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398 lines
19 KiB
398 lines
19 KiB
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ODC Attribution License (ODC-By) ###
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Preamble
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The Open Data Commons Attribution License is a license agreement intended
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to allow users to freely share, modify, and use this Database subject only
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to the attribution requirements set out in Section 4.
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Databases can contain a wide variety of types of content (images, audiovisual
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material, and sounds all in the same database, for example), and so this license
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only governs the rights over the Database, and not the contents of the Database
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individually. Licensors may therefore wish to use this license together with
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another license for the contents.
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Sometimes the contents of a database, or the database itself, can be covered
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by other rights not addressed here (such as private contracts, trademark over
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the name, or privacy rights / data protection rights over information in the
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contents), and so you are advised that you may have to consult other documents
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or clear other rights before doing activities not covered by this License.
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------
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The Licensor (as defined below)
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and
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You (as defined below)
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agree as follows:
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1.0 Definitions of Capitalised Words
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"Collective Database" - Means this Database in unmodified form as part of
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a collection of independent databases in themselves that together are assembled
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into a collective whole. A work that constitutes a Collective Database will
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not be considered a Derivative Database.
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"Convey" - As a verb, means Using the Database, a Derivative Database, or
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the Database as part of a Collective Database in any way that enables a Person
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to make or receive copies of the Database or a Derivative Database. Conveying
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does not include interaction with a user through a computer network, or creating
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and Using a Produced Work, where no transfer of a copy of the Database or
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a Derivative Database occurs.
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"Contents" - The contents of this Database, which includes the information,
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independent works, or other material collected into the Database. For example,
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the contents of the Database could be factual data or works such as images,
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audiovisual material, text, or sounds.
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"Database" - A collection of material (the Contents) arranged in a systematic
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or methodical way and individually accessible by electronic or other means
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offered under the terms of this License.
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"Database Directive" - Means Directive 96/9/EC of the European Parliament
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and of the Council of 11 March 1996 on the legal protection of databases,
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as amended or succeeded.
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"Database Right" - Means rights resulting from the Chapter III ("sui generis")
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rights in the Database Directive (as amended and as transposed by member states),
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which includes the Extraction and Re-utilisation of the whole or a Substantial
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part of the Contents, as well as any similar rights available in the relevant
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jurisdiction under Section 10.4.
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"Derivative Database" - Means a database based upon the Database, and includes
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any translation, adaptation, arrangement, modification, or any other alteration
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of the Database or of a Substantial part of the Contents. This includes, but
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is not limited to, Extracting or Re-utilising the whole or a Substantial part
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of the Contents in a new Database.
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"Extraction" - Means the permanent or temporary transfer of all or a Substantial
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part of the Contents to another medium by any means or in any form.
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"License" - Means this license agreement and is both a license of rights such
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as copyright and Database Rights and an agreement in contract.
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"Licensor" - Means the Person that offers the Database under the terms of
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this License.
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"Person" - Means a natural or legal person or a body of persons corporate
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or incorporate.
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"Produced Work" - a work (such as an image, audiovisual material, text, or
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sounds) resulting from using the whole or a Substantial part of the Contents
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(via a search or other query) from this Database, a Derivative Database, or
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this Database as part of a Collective Database.
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"Publicly" - means to Persons other than You or under Your control by either
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more than 50% ownership or by the power to direct their activities (such as
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contracting with an independent consultant).
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"Re-utilisation" - means any form of making available to the public all or
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a Substantial part of the Contents by the distribution of copies, by renting,
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by online or other forms of transmission.
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"Substantial" - Means substantial in terms of quantity or quality or a combination
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of both. The repeated and systematic Extraction or Re-utilisation of insubstantial
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parts of the Contents may amount to the Extraction or Re-utilisation of a
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Substantial part of the Contents.
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"Use" - As a verb, means doing any act that is restricted by copyright or
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Database Rights whether in the original medium or any other; and includes
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without limitation distributing, copying, publicly performing, publicly displaying,
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and preparing derivative works of the Database, as well as modifying the Database
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as may be technically necessary to use it in a different mode or format.
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"You" - Means a Person exercising rights under this License who has not previously
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violated the terms of this License with respect to the Database, or who has
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received express permission from the Licensor to exercise rights under this
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License despite a previous violation.
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Words in the singular include the plural and vice versa.
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2.0 What this License covers
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2.1. Legal effect of this document. This License is:
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a. A license of applicable copyright and neighbouring rights;
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b. A license of the Database Right; and
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c. An agreement in contract between You and the Licensor.
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2.2 Legal rights covered. This License covers the legal rights in the Database,
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including:
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a. Copyright. Any copyright or neighbouring rights in the Database. The copyright
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licensed includes any individual elements of the Database, but does not cover
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the copyright over the Contents independent of this Database. See Section
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2.4 for details. Copyright law varies between jurisdictions, but is likely
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to cover: the Database model or schema, which is the structure, arrangement,
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and organisation of the Database, and can also include the Database tables
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and table 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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b. Database Rights. Database Rights only extend to the Extraction and Re-utilisation
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of the whole or a Substantial part of the Contents. Database Rights can apply
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even when there is no copyright over the Database. Database Rights can also
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apply when the Contents are removed from the Database and are selected and
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arranged in a way that would not infringe any applicable copyright; and
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c. Contract. This is an agreement between You and the Licensor for access
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to the Database. In return you agree to certain conditions of use on this
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access as outlined in this License.
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2.3 Rights not covered.
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a. This License does not apply to computer programs used in the making or
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operation of the Database;
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b. This License does not cover any patents over the Contents or the Database;
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and
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c. This License does not cover any trademarks associated with the Database.
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2.4 Relationship to Contents in the Database. The individual items of the
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Contents contained in this Database may be covered by other rights, including
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copyright, patent, data protection, privacy, or personality rights, and this
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License does not cover any rights (other than Database Rights or in contract)
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in individual Contents contained in the Database. For example, if used on
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a Database of images (the Contents), this License would not apply to copyright
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over individual images, which could have their own separate licenses, or one
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single license covering all of the rights over the images.
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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 grants
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to You a worldwide, royalty-free, non-exclusive, terminable (but only under
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Section 9) license to Use the Database for the duration of any applicable
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copyright and Database Rights. These rights explicitly include commercial
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use, and do not exclude any field of endeavour. To the extent possible in
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the relevant jurisdiction, these rights may be exercised in all media and
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formats whether now known or created in the future.
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The rights granted cover, for example:
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a. Extraction and Re-utilisation of the whole or a Substantial part of the
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Contents;
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b. Creation of Derivative Databases;
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c. Creation of Collective Databases;
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d. Creation of temporary or permanent reproductions by any means and in any
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form, in whole or in part, including of any Derivative Databases or as a part
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of Collective Databases; and
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e. Distribution, communication, display, lending, making available, or performance
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to the public by any means and in any form, in whole or in part, including
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of any Derivative Database or as a part of Collective Databases.
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3.2 Compulsory license schemes. For the avoidance of doubt:
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a. Non-waivable compulsory license schemes. In those jurisdictions in which
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the right to collect royalties through any statutory or compulsory licensing
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scheme cannot be waived, the Licensor reserves the exclusive right to collect
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such royalties for any exercise by You of the rights granted under this License;
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b. Waivable compulsory license schemes. In those jurisdictions in which the
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right to collect royalties through any statutory or compulsory licensing scheme
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can be waived, the Licensor waives the exclusive right to collect such royalties
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for any exercise by You of the rights granted under this License; and,
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c. Voluntary license schemes. The Licensor waives the right to collect royalties,
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whether individually or, in the event that the Licensor is a member of a collecting
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society that administers voluntary licensing schemes, via that society, from
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any exercise by You of the rights granted under this License.
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3.3 The right to release the Database under different terms, or to stop distributing
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or making available the Database, is reserved. Note that this Database may
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be multiple-licensed, and so You may have the choice of using alternative
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licenses for this Database. Subject to Section 10.4, all other rights not
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expressly granted by Licensor are reserved.
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4.0 Conditions of Use
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4.1 The rights granted in Section 3 above are expressly made subject to Your
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complying with the following conditions of use. These are important conditions
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of this License, and if You fail to follow them, You will be in material breach
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of its terms.
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4.2 Notices. If You Publicly Convey this Database, any Derivative Database,
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or the Database as part of a Collective Database, then You must:
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a. Do so only under the terms of this License;
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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 Database or
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Derivative Database and in any relevant documentation;
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c. Keep intact any copyright or Database Right notices and notices that refer
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to this License; and
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d. If it is not possible to put the required notices in a particular file
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due to its structure, then You must include the notices in a location (such
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as a relevant directory) where users would be likely to look for it.
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4.3 Notice for using output (Contents). Creating and Using a Produced Work
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does not require the notice in Section 4.2. However, if you Publicly Use a
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Produced Work, You must include a notice associated with the Produced Work
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reasonably calculated to make any Person that uses, views, accesses, interacts
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with, or is otherwise exposed to the Produced Work aware that Content was
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obtained from the Database, Derivative Database, or the Database as part of
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a Collective Database, and that it is available under this License.
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a. Example notice. The following text will satisfy notice under Section 4.3:
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Contains information from DATABASE NAME which is made available under the
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ODC Attribution License.
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DATABASE NAME should be replaced with the name of the Database and a hyperlink
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to the location of the Database. "ODC Attribution License" should contain
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a hyperlink to the URI of the text of this License. If hyperlinks are not
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possible, You should include the plain text of the required URI's with the
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above notice.
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4.4 Licensing of others. You may not sublicense the Database. Each time You
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communicate the Database, the whole or Substantial part of the Contents, or
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any Derivative Database to anyone else in any way, the Licensor offers to
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the recipient a license to the Database on the same terms and conditions as
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this License. You are not responsible for enforcing compliance by third parties
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with this License, but You may enforce any rights that You have over a Derivative
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Database. You are solely responsible for any modifications of a Derivative
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Database made by You or another Person at Your direction. You may not impose
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any further restrictions on the exercise of the rights granted or affirmed
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under this License.
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5.0 Moral rights
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5.1 Moral rights. This section covers moral rights, including any rights to
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be identified as the author of the Database or to object to treatment that
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would otherwise prejudice the author's honour and reputation, or any other
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derogatory treatment:
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a. For jurisdictions allowing waiver of moral rights, Licensor waives all
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moral rights that Licensor may have in the Database to the fullest extent
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possible by the law of the relevant jurisdiction under Section 10.4;
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b. If waiver of moral rights under Section 5.1 a in the relevant jurisdiction
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is not possible, Licensor agrees not to assert any moral rights over the Database
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and waives all claims in moral rights to the fullest extent possible by the
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law of the relevant jurisdiction under Section 10.4; and
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c. For jurisdictions not allowing waiver or an agreement not to assert moral
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rights under Section 5.1 a and b, the author may retain their moral rights
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over certain aspects of the Database.
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Please note that some jurisdictions do not allow for the waiver of moral rights,
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and so moral rights may still subsist over the Database in some jurisdictions.
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6.0 Fair dealing, Database exceptions, and other rights not affected
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6.1 This License does not affect any rights that You or anyone else may independently
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have under any applicable law to make any use of this Database, including
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without limitation:
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a. Exceptions to the Database Right including: Extraction of Contents from
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non-electronic Databases for private purposes, Extraction for purposes of
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illustration for teaching or scientific research, and Extraction or Re-utilisation
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for public security or an administrative or judicial procedure.
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b. Fair dealing, fair use, or any other legally recognised limitation or exception
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to infringement of copyright or other applicable laws.
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6.2 This License does not affect any rights of lawful users to Extract and
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Re-utilise insubstantial parts of the Contents, evaluated quantitatively or
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qualitatively, for any purposes whatsoever, including creating a Derivative
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Database (subject to other rights over the Contents, see Section 2.4). The
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repeated and systematic Extraction or Re-utilisation of insubstantial parts
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of the Contents may however amount to the Extraction or Re-utilisation of
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a Substantial part of the Contents.
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7.0 Warranties and Disclaimer
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7.1 The Database is licensed by the Licensor "as is" and without any warranty
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of any kind, either express, implied, or arising by statute, custom, course
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of dealing, or trade usage. Licensor specifically disclaims any and all implied
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warranties or conditions of title, non-infringement, accuracy or completeness,
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the presence or absence of errors, fitness for a particular purpose, merchantability,
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or otherwise. Some jurisdictions do not allow the exclusion of implied warranties,
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so this exclusion may not apply to You.
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8.0 Limitation of liability
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8.1 Subject to any liability that may not be excluded or limited by law, the
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Licensor is not liable for, and expressly excludes, all liability for loss
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or damage however and whenever caused to anyone by any use under this License,
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whether by You or by anyone else, and whether caused by any fault on the part
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of the Licensor or not. This exclusion of liability includes, but is not limited
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to, any special, incidental, consequential, punitive, or exemplary damages
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such as loss of revenue, data, anticipated profits, and lost business. This
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exclusion applies even if the Licensor has been advised of the possibility
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of such damages.
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8.2 If liability may not be excluded by law, it is limited to actual and direct
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financial loss to the extent it is caused by proved negligence on the part
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of the Licensor.
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9.0 Termination of Your rights under this License
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9.1 Any breach by You of the terms and conditions of this License automatically
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terminates this License with immediate effect and without notice to You. For
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the avoidance of doubt, Persons who have received the Database, the whole
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or a Substantial part of the Contents, Derivative Databases, or the Database
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as part of a Collective Database from You under this License will not have
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their licenses terminated provided their use is in full compliance with this
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License or a license granted under Section 4.8 of this License. Sections 1,
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2, 7, 8, 9 and 10 will survive any termination of this License.
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9.2 If You are not in breach of the terms of this License, the Licensor will
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not terminate Your rights under it.
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9.3 Unless terminated under Section 9.1, this License is granted to You for
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the duration of applicable rights in the Database.
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9.4 Reinstatement of rights. If you cease any breach of the terms and conditions
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of this License, then your full rights under this License will be reinstated:
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a. Provisionally and subject to permanent termination until the 60th day after
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cessation of breach;
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b. Permanently on the 60th day after cessation of breach unless otherwise
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reasonably notified by the Licensor; or
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c. Permanently if reasonably notified by the Licensor of the violation, this
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is the first time You have received notice of violation of this License from
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the Licensor, and You cure the violation prior to 30 days after your receipt
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of the notice.
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9.5 Notwithstanding the above, Licensor reserves the right to release the
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Database under different license terms or to stop distributing or making available
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the Database. Releasing the Database under different license terms or stopping
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the distribution of the Database will not withdraw this License (or any other
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license that has been, or is required to be, granted under the terms of this
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License), and this License will continue in full force and effect unless terminated
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as stated above.
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10.0 General
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10.1 If any provision of this License is held to be invalid or unenforceable,
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that must not affect the validity or enforceability of the remainder of the
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terms and conditions of this License and each remaining provision of this
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License shall be valid and enforced to the fullest extent permitted by law.
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10.2 This License is the entire agreement between the parties with respect
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to the rights granted here over the Database. It replaces any earlier understandings,
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agreements or representations with respect to the Database.
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10.3 If You are in breach of the terms of this License, You will not be entitled
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to rely on the terms of this License or to complain of any breach by the Licensor.
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10.4 Choice of law. This License takes effect in and will be governed by the
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laws of the relevant jurisdiction in which the License terms are sought to
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be enforced. If the standard suite of rights granted under applicable copyright
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law and Database Rights in the relevant jurisdiction includes additional rights
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not granted under this License, these additional rights are granted in this
|
|
License in order to meet the terms of this License.
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