© FIDIC 2015
Copyright © 2015 FIDIC, World Trade Center II, 29 route de Prés-Bois, Geneva Airport, CH-1215
Geneva, Switzerland. All rights reserved.
FIDIC is the only Copyright owner of FIDIC publications, which are protected by the Berne Convention for the Protection of Literary and Artistic Works, international conventions such as TRIPS and the WIPO copyright treaty and national intellectual property laws. No part of a FIDIC publication can be reproduced, translated, adapted, stored in a retrieval system or communicated, in any form or by any means, mechanical, electronic, magnetic, photocopying, recording or otherwise, without prior permission in writing from FIDIC. The version in English is considered by FIDIC as the official and authentic text for the purposes of translation.
The word "FIDIC" used in conjunction with FIDIC product and services is trademarked in many countries.
Unauthorised use of the word "FIDIC" to designate a product or service is therefore illegal and in breach of trademark legislation.
FIDIC regularly updates and reissues the information and services it publishes so that users can profit from the state-of-the-art. By furnishing information or supplying publications, FIDIC does not grant any intellectual property rights The purchase or supply of FIDIC information, including forms for completion by a user, does not confer author's rights under any circumstances. Consequently, this information cannot be published as translations or copied without FIDIC's permission.
FIDIC discourages modification of the information and services it supplies, and only in exceptional circumstances will it authorise modification, reproduction or incorporation elsewhere.
Permission to quote from, incorporate, reproduce or copy all or part of a FIDIC publication, including documents, conditions of contract, web pages and similar supports for information should be addressed to the FIDIC Secretariat, which will decide upon appropriate terms.
A license to prepare a modified publication will be agreed to under certain conditions. Specifically the modified publication must be for internal purposes only, and not be published or distributed commercially.
TERMS AND CONDITIONS
The widespread dissemination, acceptance and use of FIDIC publications and their translations are important means for accomplishing FIDIC’s mission and are therefore actively promoted by FIDIC.
The sale of FIDIC publications and their translations is an important source of revenue for FIDIC and it’s Member Associations. It creates resources for providing a wide range of services meeting the business needs of member firms. All steps, starting with the initial drafting of publications, often require considerable effort and expense.
FIDIC regularly updates and reissues publications so that users can profit from the state-of-the-art.
By supplying publications, FIDIC does not grant any intellectual property rights. The purchase or supply of a FIDIC publication, including forms for completion by a purchaser or authorised user, does not confer author’s rights under any circumstances.
Users rely on the contents of FIDIC publications, especially FIDIC contracts and agreements, for important business transactions. The use of authentic publications is therefore essential for safeguarding their interests. FIDIC discourages modification of its publications, and only in exceptional circumstances will it authorise modification, reproduction or incorporation elsewhere.
Permission to quote from, incorporate, reproduce or copy all or part of a FIDIC publication should be addressed to the FIDIC Secretariat, which will decide upon appropriate terms.
A license to prepare a modified or adapted publication will be agreed to under certain conditions.
Specifically, the modified or adapted publication must be for internal purposes, and not be published or distributed commercially.
In the case of FIDIC contracts and agreements, FIDIC aims to provide balanced and equitable conditions of contract by ensuring the integrity of its publications. A purchaser or authorised user of a FIDIC contract or agreement is thus granted the right to:
- make a single copy of the purchased document, for personal and private use;
- incorporate in other documents (or electronic files) either the original printed document (or electronic file) or pages printed from an electronic file supplied by FIDIC for this purpose;
- draw up and distribute internally and/or among partners clearly identified Particular Conditions or their equivalent using text provided in the FIDIC publication specifically for this purpose;
- reproduce, complete and distribute internally and/or among partners any forms, in both printed and electronic formats, provided for completion by the purchaser or user.
While FIDIC aims to insure that its publications represent the best in business practice, the Federation accepts no liability for any events or the consequences thereof that derive from using information published by FIDIC.
Publications are provided “as is”, without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement.
FIDIC also assumes no liability regarding the accuracy of the information that is provided and use of such information is at the recipient's own risk. Under no circumstances shall FIDIC be liable for any loss, damage, liability or expense incurred or suffered that is claimed to have resulted from the use of FIDIC-supplied information.
Under conditions which it will determine at its own discretion in each case and against suitable consideration (usually, in the form of a license fee), FIDIC may agree to let other parties (normally, a Member Association) to make translations and publish the translated publication.
Conversely, translating FIDIC publications or publishing such translations without FIDIC’s duly obtained agreement is illicit and may be sanctioned. The general principles under which FIDIC may grant such agreements and which should be used when interpreting any license given, are set out in guidance notes and a sample form of contract that are available from the FIDIC Secretariat.
FIDIC will not authorise translations; in particular, FIDIC will not make any engagement or take on any liability concerning their completeness or correctness or adequacy for any purpose. Any such engagement or liability will only be for the account of the translator or the publisher of the translated document.
Fair use of the FIDIC name
"Fair use" of trademarks allows third parties to make reference (in text only) to “FIDIC”, but it is necessary that the usage be truthful, not disparaging, and does not mislead.
Use of the FIDIC logo
FIDIC reserves all rights of ownership to designs owned and used by FIDIC (collectively referred to as "logos"). FIDIC Member Associations, Affiliate Members and Sustaining Members and firms and organizations belonging to FIDIC national Member Associations are encouraged to use the FIDIC logo in publications. For convenience, they can use the logo without seeking explicit permission or a license provided the logo is not modified or imitated and not incorporated in any manner into other devices or designs. The fact that permission or a license is not expressly granted does not imply that FIDIC relinguishes its rights.
Other organizations and all individuals must receive FIDIC's authorisation in writing in order to reproduce and usethe FIDIC logo.
The use by Members of the FIDIC logo must be in one of the following forms:
- Accompanied by the words: "Xyz, Member of National Association ABC, a FIDIC Member Association". Adding the Member Association logo is optional, and for this it may be necessary to seek the permission of the Member Association concerned.
- The initials (ABC) of the national Member Association are shown below the FIDIC logo, and the Member Association logo is not shown.
- As a web link logo on a webpage without accompanying text incorporated into a design.
If reproduced in colour as opposed to black on white, the colour must be Pantone "Reflex Blue" on White. Reflex blue is RBG = 0:63:129 and CYMK = 100%:72%:0%:6%.
The logo may never be screened back, built out of four-color process screens, or broken into multiple colors.
To properly stage the logo, a minimum clearance of 5 pixels between the logo and other elements must be maintained, and the logo must always be at least 60 pixels in width, with symmetry preserved.
FIDIC reserves the right in its sole discretion to terminate or modify permission to display the logo, and may request modification or deletion of any use of the logo that, in FIDIC's sole judgment, does not comply with guidelines, or might otherwise impair FIDIC's rights.
Web link text
FIDIC does not require specific permission from third parties that want to place a link on their web site to a FIDIC web page. It does not object to such links if they refer to FIDIC in a plain text font and format, and use appropriate wording such as "Contact FIDIC".
FIDIC's policy is to ensure that authors' rights to FIDIC published information belong to FIDIC irrespective of it source. Consequently contracts for the provision of all forms of intellectual content will generally stipulate that the content belongs to FIDIC. The same applies for content generated by properly constituted committees and the like.
The FIDIC Executive Committee authorises the publication of all FIDIC information and intellectual property, and arranges for a suitable delegation of responsibility where publication takes place on an on-going basis, as for a website or newsletter.
Unless otherwise specified, the services and information provided on the FIDIC website are for personal and non-commercial use. Users may not otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the site.
By accessing, browsing and/or using the FIDIC web site, a user acknowledges that he or she has read, understood, and agreed to be bound by these terms and conditions.
Last updated: January 08, 2015