FIZ Karlsruhe’s Terms and Conditions for the usage of swMATH Interface

(Applicable as of May 2022)

§ 1 Product Description

(1) swMATH is a freely accessible, innovative information service for mathematical software. swMATH provides access to an extensive database of information on mathematical software and also includes a systematic linking of software packages with relevant mathematical publications. The intention is to offer a list of all publications that refer to a software recorded in swMATH. In particular, all respective articles are given, which are included in zbMATH Open. Such articles may describe the background and technical details of a program or are publications in which a piece of software is applied or used for research.

(2) FIZ Karlsruhe produces swMATH and makes the data available online as Open Access, subject to the Terms and Conditions in this document. At present, swMATH is further developed with contribution of Zuse-Institut Berlin (ZIB) within the scope of Forschungscampus Modal funded by the BMBF.

(1) swMATH is a database protected under copyright and ancillary copyright in the sense of art. 4 clause 21, and art. 87(a) clause 12 of the German Copyright Act. It is produced by FIZ Karlsruhe. FIZ Karlsruhe reserves any and all rights to the product and all parts of the database, including, but not limited to, all rights of use, copyrights, and ancillary copyrights to the content and records contained therein.

(2) swMATH generally provides metadata to the User (“User” hereinafter used for the user of swMATH). The User shall be entitled to download and store minor parts of the information retrieved from the database for private use only. This permission, however, does not include downloading and storing larger parts of the database or the entire database. Data retrieved from the database must not be forwarded to any third party. Any use of the data for commercial purposes, in printed or electronic form, is strictly prohibited.

(3) In no event may the User use swMATH or its content to create a product – no matter whether commercial or freely available through Open Access.

(4) If copyrighted information is published (e.g. software descriptions or keywords), swMATH must be mentioned as the source.

§ 3 Liability

(1) FIZ Karlsruhe makes no warranty or representation as to the content, topicality, accuracy, or fitness for purpose of the information retrieved from swMATH.

(2) FIZ Karlsruhe will only be liable for damage caused by willful intent or gross negligence attributable to FIZ Karlsruhe, its legal representatives, or persons employed in performing its obligations, except for damages resulting from breaches of essential obligations of the contract. In such cases, FIZ Karlsruhe’s liability is limited to damages caused as a typical and foreseeable consequence of the breach of contract. Liability for damages to life, body and health, as well as liability according to the Product Liability Act remain unaffected. FIZ Karlsruhe will not assume any warranty or liability for damages caused by force majeure.

(3) FIZ Karlsruhe is not liable for damages incurred by the Customer as a consequence of improper use of swMATH, or as a result of the loss of the Customer’s access authorization. In this regard, FIZ Karlsruhe warns, in particular, of the risks involved in transmitting such information via the Internet as currently available security technologies and procedures cannot guarantee absolute security.

§ 4 Obligations of the User

(1) The User shall strictly comply with the Terms and Conditions in this document, in particular with the provisions governing the scope of use set forth in art. 2 clauses 2 to 5. In the event of a material breach of these provisions, FIZ Karlsruhe shall be entitled to temporarily or permanently block the User and/or to revoke the User’s access permission immediately, or within a period of time to be chosen at FIZ Karlsruhe’s discretion.

(2) If FIZ Karlsruhe intends to develop the software platforms and other technical components of the systems for use with standard software. FIZ Karlsruhe, cannot, however, ensure compatibility with the software and hardware of the User. The User shall take the necessary steps to adapt his software and hardware accordingly.

§ 5 Confidentiality and Data Privacy

(1) FIZ Karlsruhe shall use reasonable efforts to ensure that user data is treated in confidence and in accordance with the applicable Data Privacy regulations in its area of responsibility.

(2) Personal user data shall be used exclusively for the purposes of fulfilling this agreement and customer support.

§ 6 Final Provisions

(1) The Terms and Conditions in this document shall be governed by German law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

(2) The Terms and Conditions in this document can neither be modified nor waived by the User.

(3) Should any of the provisions of these Terms and Conditions be, or become, invalid, or unenforceable, in whole or in part, the validity of the other provisions and the remainder of the provision in question shall not be affected thereby.

Service Information

FIZ Karlsruhe – Leibniz-Institut für Informationsinfrastruktur GmbH
Mathematics Department
Franklinstr. 11
D-10587 Berlin
Germany

Phone: +49 (0)30 3999340
Fax: +49 (0)30 3927009

E-Mail: editor@zbmath.org


  1. German Copyright Act, Article. 4 clause 2: Collections of works, data or other independent elements which by reason of the selection or arrangement of the elements constitute the author’s own intellectual creation (collections) are protected as independent works without prejudice to an existing copyright or related right in one of the individual elements.

  2. German Copyright Act, Article. 87a clause 1: A database within the meaning of this Act is a collection of works, data or other independent elements arranged in a systematic or methodical way and individually accessible by electronic or other means and whose obtaining, verification or presentation requires a substantial qualitative or quantitative investment. A database whose content has been changed in a qualitatively or quantitatively substantial manner shall be deemed to be a new database insofar as the change requires a substantial qualitative or quantitative investment.