Terms and Conditions

1. Introduction

Welcome to the IntegriTAS Tool (the ‘Tool' as further described in clause 23.1), which is owned and operated by the International Institute for Democracy and Electoral Assistance (‘International IDEA'). International IDEA is an intergovernmental, non-profit organization established by international treaty and funded by its member states. For more information on our organization, please visit our website http://www.idea.int/about/.

2. These terms

2.1. We've tried to keep the terms of our legal agreement with you as short as possible but, inevitably, there is quite a lot to cover. Please take the trouble to read them as they will govern the terms on which you are permitted to use the Tool.

2.2. By clicking on the “ACCEPT” button during the installation process of the Tool, you are agreeing to enter into an agreement with International IDEA to use the Tool including the content made available through it in accordance with the terms and conditions set out below, as modified from time to time (“Terms”). If you do not wish to be bound by what you read below, you should uninstall and delete the Tool and send us an e-mail at ermtool@idea.int to confirm that you no longer will be using the Tool.

2.3. This agreement between you and us for use of the Tool will start on the day on which you download the Tool (“Start Date”) and will continue unless and until terminated in accordance with clause 15 below.

2.4. To make these Terms clear and unambiguous, we have defined particular key phrases (e.g. “the Tool”). These can be found in clause 23.1 of these Terms. Please click here to read them. In addition, “you”, “your” (as appropriate) means a User and “we” “us”, “our” as appropriate, means International IDEA.

3. Changes to these terms

3.1. We may change these Terms at any time by sending you an email with the modified Terms or by posting a copy of them on our website www.idea.int. Any changes will take effect seven (7) days after the date of our e-mail or the date on which we post the modified terms on our website, whichever is the earlier. Your continued use of the Tool after that period expires means that you agree to be bound by the modified Terms.

4. Access

4.1. By entering into this agreement with us for use of the Tool you confirm that you are authorised to enter into this agreement on behalf of your organization and that it agrees to be bound by these Terms.

4.2. You will keep the log in details that we provide you with confidential and will not use them outside of your organization.

5. Technical Requirements

In order to be able to install and use the Tool, please make sure you have:

• OS Windows XP or a higher specification; and
• 560MB of free memory on your hard disk (ISO file will require approximately 520 MB and installed applications: server 20 MB and client 20 MB).

6. Use of the Tool

The Tool is made up of essentially two component parts: i) the Software; and ii) the Knowledge Resources. The way in which you are permitted to use the Software is set out in clause 7. The way in which you are permitted to use the Knowledge Resources is set out in clause 8.

7. Use of Tool - Software

Permitted use

7.1. International IDEA grants you a limited non-exclusive licence, at no charge, to download, install and use the Software for the sole non-commercial purpose of using it on one or more computers or other electronic devices within your organization and to access and use the Knowledge Resources made available through it in accordance with clause 8 below.

Restrictions on your use of the Software

7.2. The Software may contain individual open source software components, each of which has its own copyright and its own applicable licence conditions. The open source software contained in the Software, if any, is licensed to you under the terms of the applicable open source licence conditions and/or copyright notices that can be found in the licenses file attached to those software components.

7.3. Subject to clause 7.2, any commercial use of Software is not permitted without our express written agreement. In particular, you will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Software. If you know of a third party that wishes to use the Software, please refer them on to us directly.

7.4. Subject to clause 7.2, you may not reverse engineer, decompile, or disassemble the Software or otherwise attempt to derive its source code, except and only to the extent that any of these activities is permitted by applicable law despite this restriction.

8. Use of Tool - Knowledge Resources

8.1. Some of the Knowledge Resources that are made available through the Tool are owned by International IDEA (“International IDEA Knowledge Resource(s)”) and some by third parties (“Third Party Knowledge Resource(s)”). Where any Knowledge Resources is made available by a third party, we will identify the third party in the relevant Third Party Knowledge Resource.

8.2. Under these Terms, we grant you a limited, non-exclusive licence, at no charge, to:

• 8.2.1. view the Knowledge Resources on screen through the Tool;
• 8.2.2. print off and circulate internally within your organization single print copies of any Knowledge Resource for non-commercial purposes only; and
• 8.2.3. print off reports produced in connection with use of the Tool and use internally within your organization for non-commercial purposes only; provided that you keep in tact all copyright and proprietary notices contained in the Knowledge Resources.

8.3. If the Knowledge Resource is identified as being a Third Party Knowledge Resource and you want to use it in any way, other than is specified in clause 8.2 above, then you will need to contact that third party and obtain their permission for any such use.

8.4. If the Knowledge Resource is identified as belonging to International IDEA, then as well as being able to use the International IDEA Knowledge Resource as set out in clause 8.2, you can also use it in additional ways as set out in clauses 8.6 to 8.9, as applicable, below.

8.5. Some of the International IDEA Knowledge Resources are made available under a Creative Commons (“CC”) licence and some on International IDEA's standard licensing terms.

8.6. The International IDEA Knowledge Resources that are made available under a CC licence are identified by the following logo: . If an International IDEA Knowledge Resource is not marked with this logo, then that Knowledge Resource is made available on International IDEA's standard licensing terms.

International IDEA Knowledge Resources available under a CC licence...

8.7. You should read the licence in full to understand its terms, but in short if an International IDEA Knowledge Resource is made available under a CC licence, you are free:

International IDEA Knowledge Resources available under our standard licensing terms...

8.8. If any International IDEA Knowledge Resource is not identified by a CC logo, then you are free to:

• 8.8.1. use the text of that Knowledge Resource only, but not any images, graphics or logos included in that Knowledge Resource;

provided that

• 8.8.2. you only make non-commercial use of the text;
• 8.8.3. you agree that any Intellectual Property Rights arising out of your use of the text will belong to us and you will do anything that we reasonably request to give effect to this provision;
• 8.8.4. you agree that we are entitled to alter, amend and otherwise modify and to licence and assign any work that arises out of your use of the text;
• 8.8.5. you credit the original author;
• 8.8.6. you do not use the text in any way which is likely to reflect negatively on International IDEA;
• 8.8.7. if you make the text available on the internet, you will display a hyperlink from the website hosting the text to www.idea.int/;
• 8.8.8. if you publish the text or a substantial part of it in print, you will send us 2 copies of that publication to International IDEA's publications office together with an electronic file in PDF format that we can make available on our website in accordance with the Terms of Use on our website; and
• 8.8.9. you acknowledge International IDEA's copyright on any use that you make of the text as follows “International Institute for Democracy and Electoral Assistance, Stockholm, Sweden, [insert year]. copyright © International Institute for Democracy and Electoral Assistance”;

8.9. If you want to translate the text, then in addition to the above terms:

• 8.9.1. you will not change or edit the meaning of the original text;
• 8.9.2. if you engage any third party to translate the text or any part of it, you will acquire any Intellectual Property Rights that arise out of the translation and you will procure that the authors of that translation waive the benefit of any moral rights or any similar rights that they may have in the translation;
• 8.9.3. you will include on the copyright page of the translation the following statement: “This is a direct translation of the [insert year] edition of International IDEA's [insert title]. The accuracy of the translated text was not verified by International IDEA. In case of doubt, the original English version prevails [insert ISBN of original version]. This translation was undertaken by [insert the full name and address of your organization]"

8.10. If the transfer of rights referred to in clause 8.8.3 is not effective in law in any legal jurisdiction, then the transfer of rights referred to in clause 8.8.3 will consist of or include the grant of the most extensive and long lasting licence to exploit such intellectual property rights it is possible to grant under the law of the legal jurisdiction in question. You agree to do any acts and deliver any documents, at our expense, in order to vest those rights in International IDEA.

8.11. PLEASE NOTE that if you use any of the Knowledge Resources in a way other than is specifically permitted under these Terms, you may be infringing copyright and therefore may be exposed to civil and/or criminal legal action.

8.12. If you have any questions on issues related to use of the International IDEA Knowledge Resources, please contact the International IDEA publications office at publications@idea.int.

9. Material you upload

If you upload any material to the Tool, you promise that you own all rights in, have authorisation to, or are otherwise legally permitted to upload such material.

10. Third party software

10.1. You acknowledge that you may need to download certain third party software or technology in order to install or use the Tool or certain features of it. This software will be clearly identified in the Tool.

10.2. Any such third party software or technology will be subject to you explicitly accepting a license agreement with that third party. You also acknowledge that we have no responsibility or control over such third party software.

11. Indemnity

11.1. You agree to indemnify, defend and hold harmless us, our directors, officers, employees and licensors from and against any claim, liability, cost, damage or loss we may incur (including reasonable legal fees) as a result of any breach by you of your obligations under these Terms, including but not limited to any breach by you of the CC licence terms and/or our standard licensing terms.

12. Releases

12.1. We have the right (but not the obligation) to issue Releases from time to time. Details of a new Release will be notified to you either via e-mail, or will be published on our website.

12.2. Subject to clauses 12.3 and 12.4, you do not have to install a Release. However, if you choose not to do so, you acknowledge that your ability to continue to use Tool may be adversely affected or wholly prevented.

12.3. We reserve the right to designate a particular Release as mandatory. We will do this by posting a notice to that effect on our website.

12.4. If you choose not to install the new Release, we reserve the right to terminate our agreement with you for use of the Tool.

12.5. We will not accept any liability in relation to any direct or indirect damages caused by the Release and/or the absence of a Release of new versions of the Tool.

13. Limited Warranties

13.1. We promise that we have used reasonable skill and care in the development of the Tool.

13.2. We do not promise that: (i) the Tool will meet any of your specific requirements; (ii) the Software will operate in combination with other hardware, software, systems or data not provided by us (except as expressly specified in writing by us); (iii) the operation of the Tool will be uninterrupted or error-free nor that any Software errors will be corrected; or (iv) the Tool will be free from viruses or other harmful properties.

13.3. Downloading and use of the Tool is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of the Tool.

13.4. We do not guarantee the accuracy, integrity, quality, reliability or completeness of any of the Knowledge Resources, information or other Content found through the Tool, or their usefulness for any particular purpose, nor that if you follow any Knowledge Resource that you will achieve any particular outcome.

13.5. THE LIMITED PROMISE GIVEN IN CLAUSE 13.1 IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS AND TERMS WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT AND QUALITY OF SERVICE.

13.6. THESE WARRANTIES ARE ALSO SUBJECT TO THE EXCLUSIONS AND LIMITATIONS OF LIABILITY AS SET OUT IN CLAUSE 14.

14. Exclusions of Liability

14.1. In addition to the other exclusions and disclaimers set out in these Terms, we also exclude all liability arising under any express (and, if any, implied) term or condition of these Terms for any failure or inability of the User to access or use the Tool which results from any failure of, or interruption to, the User's computer systems or equipment.

14.2. You agree that, to the extent permitted by law, and given that the Tool is made available at no charge, we will not be held liable for any direct, indirect, incidental or other type loss or injury (including loss of data) resulting from your download and/or use of the Tool, including any Knowledge Resources or Content made available through it.

14.3. Nothing in these Terms shall operate to exclude or limit our liability for death or personal injury caused by our negligence.

15. Termination

15.1. This licence is effective from the point of download, until terminated. Your rights under this agreement will terminate automatically or otherwise cease to be effective:

• 15.1.1. without notice from us, if you fail to comply with these Terms; and
• 15.1.2. on notice from us if we decide to cease making the Tool available for any reason.

16. Effect of Termination

16.1. In the event of termination of this agreement:

• 16.1.1. your rights to use the Tool will cease;
• 16.1.2. you will promptly uninstall the Tool from all your computers and other devices on which it has been installed in your organization and delete all copies of the same; and
• 16.1.3. clauses 7, 8, 11, 13, 14, this clause 16 and 19 - 23 shall remain in full force and effect.

17. Privacy

17.1. As there is no client server side to the Tool, we do not collect any personal information from you, in connection with your use of the Tool, other than that which you choose to disclose to us in your communications with us. All such personal information is dealt with in accordance with our Privacy Policy . Please read it to see how we deal with any such information.

17.2. If you choose to provide any personal information to a third party which you link to from the Tool, then your personal information will be treated in accordance with their privacy policy, so please make sure you read it, before you submit your personal information to them.

18. Links from the Tool

The Tool may include links to third party websites. We have not reviewed these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to from the Tool, you do so entirely at your own risk.

19. Intellectual Property

19.1. All Content made available through the Tool, including software, graphics and text, is owned by us or our licensors. You acknowledge that all copyright, trade marks and all other intellectual property rights in the Tool, the Knowledge Resources and in the Content made available via it, shall at all times remain vested in us or our licensors, subject to the licence granted to you under these Terms.

19.2. The trade mark, “International IDEA” is owned by us. All other brand names and trade marks that appear in the Tool are trademarks or trade names of their respective holders. No permission is given in respect of the use of any of these brands or marks, (other than is provided for under these Terms), and any such use may constitute an infringement of the holder's rights.

20. General

Severability

20.1 If any provision in these Terms is deemed invalid, void or unenforceable that provision will be deemed severable from the rest and will not affect the validity and enforceability of any remaining provisions.

Entire Agreement

20.2 These Terms govern our relationship with you and represent our entire agreement with you.

Assignment

20.3 You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Waiver

20.4 If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.

Exclusion of Third Party Rights

20.5 These Terms do not create any right enforceable by any person who is not a party to it, except that the provisions of these Terms may be enforced by any of our licensors in respect of Third Party Knowledge Resources and Content.

Governing Law and Jurisdiction

20.6 These Terms shall be governed by the laws of Sweden.

Dispute Resolution

20.7 Any dispute, controversy, or claim which cannot be settled amicably shall be submitted to and finally settled by arbitration in the following manner:

• 20.7.1 the arbitration shall be held in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce, unless the Arbitration Institute of the Stockholm Chamber of Commerce, taking into account the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the arbitration shall be conducted by an arbitral tribunal composed of one arbitrator who, failing agreement between the parties on the nomination of the arbitrator, shall be appointed by the Arbitration Institute of the Stockholm Chamber of Commerce;
• 20.7.2 the decision of the arbitrator shall be final and binding on the parties;
• 20.7.3 the place of arbitration shall be determined by the Arbitration Institute of the Stockholm Chamber of Commerce; and
• 20.7.4 the English language shall be the official language to be used in the arbitral proceedings and for all purposes related to arbitration.

21. Complaints

21.1 If you have any complaints, please contact us at IntegriTAS@idea.int or by post at Strömsborg SE-103 34 Stockholm Sweden and we will try to resolve these.

22. Contact Us

22.1 This Tool is owned and operated by the International Institute for Democracy and Electoral Assistance (International IDEA).

International IDEA   
Strömsborg   
SE-103 34 Stockholm   
Sweden

Email info@idea.int

23. Definitions

23.1 In these Terms, the following words and phrases have the following defined meanings. So when you see them in the Terms, please check here:-

• “Content” means any file, document, text, data, graphic, image, audio, video or other content which you are able to view through the Tool, not including Knowledge Resources.
• “Intellectual Property Rights” means copyright, database right, patents, design rights, trade marks, and all other industrial, commercial or intellectual property rights existing in any jurisdiction and all applications and rights to apply for registration of any such rights, including any and all renewals, revivals and extensions of such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
• “International IDEA Knowledge Resource” means a Knowledge Resource owned by International IDEA;
• “Knowledge Resource” means a written article (including any images, graphics or other material included in it) that is made available through the module of the Tool headed ‘Knowledge Resources';
• “Release” means in respect of the Tool: (i) a maintenance release to fix an error; (ii) an enhancement release to add an improvement or additional functionality; or (iii) a major release to introduce significant or wholly new features or functionality; that International IDEA may make available from time to time;
• “Software” means the software developed by International IDEA or its licensors which underlies the Tool and which, through its interface, displays Knowledge Resources and allows Users to gather and input data, analyse data and generate reports, and which includes all Releases.
• “Third Party Knowledge Resource” means a Knowledge Resource owned by a third party licensor of International IDEA;
• “Tool” means the desktop software application developed by International IDEA which is aimed at enhancing Users capacity for the prevention and mitigation of election related violence, including all its features, functionality and the Content and Knowledge Resources made available through it; and
• “User” means an individual who has installed the Tool after being given access to the Tool by International IDEA or otherwise.

23.2. Words in the singular include the plural and vice versa and words for any gender shall include all genders. Reference to persons includes individuals, bodies, corporate, unincorporated associations and partnerships.

Date of posting 14 May 2018