Ocean Data Platform Terms

TERMS AND CONDITIONS FOR USE OF THE OCEAN DATA PLATFORM AND PUBLICATION AND USE OF DATA

Last updated 27 June 2022

Summary

This is a summary of the terms and conditions for the use of the Ocean Data Platform, which includes the Ocean Data Explorer, the Ocean Data Connector and other services as may be made available. By using the Ocean Data Explorer, you are able to see and search through data, and to use them for any purposes that are permitted by the one who provided the data in question. By using the Ocean Data Connector, you may create notebooks where you are able to work with data sets, write code and download the content of your notebook. You may also share the content of your notebook with select other users.  

The purpose of the Ocean Data Platform is to contribute to increased open sharing of ocean data, which in turn can foster innovative uses and analyses of such data and data-driven tools for a healthy and productive ocean. This summary is not a substitute for the full terms and conditions, which follow below.  

Use of the Ocean Data Platform 

By using the Ocean Data Platform, you agree to the terms and conditions included below. This entails that HUB Ocean will make the Ocean Data Platform available to you for your use. 

In return, you agree that you will not use the Ocean Data Platform in any way that violates the below terms and conditions, which for instance precludes any illegal use.  

You also acknowledge and certify that if you are using the Ocean Data Platform in a professional setting, that you are entitled to do so and that you accept these terms and conditions on behalf of your employer (if any). In any case you acknowledge and certify that you are 18 years or older and that you will not share your password or otherwise provide access to your user account to someone else without our permission.   

Use of data on the Ocean Data Platform 

You are free to:  

• Access and use the the Ocean Data Platform and use data for any purpose that is permitted by the Data Provider;

• If the Data Provider has permitted you to:  

• Use the data for any purposes permitted by the Data Provider;

• Download the data;

• Share the data by redistributing it for non-commercial purposes, provided that you give attribution, link to these terms and conditions, do not add additional terms, and indicate if you have made any changes; and/or

• Access and use your notebook(s) on the Ocean Data Connector, and share the content of your notebook with any specific users you may choose. We will not share the content of your notebook(s) unless you choose to do so.

Neither the Data Provider nor HUB Ocean give you any warranties regarding the content of the data. Your use is on your own risk.

If available: Publication of data on the Ocean Data Platform 

If the possibility of uploading data on the Ocean Data Platform is made available to you and you so choose, you agree to make data available on the Ocean Data Platform for non-commercial use. If you so choose, you can also agree to commercial use. 

You also warrant that you have the right to make the data available on the Ocean Data Platform and for further use pursuant to these terms and conditions, that the data are, to the best of your knowledge, true and accurate and that you do not have positive knowledge of defects, errors or omissions, at the time of uploading. Other than this, the data is provided “as is” and you do not make any warranties regarding the use or content of the data, including its quality, and you do not accept any liability for the use of the data. 

The following shall not be made available on the Ocean Data Platform:  

• Malware, viruses or similar; 

• Data that cannot by law be made publicly available, for instance information that is classified pursuant to laws or regulations provided by nation states or international organisations; or 

• Data which you do not wish to make openly available, for instance because the data should remain confidential.  

Full terms and conditions  

These Terms and Conditions are provided by the Infrastructure Provider for regulation of Data published on the ODP, and for use of the ODP, for the purpose of contributing to increased open sharing of ocean data which in turn can foster innovative uses and analyses of such data and data-driven tools for a healthy and productive ocean. 

By accessing the ODP and/or accessing or using the Licensed Data, the Data Provider and User, as the case may be, agree to these Terms and Conditions as of that same time.  

The Data Provider and User further acknowledge and agree that they have certain rights and obligations towards other Users and other Data Providers, to the extent such rights and obligations are intended to be established by these Terms and Conditions.  

If you are a Data Provider or User on behalf of someone else, for instance your employer, you certify that you are entitled to provide the License, User License and/or use the ODP, as applicable, on behalf of that person or entity, and accept these Terms and Conditions on behalf of that person or entity. In any case you acknowledge and certify that you are 18 years or older and that you will not share your password or otherwise provide access to your user account to someone else without our permission. 

To the extent these Terms and Conditions constitute a contract, the User and Infrastructure Provider are granted the License in consideration of their acceptance of these Terms and Conditions, and the Data Provider grants them such rights in consideration for benefits the Data Provider receives from making the Licensed Data available under these Terms and Conditions. The same applies for any User License, which the User grants to the Infrastructure Provider and/or other Users in consideration for benefits the User receives from making any User Content available under these Terms and Conditions, and which the Infrastructure Provider and/or User are granted in consideration of their acceptance of these Terms and Conditions. 

1. Definitions 

1.1 Adapted Data means data that is derived from or based upon the Licensed Data in such a manner that the Licensed Data is still contained therein.

1.2 Commercial Purposes means any purpose where there is a commercial activity that includes the Licensed Data.

1.3 Data means any quantitative or qualitative data sets, in any form or format.

1.4 Data Provider means any person who makes Data available on the ODP, or have consented to the making available of Data on the ODP. If Data is made available by Data Provider on behalf of someone else, that person or entity is also a Data Provider.

1.5 Infrastructure Provider or HUB Ocean means Stiftelsen HUB Ocean (reg. no. 925 365 297), its successors or assignees.

1.6 Licensed Data means the Data that the Data Provider makes available, or consents to the making available of, on the ODP. 

1.7 Non-Commercial Purposes means purposes that are not Commercial Purposes.

1.8 Ocean Data Explorer means the part of the Ocean Data Platform where the User can see, access and use Data.

1.9 Ocean Data Connector means the part of the Ocean Data Platform where the User can work in notebooks, and choose to download and/or share the content of own notebooks with other Users.

1.10 ODP means the Ocean Data Platform, which includes the Ocean Data Connector and the Ocean Data Explorer, and which may be extended to include additional environments or functionalities.

1.11 Permitted Purpose means Non-Commercial Purposes or Commercial Purposes, or other purposes that the Data Provider has specified, depending on which purpose(s) the Data Provider has made the relevant Licensed Data available for.

1.12 Personal Data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

1.13 Terms and Conditions means the terms and conditions set out in this document, as they may be updated from time to time.

1.14 User means any person or entity who uses the ODP, accesses Licensed Data on the ODP, or who directly or indirectly gains access to the Licensed Data from someone else who has gained access to it from the ODP, and who thereby accepts these Terms and Conditions.

1.15 User Content means any information, images, blog posts, source code, or other content that a User submits, makes available, posts or displays on the ODP, including any related intellectual property rights.

2. License 

2.1 Grant of license: Subject to these Terms and Conditions, and unless otherwise agreed when the Data Provider consented to the making available of Data on the ODP, the Data Provider grants to the Infrastructure Provider and the User a worldwide, royalty-free, non-sublicensable, non-exclusive license to access, copy (if permitted), use and share (if permitted) the Licensed Data, including to create, produce and reproduce Adapted Data for Non-Commercial Purposes, and, if the Data Provider so chooses, for Commercial Purposes (the “License”). If otherwise agreed, the terms and conditions agreed will apply (“Data Provider’s Terms”).

2.2 User Content: To the extent the User provides User Content on the ODP, the User grants to the Infrastructure Provider a worldwide, royalty-free, non-sublicensable, non-exclusive license to access, copy and use the User Content for the purpose of operating, displaying and providing the ODP (the “User License”). The Infrastructure Provider will not be entitled to share the User Content or to use it for any other purposes unless the User so agrees. The User further grants the User License to any other Users to the extent necessary in order for other Users to access and use the User Content the ODP, if made available by the User who provided the User Content.

2.3 Exclusion of certain types of data. The following shall not be made available on the ODP:  

1(a) Malware, viruses or similar; 

1(b) Data that cannot by law be made publicly available, for instance information that is classified pursuant to laws or regulations provided by nation states or international organisations; or

1(c) Data which the Data Provider does not wish to make openly available, for instance because the data should remain confidential.

2.4 Information to accompany the Licensed Data: When making available Licensed Data, the Data Provider must submit certain information as requested on the ODP, which may include specifications of the Permitted Purposes.

2.5 General limitations on the User: A User of Licensed Data accepts the following limitations of the License:  

1(a) Only use the Licensed Data in accordance with the License or Data Provider’s Terms (whichever is applicable); 

1(b) Only use the Licensed Data for the Permitted Purposes; 

1(c) Not sell the Licensed Data as is, even if the Licensed Data can be used for Commercial Purposes; and  

1(d) Not use the Licensed Data in an unethical, misleading, distorted or incorrect manner. 

2.6 No use as evidence against the Data Provider: In consideration of the License granted by the Data Provider, the User agrees not to use any Licensed Data, directly or indirectly, as evidence or to substantiate or support allegations of criminal behavior or other claims against the Data Provider or its affiliates.

2.7 No bad faith: As a condition for the License, the User agrees not to use the Licensed Data in bad faith.  

2.8 Mandatory law: To the extent that use of the Licensed Data is required or permitted by mandatory law, the User does not have to comply with these Terms and Conditions.

2.9 Sharing: If permitted by Data Provider (or Data Provider’s Terms), User may share Licensed Data and/or its own Adapted Data, but shall attribute ODP and the Data Provider appropriately by citing the source of the Licensed Data. If Adapted Data is shared, the User shall indicate that adaptions have been made. When sharing, the User must include a reference to these Terms and Conditions. The User can determine the terms and conditions of the sharing so long as they do not prevent the recipient(s) from complying with these Terms and Conditions. By accessing the Licensed Data and/or Adapted Data, the recipient automatically accepts and agrees to these Terms and Conditions and becomes a User.

2.10 Commercial use for a license fee: Should a Data Provider wish to make certain Data available on ODP for Commercial Purposes against a licensee fee, and this is available as a functionality of the ODP, the Data Provider and User must enter into a separate agreement on fair and reasonable conditions. If available, a request for such an agreement can be made on the ODP, but the Data Provider is under no obligation to grant an extended license for commercial use. The Data Provider may, at its discretion, permit certain types of commercial use but not others. ODP is not a party to agreements between Data Providers and Users related to use for Commercial Purposes and does not accept any obligations or liabilities arising from such agreements.

2.11 Licenses for use of the ODP and third-party’s terms: The Infrastructure Provider may use or base itself on third-party software or data licensed by a third party, to provide the ODP as a service to the Users. Data available on the ODP may be subject to Data Provider’s Terms. ODP may also integrate with other services. Use of third-party software and data is subject to the third-party license terms, which may be open source license terms, and which the User accepts by such use. The Infrastructure Provider has no responsibility for the User’s use of any third-party software or data. The components or data that the Infrastructure Provider is using in offering the ODP, and that require the Infrastructure Provider to redistribute the associated license terms are redistributed together with such data or components, either by reference directly in the component in question or by reference where the data or components are made available on the ODP.

3. No endorsement 

Nothing in these Terms and Conditions constitutes or shall be interpreted as Infrastructure Provider or the Data Provider endorsing, being connected with or sponsoring the User or the User’s activity. Likewise, Infrastructure Provider is not endorsing, connected with or sponsoring any Data Provider or Data Provider’s activities.

4. Warranties, liabilities and use 

4.1 Limited warranties for the Data Provider: Any Data Provider that makes Data available on the ODP warrants that it has the right to make the Licensed Data available on the ODP.

Although the Data Provider warrants that, to the best of its knowledge, the Licensed Data is true and accurate and that the Data Provider does not have positive knowledge, at the time of making the Licensed Data available, of defects, errors or omissions, the Data is provided “as is”, and may contain defects, errors or omissions. In the interest of quality of data and transparency, the Data Provider may submit documentation or information that supports the quality of the data, and any such documentation or information does not affect the above.

4.2 No warranties regarding defects, errors, omissions, the use of the Licensed Data or the ODP: The Data Provider and the Infrastructure Provider have no liability for defects, errors or omissions of the Licensed Data, except, for the Data Provider’s sake, as expressly stated in Section 4.1 above, or for the User’s use of the Licensed Data, and specifically waives any express or implied warranty of the content or relevance of the Licensed Data, including its fitness for purpose, quality, absence of defects or errors, non-infringement, accuracy or merchantability, to the maximum extent permitted by law. In addition, Infrastructure Provider disclaim any liability for defects, errors and omissions related to the ODP.

4.3 Consideration: The User accepts the waiver of liabilities and warranties in Section 4.2 as consideration for the License granted.

4.4 Damages: The Data Provider and Infrastructure Provider are not liable for the User’s damages, whether direct, indirect or consequential, resulting from the User’s use of the Licensed Data, under any legal theory, and the User agrees and accepts that the Data Provider and Infrastructure Provider are excused from responsibilities as described in this Section 4.4.

4.5 Indemnification: The User’s use of the License is at the User’s own risk, and the User shall indemnify the Data Provider and/or Infrastructure Provider for any and all liability for losses and claims by third parties that arise as a consequence of the User’s use of the License, provided that such losses and claims are not a result of gross negligence or willful misconduct on the part of the Data Provider or Infrastructure Provider.

5. Personal data 

To the extent Infrastructure Provider process personal data, such processing is performed in accordance with Infrastructure Providers Privacy Policy, published on the ODP web pages.

6. Term and termination 

6.1 Term and termination: The License applies until further notice. If a User fails to comply with these Terms and Conditions, the License terminates automatically. The License may be reinstated if the User cures the breach within 30 days of the breach, or upon express reinstatement by the Data Provider. The Infrastructure Provider may, additionally and at its discretion, terminate any License(s) provided by the Data Provider or in use by the User.  

6.2 Changes to these Terms and Conditions: The Infrastructure Provider may at any point in time update or make changes to these Terms and Conditions, and any Data Provider and User agree to be bound by the most recently updated version at any given point in time, unless the update or change is substantial, in which case the Infrastructure Provider will publish an updated version on its website with a 30-days’ notice. Should a User or Data Provider continue using the ODP beyond the 30-days’ notice, the updated version of the Terms and Conditions will be deemed accepted. The current version of these Terms and Conditions is available on www.oceandata.earth.

6.3 The Data Provider’s right to make changes: The Data Provider is free to stop licensing its Licensed Data under these Terms and Conditions at any point in time. Upon receiving written notice, the Infrastructure Provider will terminate Users’ access to the Data in question accordingly. Such an action will, however, only be effective going forward and does not affect use of the License that has already happened. For the avoidance of doubt, the Data Provider is also free to offer the same Data under other terms and conditions, elsewhere than on the ODP.

7. Governing law and dispute resolution  

These Terms and Conditions and any disputes and claims arising out of, in connection with or relating to this license, shall be governed by Norwegian law, without regard to its choice of law principles, unless a dispute or claim is brought by a User against a Data Provider, in which case it shall be governed by the law of the Data Provider’s main domicile. The legal venue shall be the Data Provider’s ordinary legal venue, or for claims where a Data Provider is not involved, the Infrastructure Provider’s ordinary legal venue. The Data Provider may choose to pursue a claim against a User at other competent legal venues, where applicable.

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