Terms of use for access authorization for the platform MaterialDigital (PMD)

The platform MaterialDigital is a project funded by the German Federal Ministry of Education and Research (BMBF) in the field of digitization of materials science and materials engineering with the aim of establishing a virtual materials data space. To this end, contributions from all sectors involved in materials development and processing are to be brought together. Key points are the development of agreements on material data structures and interfaces, which will be implemented in concrete software tools and offer users of the MaterialDigital platform easy access and concrete added value in their own projects. The MaterialDigital platform thus achieves a broad impact. Concrete research data and research content from specific collaborative research projects can be made publicly accessible via the MaterialDigital platform. The IT infrastructure required for this is being set up and made available at KIT.

1. Subject matter and scope of these Terms of Use

KIT operates a web service under material-digital.de, hereinafter referred to as Platform MaterialDigital (PMD). The PMD is accessed via a central single sign-on (SSO) authentication service. Registered users from the BMBF-funded MaterialDigital initiative as well as from materials science and industry can access the following services.

1. Website The website is for general information about PMD. It has an internal download area where current information is shared. A newsletter can be subscribed to via the website, which will be sent by email. A function for automated registration to PMD events is also integrated.
2. Workflow Services (1) PMD provides access to a test server containing the Pyiron and SimStack workflow environments according to the terms below. KIT shall provide you with access to the SimStack workflow environment in accordance with the terms below. KIT provides access to the workflow environment Pyiron according to the BSD3-clause-license, see attachment. (2) The aim is to give users the opportunity to test these workflow environments with regard to their usability for their own projects. The use of a workflow requires user-side components (graphical user interface, SimStack client), server-side components to control the workflow (jupyter server, Simstack server components) and application software on the KIT server.
3. PMD Store PMD offers access to a service called PMD Workflow Store, where workflows and Jupyter notebooks as well as tools and scripts are made available for upload/download. Every user of PMD has the possibility to share his own free and open-source workflows, Jupyter notebooks, tools, scripts or free and open-source software here.
4. Materials Data Space The PMD offers access to material data in a material data space. The PMD provides access to a Wikibase instance in which the PMD Materials Data Space is built. This material data space contains the MaterialDigital Core Ontology, which is continuously extended. In addition, KIT provides one or more databases of material data identified on the website (www.materialdigital.de).
5. PMD Server Instance PMD offers the possibility to instantiate the PMD central server according to the license conditions below and to operate an own decentralized PMD server. This allows users to integrate their own material data and resources and make them discoverable and accessible to other users by linking them to the central server. The underlying software for the PMD Server uses tools from the International Data Space (IDS) and is not open-source in all parts. Optional components of the PMD Server are subject to separate licensing terms. The technical specifications for setting up a PMD Server instance are summarized in the Deployment Guide, see Appendix. To connect the PMD instance to the central server, a certificate is required that contains information about the owner.

These Terms of Use govern the rights and obligations of users in connection with the use of the PMD and all programs, services and data available therein, as well as the rights and obligations of the Karlsruhe Institute of Technology (KIT) as operator of the platform. The current version of these Terms of Use applies, which will be made available to you when you register for the PMD. In the event of changes to the Terms of Use, you will be asked to click on "Accept" again when logging in.

2. Provision of Access

(1) KIT provides the User with access to the PMD for the duration of the Material Digital project for free use for the User's participation in funded projects in connection with the call for proposals MaterialDigital (BMBF call for proposals dated 20.08.2019) as well as for other, non-commercial purposes within the scope of the available resources. The resources available in each case are deposited on the website www.materialdigital.de. (2) The provision of access depends on the respective technical and operational possibilities of KIT. There is no claim to a (continuously) functioning PMD. (3) Furthermore, KIT does not guarantee that access to the PMD can be used without disturbances or interruptions. Nor can minimum transmission speeds be guaranteed. (4) KIT reserves the right to modify, restrict or discontinue access to the PMD without prior notice in case of necessary technical repair and maintenance work. (5) There is no claim that certain services can be used via the PMD server. (6) There is no right to use the PMD. KIT is free to restrict or discontinue access to the PMD at any time without giving reasons.

3. Access and Use

(1) The prerequisite for use is that the user registers in advance for use of the PMD and accepts the validity of these Terms of Use at the beginning of use of the PMD. This can be done via a retrievable registration form. By registering in the PMD through the acceptance click on the website, the user accepts these Terms of Use, as well as all other operating rules and applicable guidelines of KIT. (2) For the use of the PMD the KIT Digital Information Processing and Communication Regulations (IuK Regulations) apply, see attachment. (3) For the use of the PMD, the provisions of the Foreign Trade and Payments Act (AWG) and the Foreign Trade and Payments Ordinance (AWV) shall be observed, see Annex. https://www.bafa.de/DE/Aussenwirtschaft/Ausfuhrkontrolle/Academia/academia_node.html

4. Access Data

(1) If you have provided login data (e.g. user name, password, e-mail, etc.) in the course of registration, you must keep them secret and not make them accessible to unauthorized third parties. The password guidelines of KIT apply, see: https://www.scc.kit.edu/dienste/4319.php. (2) If you have received registration data, you must ensure that access to and use of the PMD with your user data is exclusively by you as the user. If facts exist that give reason to believe that unauthorized third parties have gained or will gain knowledge of your access data, you must inform KIT immediately. (3) As a user, you are liable for any use and/or other activity carried out under your access data in accordance with the statutory provisions.

5. Obligations of the Users

(1) Users are obligated to truthfully provide any information that is required in the context of using the service. (2) Users are obligated to comply with applicable laws and in particular copyright law when using the PMD. (3) Users are obliged to use the workflow environments in compliance with the available resources. The resources available in each case are stored on the website www.materialdigital.de. (4) Further obligations resulting from other provisions of these terms of use remain unaffected. (5) If you create an account on the PMD, you are responsible for maintaining the security of your account and are responsible for all activities that occur under that account. You must notify KIT immediately of any unauthorized use of your account or any other breach of security. (6) If you believe that any material located on or linked to the PMD Server infringes your copyright, you are encouraged to notify us. (7) We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor's access to, and use of, PMD if, under appropriate circumstances, the visitor is determined to be a repeat infringer of copyright or other intellectual property rights.

6. Intellectual Property

This Agreement does not transfer from KIT to you any KIT or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with KIT.

All trademarks, service marks, graphics and logos used in connection with the PMD are trademarks or registered trademarks of KIT or its licensors. Other trademarks, service marks, graphics and logos used in connection with the PMD may be the trademarks of other third parties. Your use of the PMD grants you no right or license to reproduce or otherwise use any of our or any third party's trademarks.

You are responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The PMD may contain technical inaccuracies, typographical errors, and other mistakes. KIT disclaims any responsibility for any harm resulting from the use by visitors of the PMD, or from any downloading by those visitors of content there posted.

I. Use of Workflow Services and PMD Store

• (1) KIT transfers to the User a free, non-transferable, non-sublicensable license to use the SimStack Client on the KIT SimStack Server and links to download Pyiron. By using the SimStack workflow environment, the user accepts the End User Agreement for the Use of SimStack (EULA) attached. By using the Pyiron workflow environment, the user accepts the End User Agreement for the use of Pyiron (PMD-EULA) in the appendix.
• (2) Users must ensure that they have a valid license to run the application software in the workflow environment they use.

II. Provision of Software for Use in the PMD

• (1) The User transfers to KIT a perpetual, free of charge, transferable, easily sublicensable license for the use of provided software.
• (2) The user declares that he is authorized to grant this license.
• (3) The providing party declares that the software is free of third party rights.
• (4) The providing party declares that the use of the software does not violate these terms of use.

III. Provision of Material Data by KIT

• (1) KIT grants Users a free, non-transferable, non-sublicensable license to transfer and store the material data provided in the PMD.
• (2) Users must cite the source as in the listing of the data set at www.materialdigital.de when publishing the use of the material data.
• (3) KIT does not guarantee the accuracy, correctness, usefulness and completeness of the material data. Use is at the user's own responsibility.

IV. Provision of Third Party Data

• (1) By uploading the material science data into the area intended for general use, the User grants KIT all necessary licenses to make them available to third parties in accordance with the provisions on the use of material data in §6, III.
• (2) The User declares that he is authorized to grant these licenses.
• (3) The User grants KIT the right to aggregate the provided Material Data in databases at its own discretion.
• (4) The providing party declares that, unless otherwise explicitly agreed, the source of the Material Data may be cited as in §6, III.
• (5) Each user is free to add research results in the form of partial ontologies to the PMD Core Ontology provided that they are compatible with the existing components of the PMD Core Ontology. These contributions are subject to review by PMD, there is no right to publication.
• (6) If the user submits material data to PMD, the user is responsible for the content and damages resulting from this content. These contributions are subject to review by PMD, there is no claim to publication.
• (7) By submitting, the user declares and guarantees the following:
  • Use of the Material Data does not infringe the proprietary rights, including but not limited to copyright, patent, trademark or trade secret of any third party;
  • if User's employer has rights in the intellectual property it has created, User has either (i) obtained permission from its employer to publish or make available the Content, including but not limited to (ii) secured from its employer a waiver of all rights in or relating to the Content.
  • User has fully complied with all third party licenses with respect to the Material Data and has done everything necessary to successfully pass on all required terms to end users;
  • the Material Data does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
  • That the Material Data is not spam, is not machine-generated or randomly generated, and does not contain unethical or unsolicited commercial content intended to drive traffic to, or improve search engine rankings of, third-party websites, or to further illegal activities (such as phishing), or to mislead recipients as to the source of the Material (such as spoofing).

7. Amendments

(1) KIT reserves the right, at its sole discretion, to modify or replace any part of this Agreement. KIT will notify users by mail to the address provided in the registration 4 weeks prior to any changes to the Terms of Use. (2) Your continued use of PMD or access to the site of any changes to this Agreement after this period constitutes acceptance of those changes. New services and/or features may also be offered through the PMD in the future (including, the release of new tools and resources). Such new features and/or services will be subject to these terms and conditions.

8. Prohibited actions

As a user, you are prohibited from any actions when using the PMD that violate applicable law, infringe the rights of third parties, or violate the principles of KIT. In particular, the following actions are prohibited: * the posting, dissemination, offering and advertising of pornographic content, services and/or products that violate youth protection laws, data protection laws and/or other laws and/or are fraudulent; * the publication or making available of content that insults or defames other participants or third parties; * the use, provision and distribution of content, services and/or products that are protected by law or encumbered with third-party rights (e.g. copyrights) without being expressly authorized to do so; * the making available to the public of works protected by copyright or other acts in violation of copyright, in particular when using so-called "Internet file-sharing networks" or file-sharing services. Furthermore, also irrespective of any violation of the law, when posting own content on the Service Provider's website and when communicating with other Users (e.g. by sending personal messages, by participating in discussion forums, etc.), the following activities are prohibited: * the transmission of above-average amounts of data exceeding 2 GB and, in particular, the sustained transmission of such amounts of data; * the distribution of viruses, Trojans and other harmful files; * the distribution of lewd, offensive, sexually oriented, obscene or defamatory content or communication, as well as content or communication that is likely to promote or support racism, bigotry, hatred, physical violence or illegal acts (in each case explicitly or implicitly); * soliciting other users or third parties to disclose passwords or personal data for commercial or unlawful purposes. Also prohibited is any action that is likely to impair the smooth operation of the PMD, in particular to place a disproportionately high load on the relevant systems.

9. Blocking of Access

(1) Your access to PMD may be blocked temporarily or permanently at any time if there is concrete evidence that you are violating or have violated these Terms of Use and/or applicable law, or if there is any other legitimate interest in blocking you. (2) KIT shall have the right (but not the obligation), in its sole discretion, to (i) refuse or remove any Content that we determine violates any policy or is in any way harmful or objectionable. (3) Your access to all or any part of PMD may be terminated at any time, with or without cause, with or without notice, effective immediately. (4) If you wish to terminate this Agreement or your account (if you have one), you may either discontinue your use of the PMD and/or cancel your registration and delete any stored information. All provisions of this Agreement that by their nature should survive termination shall survive termination, including but not limited to ownership provisions, disclaimers, indemnities, and limitations of liability.

10. Release from Liability

(1) As a user, you are responsible for all actions you take in connection with the use of the PMD. (2) You shall indemnify KIT upon first demand against all claims asserted by third parties against KIT due to a violation by the User of statutory provisions, of third party rights (in particular personal rights, copyrights and trademark rights) or of contractual obligations, representations or warranties, and based on your actions, including the costs of necessary legal defense (attorney's fees and court costs in the statutory amount). (3) In the event of the assertion of claims within the meaning of Section 11 (2), you shall be obliged to cooperate immediately and fully in the clarification of the facts and to provide us with the information required for this purpose in a suitable manner. (4) The PMD is provided "as is". KIT and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither KIT nor its suppliers and licensors, makes any warranty that the PMD will be error free or that access thereto will be continuous or uninterrupted. You acknowledge that you download or otherwise obtain content or services from the PMD at your own discretion and risk.

11. Limitation of Liability

(1) The use of the PMD is at the user's own risk. (2) The liability of KIT is limited to property damage and financial loss caused by intent and gross negligence. (3) Notwithstanding para. 2, KIT shall be liable for intent and negligence in case of breach of essential contractual obligations. Material contractual obligations are obligations that protect the legal positions of the contracting parties that are material to the contract and that are to be granted to them in accordance with the content and purpose of the contract. Furthermore, essential contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner could regularly rely. (4) In deviation from Paragraph 3, in the event of a breach of essential contractual obligations due to simple negligence, liability shall be limited to foreseeable damages typical for the contract. (5) The exclusions and limitations of liability shall not apply to claims under the Product Liability Act, to claims based on fraudulent conduct, to liability for guaranteed characteristics and to claims based on injury to life, limb or health. They shall also apply to the employees, bodies, organs and vicarious agents of KIT.

12. Data Protection

(1) When handling personal data, Users undertake to act responsibly and in accordance with the relevant data protection regulations (in particular those of Regulation [EU] 2016/679 (General Data Protection Regulation (DS-GVO), Federal Data Protection Laws and the Data Protection Laws of the State of Baden-Württemberg). This also applies if personal data is processed outside of the platform (for example, if corresponding documents were downloaded via a download function). * The obligation includes in particular: rights of third parties must not be violated * the provision of personal data should be appropriate to the purpose and limited to what is necessary * personal data of other users may not be processed in a different context, for a different purpose and / or outside the European Union without their express consent. Any forwarding to unauthorized third parties must be avoided. (2) Users undertake to provide such assistance as may reasonably be required to ensure compliance with data protection requirements. (3) Specific information about KIT's data processing can be found on the PMD website under "Privacy Policy" (https://www.material-digital.de/datenschutz/).

13. Final Provisions

(1) The law of the Federal Republic of Germany shall apply, whereby the validity of the UN Convention on Contracts for the International Sale of Goods is excluded. (2) If you are a merchant, a legal entity under public law or a special fund under public law, our registered office shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship. (3) Should individual provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions. (4) This Agreement constitutes the entire agreement between us and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive or by the posting of a revised version. Subject to applicable law, if any, or as otherwise provided in this Agreement, any access to or use of the PMD shall be governed by the laws of the Federal Republic of Germany.