IMPORTANT — PLEASE READ CAREFULLY
To use NEN Connect, you must agree to the End User Licence Agreement (EULA). On the above
date, the End User Licence Agreement (EULA) for NEN Connect was amended. Please read the
text carefully. Scroll down to agree to the terms of the End User Licence Agreement
(EULA).
Terms of use
These terms of use describe your access to and use of NEN’s digital environment “NEN
Connect” (hereinafter “Application”). They constitute a legally binding agreement
between the User and NEN. We advise every User to read these terms of use carefully to
ensure you are aware of your rights and obligations as a User of the Application. As a
User, by visiting or using the Application, or continuing to access or use the
Application, you confirm that you have read and understood the terms of use and agree to
them.
1. Definitions
- Application: The digital environment “NEN Connect” or any successor to it in
which Users can consult Publications.
- Company Documents: Documents that the Customer has uploaded to the Server using
the Application’s Company Document Functionality, and the associated metadata.
- Company Document Functionality: The functionality of the Application that allows
the Customer to upload Company Documents to the Server of the Application and create
the associated metadata.
- User: A User is granted access to Publications and/or functionalities within an
Application.
- User Data: The data that a user has to enter in the Application as a minimum
requirement for identifying the User.
- Artificial Intelligence (AI): The ability of a machine to display human-like
skills, such as reasoning, learning, planning and being creative.
- Supplier: The third party engaged by NEN with responsibility for developing and
managing the Application.
- Agreement: The licence granted to the Customer that allows access to the
Application. This may be a licence granted directly to the User or a licence granted
to an organization that can allow the User access to the Application. The licence is
subject to NEN’s
most recent General Terms and Conditions of Sale for Products and
Services.
- Publications: Works made available by NEN, in physical or digital form,
consisting of standards, guidelines, technical specifications or other work related
to standardization, and in respect of which NEN is the copyright holder or licence
holder.
- Customer: A Customer is a legal or natural person who pays to receive a product
or service from NEN.
- Copies of the Publications: The Copies of the Publications – in digital or
printed form – that the User receives via NEN Connect and that are intended
exclusively for his/her own use. These copies are not intended for further
distribution or external use.
- Server: A computer, or associated group of computers, and the related hardware,
managed by or for NEN, that comprises web-server equipment, the Application program,
supporting software and/or database software, and that is accessible via the
internet.
- Access Credentials: The credentials (such as a username/password combination and
other access codes) that provide access to the Server.
2. General
- By creating an account, the User acquires access to NEN’s digital environment
“NEN Connect” (hereinafter: “Application”), for the purpose of consulting NEN
Publications.
- NEN hereby grants the User, for the term of the Agreement, a non-exclusive,
non-transferable licence to access NEN Publications via the Application and (if
agreed) to use the Company Document Functionality.
- The User may not create any accounts in the name of another person, unless this
other person has consented to this explicitly in writing.
- The User is not authorized to exploit the Publications commercially or to grant
sublicences.
- The User guarantees to NEN that he/she has authority to act in accordance with
these terms of use. Furthermore, the User guarantees to NEN that he/she will comply
with the obligations arising from these terms of use at all times and will abide by
all laws and regulations applicable to use of the Application.
- To ensure a good service, the Supplier of the Application may have access to the
User Data.
- The User is personally responsible for keeping the password and other access
codes for the account secret from other persons and the User will not grant other
persons access to the Application through his/her account.
- NEN will not be liable for any loss or damage, costs or other consequences
resulting from unauthorized use of the account by persons other than the User. NEN
will block access to the account as soon as it becomes (or is made) aware of any
unauthorized use of the User’s account.
3. Intellectual Property Rights
- The intellectual property rights to the Application and the Publications it
contains rest with NEN or third parties who have granted NEN a (user) licence to
this end. The User will not contest NEN’s property rights and/or rights of use or
carry out any actions that could harm the (intellectual) property rights that NEN or
third parties can exercise in relation to the Application and the Publications it
contains. If it comes to NEN’s attention that any data stored, edited, processed or
otherwise entered with the help of the Application is unlawful vis-à-vis third
parties and/or NEN, NEN is authorized to remove this data from the Server and
destroy it, immediately and without prior notification. If this situation arises,
the User gives NEN consent to remove all the infringing data from the Server and
destroy it. Under no circumstances will NEN be liable for any loss or damage arising
from this action.
- Nothing stated in these terms of use and/or in the Application is intended to
transfer any intellectual property rights and/or grant any intellectual property
rights to the User, other than the right to use the Publications via the
Application, as referred to in these terms of use.
- The User is permitted to make Copies of the Publications insofar as this is
necessary for their use as referred to in the Agreement, with the proviso that such
Copies of the Publications must remain in the User’s possession and must not be made
available directly or indirectly to third parties (including colleagues within the
same organization), either on a temporary or permanent basis. Users are not allowed
to produce any other copies. Any use by, or publication or distribution to, third
parties is not permitted.
4. Company Documents
- The Company Document Functionality allows the User to upload his/her own Company
Documents to the Application or consult the Company Documents that have been added
by other NEN Connect Users under the same Agreement. Company Documents that are
added are accessible to all NEN Connect Users under the same Agreement. The
intellectual property rights to these Company Documents remain with the owner of the
Company Document. The User is personally responsible for handling Company Documents
carefully and not disclosing company secrets or other confidential information.
5. Artificial Intelligence (AI)
- The use of Artificial Intelligence (AI), including, but not limited to, text and
data mining and machine learning, the combination of statistical techniques with
machine learning (natural language processing), automated analysis or AI-generated
changes, in order to process, analyze or change the Publications made available via
the Application, or to generate derivatives thereof, is strictly prohibited. The
content may not be used in an AI application, database or training model and may not
be integrated into an automated decision-making process.
6. Data Processing
- The User guarantees that the User Data supplied to NEN in the Application is
complete and has been provided accurately, promptly and truthfully.
- NEN is not obliged to check the accuracy and completeness of the User Data or
Company Documents that the Customer enters in the Application and will not be liable
for any loss or damage resulting from the User Data or Company Documents entered by
the Customer. The User indemnifies NEN against claims by third parties for
compensation for any loss or damage that they may be able to recover from NEN in any
manner whatsoever, where such a claim is based on the use of the Application by the
User.
- Under no circumstances will NEN be liable for any loss or damage connected with
the loss of User Data or Company Documents that the Customer or a third party may
suffer as a result of or in connection with the use of the Application, except in
cases of intent or gross negligence on the part of NEN.
- To implement the Agreement, it is necessary for NEN and the Supplier to store and
process the User Data in connection with the management of the User’s account. For
more information on the processing of personal data, NEN refers you to its privacy
statement, which can be consulted at: Privacy Statement.
- The Customer may designate an administrator within his/her own organization who
will have broader access within the Application. On the basis of this role, this
administrator may also gain access to User Data. This falls under the Customer’s
responsibility.
7. Provision of Information
- To ensure that the Application continues to function properly and to develop it,
NEN may approach the User with surveys relating to user experiences and the quality
and performance of the Application. The User’s participation in these surveys is
entirely voluntary.
- NEN is permitted to send the User information and service messages relating to
the Application and its functionalities.
- When creating the account, the User is offered the option of receiving
newsletters. The User can unsubscribe from these newsletters at any time.
8. Access
- The parties agree that the User will access the Publications via the Application.
- The User will notify NEN without delay if the Access Credentials are used in an
unauthorized manner or the User suspects that this may be the case. NEN is
authorized to block the Access Credentials at any time, without being obliged to
compensate for any loss or damage and/or costs incurred, if it becomes aware that
the Access Credentials have been used in an unauthorized manner.
- NEN can deactivate the Access Credentials or suspend the service if it seriously
suspects that the service is being used in contravention of the provisions of the
Agreement and/or these terms of use. The obligation to pay continues to apply during
such a period of deactivation.
9. Availability and Maintenance
- NEN will endeavour to ensure that the Application functions properly at all times
and will aim to achieve the highest possible levels of availability, quality and
security for the Application. However, NEN cannot guarantee that the Application
will function without interruptions or bugs. Furthermore, NEN and the Supplier
cannot guarantee that the Application will be available at all times and free of
viruses, malware, ransomware or other threats.
- NEN reserves the right to change the technical characteristics of the Application
(or have them changed) during the term of the Agreement in order to:
- improve the functionality;
- fix any bugs (or have them fixed) within a reasonable period or provide
a temporary solution until a bug can be fixed; NEN cannot, however,
guarantee that all bugs are fixed; or
- comply with applicable laws and regulations.
- If substantial changes are made to the Application’s functionality due to a
change to the technical characteristics of the Application, NEN will inform the User
about this before the change is made.
- NEN reserves the right to take the Application out of service temporarily for
maintenance or to make changes or improvements to the Application. Wherever
possible, NEN will take the Application out of service outside of office hours (9
a.m. to 5 p.m. Dutch time). NEN will inform the User promptly in advance of any
plans to take the Application out of service. Under no circumstances will NEN be
obliged to pay compensation to the User in connection with the Application being
taken out of service, as referred to above.
- NEN is authorized to block access to the Application in full or in part if the
User fails to comply with any obligation under the Agreement and fails to rectify
this failing within seven (7) days of the date of a reminder letter or notice of
default issued by NEN.
- NEN and the Supplier will also not be liable for any loss or damage resulting
from threats (such as viruses, malware, ransomware, etc.), the content of the
Publications or other elements of the Application, or from failure of the
Application to function correctly and/or on time.
10. Liability
- NEN will not be liable for any loss or damage whatsoever resulting from
(printing) errors in Publications made available to the User by NEN and/or in
products or information arising from or related to the Application.
- NEN will only be liable for loss or damage that results directly from a
shortcoming attributable to NEN in the performance of its obligations. NEN can only
be held liable for direct loss or damage suffered by the User; in all cases a series
of events will be regarded as a single event and the maximum liability will be
limited to, at the most, the amount paid out in the case in question under NEN’s
(professional) liability insurance policy/policies, plus the excess. Any liability
on the part of NEN for loss or damage other than direct loss, such as consequential
loss, derivative loss and intangible loss, is fully excluded.
- The User’s right to compensation lapses in all cases if the User has failed to
file an unambiguous written claim for compensation within three (3) months of the
date on which the loss or damage first became apparent.
11. Use
- Reasonable use may be made of the Publications made available to the User under
the Agreement, taking the average use per User as a basis. It is not permitted to
use more documents than necessary. NEN is authorized to monitor use and may hold the
User liable in the event of excessive use.
- The User is not authorized to fix bugs in the Application software (or have them
fixed) independently, make changes to it, transfer it to other hardware, link it to
other hardware and software, expand the functionality independently, change
parameters or remove security features.
- The User is personally responsible for the availability and functioning of the
(peripheral) hardware and software, auxiliary applications, configuration and
internet connection that he/she is using and for maintaining a connection to the
energy grid and other connections that are needed to access and use the Application.
- Without prejudice to the other provisions of these terms of use, the User
guarantees in all cases that, when using the application, he/she will observe the
following rules, where relevant:
- The User will not carry out any actions that could cause faults in the
Application or in (computer) networks or infrastructures (of other NEN
Connect Users) or that could disrupt or restrict use thereof (for other NEN
Connect Users). If any faults or restrictions as referred to above arise,
the User is obliged to follow reasonable instructions issued by NEN;
- The User will not carry out, or will not refrain from, any actions if
he/she is aware, or should reasonably have been aware, that such actions or
omissions could result in the Application being used in a manner that is
punishable or is unlawful vis-à-vis NEN and/or third parties;
- The User is responsible for ensuring that the hardware and software
he/she uses satisfy the minimum requirements set by NEN for use of the
Application;
- The User will ensure that the hardware and software, infrastructure and
connections that he/she uses are protected against viruses, cybercrime and
unlawful use by third parties;
- The User will not distribute any (computer) viruses or other files that
could damage the functioning of the Application;
- The User will not misuse any Access Credentials or breach and/or attempt
to breach the security of the Application;
- The User will not use the Application to send large volumes of
unsolicited messages with the same or similar content (spam);
- When using the Application, the User will not pretend to be another
party (whether or not this party exists) or assume the identity of a third
party without the latter’s consent;
- The User will not publish or distribute any racist or discriminatory
material and/or (child) pornography via the Application. Distributing will
also be understood to mean the posting of such material on or its
distribution via the Application infrastructure;
- When using the Application, the User will not intentionally penetrate a
computer system (or part thereof) without permission, against the wishes of
the owner or administrator of that system (hacking); and
- The User will not publish or reproduce, or use for a purpose other than
that referred to in these terms of use, any information and data received
from NEN within the context of the Application, without NEN’s explicit prior
consent. It is therefore not permitted to share or pass on information and
data to other parties.
12. Security
- NEN will endeavour to protect the data present in the Application and on the
Server, including the Company Documents, from loss, damage, unauthorized
modification, and unauthorized access or disclosure. NEN will take reasonable
technical and organizational security measures to this end. However, NEN cannot
guarantee that the security in place is sufficient.
- The User is also personally responsible for taking measures to protect the data
from the risks referred to under point a, for example by regularly backing up
relevant data and possibly encrypting the content of documents.
- The User is responsible for the security of the connections that he/she uses to
access the Application.