diff options
Diffstat (limited to 'licenses/ODbL-1.0')
| -rw-r--r-- | licenses/ODbL-1.0 | 540 |
1 files changed, 540 insertions, 0 deletions
diff --git a/licenses/ODbL-1.0 b/licenses/ODbL-1.0 new file mode 100644 index 000000000..c734a1dd8 --- /dev/null +++ b/licenses/ODbL-1.0 @@ -0,0 +1,540 @@ +## 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. |