1. Licensee: Hereinafter, the Client or beneficiary will be referred to as the "Licensee”.
2. Licence: AENOR guarantees that it has the right to grant a User Licence for the use of normative documents in electronic format (hereinafter, the "Licence") to the Licensee.
2.1 The rights for use of the content of the Licence belong, exclusively, to AENOR.
2.2. AENOR holds and will hold, at all times, its full rights of distribution of the content of the Licence and it guarantees that it has the right to grant and revoke the Licence.
2.3. The Licensee authorises any accredited representative of AENOR to visit its premises, in order to check the correct compliance of these terms and conditions.
3. Permitted use: The Licensee undertakes to use the Licence only under these terms and conditions.
3.1. AENOR does not transfer any rights, title or benefit.
3.2 The Licensee will not be able to carry out total or partial reproductions, nor will it be able to lend, donate, yield, assign, sell or lease, totally or partially, standards, marks, copyright symbols, etc., without the express written authorisation of AENOR. AENOR reserves its right to claim compensation for damages and harm suffered in the event of non-compliance.
3.3. The Licensee is obliged to adopt all measures necessary to prevent unauthorised third parties from accessing or having knowledge of the Licence content.
3.4. The Licensee will be able to print contents from the Licence, exclusively for internal use, subject to intellectual property rights in accordance with clause 6. These copies may not be filed or scanned to be part of a reference collection in hard copies, with AENOR reserving its right to claim compensation for damages and harm suffered in the event of non-compliance.
3.5. The Licence is granted for one user only and for a single device. The Licensee will not be able to use them, or lend, donate or lease them in a computer network system, simultaneous access system, website, multiple central processing unit or multi-user system, except for express and written authorisation from AENOR.
3.6. In the event of poor operation of their computer, which impedes access or use of the Licence, the Licensee will be able to transfer them to another computer, provided that it is removed from the initial computer and the use of the Licence on the new computer conforms to these terms and conditions.
4. Amendment: AENOR reserves the right to amend these terms and conditions, with the prior provision of information and acceptance of the Licensee.
5. Intellectual property: The Licensee does not acquire any rights with respect to the AENOR Marks, content of the Licence or any other intellectual or industrial property of AENOR, companies of the AENOR Group or of its suppliers, without prior approval in writing from AENOR.
5.1. The Licensee should maintain in good condition all indications on the property that appear in the normative documents (standards, marks, copyright symbols) that determine the ownership of the copyrights of the same.
5.2. The Licensee should maintain the symbols, marks, the Licence or any other mention of property that the Issuing Body establishes in its product, in all reproductions, total or partial, that have been authorised expressly by AENOR, by virtue of this Licence.
5.3. The Licensee will inform AENOR of any act of unfair competition or violation of the industrial or intellectual property rights of which it is aware, and, in general, will adopt all necessary measures to ensure the confidentiality and the respect for the property right that corresponds to AENOR.
6. Breaches: Any breach by the Licensee regarding the present terms and conditions, will give AENOR the right to revoke the Licence immediately, for which it will send the Licensee a simple communication to this effect, without the Licensee having the right to the reimbursement of the payments made until then.
7. Warranty: AENOR does not offer an express or implied warranty with regard to the Licence. The Licensee will notify AENOR in writing, within 30 calendar days, following access of the Licence, of any defect or error detected in its content. Understanding that, by not doing so, the Licence is found to be to their complete satisfaction.
7.1. In the event of defects being observed in the support within 30 calendar days, following the notification, AENOR guarantees that it will refund the amount paid or replace the content of the Licence.
8. Liability of AENOR: AENOR declines any type of liability derived from this User Licence.
9. Force majeure: None of the parties will hereby incur liabilities in view of a delay or non-compliance during their activity, nor will claims for damages be generated, insofar as this delay and non-compliance are due to any situation caused by force majeure, in accordance with the provisions set out in article 1,105 of the Civil Code.
10. Personal data protection policy Both parties declare that they are aware of Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
11. Confidentiality: The parties are obliged to maintain strict confidentiality on all the terms, procedures and information received and/or known on the occasion of or as a result of this Licence. Information which is in the public domain Is excluded from this clause.
12 Specific conditions of the Licensee: Any provision or verbal agreement which may include the Licensee that does not match what was agreed in these terms and conditions, will not have any validity and effectiveness, except for the explicit and written acceptance of AENOR.
13. Validity: When due to a court ruling, or a ruling of any other nature, any of these clauses is invalid, totally or partially, such invalidity will not be extended to the rest of the clauses specified herein.
14. Applicable law and jurisdiction: The present terms and conditions are established within the framework of Spanish legislation. The parties, expressly renouncing any other jurisdiction that may correspond to them, are subjected to the Courts and Tribunals of the city of Madrid.