IEC Member Agreement for Testing White Label Application and API Developers Portal

This agreement shall apply to any use of the International Electrotechnical Commission (“IEC”) Smart White Label Application (“White Label App”), including its source code as well as any content derived therefrom, and the IEC application programming interface (“API”) Developers Portal (“API Portal”), including the IEC APIs themselves, (collectively referred to as the “IEC Smart assets”). The IEC has developed and owns the intellectual property and data related to the IEC Smart assets for the benefit of the IEC Members and standards community. You (“the Tester”) must agree to abide by the following terms and conditions between you and the IEC. Please read this agreement carefully before you register for access to, or use, the IEC Smart assets. If you have any questions regarding this agreement, please contact:

Digital Transformation Office

IEC Secretariat

3, rue de Varembé, PO Box 131,

CH-1211 Geneva 20, Switzerland

iec.digital@iec.ch

1. General conditions

1.1 IEC may change or update this agreement at any time by posting the newly versioned agreement on any platform hosting the IEC Smart assets and/or via email without notice. If such changes are unacceptable to you, you shall immediately cease access to, or use of, the IEC Smart assets. Your continued use of the IEC Smart assets will be deemed to be your acceptance of any such changes. This agreement shall apply to all versions of the IEC Smart assets, unless otherwise decided by IEC.

1.2 IEC may modify, suspend, partially or fully discontinue any aspect of the IEC Smart assets at any time, including in relation to authoritative decisions by IEC governance bodies. IEC may also otherwise impose limits on your access and/or use of the IEC Smart assets at any time, including requiring you to delete any related files made therefrom upon written notice issued at any time, including with immediate effect, without liability to IEC.

2. Safeguarding IEC Smart assets

2.1 Testers are given access to the IEC Smart assets on the basis of their capacity as employees or contractors of IEC Members, including the entities hosting IEC Members, in order to ensure and safeguard the IEC Smart assets from undue disclosure or misuse, in accordance with this agreement.

2.2 Testers are granted a limited, non-exclusive, non-transferable, revocable license to access and/or use the IEC Smart assets for testing and development purposes only. No commercial use of IEC Smart assets is permitted whatsoever under this agreement. Future commercial use by IEC Members will be governed under separate agreements, including on the basis of authoritative decisions by IEC governance bodies.

2.3 IEC safeguards the IEC APIs under applicable legal frameworks, including intellectual property law. You shall not copy, transfer, sell, license, lease, give, download, modify, publish, assign, transmit or otherwise reproduce, disclose, reverse engineer, decompile, disassemble, make available to others or create derivative works from the IEC Smart assets, including any data related thereto, without permission in writing from IEC. It is recalled that this agreement is applicable for IEC Member use of the IEC Smart assets during announced testing periods, which may cancel or supersede any conditions herein.

2.4 You are being invited to test the IEC Smart assets on a good faith basis for referential and collaborative purposes to permit IEC, including its Members, to advance the development and promotion of future IEC Smart products and services. If you have suggestions for improvements to the IEC Smart assets, you are strongly encouraged to offer it to IEC, which may accept it at its own discretion.

3. Further technical restrictions on the use of IEC Smart assets

3.1 You shall not use the IEC Smart assets in any manner that harms, disrupts, or interferes with the operation, security, or performance of any IEC IT resource or service, including any aspect of the IEC Smart assets. Additionally, you shall not use the IEC Smart assets to transmit any malicious, fraudulent, or unlawful content, data, or code. If you become aware of any such abuse or suspicious activity, you must notify the IEC without undue delay.

3.2. You shall not use any mechanism to circumvent any technical limitations, authentication mechanisms, or usage limits imposed by the IEC.

4. Governance of IEC Smart assets

The IEC Secretariat is entrusted to manage and oversee the provision of the IEC Smart assets for the benefit of the IEC and all IEC Members. As such, the IEC SEC will remain responsible for the implementation of any maintenance and releases as well as the authoritative source for any IEC APIs.

5. IEC intellectual property in the IEC Brand and Products

5.1 In accordance with the IEC Sales Policy and Implementation Guidelines, “Products” shall include IEC International standards and other publications (“IEC publications”), drafts and value-added products as well as translations and National Adoptions. Selected Products have been made available, in whole and in part, through the IEC Smart assets exclusively for the purpose of testing the White Label App, API Portal, and APIs. Your use of the IEC Smart assets is conditioned on your agreement to respect the intellectual property, including copyright or any other applicable intellectual property rights, held by IEC in respect of any aspect of the IEC Smart assets. You shall not lend, lease, reproduce, distribute or otherwise exploit, whether commercially or not, any content you may create from the IEC Smart platform, unless you have an agreement with IEC to do so.

5.2 The use of any IEC trademark, including any service or certification marks including any logos, of IEC, by IEC Members is governed by separate agreements. This agreement shall not deviate from these pre-existing arrangements.

5.3 In the case of violation of this agreement and/or infringement of any IEC intellectual property by Testers or unauthorized users, IEC reserves all rights and enforcement thereof.

6. Personal Data Protection

6.1 IEC monitors and records all access to the IEC Smart assets, including for purposes of ensuring respect of this agreement. You shall safeguard your account details as confidential from any other person, including other permitted users.

6.2 Your use of the IEC Smart assets is conditioned on the acceptance of the IEC Privacy Notice for Testing White Label Application and API Developers Portal.

7. Representation and Warranties

7.1 Your use and access of the IEC Smart assets, 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 noninfringement.

7.2 IEC will not be liable for any delays, inaccuracies, errors or omissions in any aspect of the IEC Smart platforms, including in the transmission or delivery of all or any part thereof, or for any damages arising therefrom. Furthermore, IEC takes no responsibility for, and will not assume liability, for any damages arising from or related to use or attempted use of the IEC Smart assets, including the IEC APIs or any content created therefrom.

7.3 Testers may experience performance issues, such as slower response times or limited availability, during the use of the IEC Smart assets. These issues may arise due to system updates, infrastructure limitations, or other technical constraints. IEC will address such performance issues on a case-by-case basis and will endeavour to resolve them within a reasonable timeframe. Given that your access is provided for testing purposes only, no service level commitments of any kind are provided under this agreement.

8. Termination

8.1 IEC reserves the right to terminate this agreement with immediate effect at any time, including if IEC unilaterally determines you have violated any term of this agreement or caused another party to violate the terms of its agreement with IEC.

8.2 Upon termination of this agreement, you shall automatically and immediately cease use of the IEC Smart assets, including deleting any files extracted or created from the IEC Smart assets, unless instructed otherwise in writing.

9. Miscellaneous

9.1 These terms and conditions constitute the entire understanding between you and the IEC regarding your access and/or use of the IEC Smart assets, any data related thereto, for this testing period of the IEC Smart assets. This agreement may be superseded by separate agreements in relation to the IEC Smart programme.

9.2 The failure of the IEC to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.

9.3 Nothing in this agreement shall create or imply any partnership, joint venture, agency, fiduciary, or other relationship between you and the IEC, other than that of licensor and licensee. It is recalled that IEC Membership is separately governed, including under the IEC Statutes and Rules of Procedures.

10. Governing law and venue

10.1 This agreement is governed by the laws of Switzerland, with the exclusion of its choice of law provisions.

10.2 The courts of Geneva, Switzerland, shall have exclusive jurisdiction.

Version 1.0

Version effective as of 17 February 2025