Terms of use for documents

1. The object of these terms of use (hereinafter “Agreement”) is transferring the Right of Use of the documents included on the invoice (hereinafter “Invoice”) issued by the NPO Estonian Centre for Standardisation and Accreditation (reg nr 80120020) and determining the terms of use.

2. The Invoice is an integral part of the Agreement. By paying the Invoice, the Transferee of the Rights of Use will accept the terms of this Agreement. The Transferee of the Rights of Use will pay the Issuer of the Rights of Use for the right of use of the documents that serve as the object of the Agreement, according to the amount and payment terms shown on the Invoice.

3. The Agreement will use terms with the following meanings:
3.1 issuer of the rights of use – non-profit association Estonian Centre for Standardisation and Accreditation (EVS);
3.2 transferee of the rights of use – the document user;
3.3 electronic document – a standard, standard-like document, amendment or corrigendum, saved in PDF format, with the details of the transferee (hereinafter “Electronic standard”);
3.4 paper document – a standard, standard-like document, amendment or corrigendum, in paper format, with the details of the transferee (hereinafter “Paper standard”);
3.5 copy – a complete or partial reproduction of a document in any format or made in any way; saving the Electronic Standard to several places is also considered a copy and the same applies to forwarding the Electronic Standard outside the institution or making it available in public servers or on public websites;
3.6 backup – a copy, the purpose of which is to protect from accidental destruction or loss;
3.7 internal purpose – using the document personally or for performing the activities included in the organisation’s statute by the organisation’s employees or private persons who have concluded an agreement with the organisation.

4. The proprietary copyright of documents, including the right of distribution and reproduction, will belong to the Issuer of the Right of Use as established by the Copyright Act.

5. The Transferee of the Rights of Use will have the right to use the Electronic Standard according to the number of licenses noted on the invoice and in the standard:

5.1 upon using an Electronic Standard with a single-user license, you need to note the following:
5.1.1 an Electronic Standard purchased with a single-user license is protected against illegal use with the FileOpen software encryption and the user’s device requires a relevant software (FileOpen) to view the standard. The software can be downloaded online for free;
5.1.2 an Electronic Standard with a single-user license can be opened only with Adobe Acrobat Reader which is available online for free;
5.1.3 an Electronic Standard can be saved and opened in one device, in which the Electronic Standard is initially opened. An Internet connection is required the first time you open it;
5.1.4 a backup and 2 printouts can be made from an Electronic Standard;
5.1.5 it is prohibited to reproduce an Electronic Standard in any other way or forward it in any other format or any other way that has not been described in clauses 5.1.3 and 5.1.4. Above all, copies may not be made of an Electronic Standard (except a backup), an Electronic Standard may not be copied elsewhere other than the user’s device, nor can an Electronic Standard be made available on public websites and in public servers.

5.2   When using an Electronic Standard with a multi-user license, one must note the following:

5.2.1 an Electronic Standard can be used in the assigned number of devices. In addition, an Electronic Standard bought with a multi-user license can be saved either into a number of devices determined by the license or in the internal network or server, in which an Electronic Standard can be used by a set number of users;

5.2.2 a backup can be made from an Electronic Standard or an Electronic Standard could be saved on some other data medium or device to be used for an internal purpose;

5.2.3 for internal use, an Electronic Standard can be printed out for a number of times determined by the license;

5.2.4 it is prohibited to transmit and reproduce an Electronic Standard in a manner other than those designated in clauses 5.2.1-5.2.3. Primarily, it is prohibited to transmit an Electronic Standard and make it available on public websites or in public servers, which other users who have not purchased a license can access.

6. The Transferee of the Right of Use will have the right to use a Paper Standard for internal purposes.

6.1 It is prohibited to make any kind of complete or partial copies from a Paper Standard with the purpose of distribution.

7. The use of the terms and definitions in the standard in a way other than for internal purposes is permitted with the written permission of the Issuer of the Rights of Use. The permission must be requested from the Issuer of the Rights of Use in a written form to the address info@evs.ee.

8. The Transferee of the Right of Use will be obliged to:
8.1 use the standards serving as the object of this Agreement in accordance with the Agreement and the Copyright Act;
8.2 not transfer or give the standards to third parties;
8.3 not disclose the username and password that allows access to the standards serving as the object of the Agreement to third parties. The Transferee of the Right of Use will be liable for all actions performed using their username and password.

9. The Issuer of the Right of Use will have the right to check the performance of the Agreement and to issue a written complaint to the Transferee of the Right of Use if clause 7 of the Agreement is violated.

10. If the Transferee of the Right of Use violates the obligation established by clause 7 of the Agreement and the violation has not been remedied within 5 calendar days from receiving the complaint, the Issuer of the Right of Use will have the right to unilaterally terminate the Agreement with a written notification.

11. The Issuer of the Right of Use will be obliged to:
11.1 make the Electronic Standards bought by the Transferee of the Right of Use accessible to the latter within 2 working days after receiving the amount determined on the Invoice on the Issuer’s current account;
11.2 in case of any problems arising from issuing Electronic Standards, provide the ordered service to the Transferee of the Right of Use or, if this becomes impossible, with a consent from the Transferee of the Right of Use, replace it with an equivalent or refund the advance payments for the service made by the Transferee of the Right of Use.

11.3 forward the Paper Standards bought by the Transferee of the Right of Use, depending on the transport method, within 2 working days after receiving the amount determined on the Invoice on the Issuer’s current account;
11.4 not disclose to third parties information requested from the Transferee of the Right of Use for the purpose of concluding the Agreement. The Issuer of the Right of Use will have the right to divulge information concerning the Transferee of the Right of Use under the terms specified by law.

12. The proper or improper execution of obligations arising from the Agreement will not be considered a violation of the Agreement if this has been caused by unforeseen, involuntary circumstances – force majeure. In addition to the usual terms considered as force majeure, the parties will also consider technical issues involving the computer system to be force majeure if the Issuer of the Right of Use cannot thereby perform their contractual duties. The performance of the Agreement will be suspended for the duration of the term of force majeure.

13. Upon terminating the Agreement, the Transferee of the Right of Use will be obliged to delete or in some other way ensure that the standards in any format, used by them, including copies and backups will not be used further within 3 (three) working days from the termination date by sending a relevant written notification to the Transferee of the Right of Use confirming such actions.

14. Upon transferring the proprietary rights and the right of ownership of the documents that serve as the object of the Agreement to some other party, this Agreement will remain valid.

15. In case of any issues that are not regulated with the Agreement, the Parties will follow the valid legislation of the Republic of Estonia.

16. Disputes that arise upon executing and terminating the Agreement will be resolved with negotiations. If an agreement is not reached, a court will settle the dispute.

17. If some provision of the Agreement is invalid or become invalid or inapplicable, the validity of other provisions will remain unchanged.