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Terms of Use

Deutsches Klimarechenzentrum GmbH (hereinafter: "DKRZ"), Bundesstraße 45a, 20146 Hamburg, provides an Internet platform under esgf-data.dkrz.de (hereinafter: "Website"), with which the users are given access to the worldwide Data Portal of "Earth System Grid Federation" (hereinafter: "ESGF"). ESGF is a global network for the exchange of data from Climate Research with "data nodes" in Europe, the USA, Canada, China, Japan, Australia, etc. With this website, the DKRZ provides a data node operated from where the users can register and download data of all ESGF nodes as well as find fundamental further information.

Availability of the Website

DKRZ makes every effort to ensure the constant availability of the website. However, it is not impossible that - for technical reasons or for maintenance work purposes - the website under esgf-data.dkrz.de will be temporarily unavailable from time to time, and this without prior notice. A right of the user to a continuous accessibility of the content of the website does not exist.

Use of the ESGF-Portal

The use of the ESGF Portal via our website is only allowed under protection of the copyrights and other rights of third parties. DKRZ is not obliged to verify or to monitor User Content in terms of completeness, accuracy, timeliness, non-infringement and as to its compatibility with legal provisions or other mandatory rules.
The user is not permitted to upload contents that violate the rights of third party parties. With content upload, the user declares to have the necessary rights to use the content in question and not to violate any laws or other mandatory rules with the contents. In case of infringement of the law, he is obliged to indemnify DKRZ against third party claims; this includes the costs for a legal defense through DKRZ.
Data Portal users may create individual copying (e.g. through download and printing out) for private use of the retrievable and downloadable contents there. In addition, copies are particularly permissible for scientific use if and as far as the reproduction is necessary for that purpose and serves no commercial purposes.
Further rights are not granted.

Liability principles

The visit and the use of the website is done on own responsibility of the user. A liability of the DKRZ for slightly negligent breaches of obligations is excluded, provided that this does  not concern damage arising from injury to life, body or health or claims according to the product liability law. This shall furthermore not affect the liability for the breach of obligations whose fulfilment makes the proper execution of the contract generally possible in the first place and the observance of which the users may usually rely on ("cardinal contractual obligations"). However, in the case of violation of cardinal contractual obligations, compensation claims of the user are limited to compensation for contract typical, predictable damage. The same liability restrictions are valid for breaches of obligations by the legal representatives and vicarious agents of DKRZ.
DKRZ assumes as part of the above restrictions in particular no liability for unauthorized access by third parties to the contents of the website or manipulation by third parties as well as for a possible transmission of computer viruses, computer worms, Trojans or other malicious programs. The user is obliged to undertake own precautions for the protection of his own computer against such malicious programs, in particular to install anti-virus software and to use the respectively current antivirus definitions.

Liability for Third Party Content

DKRZ shall only be liable for contents published by users or, otherwise, by a third party ("Third Party Content") according to the principles named in Clause 3. This applies in particular for all climatology data retrievable via this website, no matter whether these are stored on our own or external servers. DKRZ is not obliged to monitor third-party content as to the completeness, accuracy, timeliness, non-infringement and for compliance with statutory provisions, other mandatory rules or for compliance with professional ethics. Accordingly, DKRZ also takes over no guarantee or responsibility for the completeness, accuracy, timeliness or legality of third party contents.

Liability for Links

The website contains references ("Links") to contents of external websites. The placing of such links is done exclusively for information purposes and as an additional service for the users of the website, without DKRZ thereby wanting to express a recommendation, approval or endorsement with respect to the linked content or without wanting to adopt the linked content as its own. At the time of DKRZ placing the links, there were no illegal contentsrecognizable on the internet sites linked to. However, DKRZ has influence neither on the creation nor the contents of the linked  websites. Rather, their respective operator is exclusively responsible for the creation and contents of the linked websites. Hence, DKRZ assumes no guarantee or responsibility for the existence, the accuracy, completeness, timeliness or legality of the design and content of linked websites.

Copyright

As far as the contents on this website were not created by DKRZ, the copyrights of third parties have been observed. Concerning the contents of the ESGF-Portal, Clause 2 of these Terms of Use is valid in addition. Should you become aware of copyright infringement, we ask you to inform us. Upon becoming aware of an infringement, we will undertake all reasonable steps in order to prevent this.

Data protection/Personal information

Information about the collection and processing of your personal data during the use of the website can be found in the Privacy Policy.

Applicable law and Place of Jurisdiction

The law of the Federal Republic of Germany shall apply. If you are using the services on this website as a consumer and  have your residence in another country at the time, the application of mandatory law of that country remains unaffected by the choice of law made in sentence 1.
Place of performance and Place of Jurisdiction for all disputes from and in connection with the offer of this website is Hamburg for the use by merchants, legal entities under public law or public law special funds. For the rest, the applicable legal provisions are valid for the local and international jurisdiction.

Last Update: Dec. 21, 2015, 1:38 a.m. by Admin User
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