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Terms and conditions of use of Mercator Ocean products

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Terms and conditions of use of Mercator Ocean products

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1/ INTRODUCTION

The purpose of these terms and conditions is to define the conditions under which MERCATOR OCEAN grants the User, on a non-exclusive and temporary basis, a non-transferable right to use Mercator Ocean products. This right of use includes the right to reproduce, modify, integrate and incorporate Mercator Ocean products for the User’s own internal use.

Redistributing or disseminating any MERCATOR OCEAN product in its original form via any media is therefore strictly prohibited by these terms of use.

The products supplied are those obtained exclusively from MERCATOR OCEAN systems.

The use of Mercator Ocean products supplied on demand means unconditional acceptance of the present conditions. No other conditions can prevail over them.

These conditions of use can be completed by a Contract which will mention the object of the application as well as the use made by the user, will describe the technical elements (the delivered products and their mode of delivery) and will specify the duration of the right of use.

Some Copernicus Marine Service products, from MERCATOR OCEAN systems or other production centres, are made available by MERCATOR OCEAN on its OPenDAP. For these products exclusively, the applicable conditions of use are those of the Copernicus Marine Service which the user undertakes to read and apply: https://marine.copernicus.eu/user-corner/service-commitments-and-licence

2/ DEFINITIONS

For the purposes of these terms and conditions:

  • Agreement or Contract: means the Terms of Use Agreement for Mercator Ocean Products.
  • Mercator Ocean Products: means the products produced by the MERCATOR OCEAN system. They are originals products.
  • Products made available: these are the operational and other MERCATOR OCEAN products created within the framework of the European COPERNICUS MARINE SERVICE or outside this framework, to which MERCATOR OCEAN’s services and expertise are added, allowing the products to be delivered to the User, without the need for the latter to download them and to process them by his own means.
  • COPERNICUS MARINE SERVICE products: these are the products created by CMEMS and made available in the Copernicus Marine Service catalogue. They are original products. The right to use the COPERNICUS MARINE SERVICE products is free of charge for the Users of this portal, as described in the CMEMS licence, https://marine.copernicus.eu/user-corner/service-commitments-and-licence
  • Derivative product: means a product created by the User using at least in part the Mercator Ocean Products provided among which the part of the original products is encrypted and non-reusable.
  • Value-added products or services: means the products which have undergone a non-oceanographic process of transformation, beyond the pure delivery as formatting, coloring, retaining a share from the original products that can be recovered and used easily and that can be unambiguously identified.
  • Right of use: means the right to reproduce, modify, integrate and incorporate Mercator Ocean products for the User’s own use.

3/ FINANCIAL CONDITIONS

  • The provision of the products is made free of charge: All the costs related to the production and the diffusion of the products are supported in totality by MERCATOR OCEAN and its associates.

         This concerns all types of projects, research and scientific mediation or commercial applications which do not require specific developments by MERCATOR OCEAN.

  • Products are made available for a fee: After acceptance of a quote and signature of a fee-based contract.

         For certain project contexts, which require developments for the provision of products; the price corresponds to the cost of provision and of the specific development           carried out.

The contract between the User and MERCATOR OCEAN is established on a paying basis. In return for the right which is granted to him, the User commits himself to pay               MERCATOR OCEAN the firm and fixed sum communicated by estimate.

4/ OBLIGATIONS OF THE TWO PARTIES

a. Commitments of MERCATOR OCEAN

MERCATOR OCEAN undertakes to make the products available to the User under the conditions set out in these terms of use or in the Contract

MERCATOR OCEAN grants the User the right to use Mercator Ocean products internally. The right of use includes the right to reproduce, modify, integrate and incorporate Mercator Ocean products for internal use by the User.

MERCATOR OCEAN shall inform the User of any changes in the content of the supplies that may occur during the time the files are made available (correction of anomalies, changes in the assimilation method, modification of format), as well as any events that may have an impact on the availability or quality of these supplies (incidents, malfunctions, delays).

MERCATOR OCEAN will examine any request for modification of the supply of the products, made by the User. MERCATOR OCEAN will make an answer within 4 weeks after reception of the request. In the case of a positive answer, the modification will be performed by MERCATOR OCEAN within an additional period not exceeding 6 weeks.

b. Commitments of the User

For products delivered on the MERCATOR OCEAN FTP server, the User undertakes to send an acknowledgement of receipt of products after every delivery at the following address products@mercator-ocean.fr, meaning that the download of products is made.

The User undertakes to use the Mercator Ocean products only within the framework set out in these conditions of use or in the contract and for the period specified when registering for the service. Any other use of Mercator Ocean products is forbidden.

The User undertakes not to reproduce or transfer to any third party all or part of the products provided by MERCATOR OCEAN.

The User acknowledges that the products covered by the licence granted through the present terms and conditions remain the exclusive property of MERCATOR OCEAN. The User has only a Right of use concerning these products.

The User acknowledges that Mercator Ocean products are protected under French intellectual property law. The User’s personnel are not authorised to exploit the Right of use for their personal ends.

The User undertakes to respect the provisions of French intellectual property law and the rules laid down by any international conventions to which France is a signatory.

The User commits himself to mention MERCATOR OCEAN and to insert in a clear and apparent way the name or the logo of MERCATOR OCEAN in all communications, publications or any other diffusion entering the field of the study or the use which is made with the products put at disposal.

  • For the MERCATOR OCEAN products and the products made available:

The User will mention on each derived or added value Product published, the following warning:  “Generated with MERCATOR OCEAN products“.

The User shall ensure that all documentation distributed by him or on his behalf for the promotion of the Derived or Value-added Products includes the following warning:         “Documentation produced using MERCATOR OCEAN products“.

  • For COPERNICUS MARINE SERVICE products: Mercator Ocean makes these products available to the User on the OPenDAP (reminder https://marine.copernicus.eu/user-corner/service-commitments-and-licence)

The following warning will be mentioned on each derived or added value product published: “Generated with Copernicus Marine Service products“.

The user shall ensure that any documentation distributed by him or on his behalf for the promotion of Derived or Value-added Products includes the following warning:              “Documentation produced using Copernicus Marine Service products“.

The User undertakes to submit a feedback (report) to MERCATOR OCEAN who reserves the right to contact him regarding the use of the products.

In addition to the above, the following provisions apply to the products accessible on the OPenDAP:

The present terms of use do not allow access to other products than those validated (and accepted) by MERCATOR OCEAN when registering for the service.

  • Any access and use of another product by the user, will immediately terminate the OPenDAP access without notice from MERCATOR OCEAN.
  • Any abusive use of MERCATOR OCEAN’s OPenDAP that could disrupt the service for other users will result in an immediate suspension of the service. It will be reopened only if MERCATOR OCEAN is convinced of a change of attitude of the User.

5/ LIABILITY

MERCATOR OCEAN cannot be held responsible for the consequences, whether direct or indirect, of the interpretation and/or the use by the User of the information provided. As a result, the User undertakes not to pursue MERCATOR OCEAN under law for any direct or indirect damages related to the use or interpretation of its products.

MERCATOR OCEAN cannot be held responsible for any interruption in supply to the User in the event of an absence or delay of the entry data made available to MERCATOR OCEAN by national or international services and necessary for simulations by the Mercator Ocean system.

MERCATOR OCEAN cannot be held responsible for the absence of data due to a legal obligation imposed on it to protect certain information that would be against national defense interests to divulge.

6/ FORCE MAJEURE

By common accord, the Parties may agree on a case of force majeure as defined by ordinary law, on the understanding that this can include any event beyond the control of the Parties that is both unforeseeable and unavoidable and that prevents one or other of the Parties from carrying out all or part of its obligations.

The Party invoking force majeure shall inform the other party by registered letter within eight (8) days of the event. A case of force majeure of this nature may be sufficient cause for these terms and conditions of use or Contract, to be suspended, if the Parties deem it to be necessary.

7/ PRIVACY POLICY

MERCATOR OCEAN’s Personnal Data Policy is available at this link

8/ CANCELLATION

The terms and conditions of use, or Contract, shall be cancelled automatically if either Party should be in serious breach of its obligations under the terms of the Agreement. The Party notifying the breach of the Agreement may terminate the Agreement without the other Party being able to claim the slightest loss or damage. The cancellation shall apply after a period of 30 days following the first presentation of a registered letter that has not been followed by execution.

9/ JURISDICTION – SETTLING DISPUTES

The validity and interpretation of the Agreement are subject to French law.

In the event of any dispute concerning the interpretation or execution of this Agreement, the Parties shall make every effort to resolve the dispute amicably through conciliation.

If the dispute persists, it shall be submitted to the appropriate courts.

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