Suchergebnisse

Legal qualification of cloud contracts is increasingly becoming one of the questions analysed as part of different studies, scientific research, or legislative initiatives. Depending on the type of cloud contract, sometimes cloud contracts are proposed to be qualified as a lease, in other cases as a service contracts. Cloud service providers sometimes define their services as grant of a license. This article aims to verify the proposals on qualification of cloud contracts, first describing the characteristics of cloud contracts and then analysing their conformance to the qualifying features of different types of regulated contracts. ; Debesų sutarčių teisinis kvalifikavimas vis dažniau tampa įvairių studijų, mokslinių tyrimų ar teisėkūros iniciatyvų vienu iš nagrinėtinų klausimų. Atsižvelgiant į debesų sutarties tipą, kartais debesų sutartį siūloma kvalifikuoti kaip nuomos, kitais atvejais kaip paslaugų sutartį. Debesų paslaugų teikėjai savo teikiamą paslaugą įvardija ir kaip licencijos suteikimą. Šiame straipsnyje siekiama įvertinti siūlymus dėl debesų sutarčių kvalifikavimo, pirmiausia, apibūdinant debesų sutarčių požymius, ir analizuojant jų atitiktį tam tikrų įstatymų reglamentuotų rūšių sutarčių kvalifikuojantiems požymiams.

In recent decades, there was an increase in formalism in contract law, where additional requirements for form of agreement or for information provided were introduced, especially in the area of consumer law. Therefore, analysis of such new legal requirements, their trends, and application practice becomes relevant. Historical analysis of legislature confirms that "durable medium" requirement was established in EU law in order to ensure that consumers remain able to rely in the future on the information received via instantaneous electronic communication technologies. The primary and only element and requirement of "durable medium" was persistency (durability) of the information. In later legislative initiatives "durable medium" definition was changed by supplementing it with example list of media; however, such casuistic approach turned out to be in contrast to the changing technological environment. Therefore, the newest legal sources rightly do not contain such lists any more. The case law interprets "durable medium" too formalistically and by introducing such additional safety requirements, which were not foreseen in the legal instruments and were not intended by the legislator. ; Pastaraisiais dešimtmečiais sutarčių teisėje stiprėja formalizmas, nustatant papildomus reikalavimus sutarties formai arba pagal sutartį teikiamai informacijai, ypač vartotojų teisių srityje. Patvariosios laikmenos reikalavimas buvo nustatytas siekiant užtikrinti, kad sutartims sudaryti naudojamos naujosios momentinio ryšio technologijos neapsunkintų vartotojo padėties ir leistų jam ateityje remtis elektroniniais ryšiais gauta informacija. Straipsnyje nagrinėjama, kaip įstatymų leidyboje keitėsi patvariosios laikmenos sąvoka, kritikuojama teismų praktika, kurioje šios naujosios taisyklės buvo interpretuojamos ir taikomos.

Lithium abundance in most of the warm metal-poor main sequence stars shows a constarnt plateau (A(Li) ~ 2.2 dex) and then the upper envelope of the lithium vs. metallicity distribution increases as we approach solar metallicity. Meteorites, which carry information about the chemical composition of the interstellar medium (ISM) at the solar system formation time, show a lithium abundance A(Li) ~ 3.26 dex. This pattern reflects the Li enrichment history of the ISM during the Galaxy lifetime. After the initial Li production in big bang nucleosynthesis, the sources of the enrichment include asymptotic giant branch (AGB) stars, low-mass red giants, novae, type II supernovae, and Galactic cosmic rays. The total amount of enriched Li is sensitive to the relative contribution of these sources. Thus different Li enrichment histories are expected in the Galactic thick and thin disc. We investigate the main sequence stars observed with UVES in Gaia-ESO Survey iDR4 catalogue and find a Li-anticorrelation independent of [Fe/H], T, and log(g). Since in stellar evolution different α enhancements at the same metallicity do not lead to a measurable Li abundance change, the anticorrelation indicates that more Li is produced during the Galactic thin disc phase than during the Galactic thick disc phase. We also find a correlation between the abundance of Li and s-process elements Ba and Y, and they both decrease above the solar metallicity, which can be explained in the framework of the adopted Galactic chemical evolution models.© ESO 2018. ; This work is based on data products from observations made with ESO Telescopes at the La Silla Paranal Observatory under programme ID 188. B-3002 and 193. B-0936. These data products have been processed by the Cambridge Astronomy Survey Unit (CASU) at the Institute of Astronomy, University of Cambridge, and by the FLAMES/UVES reduction team at INAF/Osservatorio Astrofisico di Arcetri. Data used her were obtained from the Gaia-ESO Survey Data Archive, prepared and hosted by the Wide Field Astronomy Unit, Institute for Astronomy, University of Edinburgh, which is funded by the UK Science and Technology Facilities Council. This work was partly supported by the European Union FP7 programme through ERC grant number 320360 and by the Leverhulme Trust through grant RPG-2012-541. We acknowledge the support from INAF and Ministero dell' Istruzione, dell' Universita' e della Ricerca (MIUR) in the form of the grant >Premiale VLT 2012>. The results presented here benefit from discussions held during the Gaia-ESO workshops and conferences supported by the ESF (European Science Foundation) through the GREAT Research Network Programme. This research has made use of the TOPCAT catalogue handling and plotting tool (Taylor 2005, 2017); of the Simbad database and the VizieR catalogue access tool, CDS, Strasbourg, France (Ochsenbein et al. 2000); and of NASA's Astrophysics Data System. X. F acknowledges helpful discussions with Nikos Prantzos and Paolo Molaro, and thanks Zhiyu Zhang for the help on MCMC calculations. E. D. M. and S. G. S. acknowledge the support from Fundacao para a Ciencia e a Tecnologia (FCT) through national funds and from FEDER through COMPETE2020 by the following grants: UID/FIS/04434/2013 & POCI-01-0145-FEDER-007672, PTDC/FIS-AST/1526/2014 & POCI-01-0145-FEDER-016886, and PTDC/FIS-AST/7073/2014 & POCI-01-0145-FEDER-016880. E. D. M. and S. G. S. also acknowledge the support from FCT through Investigador FCT contracts IF/00849/2015/CP1273/CT003 and IF/00028/2014/CP1215/CT0002. C. A. acknowledges to the Spanish grant AYA2015-63588-P within the European Founds for Regional Development (FEDER). A. K. and T. B. acknowledge the project grant >The New Milky Way> from the Knut and Alice Wallenberg Foundation. R. S. acknowledges support from the Polish Ministry of Science and Higher Education.

Context. Pismis 18 is a moderately populated, intermediate-Age open cluster located within the solar circle at a Galactocentric distance of about seven kpc. Few open clusters have been studied in detail in the inner disc region before the Gaia-ESO Survey. Aims. New data from the Gaia-ESO Survey allowed us to conduct an extended radial velocity membership study as well as spectroscopic metallicity and detailed chemical abundance measurements for this cluster. Methods. Gaia-ESO Survey data for 142 potential members, lying on the upper main sequence and on the red clump, yielded radial velocity measurements, which, together with proper motion measurements from the Gaia Second Data Release (Gaia DR2), were used to determine the systemic velocity of the cluster and membership of individual stars. Photometry from Gaia DR2 was used to re-determine cluster parameters based on high confidence member stars only. Cluster abundance measurements of six radial-velocity member stars with UVES high-resolution spectroscopy are presented for 23 elements. Results. The average radial velocity of 26 high confidence members is-27.5 ± 2.5 (std) km s with an average proper motion of pmra =-5.65 ± 0.08 (std) mas yr and pmdec =-2.29 ± 0.11 (std) mas yr. According to the new estimates, based on high confidence members, Pismis 18 has an age of τ = 700 Myr, interstellar reddening of E(B-V) = 0.562 mag and a de-reddened distance modulus of DM = 11.96 mag. The median metallicity of the cluster (using the six UVES stars) is [Fe/H] = +0.23 ± 0.05 dex, with [α/Fe] = 0.07 ± 0.13 and a slight enhancement of s-and r-neutron-capture elements. Conclusions. With the present work, we fully characterized the open cluster Pismis 18. We confirmed its present location in the inner disc. We estimated a younger age than the previous literature values and we gave, for the first time, its metallicity and its detailed abundances. Its [α/Fe] and [s-process/Fe], both slightly super-solar, are in agreement with other inner-disc open clusters observed by the Gaia-ESO survey.© ESO 2019. ; Based on data products from observations made with ESO Telescopes at the La Silla Paranal Observatory under programme ID 188.B-3002. These data products have been processed by the Cambridge Astronomy Survey Unit (CASU) at the Institute of Astronomy, University of Cambridge, and by the FLAMES/UVES reduction team at INAF/Osservatorio Astrofisico di Arcetri. These data have been obtained from the Gaia-ESO Survey Data Archive, prepared and hosted by the Wide Field Astronomy Unit, Institute for Astronomy, University of Edinburgh, which is funded by the UK Science and Technology Facilities Council. This work was partly supported by the European Union FP7 programme through ERC grant number 320360 and by the Leverhulme Trust through grant RPG-2012-541. We acknowledge the support from INAF and Ministero dell' Istruzione, dell' Universita' e della Ricerca (MIUR) in the form of the grant >Premiale VLT 2012>. The results presented here benefit from discussions held during the Gaia-ESO workshops and conferences supported by the ESF (European Science Foundation) through the GREAT Research Network Programme. The research leading to these results has received funding from the European Community's Seventh Framework Programme (FP7-SPACE-2013-1) under grant agreement no. 606740. This work has made use of data from the European Space Agency (ESA) mission Gaia (https://www.cosmos.esa.int/gaia), processed by the Gaia Data Processing and Analysis Consortium (DPAC, https://www.cosmos.esa.int/web/gaia/dpac/consortium). Funding for the DPAC has been provided by national institutions, in particular the institutions participating in the Gaia Multilateral Agreement. E. T. acknowledges the University of Pisa (Low and intermediate mass stellar models for the age determination of stellar clusters observed by the Gaia satellite, PI: S. Degl'Innocenti) and INFN (Iniziativa specifica TAsP). A. R. C. acknowledges support through the Australian Research Council through grant DP160100637. E. D. -M. acknowledges the support from Fundacao para a Ciencia e a Tecnologia (FCT) through national funds and from FEDER through COMPETE2020 by the following grants UID/FIS/04434/2013 & POCI-01-0145-FEDER-007672, PTDC/FIS-AST/7073/2014 & POCI-01-0145-FEDER-016880 and by the Investigador FCT contract IF/00849/2015. S. F. was supported by the project grant >The New Milky Way> from Knut and Alice Wallenberg Foundation. R. S. acknowledges support from the Polish Ministry of Science and Higher Education. A. B. acknowledges PREMIALE 2015 MITiC (PI B. Garilli). ; Peer Reviewed

Investigating the chemical homogeneity of stars born from the same molecular cloud at virtually the same time is very important for our understanding of the chemical enrichment of the interstellar medium and with it the chemical evolution of the Galaxy. One major cause of inhomogeneities in the abundances of open clusters is stellar evolution of the cluster members. In this work, we investigate variations in the surface chemical composition of member stars of the old open clusterM67 as a possible consequence of atomic diffusion effects taking place during the main-sequence phase. The abundances used are obtained from high-resolution UVES/FLAMES spectra within the framework of the Gaia-ESO Survey. We find that the surface abundances of stars on the main sequence decrease with increasing mass reaching a minimum at the turn-off. After deepening of the convective envelope in subgiant branch stars, the initial surface abundances are restored.We found themeasured abundances to be consistent with the predictions of stellar evolutionary models for a cluster with the age and metallicity of M67. Our findings indicate that atomic diffusion poses a non-negligible constraint on the achievable precision of chemical tagging methods.© 2018 The Author(s) Published by Oxford University Press on behalf of the Royal Astronomical Society. ; This work was supported by Sonderforschungsbereich SFB 881 'The Milky Way System' (subproject B5) of the German Research Foundation (DFG). AB acknowledges support from the SFB 881 visitor program. CBM thanks Elisabetta Caffau for fruitful discussions and Don VandenBerg for providing the isochrones shown in Fig 1. The authors would like to thank the anonymous referee for the constructive comments that helped in improving the present work.r MTC acknowledges the financial support from the Spanish Ministerio de Economia y Competitividad, through grant AYA2016-75931. AD and GT acknowledge support by the Research Council of Lithuania (MIP-082/2015). UH acknowledges support from the Swedish National Space Board (SNSB/Rymdstyrelsen). TB was supported by the project grant 'The New Milky' from the Knut and Alice Wallenberg foundation. RS acknowledges support from the Polish Ministry of Science and Higher Education. SGS and VA acknowledge the support by Fundacao para a Ciencia e Tecnologia (FCT) through national funds and a research grant (project ref. UID/FIS/04434/2013, and PTDC/FISAST/7073/2014). SGS also acknowledges the support from FCT through Investigador FCT contract of reference IF/00028/2014 and POPH/FSE (EC) by FEDER funding through the program 'Programa Operacional de Factores de Competitividade - COMPETE'. VA acknowledges the support from FCT through Investigador FCT contract IF/00650/2015/CP1273/CT0001. EJA acknowledges partial support from the Spanish Ministry for Economy and Competitiveness and FEDER funds through grant AYA2013-40611-P. ARC is supported through an Australian Research Council Discovery Project under grant DP160100637. CL thanks the Swiss National Science Foundation for supporting this research through the Ambizione grant number PZ00P2 168065. AK acknowledges support from the Swedish National Space Board (SNSB). XF acknowledges financial support from Premiale 2015 MITiC (PI B/Garilli). SLM acknowledges support from the Australian Research Council through grant DE140100598. AB acknowledges support from the Millennium Science Initiative (Chilean Ministry of Economy).r Based on data products from observations made with ESO Telescopes at the La Silla Paranal Observatory under programme ID 188.B-3002. These data products have been processed by the Cambridge Astronomy Survey Unit (CASU) at the Institute of Astronomy, University of Cambridge, and by the FLAMES/UVES reduction team at INAF/Osservatorio Astrofisico di Arcetri. These data have been obtained from the Gaia-ESO Survey Data Archive, prepared and hosted by the Wide Field Astronomy Unit, Institute for Astronomy, University of Edinburgh, which is funded by the UK Science and Technology Facilities Council. This work was partly supported by the European Union FP7 programme through ERC grant number 320360 and by the Leverhulme Trust through grant RPG-2012-541. We acknowledge the support from INAF and Ministero dell' Istruzione, dell' Universita' e della Ricerca (MIUR) in the form of the grant 'Premiale VLT 2012', and through PRIN-INAF 2014 'The Gaia-ESO Survey'. The results presented here benefit from discussions held during the Gaia-ESO workshops and conferences supported by the ESF (European Science Foundation) through the GREAT Research Network Programme. This research has made use of the SIMBAD data base, operated at CDS, Strasbourg, France and NASA's Astrophysics Data System.

Context. Determination and calibration of the ages of stars, which heavily rely on stellar evolutionary models, are very challenging, while representing a crucial aspect in many astrophysical areas. Aims. We describe the methodologies that, taking advantage of Gaia-DR1 and the Gaia-ESO Survey data, enable the comparison of observed open star cluster sequences with stellar evolutionary models. The final, long-term goal is the exploitation of open clusters as age calibrators. Methods. We perform a homogeneous analysis of eight open clusters using the Gaia-DR1 TGAS catalogue for bright members and information from the Gaia-ESO Survey for fainter stars. Cluster membership probabilities for the Gaia-ESO Survey targets are derived based on several spectroscopic tracers. The Gaia-ESO Survey also provides the cluster chemical composition. We obtain cluster parallaxes using two methods. The first one relies on the astrometric selection of a sample of bona fide members, while the other one fits the parallax distribution of a larger sample of TGAS sources. Ages and reddening values are recovered through a Bayesian analysis using the 2MASS magnitudes and three sets of standard models. Lithium depletion boundary (LDB) ages are also determined using literature observations and the same models employed for the Bayesian analysis. Results. For all but one cluster, parallaxes derived by us agree with those presented in Gaia Collaboration (2017, A&A, 601, A19), while a discrepancy is found for NGC 2516; we provide evidence supporting our own determination. Inferred cluster ages are robust against models and are generally consistent with literature values. Conclusions. The systematic parallax errors inherent in the Gaia DR1 data presently limit the precision of our results. Nevertheless, we have been able to place these eight clusters onto the same age scale for the first time, with good agreement between isochronal and LDB ages where there is overlap. Our approach appears promising and demonstrates the potential of combining Gaia and ground-based spectroscopic datasets.© ESO 2018. ; Based on data products from observations made with ESO Telescopes at the La Silla Paranal Observatory under programme IDs 188.B-3002, 193.B.0936, and 197.B-1074. These data products have been processed by the Cambridge Astronomy Survey Unit (CASU) at the Institute of Astronomy, University of Cambridge, and by the FLAMES/UVES reduction team at INAF/Osservatorio Astrofisico di Arcetri. These data have been obtained from the Gaia-ESO Survey Data Archive, prepared and hosted by the Wide Field Astronomy Unit, Institute for Astronomy, University of Edinburgh, which is funded by the UK Science and Technology Facilities Council. This work has made use of data from the European Space Agency (ESA) mission Gaia (http://www.cosmos.esa.int/gaia), processed by the Gaia Data Processing and Analysis Consortium (DPAC, http://www.cosmos.esa.int/web/gaia/dpac/consortium). Funding for the DPAC has been provided by national institutions, in particular the institutions participating in the Gaia Multilateral Agreement. This research was made possible through the use of the AAVSO Photometric All-Sky Survey (APASS), funded by the Robert Martin Ayers Sciences Fundation. This research has made use of the SIMBAD and VizieR databases, operated at CDS, Strasbourg, France. This research has made use of NASA's Astrophysics Data System. This work was partly supported by the European Union FP7 programme through ERC grant number 320360 and by the Leverhulme Trust through grant RPG-2012-541. We acknowledge the support from INAF and Ministero dell' Istruzione, dell' Universita e della Ricerca (MIUR) in the form of the grant >Premiale VLT 2012> and by PRIN-INAF 2014. The results presented here benefit from discussions held during the Gaia-ESO Survey workshops and conferences supported by the ESF (European Science Foundation) through the GREAT Research Network Programme. E.T., P.G.P.M. and S.D. acknowledge PRA Universita di Pisa 2016 (Stelle di piccola massa: le pietre miliari dell'archeologia galattica, PI: S. Degl'Innocenti) and INFN (Iniziativa specifica TAsP). M.T.C. acknowledge the financial support from the Spanish Ministerio de Economia y Competitividad, through grant AYA2016-75931. U.H. acknowledges support from the Swedish National Space Board (SNSB/Rymdstyrelsen). P.R.F. and A.S. acknowledge useful discussions with Mario Lattanzi. We thank an anonymous referee for the very helpful and constructive comments.