The following rules apply for the usage of simpleArchive.
§ 2 Preconditions of usage
(1) The here defined rules refer exclusively to the usage of simpleArchive.
(2) The usage of simpleArchive requires an employment relationship with the RWTH and the usage of a web browser.
§ 3 Costs
The usage of simpleArchive is free of cost; there is no legal entitlement to registration and usage.
§ 4 Due diligence
Users are obliged to handle their access credentials with care and protect them from third parties. They are required to adopt all measures necessary to ensure the security and confidentiality of their access credentials. In a case of possible abuse of their credentials users are obliged to immediately inform the RWTH. Users are responsible for the consequences of such an abuse.
Users are forbidden to adopt measures or use software that disturb the functioning of simpleArchive or otherwise impede the availability of the service.
Deviant uses of simpleArchive (e. g. the usage of cryptograhy) are entirely within the responsibility of the user.
In the case of noncompliance users will be suspended from the usage of simpleArchive.
Furthermore, users are required to comply with all instructions given.
§ 5 Rights and obligations of users
(1) By using simpleArchive users are entitled to their data and other research results, that have been uploaded to simpleArchive, being saved for at least 10 years. The 10-year-period starts with the day at which the data has been uploaded to simpleArchive. In case of data migration as a result of a technology change users are obliged to assist, if necessary.
(2) By using simpleArchive users concede the right to RWTH to store the uploaded data as well as access it given the preconditions detailed hereafter.
(3) The data stored by users in simpleArchive may be accessed by RWTH, represented by persons holding the role "Backup-Admin" for the respective organizational unit (hereafter "Backup-Admin") if
a) the employment relationship between the user and RWTH has been terminated;
b) or the user is not available for a period of more than 1 week to access and provide their data stored in simpleArchive themselves;
(4) Easement and author's rights for the stored information remain unaffected.
(5) The storage of personally identifiable information within simpleArchive is forbidden. For archiving personally identifiable information the IT Center service "Archiv" is available.
(6) The names of uploaded files may only contain Latin letters, Arabic numerals as well as the special characters hyphen (-), underscore (_) and dot (.).
§ 6 Liability
RWTH is liable without limitation in case of intent or gross negligence for injury to life, limb or health and according to the provisions of the product liability act.
In case of a slightly negligent violation of a duty that is essential to the purpose of the contract (cardinal duty) the liability of RWTH is limited to the amount of the damage that is foreseeable and typical for this type of interaction.
There is no further liability of RWTH.
The above defined limitations of liability also apply to the personal liability of employees, representatives and entities of RWTH.
§ 7 Availability of simpleArchive
A permanent, uninterrupted and/or unlimited availability of simpleArchive cannot be offered or guaranteed. Maintenance works, security aspects, force majeure or events outside the control of RWTH may lead to the interruption or temporal suspension of the service.
§ 8 Data privacy
The collection and usage of personal information will be conducted in accordance with the relevant data protection regulations. In particular, no personal information will be transferred to third parties without explicit consent.
Upon registration at simpleArchive the following personal information about the user will be transferred and stored to the Identity Management of RWTH.
- First name
- E-mail addresses
- Institute Identification Number(s) ("Instituts-Kennzahl(en)", IKZ)
In case a user is not associated with at least one archived file the user's personal information will be deleted after 2 hours.
§ 9 Miscellaneous
(1) Changes and additions to this contract require the written form. This includes the change or suspension of this clause.
(2) General terms and conditions of the user are not applicable.
(3) This contract underlies the German law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) from April 11, 1980.
(4) Place of performance is Aachen. Exclusive legal domicile is Aachen as long as each party is a merchant or a corporate body under public law or does not have a general legal domicile in Germany.
(5) In case single provisions of this contract are invalid the legal force of all other provisions remains. The parties to this contract will seek to replace the void provision with a valid one, whose commercial meaning is as similar to the void one as possible.