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(Addendum to data supplier contract – see § 5 Protection and passing on of data)
TecDoc gathers data for the automotive spare parts market from a variety of automotive suppliers (data suppliers). On the basis of separate data supplier contracts, the data suppliers offer TecDoc catalogue data for the products manufactured and offered by them. TecDoc has the right to use, publish and distribute this data made available by the data suppliers.
The data user is interested in using, publishing and/or distributing the data gathered by TecDoc according to these guidelines for the use of data. 1. 1.1 1.2 Extend of obligations of TecDoc TecDoc offers the data user the data made available by the data supplier in a format defined by TecDoc. This data is updated quarterly. It is a fundamental basis of the contract that the data gathered by TecDoc originates from the parts industry, cannot be examined by TecDoc with regards to its accuracy, completeness and missing relevance, and may be used solely for the marketing of new and reconditioned parts or exchange parts. Reconditioned parts or exchange parts are defined as reconditioned used parts, which do not substantially differ in quality standard, function and life span from new parts. The parts are characterized by carrying a trade mark or the mark of the refurbishing party, who can also be the original manufacturer, as long as it is also active in refurbishments. A use of the data for used parts, i.e. re-used parts without further reworking, which still carry the mark of the automobile manufacturer or of the original part manufacturer, is not permitted. Should the conditions in the automotive parts market thus change that the sale of used parts in the narrow sense poses an essential business area from the viewpoint of trade, the parties to the contract commit to negotiating arrangements for a continuation of the contract under consideration of these facts. In this case, TecDoc will not immediately terminate the data delivery. A change of the market with regard to the sale of used parts in the narrow sense (not reconditioned parts) exists in case of doubt if more than 25% of the trade members of the Gesamtverband Autoteile-Handel e.V., Ratingen, are or plan to be active in this business area.
2. measurements etc. its article number and all possible product restrictions or make this information accessible in a simple way directly connected to the article information. . are not counted as original spare parts of the vehicle manufacturer. which are only sold through the relevant vehicle manufacturer or his dealer network.2 The data user is obliged to at least list the brand of the manufacturer. in which they were entered in the TecDoc data by the TecDoc data supplier. installation information.1 TecDoc grants the data user the simple right of use for the duplication and circulation of the transmitted data according to the following guidelines of the data usage. A use of the data for used parts. which have been supplied to the data user as part of the TecDoc data medium exchange. The use of the TecDoc data for the marketing of original spare parts of the automotive industry is also prohibited. may only be shown in conjunction with the manufacturers. DELPHI). MAGNETI MARELLI. reconditioned parts or exchange parts. to publish or distribute cross-references in such a manner that the reference numbers can be attributed to products of other manufacturers or that third parties can reverse this reference.1. function and life span from new parts. links to automobile manufacturer numbers. 4 UrhG. i. Reconditioned parts and exchange parts are reconditioned used parts. It is in particular prohibited.3 2.1 If additional information of a supplier is shown.2 The data user is entitled to use the data solely for new parts. which carry a trade mark or the mark of the refurbishing party and do not substantially differ in quality standard.e. which are not already contained in the TecDoc data. 2.1 Extend of usage The data user accepts. Authenticity of the data 2. re-used parts without further reworking from the authorised mark owner. Makes.e. Original spare parts of the automotive industry are defined as parts with the trade mark of a vehicle manufacturer. Arrangements of use 2. the data user is solely permitted to duplicate or distribute this information in connection with the article of the parts manufacturer.2 Graphics. 2.1 The data user is committed to indicate clearly the date of validity of the relevant data when publishing TecDoc data if the publishing means is available beyond the given period of validity of the data indicated by TecDoc. The data user is prohibited from linking data to cross-references. 2. which are intended by the vehicle manufacturer for the sale on the free aftermarket (i.3 Any cross-references to numbers of vehicle manufacturers or to products of competitors provided by data suppliers may only be passed on in the relation they were provided in.4 2. i.3 126.96.36.199. is not permitted. Cross-references may only be published in the depiction. 2.2.1. which still carry the mark of the automobile manufacturer or of the original part manufacturer. to which these graphics were originally assigned to.2.e.2.2. that the data made available are copyrighted according to §§ 2. technical information.
the publication can only take place after the prior written consent of TecDoc.1 Rights of TecDoc TecDoc is entitled. 4. the data user is obliged to grant TecDoc access at any time to the relevant internet offer and to provide TecDoc prior to the first publication of the internet offer with a password or other means of access to this internet offer. 2. TecDoc reserves the right to check internet offers of the data user with regards to their correspondence to the guidelines for the data use.2 Distribution of TecDoc data on the internet The data user is entitled to publish and distribute the TecDoc data on the internet subject to the following conditions. The data user is obliged to install a safeguard against changes or manipulations of the TecDoc data (firewall).3 3. 3.4 4.As part of his business activity. especially the download of the data. The publisher’s mark “TecDoc Inside” will be made available to the data receiver by TecDoc on conclusion of the contract and may be used for this purpose. the data user is obliged to make a free specimen copy available to TecDoc before the first publication and at each subsequent publication of TecDoc data publishing media. In case of an important technical reason.3. the data user is permitted to duplicate the TecDoc Data. The data user is obliged to inform all internet users in the proper form that they may have to consult supplementary information from suitable sources to ensure that the part identified through the database actually corresponds to the requested part and fits the vehicle in question. For this purpose. The data user is obliged to provide information about the origin of the data of his own published media if these are based on or contain mainly TecDoc data.2 . but not obliged to check catalogues and other published media of the data user with regards to protection against processing of the TecDoc data and with regards to depiction of the TecDoc data according to the contract. The data user has to ensure that the provided TecDoc data is blocked at the latest 2 months after the validity date for technical or contractual structures indicated by TecDoc has expired and that further duplication or distribution of the data ceases. is certainly made technically impossible. The data user has to ensure. In this case. The data of a record is to be reproduced completely. which TecDoc will provide as soon as a dependable protection against further processing of the TecDoc data and the depiction of the TecDoc data according to the contract are ensured. a waiting time of a few days can additionally be permitted. For this purpose. An update of the TecDoc data published on the internet has to take place at the latest 2 weeks after receiving the data from TecDoc.3. transfer it to other electronic media and distribute this media to third parties whilst keeping to the above mentioned obligations. especially if private end users can access the TecDoc data.1 3. 4. that the TecDoc data published on the internet are continually updated and shown correctly.2 2.3 3. These warning messages have to be published in an exposed position and with the necessary clarity. TecDoc has the right to demand from the data user to stop the first publication or the re-publication of the TecDoc data if a dependable protection against further processing of the TecDoc data is missing or if the TecDoc data is not shown according to the contract. 3. The data user has to further ensure that a change or systematic reading of the TecDoc data.