Service Commitments and Licence

March 2012

 

1. Preamble


This document is integral part of the “Service Level Agreement” (SLA) or  “Agreement” between the User and MyOcean for the provision of the MyOcean services. Its purpose is to outline the range and level of services that MyOcean will supply to the User.
 

Before signing the SLA, the User is informed of the commitments on service (paragraph 2) and conditions of use described in the MyOcean licence (Annex).


This new version of the SLA concerns an evolution of the MyOcean project  from 10th January 2012.


Most of the products are accessible directly from the Web Portal portal: a centralised access with a single password.

Some products are not available for download via a centralized access (but only their onw Production/Dissemination Units).  Thus, transactions for these products can not be monitored (nor accounted) by MyOcean, however the level of service is compatible with the commitments described below.


The SLA will be updated in December 2012 to take into account changes in service commitments.


2. MyOcean commitments on service


The MyOcean Service Desk is the single point of contact for MyOcean Users for all issues relating to MyOcean services. It can be reached at servicedesk@myocean.eu.org


2.1 Service Elements: MyOcean products

All products are detailed in the MyOcean catalogue. They are of 3 kinds:

  • Observations
    In Situ measurements (from Argo buoys, gliders, Ferryboxes, …)
    Space measurements (from spaceborne sensors)
  • Model Outputs
    Analysis (Hindcast and Nowcast)
    Forecasts
  • Re-analysis (of Observations or Model Outputs)

They cover the 7 following geographical areas:

  • Global Ocean
  • Arctic Ocean
  • Baltic Sea
  • Atlantic European North West Shelf Ocean
  • Atlantic Iberian Biscay Irish Ocean
  • Mediterranean Sea
  • Black Sea

And contain the following parameters:

  • Temperature
  • Sea Surface Temperature
  • Salinity
  • Currents
  • Sea Surface Height
  • Sea Ice (several parameters)
  • Wind
  • Biogeochemistry (several parameters)

All products are available in an electronic form:

  • 91 % of them are made accessible via the on-line catalogue (by the web portal or by executable scripts).
  • Other products are made accessible through FTP or SFTP servers.

 

2.2 Web portal

The MyOcean web portal is the main entry point to access MyOcean Products & Services.

The MyOcean commitments on this service element are as follows:

Measurement Definition Performance targets(1)
Information web pages availability Maximum outage duration < 3 hours per outage, during working hours in 90% of cases
On-line catalogue availability Maximum outage duration < 2 days* per outage in 90% of cases
Global web portal availability Percentage of days without failure, in a year 95 %
Download product by On-line catalogue Percentage of days without failure, in a year 90 %

 

(1) Performance targets indicated per year.
*Days are from Monday to Friday, excluding public holidays.

2.3 Service Desk 

The MyOcean commitments on the Service Desk are as follows:

Measurement Definition Performance targets(1)

  Response time of Service Desk for requests
  concerning the service and the products

 Time taken for Service Desk to provide
  information to User requests

 by email: 90% within
 the day* 

  Response time of Service Desk about    treatment of  SLA sent by the User

 From reception of the SLA, time taken for Service Desk to open the service to the User

  by email: 80% within
 3 days*

  Response time of Service Desk concerning
  expertise

 Time taken for Service Desk to provide information to User requests  by email: 90% within   5 days*


*Days are from Monday to Friday, excluding public holidays.


2.4 Incident management

In support of services outlined in this Agreement, MyOcean will respond to service related incidents within the following time frames:

Incident Type

Incident response targets
(information to User from Service Desk)

Service restoration
Incident resolution targets(2)
Web portal failure 90% within the day* 95 % within 48 hours during working hours

 

 (2) Incident resolution targets indicated per year.
 

2.5 Agreed Service Desk hours

Normal working hours are defined as 09:00->17:00 french local time from Monday to Friday, excluding french public holidays.
 

2.6 Confidentiality

Each User enquiry will be treated as commercially confidential by MyOcean.

User details will not be transmitted outside the MyOcean consortium in application of the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection fo individuals with regard to the processing of personal data and on the free movement of such data..


2.7 Delivery of products

As soon as the SLA is validated by the Service Desk, the User is informed and receives a login and password to access to products.

Login and password are personal to the signatory of the SLA and non-transferable.

The service relies on on-line catalogue for 216 products and it relies on Production/Dissemination Unit’s organisation for the last part.

The User is informed about the opening of the service directly by the Service Desk.

In case of a failure in the provision of any product, an information will be posted on the web portal under ”news flash” and the Service Desk will inform the User by email. A solution will be proposed.


2.8 Service maintenance

The commitments on service continuity are those currently applied by the centralised information system for 91 % of the products and by each Production/Dissemination Unit, which may differ from one to another, for the other products.

The MyOcean service will take reasonable endeavours to provide advanced notice to Users in case of:

  • Changes to the provision of services provided under this SLA.
  • Scheduled routine maintenance leading to the temporary unavailability of the services provided under this SLA.
     

2.9 Service level reporting

The Service Desk will record statistics on Service Desk response times to allow the measurement of the service level performance against this SLA. To do this, the Service Desk may contact the User to request some information.
 

2.10 User feedback

When registering to MyOcean service, the User is asked to give information about his applications. This information will be used to globally monitor the service and will be treated as confidential by MyOcean as stated in paragrah 2.6.

Moreover, in order to allow MyOcean to continuously improve the service, Users will be asked to give feedback on:

  • MyOcean products & services overall quality
  • how well the products and services are relevant for the User application(s)
  • what further improvements can be made to the products and services

The User will make such feedbacks available to the MyOcean service upon reasonable notice being given.


3. Conditions


All the costs (production and service) are fully covered by MyOcean consortium with the financial support of the EC, through the FP7 program, until the end of the MyOcean Project (planned on 30th September 2014).Thus, MyOcean services and products are free of charge for the User until this date.

Technical upgrades and service commitment updates will be done on regular basis. The next release (new version of service) is scheduled by December 2012.


4. Validity, duration


This SLA shall come into force on the date of opening of the service to the User and will remain valid until the end of the MyOcean Project.

N.B.: note that the User is called “Licensee” in the Licence here after.

 

ANNEX

 

LICENCE TO USE MYOCEAN PRODUCTS

 

IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE USING MY OCEAN PRODUCTS. This Licence Agreement is a legal agreement between the Licensee and the entities comprising the MyOcean Consortium and sets out the terms for use of MyOcean Products which will apply to the Licensee. Use of MyOcean Products means that the Licensee agrees to abide by all of the terms and conditions in this Licence.

 

Introduction

 

(i)The MyOcean project is funded under a European Commission 7th Framework Programme (“FP7”) Grant Agreement and managed by the MyOcean Consortium.

(ii)MyOcean Products are products resulting from work undertaken by the entities comprising the MyOcean Consortium, listed in the MyOcean catalogue.

(iii)The MyOcean Consortium does not constitute a legal entity but is a consortium, comprising several legal entities formed under the terms of the MyOcean Consortium Agreement.

 

1.Interpretation and Definitions

 

Derivative Work

 means any product and/or information which has been derived, developed and irreversibly modified from MyOcean Product(s) or Value Added Product(s) and does not retain the original pixel structure of a MyOcean Product;

Intellectual Property Rights

intellectual property rights of all kinds regardless of the form or medium stored, including:

•all patents
•rights to inventions
•copyright and related rights
•moral rights
•trade marks and service marks
•trade names and domain names
•rights in get-up
•rights to goodwill or to sue for passing off or unfair competition
•rights in designs
•rights in computer software
•database rights
•rights in confidential information (including know-how and trade secrets)
•any other rights in the nature of intellectual property rights

in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or 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 together with all rights of action in relation to the infringement of any of the above;
MyOcean Catalogue means the list of MyOcean Products made available via the MyOcean website to the Licensee at any given time;
MyOcean Consortium means the consortium formed by the entities participating in the MyOcean project, operating under the terms of the MyOcean consortium agreement and the FP7 grant agreement for the MyOcean project;
MyOcean Product(s) means those products created by the MyOcean consortium made available for use under the MyOcean catalogue;
Licence means the terms and conditions of this licence as amended from time to time;
Licensee means the individual or organisation which, subject to the terms and conditions of this Licence, is permitted to use MyOcean Products;
Value Added Product means a product which has been created by modifying a MyOcean Product to a higher processing level which retains the original source image data and pixel structure.


 

2. Licence Permissions

 

2.1 This Licence is granted free of charge.

2.2 The Licensee is hereby granted a worldwide, non exclusive, royalty free, perpetual licence, (subject to the terms and 
       conditions of this agreement) to:

       (a) make and use such reasonable copies of MyOcean Products for internal use and back up purposes;

       (b) modify, adapt, develop, create and distribute Value Added Products or Derivative Work from MyOcean Products for any
             purpose.

2.3 The Licensee will not distribute any MyOcean Product in its original form via any media.

2.4 MyOcean Credit:

      (a) The Licensees will ensure that original My Ocean products - or value added products or derivative works developed from
            MyOcean Products including pictures - shall credit MyOcean by explicitly making mention of the originator (MyOcean) in
            the following manner:    “Generated using MyOcean Products”

      (b) In case of any publication, the Licensees will ensure credit MyOcean in the following manner:
            "This study has been conducted using MyOcean Products"

2.5 The Licensee will and will procure that its staff, students, contractors and agents abide by the terms and conditions of this
       Licence.

2.6 The Licensee will and will procure that its staff, students, contractors, agents and customers maintain such records to
      document and trace use of MyOcean Products. The Licensee will make such records available to the MyOcean Consortium
      upon reasonable notice being given. This requirement will be propagated in all descending licences.

 

3. Intellectual Property Rights


3.1 All Intellectual Property Rights in MyOcean Products belong, and will continue to belong, to the entities comprising the
      MyOcean Consortium/or its licensors.

3.2 All new Intellectual Property Rights created as a result of modifying or adapting MyOcean Products will be owned by the Licensee.

 

4. Disclaimers


4.1 THE MYOCEAN CONSORTIUM DOES NOT WARRANT THAT MYOCEAN PRODUCTS WILL BE FREE FROM ERRORS OR 
      OMISSIONS AND THAT SUCH ERRORS OR OMISSIONS CAN BE RECTIFIED, OR THAT THE LICENSEE WILL HAVE
      UNINTERRUPTED ACCESS TO MYOCEAN PRODUCTS.

4.2 THE MYOCEAN CONSORTIUM EXCLUDES ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS,
       OBLIGATIONS WHETHER EXPRESS OR IMPLIED BY STATUTE INCLUDING BUT NOT LIMITED TO THE IMPLIED
       WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE TO
       THE FULLEST EXTENT PERMITTED BY LAW.

 

5. Liabilities


5.1 An entity of the MyOcean Consortium will not be held liable for any damage, loss whether direct, indirect or consequential
      resulting from the Licensee’s use of MyOcean Products.

 

6. Breach of this Licence


6.1 When the MyOcean Consortium considers that a breach of this Licence has occurred, it may at its discretion take such action
      as deemed appropriate. Failure to comply with the terms and conditions of the Licence Permissions constitutes a material
     breach of the terms of use for which the Licensee is permitted to use MyOcean Products and may result in the MyOcean 
     Consortium taking all or any of the following actions.

     (a) Immediate, temporary or permanent withdrawal of the Licensee’s right to use MyOcean Products.

     (b) Issue a warning to the Licensee.

     (c) Legal proceedings against the Licensee for reimbursement of all costs on an indemnity basis (including but not limited to
           reasonable administrative and legal costs) resulting from the breach.

     (d) Disclosure of such information to law enforcement authorities as the MyOcean Consortium feels is necessary or as
           required by law.

6.2 The MyOcean consortium excludes its liability for all action it may take in response to breaches of this Licence. The actions
      described above are not limited, and the MyOcean Consortium may take any other action it deems appropriate.

6.3 The Licensee will indemnify the entities forming the MyOcean consortium against breach of this Licence.

 

7. Governing Law


7.1 This Licence will be construed and enforced in accordance with Belgian Law in conjunction with the International Chamber of
       Commerce (ICC). ICC's International Court of Arbitration will have exclusive jurisdiction to deal with any dispute that arises
       out of or in connection with this Licence.

 

8. Changes to this Licence


8.1 The MyOcean Consortium may revise this Licence at any time and will provide reasonable notice to the Licensee of any
       revisions made.

 

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