Terms and Conditions
Terms and conditions of Service Agreement with SIP
The SIP GmbH ("SIP") Service Agreement presents the terms and conditions of your account. This Agreement constitutes the entire and only agreement between SIP and the Customer with respect to the Service and supersedes all other communications and agreements with respect to the subject matter hereof. This Agreement may be modified from time to time upon notice by SIP. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. This Agreement shall be construed in accordance with the laws of Germany. The place of jurisdiction is Munich (Germany).
By activating your account or using our services, you agree to accept the complete agreement; therefore, you are requested to carefully review and familiarize yourself with it.
§I. Rights and Duties of SIP
SIP offers on-line services (the "Service") on the World Wide Web of the Internet (address: http://www.patentfamily.de).
1. The Service consists of
a) searching our databases via the World Wide Web
b) patent family observation
c) providing requested data and other related products and services on our web site
d) providing requested data for downloading if necessary.
2. SIP reserves the right, at any time, to
(i) change the terms of this Agreement or any rules or policies posted on the Service,
(ii) change the Service, including removing or giving up any content or characteristic feature of the Service, restricting the hours of availability or limiting the amount of use permitted by the Customer, or
(iii) change any fees or charges for use of the Service, including instituting new fees or charges for the use of the Service or any feature thereof. All changes shall be effective immediately upon notice. The right to terminate the Account in case of changes caused by SIP see § VI/4.
3. SIP will regularly update its database.
4. SIP is the operator of the Service.
§II. Rights and Duties of the Customer
"Customer" means any person, firm, business entity or institution that establishes an authorized account ("Account") for access to and use of the Service provided by SIP.
1. The Customer provides all telephone and other equipment and services (including Internet access provider fees) required for access to and use of the Service at his costs.
2. Any use of the Service under a Customer's Account after such notice shall be considered as to be accepted by the Customer.
3. The right to use an Account is personal to the Customer but can be used from any workstation.
4. The Customer's Account cannot be transferred.
5. By registering as a Customer and using the Service, the customer accepts and agrees to comply with the SIP Service Agreement ("Agreement"), and all rules or policies announced on the Service for as long as you remain a Customer.
6. The Customer ensures that all use of the Service under the Customer's Account (i.e., use of the Service by any person using the Customer's user ID and password) is in conformity with the provisions of this Agreement and all rules.
7. Customer shall provide SIP with accurate, complete, and updated registration information. Failure to do so shall be regarded as an infringement of this Agreement, which may result in immediate termination of Customer's account.
8. The Customer is responsible for protecting the confidentiality of his own user ID and password. Unauthorized access to the Service is at the Customer`s own risk and at his own expense.
9. Communication from Customers to SIP must be effected by electronic or conventional mail. Communication to SIP by electronic mail must be sent to: service@s4ip.com. Communication to SIP by conventional mail must be sent to: SIP GmbH, c/o Customer Services, Juifenstraße 8, 81373 Munich, Germany.
§III. Fees and Charges
The terms/conditions for 'Fees and Charges' are not valid for:
Test-Account
Invention Navigator Trial/Free Edition
and Japanese customers (please contact our partner IPX Corporation in Tokyo at www.ipx.co.jp).
1. The Customer is responsible for paying all fees and charges (plus applicable taxes) connected with the use of the Service under the Customer's Account.
2. SIP will charge the Customer for all Services used by the Customer, according to SIP's then current published prices.
3. To use the SIP Service, Customers are required to order a service. The Deposit is non-refundable and non-interest bearing. All cost of your usage will be deducted from this Account. If the Account does not cover the costs required for the desired Service, the Service will not be effected. The Customer will be immediately informed online.
4. The Account can be refilled anytime by ordering a new service.
5. Customers already having business relations with SIP will get access to the service immediately after refilling their accounts. Customers not yet having business relations with SIP, will get access to the Service on receipt of the total amount.
§IV. Exclusion of warranty and liability
1. No responsibility is accepted for the correctness, completeness and relevance of the presented contents and information provided.
2. SIP or any of our employees does not accept any warranty as to the accuracy, reliability or content of any information, products or services provided through the Service or the results to be obtained from the use of the service.
3. Neither SIP nor whatever third party can be held responsible to you or any third party for any direct or indirect losses or damages or such resulting from any inaccuracy or incompleteness of data or of any other Service or product obtained from SIP.
4. No responsibility is accepted for any actions carried out or decisions made by your party or any third party trusting in the data.
5. Information consisting of patent data has been gathered from sources being considered as reliable. There are no warranty claims against any service providers, third parties, our party or any associated enterprises with regard to data calculations which, in particular, may be partially incomplete.
6. The Customer agrees to take the whole risk involved with the use and application of the information provided and the results involved with the said utilization.
7. Neither SIP nor any of our employees, warrant that the service will be uninterrupted or error free.
Please keep in mind that the evaluations have been carried out electronically. They do not replace any professional consultation.
§V. Database
1. The software and databases underlying the Service are proprietary to SIP.
2. Registered customers are licensed to use SIP's database and SIP's Invention Navigator to view, print and download information per this agreement. SIP reserves the right to terminate such license any time if that licence is used in a way damaging to SIP`s business interests.
§VI. Termination, Cancellation of the Service Agreements
1. Either SIP or the Customer may terminate this Agreement and the Customer's Account at any time.
2. In case of the Customer being dissatisfied with the Service for any reason whatsoever, the only right available to the Customer is to terminate the Customer's Account by notifying SIP in writing or by electronic mail. Termination of the Account must be confirmed by SIP in writing or by electronic mail.
3. SIP may suspend or terminate Customer's Account, without notice, in the case of any violation of this Agreement by the Customer. A refund of the deposit is not possible.
4. In case of SIP having changed the Service in a way that essential data or characteristic features of the Service are no longer available, the Customer has the right to terminate his Account. The Customer must notify SIP in writing not later than two (2) weeks after the change that he wants to terminate his Account. The services not yet used up will be refunded proportionally according to its term and balance.
5. Suspension or termination of a Customer's Account means that the Service will be no longer accessible to the Customer. SIP shall not be responsible for any consequences of such lack of access. The provisions of this Agreement will survive the termination of the Agreement or the Customer's Account, whether by SIP or the Customer.