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1
2## ODC Open Database License (ODbL)
3
4### Preamble
5
6The Open Database License (ODbL) is a license agreement intended to
7allow users to freely share, modify, and use this Database while
8maintaining this same freedom for others. Many databases are covered by
9copyright, and therefore this document licenses these rights. Some
10jurisdictions, mainly in the European Union, have specific rights that
11cover databases, and so the ODbL addresses these rights, too. Finally,
12the ODbL is also an agreement in contract for users of this Database to
13act in certain ways in return for accessing this Database.
14
15Databases can contain a wide variety of types of content (images,
16audiovisual material, and sounds all in the same database, for example),
17and so the ODbL only governs the rights over the Database, and not the
18contents of the Database individually. Licensors should use the ODbL
19together with another license for the contents, if the contents have a
20single set of rights that uniformly covers all of the contents. If the
21contents have multiple sets of different rights, Licensors should
22describe what rights govern what contents together in the individual
23record or in some other way that clarifies what rights apply.
24
25Sometimes the contents of a database, or the database itself, can be
26covered by other rights not addressed here (such as private contracts,
27trade mark over the name, or privacy rights / data protection rights
28over information in the contents), and so you are advised that you may
29have to consult other documents or clear other rights before doing
30activities not covered by this License.
31
32------
33
34The Licensor (as defined below)
35
36and
37
38You (as defined below)
39
40agree as follows:
41
42### 1.0 Definitions of Capitalised Words
43
44"Collective Database" – Means this Database in unmodified form as part
45of a collection of independent databases in themselves that together are
46assembled into a collective whole. A work that constitutes a Collective
47Database will not be considered a Derivative Database.
48
49"Convey" – As a verb, means Using the Database, a Derivative Database,
50or the Database as part of a Collective Database in any way that enables
51a Person to make or receive copies of the Database or a Derivative
52Database. Conveying does not include interaction with a user through a
53computer network, or creating and Using a Produced Work, where no
54transfer of a copy of the Database or a Derivative Database occurs.
55"Contents" – The contents of this Database, which includes the
56information, independent works, or other material collected into the
57Database. For example, the contents of the Database could be factual
58data or works such as images, audiovisual material, text, or sounds.
59
60"Database" – A collection of material (the Contents) arranged in a
61systematic or methodical way and individually accessible by electronic
62or other means offered under the terms of this License.
63
64"Database Directive" – Means Directive 96/9/EC of the European
65Parliament and of the Council of 11 March 1996 on the legal protection
66of databases, as amended or succeeded.
67
68"Database Right" – Means rights resulting from the Chapter III ("sui
69generis") rights in the Database Directive (as amended and as transposed
70by member states), which includes the Extraction and Re-utilisation of
71the whole or a Substantial part of the Contents, as well as any similar
72rights available in the relevant jurisdiction under Section 10.4.
73
74"Derivative Database" – Means a database based upon the Database, and
75includes any translation, adaptation, arrangement, modification, or any
76other alteration of the Database or of a Substantial part of the
77Contents. This includes, but is not limited to, Extracting or
78Re-utilising the whole or a Substantial part of the Contents in a new
79Database.
80
81"Extraction" – Means the permanent or temporary transfer of all or a
82Substantial part of the Contents to another medium by any means or in
83any form.
84
85"License" – Means this license agreement and is both a license of rights
86such as copyright and Database Rights and an agreement in contract.
87
88"Licensor" – Means the Person that offers the Database under the terms
89of this License.
90
91"Person" – Means a natural or legal person or a body of persons
92corporate or incorporate.
93
94"Produced Work" – a work (such as an image, audiovisual material, text,
95or sounds) resulting from using the whole or a Substantial part of the
96Contents (via a search or other query) from this Database, a Derivative
97Database, or this Database as part of a Collective Database.
98
99"Publicly" – means to Persons other than You or under Your control by
100either more than 50% ownership or by the power to direct their
101activities (such as contracting with an independent consultant).
102
103"Re-utilisation" – means any form of making available to the public all
104or a Substantial part of the Contents by the distribution of copies, by
105renting, by online or other forms of transmission.
106
107"Substantial" – Means substantial in terms of quantity or quality or a
108combination of both. The repeated and systematic Extraction or
109Re-utilisation of insubstantial parts of the Contents may amount to the
110Extraction 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
113or Database Rights whether in the original medium or any other; and
114includes without limitation distributing, copying, publicly performing,
115publicly displaying, and preparing derivative works of the Database, as
116well as modifying the Database as may be technically necessary to use it
117in a different mode or format.
118
119"You" – Means a Person exercising rights under this License who has not
120previously violated the terms of this License with respect to the
121Database, or who has received express permission from the Licensor to
122exercise rights under this License despite a previous violation.
123
124Words in the singular include the plural and vice versa.
125
126### 2.0 What this License covers
127
1282.1. 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
1362.2 Legal rights covered. This License covers the legal rights in the
137Database, 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
1602.3 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
1712.4 Relationship to Contents in the Database. The individual items of
172the Contents contained in this Database may be covered by other rights,
173including copyright, patent, data protection, privacy, or personality
174rights, and this License does not cover any rights (other than Database
175Rights or in contract) in individual Contents contained in the Database.
176For example, if used on a Database of images (the Contents), this
177License would not apply to copyright over individual images, which could
178have their own separate licenses, or one single license covering all of
179the rights over the images.
180
181### 3.0 Rights granted
182
1833.1 Subject to the terms and conditions of this License, the Licensor
184grants to You a worldwide, royalty-free, non-exclusive, terminable (but
185only under Section 9) license to Use the Database for the duration of
186any applicable copyright and Database Rights. These rights explicitly
187include commercial use, and do not exclude any field of endeavour. To
188the extent possible in the relevant jurisdiction, these rights may be
189exercised in all media and formats whether now known or created in the
190future.
191
192The 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
2103.2 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
2303.3 The right to release the Database under different terms, or to stop
231distributing or making available the Database, is reserved. Note that
232this Database may be multiple-licensed, and so You may have the choice
233of using alternative licenses for this Database. Subject to Section
23410.4, all other rights not expressly granted by Licensor are reserved.
235
236### 4.0 Conditions of Use
237
2384.1 The rights granted in Section 3 above are expressly made subject to
239Your complying with the following conditions of use. These are important
240conditions of this License, and if You fail to follow them, You will be
241in material breach of its terms.
242
2434.2 Notices. If You Publicly Convey this Database, any Derivative
244Database, or the Database as part of a Collective Database, then You
245must:
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
2634.3 Notice for using output (Contents). Creating and Using a Produced
264Work does not require the notice in Section 4.2. However, if you
265Publicly Use a Produced Work, You must include a notice associated with
266the Produced Work reasonably calculated to make any Person that uses,
267views, accesses, interacts with, or is otherwise exposed to the Produced
268Work aware that Content was obtained from the Database, Derivative
269Database, or the Database as part of a Collective Database, and that it
270is 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
278DATABASE NAME should be replaced with the name of the Database and a
279hyperlink to the URI of the Database. "Open Database License" should
280contain a hyperlink to the URI of the text of this License. If
281hyperlinks are not possible, You should include the plain text of the
282required URI`s with the above notice.
283
2844.4 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
3174.5 Limits of Share Alike. The requirements of Section 4.4 do not apply
318in 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
3344.6 Access to Derivative Databases. If You Publicly Use a Derivative
335Database or a Produced Work from a Derivative Database, You must also
336offer to recipients of the Derivative Database or Produced Work a copy
337in 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
346The Derivative Database (under a.) or alteration file (under b.) must be
347available at no more than a reasonable production cost for physical
348distributions and free of charge if distributed over the internet.
349
3504.7 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
3834.8 Licensing of others. You may not sublicense the Database. Each time
384You communicate the Database, the whole or Substantial part of the
385Contents, or any Derivative Database to anyone else in any way, the
386Licensor offers to the recipient a license to the Database on the same
387terms and conditions as this License. You are not responsible for
388enforcing compliance by third parties with this License, but You may
389enforce any rights that You have over a Derivative Database. You are
390solely responsible for any modifications of a Derivative Database made
391by You or another Person at Your direction. You may not impose any
392further restrictions on the exercise of the rights granted or affirmed
393under this License.
394
395### 5.0 Moral rights
396
3975.1 Moral rights. This section covers moral rights, including any rights
398to be identified as the author of the Database or to object to treatment
399that would otherwise prejudice the author`s honour and reputation, or
400any 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
417Please note that some jurisdictions do not allow for the waiver of moral
418rights, and so moral rights may still subsist over the Database in some
419jurisdictions.
420
421### 6.0 Fair dealing, Database exceptions, and other rights not affected
422
4236.1 This License does not affect any rights that You or anyone else may
424independently have under any applicable law to make any use of this
425Database, 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
4366.2 This License does not affect any rights of lawful users to Extract
437and Re-utilise insubstantial parts of the Contents, evaluated
438quantitatively or qualitatively, for any purposes whatsoever, including
439creating a Derivative Database (subject to other rights over the
440Contents, see Section 2.4). The repeated and systematic Extraction or
441Re-utilisation of insubstantial parts of the Contents may however amount
442to the Extraction or Re-utilisation of a Substantial part of the
443Contents.
444
445### 7.0 Warranties and Disclaimer
446
4477.1 The Database is licensed by the Licensor "as is" and without any
448warranty of any kind, either express, implied, or arising by statute,
449custom, course of dealing, or trade usage. Licensor specifically
450disclaims any and all implied warranties or conditions of title,
451non-infringement, accuracy or completeness, the presence or absence of
452errors, fitness for a particular purpose, merchantability, or otherwise.
453Some jurisdictions do not allow the exclusion of implied warranties, so
454this exclusion may not apply to You.
455
456### 8.0 Limitation of liability
457
4588.1 Subject to any liability that may not be excluded or limited by law,
459the Licensor is not liable for, and expressly excludes, all liability
460for loss or damage however and whenever caused to anyone by any use
461under this License, whether by You or by anyone else, and whether caused
462by any fault on the part of the Licensor or not. This exclusion of
463liability includes, but is not limited to, any special, incidental,
464consequential, punitive, or exemplary damages such as loss of revenue,
465data, anticipated profits, and lost business. This exclusion applies
466even if the Licensor has been advised of the possibility of such
467damages.
468
4698.2 If liability may not be excluded by law, it is limited to actual and
470direct financial loss to the extent it is caused by proved negligence on
471the part of the Licensor.
472
473### 9.0 Termination of Your rights under this License
474
4759.1 Any breach by You of the terms and conditions of this License
476automatically terminates this License with immediate effect and without
477notice to You. For the avoidance of doubt, Persons who have received the
478Database, the whole or a Substantial part of the Contents, Derivative
479Databases, or the Database as part of a Collective Database from You
480under this License will not have their licenses terminated provided
481their use is in full compliance with this License or a license granted
482under Section 4.8 of this License. Sections 1, 2, 7, 8, 9 and 10 will
483survive any termination of this License.
484
4859.2 If You are not in breach of the terms of this License, the Licensor
486will not terminate Your rights under it.
487
4889.3 Unless terminated under Section 9.1, this License is granted to You
489for the duration of applicable rights in the Database.
490
4919.4 Reinstatement of rights. If you cease any breach of the terms and
492conditions of this License, then your full rights under this License
493will 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
506Persons subject to permanent termination of rights are not eligible to
507be a recipient and receive a license under Section 4.8.
508
5099.5 Notwithstanding the above, Licensor reserves the right to release
510the Database under different license terms or to stop distributing or
511making available the Database. Releasing the Database under different
512license terms or stopping the distribution of the Database will not
513withdraw this License (or any other license that has been, or is
514required to be, granted under the terms of this License), and this
515License will continue in full force and effect unless terminated as
516stated above.
517
518### 10.0 General
519
52010.1 If any provision of this License is held to be invalid or
521unenforceable, that must not affect the validity or enforceability of
522the remainder of the terms and conditions of this License and each
523remaining provision of this License shall be valid and enforced to the
524fullest extent permitted by law.
525
52610.2 This License is the entire agreement between the parties with
527respect to the rights granted here over the Database. It replaces any
528earlier understandings, agreements or representations with respect to
529the Database.
530
53110.3 If You are in breach of the terms of this License, You will not be
532entitled to rely on the terms of this License or to complain of any
533breach by the Licensor.
534
53510.4 Choice of law. This License takes effect in and will be governed by
536the laws of the relevant jurisdiction in which the License terms are
537sought to be enforced. If the standard suite of rights granted under
538applicable copyright law and Database Rights in the relevant
539jurisdiction includes additional rights not granted under this License,
540these additional rights are granted in this License in order to meet the
541terms of this License.
542
543