Terms and Conditions of access to the SMART core ontology (“SMART ontology T&Cs”)
By accessing and/or using the IEC/ISO SMART  core ontology (“SMART ontology”) available at the on the Portal, you (“the Participant”) agree to abide by the following terms and conditions between you and the International Electrotechnical Commission (“IEC”) and the International Organization for Standardization (“ISO”). Please read these terms carefully before you access or use, the SMART ontology or other SMART elements or components. If you have any difficulties understanding these terms or if you have any questions, please contact:
Digital Transformation Office
IEC Secretariat3, rue de Varembé,
PO Box 131,
CH-1211 Geneva 20, Switzerland | ISO Central Secretariat
Chemin de Blandonnet 8,
CP 401,
1214 Vernier, Switzerland |
IEC/ISO may change or update this agreement at any time by posting the newly versioned agreement on the Portal and/or via email without notice. If such changes are unacceptable to you, you shall immediately cease access to, or access or use of, the SMART ontology. Your continued use of the Digital Hub will be deemed to be your acceptance of any such changes. This agreement shall apply to all versions of the SMART ontology unless otherwise decided by IEC and ISO.
IEC/ISO may modify, suspend, partially or fully discontinue any aspect of the SMART ontology at any time. IEC/ISO may also otherwise impose limits on your access and/or use of any SMART ontology at any time, including requiring you to delete them immediately upon written notice, without liability to IEC/ISO.
- Safeguarding SMART ontology
Your access to the SMART ontology is granted in your capacity as a user with a relationship with an IEC or ISO Member. It is on this basis, that you are granted a limited, non-exclusive, non-transferable, revocable license to access and/or use the SMART assets for testing purposes only. No commercial use of SMART ontology is permitted whatsoever under this agreement.
IEC/ISO safeguard the SMART ontology under applicable legal frameworks, including intellectual property law. You shall not transfer, sell, license, lease, publish, assign, transmit or otherwise reproduce, disclose, decompile, disassemble, make available to others or create derivative works from the SMART ontology, including any data related thereto. IEC/ISO share the SMART ontology with you (a Member of either IEC or ISO), on a good faith basis for referential and collaborative purposes to permit IEC, ISO and their respective Members to advance the development of SMART. If you develop anything using the SMART ontology or have suggestions for improvements to the SMART ontology, you must offer it to IEC/ISO who may accept it at their own discretion.
- SMART ontology governance
IEC Secretariats and ISO Central Secretariat govern the SMART ontology. ISO/IEC SMART ontology governance will remain responsible for maintenance and releases.
- Further technical restrictions on the use of the SMART ontology
You shall not use SMART ontology in any manner that harms, disrupts, or interferes with the operation, security, or performance of the Portal or any other IEC or ISO IT resource or service. Additionally, you shall note use the SMART ontology to transmit any malicious, fraudulent, or unlawful content, data, or code.
You shall not use the SMART ontology to circumvent any technical limitations, authentication mechanisms, or usage limits imposed by the IEC/ISO.
- IEC and ISO intellectual property in its international standards and other publications and brand
Selected IEC/ISO International Standards and other publications (“IEC and/or ISO Publications”) have been made available, in whole and in part, through the Portal exclusively for the purpose of testing the SMART ontology and/or Portal. Your use of the SMART ontology is conditioned on your agreement to respect the copyright held by IEC and ISO in respect of these IEC and/or ISO Publications. You shall not lend, lease, reproduce, distribute or otherwise exploit, whether commercially or not, any IEC and/or ISO Publication you may access in use of the SMART ontology and/or Portal.
Nothing in this agreement shall be deemed to permit or licence you to use, modify or publish any trademarks, including any service or certification marks including any logos, of IEC/ISO. This shall include any trademark or other proprietary rights in relation to IEC’s Conformity Assessment Systems or schemes.
In the case of violation of this agreement and/or infringement of any IEC/ISO respective intellectual property, IEC/ISO reserve all rights and enforcement thereof, against you as well as any relevant third-party.
IEC/ISO monitors and records all access to the SMART ontology including for purposes of ensuring respect of this agreement.
Your use of SMART ontology is conditioned on acceptance of IEC’s Privacy Notice, also available at https://www.iec.ch/privacy and ISO’s Privacy Notice https://www.iso.org/privacy.html to which you must have separately consented before accessing your account. Your access to the Portal is also subject to the IEC’s and ISO’s cookie notices.
- Representation and Warranties
Your use and access of the SMART ontology, including any features or data, are provided “as-is” without warranty of any kind, either expressed or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. Furthermore, IEC/ISO will not provide any support services in relation to access or use of the SMART ontology.
IEC/ISO will not be liable for any delays, inaccuracies, errors or omissions in any SMART ontology, and/or the provision thereof through the Portal, including in the transmission or delivery of all or any part thereof, or for any damages arising therefrom. Furthermore, IEC/ISO takes no responsibility for, and will not assume liability, for any damages arising from or related to use or attempted use of the SMART ontology and/or Portal.
IEC/ISO reserve the right to terminate this agreement with immediate effect at any time, including if IEC/ISO unilaterally determine you have violated any term of this agreement or caused another party to violate the terms of its agreement with IEC/ISO.
Upon termination of this agreement, you shall automatically and immediately delete any access to the SMART ontology, unless instructed otherwise in writing.
Any material shared is to be considered confidential and shared on a good-faith basis in the spirit of collaboration among IEC, ISO and their respective Members for the purposes of advancing in the area of SMART to be reviewed internally within their NC/NSB with the sole purpose to provide us feedback in view of the full membership disclosure targeted for December 2024. Under no circumstances may the SMART ontology be shared with any third parties, including for free, for payment, separately or bundled with other code.
These terms and conditions constitute the entire understanding between you and the IEC/ISO regarding your access and/or use to the SMART ontology and of the any data related thereto and shall supersede any prior agreement in respect thereof.
The failure of the IEC/ISO to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.
Nothing in this Agreement shall create or imply any partnership, joint venture, agency, fiduciary, or other relationship between you and the IEC/ISO, other than that of licensor and licensee.
This agreement is governed by the laws of Switzerland, with the exclusion of its choice of law provisions.
The courts of Geneva, Switzerland, shall have exclusive jurisdiction.
Version 1.0
5 December 2024