1.1. The following definitions apply to the Terms:
Access Agreement: the relevant agreement between BSI and the User (or the Company connected to the User), which provides the User access to the Products.
BSI: BSI Standards Limited a company incorporated in England and Wales (company number 07864997), whose registered office is 389 Chiswick High Road, Chiswick, London, WE 4AL.
BSOL: the British Standards Online service which allows the User to access British and international standards documents, with search, browse, and email alerting features.
Compliance Navigator: an online service that enables the Customer to manage medical device compliance with standards, EU and US regulatory information, and guidance.
Documents: the relevant documents made available to the User by BSI through the Products.
Eurocodes PLUS: an online subscription tool that makes it faster and easier to work with the Eurocodes documents and related content set - for structural design projects, containing standards, expert guidance and advanced features.
Intellectual Property Rights: any and all present and future, patents, inventions, know- how, trade secrets and other confidential information, trademarks, service marks, logos, emblems, badges, mascots, insignia, identifying music and sounds, get-up, domain names, business names, trade names, moral rights, performance rights, registered designs, copyrights, database rights, design rights and other intellectual property rights of whatever nature, in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world.
Knowledge Subscription: the BSI Knowledge subscription service which allows the Customer to access British and international standards documents, with search, browse, and email alerting features.
Products: BSOL, Knowledge Subscription, Compliance Navigator or Eurocodes PLUS, as applicable.
Permitted Copies: has the meaning given in clause 2.2.
Users: an individual who accesses any Products in an individual capacity or on behalf of an entity whether as part of a free, paid, or trial subscription or any free for public access to the Products made available by BSI from time to tiime.
Virus: any code or malware whose purpose is to disable a computer or network or adversely affect its performance such as a computer virus, worm, 'trojan horse', back door or similar item which may impair or otherwise adversely affect the operation of any computer or network, prevent or hinder access to any program or data, impair the operation of any program or the reliability of any data (whether by re-arranging within the computer or any storage medium or device, altering or erasing, the program or data in whole or part or otherwise).
1.2. The clause headings in the Terms are included for convenience only and shall not affect the interpretation of the Terms.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's personal representatives, successors and permitted assigns.
1.4 Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular and a reference to one gender shall include a reference to the other genders.
1.5 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
1.6 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2.1. User acknowledges and agrees that there is a limit to the number of Documents that User is permitted to copy and/or download in accordance with the relevant Access Agreement with BSI.
2.2 User may print one hard copy of each Document and may download one single electronic copy of any of each of the Documents (the “Permitted Copies”). This clause 2.2 does not apply to those Users who do not have a right to download or print any Document under their Access Agreement.
2.3 The Permitted Copies may not be used to build up a hard copy or electronic reference collection that exceeds 5% of the total Documents permitted under the Access Agreement granting User access to the Products. The Permitted Copies must be destroyed or removed when User’s rights to use the Products expires or is terminated. This clause 2.3 does not apply to those Users who do not have a right to download or print any Document under their Access Agreement.
2.4 User may copy up to 10% of the content of any of a Document for use in another document for other Users who share the same Access Agreement. All copied content must contain the phrase "Copyright BSI Standards Limited © [Date]" (where [Date] is the date of the copying).
2.5 where any copies are made in whole or in part, the copied content is licensed only for the duration of User’s rights to use the Products and should not be copied in order to build a database of the Documents.
3.1 User’s rights are limited to the right to access the Documents, to use the associated functions for search, browsing and receiving email alerts, and to use such other functions which BSI may make available for from time to time.
3.2 User shall not have the right to modify, translate, reverse engineer, disassemble or decompile any portion of the Products.
3.3 The User shall not have the right to (i) license, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make the Products or Documents available to any third party in any way; or (ii) “frame” or “mirror” any content from the Products on any server or wireless or internet-based device.
3.4 BSI reserves the right to make changes to any part of the Products that it deems necessary or useful without any notification to the User.
3.5 Except as expressly set in the Terms, no express or implied licence or right of any kind is granted to the User regarding its use of or access to the Products or any part thereof, including any right to obtain possession of any source code, data or other technical material relating to the Products.
4 ACCESS TO AND AVAILIABILITY OF THE PRODUCTS
4.1 BSI shall have no obligation to make the Products accessible to the User on an uninterrupted basis and the service may be unavailable to Users from time to time for different reasons including for planned and emergency maintenance.
4.2 Where BSI requires registration for an account to provide access to the Products, the information provided by User shall be complete and accurate. The confidentiality and security of any account profile or unique access details provided to User shall be personal to User and not shared with anyone else unless authorised by BSI.
4.3 BSI shall use reasonable endeavours to diagnose and fix reported issues or answer any questions related to the Products that are communicated to BSI, but does not guarantee that the User will receive a particular outcome.
5.1 User assumes sole responsibility for results obtained from the use of the Products and for conclusions drawn or decisions taken from such use and any reliance on the results obtained from the use of the Products is at User’s own risk. BSI does not warrant the suitability, accuracy or completeness of the Documents or any content available from the Products.
5.2 The Products and all Documents are provided and made available “as is” and all warranties, representations, conditions and all other terms of any kind whatsoever, implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from the Terms.
5.3 BSI does not represent or warrant that any defects identified will be corrected or that the Products will be uninterrupted, error free, free from Viruses or other harmful components, or meet the User’s specific requirements
6.1 BSI shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise in connection with User’s use of or access to the Products or any Documents, for any loss, injury, claim, liability, or damage of any kind, incurred or brought by User or a third party including loss of profits, loss of business, depletion of goodwill and/or similar losses, loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising. BSI's total aggregate liability to User shall be £100 to the extent the foregoing limitation of liability fails of its essential purpose or is prohibited.
6.2 Nothing in the Terms limits any liability which cannot legally be limited, including, but not limited to, liability for (i) death or personal injury caused by negligence; or (ii) fraud or fraudulent misrepresentation.
User agrees to indemnify and hold BSI, its officers, directors, agents, employees, or any other third-party provider of information or Documents accessible from the Products, harmless from any losses, damages, costs, expenses (including reasonable legal fees) or other liability, arising out of any breach by User of any of the Terms or the misuse of the Products.
8.1 No failure or delay exercising any right or remedy provided under the Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
8.2 If any provision or part-provision of the Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Terms.
8.3 The Terms incorporate by reference any notices displayed or provided when the User accesses the Products and along with the BSI’s website terms and conditions, constitute the entire agreement between BSI and User, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
8.4. The Terms do not confer any rights on any person or party, other than BSI and the User.
The Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. BSI and User irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms.