User Agreement for ILIAS at the University of Bern

1. General
   1. This user agreement is governed by the directives «Use of IT Resources at the University of Bern» , in particular, the principles regarding the use of data (section 2) and the regulations concerning misuse and measures in the event of misuse (section 5).
   2. This user agreement is governed by the directives «Data protection in the IT domain at the University of Bern», in particular, the directives regarding «Highly sensitive data» (section 3.1), «Handling data» (section 5), and «General technical principles for IT» (section 6). Please note that the functionalities and tools provided by ILIAS at the University of Bern may not be used to process highly sensitive data or other sensitive personal data (see section 3.2 below) (processing includes any handling of personal data such as obtaining, storing, saving, altering, linking, disclosing or destroying).
   3. This user agreement applies to users of the University of Bern’s ILIAS platform.
2. ILIAS at the University of Bern
   1. The University of Bern provides the web-based open-source software ILIAS (Integrated Learning, Information, and Collaboration System) for teaching and research. ILIAS at the University of Bern aims to enhance research, teaching, and studying. The service is designed to provide optimal support for your research, teaching, and study efforts. To achieve this goal, accompanying research is conducted.
   2. ILIAS at the University of Bern is open to users with access to SWITCH's national “Authentication and Authorization Infrastructure” (SWITCHaai). This includes affiliates of various universities and institutions. Affiliates of the University of Bern can log in using their SWITCH edu-ID.
   3. If you have any questions regarding this user agreement, please contact ilias@unibe.ch. Postal address: University of Bern, Vice-Rectorate Education, iLUB, Support
3. Providing information and materials
   1. In various places in ILIAS, you can create content and upload documents yourself - for example, posts to discussion forums, comments on existing content, or entries on wiki pages.
   2. Please note that highly sensitive personal data or other sensitive personal data may not be published, exchanged, or stored on ILIAS, e.g., lists of private addresses, lists of candidates for resit exams, exam results, job application documents, medical information, etc. If in doubt, please contact info.ilub@unibe.ch.
   3. he materials you provide in courses, groups, etc., can be viewed and checked by the platform administrators at any time without your explicit permission. Materials uploaded to the University of Bern’s ILIAS that violate legal provisions will be removed.
   4. You are responsible for backing up your data. The University of Bern is in no way liable for lost data or any resulting damages or consequential damages. The University of Bern only carries out disaster recovery (emergency recovery) in the event of server damage.
4. Property rights and intellectual property rights
   1. By agreeing to this user agreement, you explicitly acknowledge that the University of Bern’s ILIAS contains information, texts, software, images, videos, graphics, sound, and other materials that are protected by property and intellectual property rights (e.g., by copyright, trademark or patent protection). In addition, by agreeing to this user agreement, you explicitly acknowledge that you only receive non-exclusive usage rights to the materials on the University of Bern’s ILIAS, not ownership rights.
5. Use of information and materials on ILIAS at the University of Bern
   1. The use of information and materials is subject to federal and cantonal intellectual property and data protection laws. Users are personally responsible if they upload copyrighted works to the University of Bern’s ILIAS and make them available to third parties.
   2. The right of use for the University of Bern’s ILIAS, granted with this agreement, is personal to you and is neither transferable nor exclusive. As a user, you can download materials accessible to you through the University of Bern’s ILIAS for personal and non-commercial use.
   3. ou agree not to duplicate, use, sell, transfer, or publish the materials from the University of Bern’s ILIAS for other purposes or to make them available to unauthorized third parties.
   4. University of Bern's ILIAS for teaching, studying, and research (e.g., in seminar papers, presentations, and articles) within the institutions that have access to the University of Bern's ILIAS via SWITCHaai. This is subject to each use of materials from the University of Bern's ILIAS being identified adequately with a correct citation.
   5. The aforementioned permission does not cover social media distribution, newsgroup postings, mailing lists, or other electronic distribution channels outside the University of Bern's ILIAS environment.
   6. f materials from the University of Bern's ILIAS platform are used for purposes other than those listed here, you must contact the rightful copyright holders of the material in question.
6. Using the mailing system
   1. The internal mail system of the University of Bern's ILIAS may not be used for advertising.
7. About this user agreement
   1. This user agreement can be viewed anytime via the login page or the legal notice on the University of Bern's ILIAS platform.
   2. The Support Center for ICT-Aided Teaching and Research at the University of Bern is authorized to amend any part of this user agreement at any time. Amendments take effect as soon as the University of Bern has published them online. Each revised user agreement will be presented for acknowledgment when you log in to the University of Bern's ILIAS. By accepting the amended user agreement, the user is obliged to comply with the provisions of the amended user agreement.
8. Alteration of the service
   1. The Support Center for ICT-Aided Teaching and Research at the University of Bern can change or discontinue parts or certain functions of the service at any time. The University of Bern may restrict the use of and access to the University of Bern's ILIAS services and limit the duration and extent of use. The University of Bern aims to keep downtime to a minimum and to ensure that all functions are available at all times. However, there is no legal entitlement to the availability of the University of Bern's ILIAS services at all times.
9. Login credentials
   1. You are responsible for any use of the ILIAS services at the University of Bern that occurs using your credentials (username and password). You must ensure that your password, in particular, is protected against unauthorized use. If you suspect or become aware of any misuse of your access data, you must notify the Support Center for ICT-Aided Teaching and Research at the University of Bern immediately. The University of Bern reserves the right to hold the responsible user liable in case of damage.
10. Warranty and compensation claims
    1. he University of Bern's ILIAS functions are provided on an “as is” and “as available” basis. There is no warranty. Compensation claims arising from the use or inability to use the University of Bern's ILIAS are ruled out.
    2. You explicitly agree that using materials from the University of Bern's ILIAS is at your own risk. This includes the potential risk of downloading files that may contain viruses and cause damage to your computer and consequential damage through your computer. You are responsible for ensuring that your computer is adequately protected (e.g., using a virus scanner).
    3. Neither the provider nor the developer is liable for any damages resulting from using the University of Bern's ILIAS platform.
    4. The University of Bern is not responsible for any content published in discussion forums, uploads, or emails within the University of Bern's ILIAS.
    5. The University of Bern is not responsible for the content of links to third-party websites provided on the University of Bern's ILIAS platform or any other linked content that is not hosted by the University of Bern.
11. Accompanying research
    1. All your activities within the University of Bern’s ILIAS platform are logged.
    2. By accepting this user agreement, you consent to possible analysis of the logged data by researchers.
    3. Results from this accompanying research will only be published in aggregated and anonymized form.
12. Compulsory matriculation for degree-related courses
    1. Please note that joining an ILIAS course only entitles you to attend the course or take the exam only if you are properly enrolled or registered (see Art. 6 para. 3 UniV: «Wer nicht immatrikuliert oder registriert ist, darf keine Leistungen der Universität beanspruchen, namentlich weder Lehrveranstaltungen besuchen noch Leistungskontrollen ablegen.»)