You can not select more than 25 topics Topics must start with a letter or number, can include dashes ('-') and can be up to 35 characters long.

500 lines
24 KiB

  1. ODC Open Database License (ODbL) Preamble
  2. The Open Database License (ODbL) is a license agreement intended to allow
  3. users to freely share, modify, and use this Database while maintaining this
  4. same freedom for others. Many databases are covered by copyright, and therefore
  5. this document licenses these rights. Some jurisdictions, mainly in the European
  6. Union, have specific rights that cover databases, and so the ODbL addresses
  7. these rights, too. Finally, the ODbL is also an agreement in contract for
  8. users of this Database to act in certain ways in return for accessing this
  9. Database.
  10. Databases can contain a wide variety of types of content (images, audiovisual
  11. material, and sounds all in the same database, for example), and so the ODbL
  12. only governs the rights over the Database, and not the contents of the Database
  13. individually. Licensors should use the ODbL together with another license
  14. for the contents, if the contents have a single set of rights that uniformly
  15. covers all of the contents. If the contents have multiple sets of different
  16. rights, Licensors should describe what rights govern what contents together
  17. in the individual record or in some other way that clarifies what rights apply.
  18. Sometimes the contents of a database, or the database itself, can be covered
  19. by other rights not addressed here (such as private contracts, trade mark
  20. over the name, or privacy rights / data protection rights over information
  21. in the contents), and so you are advised that you may have to consult other
  22. documents or clear other rights before doing activities not covered by this
  23. License.
  24. ------
  25. The Licensor (as defined below)
  26. and
  27. You (as defined below)
  28. agree as follows:
  29. 1.0 Definitions of Capitalised Words
  30. "Collective Database" - Means this Database in unmodified form as part of
  31. a collection of independent databases in themselves that together are assembled
  32. into a collective whole. A work that constitutes a Collective Database will
  33. not be considered a Derivative Database.
  34. "Convey" - As a verb, means Using the Database, a Derivative Database, or
  35. the Database as part of a Collective Database in any way that enables a Person
  36. to make or receive copies of the Database or a Derivative Database. Conveying
  37. does not include interaction with a user through a computer network, or creating
  38. and Using a Produced Work, where no transfer of a copy of the Database or
  39. a Derivative Database occurs.
  40. "Contents" - The contents of this Database, which includes the information,
  41. independent works, or other material collected into the Database. For example,
  42. the contents of the Database could be factual data or works such as images,
  43. audiovisual material, text, or sounds.
  44. "Database" - A collection of material (the Contents) arranged in a systematic
  45. or methodical way and individually accessible by electronic or other means
  46. offered under the terms of this License.
  47. "Database Directive" - Means Directive 96/9/EC of the European Parliament
  48. and of the Council of 11 March 1996 on the legal protection of databases,
  49. as amended or succeeded.
  50. "Database Right" - Means rights resulting from the Chapter III ("sui generis")
  51. rights in the Database Directive (as amended and as transposed by member states),
  52. which includes the Extraction and Re-utilisation of the whole or a Substantial
  53. part of the Contents, as well as any similar rights available in the relevant
  54. jurisdiction under Section 10.4.
  55. "Derivative Database" - Means a database based upon the Database, and includes
  56. any translation, adaptation, arrangement, modification, or any other alteration
  57. of the Database or of a Substantial part of the Contents. This includes, but
  58. is not limited to, Extracting or Re-utilising the whole or a Substantial part
  59. of the Contents in a new Database.
  60. "Extraction" - Means the permanent or temporary transfer of all or a Substantial
  61. part of the Contents to another medium by any means or in any form.
  62. "License" - Means this license agreement and is both a license of rights such
  63. as copyright and Database Rights and an agreement in contract.
  64. "Licensor" - Means the Person that offers the Database under the terms of
  65. this License.
  66. "Person" - Means a natural or legal person or a body of persons corporate
  67. or incorporate.
  68. "Produced Work" - a work (such as an image, audiovisual material, text, or
  69. sounds) resulting from using the whole or a Substantial part of the Contents
  70. (via a search or other query) from this Database, a Derivative Database, or
  71. this Database as part of a Collective Database.
  72. "Publicly" - means to Persons other than You or under Your control by either
  73. more than 50% ownership or by the power to direct their activities (such as
  74. contracting with an independent consultant).
  75. "Re-utilisation" - means any form of making available to the public all or
  76. a Substantial part of the Contents by the distribution of copies, by renting,
  77. by online or other forms of transmission.
  78. "Substantial" - Means substantial in terms of quantity or quality or a combination
  79. of both. The repeated and systematic Extraction or Re-utilisation of insubstantial
  80. parts of the Contents may amount to the Extraction or Re-utilisation of a
  81. Substantial part of the Contents.
  82. "Use" - As a verb, means doing any act that is restricted by copyright or
  83. Database Rights whether in the original medium or any other; and includes
  84. without limitation distributing, copying, publicly performing, publicly displaying,
  85. and preparing derivative works of the Database, as well as modifying the Database
  86. as may be technically necessary to use it in a different mode or format.
  87. "You" - Means a Person exercising rights under this License who has not previously
  88. violated the terms of this License with respect to the Database, or who has
  89. received express permission from the Licensor to exercise rights under this
  90. License despite a previous violation.
  91. Words in the singular include the plural and vice versa.
  92. 2.0 What this License covers
  93. 2.1. Legal effect of this document. This License is:
  94. a. A license of applicable copyright and neighbouring rights;
  95. b. A license of the Database Right; and
  96. c. An agreement in contract between You and the Licensor.
  97. 2.2 Legal rights covered. This License covers the legal rights in the Database,
  98. including:
  99. a. Copyright. Any copyright or neighbouring rights in the Database. The copyright
  100. licensed includes any individual elements of the Database, but does not cover
  101. the copyright over the Contents independent of this Database. See Section
  102. 2.4 for details. Copyright law varies between jurisdictions, but is likely
  103. to cover: the Database model or schema, which is the structure, arrangement,
  104. and organisation of the Database, and can also include the Database tables
  105. and table indexes; the data entry and output sheets; and the Field names of
  106. Contents stored in the Database;
  107. b. Database Rights. Database Rights only extend to the Extraction and Re-utilisation
  108. of the whole or a Substantial part of the Contents. Database Rights can apply
  109. even when there is no copyright over the Database. Database Rights can also
  110. apply when the Contents are removed from the Database and are selected and
  111. arranged in a way that would not infringe any applicable copyright; and
  112. c. Contract. This is an agreement between You and the Licensor for access
  113. to the Database. In return you agree to certain conditions of use on this
  114. access as outlined in this License.
  115. 2.3 Rights not covered.
  116. a. This License does not apply to computer programs used in the making or
  117. operation of the Database;
  118. b. This License does not cover any patents over the Contents or the Database;
  119. and
  120. c. This License does not cover any trademarks associated with the Database.
  121. 2.4 Relationship to Contents in the Database. The individual items of the
  122. Contents contained in this Database may be covered by other rights, including
  123. copyright, patent, data protection, privacy, or personality rights, and this
  124. License does not cover any rights (other than Database Rights or in contract)
  125. in individual Contents contained in the Database. For example, if used on
  126. a Database of images (the Contents), this License would not apply to copyright
  127. over individual images, which could have their own separate licenses, or one
  128. single license covering all of the rights over the images.
  129. 3.0 Rights granted
  130. 3.1 Subject to the terms and conditions of this License, the Licensor grants
  131. to You a worldwide, royalty-free, non-exclusive, terminable (but only under
  132. Section 9) license to Use the Database for the duration of any applicable
  133. copyright and Database Rights. These rights explicitly include commercial
  134. use, and do not exclude any field of endeavour. To the extent possible in
  135. the relevant jurisdiction, these rights may be exercised in all media and
  136. formats whether now known or created in the future.
  137. The rights granted cover, for example:
  138. a. Extraction and Re-utilisation of the whole or a Substantial part of the
  139. Contents;
  140. b. Creation of Derivative Databases;
  141. c. Creation of Collective Databases;
  142. d. Creation of temporary or permanent reproductions by any means and in any
  143. form, in whole or in part, including of any Derivative Databases or as a part
  144. of Collective Databases; and
  145. e. Distribution, communication, display, lending, making available, or performance
  146. to the public by any means and in any form, in whole or in part, including
  147. of any Derivative Database or as a part of Collective Databases.
  148. 3.2 Compulsory license schemes. For the avoidance of doubt:
  149. a. Non-waivable compulsory license schemes. In those jurisdictions in which
  150. the right to collect royalties through any statutory or compulsory licensing
  151. scheme cannot be waived, the Licensor reserves the exclusive right to collect
  152. such royalties for any exercise by You of the rights granted under this License;
  153. b. Waivable compulsory license schemes. In those jurisdictions in which the
  154. right to collect royalties through any statutory or compulsory licensing scheme
  155. can be waived, the Licensor waives the exclusive right to collect such royalties
  156. for any exercise by You of the rights granted under this License; and,
  157. c. Voluntary license schemes. The Licensor waives the right to collect royalties,
  158. whether individually or, in the event that the Licensor is a member of a collecting
  159. society that administers voluntary licensing schemes, via that society, from
  160. any exercise by You of the rights granted under this License.
  161. 3.3 The right to release the Database under different terms, or to stop distributing
  162. or making available the Database, is reserved. Note that this Database may
  163. be multiple-licensed, and so You may have the choice of using alternative
  164. licenses for this Database. Subject to Section 10.4, all other rights not
  165. expressly granted by Licensor are reserved.
  166. 4.0 Conditions of Use
  167. 4.1 The rights granted in Section 3 above are expressly made subject to Your
  168. complying with the following conditions of use. These are important conditions
  169. of this License, and if You fail to follow them, You will be in material breach
  170. of its terms.
  171. 4.2 Notices. If You Publicly Convey this Database, any Derivative Database,
  172. or the Database as part of a Collective Database, then You must:
  173. a. Do so only under the terms of this License or another license permitted
  174. under Section 4.4;
  175. b. Include a copy of this License (or, as applicable, a license permitted
  176. under Section 4.4) or its Uniform Resource Identifier (URI) with the Database
  177. or Derivative Database, including both in the Database or Derivative Database
  178. and in any relevant documentation; and
  179. c. Keep intact any copyright or Database Right notices and notices that refer
  180. to this License.
  181. d. If it is not possible to put the required notices in a particular file
  182. due to its structure, then You must include the notices in a location (such
  183. as a relevant directory) where users would be likely to look for it.
  184. 4.3 Notice for using output (Contents). Creating and Using a Produced Work
  185. does not require the notice in Section 4.2. However, if you Publicly Use a
  186. Produced Work, You must include a notice associated with the Produced Work
  187. reasonably calculated to make any Person that uses, views, accesses, interacts
  188. with, or is otherwise exposed to the Produced Work aware that Content was
  189. obtained from the Database, Derivative Database, or the Database as part of
  190. a Collective Database, and that it is available under this License.
  191. a. Example notice. The following text will satisfy notice under Section 4.3:
  192. Contains information from DATABASE NAME, which is made available here under
  193. the Open Database License (ODbL).
  194. DATABASE NAME should be replaced with the name of the Database and a hyperlink
  195. to the URI of the Database. "Open Database License" should contain a hyperlink
  196. to the URI of the text of this License. If hyperlinks are not possible, You
  197. should include the plain text of the required URI's with the above notice.
  198. 4.4 Share alike.
  199. a. Any Derivative Database that You Publicly Use must be only under the terms
  200. of:
  201. i. This License;
  202. ii. A later version of this License similar in spirit to this License; or
  203. iii. A compatible license.
  204. If You license the Derivative Database under one of the licenses mentioned
  205. in (iii), You must comply with the terms of that license.
  206. b. For the avoidance of doubt, Extraction or Re-utilisation of the whole or
  207. a Substantial part of the Contents into a new database is a Derivative Database
  208. and must comply with Section 4.4.
  209. c. Derivative Databases and Produced Works. A Derivative Database is Publicly
  210. Used and so must comply with Section 4.4. if a Produced Work created from
  211. the Derivative Database is Publicly Used.
  212. d. Share Alike and additional Contents. For the avoidance of doubt, You must
  213. not add Contents to Derivative Databases under Section 4.4 a that are incompatible
  214. with the rights granted under this License.
  215. e. Compatible licenses. Licensors may authorise a proxy to determine compatible
  216. licenses under Section 4.4 a iii. If they do so, the authorised proxy's public
  217. statement of acceptance of a compatible license grants You permission to use
  218. the compatible license.
  219. 4.5 Limits of Share Alike. The requirements of Section 4.4 do not apply in
  220. the following:
  221. a. For the avoidance of doubt, You are not required to license Collective
  222. Databases under this License if You incorporate this Database or a Derivative
  223. Database in the collection, but this License still applies to this Database
  224. or a Derivative Database as a part of the Collective Database;
  225. b. Using this Database, a Derivative Database, or this Database as part of
  226. a Collective Database to create a Produced Work does not create a Derivative
  227. Database for purposes of Section 4.4; and
  228. c. Use of a Derivative Database internally within an organisation is not to
  229. the public and therefore does not fall under the requirements of Section 4.4.
  230. 4.6 Access to Derivative Databases. If You Publicly Use a Derivative Database
  231. or a Produced Work from a Derivative Database, You must also offer to recipients
  232. of the Derivative Database or Produced Work a copy in a machine readable form
  233. of:
  234. a. The entire Derivative Database; or
  235. b. A file containing all of the alterations made to the Database or the method
  236. of making the alterations to the Database (such as an algorithm), including
  237. any additional Contents, that make up all the differences between the Database
  238. and the Derivative Database.
  239. The Derivative Database (under a.) or alteration file (under b.) must be available
  240. at no more than a reasonable production cost for physical distributions and
  241. free of charge if distributed over the internet.
  242. 4.7 Technological measures and additional terms
  243. a. This License does not allow You to impose (except subject to Section 4.7
  244. b.) any terms or any technological measures on the Database, a Derivative
  245. Database, or the whole or a Substantial part of the Contents that alter or
  246. restrict the terms of this License, or any rights granted under it, or have
  247. the effect or intent of restricting the ability of any person to exercise
  248. those rights.
  249. b. Parallel distribution. You may impose terms or technological measures on
  250. the Database, a Derivative Database, or the whole or a Substantial part of
  251. the Contents (a "Restricted Database") in contravention of Section 4.74 a.
  252. only if You also make a copy of the Database or a Derivative Database available
  253. to the recipient of the Restricted Database:
  254. i. That is available without additional fee;
  255. ii. That is available in a medium that does not alter or restrict the terms
  256. of this License, or any rights granted under it, or have the effect or intent
  257. of restricting the ability of any person to exercise those rights (an "Unrestricted
  258. Database"); and
  259. iii. The Unrestricted Database is at least as accessible to the recipient
  260. as a practical matter as the Restricted Database.
  261. c. For the avoidance of doubt, You may place this Database or a Derivative
  262. Database in an authenticated environment, behind a password, or within a similar
  263. access control scheme provided that You do not alter or restrict the terms
  264. of this License or any rights granted under it or have the effect or intent
  265. of restricting the ability of any person to exercise those rights.
  266. 4.8 Licensing of others. You may not sublicense the Database. Each time You
  267. communicate the Database, the whole or Substantial part of the Contents, or
  268. any Derivative Database to anyone else in any way, the Licensor offers to
  269. the recipient a license to the Database on the same terms and conditions as
  270. this License. You are not responsible for enforcing compliance by third parties
  271. with this License, but You may enforce any rights that You have over a Derivative
  272. Database. You are solely responsible for any modifications of a Derivative
  273. Database made by You or another Person at Your direction. You may not impose
  274. any further restrictions on the exercise of the rights granted or affirmed
  275. under this License.
  276. 5.0 Moral rights
  277. 5.1 Moral rights. This section covers moral rights, including any rights to
  278. be identified as the author of the Database or to object to treatment that
  279. would otherwise prejudice the author's honour and reputation, or any other
  280. derogatory treatment:
  281. a. For jurisdictions allowing waiver of moral rights, Licensor waives all
  282. moral rights that Licensor may have in the Database to the fullest extent
  283. possible by the law of the relevant jurisdiction under Section 10.4;
  284. b. If waiver of moral rights under Section 5.1 a in the relevant jurisdiction
  285. is not possible, Licensor agrees not to assert any moral rights over the Database
  286. and waives all claims in moral rights to the fullest extent possible by the
  287. law of the relevant jurisdiction under Section 10.4; and
  288. c. For jurisdictions not allowing waiver or an agreement not to assert moral
  289. rights under Section 5.1 a and b, the author may retain their moral rights
  290. over certain aspects of the Database.
  291. Please note that some jurisdictions do not allow for the waiver of moral rights,
  292. and so moral rights may still subsist over the Database in some jurisdictions.
  293. 6.0 Fair dealing, Database exceptions, and other rights not affected
  294. 6.1 This License does not affect any rights that You or anyone else may independently
  295. have under any applicable law to make any use of this Database, including
  296. without limitation:
  297. a. Exceptions to the Database Right including: Extraction of Contents from
  298. non-electronic Databases for private purposes, Extraction for purposes of
  299. illustration for teaching or scientific research, and Extraction or Re-utilisation
  300. for public security or an administrative or judicial procedure.
  301. b. Fair dealing, fair use, or any other legally recognised limitation or exception
  302. to infringement of copyright or other applicable laws.
  303. 6.2 This License does not affect any rights of lawful users to Extract and
  304. Re-utilise insubstantial parts of the Contents, evaluated quantitatively or
  305. qualitatively, for any purposes whatsoever, including creating a Derivative
  306. Database (subject to other rights over the Contents, see Section 2.4). The
  307. repeated and systematic Extraction or Re-utilisation of insubstantial parts
  308. of the Contents may however amount to the Extraction or Re-utilisation of
  309. a Substantial part of the Contents.
  310. 7.0 Warranties and Disclaimer
  311. 7.1 The Database is licensed by the Licensor "as is" and without any warranty
  312. of any kind, either express, implied, or arising by statute, custom, course
  313. of dealing, or trade usage. Licensor specifically disclaims any and all implied
  314. warranties or conditions of title, non-infringement, accuracy or completeness,
  315. the presence or absence of errors, fitness for a particular purpose, merchantability,
  316. or otherwise. Some jurisdictions do not allow the exclusion of implied warranties,
  317. so this exclusion may not apply to You.
  318. 8.0 Limitation of liability
  319. 8.1 Subject to any liability that may not be excluded or limited by law, the
  320. Licensor is not liable for, and expressly excludes, all liability for loss
  321. or damage however and whenever caused to anyone by any use under this License,
  322. whether by You or by anyone else, and whether caused by any fault on the part
  323. of the Licensor or not. This exclusion of liability includes, but is not limited
  324. to, any special, incidental, consequential, punitive, or exemplary damages
  325. such as loss of revenue, data, anticipated profits, and lost business. This
  326. exclusion applies even if the Licensor has been advised of the possibility
  327. of such damages.
  328. 8.2 If liability may not be excluded by law, it is limited to actual and direct
  329. financial loss to the extent it is caused by proved negligence on the part
  330. of the Licensor.
  331. 9.0 Termination of Your rights under this License
  332. 9.1 Any breach by You of the terms and conditions of this License automatically
  333. terminates this License with immediate effect and without notice to You. For
  334. the avoidance of doubt, Persons who have received the Database, the whole
  335. or a Substantial part of the Contents, Derivative Databases, or the Database
  336. as part of a Collective Database from You under this License will not have
  337. their licenses terminated provided their use is in full compliance with this
  338. License or a license granted under Section 4.8 of this License. Sections 1,
  339. 2, 7, 8, 9 and 10 will survive any termination of this License.
  340. 9.2 If You are not in breach of the terms of this License, the Licensor will
  341. not terminate Your rights under it.
  342. 9.3 Unless terminated under Section 9.1, this License is granted to You for
  343. the duration of applicable rights in the Database.
  344. 9.4 Reinstatement of rights. If you cease any breach of the terms and conditions
  345. of this License, then your full rights under this License will be reinstated:
  346. a. Provisionally and subject to permanent termination until the 60th day after
  347. cessation of breach;
  348. b. Permanently on the 60th day after cessation of breach unless otherwise
  349. reasonably notified by the Licensor; or
  350. c. Permanently if reasonably notified by the Licensor of the violation, this
  351. is the first time You have received notice of violation of this License from
  352. the Licensor, and You cure the violation prior to 30 days after your receipt
  353. of the notice.
  354. Persons subject to permanent termination of rights are not eligible to be
  355. a recipient and receive a license under Section 4.8.
  356. 9.5 Notwithstanding the above, Licensor reserves the right to release the
  357. Database under different license terms or to stop distributing or making available
  358. the Database. Releasing the Database under different license terms or stopping
  359. the distribution of the Database will not withdraw this License (or any other
  360. license that has been, or is required to be, granted under the terms of this
  361. License), and this License will continue in full force and effect unless terminated
  362. as stated above.
  363. 10.0 General
  364. 10.1 If any provision of this License is held to be invalid or unenforceable,
  365. that must not affect the validity or enforceability of the remainder of the
  366. terms and conditions of this License and each remaining provision of this
  367. License shall be valid and enforced to the fullest extent permitted by law.
  368. 10.2 This License is the entire agreement between the parties with respect
  369. to the rights granted here over the Database. It replaces any earlier understandings,
  370. agreements or representations with respect to the Database.
  371. 10.3 If You are in breach of the terms of this License, You will not be entitled
  372. to rely on the terms of this License or to complain of any breach by the Licensor.
  373. 10.4 Choice of law. This License takes effect in and will be governed by the
  374. laws of the relevant jurisdiction in which the License terms are sought to
  375. be enforced. If the standard suite of rights granted under applicable copyright
  376. law and Database Rights in the relevant jurisdiction includes additional rights
  377. not granted under this License, these additional rights are granted in this
  378. License in order to meet the terms of this License.