Terms and conditions of use for beck- eLibrary.DIE FACHBIBLIOTHEK
These terms and conditions govern the rights and obligations of users and customers of beck- eLibrary.DIE FACHBIBLIOTHEK, and of the publisher VERLAG C.H.BECK (“the Publisher”). The Publisher grants the non-exclusive and non-transferrable right to use content of the platform beck- eLibrary.DIE FACHBIBLIOTHEK under the following conditions.
1. Usage rights for anybody
1.1 User interface
Access to the research tools of the eLibrary is free to anybody. Users have the right to:
- use all research tools on the platform;
- read and print out content that is freely available;
- register themselves as a user, and then send out information about content on the platform by means of the web-mail functionality.
The web-mail functionality must not be used to send out mass e-mails. It must also not be used to send out e-mails that do not refer to any specific content on this platform.
1.2 Open Access publications
Some content on the beck-eLibrary.DIE FACHBIBLIOTHEK, labeled as "Open Access publication", is accessible to anybody in full text. This content is subject to the Creative Commons-Licence BY-NC-ND 3.0, i.e. it may be downloaded, stored, printed and shared. If such content is forwarded to anybody, it has to be done with full citation – in particular including the following information:
- names of all authors;
- the publication of record: book title or journal and publication date;
- the "DOI-link", by which the contribution can be cited and looked up permanently on the internet. (The DOI link is a permanent link available for every publication. It has the format of e.g. http://dx.doi.org/10.15358/9783800651726).
An Open Access publication must not be printed or republished for commercial purposes without the publisher’s written agreement.
Open Access content must not be altered in any way.
2. Usage rights for individual and institutional customers
Individual and institutional customers may use full text content of the beck-eLibrary.DIE FACHBIBLIOTHEK in the following ways:
2.1 Rights of individual customers
VERLAG C.H.BECK offers individual customers the right to purchase access to journal content by subscription. Individual subscribers are entitled to:
- read acquired content on the screen;
- store single articles in the computer cache;
- store single articles permanently – to an extent congruent with individual academic work;
- print out single articles – to an extent congruent with individual academic work.
These rights belong exclusively to the respective individual customer and are not transferable.
2.2 Rights of institutional customers
Institutional subscribers and customers are entitled to provide access to the licensed publications for their patrons. Authorized users generally include:
- Members of faculty and university and library staff;
- Walk-in visitors of the library premises;
- Students currently enrolled at the university;
Alumni, i.e. previous students or faculty members, are not authorized users of an institution. If an institution indeed wishes to include alumni as authorized users, this can be arranged based on an individual agreement with the publisher. Please contact the publisher directly.
With respect to acquired content, authorized users are entitled to
- read content on screen;
- store single chapters and articles to the computer cache;
- store single chapters and articles permanently – to an extent congruent with individual academic work;
- print out single chapters and articles – to an extent congruent with individual academic work
- make single chapters and articles available in digital course reserves (§ 60a Abs.1 German Urheberrechtsgesetz);
- make single chapters and articles available in onsite reading terminals (§ 60e Abs. 4 German Urheberrechtsgesetz).
Concurrent usage of the same items by different users of the same institution is possible without limitation. Systematic downloading or printing of whole works, even if spread over multiple user sessions, is not permitted.
Usage on terminals (agreement according to § 60g Abs. 2 German Urheberrechtsgesetz)
Systematic downloading or printing of whole works, even if spread over multiple user sessions, is not permitted.
2.3 Administrative rights for institutional customers
Institutional customers appoint one or more administrators who will have specific rights. Administrators can download usage statistics and metadata (free of charge) and set specific parameters that modify the display of beck-eLibrary.DIE FACHBIBLIOTHEK within the institution. The publisher is entitled to amend these administrative rights at its discretion, however, a limitation of these administrative rights is possible only after allowing institutional customers reasonable time to comment on the proposed changes. Institutional customers are allowed to import all metadata provided through beck-eLibrary.DIE FACHBIBLIOTHEK into both their own catalogues as well as catalogues of affiliated institutions (e.g. consortia).
Individual and institutional customers are registered in a database to provide access to the platform. Users are authenticated as follows:
- Individual customers are authenticated by username and password.
- Institutional customers and their authorized users are authenticated by their registered IP address(es).
- Institutions may provide their authorized users with remote access using secure methods such as VPN (virtual private network) or EZproxy.
4. Integrity of publications on beck-eLibrary.DIE FACHBIBLIOTHEK
All publications on beck-eLibrary.DIE FACHBIBLIOTHEK are protected by German copyright laws. It is not allowed to change content in any way, except in those cases granted by § 62 German Urheberrechtsgesetz. In particular, it is not allowed to delete, to change or to suppress the following information:
- Authors' or editors' names,
- Copyright declarations or symbols,
- Logos, brand signs or other means of identification,
- Legal disclaimers or reservations.
5. Unauthorized usage of content
It is not allowed to disseminate beck-eLibrary.DIE FACHBIBLIOTHEK content in printed or electronic format – either offline or online. The only exception from this rule applies to "Open Access Publications" as defined in section 1.2 above. In particular, it is not allowed – also not for "Open Access Publications" – to disseminate copies of the content with commercial interests or implications.
6. Systematic downloads
It is not allowed to download repeatedly and systematically larger parts of the beck-eLibrary.DIE FACHBIBLIOTHEK. In particular, it is not allowed to establish an archive of the platform’s content in order to bypass access via the beck-eLibrary.DIE FACHBIBLIOTHEK. In case of a specific research project that requires systematic download or crawling through the beck-eLibrary.DIE FACHBIBLIOTHEK (“data mining”), the publisher will usually allow this as an exception and will support this technically. Please contact the publisher in writing with such requests.
7. Long-term preservation
7.1 Perpetual usage rights
The licensing model (sales model) includes perpetual access rights and access to the content via beck-eLibrary.DIE FACHBIBLIOTHEK. In case and once beck-eLibrary.DIE FACHBIBLIOTHEK should be no more available, or in case the Publisher can no longer host the publications on its platform, the Publisher will provide its customers with a physical copy of the licensed content.
7.2 Dark archive
Institutional customers may request the right to establish a "dark archive" also during normal performance of the eLibrary. Such dark archive is meant solely as an alternative access point for the acquired publications in case the Publisher is permanently unable to provide these publications via the beck-eLibrary.DIE FACHBIBLIOTHEK. Patrons' access to the dark archive during normal eLibrary performance is not allowed.
8. Interlibrary loan
Institutional customers may provide single articles of licensed publications or single minor parts (chapters) of licensed monographs by noncommercial interlibrary loan. The respective document has to be sent to the receiving library through a system (such as the “Ariel” system), which ensures that the document can be forwarded just once and in printed form to the receiving user, and cannot be used in any other way. Alternatively, a paper copy can be provided. In any case, interlibrary loan is permitted only for personal use or for scientific, educational or research purposes – it is not permitted for commercial uses or other uses that are not permitted by these terms and conditions.
9. Obligation to inform library patrons
Institutional customers are obliged to inform their patrons and users about these terms and conditions of use.
10. Accuracy of authentication details
Customers are obliged to keep up to date and accurate all pieces of information that are required for full execution of these terms, such as IP addresses, e-mail addresses and, if applicable, invoicing addresses, and to inform the Publisher immediately of all changes. If a customer does not follow this obligation – especially with respect to authentication details – the Publisher may block access to the eLibrary.
11. Securing access data and passwords
Customers are obliged to keep access details and passwords confidential, and to use reasonable measures to secure unauthorized access by third parties. In case of lost access details or passwords, the Publisher is to be informed immediately. In this case the Publisher retains the right to terminate access temporarily while new access details are issued.
12. Technical requirements
Access to the beck-eLibrary.DIE FACHBIBLIOTHEK is provided through the internet. The Publisher applies computers, servers and lines with appropriate capacity and bandwidth. The Publisher does not accept responsibility for data provision and transfer beyond its own technical infrastructure. In particular, no responsibility is accepted for lines into customer premises, system breakdowns due to force majeure, and/or computer equipment at customer premises. Routine system maintenance will be performed outside times of rush usage, if possible. The publisher cannot guarantee interruption-free access to the beck-eLibrary.DIE FACHBIBLIOTHEK. As long as availability of access does not fall below an average of 95% in any given month, temporary interruptions or limitations do no constitute insufficient performance.
12.2 Software required
In order to use beck-eLibrary.DIE FACHBIBLIOTHEK, standard, up-to-date web browser and PDF reader software is required. This software is not included in the license.
13. Data security In order to fulfill its contractual obligations, the Publisher has to store a limited amount of personal data in machine readable formats:
- First name,
- Family name,
- E-mail address,
- IP addresses, if required for authentication (see section 3 above).
All personal data elements are treated with strict confidentiality. They will not be passed on to third parties – except in cases where the Publisher is forced by law or by a decision of court – and only within the boundaries of the German Bundesdatenschutzgesetz.
14. Governing law and protective clause
These terms and conditions and any contracts based on them are governed by the law of the Federal Republic of Germany (excluding the Convention on Contracts for the International Sale of Goods and German private international law). Place of jurisdiction is München in Germany, if the customer is not a consumer according to German law. Should any of the provisions herein prove ineffective, this shall not affect the validity of the remaining terms and conditions.
15 March 2019
Contact for licensing requests
VERLAG C.H.BECK oHG
Phone: + 49 89 38189 947