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1 | |||
2 | ## ODC Open Database License (ODbL) | ||
3 | |||
4 | ### Preamble | ||
5 | |||
6 | The Open Database License (ODbL) is a license agreement intended to | ||
7 | allow users to freely share, modify, and use this Database while | ||
8 | maintaining this same freedom for others. Many databases are covered by | ||
9 | copyright, and therefore this document licenses these rights. Some | ||
10 | jurisdictions, mainly in the European Union, have specific rights that | ||
11 | cover databases, and so the ODbL addresses these rights, too. Finally, | ||
12 | the ODbL is also an agreement in contract for users of this Database to | ||
13 | act in certain ways in return for accessing this Database. | ||
14 | |||
15 | Databases can contain a wide variety of types of content (images, | ||
16 | audiovisual material, and sounds all in the same database, for example), | ||
17 | and so the ODbL only governs the rights over the Database, and not the | ||
18 | contents of the Database individually. Licensors should use the ODbL | ||
19 | together with another license for the contents, if the contents have a | ||
20 | single set of rights that uniformly covers all of the contents. If the | ||
21 | contents have multiple sets of different rights, Licensors should | ||
22 | describe what rights govern what contents together in the individual | ||
23 | record or in some other way that clarifies what rights apply. | ||
24 | |||
25 | Sometimes the contents of a database, or the database itself, can be | ||
26 | covered by other rights not addressed here (such as private contracts, | ||
27 | trade mark over the name, or privacy rights / data protection rights | ||
28 | over information in the contents), and so you are advised that you may | ||
29 | have to consult other documents or clear other rights before doing | ||
30 | activities not covered by this License. | ||
31 | |||
32 | ------ | ||
33 | |||
34 | The Licensor (as defined below) | ||
35 | |||
36 | and | ||
37 | |||
38 | You (as defined below) | ||
39 | |||
40 | agree as follows: | ||
41 | |||
42 | ### 1.0 Definitions of Capitalised Words | ||
43 | |||
44 | "Collective Database" – Means this Database in unmodified form as part | ||
45 | of a collection of independent databases in themselves that together are | ||
46 | assembled into a collective whole. A work that constitutes a Collective | ||
47 | Database will not be considered a Derivative Database. | ||
48 | |||
49 | "Convey" – As a verb, means Using the Database, a Derivative Database, | ||
50 | or the Database as part of a Collective Database in any way that enables | ||
51 | a Person to make or receive copies of the Database or a Derivative | ||
52 | Database. Conveying does not include interaction with a user through a | ||
53 | computer network, or creating and Using a Produced Work, where no | ||
54 | transfer of a copy of the Database or a Derivative Database occurs. | ||
55 | "Contents" – The contents of this Database, which includes the | ||
56 | information, independent works, or other material collected into the | ||
57 | Database. For example, the contents of the Database could be factual | ||
58 | data or works such as images, audiovisual material, text, or sounds. | ||
59 | |||
60 | "Database" – A collection of material (the Contents) arranged in a | ||
61 | systematic or methodical way and individually accessible by electronic | ||
62 | or other means offered under the terms of this License. | ||
63 | |||
64 | "Database Directive" – Means Directive 96/9/EC of the European | ||
65 | Parliament and of the Council of 11 March 1996 on the legal protection | ||
66 | of databases, as amended or succeeded. | ||
67 | |||
68 | "Database Right" – Means rights resulting from the Chapter III ("sui | ||
69 | generis") rights in the Database Directive (as amended and as transposed | ||
70 | by member states), which includes the Extraction and Re-utilisation of | ||
71 | the whole or a Substantial part of the Contents, as well as any similar | ||
72 | rights available in the relevant jurisdiction under Section 10.4. | ||
73 | |||
74 | "Derivative Database" – Means a database based upon the Database, and | ||
75 | includes any translation, adaptation, arrangement, modification, or any | ||
76 | other alteration of the Database or of a Substantial part of the | ||
77 | Contents. This includes, but is not limited to, Extracting or | ||
78 | Re-utilising the whole or a Substantial part of the Contents in a new | ||
79 | Database. | ||
80 | |||
81 | "Extraction" – Means the permanent or temporary transfer of all or a | ||
82 | Substantial part of the Contents to another medium by any means or in | ||
83 | any form. | ||
84 | |||
85 | "License" – Means this license agreement and is both a license of rights | ||
86 | such as copyright and Database Rights and an agreement in contract. | ||
87 | |||
88 | "Licensor" – Means the Person that offers the Database under the terms | ||
89 | of this License. | ||
90 | |||
91 | "Person" – Means a natural or legal person or a body of persons | ||
92 | corporate or incorporate. | ||
93 | |||
94 | "Produced Work" – a work (such as an image, audiovisual material, text, | ||
95 | or sounds) resulting from using the whole or a Substantial part of the | ||
96 | Contents (via a search or other query) from this Database, a Derivative | ||
97 | Database, or this Database as part of a Collective Database. | ||
98 | |||
99 | "Publicly" – means to Persons other than You or under Your control by | ||
100 | either more than 50% ownership or by the power to direct their | ||
101 | activities (such as contracting with an independent consultant). | ||
102 | |||
103 | "Re-utilisation" – means any form of making available to the public all | ||
104 | or a Substantial part of the Contents by the distribution of copies, by | ||
105 | renting, by online or other forms of transmission. | ||
106 | |||
107 | "Substantial" – Means substantial in terms of quantity or quality or a | ||
108 | combination of both. The repeated and systematic Extraction or | ||
109 | Re-utilisation of insubstantial parts of the Contents may amount to the | ||
110 | Extraction or Re-utilisation of a Substantial part of the Contents. | ||
111 | |||
112 | "Use" – As a verb, means doing any act that is restricted by copyright | ||
113 | or Database Rights whether in the original medium or any other; and | ||
114 | includes without limitation distributing, copying, publicly performing, | ||
115 | publicly displaying, and preparing derivative works of the Database, as | ||
116 | well as modifying the Database as may be technically necessary to use it | ||
117 | in a different mode or format. | ||
118 | |||
119 | "You" – Means a Person exercising rights under this License who has not | ||
120 | previously violated the terms of this License with respect to the | ||
121 | Database, or who has received express permission from the Licensor to | ||
122 | exercise rights under this License despite a previous violation. | ||
123 | |||
124 | Words in the singular include the plural and vice versa. | ||
125 | |||
126 | ### 2.0 What this License covers | ||
127 | |||
128 | 2.1. Legal effect of this document. This License is: | ||
129 | |||
130 | a. A license of applicable copyright and neighbouring rights; | ||
131 | |||
132 | b. A license of the Database Right; and | ||
133 | |||
134 | c. An agreement in contract between You and the Licensor. | ||
135 | |||
136 | 2.2 Legal rights covered. This License covers the legal rights in the | ||
137 | Database, including: | ||
138 | |||
139 | a. Copyright. Any copyright or neighbouring rights in the Database. | ||
140 | The copyright licensed includes any individual elements of the | ||
141 | Database, but does not cover the copyright over the Contents | ||
142 | independent of this Database. See Section 2.4 for details. Copyright | ||
143 | law varies between jurisdictions, but is likely to cover: the Database | ||
144 | model or schema, which is the structure, arrangement, and organisation | ||
145 | of the Database, and can also include the Database tables and table | ||
146 | indexes; the data entry and output sheets; and the Field names of | ||
147 | Contents stored in the Database; | ||
148 | |||
149 | b. Database Rights. Database Rights only extend to the Extraction and | ||
150 | Re-utilisation of the whole or a Substantial part of the Contents. | ||
151 | Database Rights can apply even when there is no copyright over the | ||
152 | Database. Database Rights can also apply when the Contents are removed | ||
153 | from the Database and are selected and arranged in a way that would | ||
154 | not infringe any applicable copyright; and | ||
155 | |||
156 | c. Contract. This is an agreement between You and the Licensor for | ||
157 | access to the Database. In return you agree to certain conditions of | ||
158 | use on this access as outlined in this License. | ||
159 | |||
160 | 2.3 Rights not covered. | ||
161 | |||
162 | a. This License does not apply to computer programs used in the making | ||
163 | or operation of the Database; | ||
164 | |||
165 | b. This License does not cover any patents over the Contents or the | ||
166 | Database; and | ||
167 | |||
168 | c. This License does not cover any trademarks associated with the | ||
169 | Database. | ||
170 | |||
171 | 2.4 Relationship to Contents in the Database. The individual items of | ||
172 | the Contents contained in this Database may be covered by other rights, | ||
173 | including copyright, patent, data protection, privacy, or personality | ||
174 | rights, and this License does not cover any rights (other than Database | ||
175 | Rights or in contract) in individual Contents contained in the Database. | ||
176 | For example, if used on a Database of images (the Contents), this | ||
177 | License would not apply to copyright over individual images, which could | ||
178 | have their own separate licenses, or one single license covering all of | ||
179 | the rights over the images. | ||
180 | |||
181 | ### 3.0 Rights granted | ||
182 | |||
183 | 3.1 Subject to the terms and conditions of this License, the Licensor | ||
184 | grants to You a worldwide, royalty-free, non-exclusive, terminable (but | ||
185 | only under Section 9) license to Use the Database for the duration of | ||
186 | any applicable copyright and Database Rights. These rights explicitly | ||
187 | include commercial use, and do not exclude any field of endeavour. To | ||
188 | the extent possible in the relevant jurisdiction, these rights may be | ||
189 | exercised in all media and formats whether now known or created in the | ||
190 | future. | ||
191 | |||
192 | The rights granted cover, for example: | ||
193 | |||
194 | a. Extraction and Re-utilisation of the whole or a Substantial part of | ||
195 | the Contents; | ||
196 | |||
197 | b. Creation of Derivative Databases; | ||
198 | |||
199 | c. Creation of Collective Databases; | ||
200 | |||
201 | d. Creation of temporary or permanent reproductions by any means and | ||
202 | in any form, in whole or in part, including of any Derivative | ||
203 | Databases or as a part of Collective Databases; and | ||
204 | |||
205 | e. Distribution, communication, display, lending, making available, or | ||
206 | performance to the public by any means and in any form, in whole or in | ||
207 | part, including of any Derivative Database or as a part of Collective | ||
208 | Databases. | ||
209 | |||
210 | 3.2 Compulsory license schemes. For the avoidance of doubt: | ||
211 | |||
212 | a. Non-waivable compulsory license schemes. In those jurisdictions in | ||
213 | which the right to collect royalties through any statutory or | ||
214 | compulsory licensing scheme cannot be waived, the Licensor reserves | ||
215 | the exclusive right to collect such royalties for any exercise by You | ||
216 | of the rights granted under this License; | ||
217 | |||
218 | b. Waivable compulsory license schemes. In those jurisdictions in | ||
219 | which the right to collect royalties through any statutory or | ||
220 | compulsory licensing scheme can be waived, the Licensor waives the | ||
221 | exclusive right to collect such royalties for any exercise by You of | ||
222 | the rights granted under this License; and, | ||
223 | |||
224 | c. Voluntary license schemes. The Licensor waives the right to collect | ||
225 | royalties, whether individually or, in the event that the Licensor is | ||
226 | a member of a collecting society that administers voluntary licensing | ||
227 | schemes, via that society, from any exercise by You of the rights | ||
228 | granted under this License. | ||
229 | |||
230 | 3.3 The right to release the Database under different terms, or to stop | ||
231 | distributing or making available the Database, is reserved. Note that | ||
232 | this Database may be multiple-licensed, and so You may have the choice | ||
233 | of using alternative licenses for this Database. Subject to Section | ||
234 | 10.4, all other rights not expressly granted by Licensor are reserved. | ||
235 | |||
236 | ### 4.0 Conditions of Use | ||
237 | |||
238 | 4.1 The rights granted in Section 3 above are expressly made subject to | ||
239 | Your complying with the following conditions of use. These are important | ||
240 | conditions of this License, and if You fail to follow them, You will be | ||
241 | in material breach of its terms. | ||
242 | |||
243 | 4.2 Notices. If You Publicly Convey this Database, any Derivative | ||
244 | Database, or the Database as part of a Collective Database, then You | ||
245 | must: | ||
246 | |||
247 | a. Do so only under the terms of this License or another license | ||
248 | permitted under Section 4.4; | ||
249 | |||
250 | b. Include a copy of this License (or, as applicable, a license | ||
251 | permitted under Section 4.4) or its Uniform Resource Identifier (URI) | ||
252 | with the Database or Derivative Database, including both in the | ||
253 | Database or Derivative Database and in any relevant documentation; and | ||
254 | |||
255 | c. Keep intact any copyright or Database Right notices and notices | ||
256 | that refer to this License. | ||
257 | |||
258 | d. If it is not possible to put the required notices in a particular | ||
259 | file due to its structure, then You must include the notices in a | ||
260 | location (such as a relevant directory) where users would be likely to | ||
261 | look for it. | ||
262 | |||
263 | 4.3 Notice for using output (Contents). Creating and Using a Produced | ||
264 | Work does not require the notice in Section 4.2. However, if you | ||
265 | Publicly Use a Produced Work, You must include a notice associated with | ||
266 | the Produced Work reasonably calculated to make any Person that uses, | ||
267 | views, accesses, interacts with, or is otherwise exposed to the Produced | ||
268 | Work aware that Content was obtained from the Database, Derivative | ||
269 | Database, or the Database as part of a Collective Database, and that it | ||
270 | is available under this License. | ||
271 | |||
272 | a. Example notice. The following text will satisfy notice under | ||
273 | Section 4.3: | ||
274 | |||
275 | Contains information from DATABASE NAME, which is made available | ||
276 | here under the Open Database License (ODbL). | ||
277 | |||
278 | DATABASE NAME should be replaced with the name of the Database and a | ||
279 | hyperlink to the URI of the Database. "Open Database License" should | ||
280 | contain a hyperlink to the URI of the text of this License. If | ||
281 | hyperlinks are not possible, You should include the plain text of the | ||
282 | required URI`s with the above notice. | ||
283 | |||
284 | 4.4 Share alike. | ||
285 | |||
286 | a. Any Derivative Database that You Publicly Use must be only under | ||
287 | the terms of: | ||
288 | |||
289 | i. This License; | ||
290 | |||
291 | ii. A later version of this License similar in spirit to this | ||
292 | License; or | ||
293 | |||
294 | iii. A compatible license. | ||
295 | |||
296 | If You license the Derivative Database under one of the licenses | ||
297 | mentioned in (iii), You must comply with the terms of that license. | ||
298 | |||
299 | b. For the avoidance of doubt, Extraction or Re-utilisation of the | ||
300 | whole or a Substantial part of the Contents into a new database is a | ||
301 | Derivative Database and must comply with Section 4.4. | ||
302 | |||
303 | c. Derivative Databases and Produced Works. A Derivative Database is | ||
304 | Publicly Used and so must comply with Section 4.4. if a Produced Work | ||
305 | created from the Derivative Database is Publicly Used. | ||
306 | |||
307 | d. Share Alike and additional Contents. For the avoidance of doubt, | ||
308 | You must not add Contents to Derivative Databases under Section 4.4 a | ||
309 | that are incompatible with the rights granted under this License. | ||
310 | |||
311 | e. Compatible licenses. Licensors may authorise a proxy to determine | ||
312 | compatible licenses under Section 4.4 a iii. If they do so, the | ||
313 | authorised proxy`s public statement of acceptance of a compatible | ||
314 | license grants You permission to use the compatible license. | ||
315 | |||
316 | |||
317 | 4.5 Limits of Share Alike. The requirements of Section 4.4 do not apply | ||
318 | in the following: | ||
319 | |||
320 | a. For the avoidance of doubt, You are not required to license | ||
321 | Collective Databases under this License if You incorporate this | ||
322 | Database or a Derivative Database in the collection, but this License | ||
323 | still applies to this Database or a Derivative Database as a part of | ||
324 | the Collective Database; | ||
325 | |||
326 | b. Using this Database, a Derivative Database, or this Database as | ||
327 | part of a Collective Database to create a Produced Work does not | ||
328 | create a Derivative Database for purposes of Section 4.4; and | ||
329 | |||
330 | c. Use of a Derivative Database internally within an organisation is | ||
331 | not to the public and therefore does not fall under the requirements | ||
332 | of Section 4.4. | ||
333 | |||
334 | 4.6 Access to Derivative Databases. If You Publicly Use a Derivative | ||
335 | Database or a Produced Work from a Derivative Database, You must also | ||
336 | offer to recipients of the Derivative Database or Produced Work a copy | ||
337 | in a machine readable form of: | ||
338 | |||
339 | a. The entire Derivative Database; or | ||
340 | |||
341 | b. A file containing all of the alterations made to the Database or | ||
342 | the method of making the alterations to the Database (such as an | ||
343 | algorithm), including any additional Contents, that make up all the | ||
344 | differences between the Database and the Derivative Database. | ||
345 | |||
346 | The Derivative Database (under a.) or alteration file (under b.) must be | ||
347 | available at no more than a reasonable production cost for physical | ||
348 | distributions and free of charge if distributed over the internet. | ||
349 | |||
350 | 4.7 Technological measures and additional terms | ||
351 | |||
352 | a. This License does not allow You to impose (except subject to | ||
353 | Section 4.7 b.) any terms or any technological measures on the | ||
354 | Database, a Derivative Database, or the whole or a Substantial part of | ||
355 | the Contents that alter or restrict the terms of this License, or any | ||
356 | rights granted under it, or have the effect or intent of restricting | ||
357 | the ability of any person to exercise those rights. | ||
358 | |||
359 | b. Parallel distribution. You may impose terms or technological | ||
360 | measures on the Database, a Derivative Database, or the whole or a | ||
361 | Substantial part of the Contents (a "Restricted Database") in | ||
362 | contravention of Section 4.74 a. only if You also make a copy of the | ||
363 | Database or a Derivative Database available to the recipient of the | ||
364 | Restricted Database: | ||
365 | |||
366 | i. That is available without additional fee; | ||
367 | |||
368 | ii. That is available in a medium that does not alter or restrict | ||
369 | the terms of this License, or any rights granted under it, or have | ||
370 | the effect or intent of restricting the ability of any person to | ||
371 | exercise those rights (an "Unrestricted Database"); and | ||
372 | |||
373 | iii. The Unrestricted Database is at least as accessible to the | ||
374 | recipient as a practical matter as the Restricted Database. | ||
375 | |||
376 | c. For the avoidance of doubt, You may place this Database or a | ||
377 | Derivative Database in an authenticated environment, behind a | ||
378 | password, or within a similar access control scheme provided that You | ||
379 | do not alter or restrict the terms of this License or any rights | ||
380 | granted under it or have the effect or intent of restricting the | ||
381 | ability of any person to exercise those rights. | ||
382 | |||
383 | 4.8 Licensing of others. You may not sublicense the Database. Each time | ||
384 | You communicate the Database, the whole or Substantial part of the | ||
385 | Contents, or any Derivative Database to anyone else in any way, the | ||
386 | Licensor offers to the recipient a license to the Database on the same | ||
387 | terms and conditions as this License. You are not responsible for | ||
388 | enforcing compliance by third parties with this License, but You may | ||
389 | enforce any rights that You have over a Derivative Database. You are | ||
390 | solely responsible for any modifications of a Derivative Database made | ||
391 | by You or another Person at Your direction. You may not impose any | ||
392 | further restrictions on the exercise of the rights granted or affirmed | ||
393 | under this License. | ||
394 | |||
395 | ### 5.0 Moral rights | ||
396 | |||
397 | 5.1 Moral rights. This section covers moral rights, including any rights | ||
398 | to be identified as the author of the Database or to object to treatment | ||
399 | that would otherwise prejudice the author`s honour and reputation, or | ||
400 | any other derogatory treatment: | ||
401 | |||
402 | a. For jurisdictions allowing waiver of moral rights, Licensor waives | ||
403 | all moral rights that Licensor may have in the Database to the fullest | ||
404 | extent possible by the law of the relevant jurisdiction under Section | ||
405 | 10.4; | ||
406 | |||
407 | b. If waiver of moral rights under Section 5.1 a in the relevant | ||
408 | jurisdiction is not possible, Licensor agrees not to assert any moral | ||
409 | rights over the Database and waives all claims in moral rights to the | ||
410 | fullest extent possible by the law of the relevant jurisdiction under | ||
411 | Section 10.4; and | ||
412 | |||
413 | c. For jurisdictions not allowing waiver or an agreement not to assert | ||
414 | moral rights under Section 5.1 a and b, the author may retain their | ||
415 | moral rights over certain aspects of the Database. | ||
416 | |||
417 | Please note that some jurisdictions do not allow for the waiver of moral | ||
418 | rights, and so moral rights may still subsist over the Database in some | ||
419 | jurisdictions. | ||
420 | |||
421 | ### 6.0 Fair dealing, Database exceptions, and other rights not affected | ||
422 | |||
423 | 6.1 This License does not affect any rights that You or anyone else may | ||
424 | independently have under any applicable law to make any use of this | ||
425 | Database, including without limitation: | ||
426 | |||
427 | a. Exceptions to the Database Right including: Extraction of Contents | ||
428 | from non-electronic Databases for private purposes, Extraction for | ||
429 | purposes of illustration for teaching or scientific research, and | ||
430 | Extraction or Re-utilisation for public security or an administrative | ||
431 | or judicial procedure. | ||
432 | |||
433 | b. Fair dealing, fair use, or any other legally recognised limitation | ||
434 | or exception to infringement of copyright or other applicable laws. | ||
435 | |||
436 | 6.2 This License does not affect any rights of lawful users to Extract | ||
437 | and Re-utilise insubstantial parts of the Contents, evaluated | ||
438 | quantitatively or qualitatively, for any purposes whatsoever, including | ||
439 | creating a Derivative Database (subject to other rights over the | ||
440 | Contents, see Section 2.4). The repeated and systematic Extraction or | ||
441 | Re-utilisation of insubstantial parts of the Contents may however amount | ||
442 | to the Extraction or Re-utilisation of a Substantial part of the | ||
443 | Contents. | ||
444 | |||
445 | ### 7.0 Warranties and Disclaimer | ||
446 | |||
447 | 7.1 The Database is licensed by the Licensor "as is" and without any | ||
448 | warranty of any kind, either express, implied, or arising by statute, | ||
449 | custom, course of dealing, or trade usage. Licensor specifically | ||
450 | disclaims any and all implied warranties or conditions of title, | ||
451 | non-infringement, accuracy or completeness, the presence or absence of | ||
452 | errors, fitness for a particular purpose, merchantability, or otherwise. | ||
453 | Some jurisdictions do not allow the exclusion of implied warranties, so | ||
454 | this exclusion may not apply to You. | ||
455 | |||
456 | ### 8.0 Limitation of liability | ||
457 | |||
458 | 8.1 Subject to any liability that may not be excluded or limited by law, | ||
459 | the Licensor is not liable for, and expressly excludes, all liability | ||
460 | for loss or damage however and whenever caused to anyone by any use | ||
461 | under this License, whether by You or by anyone else, and whether caused | ||
462 | by any fault on the part of the Licensor or not. This exclusion of | ||
463 | liability includes, but is not limited to, any special, incidental, | ||
464 | consequential, punitive, or exemplary damages such as loss of revenue, | ||
465 | data, anticipated profits, and lost business. This exclusion applies | ||
466 | even if the Licensor has been advised of the possibility of such | ||
467 | damages. | ||
468 | |||
469 | 8.2 If liability may not be excluded by law, it is limited to actual and | ||
470 | direct financial loss to the extent it is caused by proved negligence on | ||
471 | the part of the Licensor. | ||
472 | |||
473 | ### 9.0 Termination of Your rights under this License | ||
474 | |||
475 | 9.1 Any breach by You of the terms and conditions of this License | ||
476 | automatically terminates this License with immediate effect and without | ||
477 | notice to You. For the avoidance of doubt, Persons who have received the | ||
478 | Database, the whole or a Substantial part of the Contents, Derivative | ||
479 | Databases, or the Database as part of a Collective Database from You | ||
480 | under this License will not have their licenses terminated provided | ||
481 | their use is in full compliance with this License or a license granted | ||
482 | under Section 4.8 of this License. Sections 1, 2, 7, 8, 9 and 10 will | ||
483 | survive any termination of this License. | ||
484 | |||
485 | 9.2 If You are not in breach of the terms of this License, the Licensor | ||
486 | will not terminate Your rights under it. | ||
487 | |||
488 | 9.3 Unless terminated under Section 9.1, this License is granted to You | ||
489 | for the duration of applicable rights in the Database. | ||
490 | |||
491 | 9.4 Reinstatement of rights. If you cease any breach of the terms and | ||
492 | conditions of this License, then your full rights under this License | ||
493 | will be reinstated: | ||
494 | |||
495 | a. Provisionally and subject to permanent termination until the 60th | ||
496 | day after cessation of breach; | ||
497 | |||
498 | b. Permanently on the 60th day after cessation of breach unless | ||
499 | otherwise reasonably notified by the Licensor; or | ||
500 | |||
501 | c. Permanently if reasonably notified by the Licensor of the | ||
502 | violation, this is the first time You have received notice of | ||
503 | violation of this License from the Licensor, and You cure the | ||
504 | violation prior to 30 days after your receipt of the notice. | ||
505 | |||
506 | Persons subject to permanent termination of rights are not eligible to | ||
507 | be a recipient and receive a license under Section 4.8. | ||
508 | |||
509 | 9.5 Notwithstanding the above, Licensor reserves the right to release | ||
510 | the Database under different license terms or to stop distributing or | ||
511 | making available the Database. Releasing the Database under different | ||
512 | license terms or stopping the distribution of the Database will not | ||
513 | withdraw this License (or any other license that has been, or is | ||
514 | required to be, granted under the terms of this License), and this | ||
515 | License will continue in full force and effect unless terminated as | ||
516 | stated above. | ||
517 | |||
518 | ### 10.0 General | ||
519 | |||
520 | 10.1 If any provision of this License is held to be invalid or | ||
521 | unenforceable, that must not affect the validity or enforceability of | ||
522 | the remainder of the terms and conditions of this License and each | ||
523 | remaining provision of this License shall be valid and enforced to the | ||
524 | fullest extent permitted by law. | ||
525 | |||
526 | 10.2 This License is the entire agreement between the parties with | ||
527 | respect to the rights granted here over the Database. It replaces any | ||
528 | earlier understandings, agreements or representations with respect to | ||
529 | the Database. | ||
530 | |||
531 | 10.3 If You are in breach of the terms of this License, You will not be | ||
532 | entitled to rely on the terms of this License or to complain of any | ||
533 | breach by the Licensor. | ||
534 | |||
535 | 10.4 Choice of law. This License takes effect in and will be governed by | ||
536 | the laws of the relevant jurisdiction in which the License terms are | ||
537 | sought to be enforced. If the standard suite of rights granted under | ||
538 | applicable copyright law and Database Rights in the relevant | ||
539 | jurisdiction includes additional rights not granted under this License, | ||
540 | these additional rights are granted in this License in order to meet the | ||
541 | terms of this License. | ||
542 | |||
543 | |||