1. Preamble

Date of last revision: February 20, 2018

Swiss Academic Software GmbH (“we”) is a Swiss limited liability company with its primary place of business at Florhofstrasse 2, 8820 Wädenswil, Switzerland.

We have developed the computer program Citavi for reference management and knowledge organization and offer it in different editions: as Citavi Free for use at no charge and as Citavi for Windows and Citavi for DBServer for use in exchange for payment.

In this end user license agreement, we describe how you as an end user can use our program Citavi, our website (www.citavi.com and subdomains) and the programs, files, and services connected with it (henceforth referred to collectively as “Citavi”). Our privacy policy, in which we describe how we handle your personal information, is also part of the end user license agreement.

For this reason, we ask that you please read this agreement carefully before you begin using Citavi. You agree that this agreement is enforceable like any written contract. If you do not agree with the End User License Agreement and cannot or do not want to use Citavi under the conditions described within it, you cannot use Citavi and must cancel your registration and installation.

This end user license agreement will be updated to reflect changes in Citavi. The current, official version published here applies exclusively.

The English and German versions of this contract are legally binding. Versions in other languages are provided solely as an aid to comprehension.

2. Definitions

In this section, we describe terms used in this license agreement in detail:

Add-on means a feature that is not part of Citavi when it is installed but that can be added to Citavi later on.

Attachment means a file (in particular a PDF file) that is linked to the project. In the case of cloud projects, this file is also saved in a datacenter.

Citation style means a file containing the definition of the citation guidelines of a style guide, publisher, or journal for use in Citavi.

Citavi account means a user account for which you can register online and which you need in order to use particular features of Citavi. The data that we save there is specified in the privacy policy.

Citavi database means a database on an SQL database server in which DBServer projects are saved and managed.

Citavi project means the information saved by Citavi under a project name. A Citavi project can either be a local project, a cloud project, or a DBServer project.

Cloud project means a Citavi project, whose information is saved in a datacenter which we have subscribed to in order to provide storage space for this purpose.

Concurrent license means a license for Citavi for DBServer for all users of a Citavi database which allows one user to access the license at a time. One or more concurrent licenses are made available in a license file.

DBServer project means a Citavi project in which the data is saved in a Citavi database on a database server.

Local project means a Citavi project in which the data is saved as a file on a local hard drive or on a local network drive.

Macro means a set of instructions for Citavi to make additional features available.

Major version means a version of Citavi that is distinguished by the number to the left of the first period.

Per-seat license means a license for Citavi for DBServer which the Citavi database administrator can at any time assign exclusively to or remove from a user. One or more per-seat licenses are provided as a license file.

Site license means a license that you can use because of a rental agreement between your organization and us.

Transformer means a file containing the specifications or a file format so that Citavi can import and export that format.

Update means a new version of Citavi that is distinguished by the version number to the right of the first period.

Upgrade means a new major version of Citavi.

3. License extent and validity

Under the terms of this end user license agreement, we grant the user a limited, nonexclusive license for the use of Citavi.

You may use Citavi Free on any number or computers for an unlimited period of time. This also applies for use in a company or other organization.

For Citavi for Windows or Citavi for DBServer the license is either valid indefinitely (without an expiration date) for a Major version or until the expiration date for the current major version. The expiration data is found in the license.

For licenses without expiration dates, the license entitles you to free Updates for the licensed Major version.

For licenses with expiration dates, the license entitles you to free Upgrades and Updates until the expiration date.

To use certain features of the website and the software, you need a Citavi account. You can log in to the Citavi account on the Citavi website or from within Citavi. The account is necessary for licensing Citavi for Windows and for accessing your Cloud projects and Cloud projects shared with you. You are responsible for only using the login details yourself. If you suspect that someone else knows your login details, you are required to change your password without delay.

To apply your license for Citavi for Windows you need to log in to your Citavi Account using Citavi. The license will be available offline for 365 days before you need to log in again. You may use your licenses on any number of computers and USB flash drives, but you may not give your license to other people.

Licenses for Citavi for DBServer are saved in a Citavi database on your database server with Citavi DBServer Manager. Licenses may only be saved in one Citavi database. If your license administrator has assigned a license to you, you can use it to connect to the database server until the expiration date or until the license is unassigned by the license administrator. If you are assigned a per-seat license, it will be available offline for 30 days before you need to log in again to update the license.

We offer licenses at different prices for the categories Home, Academic, and Business. Home is for personal users and students, Academic is for institutions of higher education, schools, and non-profit organizations. Business is for all other users, especially for-profit companies. You may only use licenses in the category that applies to your usage. However, a university site license may be used on a computer in a business or non-profit organization to complete an academic project.

4. File storage

You can choose between up to three different storage locations for your information depending on your license:

  • In a DBServer project, data is saved in a Citavi database on a database server.
  • In a local project, data is saved on a local hard drive or on a drive in a local network or on an external drive.
  • In a cloud project, data is saved in a datacenter which we have subscribed to in order to provide storage space for this purpose.

5. Responsibility for backing up data

Regardless of the type of storage location, you are required to regularly back up data in your Citavi projects (in particular, bibliographic information and PDF files) to protect yourself from a loss of such data.

6. Available cloud storage space

For cloud projects and their attachments, we offer you an unlimited amount of storage space under the following conditions.

PDF files are compressed before being uploaded to the cloud project’s storage space to minimize the file size. In some cases this can lead to loss of quality for images or scanned text. For attachments that are PDF files, the maximum file size per attachment is limited to 100 MB per file. For attachments that are not PDF files, the storage space will be limited to 50 MB per file.

To ensure that we can offer cloud storage services long term, we reserve the right to change maximum file sizes in the future and to require subscription prices for certain cloud storage space amounts or to make the use of cloud storage dependant upon upgrades in the event that cloud storage activity among the total number of users exceeds the expected amount. Should this happen, any cloud storage space you already were using at the time of the change will remain free of charge.

In addition, the following Fair Use policy applies: we assume that 5 GB of storage space will be enough for most cloud projects. If your storage use is much higher than usual, we will contact you to discuss your usage and possible space-saving alternatives. We try to cooperate with our customers and will take your use case into account. For example, we understand that a research team has different needs than an undergraduate student. If you continue to violate the fair use policy after we contact you, we reserve the right to block your usage of Citavi.

7. Use of content

Citavi makes it possible for you to use your own and others’ content. You can use Citavi to search for, download, save, search within, display, analyze, and share content.

External content can include bibliographic information, scholarly articles, and other content (in the form of PDF files, webpages, etc.). This license agreement does not give you rights to external content that belongs to others.

You allow us to process content technically, so that we can make Citavi’s features available to you. Apart from that, you do not transfer any rights to your own or others’ content.

We do not subject this content to routine inspection, neither on your local computer nor when you use our cloud storage space. We only access content technically to provide Citavi’s features. We are not responsible for your content and its legal use within Citavi. Only you are responsible for your content and its legal use within Citavi. You ensure that with this use of content you are not violating applicable laws and that you have the right to use the content within Citavi as you are doing. In particular, you must ensure that you do not violate any copyright, trademark or other intellectual property rights with your use.

You are obligated to hold us harmless in every respect if a third party claims that your usage of content with Citavi is illegal or that this use of content violates the rights of third parties.

8. Violation of copyright laws and other complaints

To seek remedy for the copyright infringement or the violation of other intellectual property rights or to let us know of other complaints relating to the use of Citavi, send an email to support@citavi.com. Share your contact information with us in case we have follow-up questions, and send a detailed description so that we can better understand the alleged violations or complaints. We will let the user in question know about the claim or the complaint and give you the opportunity to comment. If we conclude that this license agreement has been violated and if the user does not immediately desist after receiving this information or if the user commits these violations again, we will forbid the user from any further usage of Citavi. We will notify you of the result.

9. Restrictions

You may not reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code of Citavi. You also may not modify, adapt, translate, or create derivative works of Citavi.

The following exceptions apply: you may create your own citation styles, macros, add-ons, and transformers based on our templates. You may also use our training materials as templates for your own information and training materials.

You may not attempt to circumvent any of the encryption routines and encryption methods for the authentication and authorization of users used in Citavi and for the communication of Citavi with the servers.

10. Ownership and rights

We and our licensors, respectively, are and remain the owner of all titles, rights, intellectual property, and any other interests in Citavi. You are not granted any intellectual property rights in Citavi.

Citavi is protected by the copyright laws of the United States of America, the European Union, Switzerland, and other countries, and by international treaty.

11. Violation of the license agreement

Should you breach the terms of the license agreement one or more times, we reserve the right to suspend your use of Citavi at our discretion.

12. Warranty

If Citavi was provided to you without consideration (for free), then no warranty is provided.

If Citavi was provided with consideration (in exchange for payment), warranty is limited to correction of defects or replacement (collectively “cure”), at the sole discretion of Swiss  Academic Software. If one of the two alternatives incurs disproportionate burden or expense for the customer, the alternative with lower burden or cost shall be chosen. Cure is considered to have failed if two attempts to remedy have failed, if remedy is unreasonable to Swiss Academic Software, or if the customer refuses remedy. If cure has failed, the customer is entitled to terminate the contract, or to a price reduction.

13. Limitation of liability

You acknowledge that due to the multitude of combinations of hardware and operating systems, Citavi cannot work fully and flawlessly on all system configurations. If remedies are deemed possible by us, we will provide them in the form of regular updates at no cost.

The liability of Swiss Academic Software, including its employees and agents, is fundamentally limited to malicious intent and gross negligence. Swiss Academic Software accepts no liability for loss due to malfunction, failure, or limitation of performance, if caused by you. For breaches of material contractual obligations on the part of Swiss Academic Software, whose compliance is essential for due performance of the contract, a violation of which prevents fulfillment of the purpose of the contract, and on the adherence to which the buyer may rely as a matter of course, then Swiss Academic Software may be liable even in cases of ordinary negligence.

The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in particular to liability under the German Product Liability, liability for assuming a specific guarantee, or liability for culpably caused personal injuries. Information in the manual or other public or individually provided documentation does not constitute such a receipt of a guarantee.

General risks such as infection by viruses (or other malware), data loss, or access to the computer by a third party are carried by the user, provided that Swiss Academic Software cannot be accused of gross negligence or deliberate violation of our own obligation to maintain safety. You are required to take all reasonable measures to avoid and reduce damages, in particular to make backup copies of your computer data.

Moreover, liability is limited to the amount of the purchase price.

14. Governing law

This agreement is governed by and construed in accordance with the laws of Germany, excluding conflict of law principles of international private law as well as the United Nations Convention on Contracts for the International Sale of Goods.

You and we agree that for all disputes arising from this agreement, the exclusive venue shall be the competent courts in Hamburg, Germany.

15. Survival

If any provision of this agreement is found void and unenforceable, it will not affect the validity of any other provision of this agreement, which shall remain valid and enforceable according to its terms. The unenforceable provision shall be replaced with an enforceable provision which comes as close as possible to the intended purpose.