Use policy for REDPOINT by DSC Software AG

§ 1 Scope

DSC Software AG, registered in the trade register of the Amtsgericht Mannheim, Germany under HRB 108089 (“DSC”) creates and maintains the REDPOINT website and other websites, which may be added to REDPOINT from time to time (together “REDPOINT”), on which partners and customers can obtain information about products, services, and other topics available on REDPOINT.

This use policy shall apply to REDPOINT provided on the website redpoint.dscsag.com by DSC Software AG.

§ 2 Consent to the terms

By confirming this use policy, you state that you are authorized to act in the name of your employer (“company”) and to bind it to the terms of this use policy.

§ 3 Authorized users

Usage in the context of the cooperation and / or a contractual agreement with DSC Software AG
1. Every individual supplied with a login to the website redpoint.dscsag.com shall be an authorized user.
2. Disclosing the accesses for usage – irrespective of its form – to third parties shall be prohibited.

§ 4 Terms of use

The materials made available shall only be used for activities in the context of the cooperation / a contractual agreement with DSC Software AG.
You may only upload or download files and documents that you are authorized to share.
You may not upload any confidential and / or security-critical material.
Uploading any third-party material subject to copyright protection is also prohibited.
Downloaded files, provided information and accesses to REDPOINT shall always be treated as confidential.
Logins or access data provided shall never be disclosed to third parties.
Please inform the administrators (webteam@dscsag.com) in case of suspicious activities or deviations from our policy.

§ 5 Users’ responsibilities

REDPOINT by DSC Software AG shall only be used for the purposes stated in §3 and §4. Users shall refrain from any type of misuse of REDPOINT.
Users shall take care to use the existing data and information in a responsible way. Users shall refrain from any impairment and infringement to the extent that these are foreseeable, and to their best knowledge avoid anything that might cause damage to DSC Software AG or other users.
For a safe operation, DSC Software AG may issue policies for certain user groups and, in individual cases, impose conditions and instructions. In particular, users shall be obliged to
1. exclusively work with user IDs that they have been authorized to use; the disclosing of IDs and passwords is not permitted in principle;
2. protect the access to DSC Software AG’s REDPOINT with a password to be kept confidential or by a similar procedure;
3. take precautions to deny unauthorized third parties access to REDPOINT by DSC Software AG; this shall include, in particular, not to use any simple, obvious passwords, to periodically change their passwords and to log off correctly by logging out at the end of their usage;
4. immediately inform the data protection officer, the administrators (webteam@dscsag.com) or DSC Software AG about any possibly safety-relevant incidents that they have gained knowledge of.
The users shall be fully responsible for any action taken under their user ID and this shall also apply, if such action was taken by a third party that they have granted access to at least negligently. In such case, DSC Software AG shall subsequently be entitled to a reimbursement of costs incurred to DSC Software AG due to such users’ misconduct.
The users shall also be obliged to
1. comply with the statutory provisions (copyright protection, copyright) when using software (sources, objects), documentation, and other data;
2. familiarize themselves with the terms and conditions under which software, documentation or data is made available and to comply with such terms and conditions;
3. in particular, not to copy, transfer or use software, documentation and data for other than the permitted purposes, in particular not for commercial purposes, unless explicitly permitted.
Clearly, REDPOINT shall only be used in a lawful way. Reference is made expressly to the fact that the following behavior, in particular, is punishable in compliance with the German criminal code (StGB):
1. Fishing of passwords that they are not authorized to use, spying out and interception of data (§202 a|b|c StGB)
2. Unauthorized modification, deletion, suppression or destruction of data (§303 a StGB)
3. Computer sabotage (§303 b StGB) and computer fraud (§263 a StGB)
4. The circulation of propaganda of unconstitutional organizations (§86 StGB) or the depiction of violence (§131 StGB)
5. The circulation of certain types of pornography on the internet (§§184 ff. StGB), in particular the retrieving or possession of documents with child pornography (§184 para. 1 item 5 StGB)
6. Defamation such as libel or slander (§§185 ff. StGB)
7. Copyright violations, e.g. by an unauthorized duplication of software resp. offering of a film or musical piece (§§106 ff. UrhG (German copyright law))
Users shall be prohibited from making changes to the system without the consent of the responsible system operator.
Users shall be prohibited from taking notice of and / or exploit certain files, documents, messages, etc. for other users.
Users shall coordinate any undertaking relating to the processing of personal data with the system operator prior to the beginning of such undertaking. This does not affect the obligations resulting from the stipulations of the German data protection act.
Users shall be obliged, to
1. Comply with the supplementary terms of use, other policies and guidelines for usage provided by the system operator;
  1. This shall include, but not be limited to - DSC Software AG Privacy Policy
2. Comply with the user and access policy of other operators in communication with the computers and networks of such other operators.
Users shall be obliged to inform DSC Software AG about departing contacts resp. their departure from the registered company to enable DSC Software AG to delete their activated accesses.

§ 6 User liability

Users shall be liable for any disadvantage caused to DSC Software AG by any improper or unlawful usage of REDPOINT and the usage authorization or by the users’ failure to comply with their obligations from the use policy.
Users shall also be liable for any damage caused by an unauthorized usage by third parties, should the users be responsible for such third-party usage, e.g. due to a disclosure of the user ID. In such case, DSC Software AG shall be entitled to demand compensation for such third-party usage.
As far as they can be held liable, users shall indemnify DSC Software AG from all claims upon first request, should a third party assert a claim for damages, forbearance or otherwise against DSC Software AG for users’ improper or unlawful behavior. DSC Software AG will issue a third-party notice to the users, should any third party bring legal action against DSC Software AG.

§ 7 Rights and obligations of DSC Software AG

DSC Software AG shall document the usage authorizations granted, unless having delegated this task to the data protection officer or master user of an institution. In these cases, the data protection officers or master users shall be obliged to properly document and retain the records. DSC Software AG shall at any time be entitled to request information regarding the granted usage authorizations and user status and to inspect the documentation.
In the scope of the subsequent provisions, DSC Software AG shall be entitled to document and analyze the usage of the systems by individual users, however only to the extent that this is required:
1. to ensure a correct system operation,
2. for resource planning and system administration,
3. to protect the personal data of other users,
4. for the settlement of accounts,
5. for the identification and rectification of malfunctions and
6. for the clarification and prevention of unlawful or improper usage.
DSC Software AG shall contribute to the prevention resp. uncovering of improper usage in a reasonable way, in particular by carrying out periodic spot checks. For this purpose, it shall be entitled, in particular, to check passwords and user data and take required protective measures, e.g. modification of easy to guess passwords, to protect the IP infrastructure and user data from unauthorized third-party access. The users shall be informed immediately in case of any modifications required for user passwords, access authorization for user files, and other usage-relevant protective measures.
To ensure a proper system operation, DSC Software AG shall also be authorized to inspect user files, while maintaining confidentiality, to the extent that this is mandatory for rectifying currently existing malfunctions or for clarifying and preventing improper usage. An inspection of files shall only be permitted to the extent that this is essential for rectifying currently existing malfunctions. Such inspection shall always be documented and the users concerned shall be informed immediately once the purpose has been achieved.
DSC Software AG has an obligation to maintain confidentiality with regard to the users.
DSC Software AG may temporarily limit the IP infrastructure usage or temporarily block individual user IDs for operational reasons. To the extent possible, the affected users shall be informed in advance.
Should there be justified indications for a user’s provision of unlawful contents for usage on DSC Software AG’s infrastructure, DSC Software AG shall be authorized to block such user’s access until further notice, until the circumstances have been sufficiently clarified.
DSC may, at their sole discretion, at any time prohibit the users’ present or future usage of REDPOINT, or sections of REDPOINT, or contents and offers published therein, or refuse access, in particular if:
1. users do not comply with a provision of this use policy;
2. users pose as a partner of DSC vis-a-vis a third party without being authorized as a partner within the scope of a valid DSC Partner Agreement, it being understood that this use policy does not entitle users to pose as a DSC partner;
3. users use a logo, a trademark, or other REDPOINT contents without any prior express authorization by DSC to do so.
Should DSC refuse the users’ (further) access to REDPOINT, the right to use REDPOINT content possibly granted to such users shall be forfeited with immediate effect. In this case, the users shall be obliged to immediately irrevocably destroy all copies, reproductions, summaries or excerpts of REDPOINT contents or information based on such content and in the users’ possession, safekeeping, or under their control or in the possession, safekeeping, or under the control of third parties to whom the users have transferred such content or information resp. to ensure their destruction by such third party, unless the users and / or third parties are required by law to keep a copy of such contents for a longer period of time, in which case such destruction shall be carried out at the end of this period of time.

§ 8 Liability of DSC Software AG

DSC Software AG will not provide any warranty, guarantee and liability that the system functions are in compliance with the users’ specific requirements or that the system will run without any failures and interruption. DSC Software AG is not able to warrant resp. guarantee the integrity (with respect to destruction, manipulation) and confidentiality of the data stored at DSC Software AG. Nevertheless, DSC Software AG shall use their best endeavors to provide a high-quality system and service operation.
DSC Software AG shall not be liable for any kind of damage caused to the users by the usage of REDPOINT; this shall not apply to intentional acts and gross negligence by DSC Software AG employees or persons that are used by DSC Software AG to fulfill their tasks.

§ 9 Other provisions

In the event that parts of this use policy should be or become ineffective, this shall not affect the effectiveness of the remaining parts.
The place of jurisdiction for all legal claims and disputes arising from or in connection with the usage relationship shall be Karlsruhe.