DELIVERABLE. D 9.2: Terms of service for the platform

Transcription

1 DELIVERABLE Project Acronym: E.L.F. Grant Agreement number: CIP Project Title: The European Location Framework D 9.2: Terms of service for the platform Revision: Final version Authors: Kristian Kihle (Norwegian Mapping Authority) Laila Aslesen (Norwegian Mapping Authority) P Public Project co-funded by the European Commission within the ICT Policy Support Programme Dissemination Level the Competitiveness and Innovation framework Programme (CIP) ICT Policy Support Programme (PSP) Call 6 (Grant )

2 Revision History and Statement of Originality Revision Date Author/Editor Organisation Description /09/2013 Kristian Kihle KV Baseline /10/2013 Kristian Kihle Laila Aslesen KV KV First version /10/2013 Laila Aslesen KV Based on input from PMG Statement of originality: This deliverable contains original unpublished work except where clearly indicated otherwise. Acknowledgement of previously published material and of the work of others has been made through appropriate citation, quotation or both. E.L.F. Deliverable D Final version, 1 November 2013

3 D 9.1: Terms of service for the E. L. F. platform Terms of use for the platform for cloud services and applications References Ref. Title/Version/Publication Date/Author 1 Commission Regulation (EC) No 976/2009 of 19 October 2009 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards the Network Services 2 Nordic Data Sharing a Cross-Border Cooperation/Final report/june 2013 Table of content 1 Executive summary Overview and scope Issues and considerations A test case: Nordic data sharing Ownership and operation Required clauses Terms of service General Description of the platform Licensing Liability Quality of service Logging and documentation Changes to the service Contact point and responsibilities Additional issues Privacy policy Licensing... 9 Figures Figure 1 Overview of the platform from the WP9 perspective... 4 Figure 3 Nordic Data sharing - technical infrastructure for a common basemap service... 5 Figure 2 Roles and responbilities for the ELF platform... 6 E.L.F. Deliverable D Final version, 1 November 2013

4 1 Executive summary The ELF platform will give access to services directly from the reference data providers, mainly the European Mapping and Cadastre Authorities (NMCA s). This means that the demands for performance, availability and capacity will apply to all of them. Considering that the project is rooted in INSPIRE, we have chosen to build the terms on the demands of the INSPIRE directive and its regulations and guidelines. The terms for liability are from the Creative Commons licences. There are still issues to be decided upon for the sustainable future of the platform, such as ownership, contact points and responsibilities for the data providers. This document presents two versions of Terms of Service (ToS). The first is for the first version of the platform to be launched in The next is a tentative version of what needs to be added by the end of the project if we are to arrive at what the ambition for the platform is. 2 Overview and scope As the ELF platform needs to operate as a sustainable service trusted by users and application providers, we need to have clear terms for the operation of the platform. This includes the tools used to access the platform, like the Geo Product Finder. The platform will give access to services directly from the reference data providers, mainly the European Mapping and Cadastre Authorities. Figure 1 Overview of the platform from the WP9 perspective E.L.F. Deliverable D Final version, 1 November 2013

5 Considering that the project is rooted in INSPIRE, we have chosen to build the terms on the demands of the INSPIRE directive and its regulations and guidelines, specifically the guidelines set for Network Services 1. In some cases the platform may combine WMS services from several countries and caching these. In those cases the demands for performance, availability and capacity will also apply directly to the platform operations as well as the provider of the WMS service. A solution for this was tested out in a Nordic project for cross-border data sharing and is described further in this document. As the project will be developing a business model together with the stakeholders, the ToS may need changes to take care of issues and considerations raised by the actual operation of the platform and the developing business model. The only clear terms to be had at this point are what we will need as a minimum for any type of business model we can envision. 3 Issues and considerations 3.1 A test case: Nordic data sharing The project Nordic Data Sharing a Cross-Border Cooperation is testing a system for combining WMS services from several Nordic Mapping and Cadastre Authorities 2. A cache service was utilized as the service end-point to ensure the speed of the WMS. However, it could lead to problems in a full production environment where a slow back end for a cache service can lead to performance issues for the cache itself. The best way to ensure uniform terms for the WMS as well as the cached service, is to apply INSPIRE terms throughout. Figure 2 Nordic Data sharing - technical infrastructure for a common basemap service 1 An overview can be found here: 2 Demo is available here: E.L.F. Deliverable D Final version, 1 November 2013

6 3.2 Ownership and operation Many things can be followed up by the NMCA s individually, but not everything. Somebody needs to take ownership and have responsibility for the day to day running of the ELF platform. These roles and responsibilities can be in the hand of one or more organisation depending on the circumstances. The roles and responsibilities can be grouped in four as demonstrated in Figure 3: 1. Ownership or legal responsibility. This is the role of contracting on behalf of the platform and to have a legal responsibility where this is required. 2. Platform operator or operators. This is the role of ensuring the day-to-day operations of the platform. This can be carried out by several, while ownership needs to reside with one legal person. 3. Licensing. This can be operated by many; the right owners and their distributors, the platform owner, third party webshops or all of the above. 4. Contact point. The user needs one place to go for information and issues. For the project period these roles and tasks are carried out by the project partners, or by whomever the project partners tasks with it. Figure 3 Roles and responbilities for the ELF platform Responsibilities and tasks are not necessarily with the same actors. You can have a task that is the data provider s responsibility and carried out by them. You can have tasks that are the owner s responsibility, but carried out by the data providers, i.e. the owner will be responsible for E.L.F. Deliverable D Final version, 1 November 2013

7 coordinating and making certain it is done. You can have tasks that are the owner s sole responsibility and will be carried out by the owner or whoever the owner tasks with it. It is vital to the future of the platform to have a performance, availability and capacity that will satisfy the users. Today s users expect 24/7 access and a fast and reliable response. The operation of the platform in the future will therefore demand that someone is responsible to ensure that the requirements are fulfilled by all parties. 3.3 Required clauses A set of terms of service needs to include the following clauses: Description of the product Liability Quality Contact points and responsibilities Liability terms should be in the manner of as is as used in the open CC licenses 3. This will apply unless there is a written agreement that establishes a different term for liability. This is only about the liability for service, not for content that will be done according to the data providers standard provisions. It is important to stress that the platform cannot be responsible for content, only for performance. Quality terms are suggested to be the ones found in the Annex to the Regulation on INSPIRE Network Services 4. These also have the required definitions of these terms. In addition the terms need to include logging of traffic and documentation of this. The terms should be supplemented as required by the Guidance documents for the various INSPIRE services. For the first version of the platform, the contact point and outward responsibilities will be taken care of by a designated project participant. 4 Terms of service 4.1 General These are a set of rules that will have to be present even for the simplest version of the platform, where the platform is merely a distribution channel. Since licensing is handled elsewhere for now, it is not needed to have anything on that except a reference Description of the platform The European Location Framework (ELF) is a technical infrastructure which delivers authoritative, interoperable geospatial reference data from all over Europe for analysing and understanding information connected to places and features. These terms also applies to use of the Geo Product Finder Licensing All licensing of restricted data are currently handled by the right owners (references) Commission Regulation (EC) No 976/2009 of 19 October 2009 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards the Network Services E.L.F. Deliverable D Final version, 1 November 2013

8 4.1.3 Liability Unless otherwise mutually agreed to by the parties in writing, the ELF platform offers the services asis and makes no representations or warranties of any kind concerning the services, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, noninfringement, or the absence of latent or other defects, accuracy, or the presence of absence of errors, whether or not discoverable. Some jurisdictions do not allow the exclusion of implied warranties, so such exclusion may not apply to you. Except to the extent required by applicable law, in no event will the ELF platform be liable to you on any legal theory for any special, incidental, consequential, punitive or exemplary damages arising out of this licence or the use of the work, even if the ELF platform has been advised of the possibility of such damages Quality of service Third party network services linked pursuant to Article 12 of Directive 2007/2/EC shall not be taken into account in the quality of service appraisal to avoid any deterioration which may result from cascading effects. The following Quality of Service criteria relating to performance, capacity and availability shall apply Performance The normal situation represents periods out of peak load. It is set at 90 % of the time. The response time for sending the initial response to a discovery service request shall be maximum 3 seconds in normal situation. For a 470 Kilobytes image (e.g pixels with a colour depth of 8 bits), the response time for sending the initial response to a Get Map Request to a view service shall be maximum 5 seconds in normal situation. For the Get Download Service Metadata operation, the response time for sending the initial response shall be maximum 10 seconds in normal situation. For the Get Spatial Data Set operation and for the Get Spatial Object operation, and for a query consisting exclusively of a bounding box, the response time for sending the initial response shall be maximum 30 seconds in normal situation then, and still in normal situation, the download service shall maintain a sustained response greater than 0,5 Megabytes per second or greater than 500 Spatial Objects per second. For the Describe Spatial Data Set operation and for the Describe Spatial Object Type operation, the response time for sending the initial response shall be maximum 10 seconds in normal situation then, and still in normal situation, the download service shall maintain a sustained response greater than 0,5 Megabytes per second or greater than 500 descriptions of Spatial Objects per second Capacity The minimum number of simultaneous requests to a discovery service to be served in accordance with the quality of service performance criteria shall be 30 per second. The minimum number of simultaneous service requests to a view service to be served in accordance with the quality of service performance criteria shall be 20 per second. E.L.F. Deliverable D Final version, 1 November 2013

9 The minimum number of simultaneous requests to a download service to be served in accordance with the quality of service performance criteria shall be 10 requests per second. The number of requests processed in parallel may be limited to 50. The minimum number of simultaneous requests to a transformation service to be served in accordance with the quality of service performance criteria shall be 5 requests per second Availability The probability of a network service to be available shall be 99 % of the time Logging and documentation The traffic will be logged to ensure that the demands for quality are being fulfilled. Documentation will be available as required and permitted Changes to the service The ELF platform and the terms to use it may be changed at any time when necessary. When possible the users will be notified a reasonable time before this is happening Contact point and responsibilities To be decided before the platform launches. 4.2 Additional issues These rules are what need to be added when the platform expands its operations. Note that since we are still developing our business model, changes may come as a result of this Privacy policy To be added as new products require it Licensing To be added as new products require it. E.L.F. Deliverable D Final version, 1 November 2013