OpenIFS Data Hub Access Conditions

License Agreement and Privacy Statement for ERA5 Data

This document contains two parts: (I) the license agreement and (II) the Data Protection and Personal Privacy Statement.

I. Licence to Use C3S Information and Data

1. Definitions

1. 1.1. 'C3S' means the Copernicus Climate Change Service.
2. 1.2. 'Licensor' means the European Centre for Medium-Range Weather Forecasts (ECMWF), acting on behalf of the European Commission.
3. 1.3. 'Licensee' means all C3S users:
4. 1. 1.3.1. Core users: European Union institutions and bodies, European, national, regional or local authorities entrusted with the definition, implementation, enforcement or monitoring of a public service or policy in the areas atmosphere monitoring, marine environment monitoring, land monitoring climate change, emergency management and security;
   2. 1.3.2. Research users: universities or any research and education organisations;
   3. 1.3.3. Commercial and private users;
   4. 1.3.4. Charities, non-governmental organisations and international organisations.
5. 1.4. 'License' means the license agreement between the Licensor and the Licensee.
6. 1.5. 'C3S Test Information' means: preliminary Information to contribute to the provision of essential climate variables, climate analysis, and information to increase the knowledge base to support adaptation and mitigation policies released prior to the production of final Copernicus information.
7. 1.6. 'C3S Test Data' means: any preliminary research and development results and documentation of implemented processes and algorithms,regardless of the form or the media in which they may exist, which are produced by ECMWF as outcome of the C3S services delivered to the European Commission prior to the production of final Copernicus data.
8. 1.7. 'Intellectual Property Rights' means intellectual property rights of all kinds regardless of the form or medium stored,
9. 1. 1.7.1. 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 designs; 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;
   2. 1.7.2. 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.
10. 1.8. 'Copernicus Contractor' refers to providers of Copernicus related goods and services, including Information and Data, to the Licensor and/or to the users.
11. 1.9. 'Copernicus Regulations' refers to Regulation (EU) No 377/2014 of the European Parliament and of the Council of 3 April 2014 establishing the Copernicus Programme.
12. 1.10.'ECMWF Agreement' refers to the agreement between the European Commission and ECMWF dated 11 November 2014 on the implementation of the Copernicus Atmosphere Monitoring and Climate Change Services.

2. Introduction

C3S is funded under the Copernicus Regulation and operated by ECMWF under the ECMWF Agreement. Access to all Copernicus (previously known as GMES or Global Monitoring for Environment and Security) Information and Data is regulated under Regulation (EU) No 1159/2013 of the European Parliament and of the Council of 12 Jul 2013 on the European Earth monitoring programme, under the ECMWF Agreement and under the European Commission's Terms and Conditions Access to all Copernicus information is regulated under Regulation (EU) No 1159/2013 and under the ECMWF Agreement.

The License designed to reflect the relevant law:

3. Terms of the License

This License sets out the terms for use of C3S Test Data and Information by C3S users. By agreeing to these terms the Licensee agrees to abide by all of the terms and conditions in this Licence for the use of C3S Test Information and Data. ECMWF will commence releasing final C3S Information and Data at a later point of time.

4. Licence Permission

1. 4.1. This License is free of charge, worldwide, non-exclusive, royalty free and perpetual.
2. 4.2. Access to C3S Test Information and Data is given for the purpose of the following use in so far as it is lawful: reproduction; distribution; communication to the public; adaptation, modification and combination with other data and information; or any combination of the foregoing.

5. Attribution

1. 5.1. All uses of the C3S Test Information and Data must provide attribution to Copernicus. Copernicus requires clear, visible attribution which may not be moved to the end credits or fade out after a few seconds.
2. 5.2. The Licensee will communicate to the public the source of the Test Information and Data by crediting the Copernicus Climate Change Service:
3. 1. 5.2.1. Where the Licensee communicates to the public or distributes or publishes C3S Test Information and Data, the Licensee shall inform the recipients of the source of that Test Information and Data by using the following or any similar notice:

      'Generated using Copernicus Climate Change Service Test Information [Year]'.

   2. 5.2.2. Where the Licensee makes or contributes to a publication or distribution containing adapted or modified C3S Test Information or Data, the Licensee shall provide the following or any similar notice:

      'Contains modified Copernicus Climate Change Service Test Information [Year]';

   3. 5.2.3. Any such publication or distribution shall state that neither the European Commission nor ECMWF is responsible for any use that may be made of the Test Information or Data it contains.

6. Intellectual Property Rights

All Intellectual Property Rights in the C3S Test Information and Data belong, and will continue to belong, to the European Union.

7. Disclaimers

1. 7.1. Neither the Licensor nor the European Commission warrant that C3S Test Information and Data will be free from errors or omissions or that such errors or omissions can or will be rectified, or that the Licensee will have uninterrupted access to C3S Information and Data.
2. 7.2. The Licensor, as well as the European Commission, exclude all warranties, conditions, terms, undertakings, obligations whether express or implied by statute including but not limited to the implied warranties of satisfactory quality and fitness for a particular purpose or otherwise to the fullest extent permitted by law.
3. 7.3. The Licensor reserves the right, at its sole discretion, to change, modify, add, remove or otherwise alter the C3S Test Information and Data at any time without notice.

8. Liabilities

Neither the Licensor nor the European Commission will be held liable for any damage, loss whether direct, indirect or consequential resulting from the Licensee's use of the C3S Test Information and Data.

9. Termination of and Changes to this Licence

The Licensor may terminate this licence if the Licensee breaches its obligations under these terms. The Licensor may revise this Licence at any time and will provide reasonable notice to the Licensee of any revisions.

II. Data Protection and Privacy Statement

The personal data you provide in the registration form will only be used internally by ECMWF and its Copernicus Contractors, in an aggregated form, and for the sole purpose of improving the portal and of reporting the use of the portal to the European Commission. It will not be redistributed by any means, nor used for any other purpose. It will be processed in accordance with the ECMWF Data Protection Policy. By registering you allow ECMWF to process your personal data based upon the following rules:

1. Purpose(s) of the processing

Your personal data is collected and further processed for the purpose of the management of this portal and to derive use statistics of the products and services available in the Copernicus data portals in order to improve user relations.

2. Recipients of the data processed

For the purpose detailed above, access to your personal data is given to ECMWF staff members in charge of managing the Copernicus services. ECMWF may ask its Copernicus Contractors to assist ECMWF with its tasks. These Copernicus Contractors will have access to your personal data in order to perform their services for ECMWF, but will have no further permission to use your personal data. ECMWF may share your personal data with the Copernicus unit of the European Commission and the Copernicus User Forum (a working group set up by the European Commission, under Art. 30 (2) of the Copernicus Regulation), in order to assist with the identification of user requirements and the coordination of national user communities. The Copernicus User Forum may approach you only for purposes of improving user relations, subject to your further consent. No personal data is shared with other third parties.

3. Categories of data processed

The only personal data collected and further processed is the information you enter yourself in the registration form. ECMWF needs your personal data to be able to contact you with feedback related to the portal. The only compulsory fields concern your name and your email address.

4. Modalities of the processing operation

You will be asked to enter your personal data to an online registration form. The contents of the registration form will be automatically stored in a database.

5. Right of access and rectification

You may ask ECMWF for a copy of your personal data. You may also ask ECMWF to rectify the personal data, which it holds about you. In order to do either, you should address your request in writing to the ECMWF Personal Data Controller at the following addresses: personal-data-controller@ecmwf.int or Legal Section, ECMWF, Shinfield Park, Reading, RG2 9AX, United Kingdom.

6. Data retention

No personal data is processed and kept for historical or scientific purposes but only for the purposes outlined above.

7. Concerns and Complaints

If you have a concern or complaint about the way that your personal data has been or is being processed, please direct it to the ECMWF Legal Section, Shinfield Park, Reading, RG2 9AX, United Kingdom (copernicus-legal@ecmwf.int).

III. Arbitration Clause and Governing Law

In the event of a dispute arising in connection with these 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 one arbitrator appointed in accordance with the said rules sitting in London, United Kingdom. The proceedings shall be in the English language. The right of appeal by either party to regular 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.

ECMWF is an intergovernmental organisation and not directly bound by any law outside of the provisions enacted by its organs or agreements it enters. It is therefore the intention of the parties that these terms shall comprehensively govern the legal relations between the parties to the License, without interference or contradiction by any unspecified law. However, where a matter is not specifically covered by these terms or a provision of the license terms is ambiguous or unclear, resolution shall be found by reference to the laws of England and Wales, including any relevant EU law.