FIDIC Copyright and Terms of Use of FIDIC Documents
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, Case 311, CH-1215 Geneva 15, Switzerland; e-mail: [email protected]
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 its 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 Specifically, the modified or adapted publication must be for internal purposes, and not be published or distributed commercially.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 authorized user of FIDIC publication, either in electronic or hard copy format, are requested to comply with the Terms of Use of the purchased document.Depending on the FIDIC Document purchased, below Terms of Use applies.
Terms of Use of Electronic Products:
1. Terms of Use of Practitioner Version of Electronic Product
A purchaser of an electronic copy of the Practitioner Version, is provided with the encrypted PDF file of the General Conditions and the editable word files of the example form of Particular Conditions/Special Provisions and other forms for completion for single or multiple users. The content of this product varies depending on the FIDIC Contract or agreement purchased.
By purchasing Practitioner Version of the electronic product, each user is granted a one-year license to download the electronic documents on one machine and use the documents in accordance with these Terms of Use during the term of the license. Therefore, access rights to electronic encrypted PDF file of the General Conditions is granted for one year. Encrypted PDF file of the general conditions can be printed by each user for up to 10 times for one year license period. While access rights to editable word files are not restricted, a purchaser or an authorised user is only allowed to make use of editable word files for one year period, during the access right period to the PDF encrypted file of the General Conditions.
1.1.Use of encrypted PDF file of the FIDIC General Conditions:
A purchaser or authorized user of a Practitioner Version of electronic product is granted the right to:
(a) Incorporate General Conditions in other documents either by reference, using the text provided in the FIDIC Publication for that purpose, or as a printed document printed from an electronic encrypted PDF file supplied by FIDIC for this purpose when the purchase is made. This excludes any modification of the FIDIC General Conditions in text of the document or incorporation of the General Conditions in other documents in the electronic format. These printed versions of the General Conditions can be included in proposals, tender documents, contracts and other formal documents provided these documents are for use by the purchaser or an user authorised by the purchaser, for a specific contract. The right to draw up and distribute Particular Conditions/Special Conditions specific to the project and to complete and distribute other forms included in the FIDIC Publication are expressly given under section 1.2. “Use of editable word files of Particular Conditions/Special Conditions and other forms”.
1.2.Use of editable word files of Particular Conditions/Special Conditions and other forms
A purchaser or authorized user of a Practitioner Version of electronic product is granted the right to:
(b) complete and distribute internally and/or among partners Particular Conditions/Special Conditions or any other forms supplied by FIDIC for this purpose, in both printed and electronic formats, provided for completion by a purchaser or a user authorised by a purchaser when the purchase is made. These documents can be included in proposals, contracts, tender documents and other formal documents either in printed version or electronically, provided these documents are for use by a purchaser or a user authorised by the purchaser for a specific contract during the one year term of the license when the access right to the PDF encrypted file of the General Conditions is granted.
FIDIC does not license more rights than are expressly mentioned above.
The purchaser is responsible to ensure the lawful use of the FIDIC documents by the third party to whom the document has been lawfully delivered. The third party is not allowed to use the FIDIC documents and to modify or complete them for other purposes.
No part of the FIDIC documents can be copied, reproduced, published or distributed commercially.
2. Terms of Use of Educational Version of Electronic Product
2.1.A purchaser of an Educational Version of electronic product is provided with the encrypted PDF file of the relevant FIDIC Publication for single or multiple users. This product is for a personal and private use. This product does not contain any editable files. The access is granted for one year term. It cannot be printed.
By purchasing an Educational Version of electronic product, each user is granted a one-year license to download and access the electronic document on one machine during the term of the license for a private and personal use only.
No part of the document may be printed, shared, reproduced, distributed, translated, adapted, copied, quoted, transferred, presented, broadcasted, retransmitted, stored in a retrieval system or communicated, in any form or by any means, mechanical, electronic, magnetic, photocopying, recording or otherwise.
FIDIC does not license more rights than are expressly mentioned above.
Terms of Use of Hard Copy Documents
Purchasers of Hard Copy Documents are required to comply with the copyright policy and Terms of Use included in each publication.
DISCLAIMER
While FIDIC aims to ensure that its publications represent the best in business practice, the Federation accepts or assumes no liability or responsibility for any events or the consequences thereof that derive from the use of its publications. 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 publications are not exhaustive and are only intended to provide general guidance. They should not be relied upon in a specific situation or issue. Expert legal advice should be obtained whenever appropriate, and particularly before entering into or terminating a contract.
FIDIC considers the original, English, version of its Publications as the authentic version and assumes no liability whatsoever for the completeness, correctness, adequacy or otherwise of the translated FIDIC Documents for any use to which the translated documents may be put.
