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LICENSE.txt
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1 |
+
### Preamble
|
2 |
+
|
3 |
+
The Open Data Commons Attribution License is a license agreement
|
4 |
+
intended to allow users to freely share, modify, and use this Database
|
5 |
+
subject only to the attribution requirements set out in Section 4.
|
6 |
+
|
7 |
+
Databases can contain a wide variety of types of content (images,
|
8 |
+
audiovisual material, and sounds all in the same database, for example),
|
9 |
+
and so this license only governs the rights over the Database, and not
|
10 |
+
the contents of the Database individually. Licensors may therefore wish
|
11 |
+
to use this license together with another license for the contents.
|
12 |
+
|
13 |
+
Sometimes the contents of a database, or the database itself, can be
|
14 |
+
covered by other rights not addressed here (such as private contracts,
|
15 |
+
trademark over the name, or privacy rights / data protection rights
|
16 |
+
over information in the contents), and so you are advised that you may
|
17 |
+
have to consult other documents or clear other rights before doing
|
18 |
+
activities not covered by this License.
|
19 |
+
|
20 |
+
------
|
21 |
+
|
22 |
+
The Licensor (as defined below)
|
23 |
+
|
24 |
+
and
|
25 |
+
|
26 |
+
You (as defined below)
|
27 |
+
|
28 |
+
agree as follows:
|
29 |
+
|
30 |
+
### 1.0 Definitions of Capitalised Words
|
31 |
+
|
32 |
+
"Collective Database" - Means this Database in unmodified form as part
|
33 |
+
of a collection of independent databases in themselves that together are
|
34 |
+
assembled into a collective whole. A work that constitutes a Collective
|
35 |
+
Database will not be considered a Derivative Database.
|
36 |
+
|
37 |
+
"Convey" - As a verb, means Using the Database, a Derivative Database,
|
38 |
+
or the Database as part of a Collective Database in any way that enables
|
39 |
+
a Person to make or receive copies of the Database or a Derivative
|
40 |
+
Database. Conveying does not include interaction with a user through a
|
41 |
+
computer network, or creating and Using a Produced Work, where no
|
42 |
+
transfer of a copy of the Database or a Derivative Database occurs.
|
43 |
+
|
44 |
+
"Contents" - The contents of this Database, which includes the
|
45 |
+
information, independent works, or other material collected into the
|
46 |
+
Database. For example, the contents of the Database could be factual
|
47 |
+
data or works such as images, audiovisual material, text, or sounds.
|
48 |
+
|
49 |
+
"Database" - A collection of material (the Contents) arranged in a
|
50 |
+
systematic or methodical way and individually accessible by electronic
|
51 |
+
or other means offered under the terms of this License.
|
52 |
+
|
53 |
+
"Database Directive" - Means Directive 96/9/EC of the European
|
54 |
+
Parliament and of the Council of 11 March 1996 on the legal protection
|
55 |
+
of databases, as amended or succeeded.
|
56 |
+
|
57 |
+
"Database Right" - Means rights resulting from the Chapter III ("sui
|
58 |
+
generis") rights in the Database Directive (as amended and as transposed
|
59 |
+
by member states), which includes the Extraction and Re-utilisation of
|
60 |
+
the whole or a Substantial part of the Contents, as well as any similar
|
61 |
+
rights available in the relevant jurisdiction under Section 10.4.
|
62 |
+
|
63 |
+
"Derivative Database" - Means a database based upon the Database, and
|
64 |
+
includes any translation, adaptation, arrangement, modification, or any
|
65 |
+
other alteration of the Database or of a Substantial part of the
|
66 |
+
Contents. This includes, but is not limited to, Extracting or
|
67 |
+
Re-utilising the whole or a Substantial part of the Contents in a new
|
68 |
+
Database.
|
69 |
+
|
70 |
+
"Extraction" - Means the permanent or temporary transfer of all or a
|
71 |
+
Substantial part of the Contents to another medium by any means or in
|
72 |
+
any form.
|
73 |
+
|
74 |
+
"License" - Means this license agreement and is both a license of rights
|
75 |
+
such as copyright and Database Rights and an agreement in contract.
|
76 |
+
|
77 |
+
"Licensor" - Means the Person that offers the Database under the terms
|
78 |
+
of this License.
|
79 |
+
|
80 |
+
"Person" - Means a natural or legal person or a body of persons
|
81 |
+
corporate or incorporate.
|
82 |
+
|
83 |
+
"Produced Work" - a work (such as an image, audiovisual material, text,
|
84 |
+
or sounds) resulting from using the whole or a Substantial part of the
|
85 |
+
Contents (via a search or other query) from this Database, a Derivative
|
86 |
+
Database, or this Database as part of a Collective Database.
|
87 |
+
|
88 |
+
"Publicly" - means to Persons other than You or under Your control by
|
89 |
+
either more than 50% ownership or by the power to direct their
|
90 |
+
activities (such as contracting with an independent consultant).
|
91 |
+
|
92 |
+
"Re-utilisation" - means any form of making available to the public all
|
93 |
+
or a Substantial part of the Contents by the distribution of copies, by
|
94 |
+
renting, by online or other forms of transmission.
|
95 |
+
|
96 |
+
"Substantial" - Means substantial in terms of quantity or quality or a
|
97 |
+
combination of both. The repeated and systematic Extraction or
|
98 |
+
Re-utilisation of insubstantial parts of the Contents may amount to the
|
99 |
+
Extraction or Re-utilisation of a Substantial part of the Contents.
|
100 |
+
|
101 |
+
"Use" - As a verb, means doing any act that is restricted by copyright
|
102 |
+
or Database Rights whether in the original medium or any other; and
|
103 |
+
includes without limitation distributing, copying, publicly performing,
|
104 |
+
publicly displaying, and preparing derivative works of the Database, as
|
105 |
+
well as modifying the Database as may be technically necessary to use it
|
106 |
+
in a different mode or format.
|
107 |
+
|
108 |
+
"You" - Means a Person exercising rights under this License who has not
|
109 |
+
previously violated the terms of this License with respect to the
|
110 |
+
Database, or who has received express permission from the Licensor to
|
111 |
+
exercise rights under this License despite a previous violation.
|
112 |
+
|
113 |
+
Words in the singular include the plural and vice versa.
|
114 |
+
|
115 |
+
### 2.0 What this License covers
|
116 |
+
|
117 |
+
2.1. Legal effect of this document. This License is:
|
118 |
+
|
119 |
+
a. A license of applicable copyright and neighbouring rights;
|
120 |
+
|
121 |
+
b. A license of the Database Right; and
|
122 |
+
|
123 |
+
c. An agreement in contract between You and the Licensor.
|
124 |
+
|
125 |
+
2.2 Legal rights covered. This License covers the legal rights in the
|
126 |
+
Database, including:
|
127 |
+
|
128 |
+
a. Copyright. Any copyright or neighbouring rights in the Database.
|
129 |
+
The copyright licensed includes any individual elements of the
|
130 |
+
Database, but does not cover the copyright over the Contents
|
131 |
+
independent of this Database. See Section 2.4 for details. Copyright
|
132 |
+
law varies between jurisdictions, but is likely to cover: the Database
|
133 |
+
model or schema, which is the structure, arrangement, and organisation
|
134 |
+
of the Database, and can also include the Database tables and table
|
135 |
+
indexes; the data entry and output sheets; and the Field names of
|
136 |
+
Contents stored in the Database;
|
137 |
+
|
138 |
+
b. Database Rights. Database Rights only extend to the Extraction and
|
139 |
+
Re-utilisation of the whole or a Substantial part of the Contents.
|
140 |
+
Database Rights can apply even when there is no copyright over the
|
141 |
+
Database. Database Rights can also apply when the Contents are removed
|
142 |
+
from the Database and are selected and arranged in a way that would
|
143 |
+
not infringe any applicable copyright; and
|
144 |
+
|
145 |
+
c. Contract. This is an agreement between You and the Licensor for
|
146 |
+
access to the Database. In return you agree to certain conditions of
|
147 |
+
use on this access as outlined in this License.
|
148 |
+
|
149 |
+
2.3 Rights not covered.
|
150 |
+
|
151 |
+
a. This License does not apply to computer programs used in the making
|
152 |
+
or operation of the Database;
|
153 |
+
|
154 |
+
b. This License does not cover any patents over the Contents or the
|
155 |
+
Database; and
|
156 |
+
|
157 |
+
c. This License does not cover any trademarks associated with the
|
158 |
+
Database.
|
159 |
+
|
160 |
+
2.4 Relationship to Contents in the Database. The individual items of
|
161 |
+
the Contents contained in this Database may be covered by other rights,
|
162 |
+
including copyright, patent, data protection, privacy, or personality
|
163 |
+
rights, and this License does not cover any rights (other than Database
|
164 |
+
Rights or in contract) in individual Contents contained in the Database.
|
165 |
+
For example, if used on a Database of images (the Contents), this
|
166 |
+
License would not apply to copyright over individual images, which could
|
167 |
+
have their own separate licenses, or one single license covering all of
|
168 |
+
the rights over the images.
|
169 |
+
|
170 |
+
### 3.0 Rights granted
|
171 |
+
|
172 |
+
3.1 Subject to the terms and conditions of this License, the Licensor
|
173 |
+
grants to You a worldwide, royalty-free, non-exclusive, terminable (but
|
174 |
+
only under Section 9) license to Use the Database for the duration of
|
175 |
+
any applicable copyright and Database Rights. These rights explicitly
|
176 |
+
include commercial use, and do not exclude any field of endeavour. To
|
177 |
+
the extent possible in the relevant jurisdiction, these rights may be
|
178 |
+
exercised in all media and formats whether now known or created in the
|
179 |
+
future.
|
180 |
+
|
181 |
+
The rights granted cover, for example:
|
182 |
+
|
183 |
+
a. Extraction and Re-utilisation of the whole or a Substantial part of
|
184 |
+
the Contents;
|
185 |
+
|
186 |
+
b. Creation of Derivative Databases;
|
187 |
+
|
188 |
+
c. Creation of Collective Databases;
|
189 |
+
|
190 |
+
d. Creation of temporary or permanent reproductions by any means and
|
191 |
+
in any form, in whole or in part, including of any Derivative
|
192 |
+
Databases or as a part of Collective Databases; and
|
193 |
+
|
194 |
+
e. Distribution, communication, display, lending, making available, or
|
195 |
+
performance to the public by any means and in any form, in whole or in
|
196 |
+
part, including of any Derivative Database or as a part of Collective
|
197 |
+
Databases.
|
198 |
+
|
199 |
+
3.2 Compulsory license schemes. For the avoidance of doubt:
|
200 |
+
|
201 |
+
a. Non-waivable compulsory license schemes. In those jurisdictions in
|
202 |
+
which the right to collect royalties through any statutory or
|
203 |
+
compulsory licensing scheme cannot be waived, the Licensor reserves
|
204 |
+
the exclusive right to collect such royalties for any exercise by You
|
205 |
+
of the rights granted under this License;
|
206 |
+
|
207 |
+
b. Waivable compulsory license schemes. In those jurisdictions in
|
208 |
+
which the right to collect royalties through any statutory or
|
209 |
+
compulsory licensing scheme can be waived, the Licensor waives the
|
210 |
+
exclusive right to collect such royalties for any exercise by You of
|
211 |
+
the rights granted under this License; and,
|
212 |
+
|
213 |
+
c. Voluntary license schemes. The Licensor waives the right to collect
|
214 |
+
royalties, whether individually or, in the event that the Licensor is
|
215 |
+
a member of a collecting society that administers voluntary licensing
|
216 |
+
schemes, via that society, from any exercise by You of the rights
|
217 |
+
granted under this License.
|
218 |
+
|
219 |
+
3.3 The right to release the Database under different terms, or to stop
|
220 |
+
distributing or making available the Database, is reserved. Note that
|
221 |
+
this Database may be multiple-licensed, and so You may have the choice
|
222 |
+
of using alternative licenses for this Database. Subject to Section
|
223 |
+
10.4, all other rights not expressly granted by Licensor are reserved.
|
224 |
+
|
225 |
+
### 4.0 Conditions of Use
|
226 |
+
|
227 |
+
4.1 The rights granted in Section 3 above are expressly made subject to
|
228 |
+
Your complying with the following conditions of use. These are important
|
229 |
+
conditions of this License, and if You fail to follow them, You will be
|
230 |
+
in material breach of its terms.
|
231 |
+
|
232 |
+
4.2 Notices. If You Publicly Convey this Database, any Derivative
|
233 |
+
Database, or the Database as part of a Collective Database, then You
|
234 |
+
must:
|
235 |
+
|
236 |
+
a. Do so only under the terms of this License;
|
237 |
+
|
238 |
+
b. Include a copy of this License or its Uniform Resource Identifier (URI)
|
239 |
+
with the Database or Derivative Database, including both in the
|
240 |
+
Database or Derivative Database and in any relevant documentation;
|
241 |
+
|
242 |
+
c. Keep intact any copyright or Database Right notices and notices
|
243 |
+
that refer to this License; and
|
244 |
+
|
245 |
+
d. If it is not possible to put the required notices in a particular
|
246 |
+
file due to its structure, then You must include the notices in a
|
247 |
+
location (such as a relevant directory) where users would be likely to
|
248 |
+
look for it.
|
249 |
+
|
250 |
+
4.3 Notice for using output (Contents). Creating and Using a Produced
|
251 |
+
Work does not require the notice in Section 4.2. However, if you
|
252 |
+
Publicly Use a Produced Work, You must include a notice associated with
|
253 |
+
the Produced Work reasonably calculated to make any Person that uses,
|
254 |
+
views, accesses, interacts with, or is otherwise exposed to the Produced
|
255 |
+
Work aware that Content was obtained from the Database, Derivative
|
256 |
+
Database, or the Database as part of a Collective Database, and that it
|
257 |
+
is available under this License.
|
258 |
+
|
259 |
+
a. Example notice. The following text will satisfy notice under
|
260 |
+
Section 4.3:
|
261 |
+
|
262 |
+
Contains information from DATABASE NAME which is made available
|
263 |
+
under the ODC Attribution License.
|
264 |
+
|
265 |
+
DATABASE NAME should be replaced with the name of the Database and a
|
266 |
+
hyperlink to the location of the Database. "ODC Attribution License"
|
267 |
+
should contain a hyperlink to the URI of the text of this License. If
|
268 |
+
hyperlinks are not possible, You should include the plain text of the
|
269 |
+
required URI's with the above notice.
|
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+
|
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+
4.4 Licensing of others. You may not sublicense the Database. Each time
|
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+
You communicate the Database, the whole or Substantial part of the
|
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+
Contents, or any Derivative Database to anyone else in any way, the
|
274 |
+
Licensor offers to the recipient a license to the Database on the same
|
275 |
+
terms and conditions as this License. You are not responsible for
|
276 |
+
enforcing compliance by third parties with this License, but You may
|
277 |
+
enforce any rights that You have over a Derivative Database. You are
|
278 |
+
solely responsible for any modifications of a Derivative Database made
|
279 |
+
by You or another Person at Your direction. You may not impose any
|
280 |
+
further restrictions on the exercise of the rights granted or affirmed
|
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+
under this License.
|
282 |
+
|
283 |
+
### 5.0 Moral rights
|
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+
|
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+
5.1 Moral rights. This section covers moral rights, including any rights
|
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+
to be identified as the author of the Database or to object to treatment
|
287 |
+
that would otherwise prejudice the author's honour and reputation, or
|
288 |
+
any other derogatory treatment:
|
289 |
+
|
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+
a. For jurisdictions allowing waiver of moral rights, Licensor waives
|
291 |
+
all moral rights that Licensor may have in the Database to the fullest
|
292 |
+
extent possible by the law of the relevant jurisdiction under Section
|
293 |
+
10.4;
|
294 |
+
|
295 |
+
b. If waiver of moral rights under Section 5.1 a in the relevant
|
296 |
+
jurisdiction is not possible, Licensor agrees not to assert any moral
|
297 |
+
rights over the Database and waives all claims in moral rights to the
|
298 |
+
fullest extent possible by the law of the relevant jurisdiction under
|
299 |
+
Section 10.4; and
|
300 |
+
|
301 |
+
c. For jurisdictions not allowing waiver or an agreement not to assert
|
302 |
+
moral rights under Section 5.1 a and b, the author may retain their
|
303 |
+
moral rights over certain aspects of the Database.
|
304 |
+
|
305 |
+
Please note that some jurisdictions do not allow for the waiver of moral
|
306 |
+
rights, and so moral rights may still subsist over the Database in some
|
307 |
+
jurisdictions.
|
308 |
+
|
309 |
+
### 6.0 Fair dealing, Database exceptions, and other rights not affected
|
310 |
+
|
311 |
+
6.1 This License does not affect any rights that You or anyone else may
|
312 |
+
independently have under any applicable law to make any use of this
|
313 |
+
Database, including without limitation:
|
314 |
+
|
315 |
+
a. Exceptions to the Database Right including: Extraction of Contents
|
316 |
+
from non-electronic Databases for private purposes, Extraction for
|
317 |
+
purposes of illustration for teaching or scientific research, and
|
318 |
+
Extraction or Re-utilisation for public security or an administrative
|
319 |
+
or judicial procedure.
|
320 |
+
|
321 |
+
b. Fair dealing, fair use, or any other legally recognised limitation
|
322 |
+
or exception to infringement of copyright or other applicable laws.
|
323 |
+
|
324 |
+
6.2 This License does not affect any rights of lawful users to Extract
|
325 |
+
and Re-utilise insubstantial parts of the Contents, evaluated
|
326 |
+
quantitatively or qualitatively, for any purposes whatsoever, including
|
327 |
+
creating a Derivative Database (subject to other rights over the
|
328 |
+
Contents, see Section 2.4). The repeated and systematic Extraction or
|
329 |
+
Re-utilisation of insubstantial parts of the Contents may however amount
|
330 |
+
to the Extraction or Re-utilisation of a Substantial part of the
|
331 |
+
Contents.
|
332 |
+
|
333 |
+
### 7.0 Warranties and Disclaimer
|
334 |
+
|
335 |
+
7.1 The Database is licensed by the Licensor "as is" and without any
|
336 |
+
warranty of any kind, either express, implied, or arising by statute,
|
337 |
+
custom, course of dealing, or trade usage. Licensor specifically
|
338 |
+
disclaims any and all implied warranties or conditions of title,
|
339 |
+
non-infringement, accuracy or completeness, the presence or absence of
|
340 |
+
errors, fitness for a particular purpose, merchantability, or otherwise.
|
341 |
+
Some jurisdictions do not allow the exclusion of implied warranties, so
|
342 |
+
this exclusion may not apply to You.
|
343 |
+
|
344 |
+
### 8.0 Limitation of liability
|
345 |
+
|
346 |
+
8.1 Subject to any liability that may not be excluded or limited by law,
|
347 |
+
the Licensor is not liable for, and expressly excludes, all liability
|
348 |
+
for loss or damage however and whenever caused to anyone by any use
|
349 |
+
under this License, whether by You or by anyone else, and whether caused
|
350 |
+
by any fault on the part of the Licensor or not. This exclusion of
|
351 |
+
liability includes, but is not limited to, any special, incidental,
|
352 |
+
consequential, punitive, or exemplary damages such as loss of revenue,
|
353 |
+
data, anticipated profits, and lost business. This exclusion applies
|
354 |
+
even if the Licensor has been advised of the possibility of such
|
355 |
+
damages.
|
356 |
+
|
357 |
+
8.2 If liability may not be excluded by law, it is limited to actual and
|
358 |
+
direct financial loss to the extent it is caused by proved negligence on
|
359 |
+
the part of the Licensor.
|
360 |
+
|
361 |
+
### 9.0 Termination of Your rights under this License
|
362 |
+
|
363 |
+
9.1 Any breach by You of the terms and conditions of this License
|
364 |
+
automatically terminates this License with immediate effect and without
|
365 |
+
notice to You. For the avoidance of doubt, Persons who have received the
|
366 |
+
Database, the whole or a Substantial part of the Contents, Derivative
|
367 |
+
Databases, or the Database as part of a Collective Database from You
|
368 |
+
under this License will not have their licenses terminated provided
|
369 |
+
their use is in full compliance with this License or a license granted
|
370 |
+
under Section 4.8 of this License. Sections 1, 2, 7, 8, 9 and 10 will
|
371 |
+
survive any termination of this License.
|
372 |
+
|
373 |
+
9.2 If You are not in breach of the terms of this License, the Licensor
|
374 |
+
will not terminate Your rights under it.
|
375 |
+
|
376 |
+
9.3 Unless terminated under Section 9.1, this License is granted to You
|
377 |
+
for the duration of applicable rights in the Database.
|
378 |
+
|
379 |
+
9.4 Reinstatement of rights. If you cease any breach of the terms and
|
380 |
+
conditions of this License, then your full rights under this License
|
381 |
+
will be reinstated:
|
382 |
+
|
383 |
+
a. Provisionally and subject to permanent termination until the 60th
|
384 |
+
day after cessation of breach;
|
385 |
+
|
386 |
+
b. Permanently on the 60th day after cessation of breach unless
|
387 |
+
otherwise reasonably notified by the Licensor; or
|
388 |
+
|
389 |
+
c. Permanently if reasonably notified by the Licensor of the
|
390 |
+
violation, this is the first time You have received notice of
|
391 |
+
violation of this License from the Licensor, and You cure the
|
392 |
+
violation prior to 30 days after your receipt of the notice.
|
393 |
+
|
394 |
+
9.5 Notwithstanding the above, Licensor reserves the right to release
|
395 |
+
the Database under different license terms or to stop distributing or
|
396 |
+
making available the Database. Releasing the Database under different
|
397 |
+
license terms or stopping the distribution of the Database will not
|
398 |
+
withdraw this License (or any other license that has been, or is
|
399 |
+
required to be, granted under the terms of this License), and this
|
400 |
+
License will continue in full force and effect unless terminated as
|
401 |
+
stated above.
|
402 |
+
|
403 |
+
### 10.0 General
|
404 |
+
|
405 |
+
10.1 If any provision of this License is held to be invalid or
|
406 |
+
unenforceable, that must not affect the validity or enforceability of
|
407 |
+
the remainder of the terms and conditions of this License and each
|
408 |
+
remaining provision of this License shall be valid and enforced to the
|
409 |
+
fullest extent permitted by law.
|
410 |
+
|
411 |
+
10.2 This License is the entire agreement between the parties with
|
412 |
+
respect to the rights granted here over the Database. It replaces any
|
413 |
+
earlier understandings, agreements or representations with respect to
|
414 |
+
the Database.
|
415 |
+
|
416 |
+
10.3 If You are in breach of the terms of this License, You will not be
|
417 |
+
entitled to rely on the terms of this License or to complain of any
|
418 |
+
breach by the Licensor.
|
419 |
+
|
420 |
+
10.4 Choice of law. This License takes effect in and will be governed by
|
421 |
+
the laws of the relevant jurisdiction in which the License terms are
|
422 |
+
sought to be enforced. If the standard suite of rights granted under
|
423 |
+
applicable copyright law and Database Rights in the relevant
|
424 |
+
jurisdiction includes additional rights not granted under this License,
|
425 |
+
these additional rights are granted in this License in order to meet the
|
426 |
+
terms of this License.
|