5.1 Subject to the remainder of this clause 5, HIS grants the Provider and its Authorised User(s) access to the RDP tools as may be required for creating, editing and publishing its Content on the RDP.
5.2 To obtain an account, a representative of the Provider needs to request a RDP toolkit from the RDS team using the RDS Standard Operating Procedures and request form provided. If the request is accepted by the RDS team, the team will set up an account for the Authorised User.
5.3 An Authorised User creates an account by providing an acceptable email address, and creating a password. The Provider is responsible for advising the RDS team of any changes to the account information of any Authorised User.
5.4 The Provider is responsible for all activities that occur under the accounts of its Authorised User(s), including activities of others to whom an Authorised User has provided their account information.
5.6 Where an Authorised User is provided with a password or any other piece of information as part of their account, the Provider must ensure that the Authorised User treats such information as confidential. The Authorised User must not disclose it to any third party.
5.7 HIS have the right to disable any Authorised User password, whether chosen by the Authorised User or allocated by HIS, at any time, if in HIS’ reasonable opinion the Authorised User has failed to comply with any of the provisions of these terms and conditions.
5.8 HIS is not liable for any loss or damage sustained by a Provider that arises from any failure by the Provider or its Authorised User to provide HIS with accurate information or to keep account information secure.
5.9 If the Provider, or its Authorised User, discovers any unauthorised use of account information or suspects that anyone may be able to access private Content, they should immediately change the relevant password and notify the RDS team at [insert].
5.10 Once one or more Authorised User accounts are created, HIS grants the Provider limited access to use the RDP subject to these terms and conditions, until terminated in accordance with clause 6 below.
5.11 The Provider and any Authorised User granted access to an RDP account agrees to comply with the RDP guidance and RDP Standard Operating Procedures. These include management of the Content lifecycle, help and support arrangements, user testing and risk management, and compliance with Medical Device Regulations where required.
5.12 The rights in the RDP software, including all intellectual property rights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these terms and conditions. The Provider agrees, and shall procure its Authorised User’s agreement, not to modify, create derivative works of, decompile or otherwise attempt to extract source code from any RDP software, unless expressly permitted to do so under an open source licence or where HIS has provided express written permission to do so.
5.13 HIS may, but are not obligated to, monitor, edit or remove any Content for any or no reason at any time. HIS are not responsible, however, for any delay or failure in removing any Content. The Provider hereby agrees that HIS has the right to elect not to accept, post, store, display, publish or transmit any Content, and to remove any Content from the RDP, at its sole discretion. This situation may arise, for example, if the Provider breaches these terms and conditions. This may include failing to comply with the RDP Standard Operating Procedures, such as ensuring that Content is consistent with validated guidance and evidence.