The Swissmem eBOOK is a purchased literature content item.
The Swissmem eBOOK app is supplied free of charge and constitutes the Swissmem eBOOK “reader” in a multimedia environment.
1. Scope of application
By downloading the SWISSMEM EBOOK app or a Swissmem eBOOK, the customer (“licensee”) accepts the terms of licence and use specified here.
The software will be distributed to mobile and/or stationary devices (“terminal devices”). These terms of licence and use shall apply in addition to the General Terms and Conditions applied by the licensor (https://eshop.swissmem-berufsbildung.ch/en/conditions), which the licensee shall likewise be deemed to have accepted by redeeming the licence code. In the event of discrepancies between the two sets of rules, these terms of licence and use shall take precedence.
The licensor has the right to discontinue the offering at any time. In the event that a title becomes unavailable between the time of being purchased in the licensor’s web shop and the time of the code provided being redeemed, the licensee has the right to be refunded the purchase price for this title if the corresponding claim is submitted to the licensor in writing within 30 days and the licensee can prove that they purchased the product in the licensor's web shop.
Previously downloaded/installed Swissmem eBOOKs and annotations will remain available (offline) on the licensee’s personal tablet or PC even after the digitally published book ceases to be available for sale.
Under no circumstances will the purchase price be refunded once the code provided to the purchaser has been redeemed, even if the applications and their memory software are deleted by the licensee or can no longer be used as a result of software updates or version changes (namely to the user’s operating system).
The licensor and its contractual partners cannot give any guarantee that server- and/or client-based applications will be capable of running on all devices.
2. Granting of rights for a fee
Provided the licensee has purchased the Swissmem eBOOK in the licensor’s online shop, they will be granted the right to use the Swissmem eBOOK on three terminal devices, in accordance with these terms and on condition that the licensee pays the sum owed in respect of the item to the licensor within the agreed time frame. The Swissmem eBOOK app is available to use free of charge.
Swissmem eBOOKs are purchased by acquiring a use licence in the licensor’s eSHOP or from a bookseller. The licensee will receive the licence code when the invoice is dispatched (licence code by e-mail/invoice by post).
Unredeemed licences are not personalized. Licences are allocated to the corresponding user account and terminal devices when the Swissmem eBOOK is downloaded for the first time. One licence may be installed on three personal devices.
The licensor has no way to verify the existence of an unredeemed licence.
The licensee has the right to pass a licence code on to another user, provided that the acquiring user receives a copy of these terms of licence and use from the licensee and agrees to be bound by them. By passing on the licence code, the original licensee’s right to download and use the Swissmem eBOOK expires and the acquiring user takes their place as licensee in accordance with these terms of licence and use.
The Swissmem eBOOK app, which is required in order to use the acquired Swissmem eBOOK, is made available free of charge by the licensor or by a third party authorized by them and via the Apple and Google stores for download or via the internet for installation on the terminal device.
Swissmem eBOOK student version: free updates within the scope of the existing Swissmem eBOOK edition for 4 years starting from the time of the first download of the Swissmem eBOOK. These updates pertain to corrections to content. Additional content, changes to regulations or standards will result in a new edition being published and do not form part of these updates.
Swissmem eBOOK teacher version: free updates from the time of the first download of the Swissmem eBOOK until a new edition is published. Additional content, changes to regulations or standards will result in a new edition being published and do not form part of these updates.
Swissmem eBOOK app: The app will be updated regularly; these updates are free of charge and comprise technical bug fixes, new features or adjustments due to technical changes in the peripheral systems and software. Updates can also be used to close security loopholes identified in the software. Updates should be executed regularly. As soon as a new software version is available, the user will be actively notified via a pop-up within the app.
4. Permitted types of use
The right of use is limited to one person. The licensee is permitted to use the software for their own use on the terminal devices and to process and store the data within the scope of the usage permitted.
Internet access is exclusively the responsibility of the licensee. The licensor grants the licensee a non-exclusive, non-transferable, non-sublicensable and non-assignable right to the software for personal use. Use of the software by third parties is prohibited, as is its use for commercial purposes, in particular sale, rental, leasing or lending.
All rights to the content of Swissmem eBOOKs (texts, graphics, animations, etc.) are the property of Swissmem, Pfingstweidstrasse 102, 8006 Zurich or its licensing partners. ionesoft GmbH, 3007 Bern, holds the intellectual property rights to the Swissmem eBOOK app.
Swissmem eBOOKs are protected by copyright. All rights resulting from the copyright appertain exclusively to the licensor. The licensor grants the licensee only the right to use the Swissmem eBOOK in accordance with these terms of licence and use with a valid licence code pursuant to Sections 3 and 4.
All other rights remain with the licensor.
- In particular, it is prohibited to copy, pass on or extract the data or elements thereof. Under no circumstances may copyright notices, ISBN/EAN numbers, product names, watermarks or other product identifiers be removed or altered.
- The licensee is not entitled to translate, edit, reverse engineer, or disassemble the content or the software, or to modify or interfere with the product through third parties, not even to resolve any programming errors that may be present.
Reproduction or use in other electronic or printed publications is not permitted without the express consent of the licensor.
Any breach of any of these provisions will result in the Swissmem eBOOK licence being withdrawn immediately and without compensation. Corresponding claims for damages on the part of the licensor may be enforced.
6. Third-party rights
All trademarks referred to within the software and, where applicable, protected by third parties are subject without restriction to the provisions of the applicable trademark law and the rights of the relevant registered proprietors.
7. Reporting obligation
Any and all breaches of copyright or contract infringements – including by third parties – must be reported to the licensor immediately.
8. Warranty, availability, further development
The licensor has no influence over data traffic over the internet. The licensee is solely responsible for the functioning of their internet access, including transmission paths, as well as of their own hardware.
The licensee is solely responsible for ensuring that their terminal device meets the system requirements defined by the licensor.
There is no entitlement to seamless availability (licence server, content server or cloud). Access may be restricted in whole or in part, temporarily or permanently due to maintenance work, capacity issues, or as a result of force majeure.
Adjustments, changes and additions to the software will only result in a temporary interruption in or curtailing of availability if these are absolutely necessary for technical reasons.
Software defects resulting in disruption to the contractual use of the software will be remedied by the licensor as quickly as possible once it becomes aware of the fault.
The licensor has the right to change/adapt the software at any time, in particular in the event of technological advances.
9. Enhancements and notes by the licensee
For licensees using the software via the Swissmem eBOOK app, enhancements and notes added to the Swissmem eBOOK by the licensee will be stored locally on the licensee's terminal devices. If the licensee has activated Swissmem Cloud, annotations of all types will be stored in parallel in the Swissmem Cloud. All data (Cloud or internal hard disk) will be stored in encrypted form. The encryption key will be retrieved during synchronization with the licence server. If the user has not activated Swissmem Cloud, all annotations will be lost if the user changes their terminal device. The Swissmem eBOOK itself does not reside in the Cloud, but rather is always on the hard drive of the corresponding terminal device. In the event that a user changes their device, the Swissmem eBOOK can be reloaded independently from the Cloud by redeeming the licence code.
The licensor accepts no liability for archiving or for the availability of this textual, visual or media information. Compliance with third-party rights (and in particular copyrights and personal rights) is the sole responsibility of the licensee. Infringements of the rights of third parties are the sole responsibility of the licensee.
Use of the Swissmem Cloud
Using the Swissmem Cloud will result in your annotations being stored on and transmitted to third-party servers. The Swissmem Cloud server is located in Frankfurt and is subject to European law. The data will be encrypted in the Swissmem eBOOK app and archived in the Cloud with an access protection mechanism. Swissmem may impose restrictions on the volume of data transmitted and stored, in particular a maximum file size for data transmission, a maximum allocation of memory, and a maximum storage period for your data.
By using the Swissmem Cloud, licensees undertake to use the synchronization and exchange option only for content with a direct connection to the Swissmem eBOOK being used, their training or their occupation (teacher, trainer, etc.).
The licensee is prohibited from using the Swissmem platform to disseminate illegal content; this includes, inter alia, content which infringes copyright, content which is in any way discriminatory or harmful, or content which compromises the security and integrity of the recipients and their devices.
To the full extent permitted by applicable law, no liability shall be accepted for damages and loss of data suffered by the licensee in connection with their use of the software or the online links in the Swissmem eBOOK.
In particular (but without limitation):
- The software is downloaded at the user’s own risk
- The licensor shall not be liable for any damages suffered as a result of the installation or use of the software or due to denials of or delays to access.
- Despite up to date virus checking, no liability shall be accepted for damages and adverse effects caused by malware such as computer viruses.
- The licensor assumes no liability for the currency, correctness, completeness or quality of the information provided.
If the licensor becomes aware of potentially or actually damaging content, it expressly reserves the right to change, add to, delete or temporarily or permanently cease publication of parts of pages or the entire offering immediately and, where necessary, without prior notice.
The licensee is responsible for all damages to the licensor caused by the former as a result of an infringement of these provisions. The licensor reserves the right to take civil and criminal action in the event of any breach of contract.
11. Data protection
The licensor takes data protection very seriously and handles all personal data confidentially and in accordance with the legal requirements.
The licensor reserves the right to change or add to these terms of licence and use in the event of legislative amendments, changes to the licensor’s offering or any loopholes identified in the regulations.
13. Applicable law, jurisdiction
This contract is governed by Swiss law.
The place of jurisdiction for all disputes arising from or in connection with this contractual relationship is Zurich.
Zurich, 31 January 2020