Catalog » General Conditions of Use

General Conditions of Use

  1. eCl@ss standard / eCl@ss e.V.
    1. The eCl@ss standard is an international data standard for a uniform and consistent classification and description of products, materials, systems and services (hereinafter "eCl@ss standard"). The eCl@ss standard consists of structural elements which are used for the classification (classification classes and keywords) and description of products (e.g. properties, units, values, blocks, aspects, etc.) and to each of which a globally unique identifier IRDI (International Registration Data Identifier) has been assigned according to ISO 29002-5.
    2. eCl@ss e.V. is a non-profit organization that is constantly developing and disseminating the eCl@ss standard internationally across all sectors. Compliance with the general conditions of use of the eCl@ss standard serves to support the sustainable further development and the assurance of uniform structures of eCl@ss and thus benefits all users of eCl@ss.

  2. Authorized sources of the eCl@ss standard
    1. The eCl@ss standard may only be obtained directly from eCl@ss, through downloading, via the eCl@ss download portal (www.eclassdownload.com) or from third parties expressly authorized by eCl@ss e.V. Authorized sources are only those service providers mentioned on the website of eCl@ss e.V. (www.eclass.eu) or the download portal (www.eclassdownload.com).
    2. The procurement of the eCl@ss standard from non-authorized sources represents an unauthorized procurement that does not entitle to its use (in whole or in substantial parts). eCl@ss e.V. reserves the right to take legal action against any unauthorized procurement and any unauthorized use.

  3. License obligation - Scope of User Rights
    1. The use of the eCl@ss standard is under the condition of a license and requires that the user has registered or logged in properly through the electronic registration form on the Download Portal (www.eclassdownload.com) and his statements are complete and accurate before downloading.
    2. With the proper procurement from the authorized source and payment of the required fee, the user (hereinafter "Licensee") acquires the simple, spatially and temporally unlimited, but non-transferable right to download the eCl@ss standard in the data range that was paid for to the own computers and systems of the Licensee, to save it and use it (hereinafter “Right of Use”) for his own purposes for the classification and description of products, materials, systems and services (hereinafter collectively “products”).
    3. The right of use of the Licensee shall include the following uses in particular:
      • The Licensee may use the eCl@ss standard for the purpose of describing and/or structuring his own product data and product descriptions e.g. use in data or catalogue exchange formats and transfer these to a third party in the form of product data sheets, catalogues (electronic or hard copy), etc. as part of his business operations and in compliance with the information and notification obligations, subsequent to paragraph 4.
      • The Licensee may convert or integrate the eCl@ss standard into his software applications for the purpose of describing and/or structuring his own product data and product descriptions and transfer these to a third party as part of his business operations and in compliance with the information and notification obligations, subsequent to paragraph 4.
      • The Licensee may use the eCl@ss standard on his own (also publicly accessible) websites in connection with navigation functions such as product search for the classification of suppliers, navigating through product classes, etc. All eCl@ss structure elements may be displayed in doing so, in compliance with the information and notification obligations subsequent to paragraph 4.
      • The Licensee may isolate eCl@ss structure elements, information and parts thereof from product data files e.g. by selecting them according to row or column and save this eCl@ss information in a proprietary file or database or process it in a structured manner.

    4. The reproduction, distribution or public communication as well as the transfer of the eCl@ss standard itself (in whole or in part) to any third party is not allowed.

  4. Information and Notification Obligations of the Licensee
    1. With any use of the name "eCl@ss" the underlying version number of the eCl@ss standard (e.g. "eCl@ss 8.0") has to be mentioned as well.
    2. The reproduction, distribution or public communication and the dissemination of work results that have emerged using the eCl@ss standard (e.g. product data sheets or software applications - referred to as "work results") to third parties, in particular their retransmission by uploading them to computer systems of third parties or providing them on-call is permitted only under the following additional conditions:
      • The licensee shall inform the recipient of the work results (e.g. product data sheets, catalogs) in a suitable and clearly visible form about the license obligation of the eCl@ss standard (e.g. through contractual references, in the General Terms and Conditions or in offers by the licensee or by placing the reference in the respective catalogue etc.). The reference shall also include the information that the recipient of the work results may save the data contained therein free of charge in his own systems or pass them on within his company, as long as the eCl@ss structure information contained in those data, such as the classification structure or the product description properties, shall not be isolated, extracted, or otherwise used to enable possibilities for a systematic use by him or other third parties.
      • If the work results consist of software applications that the Licensee supplies to a third party for payment or for free, they must contain at an appropriate place the clearly marked reference that the software application includes the eCl@ss standard or builds upon it, and that any use of the eCl@ss structure - outside of the intended use of the software application itself - requires a license. The licensee must also specify a link to an authorized supplier of the eCl@ss standard. The references mentioned also have to be included by the licensee in the Terms of Use of the software application.
      • When using the structure of the eCl@ss standard on his own web pages, the Licensee must place at an appropriate point a clearly marked reference to indicate that the structure represented on the website and / or its pages is the structure of the eCl@ss standard, the use of which requires a license. The reference must also include a link to an authorized supplier of the eCl@ss standard.
      • The aforementioned information and notification obligations are considered to be fulfilled when the following formula is used:
        • „This content contains eCl@ss. The use of the eCl@ss standard requires a license. Please register and order in the DownloadPortal (www.eclassdownload.com).“

      • At all times the licensee has to proof the aforementioned reference and information requirements of the eCl@ss e.V. upon first request.
      • eCl@ss e.V. is entitled in individual cases to require from the licensee an appropriately deviating placement of the information and/or references.

    3. In the event that the Licensee violates one or more of the above conditions or does not fulfill them, the user rights granted to the eCl@ss standard become void. Other rights and claims of eCl@ss e.V. remain unaffected.

  5. License-free Use
    1. No licensed use requiring the previous procurement of the eCl@ss standard will apply in the following cases:
      • The mere receipt of work results (e.g. product data), which were created using the eCl@ss standard, as part of a product data exchange in the ordinary course of business traffic;
      • The unchanged storage of such work results (e.g. as a product data file in the BMEcat format, in other XML formats or as Word, Excel, PDF, or other file) on a computer system, in a mail box or in a database in the recipients company;
      • The unchanged printouts of such work results (e.g. as a PDF product data sheet);
      • The unchanged transfer of the work results to third parties, provided that the information contained therein and the information on the license obligation of the eCl@ss standard is transferred in an equal manner.

    2. A licensed use by the receiver of product data or product data files which requires the aforementioned own procurement of the eCl@ss standard, however, is the case if these product data or product data files have been explicitly requested with a full or partial description of eCl@ss structural elements.

  6. Use of the eCl@ss Standard with other Classification and Description Systems
    1. The eCl@ss standard, including its classes, properties, keywords, values, or other structural elements, may, within its defined application, be linked and/or mixed with other classification and description systems used by the Licensee in his company. The result is not a "joint work." In doing so, the eCl@ss standard itself may neither be made available to third parties in whole nor in part.
    2. A work result that was obtained through connecting and/or mixing eCl@ss with other standards may only be transferred or made available to third parties, when the use of the eCl@ss standard was limited to minor additions to the other standard(s) only and when the Licensee, at a prominent and appropriate place, has inserted for the sake of the recipient the easily visible reference

        „according to eCl@ss Version [x.x]“,

      indicating the underlying eCl@ss version. The use of the terms "eCl@ss" or "eCl@ss standard" in isolation is excluded.

    3. The Licensee shall state clearly in the work results, at an appropriate place, to what extent and at what stages the eCl@ss standard was used.

  7. License Fees
    1. For the procurement and use of the eCl@ss standard license fees will be charged. Each license fee is due on acquisition.
    2. The amount of license fees as well as any reductions and discounts can be found in the current price list (available at www.eclassdownload.com).

  8. Language Versions
    1. eCl@ss e.V. is offering the eCl@ss standard in different language versions.
    2. In so far as a language version is not or not fully made available by eCl@ss e.V., the Licensee may translate or have translated the missing language-bound parts of the eCl@ss standard procured by him in this language(s) ("own language versions of the Licensee") in accordance with the following conditions:
      • The Licensee will commit himself to make available the proprietary language versions created by him or on his behalf to eCl@ss e.V. (info@eclass.de) and grants eCl@ss e.V. the non-exclusive, in time and space unlimited, as well as further transferable right to use this translation in the distribution of the eCl@ss standard. eCl@ss e.V. is not obligated to review these proprietary language versions of the Licensee.
      • The use of the eCl@ss standard in the own language versions of the Licensee is at the risk of the Licensee.
      • In the communication with third parties the use of proprietary language versions is always with a reference to "according to eCl@ss". The use of the term "eCl@ss" in isolation is not possible for these languages.

    3. In as far as the use of the eCl@ss standard should prove to contain translation errors or ambiguities in terminology, the contract parties will mutually inform each other constantly by means of a continuous improvement process. eCl@ss e.V. will gladly accept any suggestions for improvement via its ContentDevelopmentPlatform (www.eclass-cdp.com).

  9. Guarantee
    1. eCl@ss guarantees the general suitability of the eCl@ss standard for the classification and description of products, materials, systems and services according to the provided eCl@ss structure. In addition, neither certain features, nor specific possibilities for application or use of the eCl@ss standard or eCl@ss classification structure are guaranteed or assured. The use of the eCl@ss standard, including the related eCl@ss-file(s) is solely at the risk of the Licensee.
    2. eCl@ss e.V. ensures freedom from viruses of the authorized sources (section 2.1.) of the files provided for procurement (download) of the eCl@ss standard.
    3. eCl@ss e.V. does not accept any liability for the accuracy or completeness of the data or any terminological lack of clarity or translation errors.
    4. The Licensee shall report any defects within a period of four weeks of noticing the defect, Otherwise any warranty claims for these defects become void.

  10. Liability / Damages / Exemption
    1. Claims against the eCl@ss e.V. for damages and reimbursement of expenses (hereinafter: "claims for damages"), irrespective of the legal reason, including infringement of obligations under the debt-agreement or in tort, shall be excluded.

      This does not apply to claims under the Product Liability Act, in the cases of intent or gross negligence, injury of life, body or health, and to breach of fundamental contract obligations. The claim for damages for breach of fundamental contractual obligations is limited to the typical, foreseeable damage if there is no willful misconduct or gross negligence or based on liability for injury to life, limb or health.

    2. As far as the licensee is entitled to claims for damages, these are subject to a period of one year as off the procurement (download) of the eCl@ss standard. This does not apply to claims for damages under the Product Liability Act.
    3. The Licensee shall indemnify eCl@ss e.V. against all claims and rights of third parties, including reasonable legal fees incurred in connection with user-specific data inputs of the Licensee and/or the unauthorized reproduction, distribution, public performance or communication of eCl@ss file(s) by the Licensee that were brought against eCl@ss e.V. The same applies to claims and rights of third parties in connection with changes made by the Licensee to the eCl@ss structure and / or classification.
    4. The Licensee shall also indemnify eCl@ss e.V. against all claims and rights of third parties, including reasonable legal fees, which were made in connection with the use of proprietary language versions of the Licensee brought against eCl@ss e.V.

  11. Protection of the Rights of eCl@ss e.V.
    1. The logo "eCl@ss" is trademarked. It may neither be changed nor removed in the electronic format of the eCl@ss standard, nor in print.
    2. With regard to the eCl@ss standard, the eCl@ss classification system and / or parts thereof, the Licensee is not entitled to register or have registered in his own name or the name of a third party any national or international industrial property rights (e.g. patents, utility or design patents, trademarks, intellectual property rights, copyrights, etc.).

  12. Final Provisions
    1. Suggestions for supplementation or amendment of the eCl@ss standard may be submitted through the ContentDevelopmentPlatform (www.eclass-cdp.com). eCl@ss e.V. will decide on their implementation.
    2. Should one or more provisions of these Terms of Use become in whole or in part invalid or lose their effectiveness later on, the validity of the Terms of Use will not affect the remainder.
    3. German law applies exclusively, under exclusion of the UN Sales Convention (CISG). The seat of the court of law is Cologne.

Version 3.0
as of 2013-04-15

PDF version

Attachments for Terms of Use for the eCl@ss standard

    Use case:

    Producer and provider of components (assembly parts) describe their components structured by eCl@ss. This product data is available in several data exchange file formats (e.g. BMEcat).

    Various producers of CAx-Systems integrate an import interface in their system, with which the provided data exchange files can be imported into the CAx Tools. While importing, the product data is mapped to related data in the existing database of the CAx System, using the eCl@ss IRDI and/or identifier. The import of the product data takes place at the end-user of the CAx-Software, e.g. an engineering or planning office.

    Use and license obligation based on the "Terms of Use for the eCl@ss standard"

    Paragraph 3.1 of the Terms of Use describes the license obligation of the use of the eCl@ss standard. A use is given in all processes, where a utilization of eCl@ss constructs is necessary, e.g. IRDI or identifier.

    No license obligation is given, when processes run without utilization of eCl@ss constructs, e.g. IRDI and identifier, and are conducted without them.

    For the use case given above, eCl@ss constructs are necessary for the mapping in the CAx-Systems. Accordingly, a use under the condition of a license takes place.

    Paragraph 5.1.1 of the Terms of Use describes the "mere receipt". In the use case, a structured processing by importing and using the eCl@ss constructs IRDI and identifier occurs after the receipt. Accordingly, there is no "mere receipt", and a usage under the condition of a license is required.

    For the "unchanged storage" given under 5.1.2 the above-mentioned statement is valid analogously. In the use case, a process in a structured manner under importing and using the eCl@ss constructs IRDI and identifier is given after the unchanged storage. Accordingly, a usage takes place as well and the condition of a license is required.

    5.1.3 of the Terms of Use permits printing, which is not relevant for the use case.

    5.1.4 of the Terms of Use permits the unchanged transfer, which is not relevant for the use case either.

    Final Assessment

    For the use case a systematic use of the eCl@ss constructs is given after the receipt and the unchanged storage, namely via the Mapping to the database of the CAx-Tools. Hence, paragraph 5.1.1 ff cannot be valid in the context of the entire process as reasons for a license-freedom.

    The import function will be initiated and executed on the systems of the end-users, thus the user of the CAx-Systems. Therefore, the condition of a license is required for the user.