I. Prelims

The present licence agreements apply to all digital services provided for use liable to costs by the company Spitta Verlag GmbH & Co. KG, Ammonitenstraße 1, 72336 Balingen, Germany – hereinafter called Spitta. This includes the images, illustrations, graphics, texts and other contents on this website – hereinafter called online products –, which are used exclusively by way of remote data transmission via the internet.

II. Conclusion of the contract / Access to online products

1. The contract for the transfer of use and enjoyment comes into existence when, having registered pursuant to § 2 of the General Terms and Conditions, the client orders an online product. With the conclusion of the contract, the client is granted the non-transferable and non-exclusive usufruct in the online products that are the subject of the contract. Usufruct is limited to the use detailed in section IV in particular. All usufructuary rights that have not been explicitly granted remain with Spitta or with the licensor as owner of the copyright and of proprietary rights.

2. The client’s access to the online products takes place under password protection via the internet by way of remote data transmission. The client must keep his access data and his password secret and must protect them from improper use by third parties. The client must inform Spitta immediately when he looses his access data or password or when he suspects a misuse of these data. In case of misuse, Spitta is entitled to block access to the online products. The client is liable for misuse he is responsible for.

III. Terms of payment

1. Payment is settled by advance payment, direct debit, invoice or via Paypal (an online payment service).

2. The client must not withhold payments unless he has a statutory right of retention.

IV. Copyright and usufruct

1. All copyright, usufruct and other proprietary rights in the online products remain with Spitta or with the owners of the rights.

2. Spitta grants the non-exclusive and non-transferable right of use and reproduction of the offered content. This does not include the transformation, cutting or other editing of the contents. The usufruct is valid worldwide but is restricted to the following modes of use and application:

Marketing, communication and advertising materials of a dental practice for the information of existing and / or potential patients, e.g. patient brochures, patient books, patient newsletters, patient newspaper, multimedia applications, presentations, promotion material (greeting cards, postcards, posters, forms), patient flyers, other advertising and information material for dental practices.

3. The free preview images do not grant a usufructuary right. They only serve as client information before the decision of purchase. As long as the usufructuary rights in the online products have not been acquired, all further use shall be strictly prohibited.

4. The client shall undertake to use the online products for his own purposes only and not to grant third parties separate access to the online products, neither free of charge nor against payment. All images, illustrations, graphics and other contents must not be hired out, sold, given away, leased, sublicensed or passed on in any other way. The client must take all necessary steps to prevent third parties from copying, marketing or otherwise circulating the products.

5. It is prohibited for the client to change copyright notices, distinguishing features / trademarks and/ or ownership details on the online products.

V. Warranty / Liability

1. Spitta shall only be liable for damages caused by the use of online products in other software or in other data processing equipment belonging to the client if they are typically incurred, predictable damages and if the defect in the online products which caused the damages has been caused intentionally or with gross negligence by an authorized representative or a vicarious agent. In case of contracts with juridical persons, special funds under public law or merchants – for the latter only if the contract belongs to the operation of their trade – liability for gross negligence of vicarious agents is also excluded in addition to the limitation of liability of the previous sentence, unless it is the fault of leading vicarious agents or if primary contractual obligations have been violated. Legal claims to remedying of defects or subsequent supply – but not to compensatory damages – are unaffected by the previous provisions. Further claims of the client, because of lost profit or consequential losses in particular, are excluded.

2. In order to safeguard his system, the client must save data in intervals appropriate to usage. In case of data loss that is in Spitta’s responsibility, liability concerns only the typically necessary cost for restoration.

VI. Final provisions

1. For both parties, the place of jurisdiction and the place of performance shall be Balingen only. For international deliveries too, the contractual relationship shall be subject to German law.

2. If a provision in the present terms and conditions should be or become void, the other provisions shall remain unaffected.

3. Complaints should be sent to the following address:

Spitta Verlag GmbH & Co. KG
Ammonitenstraße 1
72336 Balingen
Germany

Fon: + 49 7433 952-0
Fax: + 49 7433 952-111
E-Mail: kundencenter@spitta.de