Here you will find terms of use for data providers for OpARA and thereby information on the topics of transfer of rights of use, permissible content, archiving of data, publication of data, blocking of access and compensation for damages.
Usage information
Service description
OpARA is an online service for archiving and publishing research data from scientific studies and projects. Operators are the Center for Information Services and High Performance Computing of the TU Dresden and the University Computing Center of the TU Bergakademie Freiberg (hereinafter referred to as service provider). In OpARA, research data can be stored permanently, provided with metadata and made publicly accessible.
Transfer of the rights of use
1. the user transfers to the service provider the simple, temporally unlimited right of use over his uploaded research data with the associated metadata.
2. the user assures that he/she holds the copyrighted rights of use for all parts of the research data and that the rights of third parties, in particular copyrights and personal rights, are not violated with the publication. If alleged or actual infringements of third party rights are asserted, he/she shall inform the service provider immediately. 3.
The User shall indemnify the Service Provider against any claims made by third parties against the Service Provider due to infringements of the User's rights.
Permitted contents
4. only such data may be stored in OpARA, which result from the service relationship of the user.
5. the user is responsible for all contents and other data, which are created or stored in OpARA.
6. it has to be ensured by the user, that the data is free of malicious functions (viruses or similar).
7. no contents and data may be stored in OpARA, the storage, publication or use of which violates criminal law, copyright, trademark and other labeling laws, disregards regulations for the protection of minors or the protection of personal rights and privacy, or offends common decency. Among other things, the posting or sending of content and data of an insulting, defamatory or otherwise defamatory, harassing or threatening nature is prohibited.
Archiving the data
Data and metadata entered in OpARA are archived, i.e. kept unaltered for a long time. The retention period (e.g. 10 years in the sense of the DFG recommendation on good scientific practice) is determined by the user. 9.
9. users are requested to deliver their data in a format suitable for long-term archiving. The service operators will assist in the selection process.
10. the service providers shall make every reasonable effort to archive the data. The service provider cannot be held responsible for loss or damage of the data.
Publication of the data
11. OpARA has an access rights management system that can be used to restrict or release access to data. The publication of data and metadata and thus their availability via the internet is decided by the user.
12. if the research data are published at the instruction of the user,
a) the User grants the Service Provider the right to make the Research Data available to other repositories, archives and aggregators for the purpose of long-term archiving and/or dissemination.
b) the User agrees that the metadata may be published under the Creative Commons Zero (CC0, see creativecommons.org/publicdomain/zero/1.0/) license.
c) the user:in grants a license that regulates the rights of use for subsequent use of the data.
Access
13 Access to OpARA (e.g. for posting data) is regulated via the logins of the service providers or participating universities. Personal data are processed for this purpose. These data will not be used for other purposes. These data will only be transferred to third parties if this is stipulated by law.
The service provider will make every effort to ensure that users have access to OpARA and the data stored there at all times. However, technical or organizational interruptions or limitations of the availability of OpARA cannot be completely excluded.
Blocking, compensation
15. the service provider is entitled to block the access of a user in case of a sufficiently justified suspicion of violations of these terms of use or to remove content or data posted by the user that violate the provisions of these terms of use from the service provider's offer or to block access to it. As a rule, such a measure requires that the user is first given the opportunity to comment on or remedy the violation. Without a prior warning, it is only permissible in urgent cases.
The Service Provider expressly points out that in the event of culpable violations (intentional or grossly negligent) of obligations arising from these Terms of Use, the User may be obligated to compensate the Service Provider for any resulting damages in accordance with the applicable statutory provisions. This also includes claims for damages and reimbursement of expenses by third parties as well as all costs of proper legal representation.