MACC-II General Service Level Agreement

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1 MACC-II General Service Level Agreement MACC-II General Service Level Agreement Grant agreement n

2 File: MACCII_SLA_general(D141.5_A).docx.doc/.pdf 1. Preamble This General Service Level Agreement specifies the terms and conditions under which the MACC-II Consortium (hereafter the Licensor, as defined in the Annex) shall deliver the MACC-II Products to a User (hereafter the Licensee as defined in the Annex) and under which the Licensee shall contribute to the definition, evaluation and further improvement of the Products and Services. This General Service Level Agreement refers to the MACC-II Products available from the MACC-II data servers and thus can be signed online by the Licensee. Before signing the General Service Level Agreement the Licensee has to register and to provide information on the intended use of MACC-II Products. If a Licensee requests specific Services and Products or a higher level of service commitment than available through the MACC-II data servers the Licensee must negotiate a Dedicated Service Level Agreement with the MACC-II Consortium. Before signing the General Service Level Agreement, the Licensee is informed of the conditions of use described in the MACC-II licence agreement (Annex). 2. MACC-II Standard Commitment 2.1. MACC-II Standard Products and Services This General Service Level Agreement refers to MACC-II Products produced under the MACC-II project and managed by the MACC-II Consortium. MACC-II Products are resulting from work undertaken by the entities comprising the MACC-II Consortium. The MACC-II Products under this General Service Level Agreement are accessible through the MACC-II web product catalogue, which links to the relevant data servers, and are documented in the Product Portfolio and Service Specification. The MACC-II Products cover the following themes: Air quality and atmospheric composition Climate forcing Ozone and ultra-violet radiation Solar radiation Emissions and surface fluxes and are of following kinds: Model Outputs (Analyses, Reanalysis, Forecasts) Observations (from a set of space-borne sensors) Surface fluxes (top-down and bottom-up estimates of natural and anthropogenic fluxes and emissions) 2 / 6

3 File: MACCII_SLA_general(D141.5_A).docx.doc/.pdf Tools (scenario tools for air quality) 2.2. Quality of MACC-II Products The Licensor aims to deliver the MACC-II Products in a quality as defined in the Service Specification document. Quality control procedures as defined in the Validation Protocol shall apply to all MACC-II Products, where possible. Availability of products on the data servers is based on a best effort basis. Licensees needing higher levels of service commitment than available through the MACC-II data servers must negotiate a Dedicated Service Level Agreement with the MACC-II Consortium. The Licensor is committed to continuously improve the quality of the MACC-II Products and will involve its Licensees in this process in order to assure the fitness for purpose. 3. Obligations of the Licensor and Licensee 3.1. Licensor obligations The Licensor shall assess and respond to the requirements of the Licensee with regard to its purposes and to any feedback concerning the quality of the MACC-II Products. In cases where the Licensee notifies the Licensor of a deficiency in service delivery with respect to the Service Specification, the Licensor shall then take all reasonable measures to rectify the service and to improve the overall quality of the services for the Licensee. The MACC-II consortium uses its web site to inform the Licensees on service changes and service status. The MACC-II web site also provides the relevant documentation including the regular Validation Reports. Licensees can register for an mailing list to receive regular notifications on service updates and service status Licensee obligations The Licensee agrees to provide annually a brief written report on the utility and fitness of the MACC-II Products for the Licensee s purposes using a Utility Report Template provided by the Licensor. The purpose of these Utility Reports is to enable the Licensor to identify the advantages and shortcomings of the MACC-II Products and derive the requirements for the evolution of the Services. 4. Validity and duration This Service Level Agreement shall come into force on the date of its on-line signature by the Licensee and will remain valid until the end of the MACC-II project. 3 / 6

4 File: MACCII_SLA_general(D141.5_A).docx.doc/.pdf ANNEX 1. Interpretation Licence terms for use of MACC-II Products MACC-II: the European project "Monitoring Atmospheric Composition and Climate - Interim Implementation" funded under the European Union's Seventh Framework Programme (FP7 THEME [SPA ]) under grant agreement n ; MACC-II Consortium: all the members from time to time of the consortium which generates MACC-II Products; MACC-II Products: any product in the MACC-II Product Portfolio, which the Licensee accesses under these licence terms; Direct Access: Access which enables the Licensee to retrieve the MACC-II Products hosted by the Licensor by means of interactive client software; Host: the relevant member of the MACC-II Consortium, which hosts the particular MACC-II products as identified in the MACC-II Product Portfolio for each product; Licensee: The person or the organisation he/she represents, authorised by the Licensor to use the MACC-II Products pursuant to these licence terms; and Licensor: The Host acting on its own behalf and/or on behalf of relevant members of the MACC-II Consortium. 4 / 6

5 File: MACCII_SLA_general(D141.5_A).docx.doc/.pdf 2. General conditions 1. The Licensee is authorised to use on a non-exclusive basis the MACC-II Products for its own purposes, including research, education and activities for commercial gain. 2. The Licensee shall not reproduce, distribute, license, transfer, assign, sell, disclose or otherwise forward the MACC-II Products, whether in their original form nor use the MACC-II Products to provide a service to any third party, where the original numerical values of the MACC-II Products can be accurately rebuilt from such service, without the prior written consent of the Licensor. 3. The Licensee shall not use, store or deal with the MACC-II Products in any way which conflicts with the authorised use indicated in Condition 1 and/or the restrictions indicated in Condition 2 without the Licensor's prior written consent. The Licensee shall notify the Licensor immediately if it becomes aware of any unauthorised use of the MACC-II Products. 4. The Licensee agrees to acknowledge the origin of the MACC-II Products in any publication arising out of the Licensee s use of the MACC-II Products. It will provide the Licensor a copy of such publication, upon request. 5. The Licensee undertakes to use identifiers, passwords and any other security information or device received from the Licensor for the sole purpose of Direct Access and shall not make them available to third parties under any circumstances. 3. Duration and termination of this agreement 6. The Licensor reserves the right, at its sole discretion, to change, modify, add, remove or otherwise alter the MACC-II Products at any time, including at the time funding for MACC-II ceases, and will provide reasonable notice to the Licensee of any revisions made. 7. The Licensor reserves the right, at its sole discretion, to change, modify, add, remove or otherwise alter these licence terms at any time, including at the time funding for MACC-II ceases, and will provide reasonable notice to the Licensee of any revisions made. 8. The Licensor may terminate the licence granted under these licence terms if the Licensee fails to remedy any breach of its obligations under these licence terms within 30 days of notice from the Licensor, requesting the Licensee to remedy such breach. 4. Warranty and liability 9. The Licensor makes no warranty as to the accuracy or completeness of the MACC-II Products. All MACC-II Products are provided on an "as is" basis without warranties or 5 / 6

6 File: MACCII_SLA_general(D141.5_A).docx.doc/.pdf conditions of any kind, either express or implied, including, without limitation, any warranties or conditions of title, non-infringement, quality, or fitness for a particular purpose. The Licensee assumes any risks associated with the exercise of the rights granted to it under these licence terms. Any warranty implied by statute or otherwise is hereby excluded from these licence terms to the fullest extent permissible by law. 10. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law, shall the Licensor or any member of MACC-II Consortium be liable to the Licensee for damages, including any direct, indirect, special, incidental, or consequential damages of any kind arising as a result of these licence terms or out of the use or inability to use the MACC-II Products (including but not limited to damages for loss of profits, loss of data or loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if the Licensor has been advised of the possibility of such damages. 11. The Licensor makes no warranty with regard to the software provided to the Licensee to access the MACC-II Products. The software is provided on an "as is" basis. Any warranty implied by statute or otherwise is hereby excluded from this agreement to the fullest extent permissible by law. 12. The Licensee acknowledges that Direct Access to the MACC-II Products may be unavailable, delayed or interrupted. The Licensor takes no responsibility for, and will not be liable for, any unavailability, delay or interruption in Direct Access to the MACC-II Products at any time or for any period. 5. Intellectual property rights 13. The Licensee acknowledges that all intellectual property rights in the MACC-II Products shall remain the property of the Licensor and/or members of the MACC-II Consortium. 6. Governing law 14. These licence terms shall be construed in accordance with the law of Belgium. In the event of a dispute arising in connection with these licence terms, the parties shall attempt to settle their differences in an amicable manner. If any dispute cannot be so settled, it shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by three arbitrators appointed in accordance with the said rules sitting in Brussels, Belgium. The proceedings shall be in the English language. The right of appeal by either party to the Belgian Courts on a question of law arising in the course of any arbitral proceedings or out of an award made in any arbitral proceedings is hereby agreed to be excluded. 6 / 6

7 MACC-II Dedicated Service Level Agreement MACC-II Dedicated Service Level Agreement Grant agreement n

8 File: MACCII_SLA_dedicated(D141.5_B).docx.doc/.pdf 1. Preamble This Dedicated Service Level Agreement specifies the terms and conditions under which the MACC-II Consortium (hereafter the Licensor, as defined in the Annex) shall deliver specific MACC-II Products to a User (hereafter the Licensee as defined in Annex 1) and under which the Licensee shall contribute to the definition, evaluation and further improvement of the Products and Services. This Dedicated Service Level Agreement refers to the MACC-II Products specifically adapted for the user needs (specific Products or standard Products with a higher level of service commitment) and thus needs to be negotiated and signed off-line by the Licensor and Licensee. This Dedicated Service Level Agreement contains information on the specific MACC-II Products and the intended use of the product by the Licensee. Before signing the Dedicated Service Level Agreement, the Licensee is informed of the conditions of use described in the MACC-II licence agreement (Annex 1). 2. Parties of this Agreement This Dedicated Service Level Agreement is concluded between: XXX as Licensor XXX as Licensee The contact persons of each Party are: Licensee Licensor Each Party shall inform the other Party immediately in writing about changes regarding their respective contact persons. 3. MACC-II Dedicated Commitment 3.1. MACC-II Dedicated Products and Services This Dedicated Service Level Agreement refers to MACC-II Products produced under the MACC-II project and managed by the MACC-II Consortium. MACC-II Products are resulting from work undertaken by the entities comprising the MACC-II Consortium. Under this Dedicated Service Level Agreement the signing Licensor commits to deliver to the Licensee the following specific services: 2 / 7

9 File: MACCII_SLA_dedicated(D141.5_B).docx.doc/.pdf Overall description of the service, products, frequency, resolution, data dissemination, Additional products Products with higher resolution Guaranteed service frequency, percentage of availability, Specific data access, The service specifications and delivery milestones are detailed in Annex Quality of MACC-II Products The Licensor aims to deliver the MACC-II Products in a quality as defined in the Service Specification document. Quality control procedures as defined in the Validation Protocol shall apply to all MACC-II Products, where possible. The Licensor is committed to continuously improve the quality of the MACC-II Products and will involve its Licensees in this process in order to assure the fitness for purpose. 4. Obligations of the Licensor and Licensee 4.1. Licensor obligations The Licensor shall assess and respond to the requirements of the Licensee with regard to its purposes and to any feedback concerning the quality of the MACC-II Products. In cases where the Licensee notifies the Licensor of a deficiency in service delivery with respect to the Service Specification, the Licensor shall then take all reasonable measures to rectify the service and to improve the overall quality of the services for the Licensee. The MACC-II consortium uses its web site to inform the Licensees on service changes and service status. The MACC-II web site also provides the relevant documentation including the regular Validation Reports. Licensees can register for an mailing list to receive regular notifications on service updates and service status Licensee obligations The Licensee agrees to provide annually a written report on the utility and fitness of the MACC-II Products for the Licensee s purposes using a Utility Report Template provided by the Licensor. The purpose of these Utility Reports is to enable the Licensor to identify the advantages and shortcomings of the MACC-II Products and derive the requirements for the evolution of the Services. 5. Validity and duration This Service Level Agreement shall come into force on the date of its signature by the Licensee and Licensor and will remain valid until the end of the MACC-II project. 3 / 7

10 File: MACCII_SLA_dedicated(D141.5_B).docx.doc/.pdf ANNEX 1 1. Interpretation Licence terms for use of MACC-II Products MACC-II: the European project "Monitoring Atmospheric Composition and Climate - Interim Implementation" funded under the European Union's Seventh Framework Programme (FP7 THEME [SPA ]) under grant agreement n ; MACC-II Consortium: all the members from time to time of the consortium which generates MACC-II Products; MACC-II Products: any product in the MACC-II Product Portfolio, which the Licensee accesses under these licence terms; Direct Access: Access which enables the Licensee to retrieve the MACC-II Products hosted by the Licensor by means of interactive client software; Host: the relevant member of the MACC-II Consortium, which hosts the particular MACC-II products as identified in the MACC-II Product Portfolio for each product; Licensee: The person or the organisation he/she represents, authorised by the Licensor to use the MACC-II Products pursuant to these licence terms; and Licensor: The Host acting on its own behalf and/or on behalf of relevant members of the MACC-II Consortium. 4 / 7

11 File: MACCII_SLA_dedicated(D141.5_B).docx.doc/.pdf 2. General conditions 1. The Licensee is authorised to use on a non-exclusive basis the MACC-II Products for its own purposes, including research, education and activities for commercial gain. 2. The Licensee shall not reproduce, distribute, license, transfer, assign, sell, disclose or otherwise forward the MACC-II Products, whether in their original form nor use the MACC-II Products to provide a service to any third party, where the original numerical values of the MACC-II Products can be accurately rebuilt from such service, without the prior written consent of the Licensor. 3. The Licensee shall not use, store or deal with the MACC-II Products in any way which conflicts with the authorised use indicated in Condition 1 and/or the restrictions indicated in Condition 2 without the Licensor's prior written consent. The Licensee shall notify the Licensor immediately if it becomes aware of any unauthorised use of the MACC-II Products. 4. The Licensee agrees to acknowledge the origin of the MACC-II Products in any publication arising out of the Licensee s use of the MACC-II Products. It will provide the Licensor a copy of such publication, upon request. 5. The Licensee undertakes to use identifiers, passwords and any other security information or device received from the Licensor for the sole purpose of Direct Access and shall not make them available to third parties under any circumstances. 3. Duration and termination of this agreement 6. The Licensor reserves the right, at its sole discretion, to change, modify, add, remove or otherwise alter the MACC-II Products at any time, including at the time funding for MACC-II ceases, and will provide reasonable notice to the Licensee of any revisions made. 7. The Licensor reserves the right, at its sole discretion, to change, modify, add, remove or otherwise alter these licence terms at any time, including at the time funding for MACC-II ceases, and will provide reasonable notice to the Licensee of any revisions made. 8. The Licensor may terminate the licence granted under these licence terms if the Licensee fails to remedy any breach of its obligations under these licence terms within 30 days of notice from the Licensor, requesting the Licensee to remedy such breach. 4. Warranty and liability 9. The Licensor makes no warranty as to the accuracy or completeness of the MACC-II Products. All MACC-II Products are provided on an "as is" basis without warranties or 5 / 7

12 File: MACCII_SLA_dedicated(D141.5_B).docx.doc/.pdf conditions of any kind, either express or implied, including, without limitation, any warranties or conditions of title, non-infringement, quality, or fitness for a particular purpose. The Licensee assumes any risks associated with the exercise of the rights granted to it under these licence terms. Any warranty implied by statute or otherwise is hereby excluded from these licence terms to the fullest extent permissible by law. 10. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law, shall the Licensor or any member of MACC-II Consortium be liable to the Licensee for damages, including any direct, indirect, special, incidental, or consequential damages of any kind arising as a result of these licence terms or out of the use or inability to use the MACC-II Products (including but not limited to damages for loss of profits, loss of data or loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if the Licensor has been advised of the possibility of such damages. 11. The Licensor makes no warranty with regard to the software provided to the Licensee to access the MACC-II Products. The software is provided on an "as is" basis. Any warranty implied by statute or otherwise is hereby excluded from this agreement to the fullest extent permissible by law. 12. The Licensee acknowledges that Direct Access to the MACC-II Products may be unavailable, delayed or interrupted. The Licensor takes no responsibility for, and will not be liable for, any unavailability, delay or interruption in Direct Access to the MACC-II Products at any time or for any period. 5. Intellectual property rights 13. The Licensee acknowledges that all intellectual property rights in the MACC-II Products shall remain the property of the Licensor and/or members of the MACC-II Consortium. 6. Governing law 14. These licence terms shall be construed in accordance with the law of Belgium. In the event of a dispute arising in connection with these licence terms, the parties shall attempt to settle their differences in an amicable manner. If any dispute cannot be so settled, it shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by three arbitrators appointed in accordance with the said rules sitting in Brussels, Belgium. The proceedings shall be in the English language. The right of appeal by either party to the Belgian Courts on a question of law arising in the course of any arbitral proceedings or out of an award made in any arbitral proceedings is hereby agreed to be excluded. 6 / 7

13 File: MACCII_SLA_dedicated(D141.5_B).docx.doc/.pdf ANNEX 2 Description of Service Purposes of the Licensee that are supported by the Service(s) Licensee purpose xxx Support by MACC-II Service(s) xxx Service specifications Criterion Parameters Service level Delivery formats Auxiliary variables Geographic coverage, sampling and horizontal resolution Vertical coverage, sampling and resolution Temporal coverage, sampling and resolution Additional information Known issues Requirements <O3, AOD, > <NRT delivery, accuracy, > <GRIB, NetCDF, > <surface pressure, > <global, 1 x 1, > <all model levels> <NRT, 3-hourly, > Delivery milestones Milestone Date Content Milestone 1 xxx Start of Service Milestone 2 xxx xxx 7 / 7

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