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