Preamble

The aim of the usage rules is to regulate the use of the DigitalArchive service. The usage rules for central IT systems of the Rheinisch-Westfälische Technische Hochschule Aachen dated 19.01.2018 apply, as well as the specific usage rules for the DigitalArchive service listed here as a supplement.

§ 1 Subject of the usage rules

The following usage rules describe the general conditions for using the DigitalArchive service of the IT Center of RWTH Aachen University (RWTH) for its higher education institutions (hereinafter RWTH).  The aim of the DigitalArchive is the secure storage of data and work results of RWTH Aachen University in accordance with the requirements of good scientific practice as set out in RWTH's Official Notice No. 2011/04.

These rules are agreed upon for the use of the DigitalArchive service.

In the following, for better understanding, the users are uniformly referred to as users.

§ 2 Conditions of Use  

(1) These rules refer exclusively to the use of the DigitalArchive.

(2) The use of the DigitalArchive requires employment at RWTH Aachen University, the use of a browser and, for administration purposes, logging into the SelfService Portal for Virtual Resources (SeviRe for short).

(3) The use of an S3 Client is required to transfer data to the DigitalArchive. The S3 Client is not part of the offered service. Details on its use can be found on the documentation page IT Center Help (https://help.itc.rwth-aachen.de/).

§ 3 Costs

The use of the DigitalArchive is free of charge; there is no legal claim to registration and use.

§ 4 Duties of care

Users are obliged to treat their own access data confidentially and to protect it from access by third parties. Users must therefore take all necessary measures to ensure the security and confidentiality of the access data and passwords they generate. In the event of a possible misuse of the access data, the User must inform RWTH immediately. Users are also responsible for the consequences of such misuse.

Users may not take any measures or use any software that could disrupt the function of the DigitalArchive service or otherwise interfere with its availability.

The amount of data is subject to the specifications previously made in DigitalArchive.

Deviating uses of the interface provided (e.g. the use of encryption technologies) are the sole responsibility of the user.

In case of violation by users, the access authorization of the users will be blocked.

Furthermore, users must always observe and comply with the instructions given.

§ 5 Rights and duties of the users

(1) By using the DigitalArchive service, users have the right to have their data and work results stored in the DigitalArchive for up to 10 years. After that, the data will be deleted automatically and without explicit notification. The storage period is determined by the user. In the event of a migration of data caused by a change in technology, users are obliged to cooperate if necessary.

(2) Users have the right to add new administrators to the data projects they have created at any time. All administrators have access to the stored data and are responsible for compliance with data protection restrictions and terms of use.

(3) Users are obligated to make clear whether personal data will be stored in the corresponding data project by checking the appropriate box when creating a data project.

(4) By using the DigitalArchive, users grant RWTH the right to save the data and work results they have stored in the DigitalArchive and to view them subject to the conditions set out below.

(5) The data and work results stored by users in the DigitalArchive may be viewed by RWTH, provided that it is not personal data. This access may be granted by assigning a corresponding role in the Identity Management (IdM) for the respective institute if:

   a) the employment relationship between the user and RWTH has ended;

   b) or users are not available for a period of more than one week to disclose the stored data and work results themselves;

   c) or users violate the terms of use and are blocked from using the service as a result.

The persons with the corresponding role in Identity Management (IdM) may create or change access authorizations for the data project.  

(6) If the employment relationship between all administrators of a data project and RWTH ends, the persons with the corresponding role in IdM may add another administrating person who meets the requirements for using the DigitalArchive, thereby transferring the disposal of the stored data to this person.

(7) Rights of use and copyrights to the stored information remain unaffected.

§ 6 Deletion of data and work results as well as data projects

(1) Users have the option of deleting a data project in its entirety.

(2) Users determine the retention period of the data when creating the data project. The retention period may be a maximum of 10 years in the future. The retention period can be extended at any time. Setting a shorter retention period is not possible.

(3) Data projects and their contents are deleted after the specified retention period has expired.

§ 7 User Lifecycle

The system automatically checks whether users have employee status at RWTH. It is also checked whether users are assigned resources within SeviRe. If this is not the case, the corresponding user accounts will be deleted within 120 days.

§ 8 Liability

RWTH shall be liable without limitation in the event of intent or gross negligence, for injury to life, limb or health and in accordance with the provisions of the Product Liability Act.

In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), RWTH's liability shall be limited in amount to the damage that is foreseeable and typical according to the nature of the transaction in question.

RWTH shall have no further liability.

The above limitation of liability shall also apply to the personal liability of employees, representatives and bodies of RWTH.

§ 9 Availability of the DigitalArchive service

An uninterrupted, trouble-free and/or unrestricted availability of the service cannot be guaranteed or offered at all times. In particular, maintenance work or security aspects as well as force majeure and events beyond the control of RWTH may lead to disruptions or a temporary suspension of the service.

§ 10 Data Protection

The collection, use and utilization of personal data shall be carried out in compliance with the relevant data protection regulations. In particular, no personal data will be disclosed to third parties without authorization.

If changes are made to a data project, the responsible administrators of a data project will be informed.

§ 11 Miscellaneous

(1) Amendments and supplements to this contract must be made in writing. This also applies to the amendment or cancellation of this clause.

(2) The User's general terms and conditions shall not apply.

(3) This contract shall be governed by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11.4.1980 (UN Sales Convention).

(4) The place of performance shall be Aachen. The exclusive place of jurisdiction shall be Aachen, provided that each party is a merchant or a legal entity under public law or has no general place of jurisdiction in Germany.

(5) Should individual provisions of this contract be invalid, this shall not affect the validity of the remaining provisions. The contracting parties shall endeavor to replace the invalid provision with a valid provision that comes as close as possible to the economic meaning of the invalid provision.