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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.
+
