concerning the use of electronic data, or data gained from digitising printed
documents originating from publications
The following agreement is
the DIPF | Leibniz Institute for
Research and Information in Education, Rostocker Straße 6, 60323 Frankfurt am Main,
represented by Executive Director Professor Dr. Kai Maaz
– DIPF –
XY data provider
represented by its executive director,
follows – XY –
Following a public remit, the DIPF intends to provide open access to an
electronic store of scholarly educational literature that is as comprehensive
as possible and to enable information science research on the basis of
educational literature. This task will be fulfilled by providing the German
Education Index “FIS Bildung”, a search instrument,
and the full text database pedocs: the
XY data provider is familiar with both of these instruments regarding their
scope and function. The DIPF coequally considers the interests of users and the
interests of the holders of legal rights (authors, editors, publishers).
Subject to a cooperation agreement, the DIPF moreover acts as a scholarly
partner of the German National Library as regards the acquisition,
administration and monitoring of long-term archiving for relevant electronic
The XY data provider supports the DIPF in pursuing its objective by
providing electronic data or printed publications that are digitised by the
DIPF itself, or on behalf of the DIPF, and is confident that these data will be
used pursuant to legal rights and the terms agreed here.
1 Subject of this agreement
Subject to this agreement are the publications selected by the XY data
provider; see the respective written correspondence and e-mails
exchanged between XY data provider and DIPF. Pursuant to
this agreement, publications refer to collected editions, monographs and
journals. These publications will be delivered to the DIPF as printed
documents, or in form of electronic data provided in PDF format, either completely
or in terms of selected contributions from collected editions, unless expressly
agreed otherwise. As far as selected contributions are provided by the data
provider, the title and index of contents of the collected editions will be
added as a prefix to an individual contribution. For documentation purposes,
all of the publications will receive a unified flyleaf. This flyleaf lists
crucial bibliographic data as well as a reference to the XY data provider
including the XY data provider trademark.
2 Data use, digitalisation of printed documents
(1) The DIPF will use the data and printed documents provided by the XY data
provider for the exclusive purpose of pedocs.
The XY data supplier permits DIPF to use the submitted data respectively the
objects digitised by DIPF or its contractors for information scientific
research that is based on full texts and for text and data mining purposes, and
also allows transfer of the data to third parties in this regard. The XY data
provider permits the DIPF to deliver the data, or the digitised copies produced
by the DIPF itself or its subcontractors, to the German National Library for
the purpose of long term storage. This may result in converting the data to a
different format, and changing their layout. In any case, the contents of the
electronic data delivered by the XY data provider will remain consistent. The
obligation to deliver, which the XY data provider has to fulfil regarding the
German National Library, remains unaffected.
2) In the case of digitising printed documents, either by the DIPF
itself or its subcontractors, using scanning and OCR software, the XY data
provider is informed that the DIPF cannot guarantee that the texts recognised
by the OCR software are faultless, as results also depend on the quality of the
printed master document. The original appearance remains intact in terms of an
image file. The DIPF is committed to use scanning and OCR software that
corresponds to state of the art technology.
(3) The DIPF will appropriately inform the users of its database as
about intellectual property rights, and insist upon their observance.
(4) Each month, DIPF will deliver to XY data provider a
statistical analysis concerning downloads of the relevant publications.
(5) The DIPF is in no way committed to integrating the documents into
3 Data delivery and transfer
The XY delivers electronic data of the agreed publications, and if
possible their electronic metadata, to the DIPF. In the given case, the XY data
provider delivers the data in a format that has been previously agreed. As a
rule, transfer of the publication data and the metadata will be carried out
online, subject to the current state of technology, and with a minimum effort
for both parties. The parties will come to an agreement as to technology
applied in due course.
4 Financing expenses
Each of the parties are responsible for financing the expenses and
preparing the data respectively as well as their integration in the databases.
A compensation of expenses is not intended.
The DIPF does not acquire any rights to the publications or data beyond
the rights of use outlined in the preamble and in § 2.
6 Limitations of data use
The XY data provider can demand the DIPF to block data from individual
publications immediately if the respective author claims her or his right
pursuant to § 42 UrhG (right to recall a publication
for reasons of a change in opinion or violation of his/her own rights, the rights
of third parties), or if the rights held by the XY data provider are otherwise
restricted or waived.
7 Termination of data delivery and notice of agreement
(1) Both of the parties can give notice of this agreement without
reason, subject to three months’ notification and by the end of the month. Use
of the data delivered up to that date, and pertinent obligations of the DIPF,
(2) Given important reasons, both parties can terminate this agreement
without previous notice, in particular in case of violations concerning the
terms outlined in § 2, reserving the right to claim compensation.
8 Other conditions
(1) In case of a conflict resulting from this agreement, or relating to
this agreement, both of the parties commit themselves to conducting a process
of mediation, to be carried out by the office for settling commercial disputes
at the chamber of trade and industry, prior to filing a claim at an official
court of justice. This condition applies irrespective of the legal status of the
(2) There are no oral further agreements to this contract. Supplementary
agreements or alterations will only become effective in written form, and must
be signed by both parties. This formal requirement can only be waived in
(3) Should a term outlined in
this contract be ineffective or lose effectiveness at a later point in time,
the remainder of the contract will not be affected. In such a case, the
contracting partners will seek replacement of the ineffective term by a legally
effective one with very similar meaning. Any gaps in the contract shall be
subject to interpretation, relating to terms honest contracting partners would
have sought if they had been aware of a need to find an agreement covering the
(4) The law of the Federal Republic of Germany is applicable with the
exception of conflict rules outlined in international private law regulations
and the UN Convention on Contracts for the International Sale of Goods.
(5) This agreement is delivered in two copies. Each of the parties
concerned has received one signed copy.
am Main, den ____________________________
XY data provider