1. Scope of Application and Limitations
1.1. The following general Terms and Conditions apply for individual Agreements on the use of recorded presentations and speeches from conferences organised by ATZlive, a brand of Springer Fachmedien Wiesbaden GmbH (“ATZlive”). The recorded content is made available as streaming video only.
1.2. The offer is directed at corporate clients (“Client”) only. The offer is valid for Clients or establishments of a Client located outside the EU or Switzerland only.
1.3. The individual Agreement includes the topic of the recorded audio-visual content (separately or collectively: “Video”), running time, technical format, time-limit for access, the site where the Video may be displayed and the price.
2. ATZlive’s Performance
2.1. ATZlive will grant Client online access to the videos selected by Client for the time-limit stated in the individual offer. ATZlive will communicate in time the URL where the Video can be accessed, a username and password.
2.2. Client may display the Video for an audience limited to its own employees present at the site named in the individual offer. ATZlive may use technical means like geolocation using the Clients IP address to verify the location from where the Video is accessed.
2.3. The Video can be streamed only, it cannot be downloaded and displayed offline. Client may access and display the Video once. Streaming of the Video may be paused and resumed at any time during the time-limit.
2.4. ATZlive will not grant access to any other content on the website where the Video is hosted.
3. Client’s Obligations
3.1. It is Client’s obligation to ensure the hardware and software necessary to access and display the Video, i.e. broadband internet connection, computer with a recent web browser , screen and audio equipment. . The browser needs the Adobe® Flash® Player plug-in.
3.2. Client may not assign its rights under the Agreement nor share the information communicated pursuant to Section 2. Client may not display the Video at other sites than named in the individual Agreement or for persons other than its own employees. Client may not broadcast nor record the video stream nor make any reproductions thereof in whatever form.
4. Payment
Payment of the price is due within 14 days after invoice by ATZlive.
5. Warranties and limitation of liability
5.1. ATZlive does not make any representations or warranties as to the availability of the Video.
5.2. In the event of technical issues under ATZlive’s control that could impair the use of the Video pursuant to this Agreement, ATZlive will immediately inform Client.
5.3. In the event that Client cannot display the Video at a scheduled time and date and is forced to schedule a new time and date, ATZlive will extend the agreed time-limit or grant an extra time-limit after consultation with Client, taking into consideration Client’s wishes as much as possible.
5.4. ATZlive shall be held liable only for loss or damage that is caused by intent or gross negligence, is caused by a culpable breach of an “essential contractual obligation” (as defined in the following sentence) or results from the loss of life, limb or health. An essential contractual obligation is an obligation that is necessary for the due implementation of the Agreement and on whose performance the partner to a contract may generally rely on.
5.5. Except for the loss of life, limb or health, ATZlive’s liability shall be limited to the loss or damage that is foreseeable and typical in connection with the services under this Agreement.
5.6. In all other respects, ATZlive and its employees and managers shall not be held liable.
6. Miscellaneous
6.1. The individual offer and the present Terms and Conditions form the entire Agreement. Any amendments to the Agreement must be made in writing in order to legally valid. This also applies to any amendment waiving the requirement of the written form.
6.2. The Agreement shall be governed by the laws of the Federal Republic of Germany. Wiesbaden, Germany shall be the exclusive venue for all legal disputes arising directly or indirectly from this Agreement, but ATZlive may choose to bring a lawsuit where Client has its headquarters or an establishment.