Terms of use for file exchange via software OpenDXM Effective date: 2018.12.10
§ 1 Subject
These conditions are applicable to the free of charge provision of the software OpenDXM (afterwardsnamed „software“) to external contractual partners (afterwards named: Partner) of Robert BoschGmbH or the corporations being related to Robert Bosch GmbH (hereinafter “BOSCH”) for thepurpose of exchanging files.
In case confidential (not public) documents are to be exchanged a Non-Disclosure Agreement has tobe signed between the partner and BOSCH before you up-/download these files.
In case the purpose for the data exchange is to carry out processing on behalf of a controller accordingto Art. 28 GDPR, a respective contract has to be signed additionally.
§ 2 Software
1. Access to the software is via a browser. The software serves the exchange (transfer) of files of all kinds with BOSCH worldwide. The partner is entitled to use this software according to the conditions of their contract with BOSCH (main contract).
2. With the authorization to access the software, the partner obtains the non-exclusive right which is restricted to the period of the main contract or discontinuance according to § 3 section 2 and § 8 section 2 (period of use) limited right, to use the software for the purpose described in § 2 section 1 by browser access
3. The partner is not entitled to assign, transfer or sublicense the software without the prior written agreement of BOSCH.
4. BOSCH is entitled to forbid the partner to use the software if the partner violates the current terms of use.
§ 3
Storage space / Availability
1. BOSCH provides storage space according to its own scope of discretion to use the software. The storage space serves exclusively to use software according to § 2. All transferred files are only provided temporarily. Files not downloaded are automatically deleted from the system after 42 days. Downloaded files are automatically deleted from the system 7 days after the last download.
2. The access to the software and the provision of storage space can be limited or stopped any time by BOSCH. BOSCH does not owe any permanent availability and no specific response or reaction times of the software.
§ 4
Duties of the partner
Outside Germany, there might be restrictions applicable to use the software according to nationallegislation. The partner is obliged to comply with all regulations thereto. Moreover, the partner bears allcosts for taxes, customs duties or other charges, which might occur when the partner uses the softwareoutside Germany.
Terms of use for file exchange via software OpenDXM Effective date: 2018.12.10
§ 5
Changes of these terms of use
BOSCH is entitled to change these terms of use at any time. Changes of these terms of use come intoeffect if the partner explicitly accepts them or if the partner was informed about them via the contactdetails available in the system (see Data Protection Notice) and the partner does not object within 10days. If the partner objects, the service life automatically stops.
§ 6 Warranty and liability
BOSCH does not accept any warranty or liability – except in the case of intent or fraudulent intent –regardless of which legal basis. The aforesaid exemption from liability also applies to tortuous claims orclaims from infringements of duties to protect and maintain safety toward third parties. A possible liabilityfor compensation for damage according to the legal regulations concerning physical damage as well asfor damages concerning the product liability act is not excluded hereby.
§ 7 Nondisclosure
1. The partner will not disclose any confidential information, which was brought to their knowledge during the software usage, or only use these towards third parties when this has been agreed upon before in writing with BOSCH – regardless of what the purpose might be. The confidential information includes in particular the personal data in the search for (choosing) a receiver as well as the details shown in the task view. The transferred files are not covered by this nondisclosure. These files are subject to the confidentiality agreements between the parties arising from the contractual relationship underlying the data exchange, or from a separate Non-Disclosure Agreement between the partner (resp. his company) and BOSCH.
2. The obligations according to section 1 do not apply to information or parts of it where the partner can prove that it
was made legally accessible to them without obligation for confidentiality or
was announced to the public after the date of receipt or generally accessible without the
party receiving the information being responsible for it.
3. Public announcements regarding the cooperation of the parties are only made by mutual consent of both parties.
4. The obligations according to section 1 are applicable beyond the termination of the contract for another 5 years.
5. The partner is obliged to keep the password used confidential in respect of other persons. If the password becomes known, they are obliged to change it immediately.
Terms of use for file exchange via software OpenDXM Effective date: 2018.12.10
§ 8
Additional directions of use
1. Registered partners can exchange files with all registered users of BOSCH. If the partner terminates their employment with their company, they have to inform their local Bosch contact person immediately. A further use of the software is not allowed after the termination of the employment.
2. If the partner does not receive or send files for more than one year, BOSCH checks the reachability of the user based on the contact data stored in the system. If the user is not reachable or if he has not sent / received files for 4 years, the access authorization account of the partner is deleted from the system. A further use of the software is only possible after a re-registration.
3. Depending on the requirements of the BOSCH business division being in contact with the partner, the transferred files and transmission protocol are additionally stored in the division specific file storage as long as there is no conflict with data protection laws.
§ 9 General conditions
1. The courts of Stuttgart, Germany, shall have exclusive jurisdiction and venue insofar as this is legally permissible. BOSCH reserves the right, however, to take legal action at a court with jurisdiction at the registered office or establishment of the partner.
2. The present Terms of Use and all agreements in this respect between BOSCH and the partner shall be governed by German law. The applicability of the UN Convention on Contracts for the International Sale of Goods is explicitly excluded.
3. If a provision should be or become ineffective, the effectiveness of the remaining provisions shall not be affected thereby. In this case the ineffective provision shall be replaced by a permissible provision approximating most closely the economic purpose of the original ineffective provision.
OpenDXM_Terms_Of_Use