(3) USER Account
Upon application and registration as set out below, HPE will provide each USER with one or more USER accounts. These accounts are password protected and can only be accessed by the USER.
To open an account for access to IMDS, the USER must complete the registration process by providing IMDS with current, complete and accurate information as prompted by the applicable registration process. The USER then will receive a User-ID and password.
The USER is exclusively responsible for maintaining the confidentiality of her/his User-ID and password. Furthermore, the USER is entirely responsible for any and all activities that occur under the USER’s account, except activities of any third party outside the USER’s sphere and not attributable to her/him. The USER agrees to notify HPE immediately of any unauthorized use of USER’s account or any other breach of security. Unless provided for otherwise below, HPE will not be liable for any loss that the USER may incur as a result of someone else using USER’s password or account, either with or without USER’s knowledge.
HPE will, within the limitations as set out below, be liable if the unauthorised use is due to HPE’s intentional or negligent conduct.
In the event of negligence or wilful misconduct of the USER, the USER may be held liable for losses incurred by HPE due to someone else using her/his account or password. For the avoidance of doubt, the USER will not be liable for any loss of data caused by any third party outside the USER’s sphere and not attributable to her/him. The USER ensures that within her/his organisation the USER shall not give her/his User ID or/and PW to any other person.