist Subscription, the relevant subset of online books is pre-determined by the online books listed in the relevant topic category on Rheinwerk Publishing’s website www.sap-press.com (Programming, Administration, Business Intelligence, Finance & Controlling, Logistics) at the time of commencement of the Subscription term.
Relevant online books published during the term of the Subscription will be added to the users’ libraries for the remaining term of the Subscription, at no additional costs. For a Full Subscription, “relevant” refers to every online book published during the term of the Subscription; for a Specialist Subscription “relevant” refers to books published in the respective topic category during the term of the Subscription.
2. Term and Termination
The Subscription term is 6 (six) or 12 (twelve) months. Subscriptions renew automatically if not terminated by Customer. Termination of a subscription becomes effective at the end of the then-current Subscription term. Any termination must be requested prior to the recurring ending date or no later than 14 days after the automatic renewal time. Upon notification of decision not to renew, Rheinwerk Publishing will allow Customer to access the Library Content until the most recently paid-up Subscription period ends, and then will terminate Customer’s access to Library Content. Rheinwerk Publishing does not offer pro-rated refunds for Subscriptions
3. Number of Users, User Accounts
Each Subscription has a defined number of named users. The number of users cannot be changed during the Subscription term. If the Customer desires to grant more users access to a Subscription, a separate Subscription will be set up for these users.
In order to get access to the subscribed books, all users must create personal user accounts on Rheinwerk Publishing’s website www.sap-press.com. The Customer will provide Rheinwerk Publishing a list with the user names and with the e-mail addresses under which the users have opened their personal accounts. Rheinwerk Publishing will then configure access to the subscribed online books for these users.
Any user-generated content, including but not limited to bookmarks, annotations, comments, library contents, library folders, etc. are tied to the user account under which it was created. This content cannot be transferred to other user accounts.
The permanent or temporary transfer of user account information for accessing the Library and the online books available in it is expressly prohibited. The Customer will make sure that the users who have been granted access to the Library under this Subscription adhere to this rule.
Should a user leave the Customer’s organization, or should the Customer wish to transfer the usage right for the Subscription from one user to another, the Customer will notify Rheinwerk Publishing in writing, including the former user’s and future user’s account names (e-mail addresses). Rheinwerk Publishing will then configure access for the new user.
Rheinwerk Publishing’s online books are protected by copyright. The Customer and all users who are granted access to the Library via a Subscription are to acknowledge and respect this copyright.
This Subscription does not transfer any property rights to the Customer. The Customer’s users receive the limited right for personal usage of an online book, which cannot be transferred.
Users are entitled to the personal use of the online books. They are allowed to print individual pages from the online books, but only for personal use. Transferring a printout to third parties is not allowed; neither in full nor in parts.
Making the user account information available for use by third parties is strictly prohibited.
Except for the specific conditions set forth above, the Subscription is subject to the following restrictions:
- No commercial or promotional use rights are granted in any Library Content;
- Customer may not sell, distribute, or display any Library Content;
- Customer may not share, lend, or rent copies of any Library Content
- Customer may not disable or circumvent DRM supplied with Library Content;
- Customer may not make copies of all or any portion of any Library Content
- Customer is prohibited from making any public display or public performance of Library Content, or sharing accounts that allow access to Library Content beyond those specified in this license.
Customer’s access to the Library is conditioned upon timely payment and maintenance of Customer’s Subscription fee; and Customer will not have access to Library Content if Customer’s Subscription is cancelled, allowed to lapse, or terminated for non-payment.
If the Publisher has good reason to believe that its online books are being used in a way prohibited by this Agreement, the Publisher reserves the rights (among others) to demand a changing of user passwords, to block access to the Library for individual users, to delete the associated user account, or to terminate this Agreement with immediate effect. In cases of termination due to the violation of these Terms, the Customer is not eligible for a refund.
6. System Requirements
7. System Availability, Updates of the Library Application
Rheinwerk Publishing guarantees a monthly availability of its Library application equal to or greater than 98.5%. The following incidents shall not be considered for purposes of the calculation of Availability:
- Circumstances beyond Rheinwerk Publishing’s reasonable control, including, but not limited to, acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, power outages, labor shortage or dispute, governmental act, or failure of the Internet;
- Failure of hardware, software or other equipment provided by the Customer or users that is used in connection with accessing the online books;
- Denial of services issued outside the direct control of Rheinwerk Publishing;
- Scheduled maintenance and upgrades;
- Circumstances that require shutting down the systems to guarantee the safety and/or functionalities of Rheinwerk Publishing’s servers, and in particular to avoid serious malfunctions of the software or damages to the saved data contained thereon.
Rheinwerk Publishing may, at its own discretion, enhance the Library application to implement necessary adaptations to technological developments.
8. Disclaimer of Warranties
The Customer and its users assume total responsibility and risk for their use of Rheinwerk Publishing’s website and Library application. The site and the Library application are provided "as is" without any warranties, representations or endorsements of any kind, either express or implied, including, and without limitation, any warranties of title, merchantability, fitness for a particular purpose or non-infringement, and any warranties that material, products and services of the site will be uninterrupted, timely, secure or error-free, that any of the foregoing is free of viruses and other harmful components, that defects in any of the foregoing will be corrected, that results obtained from use of the foregoing will be accurate or reliable, that the quality of any material, products, or services purchased or obtained through the site will meet the Customer’s or its users’ expectations. Rheinwerk Publishing shall not be liable for any cost or damage arising either directly or indirectly from the Customer’s use of the site or the Library application. Any material downloaded or otherwise obtained through the use of the site is done at the Customer’s and its users’ own discretion and risk, and the Customer and its users are solely responsible for any damage to their computer system or loss of data that results from the downloading of any such material.
9. Limitation of Liability
In no event will Rheinwerk Publishing or any of its directors, officers, employees or agents be liable under any contract, negligence, strict liability or other legal or equitable theory under these terms for any special, incidental, consequential, or indirect damages; loss of profits or business, interruption of business, lost or corrupted data, programs or information, and the like; cost of procurement of substitute software, material, goods or services; or claims attributable to interruptions, delays, errors, omissions or other inaccuracies of the site, Library application, and/or material downloaded through the site; even if Rheinwerk Publishing or its authorized representatives have been advised of the possibility of such damages.
Notwithstanding the above, Rheinwerk Publishing does not limit or exclude any liability the limitation or exclusion of which is prohibited by law. In such cases, liability of Rheinwerk Publishing is limited to the least extent required by law.
Version July 2016