Licence

CLS categories its data into different groups. Different licence arrangement may apply for each category of data.

Free Licenses

These terms and conditions govern the use of free CLS Data Store product and services provided through this website for which you must register.

Chargeable Licenses

CLS offers a number of products and services for which a chargeable licence fee will apply. To discuss access to information under these license please contact the service desk datastore: servicedesk.cls.store@cls.fr

CLS’ General Terms and Conditions shall apply to subscription orders as well as to single orders.

Free License

CLS Data Store Product Licence

Licence

CLS grants you a worldwide, royalty-free, perpetual, non-exclusive licence to use, copy and adapt the data provided through the CLS Data Store (the “Data”).

This licence is provided free of charge.

Your obligations

You must not use any Data in a way that suggest any official status or that CLS endorses you or your use of the Data (including any product or application that incorporates the Data).

Terms of service

Availability

CLS Data Store is provided to you without any guarantee of continued availability; In the event of disruption of degradation of the service for any reason, CLS shall use reasonable endeavours to return the service to operation.

Access to Data

You may only use the APIs that we provide or expressly authorise you to use with the Service. You may not use any other automated device or technique to monitor or copy any Data provided through the Service.

Notifications

CLS shall endeavour to provide notification of major incidents, including service interruption, In case of an especially significant incident or change, CLS may send an email alert to users who have indicated that they are happy to receive CLS Data Store related communications.

Support

CLS Data Store Service is made available to you on a Self Service basis. No provision is made for individual technical support in the use of the Service or any data or API provided as a part of the Service. CLS Data Store users are encouraged to support each other through use of the User Community Forum.

No liability

The Data are provided to you “as is”.

Your use of the CLS Data Store Products is entirely at your own risk. CLS makes no warranty, representation, or guarantee that the Product, or will be, error fee.

CLS does not warrant that the CLS Data Store Products will be fit for your intended use and you are responsible for undertaking your own evaluation exercise before choosing to rely upon the Service and any Data.

CLS shall not be liable for any loss or damages suffered by you as a result of the unavailability of the CLS Data Store, any changes to or removal of the Data or APIs provided through it, or any failure to provide notification of any incident or change. This exclusion shall not apply in the case of any death or personal injury resulting from CLS’s negligence, any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by CLS, or any other matter for which it would be illegal or unlawful for CLS to exclude or attempt to exclude its liability.

Chargeable License

CLS Data Store Product License

Interpretation and Definitions

CLS Data Store Catalogue means the list of Products made available via the CLS Data Store website to the Licensee at any given time.

CLS Data Store Products means those products made available for use via CLS Data Store catalogue; different types of products exist:

Intellectual Property Rights means any 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, trademarks 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 design, 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.

License means the terms and conditions of this License as amended from time to time

Licensor means the owner or licensor of CLS Data Store Products

Licensee means the individual or organization which, subject ot the terms and conditions of this License, is permitted to use CLS Data Store Products

Value Added Products means a product which has been created by modifying a CLS Data Store Product to a higher processing level which retains the original source image data and pixel structure

Derivative Work means any product and/or information which has been derived, developed and irreversibly modified from CLS Products or Value Added Products and does not retain the original pixel structure of a CLS Product

Commercial Use means any development of Value Added Products, Derivative work or services based on CLS Products which will contribute to a sale, a licence or any other commercial activity

Permitted Uses

Standard licence permission

Subject to the terms and conditions of this agreement, the Licensee is hereby granted a worldwide, non-exclusive, royalty free license to:

– make and use such reasonable copies of CLS Data Store Products for internal use and back up purposes

– modify, adapt, develop, create and distribute Value Added Products or Derivative Work from CLS Data Store Products for any purpose (scientific, operational, commercial, etc.)

– to freely use and distribute Derivative Work.

Restricted licence permission

Subject to the terms and conditions of this agreement, the Licensee is hereby granted a worldwide, non-exclusive, royalty free license to:

– make and use such reasonable copies of CLS Data Store Products for internal use and back up purposes

– modify, adapt, develop, create and distribute Value Added Products or Derivative Work from CLS Data Store Products for non commercial purposes ONLY. Commercial use is subject to separate agreement and license as referred in CLS.

License permission applicable to all Products

The Licensee is authorized to make the CLS Data Store Products and/or any Value Added Products available to contractors and consultants, only for use on behalf of the Licensee, subject to such contractors and consultants agreeing in writing, in advance to be bound by the same limitations on use as applicable to the Licensee and to return the CLS Data Store Product and Value Added Product to Licensee, and to keep no copy therof, upon completion of the contracting or consulting engagement.

The Licensee will ensure that original CLS Data Store Products or Value Added Products or Derivative Works developed from CLS Data Store Products including publications and pictures shall credit CLS Data Store by explicitly making mention of the originator in the following manner:

Availability commitment

Data Store Type of request Definition Performance target
Data Store System(1) Webportal avaibility Availability of the service for a month(5) 97%
Download product (through subsetter MOTU Real Time(2)) Availability of the service for a month(5) 97%
Download product (through subsetter MOTU Archive(3)) Availability of the service for a month(5) 90%
WMS TDS Real Time(2) Availability of the service for a month(5) 97%
WMS TDS Archive(3) Availability of the service for a month(5) 90%
Tailored FTP Availability of the service for a month(5) 97%
Data Store Service desk Account creation Time to provide to user a account 98% within the day(4)
Answering question Time to provide to user an answer concerning the products and services (expertise requests) 98% within 5 days(4)
Quotation Time to provide to user a quotation for data access 98% within 10 days(4)

 

(1) The Performance targets are defined only for the dissemination of the products. CLS Data Store is not in charge of the computation of the products themselves therefore the target SLA regarding the production part is not integrate in the CLS Data Store SLA

(2) Real Time: qualification for a service which can deliver only the last current month of data

(3) Archive: qualification for a service which can deliver the whole period for a data

(4) Days are working days

(5) Computed on the 24/7 basis and excluding planned service outage period

The Licensee acknowledges that Direct Access to the CLS Data Store Products may be unavailable, delayed or interrupted for cause such as the maintenance or security. The Licensor takes no responsibility for, and will not be liable for, any unavailability, delay or interruption in Direct Access to the CLS Data Store Products at any time or for any period.

Prohibited Uses

The Licensee shall not reproduce, distribute, license, transfer, assign, sell, disclose or otherwise forward the CLS Data Store Products, whether in their original form or as part of a Service, to any third party, without the prior written consent of the Licensor.

The Licensee shall not use, store or deal with the CLS Data Store Product in any way which contradicts the authorised use and/or the exclusions without the Licensor’s prior written consent. The Licensee shall notify the Licensor if it becomes aware of any unauthorised use of the CLS Data Store Products.

Intellectual Property Rights

All Intellectual Property Rights of the CLS Data Store Products owned by CLS or its licensors shall remain the property of CLS or its licensors and the Licensee acknowledges the full title and ownership by CLS or its licensors of all the CLS Data Store Products supplied.

The Licensee agrees to acknowledge the origin of the CLS Data Store Products in any scientific publication arising out of the use of the CLS Data Store Products. It will provide the Licensor a copy of such publication, upon request.

The CLS Data Store Products are protected by French and international copyrights laws.

In addition, the CLS Data Store and the data contained therein are protected by article L341-1 to 343-7 of the French Code of Intellectual Property Law as amended by the statute of 1 Julyh 1998, relative to database copyright and to similar statutes in European countries that have incorporated EU Directive n° 96/9 of 11 March 1996 on database copyright into their laws.

Disclaimers

The Licensor makes no warranty as to the accuracy or completeness of the CLS Data Store Products. All CLS Data Store Products are 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. The Licensor does not warrant that the CLS Data Store Product shall meet the Licensee’s requirements or expectations, or shall be fit for the Licensee’s intended purposes.

Liabilities

Neither party shall be liable to the other under any cause of action for any loss of profit or loss of revenue (whether direct or indirect); and indirect loss, loss of goodwill, reputation or opportunity; or any loss of or corruption of data however so arising out of or in connection with this agreement whether or not that party had been informed of or was aware that there was a serious possibility of such loss.

Breach of the Licence

The Licence shall run for the entire term of protection of French Intellectual Property rights inherent in the CLS Data Store Products. The Licensor may terminate this Licence if the Licensee fails to remedy any breach of its obligations under this agreement within 30 days of notice from the Licensor, requesting the Licensee to remedy such breach.

Governing Law

The validity, construction and performance of this agreement shall be governed by the law of France. In the event of a dispute arising in connection with this agreement, the Parties shall attempt to settle their differences in an amicable manner; in the event that 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; unless otherwise agreed in writing, the arbitrators shall sit in Paris, France. The proceedings shall be in the English language.

Confidentiality

The Licensee undertakes to use identifiers, passwords and any other security information or device received from CLS for the sole purposes for which access to CLS systems has been granted and not to make them avaible to third parties under any circumstances.

Changes to the Licence

CLS reserves the right, at its sole discretion, to change, modify, add, remove or otherwise alter this agreement at any time without notice.

Terms and conditions for Commercial use of restricted license products

For restricted license for commercial use, please contact: servicedesk.cls.store@cls.fr

CLS
11 rue Hermès
Parc Technologique du Canal
31520 Ramonville Saint-Agne
N° SIRET : 338 034 390 00082 Code APE : 7112 B
SA au capital de 2 433 618 €
RCS Toulouse 338 034 390
TVA FR95 338034390
N° Téléphone : (33) 05 61 39 47 00 – N° Fax : (33) 05 61 75 10 14

Director of publication : Sophie Besnard