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Terms and conditions for using electronic documents

1. The object of this contract for the use of electronic documents (hereinafter “Contract”) is making the electronic documents indicated on an invoice issued by the Estonian Centre for Standardisation (hereinafter “Invoice”) available to the assignee of the Right to Use and specifying the terms and conditions of use.

2. An Invoice is an integral part of the Contract. By paying an Invoice, the assignee of the Right to Use accepts the terms and conditions of this Contract. The assignee of the Right to Use shall pay the granter of the Right to Use for the Right to Use the documents subject to this Contract as per the amount and the terms and conditions indicated on the Invoice.

3. For the purpose of the Contract:

3.1 “granter of the Right to Use” means the non-profit association Estonian Centre for Standardisation (Eesti Standardikeskus MTÜ) (EVS);
3.2 “assignee of the Right to Use” means a party ordering an electronic document;
3.3 “electronic document” means a standard or a standard-like document saved in the PDF format and bearing specifications of the assignee of the Right to Use;
3.4 “copy” means a reproduction of the whole or a part of the document in any format or by any means whatsoever; considered as the making of a copy are also the saving of a document electronically in multiple locations, the transmitting of an electronic document by e-mail or its being made available on an intranet with multiple users or on public servers or webpages;
3.5 “back-up copy” means a copy, the purpose of which is to protect a document against accidental destruction or loss;
3.6 “internal purposes” means the use of a document for private use or for internal work at an organisation for the performance of activities under or described in it by the organisation’s employees or private individuals in contractual relations with the organisation.

4. Intellectual property rights to electronic documents, including distribution and the right to reproduce, shall be held, in accordance with the Copyright Act, by the granter of the Right to Use.

5. The assignee of the Right to Use shall be entitled to use a document in accordance with the number of licences indicated on the invoice and document:

5.1 The use of a document acquired under a single licence shall be guided by the following:
5.1.1 in order to avoid illegal copying and distribution of standards, singel-licence electronic documents are encrypted with FileOpen software. To view those documents it is necessary to have a specific FileOpen plug-in installed to the users computer. FileOpen software can be download from the internet for free;
5.1.2 singel-licence electronic standard can be opened only on one computer and that is the computer on which the file is opened for the first time. Internet connection is needed when opening a document for the first time;
5.1.3 a back-up and two printouts may be made from the document for internal purposes;
5.1.4 reproduction of the document in a manner other than designated in the clauses 5.1.2 and 5.1.3, saving it in an electronic system and transmitting it in any format or manner whatsoever is prohibited. Above all, no copies must be made of the document, nor must the document be saved anywhere except on the user’s computer, transmitted by e-mail, made available on an intranet or servers, public webpages or public servers.

 
5.2 The use of a document acquired under an intranet licence shall be guided by the following:
5.2.1 the electronic version of the document may be viewed simultaneously only on the number of workstations designated in the licence. Among other things, a document acquired under an intranet licence may be saved either:
  • on the number of stationary computers indicated on the licence or;
  • on the intranet or internal server where the number of simultaneous users of the document is limited to the number of users designated on the licence;
    5.2.2 it is permitted to make a back-up copy of the document or save the document on another data medium intended for use for internal purposes;
    5.2.3 the number of printouts designated on the licence may be made of the document for use for internal purposes;
    5.2.4 it is prohibited to transmit and reproduce the document in a manner other than those designated in clauses 5.2.1–5.2.3. Above all, it is prohibited to transmit the document by e-mail, make it available on public homepages or servers accessible also by others, other than internal users at the organisation that has acquired the licence.

    6. The assignee of the Right to Use hereby undertakes to:
    6.1 use the documents subject to the Contract in accordance with the Contract and the Copyright Act;
    6.2 neither transfer nor make documents available to third parties;
    6.3 not disclose to unauthorised persons the user name and password enabling access to the documents, subject to their Contract. The assignee of the Right to Use shall be responsible for all operations carried out under its user name and password.

7. The granter of the Right to Use shall be entitled to check on the performance of the Contract and present the assignee of the Right to Use with a written complaint if it is detected that the assignee of the Right to Use has breached clause 6 of the Contract.

8. If the assignee of the Right to Use breaches the obligation provided in clause 6 of the Contract and the breach has not been eliminated within 5 calendar days of receipt of a complaint, the granter of the Right to Use shall be entitled to terminate the Contract unilaterally by presenting a written notice.

9. The granter of the Right to Use hereby undertakes to:
9.1 make the electronic documents ordered available to the assignee of the Right to Use within 3 business days after the amount indicated on the Invoice has been deposited in the bank account of the granter of the Right to Use;
9.2 in the event of potential problems when electronic documents are issued, provide the service ordered to the assignee of the Right to Use or, should this prove impossible, provide, subject to the consent of the assignee of the Right to Use, an equivalent replacement or refund to the assignee of the Right to Use any advance payments made for the service;
9.3 not disclose to third parties any information on the assignee of the Right to Use requested for the purposes of the conclusion of the Contract. The granter of the Right to Use shall be entitled to provide information on the assignee of the Right to Use on the terms specified by law.

10. The non-performance of obligations under the Contract or their unsatisfactory performance shall not be deemed a breach of the Contract if this has been caused by unforeseeable circumstances beyond the intentions of the Parties – by force majeure. In addition to circumstances commonly understood to constitute force majeure, the Parties shall understand force majeure also to include the occurrence of technical problems in a computer system as a result of which the granter of the Right to Use is unable to perform its obligations under the Contract. The performance of the Contract shall be suspended for the duration of force majeure.

11. When the Contract is terminated, the assignee of the Right to Use shall delete or ensure in some other manner the end of the use of the documents, also copies and back-up copies, that have been available to it within 3 (three) business days of the date of the termination of the Contract, sending the granter of the Right to Use a written notice confirming the execution of the relevant operations.

12. If the intellectual property rights and the right of ownership to the electronic documents subject to the Contract transfer to another party, this Contract will remain in effect.

13. On issues not regulated by the Contract, the parties shall be guided by the applicable legislation of the Republic of Estonia.

14. Any disputes arising from the performance and termination of the Contract shall be resolved by means of negotiations. Failing to reach agreement, the dispute shall be resolved in court.

15. If a provision in the Contract is or becomes null and void or inapplicable, this shall not affect the applicability of other provisions.

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