RIPE NCC Test Traffic Measurement Service and
Test Box Purchase Agreement
Jacqueline M.B. Seignette
Vogel & Ruitenberg Advokaten
Amsterdam
Henk Uijterwaal
RIPE NCC
Document: RIPE 297
This document replaces document RIPE 214
19 December 2003
Abstract
One of the services offered by the RIPE NCC is the Test Traffic
Measurements (TTM). The goal of the TTM is to collect data describing
the performance of the network between providers such as network
delays, packet losses or routing information, and to present the
collected information in a useful format to the customer.
In order to do these measurements, measurement probes will have to be
installed at the site interested in this service. These probes are
called "test boxes". The RIPE NCC will sell one or, depending on the
network topology, more test boxes to the customer. After the customer
has installed the test boxes, the RIPE NCC will operate them for the
customer as "black boxes" measuring the performance of the networks
between the customer and other sites hosting a test box.
This contract describes the terms and conditions for the purchase of a
test box and for the subsequent operation of the test box by the RIPE
NCC.
Customer
Name:
Legal Form:
Registered Office:
Address:
City/Country:
Lawfully represented by:
Billing and Administrative Contact Person:
Name:
Telephone number:
Fax number:
E-mail address:
Billing address:
Contract Specifications
Number of Test Boxes to be delivered:
Total Purchase Price: EUR
Shipping Costs: EUR
Installation Costs: EUR
VAT tariff: %
Number of Test Boxes for which Service is requested:
Service Fee until 31 December of the current year: EUR
Service Fee subsequent years: annually
VAT tariff: %
Test Box 1
Site (Location at which Test Box will be installed):
Technical Contact Person(s) at the Test Box Site:
Name(s):
Telephone Number:
Fax Number:
E-mail address:
Shipping Address:
Shipping Instructions: DHL/FedEx/UPS
FedEx or UPS customer number:
Rack Space: available/not available
Suitable antenna position: available/not available
Estimated Maximum Cable Length: meters
Estimated time needed to install the antenna: weeks
Remarks/Special requirements:
Description of local network situation:
IPv4-address for the Test Box:
IPv4-address of a local resolving name-server(s):
IPv4-address of Default Gateway:
IPv4-netmask for the machine:
IPv4address (-range) for monitoring machines:
IPv6 address for the Test Box
If applicable: Test Box 2 (3, 4, etc.)
Site (Location at which Test Box will be installed):
Technical Contact Person(s) at the Test Box Site:
Name(s):
Telephone Number:
Fax Number:
E-mail address:
Shipping Address:
Shipping Instructions: DHL/FedEx/UPS
FedEx or UPS customer number:
Rack Space: available/not available
Suitable antenna position: available/not available
Estimated Maximum Cable Length: meters
Estimated time needed to install the antenna: weeks
Remarks/Special requirements:
Description of local network situation:
IPv4-address for the Test Box:
IPv4-address of a local resolving name-server(s):
IPv4-address of Default Gateway:
IPv4-netmask for the machine:
IPv4-address (-range) for monitoring machines:
IPv6 address for the Test Box
Customer and the RIPE NCC herewith enter into this Agreement including
the General Terms attached hereto. Customer declares to have read and
agree with the General Terms.
Customer RIPE NCC
Place: Place: Amsterdam, the Netherlands.
Date: Date:
Name: Name:
Position: Position:
Signature(s): Signature:
===============================================================
General Terms to the RIPE NCC Test Traffic Measurement Test-Box
Purchase and Service Agreement
Article 1 - Definitions
Agreement: Test Traffic Measurement Box Purchase and Service Agreement
consisting of the Contract Form and these General Terms, including
Annex A to E.
Contract Form: Contract form specifying the Customer's name and
address, the number of purchased Test Boxes, the total Purchase Price
and Service Fee as well as a description of the local situation at the
Site as provided by Customer.
Functional Specifications: The functional specifications applicable to
the Test Box as set forth in Annex A hereto.
Hardware and Software Requirements: The hardware, software and network
requirements necessary to install and operate the Test Box as set
forth in Annex A hereto.
Installation Costs: Fee covering the costs made by the RIPE NCC in
assisting Customer to install the Test Box.
Installation Document: Document ripe-168 subsections 2 and 3
describing the installation procedure.
Purchase Price: Total Price of the Test Box(es) to be delivered under
this Agreement.
Rights of Use: Uses of the Test Box (including TTM Software) to which
the Customer is authorised under this Agreement.
RIPE NCC: Reseaux IP Europeens Network Coordination Centre (RIPE NCC),
an association under the laws of the Netherlands with official seat in
Amsterdam, the Netherlands.
Service Fee: Annual fee to be paid by Customer to the RIPE NCC for the
provision of the Services.
Services: The services as specified in Article 4 of this Agreement.
Site: Location at which the Test Box will be used by Customer, as
specified on the Contract Sheet
Test Box: Box provided by the RIPE NCC containing TTM Software for the
collection of data on the performance of the network between providers
such as network delays, packet losses or routing information, as
further described on http://www.ripe.net/test-traffic.
TTM Data: The data which may be collected from the Test Box.
TTM Database: Database operated by the RIPE NCC containing TTM Data
collected by the RIPE NCC.
TTM Software: Test traffic measurement software embedded in the Test
Box.
Article 2 - Subject Matter of this Agreement
1. Subject to the provisions of this Agreement, the RIPE NCC will sell
and provide, and the Customer shall purchase the number of Test
Boxes as indicated on the Contract Form and pay for the Services as
specified in Article 4.
2. In the event Customer enters into the Agreement for the provision
of Services in respect of Test Boxes delivered by RIPE NCC prior to
entering into this Agreement (see Contract Form), the RIPE NCC will
provide and the Customer shall pay for the Services as specified in
Article 4 in respect of these Test Boxes. Articles 3 and 9 do not
apply to these Test Boxes. The physical ownership of these Test
Boxes is transferred to Customer upon entering into this Agreement.
3. This Agreement is independent from the standard RIPE NCC Service
Agreement and RIPE NCC membership and does not entitle Customer to
RIPE NCC membership services.
Article 3 - Delivery and Installation
1. The procedure for the delivery and installation of the Test Box is
described in Annex B hereto.
2. Subject to payment by Customer of the Installation Costs, the RIPE
NCC shall assist Customer in installing the Test Box as described
in the Installation Document.
3. Customer declares that it has read the Installation Document and
that the Site meets the Hardware and Software Requirements
necessary to install and operate the Test Box.
4. The Test Box shall not include a keyboard, monitor or mouse. These
are only needed during maintenance of the test box. In such case,
the Customer will provide a monitor, keyboard and/or mouse for a
short period in consultation with the RIPE NCC. Also not included
are routers, firewalls and other equipment necessary to connect the
test box to the Internet, as well as any special hardware such as
re-radiators, antenna splitters, cables, etc.
5. After delivery at the Site, Customer will bear all the risks of
loss, destruction or damage, whatever the cause may be.
Article 4 - Services
1. In consideration of the Service Fee and during the term of this
Agreement, the RIPE NCC shall provide the services described in
this Article.
2. The RIPE NCC shall operate the Test Box by remote access in order
to collect TTM Data. TTM Data shall be collected at least once a
day by a central computer at the RIPE NCC. If the TTM Data could
not be collected for a particular day, the RIPE NCC will try to
collect the TTM Data the next day until the files expire after 30
days.
3. The RIPE NCC shall store the TTM Data collected pursuant to 4.2
during a period of at least two years following the collection of
the data.
4. At the customer's request, the RIPE NCC shall put the raw TTM Data
retrieved from Customer's Test Box on a server in a format
determined by the RIPE NCC.
5. The RIPE NCC shall correct errors, if any, to the best of its
ability if the TTM Software due to such error does not meet the
Functional Specifications. The RIPE NCC does not warrant that the
TTM Software shall function without interruption or errors, or that
any error will be remedied. The Test Box contains a back up copy of
the TTM Software which the RIPE NCC may switch on in the event of
failure of the running copy.
6. As soon as a new version of the software embedded in the Test Box
is considered by the RIPE NCC to be ready for installation on
distributed Test Boxes, the RIPE NCC shall install such new version
on Customer's Test Box by means of remote distribution, in
accordance with the procedures described in document ripe-168.
7. The RIPE NCC at its own discretion shall analyse the TTM Data and
make the results available to Customer.
8. The RIPE NCC shall take actions it deems appropriate to secure the
Test Box operations and the TTM Data.
9. The RIPE NCC may annually amend the Service Fee to reflect general
price increases and to cover the total costs of its test traffic
measurement operations. In the event the RIPE NCC decides to amend
the Service Fee for the following calendar year, it will notify the
administrative contact person thereof by post, fax or e-mail.
10. The RIPE NCC shall not be obliged to correct errors if the Test
Box has not been installed or operated in accordance with this
Agreement, if the local configuration is not as described in the
Contract Form, if the Test Box has been used incorrectly,
incompetently or without authorisation or if the error is caused
by external causes, such as fire, water, power outage or
lightning.
Article 5 - Local Management of the Test Box
1. The RIPE NCC shall operate the Test Box from its central
computer. Local Management of the Test Box shall be done by the
technical contact person(s) indicated on the Contract Form in
accordance with the procedure described in Annex D. Customer shall
not undertake other acts in respect of the Test Box than those
authorised in this Agreement.
2. Customer shall take all reasonable technical and organisational
measures to prevent unauthorised access to the Test Box, TTM
Software and TTM Data.
3. Customer shall not interfere with any UPD, TCP and ICMP based
traffic from and to any port on the Test Box needed to operate the
Test Box or to do measurements. Customer shall ensure that upstream
providers do not place filters on this traffic.
Article 6 - Rights of Use
1. During the term of this Agreement, Customer shall have the right to
use the Test Box (including TTM Software) in accordance with this
Agreement in order to enable the RIPE NCC to collect data on loss
and delay of messages sent and received by Customer's network as
described in the Contract Form. Customer shall not be entitled to
use the Test Box and TTM Software for other purposes.
2. Customer is entitled to review the source code of the TTM Software
in order to detect whether the TTM Software may introduce security
risks at the Site. Upon request, the RIPE NCC shall make the source
code available to Customer for this purpose.
3. Customer shall not be entitled to reproduce, modify and distribute
reproductions or modified versions of the TTM Software unless
necessary to exercise Customer's mandatory user rights under the
applicable copyright law.
4. This Agreement and the sale of the Test Box pursuant to this
Agreement does not in any way involve the transfer of any
intellectual property right subsisting in the Test Box and TTM
Software.
5. The RIPE NCC shall indemnify Customer against claims by third
parties that the Test Box or part thereof infringes on intellectual
property rights owned by them, provided Customer promptly notifies
such claim to the RIPE NCC and enables the RIPE NCC to handle the
defence and settlement negotiations.
Article 7 - TTM Data
1. The RIPE NCC shall be entitled to retrieve, reproduce, store and
combine TTM Data in order to perform the Services specified in
Article 4.
2. The RIPE NCC may provide TTM Data including the address and
position of Customer's Test-Box to another ISP if the data refer to
communication between Customer's Test Box and the Test Box of the
other ISP.
3. The RIPE NCC may provide TTM Data and analysis of TTM Data to third
parties for scientific and statistical purposes. This provision
shall survive the expiry or termination of this Agreement.
4. Customer shall have access to the TTM Database at the RIPE NCC and
the data contained therein only in order to download and analyse
its own TTM Data and to compare them to the data made publicly
available by the RIPE NCC on the network performance of other
ISP's.
5. In presenting data from the TTM Database or analysis of these data
to third parties, Customer shall comply with the data disclosure
procedure as described in RIPE document ripe-180.ps or its
successor. Customer shall not present modified Test Box Data or
analysis.
Article 8 - Payment
1. The RIPE NCC shall send Customer an invoice for the Purchase Price,
Service Fee, Installation Costs and Shipping costs. The first
invoice for the Service Fee shall be sent after delivery of the
Test Box to Customer. The first invoice for the Service Fee
pertaining to Test Boxes delivered to Customer prior to entering
into this Agreement, will be sent to Customer directly after the
Agreement has been entered into.
2. Payment shall be made by Customer to the RIPE NCC within 30 days of
the invoice date, failing which Customer shall be in default with
no notice of default being required.
3. With effect from the day on which Customer defaults on its payment
obligations, Customer shall owe the RIPE NCC the statutory rate of
interest on the amounts unpaid and reimburse the RIPE NCC for any
extra-judicial collection costs, without prejudice to any other
rights the RIPE NCC may invoke against Customer in connection with
its failure to effect (timely) payment.
4. Customer may not postpone its payment obligations under this
Agreement or offset payment by any of its own claims against the
RIPE NCC.
Article 9 - Test Box Warranty, Repair, Replacement
1. During a period of twelve months from the date of delivery, the
RIPE NCC warrants that the Test Box delivered by the RIPE NCC
pursuant to this Agreement is free from defects in materials and
workmanship.
2. The warranty may be exercised in accordance with the procedure
described in Annex C.
3. The warranty does not apply if the Test Box has not been installed
or operated in accordance with this Agreement, if the local
configuration is not as described in the Contract Form, if the Test
Box has been used incorrectly, incompetently or without
authorisation or if the defect or error is caused by external
causes, such as fire, water, power outage or lightning.
4. Customer may request repair or replacement of a Test Box or part
outside the scope of the warranty in accordance with the procedure
described in Annex C.
Article 10 - Liability
1. Without prejudice to the warranty provided in Article 9, the RIPE
NCC shall not be liable against Customer for damage caused by a
defect in the Test Box or a failure by the RIPE NCC to meet any
obligation under this Agreement.
2. The exclusion of liability provided in subsection 1 does not apply
if the failure or defect is due to a grossly negligent or wilful
act or omission by the RIPE NCC managing personnel.
3. In no event shall the RIPE NCC be liable for indirect damages
caused by a defect in the Test Box or a failure by the RIPE NCC to
meet any obligation under this Agreement, including damage to the
Customer's business or loss of profits.
4. Notwithstanding any other provision in this Article, the RIPE NCC
shall not accept liability for:
- mutilation or loss of TTM Data or other data during transmission or
when stored on Customer's computers;
- the results and consequences of analysis of TTM Data undertaken by
the RIPE NCC;
- The consequences of any modification or adaptation to the Test Box
or TTM Software made by Customer or from the combination of the Test
Box or TTM Software with hardware or software other than that
prescribed in the Hardware and Software Requirements.
5. Notwithstanding any other provision in this Article, the RIPE NCC
shall not be liable for damage as a result of a failure to meet any
obligation under this Agreement if such failure is due to
circumstances for which the RIPE NCC is not considered accountable
according to law, contract or trade custom. The RIPE NCC in any
event shall not be accountable for failures to perform resulting
from the non- or untimely delivery of Test Box parts by suppliers
or from interruptions or improper functioning of power or
telecommunication services facilities.
6. Customer shall indemnify the RIPE NCC for any third-party claims
filed against the RIPE NCC in relation to Customer's use of the
Test Box or resulting from the non-performance by Customer of any
obligation arising out of this Agreement.
7. In no event shall the liability of the RIPE NCC in connection with
this Agreement exceed the Service Fee invoiced in respect of the
calendar year in which the damage first occurred. The maximum shall
apply per event or series of connected events resulting in such
liability.
Article 11 - Term and Termination
1. The Agreement shall enter into force when signed by both parties
and, unless terminated pursuant to the provisions of this Article,
shall run until 31 December of the following calendar
year. Subsequent to this date, the Agreement shall be automatically
extended with periods of one year each, unless one of the parties
terminates the Agreement against 31 December of the current
calendar year by means of a written notice sent to the other party
before 1 October of that year.
2. Customer subsequent to the receipt of a notification as meant in
4.9 shall be entitled to terminate the Agreement subject to a three
months written notice to the RIPE NCC.
3. In the event Customer's obligations under this Agreement are
substantially enlarged pursuant to a change in the procedures
described in Annex B, C, D or E or in the RIPE documents referred
to in this Agreement, Customer may immediately terminate the
Agreement by means of a written notice to the RIPE NCC. The RIPE
NCC in that event shall reimburse to Customer the percentage of the
Service Fee that corresponds with the remaining period of the
current contract period.
4. In the event of a substantial breach by Customer of any of the
following provisions, the RIPE NCC shall be entitled to terminate
this Agreement with immediate effect by giving written notice: 5.1,
5.3, 6.2, 7.4, 7.5, and 8.2.
5. Without prejudice to 11.4, in the event of a substantial breach by
a party of any other obligation under this agreement which is
irremediable or which is not remedied within thirty (30) days of
written notice from the other party requiring that it be remedied
the other party shall be entitled to terminate this Agreement with
immediate effect by giving written notice.
6. In the event that any party during the term of this Agreement
enters into bankruptcy or liquidation or any other arrangement for
the benefit of its creditors, the other party shall be entitled to
terminate this Agreement with immediate effect by giving written
notice.
7. Upon termination pursuant to this Article, the Rights of Use
described in Article 6 and access to the RIPE NCC TTM database will
terminate with immediate effect. The RIPE NCC shall be entitled and
Customer shall co-operate to delete the TTM Software from the Test
Box.
Article 12 - Miscellaneous
1. All the RIPE-documents referred to in this Agreement are available
on http://www.ripe.net. Customer shall regularly take notice of
updated RIPE-documents available on the web site. The
RIPE-documents referred to in this Agreement as well as the
procedures described in Annex B to E to this Agreement may be
replaced by new documents or procedures. The RIPE NCC shall
announce such replacements via the mailing list
tt-host@ripe.net. The corresponding sections in the replaced texts
shall apply to this Agreement from the moment of their replacement.
2. Customer shall promptly notify RIPE NCC of any changes in the data
on the Contract Form.
3. In the event that one or more provisions of this Agreement would
appear to be non-binding, the other provisions of this Agreement
will continue to be effective.
4. Without prior written authorisation by the RIPE NCC, Customer shall
not be permitted to assign or sub-license any rights or assign or
subcontract any obligations arising from this Agreement to a third
party.
5. The RIPE NCC shall be entitled to assign and subcontract this
Agreement in whole or in part to a third party.
6. The Agreement will be governed by Dutch law.
7. The competent court in Amsterdam has exclusive jurisdiction in
respect of any disputes which may arise in connection with this
Agreement. An action for the payment of the Purchase Price, Service
Fee, Installation Costs or Shipping costs may however also be
brought before the competent court in Customer's domicile.
Annex A - Functional Specifications, Hardware and Software Requirements
Functional Specifications A Test Box is an instrument for measuring
quantities related to network performance, such as delay, packet-loss
or routing information, according to the metrics defined in RFC's
2330, 2679 and 2680.
Hardware and Software Requirements
* a PC consisting of:
- A 500 MHz processor.
- 256 Mb RAM
- 2 IDE hard-disks, 8 Gb capacity each, in removable disk canisters
- an 10/100 Mbps Ethernet interface
- an interface card for the GPS receiver, designed and built by NIKHEF
- a video card capable of displaying 80x25 characters
- a 19" rack-mount cabinet
- a power supply suitable for 110 and 220V AC
* a Trimble Palisade or Acutime GPS receiver
* 15m of CAT5-cable to connect the GPS receiver to the PC
* Power cables with standard European plugs.
Or equivalent or better hardware
Annex B - Delivery and Installation Procedure
1. As soon as the delivery of components and the RIPE NCC's production
schedule permits and the Purchase Price has been paid, the RIPE NCC
shall configure and deliver the Test Box(es) to Customer. The RIPE
NCC shall test the Test Box before shipping to verify that the
hardware components perform according to the specifications of the
vendors, that the software has been properly installed and that the
Test Box has been configured according to the data provided by the
Customer.
2. The costs of shipment of the Test Box/Boxes shall not be included
in the Purchase Price. Any shipping costs, taxes and import/export
duties incurred by the RIPE NCC or any shipping company hired by
the RIPE NCC in relation to the shipment may be charged to
Customer. The RIPE NCC and its authorised shipping company shall be
entitled to withhold/retain the Test Box/Test Boxes until payment
of such costs has been made to the RIPE NCC.
3. Customer shall install the Test Box in accordance with the
Installation Document. Installation is at Customer's own
responsibility and expense. Customer is responsible for the
installation of cables and the setting up of other hardware such as
routers or fire-walls required to operate the Test Box.
4. During a period of 90 days from the date of delivery of the Test
Box, the RIPE NCC shall provide on request to Customer e-mail
support (tt-ops@ripe.net) to help Customer with the installation of
the Test Box. The initial response on an e-mail request for support
shall be within one (1) working day after receipt of the e-mail by
the RIPE NCC.
5. The RIPE NCC shall not provide on-site support. The parties may
agree on additional arrangements for a RIPE NCC engineer to do a
site-survey or support the installation against payment of a fee
and reimbursement of travel costs.
Annex C - Warranty, Repair and Replacement Procedure
1. Customer notifies the RIPE NCC of a problem with the Test Box by
e-mail (tt-ops@ripe.net). If the Test Box has been damaged during
shipment, Customer also notifies the shipping company. The RIPE NCC
shall reply via e-mail whether the problem is covered by the
warranty and give instructions to Customer to solve the
problem. Customer will follow the instructions.
2. If the problem cannot be solved by means of the instructions
received from the RIPE NCC, Customer shall request the RIPE NCC by
e-mail (tt-ops@ripe.net) to repair or replace the Test Box or a
part thereof. RIPE NCC shall provide instructions to Customer on
how to return the Test Box to RIPE NCC.
3. The costs of shipping the Test Box or part to the RIPE NCC and back
to Customer shall be charged to Customer.
4. If Customer requests the RIPE NCC to repair or replace the Test Box
or a part outside of the warranty, the RIPE NCC shall charge
Customer the regular purchase price or the costs of repair, as well
as the costs of shipment.
5. The RIPE NCC at its own initiative or at the request of Customer
may undertake trouble-shooting together with the local contact
person to detect defects of the CPU. The RIPE NCC decides if a Test
Box has to be sent back for repair.
6. The RIPE NCC shall inform Customer by e-mail when the replaced or
repaired Test Box or part will be delivered to Customer.
Annex D - Local Management Procedure
1. At least one of the technical contact persons indicated on the
Contract Form shall be minimally available by telephone and e-mail
(number and address described in Contract Form) from Monday to
Friday (except public holidays) during normal regular business
hours in order to solve problems in accordance with the procedure
described in subsection 2.4 of the Installation Document.
2. During absence of the technical contact person(s) specified in the
Contract Form, Customer shall provide for a replacement available
to the RIPE NCC under the same telephone number and e-mail address.
3. The technical contact person(s) shall regularly read the
information provided by the RIPE NCC on the mailing list
tt-host@ripe.net to which he will be automatically subscribed.
4. Requests for local support shall be accessed and dealt with by a
technical contact person only.
5. If a Test Box causes problems and there is no technical contact
person available, the RIPE NCC may remove the Test Box from the
measurement network until the problem can be solved.
6. Customer shall inform the RIPE NCC (tt-ops@ripe.net) of a power
outage planned by Customer at least one (1) working day in
advance. The RIPE NCC shall perform a regular shutdown of the Test
Box shortly before the power outage and inform the technical
contact person when the Test Box can be re-booted.
7. The technical contact person may perform an emergency system stop
only if such is necessary to avoid damage to the Test Box, Test Box
Data or local network and the RIPE NCC cannot be informed in time
to take appropriate actions to avoid such damage. The emergency
system stop shall be performed in accordance with the procedure
described in Document ripe-179, Appendix B. The technical contact
person informs the RIPE NCC (tt-ops@ripe.net) immediately following
the emergency stop
8. If the configuration data of the Test Box has to be changed,
Customer shall provide the RIPE NCC (tt-ops@ripe.net) with the new
data and the date at which they become effective at least one (1)
working day in advance. After the RIPE NCC has reconfigured the
Test Box and shut the Test Box down, it shall inform Customer when
the Test Box can be re-installed. Customer shall re-install the
Test Box in accordance with the procedure described in the
Installation Document.
Annex E - Data Disclosure
This annex is dropped and replaced by document RIPE-180 or its successor.
RIPE NCC Test Traffic Measurements service and test-box purchase agreement
6
RIPE297.ps,19 december 2003 Page 1