Version 1 - 2026-06-22
These Terms and Conditions (the âTermsâ) consist of
four parts that together form a single, integrated agreement governing
access to the Nimonik Online Store and the purchase and use of Products
from Nimonik:
Part A â Terms and Conditions of Sale, which governs the purchase of
the Product;
Part B â End Customer Licence Agreement, which governs the use of the
Product;
Part C â Use of the Website and Account, which governs use of the
Nimonik Online Store and applies to all users, whether or not a purchase
is made; and
Part D â General Terms, which applies to Parts A, B, and C.
By placing an order for, or accessing, downloading, printing,
installing, or otherwise using, a Product or the Nimonik Online Store,
you accept and agree to be bound by these Terms.
Definitions
The following definitions apply throughout this document, including
Part A and Part B:
âNimonikâ means Document Center Inc., a California
corporation, with its registered office at 401 Roland Way, Ste#224,
Oakland, CA, 94621, United States.
âNimonik Online Storeâ means Nimonikâs online
standards store at https://standards.nimonik.com, through which Products
are offered, ordered, accessed, and delivered.
âLicenseeâ or âyouâ means the
purchaser or end-user of the Product.
âProductâ means the standard, publication, document,
or other content supplied by Nimonik, whether in electronic format or in
hard-copy printed format. Any reference to the Product includes the
Product in its entirety or any part thereof, as applicable.
âOwnerâ means the copyright holder of the Product
identified on or within the Product.
âLicence Feeâ means the amount paid by the Licensee
for the Product.
âT&Csâ means the Terms and Conditions of Sale
set out in Part A.
A) Terms and Conditions of Sale
These T&Cs govern the purchase of Products by the Licensee from
Nimonik.
By placing an order for a Product, or by accessing, downloading,
installing, or otherwise using the Product, the Licensee accepts and
agrees to be bound by these T&Cs and by the End Customer Licence
Agreement set out in Part B. The Licensee shall ensure that it has read
and understood all applicable terms before completing the purchase.
Any questions regarding these Terms may be addressed to Nimonik via
https://standards-nimonik.freshdesk.com/support/tickets/new
1. Invoice and Payment
The Licensee shall pay the applicable price for the Product. Once a
card payment has been processed, an invoice confirming the payment will
be emailed to the Licensee. Orders are paid by credit card and are
charged in full at the time the order is placed.
Where invoice payment has been approved by Nimonik in writing, an
invoice will be issued for payment in accordance with the following
terms:
Payment is due in full within thirty (30) days of the invoice
date, unless otherwise agreed in writing by Nimonik.
Payments must be made in U.S. Dollars (USD) and include the
relevant order number.
Nimonik may accrue interest on overdue amounts at the rate of
1.5% per month, or the maximum rate permitted by applicable law,
whichever is lower, calculated from the due date until paid in full. The
Licensee shall be responsible for all reasonable costs of collection,
including legal fees.
Nimonik may suspend or withhold delivery of, or access to, any
Product until all overdue amounts have been paid in full.
The Licensee is responsible for all bank charges, transfer fees, and
foreign exchange risks associated with the payment. The Licensee is also
responsible for any local taxes, customs duties, or other charges
imposed by the destination jurisdiction.
Sales tax is applied to orders with a billing address in any U.S.
state where Nimonik is required to collect such tax. Applicable sales or
use tax is determined based on the Licenseeâs billing or delivery
address.
2. Order Acceptance and Pricing Errors
All orders placed through the Nimonik Online Store constitute an
offer to purchase and are subject to acceptance by Nimonik. Nimonik may,
in its sole discretion, refuse, limit, or cancel any order, or any
quantity ordered, at any time prior to fulfilment, for any reason it
deems appropriate.
Nimonik uses reasonable efforts to ensure that prices and product
information displayed on the Nimonik Online Store are accurate. However,
errors may occur. Nimonik reserves the right to correct any errors,
inaccuracies, or omissions, and to change or update prices and
information at any time without prior notice. In the event a Product is
listed at an incorrect price or with incorrect information due to a
typographical or other error, Nimonik may, at its discretion, cancel or
refuse any order placed for that Product, whether or not the order has
been confirmed and payment processed. If payment has already been taken
for a cancelled order, Nimonik will issue a full refund of the amount
charged.
3. Delivery and Provision of Products
Products are made available only in one of two formats:
in electronic format, accessible for authenticated users via the
Nimonik Online Store, as either a downloadable PDF or a view-only PDF
(depending on the digital rights management (DRM) requirements
applicable to the Product), or
in hard-copy printed format, dispatched either from Nimonikâs
facility in the United States or directly by the publisher or Owner of
the Product, depending on the Product.
No other formats are offered.
Products are made available/dispatched once the order has been
processed.
Any delivery times, dispatch times, or shipping estimates shown in
the Nimonik Online Store or at checkout are approximate and provided for
guidance only. Actual delivery times may vary and depend on a range of
factors, including order processing, payment clearance, product format,
carrier performance, destination, customs handling, and other
circumstances beyond Nimonikâs reasonable control. Nimonik does not
guarantee any specific delivery or dispatch date and shall not be liable
for any delay in delivery.
4. Returns Policy and Termination
Returns are not accepted for electronic Products (PDF).
Returns of hard-copy Products may be accepted only in cases of
duplicate orders or, on an exceptional basis, on a case-by-case
assessment. In all instances, returns are subject to Nimonikâs prior
agreement and must follow the procedure specified by Nimonik.
For termination of the use rights, please refer to the End Customer
Licence Agreement in Part B.
5. Data Protection
Nimonik processes personal data provided in connection with an order
in accordance with applicable data protection laws, and only as
necessary to process the order, deliver the Product, and meet its legal
obligations.
6. Relationship with End Customer Licence Agreement
For both hard-copy and electronic Products, license rights apply to
the content of the Products. Content of Products is made available under
licence, as further specified in the End Customer Licence Agreement
(Part B), and not sold.
Products are protected by copyright law and other applicable laws.
Use of Products, including permitted use, restrictions, intellectual
property rights, compliance obligations, and termination, is governed
exclusively by the End Customer Licence Agreement.
In the event of any inconsistency, the End Customer Licence Agreement
shall prevail with respect to the use of Products.
7. Disclaimer of Warranties and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCTS ARE PROVIDED âAS
ISâ AND âAS AVAILABLE,â AND ARE SOLD AND LICENSED WITHOUT ANY
REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIMONIK SHALL NOT BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR
PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR
GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE T&Cs OR THE
PURCHASE OR USE OF ANY PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
NIMONIKâS TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION
WITH THESE T&Cs OR ANY PRODUCT SHALL NOT EXCEED THE AMOUNT ACTUALLY
PAID BY THE LICENSEE FOR THE PRODUCT GIVING RISE TO THE CLAIM. NOTHING
IN THESE T&Cs EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED
OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DAMAGE CAUSED
BY GROSS NEGLIGENCE OR INTENT.
B) End Customer Licence Agreement
IMPORTANT â READ CAREFULLY BEFORE DOWNLOADING, PRINTING,
ACCESSING, OR OTHERWISE USING THE PRODUCT.
This agreement (the âAgreementâ) sets out the terms
on which the Licensee may use the Product. This Agreement is entered
into together with, and forms part of the same overall agreement as, the
T&Cs.
By placing an order for a Product, or by accessing, downloading,
printing, installing, or otherwise using the Product, the Licensee
accepts and agrees to be bound by this Agreement and the T&Cs. The
Licensee shall ensure that it has read and understood all applicable
terms before completing the purchase.
Any questions regarding this Agreement may be addressed to Nimonik
via https://standards-nimonik.freshdesk.com/support/tickets/new
1. Scope
This Agreement sets out the terms under which Nimonik grants the
Licensee access to, and rights to use, the Product, whether in whole or
in part.
The licence granted under this Agreement applies only to the specific
edition of the Product purchased or downloaded by the Licensee. It does
not include any previous or subsequent edition. Unless expressly agreed
otherwise in writing, Nimonik does not provide document updates,
maintenance, or support services for the Product.
2. Grant of Licence, Provision, and Permitted Use
(a) Subject to full payment of the applicable Licence Fee and the
Licenseeâs compliance with this Agreement, Nimonik grants the Licensee a
non-exclusive, non-transferable, limited, and revocable licence to use
the Product for use by a single named user. This Agreement does not
convey to you any ownership interest in or to the content of the
Product.
(b) Permitted use includes the right to access, read, consult, and
internally reference the Product, and to understand, evaluate, and apply
its content within the Licenseeâs own internal operations, processes,
and management systems.
(c) Where the Product is provided electronically as a downloadable
PDF, the Licensee, as a single named user, may only access the Product
as an authenticated user via the Licenseeâs Nimonik Online Store
account. Unless the watermark or notice on the PDF itself states
otherwise, the Licensee may download and store one (1) copy on a single
personal device for use by that single user, and may print one (1) copy
of the Product for personal use.
Where the Product is provided as a view-only PDF, the Licensee, as a
single named user, may access and view the Product online as an
authenticated user through the Licenseeâs Nimonik Online Store account,
but may not download, store, print, or otherwise reproduce the
Product.
In all cases, concurrent use by two or more users, and any access to
or storage of the Product on shared systems, networks, intranets, or
shared drives, is not permitted.
(d) For identification and rights-management purposes, electronic
copies of the Product may be watermarked with the account information
provided by the Licensee at the time of purchase, including the
Licenseeâs email address.
(e) Where the Product is provided in hard-copy form, photocopying or
reproduction in any form is not permitted without Nimonikâs prior
written authorization.
(f) You shall provide Nimonik or any designee of Nimonik with all
information reasonably necessary to verify compliance with this
Agreement, and shall use your best efforts to cooperate with Nimonik to
assure compliance.
3. Ownership and Intellectual Property
The Product is protected by copyright law, database rights, trademark
law, unfair competition law, trade secret law, and other applicable
laws. The Licensee acknowledges and agrees to respect the Ownerâs
intellectual property rights in the Product and shall refrain from any
act that may infringe, misappropriate, or otherwise violate such
rights.
All right, title, and interest in and to the Product, together with
any updates, corrections, derivative works, or ancillary materials, and
all intellectual property rights therein, are and shall remain with the
Owner. Where a Product is supplied in physical form, ownership of that
physical medium may transfer to the purchaser; however, all intellectual
property rights in the content of the Product remain with the Owner.
Nothing in this Agreement assigns, transfers, or grants the Licensee any
intellectual property rights in the Product, except for the limited
rights expressly set out herein.
If Nimonik or its licensors are no longer authorized to license a
Product, or if a claim of infringement arises or in Nimonikâs opinion is
likely to arise, Nimonik may withdraw access to the Product temporarily
or permanently, and the Licensee shall promptly suspend or cease all use
of such Product. Nimonik may also, in its sole discretion, discontinue
or withdraw any Product.
4. Use Restrictions
(a) General prohibitions. The Licensee shall not:
use the Product outside the scope of the licence granted under this
Agreement; grant use or access rights to the Product to, or disclose the
Product to, any third party; sell, lend, lease, reproduce, distribute,
import, export, or otherwise commercially exploit the Product, in whole
or in part; merge, adapt, translate, or modify the Product; remove or
alter any proprietary notice or label on or within the Product; or
assign or otherwise transfer ownership of the Product to any third
party.
(b) Artificial intelligence and machine learning.
Except under a separate written licence granted by Nimonik or the Owner,
the Licensee shall not access, use, or process the Product for or in
relation to any machine learning, artificial intelligence (AI), or
analogous computational purpose. This restriction includes, without
limitation:
training, fine-tuning, or evaluating language models,
machine-learning systems, generative AI models, or similar models or
systems;
embedding, prompting, querying, comparing, or otherwise enabling
an AI or ML model or system to ingest, reproduce, restate, summarize,
translate, reformulate, or generate outputs derived from the
Product;
structured extraction, text and data mining, harvesting, or
processing of the text, structure, logic, metadata, or other elements of
the Product for model training, dataset creation, benchmarking, or
automated knowledge extraction; or
any other activity intended to enable an AI or ML system to
ingest, analyze, internalize, or generate content based on the
Product.
The Licensee may not rely on any statutory text-and-data-mining or
similar exception to justify AI- or ML-related use of the Product.
5. Compliance and Audit
The Licensee shall maintain accurate, complete, and up-to-date
records relevant to its use of the Product and its compliance with this
Agreement. If Nimonik has reasonable grounds to believe that the
Licensee is not complying with this Agreement, Nimonik may, upon written
notice, conduct an audit or require that an audit be carried out by an
independent third-party auditor, during normal business hours at the
Licenseeâs premises or through remote access, as appropriate. Any
underpayment of Licence Fees identified through an audit shall be
invoiced to the Licensee and paid in full; if the audit reveals an
underpayment, the Licensee shall also bear the reasonable costs of the
audit and reimburse Nimonik within thirty (30) days of written
notice.
6. Confidentiality
Where the Product or any login credentials, passwords, or access
tokens are provided to the Licensee, the Licensee shall keep them
confidential and shall not share them with any third party or
unauthorized user. The Licenseeâs confidentiality obligations shall
survive the expiration or termination of this Agreement, and the return
or destruction of copies of the Product shall not relieve the Licensee
of its continuing obligation to prevent unauthorized disclosure.
7. Limited Warranty
(a) Nimonik warrants for your benefit alone that, unless disclosed in
the Product to the contrary, Nimonik and the Owner can license the
Product and all copyright and trademarks related thereto or therein.
(b) THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 7 CONSTITUTE THE
ONLY WARRANTIES WITH RESPECT TO THE PRODUCT, AND NIMONIK AND THE OWNER
MAKE NO OTHER REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND,
WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), WITH
RESPECT TO ANY OF THE PRODUCT, INCLUDING, WITHOUT LIMITATION, WITH
RESPECT TO THE SUFFICIENCY, ACCURACY, OR UTILIZATION OF, OR ANY
INFORMATION OR OPINION CONTAINED OR REFLECTED IN, ANY OF THE PRODUCT.
NIMONIK AND THE OWNER EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8. Indemnification
The Owner, Nimonik, any agent, representative, publisher, or
distributor of the Product, and any of their respective directors,
officers, employees, agents, representatives, or members (the âNimonik
and Owner Indemnified Partiesâ) shall have no liability for, and you
shall defend, indemnify, and hold each of the Nimonik and Owner
Indemnified Parties harmless from and against, any claim, loss, demand,
liability, obligation, and expense (including reasonable attorneysâ
fees) based upon or arising out of any injury or damage, or any product
liability claim, including but not limited to any personal or bodily
injury or property damage, arising out of, pertaining to, or resulting
in any way from the use or possession of any of the Product by you
and/or any of your directors, officers, employees, representatives,
agents, or contractors, or from any breach of this Agreement.
9. Limitation of Liability
(a) Whether or not Nimonik or the Owner has been advised of their
possibility, neither Nimonik nor the Owner nor any of their
representatives, agents, directors, officers, employees, or members
shall be liable, whether under contract, tort (including negligence), or
otherwise, for any indirect, special, punitive, incidental, or
consequential loss, damage, cost, or expense of any kind whatsoever and
howsoever caused that may be suffered by you or any third party. You are
responsible for the consequences of any use of any of the Product.
(b) If an allegation of infringement of third-party rights is made,
or in Nimonikâs or the Ownerâs opinion is likely to be made, with
respect to any Product, Nimonik may, at its option and expense, (i)
obtain for you the right to continue using the Product, (ii) modify or
replace the Product so as to avoid the claim, or (iii) refund the
Licence Fee. Nimonik shall have no liability if any claim would have
been avoided except for your refusal to use a modified or replacement
Product or to cease using the Product. This Section 9(b) states the
entire liability of Nimonik and the Owner with respect to any
infringement or alleged infringement of third-party rights.
(c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING
ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE TOTAL AGGREGATE
LIABILITY OF NIMONIK AND THE OWNER ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT OR ANY PRODUCT SHALL NOT EXCEED THE LICENCE FEE PAID BY
THE LICENSEE FOR THE PRODUCT GIVING RISE TO THE CLAIM. NOTHING IN THIS
AGREEMENT EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DAMAGE CAUSED BY
GROSS NEGLIGENCE OR INTENT.
10. Term and Termination
This licence is granted only for the edition of the Product confirmed
in Nimonikâs order confirmation and does not grant any rights to
revisions or new editions of the Product. This Agreement may be
terminated immediately by the Owner or Nimonik upon breach of any
provision by you. Upon any expiration or termination of this Agreement,
you shall immediately discontinue all use of the Product and shall,
within ten (10) days, either return any hard-copy Product to Nimonik or
certify in writing to Nimonik that all electronic copies of the Product
(including any printed copy and any backup copy) have been permanently
deleted from your devices and eliminated from your premises. Provisions
that by their nature are intended to survive termination shall so
survive.
11. Export
You may not load, export, or re-export any of the Product, or any
underlying information or technology, except in full compliance with all
United States and other applicable laws and regulations.
BY ACCESSING, DOWNLOADING, PRINTING, OR OTHERWISE USING THE
PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THIS LICENCE
AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.
C) Use of the Website and Account
This section applies to everyone who accesses or uses the Nimonik
Online Store, whether or not a purchase is made. In this section, âyouâ
means any such user.
Account. You must provide accurate and complete
information when registering for an account and keep it up to date. You
are responsible for keeping your account credentials confidential and
for all activity that occurs under your account. Accounts are personal
to a single user and may not be shared. You must notify Nimonik promptly
of any unauthorized use of your account. Nimonik may suspend or
terminate an account at any time for breach of these Terms or suspected
misuse.
Acceptable Use. You shall not use the Nimonik Online
Store in any unlawful manner; attempt to gain unauthorized access to,
interfere with, or disrupt the Nimonik Online Store or its underlying
systems; introduce any malware or other harmful code; or use any robot,
spider, scraper, or other automated means to access, harvest, index, or
copy the Nimonik Online Store or its catalogue, except for standard
search-engine indexing. You shall not resell, or provide commercial
access to, the Nimonik Online Store. You shall not circumvent, disable,
or interfere with any security, access control, or digital rights
management (DRM) or other technical protection measure applied to the
Nimonik Online Store or any Product.
Website Intellectual Property. The Nimonik Online
Store, including its design, layout, text, graphics, logos, and
trademarks is owned by Nimonik or its licensors and is protected by
applicable laws. Accessing the Nimonik Online Store grants you no rights
in it other than the limited right to access and use it to browse and
purchase Products. Use of the Products themselves is governed by Part
B.
Website Availability. The Nimonik Online Store is
provided on an âas isâ and âas availableâ basis. Nimonik does not
warrant that it will be uninterrupted, error-free, or secure, and may
modify, suspend, or discontinue all or part of it at any time without
notice. The disclaimers and limitations of liability in Part A, Section
7 apply equally to your access to and use of the Nimonik Online
Store.
D) General Terms
This Part D applies to Parts A, B, and C and to all access to and use
of the Nimonik Online Store and the Products.
Governing Law and Dispute Resolution. These Terms
are governed exclusively by the laws of the State of California, United
States, without reference to its conflict of laws principles and to the
exclusion of the United Nations Convention on Contracts for the
International Sale of Goods. The parties consent to the exclusive
jurisdiction of the state and federal courts located in California,
United States. In any action to enforce these Terms, the prevailing
party shall be entitled to recover its reasonable attorneysâ fees and
costs.
Changes to these Terms. Nimonik may amend or update
these Terms at any time by posting the revised Terms in the Nimonik
Online Store. The version of these Terms in effect at the time an order
is placed governs that order, and the version in effect at the time the
Nimonik Online Store is used governs that use. Continued use of the
Nimonik Online Store or any Product following any change constitutes
acceptance of the revised Terms.
Order of Precedence. Parts A, B, and C are to be
read together as a single agreement. In the event of any inconsistency
concerning the use of a Product, Part B prevails; in the event of any
inconsistency concerning use of the Nimonik Online Store, Part C
prevails.
Customer Terms Excluded. Any terms and conditions
proposed by the Licensee, whether referenced in an order or contained in
any other document, are expressly excluded and shall have no effect.
No Trademark Rights. Nothing in these Terms grants
the Licensee any right to use Nimonikâs or the Ownerâs trademarks,
logos, or other brand identifiers. Any such use requires separate
written authorization, and any unauthorized use constitutes a breach of
these Terms.
Electronic Communications. By using the Nimonik
Online Store or placing an order, the Licensee consents to receive
communications from Nimonik electronically, including invoices, notices,
and other records, and agrees that such electronic communications
satisfy any legal requirement that a communication be in writing.
Force Majeure. Nimonik shall not be liable for any
failure or delay in performance resulting from causes beyond its
reasonable control, including acts of God, natural disasters, labor
disputes, carrier delays, failures of telecommunications or internet
services, governmental action, or other events of force majeure.
Assignment. The Licensee may not assign or transfer
these Terms, or any rights or obligations under them, without Nimonikâs
prior written consent. Nimonik may freely assign these Terms. These
Terms are binding upon and inure to the benefit of the parties and their
permitted successors and assigns.
Waiver. No failure or delay by Nimonik in exercising
any right under these Terms shall operate as a waiver of that right, and
no single or partial exercise of any right shall preclude any further
exercise of that or any other right.
Severability. If any provision of these Terms is
held to be invalid, illegal, or unenforceable, it shall be limited or
reformed only to the minimum extent necessary to make it enforceable,
and the remaining provisions shall remain in full force and effect.
Entire Agreement. These Terms (Parts A, B, C, and
D), together with the applicable order confirmation, constitute the
entire agreement between Nimonik and the Licensee with respect to the
Nimonik Online Store and the Products, and supersede all prior or
contemporaneous understandings or agreements, whether written or oral.
Headings are for convenience only and do not affect interpretation.
