Terms and conditions of use of Mercator Ocean products
(Digital, graphical products and expertise)
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.
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 terms and conditions are complemented by an Agreement which describes the subject (application for which the products are used), the products delivered, the mode of delivery, and the duration of the right of use.
For the purposes of these terms and conditions:
- Mercator Ocean Products: means the products produced by the MERCATOR OCEAN system. They are originals products.
- Mercator Ocean – Copernicus Marine Service Products: means the products from the MERCATOR OCEAN system distributed through the Marine Copernicus Service.
- 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, colouring, 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
- For research projects, scientific mediation, or any project organised for non-commercial research purposes only, products are delivered free of charge [a necessary condition for the recognition of non-commercial purposes is that all the results obtained are openly available to cost delivery only, without any delay linked to business objectives and the research itself is submitted for open publication].
The Agreement between the User and MERCATOR OCEAN is drawn up on a no fee basis. All the costs relating to the production and the diffusion of these products are fully covered by MERCATOR OCEAN’s shareholders.
- For commercial applications, and some project contexts, particularly if they require further development for the provision of products, products are delivered after the acceptance of a quotation and the signing of a paid contract.
The fee corresponds to the cost of provision and of any resulting specific development added to an access package to the product asked.
The Agreement between the User and MERCATOR OCEAN is a paying contract. In return for the right granted, the User undertakes to pay MERCATOR OCEAN a fixed lump sum.
4/ OBLIGATIONS OF THE TWO PARTIES
a. Obligations of MERCATOR OCEAN
MERCATOR OCEAN undertakes to provide the User with the products under the conditions stated in the Agreement.
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 the Mercator Ocean products for the User’s own internal use.
MERCATOR OCEAN will tell the User of evolutions of the contents of supplies that can happen for the duration of provision of files (correction of anomaly, evolution of the method of assimilation, modification of format), as well as events that can have an impact on availability or quality of these supplies (incidents, dysfunction, delays).
MERCATOR OCEAN will examine any request of modification of the provisioning of products made by the User and provide an answer within 4 weeks after receipt of the request. In the case of a favourable answer, the modification will be performed by MERCATOR OCEAN in an additional delay not exceeding 6 weeks.
b. Obligations of the User
The User undertakes to send an acknowledgement of receipt of products after every delivery at the following address firstname.lastname@example.org, meaning that the download of products is made.
The User undertakes to use the Mercator Ocean products only for the framework defined and during the term of the Agreement. In no circumstances shall the Mercator Ocean products be used outside the framework of this Agreement.
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 undertakes to mention MERCATOR OCEAN in the event of the use of Mercator Ocean products in the context of communication, publications or any other dissemination of information related to the study.
Regarding Mercator Ocean products
The User will indicate the following warning on each derivative or value-added product published: “Generated with Mercator Ocean products”.
The User must ensure that all documentation distributed by himself or on his behalf to publicise the derivative or value-added products carries the following warning: “Documents produced using Mercator Ocean products”.
Regarding Mercator Ocean – Copernicus Marine Service products
The User will indicate the following warning on each derivative or value-added product published: “Generated with E.U. Copernicus Marine Service Information”.
The User must ensure that all documentation distributed by himself or on his behalf to publicise the derivative or value-added products carries the following warning: “Documents produced using E.U. Copernicus Marine Service Information”.
The User undertakes to submit a feedback (report) to MERCATOR OCEAN who reserves the right to contact him regarding the use of the products.
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 this Agreement to be suspended, if the Parties deem it to be necessary.
The Agreement shall be cancelled automatically in the event that 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.
8/ 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.