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+ ### Preamble
2
+
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+ The Open Data Commons Attribution License is a license agreement
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+ intended to allow users to freely share, modify, and use this Database
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+ subject only to the attribution requirements set out in Section 4.
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+
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+ Databases can contain a wide variety of types of content (images,
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+ audiovisual material, and sounds all in the same database, for example),
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+ and so this license only governs the rights over the Database, and not
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+ the contents of the Database individually. Licensors may therefore wish
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+ to use this license together with another license for the contents.
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+
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+ Sometimes the contents of a database, or the database itself, can be
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+ covered by other rights not addressed here (such as private contracts,
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+ trademark over the name, or privacy rights / data protection rights
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+ over information in the contents), and so you are advised that you may
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+ have to consult other documents or clear other rights before doing
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+ activities not covered by this License.
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+
20
+ ------
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+
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+ The Licensor (as defined below)
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+
24
+ and
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+
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+ You (as defined below)
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+
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+ agree as follows:
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+
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+ ### 1.0 Definitions of Capitalised Words
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+
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+ "Collective Database" - Means this Database in unmodified form as part
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+ of a collection of independent databases in themselves that together are
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+ assembled into a collective whole. A work that constitutes a Collective
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+ Database will not be considered a Derivative Database.
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+
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+ "Convey" - As a verb, means Using the Database, a Derivative Database,
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+ or the Database as part of a Collective Database in any way that enables
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+ a Person to make or receive copies of the Database or a Derivative
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+ Database. Conveying does not include interaction with a user through a
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+ computer network, or creating and Using a Produced Work, where no
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+ transfer of a copy of the Database or a Derivative Database occurs.
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+
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+ "Contents" - The contents of this Database, which includes the
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+ information, independent works, or other material collected into the
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+ Database. For example, the contents of the Database could be factual
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+ data or works such as images, audiovisual material, text, or sounds.
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+
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+ "Database" - A collection of material (the Contents) arranged in a
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+ systematic or methodical way and individually accessible by electronic
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+ or other means offered under the terms of this License.
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+
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+ "Database Directive" - Means Directive 96/9/EC of the European
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+ Parliament and of the Council of 11 March 1996 on the legal protection
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+ of databases, as amended or succeeded.
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+
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+ "Database Right" - Means rights resulting from the Chapter III ("sui
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+ generis") rights in the Database Directive (as amended and as transposed
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+ by member states), which includes the Extraction and Re-utilisation of
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+ the whole or a Substantial part of the Contents, as well as any similar
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+ rights available in the relevant jurisdiction under Section 10.4.
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+
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+ "Derivative Database" - Means a database based upon the Database, and
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+ includes any translation, adaptation, arrangement, modification, or any
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+ other alteration of the Database or of a Substantial part of the
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+ Contents. This includes, but is not limited to, Extracting or
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+ Re-utilising the whole or a Substantial part of the Contents in a new
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+ Database.
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+
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+ "Extraction" - Means the permanent or temporary transfer of all or a
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+ Substantial part of the Contents to another medium by any means or in
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+ any form.
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+
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+ "License" - Means this license agreement and is both a license of rights
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+ such as copyright and Database Rights and an agreement in contract.
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+
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+ "Licensor" - Means the Person that offers the Database under the terms
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+ of this License.
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+
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+ "Person" - Means a natural or legal person or a body of persons
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+ corporate or incorporate.
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+
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+ "Produced Work" - a work (such as an image, audiovisual material, text,
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+ or sounds) resulting from using the whole or a Substantial part of the
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+ Contents (via a search or other query) from this Database, a Derivative
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+ Database, or this Database as part of a Collective Database.
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+
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+ "Publicly" - means to Persons other than You or under Your control by
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+ either more than 50% ownership or by the power to direct their
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+ activities (such as contracting with an independent consultant).
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+
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+ "Re-utilisation" - means any form of making available to the public all
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+ or a Substantial part of the Contents by the distribution of copies, by
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+ renting, by online or other forms of transmission.
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+
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+ "Substantial" - Means substantial in terms of quantity or quality or a
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+ combination of both. The repeated and systematic Extraction or
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+ Re-utilisation of insubstantial parts of the Contents may amount to the
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+ Extraction or Re-utilisation of a Substantial part of the Contents.
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+
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+ "Use" - As a verb, means doing any act that is restricted by copyright
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+ or Database Rights whether in the original medium or any other; and
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+ includes without limitation distributing, copying, publicly performing,
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+ publicly displaying, and preparing derivative works of the Database, as
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+ well as modifying the Database as may be technically necessary to use it
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+ in a different mode or format.
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+
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+ "You" - Means a Person exercising rights under this License who has not
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+ previously violated the terms of this License with respect to the
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+ Database, or who has received express permission from the Licensor to
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+ exercise rights under this License despite a previous violation.
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+
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+ Words in the singular include the plural and vice versa.
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+
115
+ ### 2.0 What this License covers
116
+
117
+ 2.1. Legal effect of this document. This License is:
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+
119
+ a. A license of applicable copyright and neighbouring rights;
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+
121
+ b. A license of the Database Right; and
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+
123
+ c. An agreement in contract between You and the Licensor.
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+
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+ 2.2 Legal rights covered. This License covers the legal rights in the
126
+ Database, including:
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+
128
+ a. Copyright. Any copyright or neighbouring rights in the Database.
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+ The copyright licensed includes any individual elements of the
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+ Database, but does not cover the copyright over the Contents
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+ independent of this Database. See Section 2.4 for details. Copyright
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+ 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
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+ Contents stored in the Database;
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+
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.
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+ Database Rights can apply even when there is no copyright over the
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+ Database. Database Rights can also apply when the Contents are removed
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+ from the Database and are selected and arranged in a way that would
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+ not infringe any applicable copyright; and
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+
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+ c. Contract. This is an agreement between You and the Licensor for
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+ access to the Database. In return you agree to certain conditions of
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+ use on this access as outlined in this License.
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+
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+ 2.3 Rights not covered.
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+
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+ a. This License does not apply to computer programs used in the making
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+ or operation of the Database;
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+
154
+ b. This License does not cover any patents over the Contents or the
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+ Database; and
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+
157
+ c. This License does not cover any trademarks associated with the
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+ Database.
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+
160
+ 2.4 Relationship to Contents in the Database. The individual items of
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+ the Contents contained in this Database may be covered by other rights,
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+ including copyright, patent, data protection, privacy, or personality
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+ 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
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+ include commercial use, and do not exclude any field of endeavour. To
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+ the extent possible in the relevant jurisdiction, these rights may be
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+ exercised in all media and formats whether now known or created in the
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+ future.
180
+
181
+ The rights granted cover, for example:
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+
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+ a. Extraction and Re-utilisation of the whole or a Substantial part of
184
+ the Contents;
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+
186
+ b. Creation of Derivative Databases;
187
+
188
+ c. Creation of Collective Databases;
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+
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
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+ Databases or as a part of Collective Databases; and
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+
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+ e. Distribution, communication, display, lending, making available, or
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+ performance to the public by any means and in any form, in whole or in
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+ part, including of any Derivative Database or as a part of Collective
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+ Databases.
198
+
199
+ 3.2 Compulsory license schemes. For the avoidance of doubt:
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+
201
+ a. Non-waivable compulsory license schemes. In those jurisdictions in
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+ which the right to collect royalties through any statutory or
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+ compulsory licensing scheme cannot be waived, the Licensor reserves
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+ the exclusive right to collect such royalties for any exercise by You
205
+ of the rights granted under this License;
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+
207
+ b. Waivable compulsory license schemes. In those jurisdictions in
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+ which the right to collect royalties through any statutory or
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+ compulsory licensing scheme can be waived, the Licensor waives the
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+ exclusive right to collect such royalties for any exercise by You of
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+ the rights granted under this License; and,
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+
213
+ c. Voluntary license schemes. The Licensor waives the right to collect
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+ royalties, whether individually or, in the event that the Licensor is
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+ a member of a collecting society that administers voluntary licensing
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+ schemes, via that society, from any exercise by You of the rights
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+ granted under this License.
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+
219
+ 3.3 The right to release the Database under different terms, or to stop
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+ distributing or making available the Database, is reserved. Note that
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+ this Database may be multiple-licensed, and so You may have the choice
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+ of using alternative licenses for this Database. Subject to Section
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+ 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
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+ Your complying with the following conditions of use. These are important
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+ conditions of this License, and if You fail to follow them, You will be
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+ 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:
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+
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)
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+ with the Database or Derivative Database, including both in the
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+ Database or Derivative Database and in any relevant documentation;
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+
242
+ c. Keep intact any copyright or Database Right notices and notices
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+ that refer to this License; and
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+
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+ d. If it is not possible to put the required notices in a particular
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+ file due to its structure, then You must include the notices in a
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+ location (such as a relevant directory) where users would be likely to
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+ 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
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+ 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
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+ required URI's with the above notice.
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+
271
+ 4.4 Licensing of others. You may not sublicense the Database. Each time
272
+ 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
281
+ under this License.
282
+
283
+ ### 5.0 Moral rights
284
+
285
+ 5.1 Moral rights. This section covers moral rights, including any rights
286
+ 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:
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+
290
+ 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
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+ rights over the Database and waives all claims in moral rights to the
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+ fullest extent possible by the law of the relevant jurisdiction under
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+ 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
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+ moral rights over certain aspects of the Database.
304
+
305
+ Please note that some jurisdictions do not allow for the waiver of moral
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+ 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.