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1
+ ODC Open Database License (ODbL)
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+ =======================================================================
3
+
4
+ Preamble
5
+ The Open Database License (ODbL) is a license agreement intended to
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+ allow users to freely share, modify, and use this Database while
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+ maintaining this same freedom for others. Many databases are covered by
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+ copyright, and therefore this document licenses these rights. Some
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+ jurisdictions, mainly in the European Union, have specific rights that
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+ cover databases, and so the ODbL addresses these rights, too. Finally,
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+ the ODbL is also an agreement in contract for users of this Database to
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+ act in certain ways in return for accessing this Database.
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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 the ODbL only governs the rights over the Database, and not the
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+ contents of the Database individually. Licensors should use the ODbL
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+ together with another license for the contents, if the contents have a
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+ single set of rights that uniformly covers all of the contents. If the
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+ contents have multiple sets of different rights, Licensors should
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+ describe what rights govern what contents together in the individual
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+ record or in some other way that clarifies what rights apply.
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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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+ trade mark 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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+
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+ The Licensor (as defined below)
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+
33
+ and
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+
35
+ 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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+ “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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+ “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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+
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+ 2.0 What this License covers
123
+ 2.1. Legal effect of this document. This License is:
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+
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+ a. A license of applicable copyright and neighbouring rights;
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+
127
+ b. A license of the Database Right; and
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+
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+ 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
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+ Database, including:
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+
134
+ 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
139
+ model or schema, which is the structure, arrangement, and organisation
140
+ of the Database, and can also include the Database tables and table
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+ 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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+
144
+ b. Database Rights. Database Rights only extend to the Extraction and
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+ Re-utilisation of the whole or a Substantial part of the Contents.
146
+ 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
148
+ 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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+
151
+ 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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+
157
+ 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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+
160
+ b. This License does not cover any patents over the Contents or the
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+ Database; and
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+
163
+ c. This License does not cover any trademarks associated with the
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+ Database.
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+
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+ 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
170
+ Rights or in contract) in individual Contents contained in the Database.
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+ For example, if used on a Database of images (the Contents), this
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+ License would not apply to copyright over individual images, which could
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+ have their own separate licenses, or one single license covering all of
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+ the rights over the images.
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+
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+ 3.0 Rights granted
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+ 3.1 Subject to the terms and conditions of this License, the Licensor
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+ grants to You a worldwide, royalty-free, non-exclusive, terminable (but
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+ only under Section 9) license to Use the Database for the duration of
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+ 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.
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+
186
+ The rights granted cover, for example:
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+
188
+ a. Extraction and Re-utilisation of the whole or a Substantial part of
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+ the Contents;
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+
191
+ b. Creation of Derivative Databases;
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+
193
+ c. Creation of Collective Databases;
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+
195
+ d. Creation of temporary or permanent reproductions by any means and
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+ 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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+
199
+ e. Distribution, communication, display, lending, making available, or
200
+ performance to the public by any means and in any form, in whole or in
201
+ part, including of any Derivative Database or as a part of Collective
202
+ Databases.
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+
204
+ 3.2 Compulsory license schemes. For the avoidance of doubt:
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+
206
+ a. Non-waivable compulsory license schemes. In those jurisdictions in
207
+ 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
210
+ of the rights granted under this License;
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+
212
+ 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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+
218
+ c. Voluntary license schemes. The Licensor waives the right to collect
219
+ royalties, whether individually or, in the event that the Licensor is
220
+ a member of a collecting society that administers voluntary licensing
221
+ schemes, via that society, from any exercise by You of the rights
222
+ granted under this License.
223
+
224
+ 3.3 The right to release the Database under different terms, or to stop
225
+ distributing or making available the Database, is reserved. Note that
226
+ this Database may be multiple-licensed, and so You may have the choice
227
+ of using alternative licenses for this Database. Subject to Section
228
+ 10.4, all other rights not expressly granted by Licensor are reserved.
229
+
230
+ 4.0 Conditions of Use
231
+ 4.1 The rights granted in Section 3 above are expressly made subject to
232
+ Your complying with the following conditions of use. These are important
233
+ conditions of this License, and if You fail to follow them, You will be
234
+ in material breach of its terms.
235
+
236
+ 4.2 Notices. If You Publicly Convey this Database, any Derivative
237
+ Database, or the Database as part of a Collective Database, then You
238
+ must:
239
+
240
+ a. Do so only under the terms of this License or another license
241
+ permitted under Section 4.4;
242
+
243
+ b. Include a copy of this License (or, as applicable, a license
244
+ permitted under Section 4.4) or its Uniform Resource Identifier (URI)
245
+ with the Database or Derivative Database, including both in the
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+ Database or Derivative Database and in any relevant documentation; and
247
+
248
+ c. Keep intact any copyright or Database Right notices and notices
249
+ that refer to this License.
250
+
251
+ d. If it is not possible to put the required notices in a particular
252
+ file due to its structure, then You must include the notices in a
253
+ location (such as a relevant directory) where users would be likely to
254
+ look for it.
255
+
256
+ 4.3 Notice for using output (Contents). Creating and Using a Produced
257
+ Work does not require the notice in Section 4.2. However, if you
258
+ 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,
260
+ views, accesses, interacts with, or is otherwise exposed to the Produced
261
+ Work aware that Content was obtained from the Database, Derivative
262
+ Database, or the Database as part of a Collective Database, and that it
263
+ is available under this License.
264
+
265
+ a. Example notice. The following text will satisfy notice under
266
+ Section 4.3:
267
+
268
+ Contains information from DATABASE NAME, which is made available
269
+ here under the Open Database License (ODbL).
270
+ DATABASE NAME should be replaced with the name of the Database and a
271
+ hyperlink to the URI of the Database. “Open Database License” should
272
+ contain a hyperlink to the URI of the text of this License. If
273
+ hyperlinks are not possible, You should include the plain text of the
274
+ required URI’s with the above notice.
275
+
276
+ 4.4 Share alike.
277
+
278
+ a. Any Derivative Database that You Publicly Use must be only under
279
+ the terms of:
280
+
281
+ i. This License;
282
+
283
+ ii. A later version of this License similar in spirit to this
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+ License; or
285
+
286
+ iii. A compatible license.
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+
288
+ If You license the Derivative Database under one of the licenses
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+ mentioned in (iii), You must comply with the terms of that license.
290
+
291
+ b. For the avoidance of doubt, Extraction or Re-utilisation of the
292
+ whole or a Substantial part of the Contents into a new database is a
293
+ Derivative Database and must comply with Section 4.4.
294
+
295
+ c. Derivative Databases and Produced Works. A Derivative Database is
296
+ Publicly Used and so must comply with Section 4.4. if a Produced Work
297
+ created from the Derivative Database is Publicly Used.
298
+
299
+ d. Share Alike and additional Contents. For the avoidance of doubt,
300
+ You must not add Contents to Derivative Databases under Section 4.4 a
301
+ that are incompatible with the rights granted under this License.
302
+
303
+ e. Compatible licenses. Licensors may authorise a proxy to determine
304
+ compatible licenses under Section 4.4 a iii. If they do so, the
305
+ authorised proxy’s public statement of acceptance of a compatible
306
+ license grants You permission to use the compatible license.
307
+
308
+ 4.5 Limits of Share Alike. The requirements of Section 4.4 do not apply
309
+ in the following:
310
+
311
+ a. For the avoidance of doubt, You are not required to license
312
+ Collective Databases under this License if You incorporate this
313
+ Database or a Derivative Database in the collection, but this License
314
+ still applies to this Database or a Derivative Database as a part of
315
+ the Collective Database;
316
+
317
+ b. Using this Database, a Derivative Database, or this Database as
318
+ part of a Collective Database to create a Produced Work does not
319
+ create a Derivative Database for purposes of Section 4.4; and
320
+
321
+ c. Use of a Derivative Database internally within an organisation is
322
+ not to the public and therefore does not fall under the requirements
323
+ of Section 4.4.
324
+
325
+ 4.6 Access to Derivative Databases. If You Publicly Use a Derivative
326
+ Database or a Produced Work from a Derivative Database, You must also
327
+ offer to recipients of the Derivative Database or Produced Work a copy
328
+ in a machine readable form of:
329
+
330
+ a. The entire Derivative Database; or
331
+
332
+ b. A file containing all of the alterations made to the Database or
333
+ the method of making the alterations to the Database (such as an
334
+ algorithm), including any additional Contents, that make up all the
335
+ differences between the Database and the Derivative Database.
336
+
337
+ The Derivative Database (under a.) or alteration file (under b.) must be
338
+ available at no more than a reasonable production cost for physical
339
+ distributions and free of charge if distributed over the internet.
340
+
341
+ 4.7 Technological measures and additional terms
342
+
343
+ a. This License does not allow You to impose (except subject to
344
+ Section 4.7 b.) any terms or any technological measures on the
345
+ Database, a Derivative Database, or the whole or a Substantial part of
346
+ the Contents that alter or restrict the terms of this License, or any
347
+ rights granted under it, or have the effect or intent of restricting
348
+ the ability of any person to exercise those rights.
349
+
350
+ b. Parallel distribution. You may impose terms or technological
351
+ measures on the Database, a Derivative Database, or the whole or a
352
+ Substantial part of the Contents (a “Restricted Database”) in
353
+ contravention of Section 4.74 a. only if You also make a copy of the
354
+ Database or a Derivative Database available to the recipient of the
355
+ Restricted Database:
356
+
357
+ i. That is available without additional fee;
358
+
359
+ ii. That is available in a medium that does not alter or restrict
360
+ the terms of this License, or any rights granted under it, or have
361
+ the effect or intent of restricting the ability of any person to
362
+ exercise those rights (an “Unrestricted Database”); and
363
+
364
+ iii. The Unrestricted Database is at least as accessible to the
365
+ recipient as a practical matter as the Restricted Database.
366
+
367
+ c. For the avoidance of doubt, You may place this Database or a
368
+ Derivative Database in an authenticated environment, behind a
369
+ password, or within a similar access control scheme provided that You
370
+ do not alter or restrict the terms of this License or any rights
371
+ granted under it or have the effect or intent of restricting the
372
+ ability of any person to exercise those rights.
373
+
374
+ 4.8 Licensing of others. You may not sublicense the Database. Each time
375
+ You communicate the Database, the whole or Substantial part of the
376
+ Contents, or any Derivative Database to anyone else in any way, the
377
+ Licensor offers to the recipient a license to the Database on the same
378
+ terms and conditions as this License. You are not responsible for
379
+ enforcing compliance by third parties with this License, but You may
380
+ enforce any rights that You have over a Derivative Database. You are
381
+ solely responsible for any modifications of a Derivative Database made
382
+ by You or another Person at Your direction. You may not impose any
383
+ further restrictions on the exercise of the rights granted or affirmed
384
+ under this License.
385
+
386
+ 5.0 Moral rights
387
+ 5.1 Moral rights. This section covers moral rights, including any rights
388
+ to be identified as the author of the Database or to object to treatment
389
+ that would otherwise prejudice the author’s honour and reputation, or
390
+ any other derogatory treatment:
391
+
392
+ a. For jurisdictions allowing waiver of moral rights, Licensor waives
393
+ all moral rights that Licensor may have in the Database to the fullest
394
+ extent possible by the law of the relevant jurisdiction under Section
395
+ 10.4;
396
+
397
+ b. If waiver of moral rights under Section 5.1 a in the relevant
398
+ jurisdiction is not possible, Licensor agrees not to assert any moral
399
+ rights over the Database and waives all claims in moral rights to the
400
+ fullest extent possible by the law of the relevant jurisdiction under
401
+ Section 10.4; and
402
+
403
+ c. For jurisdictions not allowing waiver or an agreement not to assert
404
+ moral rights under Section 5.1 a and b, the author may retain their
405
+ moral rights over certain aspects of the Database.
406
+
407
+ Please note that some jurisdictions do not allow for the waiver of moral
408
+ rights, and so moral rights may still subsist over the Database in some
409
+ jurisdictions.
410
+
411
+ 6.0 Fair dealing, Database exceptions, and other rights not affected
412
+ 6.1 This License does not affect any rights that You or anyone else may
413
+ independently have under any applicable law to make any use of this
414
+ Database, including without limitation:
415
+
416
+ a. Exceptions to the Database Right including: Extraction of Contents
417
+ from non-electronic Databases for private purposes, Extraction for
418
+ purposes of illustration for teaching or scientific research, and
419
+ Extraction or Re-utilisation for public security or an administrative
420
+ or judicial procedure.
421
+
422
+ b. Fair dealing, fair use, or any other legally recognised limitation
423
+ or exception to infringement of copyright or other applicable laws.
424
+
425
+ 6.2 This License does not affect any rights of lawful users to Extract
426
+ and Re-utilise insubstantial parts of the Contents, evaluated
427
+ quantitatively or qualitatively, for any purposes whatsoever, including
428
+ creating a Derivative Database (subject to other rights over the
429
+ Contents, see Section 2.4). The repeated and systematic Extraction or
430
+ Re-utilisation of insubstantial parts of the Contents may however amount
431
+ to the Extraction or Re-utilisation of a Substantial part of the
432
+ Contents.
433
+
434
+ 7.0 Warranties and Disclaimer
435
+ 7.1 The Database is licensed by the Licensor “as is” and without any
436
+ warranty of any kind, either express, implied, or arising by statute,
437
+ custom, course of dealing, or trade usage. Licensor specifically
438
+ disclaims any and all implied warranties or conditions of title,
439
+ non-infringement, accuracy or completeness, the presence or absence of
440
+ errors, fitness for a particular purpose, merchantability, or otherwise.
441
+ Some jurisdictions do not allow the exclusion of implied warranties, so
442
+ this exclusion may not apply to You.
443
+
444
+ 8.0 Limitation of liability
445
+ 8.1 Subject to any liability that may not be excluded or limited by law,
446
+ the Licensor is not liable for, and expressly excludes, all liability
447
+ for loss or damage however and whenever caused to anyone by any use
448
+ under this License, whether by You or by anyone else, and whether caused
449
+ by any fault on the part of the Licensor or not. This exclusion of
450
+ liability includes, but is not limited to, any special, incidental,
451
+ consequential, punitive, or exemplary damages such as loss of revenue,
452
+ data, anticipated profits, and lost business. This exclusion applies
453
+ even if the Licensor has been advised of the possibility of such
454
+ damages.
455
+
456
+ 8.2 If liability may not be excluded by law, it is limited to actual and
457
+ direct financial loss to the extent it is caused by proved negligence on
458
+ the part of the Licensor.
459
+
460
+ 9.0 Termination of Your rights under this License
461
+ 9.1 Any breach by You of the terms and conditions of this License
462
+ automatically terminates this License with immediate effect and without
463
+ notice to You. For the avoidance of doubt, Persons who have received the
464
+ Database, the whole or a Substantial part of the Contents, Derivative
465
+ Databases, or the Database as part of a Collective Database from You
466
+ under this License will not have their licenses terminated provided
467
+ their use is in full compliance with this License or a license granted
468
+ under Section 4.8 of this License. Sections 1, 2, 7, 8, 9 and 10 will
469
+ survive any termination of this License.
470
+
471
+ 9.2 If You are not in breach of the terms of this License, the Licensor
472
+ will not terminate Your rights under it.
473
+
474
+ 9.3 Unless terminated under Section 9.1, this License is granted to You
475
+ for the duration of applicable rights in the Database.
476
+
477
+ 9.4 Reinstatement of rights. If you cease any breach of the terms and
478
+ conditions of this License, then your full rights under this License
479
+ will be reinstated:
480
+
481
+ a. Provisionally and subject to permanent termination until the 60th
482
+ day after cessation of breach;
483
+
484
+ b. Permanently on the 60th day after cessation of breach unless
485
+ otherwise reasonably notified by the Licensor; or
486
+
487
+ c. Permanently if reasonably notified by the Licensor of the
488
+ violation, this is the first time You have received notice of
489
+ violation of this License from the Licensor, and You cure the
490
+ violation prior to 30 days after your receipt of the notice.
491
+
492
+ Persons subject to permanent termination of rights are not eligible to
493
+ be a recipient and receive a license under Section 4.8.
494
+
495
+ 9.5 Notwithstanding the above, Licensor reserves the right to release
496
+ the Database under different license terms or to stop distributing or
497
+ making available the Database. Releasing the Database under different
498
+ license terms or stopping the distribution of the Database will not
499
+ withdraw this License (or any other license that has been, or is
500
+ required to be, granted under the terms of this License), and this
501
+ License will continue in full force and effect unless terminated as
502
+ stated above.
503
+
504
+ 10.0 General
505
+ 10.1 If any provision of this License is held to be invalid or
506
+ unenforceable, that must not affect the validity or enforceability of
507
+ the remainder of the terms and conditions of this License and each
508
+ remaining provision of this License shall be valid and enforced to the
509
+ fullest extent permitted by law.
510
+
511
+ 10.2 This License is the entire agreement between the parties with
512
+ respect to the rights granted here over the Database. It replaces any
513
+ earlier understandings, agreements or representations with respect to
514
+ the Database.
515
+
516
+ 10.3 If You are in breach of the terms of this License, You will not be
517
+ entitled to rely on the terms of this License or to complain of any
518
+ breach by the Licensor.
519
+
520
+ 10.4 Choice of law. This License takes effect in and will be governed by
521
+ the laws of the relevant jurisdiction in which the License terms are
522
+ sought to be enforced. If the standard suite of rights granted under
523
+ applicable copyright law and Database Rights in the relevant
524
+ jurisdiction includes additional rights not granted under this License,
525
+ these additional rights are granted in this License in order to meet the
526
+ terms of this License.