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- ODC Open Database License (ODbL) Preamble
-
- The Open Database License (ODbL) is a license agreement intended to allow
- users to freely share, modify, and use this Database while maintaining this
- same freedom for others. Many databases are covered by copyright, and therefore
- this document licenses these rights. Some jurisdictions, mainly in the European
- Union, have specific rights that cover databases, and so the ODbL addresses
- these rights, too. Finally, the ODbL is also an agreement in contract for
- users of this Database to act in certain ways in return for accessing this
- Database.
-
- Databases can contain a wide variety of types of content (images, audiovisual
- material, and sounds all in the same database, for example), and so the ODbL
- only governs the rights over the Database, and not the contents of the Database
- individually. Licensors should use the ODbL together with another license
- for the contents, if the contents have a single set of rights that uniformly
- covers all of the contents. If the contents have multiple sets of different
- rights, Licensors should describe what rights govern what contents together
- in the individual record or in some other way that clarifies what rights apply.
-
- Sometimes the contents of a database, or the database itself, can be covered
- by other rights not addressed here (such as private contracts, trade mark
- over the name, or privacy rights / data protection rights over information
- in the contents), and so you are advised that you may have to consult other
- documents or clear other rights before doing activities not covered by this
- License.
-
- ------
-
- The Licensor (as defined below)
-
- and
-
- You (as defined below)
-
- agree as follows:
-
- 1.0 Definitions of Capitalised Words
-
- "Collective Database" - Means this Database in unmodified form as part of
- a collection of independent databases in themselves that together are assembled
- into a collective whole. A work that constitutes a Collective Database will
- not be considered a Derivative Database.
-
- "Convey" - As a verb, means Using the Database, a Derivative Database, or
- the Database as part of a Collective Database in any way that enables a Person
- to make or receive copies of the Database or a Derivative Database. Conveying
- does not include interaction with a user through a computer network, or creating
- and Using a Produced Work, where no transfer of a copy of the Database or
- a Derivative Database occurs.
-
- "Contents" - The contents of this Database, which includes the information,
- independent works, or other material collected into the Database. For example,
- the contents of the Database could be factual data or works such as images,
- audiovisual material, text, or sounds.
-
- "Database" - A collection of material (the Contents) arranged in a systematic
- or methodical way and individually accessible by electronic or other means
- offered under the terms of this License.
-
- "Database Directive" - Means Directive 96/9/EC of the European Parliament
- and of the Council of 11 March 1996 on the legal protection of databases,
- as amended or succeeded.
-
- "Database Right" - Means rights resulting from the Chapter III ("sui generis")
- rights in the Database Directive (as amended and as transposed by member states),
- which includes the Extraction and Re-utilisation of the whole or a Substantial
- part of the Contents, as well as any similar rights available in the relevant
- jurisdiction under Section 10.4.
-
- "Derivative Database" - Means a database based upon the Database, and includes
- any translation, adaptation, arrangement, modification, or any other alteration
- of the Database or of a Substantial part of the Contents. This includes, but
- is not limited to, Extracting or Re-utilising the whole or a Substantial part
- of the Contents in a new Database.
-
- "Extraction" - Means the permanent or temporary transfer of all or a Substantial
- part of the Contents to another medium by any means or in any form.
-
- "License" - Means this license agreement and is both a license of rights such
- as copyright and Database Rights and an agreement in contract.
-
- "Licensor" - Means the Person that offers the Database under the terms of
- this License.
-
- "Person" - Means a natural or legal person or a body of persons corporate
- or incorporate.
-
- "Produced Work" - a work (such as an image, audiovisual material, text, or
- sounds) resulting from using the whole or a Substantial part of the Contents
- (via a search or other query) from this Database, a Derivative Database, or
- this Database as part of a Collective Database.
-
- "Publicly" - means to Persons other than You or under Your control by either
- more than 50% ownership or by the power to direct their activities (such as
- contracting with an independent consultant).
-
- "Re-utilisation" - means any form of making available to the public all or
- a Substantial part of the Contents by the distribution of copies, by renting,
- by online or other forms of transmission.
-
- "Substantial" - Means substantial in terms of quantity or quality or a combination
- of both. The repeated and systematic Extraction or Re-utilisation of insubstantial
- parts of the Contents may amount to the Extraction or Re-utilisation of a
- Substantial part of the Contents.
-
- "Use" - As a verb, means doing any act that is restricted by copyright or
- Database Rights whether in the original medium or any other; and includes
- without limitation distributing, copying, publicly performing, publicly displaying,
- and preparing derivative works of the Database, as well as modifying the Database
- as may be technically necessary to use it in a different mode or format.
-
- "You" - Means a Person exercising rights under this License who has not previously
- violated the terms of this License with respect to the Database, or who has
- received express permission from the Licensor to exercise rights under this
- License despite a previous violation.
-
- Words in the singular include the plural and vice versa.
-
- 2.0 What this License covers
-
- 2.1. Legal effect of this document. This License is:
-
- a. A license of applicable copyright and neighbouring rights;
-
- b. A license of the Database Right; and
-
- c. An agreement in contract between You and the Licensor.
-
- 2.2 Legal rights covered. This License covers the legal rights in the Database,
- including:
-
- a. Copyright. Any copyright or neighbouring rights in the Database. The copyright
- licensed includes any individual elements of the Database, but does not cover
- the copyright over the Contents independent of this Database. See Section
- 2.4 for details. Copyright law varies between jurisdictions, but is likely
- to cover: the Database model or schema, which is the structure, arrangement,
- and organisation of the Database, and can also include the Database tables
- and table indexes; the data entry and output sheets; and the Field names of
- Contents stored in the Database;
-
- b. Database Rights. Database Rights only extend to the Extraction and Re-utilisation
- of the whole or a Substantial part of the Contents. Database Rights can apply
- even when there is no copyright over the Database. Database Rights can also
- apply when the Contents are removed from the Database and are selected and
- arranged in a way that would not infringe any applicable copyright; and
-
- c. Contract. This is an agreement between You and the Licensor for access
- to the Database. In return you agree to certain conditions of use on this
- access as outlined in this License.
-
- 2.3 Rights not covered.
-
- a. This License does not apply to computer programs used in the making or
- operation of the Database;
-
- b. This License does not cover any patents over the Contents or the Database;
- and
-
- c. This License does not cover any trademarks associated with the Database.
-
- 2.4 Relationship to Contents in the Database. The individual items of the
- Contents contained in this Database may be covered by other rights, including
- copyright, patent, data protection, privacy, or personality rights, and this
- License does not cover any rights (other than Database Rights or in contract)
- in individual Contents contained in the Database. For example, if used on
- a Database of images (the Contents), this License would not apply to copyright
- over individual images, which could have their own separate licenses, or one
- single license covering all of the rights over the images.
-
- 3.0 Rights granted
-
- 3.1 Subject to the terms and conditions of this License, the Licensor grants
- to You a worldwide, royalty-free, non-exclusive, terminable (but only under
- Section 9) license to Use the Database for the duration of any applicable
- copyright and Database Rights. These rights explicitly include commercial
- use, and do not exclude any field of endeavour. To the extent possible in
- the relevant jurisdiction, these rights may be exercised in all media and
- formats whether now known or created in the future.
-
- The rights granted cover, for example:
-
- a. Extraction and Re-utilisation of the whole or a Substantial part of the
- Contents;
-
- b. Creation of Derivative Databases;
-
- c. Creation of Collective Databases;
-
- d. Creation of temporary or permanent reproductions by any means and in any
- form, in whole or in part, including of any Derivative Databases or as a part
- of Collective Databases; and
-
- e. Distribution, communication, display, lending, making available, or performance
- to the public by any means and in any form, in whole or in part, including
- of any Derivative Database or as a part of Collective Databases.
-
- 3.2 Compulsory license schemes. For the avoidance of doubt:
-
- a. Non-waivable compulsory license schemes. In those jurisdictions in which
- the right to collect royalties through any statutory or compulsory licensing
- scheme cannot be waived, the Licensor reserves the exclusive right to collect
- such royalties for any exercise by You of the rights granted under this License;
-
- b. Waivable compulsory license schemes. In those jurisdictions in which the
- right to collect royalties through any statutory or compulsory licensing scheme
- can be waived, the Licensor waives the exclusive right to collect such royalties
- for any exercise by You of the rights granted under this License; and,
-
- c. Voluntary license schemes. The Licensor waives the right to collect royalties,
- whether individually or, in the event that the Licensor is a member of a collecting
- society that administers voluntary licensing schemes, via that society, from
- any exercise by You of the rights granted under this License.
-
- 3.3 The right to release the Database under different terms, or to stop distributing
- or making available the Database, is reserved. Note that this Database may
- be multiple-licensed, and so You may have the choice of using alternative
- licenses for this Database. Subject to Section 10.4, all other rights not
- expressly granted by Licensor are reserved.
-
- 4.0 Conditions of Use
-
- 4.1 The rights granted in Section 3 above are expressly made subject to Your
- complying with the following conditions of use. These are important conditions
- of this License, and if You fail to follow them, You will be in material breach
- of its terms.
-
- 4.2 Notices. If You Publicly Convey this Database, any Derivative Database,
- or the Database as part of a Collective Database, then You must:
-
- a. Do so only under the terms of this License or another license permitted
- under Section 4.4;
-
- b. Include a copy of this License (or, as applicable, a license permitted
- under Section 4.4) or its Uniform Resource Identifier (URI) with the Database
- or Derivative Database, including both in the Database or Derivative Database
- and in any relevant documentation; and
-
- c. Keep intact any copyright or Database Right notices and notices that refer
- to this License.
-
- d. If it is not possible to put the required notices in a particular file
- due to its structure, then You must include the notices in a location (such
- as a relevant directory) where users would be likely to look for it.
-
- 4.3 Notice for using output (Contents). Creating and Using a Produced Work
- does not require the notice in Section 4.2. However, if you Publicly Use a
- Produced Work, You must include a notice associated with the Produced Work
- reasonably calculated to make any Person that uses, views, accesses, interacts
- with, or is otherwise exposed to the Produced Work aware that Content was
- obtained from the Database, Derivative Database, or the Database as part of
- a Collective Database, and that it is available under this License.
-
- a. Example notice. The following text will satisfy notice under Section 4.3:
-
- Contains information from DATABASE NAME, which is made available here under
- the Open Database License (ODbL).
-
- DATABASE NAME should be replaced with the name of the Database and a hyperlink
- to the URI of the Database. "Open Database License" should contain a hyperlink
- to the URI of the text of this License. If hyperlinks are not possible, You
- should include the plain text of the required URI's with the above notice.
-
- 4.4 Share alike.
-
- a. Any Derivative Database that You Publicly Use must be only under the terms
- of:
-
- i. This License;
-
- ii. A later version of this License similar in spirit to this License; or
-
- iii. A compatible license.
-
- If You license the Derivative Database under one of the licenses mentioned
- in (iii), You must comply with the terms of that license.
-
- b. For the avoidance of doubt, Extraction or Re-utilisation of the whole or
- a Substantial part of the Contents into a new database is a Derivative Database
- and must comply with Section 4.4.
-
- c. Derivative Databases and Produced Works. A Derivative Database is Publicly
- Used and so must comply with Section 4.4. if a Produced Work created from
- the Derivative Database is Publicly Used.
-
- d. Share Alike and additional Contents. For the avoidance of doubt, You must
- not add Contents to Derivative Databases under Section 4.4 a that are incompatible
- with the rights granted under this License.
-
- e. Compatible licenses. Licensors may authorise a proxy to determine compatible
- licenses under Section 4.4 a iii. If they do so, the authorised proxy's public
- statement of acceptance of a compatible license grants You permission to use
- the compatible license.
-
- 4.5 Limits of Share Alike. The requirements of Section 4.4 do not apply in
- the following:
-
- a. For the avoidance of doubt, You are not required to license Collective
- Databases under this License if You incorporate this Database or a Derivative
- Database in the collection, but this License still applies to this Database
- or a Derivative Database as a part of the Collective Database;
-
- b. Using this Database, a Derivative Database, or this Database as part of
- a Collective Database to create a Produced Work does not create a Derivative
- Database for purposes of Section 4.4; and
-
- c. Use of a Derivative Database internally within an organisation is not to
- the public and therefore does not fall under the requirements of Section 4.4.
-
- 4.6 Access to Derivative Databases. If You Publicly Use a Derivative Database
- or a Produced Work from a Derivative Database, You must also offer to recipients
- of the Derivative Database or Produced Work a copy in a machine readable form
- of:
-
- a. The entire Derivative Database; or
-
- b. A file containing all of the alterations made to the Database or the method
- of making the alterations to the Database (such as an algorithm), including
- any additional Contents, that make up all the differences between the Database
- and the Derivative Database.
-
- The Derivative Database (under a.) or alteration file (under b.) must be available
- at no more than a reasonable production cost for physical distributions and
- free of charge if distributed over the internet.
-
- 4.7 Technological measures and additional terms
-
- a. This License does not allow You to impose (except subject to Section 4.7
- b.) any terms or any technological measures on the Database, a Derivative
- Database, or the whole or a Substantial part of the Contents that alter or
- restrict the terms of this License, or any rights granted under it, or have
- the effect or intent of restricting the ability of any person to exercise
- those rights.
-
- b. Parallel distribution. You may impose terms or technological measures on
- the Database, a Derivative Database, or the whole or a Substantial part of
- the Contents (a "Restricted Database") in contravention of Section 4.74 a.
- only if You also make a copy of the Database or a Derivative Database available
- to the recipient of the Restricted Database:
-
- i. That is available without additional fee;
-
- ii. That is available in a medium that does not alter or restrict the terms
- of this License, or any rights granted under it, or have the effect or intent
- of restricting the ability of any person to exercise those rights (an "Unrestricted
- Database"); and
-
- iii. The Unrestricted Database is at least as accessible to the recipient
- as a practical matter as the Restricted Database.
-
- c. For the avoidance of doubt, You may place this Database or a Derivative
- Database in an authenticated environment, behind a password, or within a similar
- access control scheme provided that You do not alter or restrict the terms
- of this License or any rights granted under it or have the effect or intent
- of restricting the ability of any person to exercise those rights.
-
- 4.8 Licensing of others. You may not sublicense the Database. Each time You
- communicate the Database, the whole or Substantial part of the Contents, or
- any Derivative Database to anyone else in any way, the Licensor offers to
- the recipient a license to the Database on the same terms and conditions as
- this License. You are not responsible for enforcing compliance by third parties
- with this License, but You may enforce any rights that You have over a Derivative
- Database. You are solely responsible for any modifications of a Derivative
- Database made by You or another Person at Your direction. You may not impose
- any further restrictions on the exercise of the rights granted or affirmed
- under this License.
-
- 5.0 Moral rights
-
- 5.1 Moral rights. This section covers moral rights, including any rights to
- be identified as the author of the Database or to object to treatment that
- would otherwise prejudice the author's honour and reputation, or any other
- derogatory treatment:
-
- a. For jurisdictions allowing waiver of moral rights, Licensor waives all
- moral rights that Licensor may have in the Database to the fullest extent
- possible by the law of the relevant jurisdiction under Section 10.4;
-
- b. If waiver of moral rights under Section 5.1 a in the relevant jurisdiction
- is not possible, Licensor agrees not to assert any moral rights over the Database
- and waives all claims in moral rights to the fullest extent possible by the
- law of the relevant jurisdiction under Section 10.4; and
-
- c. For jurisdictions not allowing waiver or an agreement not to assert moral
- rights under Section 5.1 a and b, the author may retain their moral rights
- over certain aspects of the Database.
-
- Please note that some jurisdictions do not allow for the waiver of moral rights,
- and so moral rights may still subsist over the Database in some jurisdictions.
-
- 6.0 Fair dealing, Database exceptions, and other rights not affected
-
- 6.1 This License does not affect any rights that You or anyone else may independently
- have under any applicable law to make any use of this Database, including
- without limitation:
-
- a. Exceptions to the Database Right including: Extraction of Contents from
- non-electronic Databases for private purposes, Extraction for purposes of
- illustration for teaching or scientific research, and Extraction or Re-utilisation
- for public security or an administrative or judicial procedure.
-
- b. Fair dealing, fair use, or any other legally recognised limitation or exception
- to infringement of copyright or other applicable laws.
-
- 6.2 This License does not affect any rights of lawful users to Extract and
- Re-utilise insubstantial parts of the Contents, evaluated quantitatively or
- qualitatively, for any purposes whatsoever, including creating a Derivative
- Database (subject to other rights over the Contents, see Section 2.4). The
- repeated and systematic Extraction or Re-utilisation of insubstantial parts
- of the Contents may however amount to the Extraction or Re-utilisation of
- a Substantial part of the Contents.
-
- 7.0 Warranties and Disclaimer
-
- 7.1 The Database is licensed by the Licensor "as is" and without any warranty
- of any kind, either express, implied, or arising by statute, custom, course
- of dealing, or trade usage. Licensor specifically disclaims any and all implied
- warranties or conditions of title, non-infringement, accuracy or completeness,
- the presence or absence of errors, fitness for a particular purpose, merchantability,
- or otherwise. Some jurisdictions do not allow the exclusion of implied warranties,
- so this exclusion may not apply to You.
-
- 8.0 Limitation of liability
-
- 8.1 Subject to any liability that may not be excluded or limited by law, the
- Licensor is not liable for, and expressly excludes, all liability for loss
- or damage however and whenever caused to anyone by any use under this License,
- whether by You or by anyone else, and whether caused by any fault on the part
- of the Licensor or not. This exclusion of liability includes, but is not limited
- to, any special, incidental, consequential, punitive, or exemplary damages
- such as loss of revenue, data, anticipated profits, and lost business. This
- exclusion applies even if the Licensor has been advised of the possibility
- of such damages.
-
- 8.2 If liability may not be excluded by law, it is limited to actual and direct
- financial loss to the extent it is caused by proved negligence on the part
- of the Licensor.
-
- 9.0 Termination of Your rights under this License
-
- 9.1 Any breach by You of the terms and conditions of this License automatically
- terminates this License with immediate effect and without notice to You. For
- the avoidance of doubt, Persons who have received the Database, the whole
- or a Substantial part of the Contents, Derivative Databases, or the Database
- as part of a Collective Database from You under this License will not have
- their licenses terminated provided their use is in full compliance with this
- License or a license granted under Section 4.8 of this License. Sections 1,
- 2, 7, 8, 9 and 10 will survive any termination of this License.
-
- 9.2 If You are not in breach of the terms of this License, the Licensor will
- not terminate Your rights under it.
-
- 9.3 Unless terminated under Section 9.1, this License is granted to You for
- the duration of applicable rights in the Database.
-
- 9.4 Reinstatement of rights. If you cease any breach of the terms and conditions
- of this License, then your full rights under this License will be reinstated:
-
- a. Provisionally and subject to permanent termination until the 60th day after
- cessation of breach;
-
- b. Permanently on the 60th day after cessation of breach unless otherwise
- reasonably notified by the Licensor; or
-
- c. Permanently if reasonably notified by the Licensor of the violation, this
- is the first time You have received notice of violation of this License from
- the Licensor, and You cure the violation prior to 30 days after your receipt
- of the notice.
-
- Persons subject to permanent termination of rights are not eligible to be
- a recipient and receive a license under Section 4.8.
-
- 9.5 Notwithstanding the above, Licensor reserves the right to release the
- Database under different license terms or to stop distributing or making available
- the Database. Releasing the Database under different license terms or stopping
- the distribution of the Database will not withdraw this License (or any other
- license that has been, or is required to be, granted under the terms of this
- License), and this License will continue in full force and effect unless terminated
- as stated above.
-
- 10.0 General
-
- 10.1 If any provision of this License is held to be invalid or unenforceable,
- that must not affect the validity or enforceability of the remainder of the
- terms and conditions of this License and each remaining provision of this
- License shall be valid and enforced to the fullest extent permitted by law.
-
- 10.2 This License is the entire agreement between the parties with respect
- to the rights granted here over the Database. It replaces any earlier understandings,
- agreements or representations with respect to the Database.
-
- 10.3 If You are in breach of the terms of this License, You will not be entitled
- to rely on the terms of this License or to complain of any breach by the Licensor.
-
- 10.4 Choice of law. This License takes effect in and will be governed by the
- laws of the relevant jurisdiction in which the License terms are sought to
- be enforced. If the standard suite of rights granted under applicable copyright
- law and Database Rights in the relevant jurisdiction includes additional rights
- not granted under this License, these additional rights are granted in this
- License in order to meet the terms of this License.
|