Moana Project - IP and data access policy 

Moana Project contractual framework

The Moana Project is an $11.5 million ocean project funded by the Ministry for Business, Innovation and Employment (MBIE). The project aims to vastly improve understanding of coastal ocean circulation, connectivity and marine heatwaves to provide information that supports sustainable growth of the seafood industry, science research efforts, iwi initiatives and how we manage our marine environments. 

MetService receives Moana Project funding from MBIE through the Endeavour Fund, under the Science Investment Contract and Work Programme Agreement. MetService channels this funding through research subcontracts to the Moana Project subcontractors including Victoria University of Wellington, University of Otago, University of North Carolina Wilmington, University of Waikato, University of Auckland, ZebraTech Limited, and Whakatōhea iwi, who carry out various activities under the research programme and doing so produce certain datasets. Subject to the exceptions set out in this policy, under the Moana Project research subcontracts, MetService generally owns the intellectual property rights in new intellectual property created as part of the Moana Project (New IP), so that it can easily make the New IP available to the public. Each subcontractor receives a licence to use the New IP for its academic and scientific research purposes. 

MetService wishes to use and make these datasets available to the scientific research community, relevant industry groups and the general public in accordance with this IP and data access policy.   

To track the research benefits of the Moana Project, we would appreciate receiving a copy of any publications arising from the use of Project data - please attach in an email to info@moanaproject.org. Any queries regarding these terms and conditions should also be sent to info@moanproject.org.

Overview of obligations 

MetService has a number of obligations to consider when using Moana Project data, and when making it available for either non-commercial or commercial use.  For example: 

• in MetService’s proposal to MBIE for the Endeavour Fund, it stated that the Moana Project would be an open-source science project with a public-good focus, and strong industry support, [with] the full suite of data and modelling products (…) made publicly available without condition; 

• according to the Science Investment Contract and Work Programme Agreement between MetService and the MBIE, MetService must use best endeavours to manage the Moana Project’s intellectual property to maximise the benefits to New Zealand; and 

• in its call for proposals for the Endeavour Fund, MBIE stated that Endeavour Fund recipients who create intellectual property should comply with the New Zealand Government Open Access and Licensing Framework (NZGOAL). 

NZGOAL is a framework adopted by Government in 2011, which encourages agencies to adopt Creative Commons licences for data or information released with a high potential for public reuse. NZGOAL’s Open Licensing Principle states that unless a listed exception applies, where an agency holds copyright works that may be of interest or use to people, it should make these works available for re-use on the most open of licensing terms available. NZGOAL recommends the use of the Creative Commons Attribution 4.0 International license (CC-BY 4.0) when making copyright works that are datasets available. 

In accordance with NZGOAL, MetService will make the Moana Project datasets freely available for both commercial and non-commercial use on the most permissive terms possible. MetService will charge a small fee for data handling and delivery for commercial use of some dataset, as detailed below. 

Types of Moana Project data, and how they are made available to the public 

The access pathways for different types of Moana Project data are set out in Appendix A, with a reference to the relevant licence on which the data is made available. MetService has followed the NZGOAL review and release process to determine what licenses it should use to make each Moana Project dataset available. 

MetService is making the majority of its Moana Project data available on the Creative Commons Attribution 4.0 International (CC-BY 4.0). The full license text is set out in Appendix B.  MetService will make the data available via websites, apps, FTP, or API. 

MetService is making the raw Moana model hindcast data available on the Creative Commons Attribution-Non Commercial-Share Alike 4.0 International (CC BY-NC-SA 4.0). The full license text is set out in Appendix C.  

For commercial uses, MetService is charging a fee to cover actual and reasonable data handling and delivery costs, as set out in Appendix D. Use of the data for commercial purposes will required adherence to the CC BY-NC-SA 4.0 and the terms for commercial use set out in Appendix D.  

MetService will make the data available using appropriate methods (taking into consideration the size of the required dataset) e.g., via THREDDS server, hard drive or FTP, subject to users agreeing to acknowledge the Creative Commons license, and if using commercially also agreeing to the Additional Commercial license.  

CC-BY-SA 4.0 licence will be applied to Moana Project hydrodynamic forecast datasets, with data made available by, but not limited to, Application Programme Interface (API) and web platforms (i.e., Swellmap.com). 

Using Moana Project data internally 

MetService owns the intellectual property rights in most of the Moana Project data (except for the exceptions discussed below), so staff can use the data relatively freely for internal business purposes. 

Prior to using Moana Project data for MetService’s internal business purposes, it must: 

• confirm that MetService owns the intellectual property rights in the dataset (by reference to the table in Appendix A; and  

• ensure its use complies with the Science Investment Contract IP management plan set out in Appendix E. 

Exceptions to the rules 

ZebraTech and commercial fishers 

MetService and ZebraTech work together to place sensors on commercial fishing vessels to obtain data. The intellectual property rights in the datasets obtained through the ZebraTech sensors from commercial fishers is owned by either the vessel owner or the fishing company (depending on the relevant contract). MetService receives a licence to use the datasets for its internal business purposes only, including to build its Moana Project models. MetService cannot make this data publicly available or supply it to third parties, as it contains commercially sensitive information, and this would breach MetService’s license terms. However, the Moana Project model data and derived products, which the dataset informs, will be made publicly available. 

Whakatōhea Iwi 

MetService are still working with Whakatōhea to determine the IP ownership and licencing of the relevant data, and to develop an iwi-specific intellectual property management framework.  This policy will be updated once the IP ownership position is clear, and the relevant activities are carried out.  

Other iwi 

MetService are still working with Ngāti Awa, Te Arawa, Ngāti Whakahemo, Ngāti Rangitihi, Te Whānau-ā-Apanui, Ngāti Kuri, Te Rarawa, Te Aupouri, Ngai Takoto, Te Roroa, Te Uri o Hau - Ngāti Whatua, Ngāti Whatua o Kaipara to collect data within iwi rohe moana.  This policy will be updated once the IP ownership position is clear and the relevant sampling activities are carried out.  

Mātauranga Māori 

Mātauranga Māori data is collected and used in the He Papa Moana workstream in connection with the research around Māori as Oceanographers, the Whakatōhea Case Study and the Informing Iwi Interests work. MetService is working with Associate Professor Maui Hudson, Waikato University, who is the Team Lead of He Papa Moana, to develop a data management framework which includes bio-cultural labelling to ensure any data that is released is labelled to reflect data provenance and intended use.  This policy will be updated to reflect that framework once it is finalised. 

Appendix A: Acess pathways for Moana Project data and products

Appendix B: CC BY 4.0 license terms

Creative Commons Attribution 4.0 International Public License 

By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution- 4.0 International Public License ("Public License"). To the extent this Public License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions. 

Section 1 – Definitions. 

a. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image. 

b. Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License. 

c. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights. 

d. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements. 

e. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material. 

f. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License. 

g. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license. 

h. Licensor means the individual(s) or entity(ies) granting rights under this Public License. 

i. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them. 

j. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world. 

k. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning. 

Section 2 – Scope. 

a. License grant. 

1. Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to: 
   A. reproduce and Share the Licensed Material, in whole or in; and 
   B. produce, reproduce, and Share Adapted Material. 

2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions. 

3. Term. The term of this Public License is specified in Section 6(a). 

4. Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material. 

5. Downstream recipients. 

   A. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License. 

   B. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material. 

6. No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i).

b. Other rights

1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise. 

2. Patent and trademark rights are not licensed under this Public License. 

3. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties. 

Section 3 – License Conditions. 

Your exercise of the Licensed Rights is expressly made subject to the following conditions. 

a. Attribution. 

1. If You Share the Licensed Material (including in modified form), You must: 

   A. retain the following if it is supplied by the Licensor with the Licensed Material: 

   i. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated); 

   ii. a copyright notice; 

   iii. a notice that refers to this Public License; 

   iv. a notice that refers to the disclaimer of warranties; 

   v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;

   B. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and 

   C. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License. 

2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information. 

3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable. 

4. If You Share Adapted Material You produce, the Adapter's License You apply must not prevent recipients of the Adapted Material from complying with this Public License. 
   

Section 4 – Sui Generis Database Rights. 

Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material: 

a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database for NonCommercial purposes only; 

b. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material, including for purposes of Section 3(b); and 

c. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database. 

For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights. 

Section 5 – Disclaimer of Warranties and Limitation of Liability. 

a. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You. 

b. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You. 

c. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability. 

Section 6 – Term and Termination. 

a. This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically. 

b. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates: 

1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or 

2. upon express reinstatement by the Licensor.

c. For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License. 

d. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License. 

e. Sections 1, 5, 6, 7, and 8 survive termination of this Public License. 

Section 7 – Other Terms and Conditions. 

a. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed. 

b. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License. 

Section 8 – Interpretation. 

a. For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License. 

b. To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions. 

c. No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor. 

d. Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority. 

Appendix C: CC BY NC SA 4.0 license terms 

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public License 

By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public License ("Public License"). To the extent this Public License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions. 

Section 1 – Definitions. 

a. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image. 

b. Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License. 

c. BY-NC-SA Compatible License means a license listed at creativecommons.org/compatiblelicenses, approved by Creative Commons as essentially the equivalent of this Public License. 

d. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights. 

e. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements. 

f. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material. 

g. License Elements means the license attributes listed in the name of a Creative Commons Public License. The License Elements of this Public License are Attribution, NonCommercial, and ShareAlike. 

h. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License. 

i. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license. 

j. Licensor means the individual(s) or entity(ies) granting rights under this Public License. 

k. NonCommercial means not primarily intended for or directed towards commercial advantage or monetary compensation. For purposes of this Public License, the exchange of the Licensed Material for other material subject to Copyright and Similar Rights by digital file-sharing or similar means is NonCommercial provided there is no payment of monetary compensation in connection with the exchange. 

l. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them. 

m. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world. 

n. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning. 

Section 2 – Scope. 

a. License grant. 

1. Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to: 

   A. reproduce and Share the Licensed Material, in whole or in part, for NonCommercial purposes only; and 

   B. produce, reproduce, and Share Adapted Material for NonCommercial purposes only. 

2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions. 

3. Term. The term of this Public License is specified in Section 6(a). 

4. Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material. 

5. Downstream recipients. 

   A. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License. 

   B. Additional offer from the Licensor – Adapted Material. Every recipient of Adapted Material from You automatically receives an offer from the Licensor to exercise the Licensed Rights in the Adapted Material under the conditions of the Adapter’s License You apply. 

   C. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material. 

6. No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i). 

   b. Other rights. 

1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise. 

2. Patent and trademark rights are not licensed under this Public License. 

3. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties, including when the Licensed Material is used other than for NonCommercial purposes. 

Section 3 – License Conditions. 

Your exercise of the Licensed Rights is expressly made subject to the following conditions. 

a. Attribution. 

1. If You Share the Licensed Material (including in modified form), You must: 

   A. retain the following if it is supplied by the Licensor with the Licensed Material: 

   i. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated); 

   ii. a copyright notice; 
   iii. a notice that refers to this Public License; 
   iv. a notice that refers to the disclaimer of warranties; 
   v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable; 

   B. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and 

   C. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License. 

2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information. 

3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable. \

   b. ShareAlike. 

In addition to the conditions in Section 3(a), if You Share Adapted Material You produce, the following conditions also apply. 

1. The Adapter’s License You apply must be a Creative Commons license with the same License Elements, this version or later, or a BY-NC-SA Compatible License. 

2. You must include the text of, or the URI or hyperlink to, the Adapter's License You apply. You may satisfy this condition in any reasonable manner based on the medium, means, and context in which You Share Adapted Material. 

3. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, Adapted Material that restrict exercise of the rights granted under the Adapter's License You apply. 

Section 4 – Sui Generis Database Rights. 

Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material: 

a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database for NonCommercial purposes only; 

b. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material, including for purposes of Section 3(b); and 

c. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database. 

For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights. 

Section 5 – Disclaimer of Warranties and Limitation of Liability. 

a. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You. 

b. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You. 

c. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability. 

Section 6 – Term and Termination. 

a. This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically. 

b. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates: 

1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or 

2. upon express reinstatement by the Licensor. 

For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License. 

c. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License. 

d. Sections 1, 5, 6, 7, and 8 survive termination of this Public License. 

Section 7 – Other Terms and Conditions. 

a. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed. 

b. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License. 

Section 8 – Interpretation. 

a. For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License. 

b. To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions. 

c. No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor. 

d. Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority. 

Appendix D: Additional Commercial License 

When MetService customers wish to use the Moana Project datasets for commercial purposes, the following terms apply. 

In addition to the Creative Commons Attribution-Non Commercial-Share Alike 4.0 International Public License stated above (CC BY-NC-SA 4.0), the following terms apply to your use of the Moana Project Dataset for a commercial purpose.  By accessing or using the Moana Project Dataset, you are agreeing that you will comply with these additional commercial licence terms (Terms), as amended by us from time to time. If you do not accept these Terms, you are not authorised to access and use the Moana Project Dataset for a commercial purpose, and you must immediately stop your access and use. 

1. Access to and use of the Moana Project Dataset for a commercial purpose is subject to your payment of the data handling and delivery fee (Fee) as set out in the table below: 

 *If you require data delivery via a different method please get in touch in regards to pricing.  

2. MetService will raise an invoice for payment of the Fee. 7day payment terms will apply to the invoice.  

3. When accessing and using the Moana Project Dataset, you must include an attribution statement that complies with the (CC BY-NC-SA 4.0) license, either where the use of the data or other resource is described, or within the acknowledgements section of the relevant publication.  The following attributions are appropriate: 

a. "MOANA BACKBONE MODEL: A 25-YEAR HYDRODYNAMIC HINDCAST MODEL OF NEW ZEALAND WATERS" by MetService is licensed under CC BY-NC-SA 4.0 and was funded by the New Zealand Ministry of Business Innovation and Employment, contract number METO1801"; 

b. "(... data / model / tool) was sourced from the Moana Project, www.moanaproject.org, funded by the New Zealand Ministry of Business Innovation and Employment, contract number METO1801"; or 

c. for research that was partially funded or funded by the Moana Project, “This work is a contribution to the Moana Project (www.moanaproject.org) funded by the New Zealand Ministry of Business Innovation and Employment, contract number METO1801”. 

Appendix E: Science Investment Contract IP management plan 

In the following principles, should indicates a non-obligatory best practice. 

1. MetService must use its best endeavours to maximise the benefits to New Zealand of each Work Programme through its management of any Work Programme Intellectual Property Rights.  

2. MetService must, before a Work Programme Agreement commences, have a set of Intellectual Property Policies and Principles in place in respect of that Work Programme.  

3. MetService’s Intellectual Property Policies and Principles must:  

   a. determine the ownership and/or assignment, if any, of Work Programme Intellectual Property Rights and require employees, or grant holders using MetService for that purpose, to acknowledge the relevant ownership and rights associated with Work Programme Intellectual Property;  

   b. ensure that researchers are advised of the potential value of Work Programme Intellectual Property Rights and of the options available to them to add value to those rights; 

   c. ensure that researchers are advised of any actual or potential confidentiality issues relating to Work Programme Intellectual Property Rights; 

   d. make clear and binding to MetService's staff the separate and mutual obligations of the staff and MetService in relation to Work Programme Intellectual Property Rights management and protection; 

   e. set out a review process to identify protectable and potentially valuable Work Programme Intellectual Property Rights and associated commercial activities and to prevent the infringement of existing protected Work Programme Intellectual Property Rights and associated commercial activities;  

   f. provide guidance on the prompt disclosure and resolution of potential conflicts of interest concerning the generation, ownership, management and use of Work Programme Intellectual Property Rights, such as on: staff members' financial interests in external firms that contract with MetService, particularly where these entail research contacts and the exchange of Intellectual Property Rights; the nature and terms of institutional support for start-up companies and the equity holdings of MetService and its staff; 

   g. satisfy all legal and regulatory obligations with such amendments promptly incorporated as may be necessary to comply with all changes or additions to legal or regulatory obligations that may be made during the term of the relevant Work Programme Agreement; and  

   h. cover good scientific conduct, including sound record keeping and human and animal experimentation ethics. 

4. The Intellectual Property Policies and Principles should ensure that cultural, Treaty of Waitangi and Māori issues are properly taken into consideration.  

5. MetService should give preferential access to competent New Zealand-based firms to develop the Work Programme Intellectual Property Rights. Where a Contractor believes that it is best to commercialise the Work Programme Intellectual Property Rights outside of New Zealand, MetService should seek to retain ongoing research, science, and technology in New Zealand and reinvest any net income derived from the commercialisation of the Work Programme Intellectual Property Rights in research, science, and technology in New Zealand.  

6. MetService should, wherever possible:  

   a. provide assistance to researchers in fulfilling Work Programme Intellectual Property Rights obligations and responsibilities;  

   b. encourage participation by researchers in any subsequent commercialisation process of any Work Programme Intellectual Property Rights; and  

   c. develop policies that incentivise staff and other stakeholders to generate benefits to New Zealand from the work.