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  21. <body><h1>Open Data Commons Open Database License v1.0</h1><hr><tt><pre>## ODC Open Database License (ODbL)
  22. ### Preamble
  23. The Open Database License (ODbL) is a license agreement intended to
  24. allow users to freely share, modify, and use this Database while
  25. maintaining this same freedom for others. Many databases are covered by
  26. copyright, and therefore this document licenses these rights. Some
  27. jurisdictions, mainly in the European Union, have specific rights that
  28. cover databases, and so the ODbL addresses these rights, too. Finally,
  29. the ODbL is also an agreement in contract for users of this Database to
  30. act in certain ways in return for accessing this Database.
  31. Databases can contain a wide variety of types of content (images,
  32. audiovisual material, and sounds all in the same database, for example),
  33. and so the ODbL only governs the rights over the Database, and not the
  34. contents of the Database individually. Licensors should use the ODbL
  35. together with another license for the contents, if the contents have a
  36. single set of rights that uniformly covers all of the contents. If the
  37. contents have multiple sets of different rights, Licensors should
  38. describe what rights govern what contents together in the individual
  39. record or in some other way that clarifies what rights apply.
  40. Sometimes the contents of a database, or the database itself, can be
  41. covered by other rights not addressed here (such as private contracts,
  42. trade mark over the name, or privacy rights / data protection rights
  43. over information in the contents), and so you are advised that you may
  44. have to consult other documents or clear other rights before doing
  45. activities not covered by this License.
  46. ------
  47. The Licensor (as defined below)
  48. and
  49. You (as defined below)
  50. agree as follows:
  51. ### 1.0 Definitions of Capitalised Words
  52. &#x22;Collective Database&#x22; &#x2013; Means this Database in unmodified form as part
  53. of a collection of independent databases in themselves that together are
  54. assembled into a collective whole. A work that constitutes a Collective
  55. Database will not be considered a Derivative Database.
  56. &#x22;Convey&#x22; &#x2013; As a verb, means Using the Database, a Derivative Database,
  57. or the Database as part of a Collective Database in any way that enables
  58. a Person to make or receive copies of the Database or a Derivative
  59. Database. Conveying does not include interaction with a user through a
  60. computer network, or creating and Using a Produced Work, where no
  61. transfer of a copy of the Database or a Derivative Database occurs.
  62. &#x22;Contents&#x22; &#x2013; The contents of this Database, which includes the
  63. information, independent works, or other material collected into the
  64. Database. For example, the contents of the Database could be factual
  65. data or works such as images, audiovisual material, text, or sounds.
  66. &#x22;Database&#x22; &#x2013; A collection of material (the Contents) arranged in a
  67. systematic or methodical way and individually accessible by electronic
  68. or other means offered under the terms of this License.
  69. &#x22;Database Directive&#x22; &#x2013; Means Directive 96/9/EC of the European
  70. Parliament and of the Council of 11 March 1996 on the legal protection
  71. of databases, as amended or succeeded.
  72. &#x22;Database Right&#x22; &#x2013; Means rights resulting from the Chapter III (&#x22;sui
  73. generis&#x22;) rights in the Database Directive (as amended and as transposed
  74. by member states), which includes the Extraction and Re-utilisation of
  75. the whole or a Substantial part of the Contents, as well as any similar
  76. rights available in the relevant jurisdiction under Section 10.4.
  77. &#x22;Derivative Database&#x22; &#x2013; Means a database based upon the Database, and
  78. includes any translation, adaptation, arrangement, modification, or any
  79. other alteration of the Database or of a Substantial part of the
  80. Contents. This includes, but is not limited to, Extracting or
  81. Re-utilising the whole or a Substantial part of the Contents in a new
  82. Database.
  83. &#x22;Extraction&#x22; &#x2013; Means the permanent or temporary transfer of all or a
  84. Substantial part of the Contents to another medium by any means or in
  85. any form.
  86. &#x22;License&#x22; &#x2013; Means this license agreement and is both a license of rights
  87. such as copyright and Database Rights and an agreement in contract.
  88. &#x22;Licensor&#x22; &#x2013; Means the Person that offers the Database under the terms
  89. of this License.
  90. &#x22;Person&#x22; &#x2013; Means a natural or legal person or a body of persons
  91. corporate or incorporate.
  92. &#x22;Produced Work&#x22; &#x2013; a work (such as an image, audiovisual material, text,
  93. or sounds) resulting from using the whole or a Substantial part of the
  94. Contents (via a search or other query) from this Database, a Derivative
  95. Database, or this Database as part of a Collective Database.
  96. &#x22;Publicly&#x22; &#x2013; means to Persons other than You or under Your control by
  97. either more than 50% ownership or by the power to direct their
  98. activities (such as contracting with an independent consultant).
  99. &#x22;Re-utilisation&#x22; &#x2013; means any form of making available to the public all
  100. or a Substantial part of the Contents by the distribution of copies, by
  101. renting, by online or other forms of transmission.
  102. &#x22;Substantial&#x22; &#x2013; Means substantial in terms of quantity or quality or a
  103. combination of both. The repeated and systematic Extraction or
  104. Re-utilisation of insubstantial parts of the Contents may amount to the
  105. Extraction or Re-utilisation of a Substantial part of the Contents.
  106. &#x22;Use&#x22; &#x2013; As a verb, means doing any act that is restricted by copyright
  107. or Database Rights whether in the original medium or any other; and
  108. includes without limitation distributing, copying, publicly performing,
  109. publicly displaying, and preparing derivative works of the Database, as
  110. well as modifying the Database as may be technically necessary to use it
  111. in a different mode or format.
  112. &#x22;You&#x22; &#x2013; Means a Person exercising rights under this License who has not
  113. previously violated the terms of this License with respect to the
  114. Database, or who has received express permission from the Licensor to
  115. exercise rights under this License despite a previous violation.
  116. Words in the singular include the plural and vice versa.
  117. ### 2.0 What this License covers
  118. 2.1. Legal effect of this document. This License is:
  119. a. A license of applicable copyright and neighbouring rights;
  120. b. A license of the Database Right; and
  121. c. An agreement in contract between You and the Licensor.
  122. 2.2 Legal rights covered. This License covers the legal rights in the
  123. Database, including:
  124. a. Copyright. Any copyright or neighbouring rights in the Database.
  125. The copyright licensed includes any individual elements of the
  126. Database, but does not cover the copyright over the Contents
  127. independent of this Database. See Section 2.4 for details. Copyright
  128. law varies between jurisdictions, but is likely to cover: the Database
  129. model or schema, which is the structure, arrangement, and organisation
  130. of the Database, and can also include the Database tables and table
  131. indexes; the data entry and output sheets; and the Field names of
  132. Contents stored in the Database;
  133. b. Database Rights. Database Rights only extend to the Extraction and
  134. Re-utilisation of the whole or a Substantial part of the Contents.
  135. Database Rights can apply even when there is no copyright over the
  136. Database. Database Rights can also apply when the Contents are removed
  137. from the Database and are selected and arranged in a way that would
  138. not infringe any applicable copyright; and
  139. c. Contract. This is an agreement between You and the Licensor for
  140. access to the Database. In return you agree to certain conditions of
  141. use on this access as outlined in this License.
  142. 2.3 Rights not covered.
  143. a. This License does not apply to computer programs used in the making
  144. or operation of the Database;
  145. b. This License does not cover any patents over the Contents or the
  146. Database; and
  147. c. This License does not cover any trademarks associated with the
  148. Database.
  149. 2.4 Relationship to Contents in the Database. The individual items of
  150. the Contents contained in this Database may be covered by other rights,
  151. including copyright, patent, data protection, privacy, or personality
  152. rights, and this License does not cover any rights (other than Database
  153. Rights or in contract) in individual Contents contained in the Database.
  154. For example, if used on a Database of images (the Contents), this
  155. License would not apply to copyright over individual images, which could
  156. have their own separate licenses, or one single license covering all of
  157. the rights over the images.
  158. ### 3.0 Rights granted
  159. 3.1 Subject to the terms and conditions of this License, the Licensor
  160. grants to You a worldwide, royalty-free, non-exclusive, terminable (but
  161. only under Section 9) license to Use the Database for the duration of
  162. any applicable copyright and Database Rights. These rights explicitly
  163. include commercial use, and do not exclude any field of endeavour. To
  164. the extent possible in the relevant jurisdiction, these rights may be
  165. exercised in all media and formats whether now known or created in the
  166. future.
  167. The rights granted cover, for example:
  168. a. Extraction and Re-utilisation of the whole or a Substantial part of
  169. the Contents;
  170. b. Creation of Derivative Databases;
  171. c. Creation of Collective Databases;
  172. d. Creation of temporary or permanent reproductions by any means and
  173. in any form, in whole or in part, including of any Derivative
  174. Databases or as a part of Collective Databases; and
  175. e. Distribution, communication, display, lending, making available, or
  176. performance to the public by any means and in any form, in whole or in
  177. part, including of any Derivative Database or as a part of Collective
  178. Databases.
  179. 3.2 Compulsory license schemes. For the avoidance of doubt:
  180. a. Non-waivable compulsory license schemes. In those jurisdictions in
  181. which the right to collect royalties through any statutory or
  182. compulsory licensing scheme cannot be waived, the Licensor reserves
  183. the exclusive right to collect such royalties for any exercise by You
  184. of the rights granted under this License;
  185. b. Waivable compulsory license schemes. In those jurisdictions in
  186. which the right to collect royalties through any statutory or
  187. compulsory licensing scheme can be waived, the Licensor waives the
  188. exclusive right to collect such royalties for any exercise by You of
  189. the rights granted under this License; and,
  190. c. Voluntary license schemes. The Licensor waives the right to collect
  191. royalties, whether individually or, in the event that the Licensor is
  192. a member of a collecting society that administers voluntary licensing
  193. schemes, via that society, from any exercise by You of the rights
  194. granted under this License.
  195. 3.3 The right to release the Database under different terms, or to stop
  196. distributing or making available the Database, is reserved. Note that
  197. this Database may be multiple-licensed, and so You may have the choice
  198. of using alternative licenses for this Database. Subject to Section
  199. 10.4, all other rights not expressly granted by Licensor are reserved.
  200. ### 4.0 Conditions of Use
  201. 4.1 The rights granted in Section 3 above are expressly made subject to
  202. Your complying with the following conditions of use. These are important
  203. conditions of this License, and if You fail to follow them, You will be
  204. in material breach of its terms.
  205. 4.2 Notices. If You Publicly Convey this Database, any Derivative
  206. Database, or the Database as part of a Collective Database, then You
  207. must:
  208. a. Do so only under the terms of this License or another license
  209. permitted under Section 4.4;
  210. b. Include a copy of this License (or, as applicable, a license
  211. permitted under Section 4.4) or its Uniform Resource Identifier (URI)
  212. with the Database or Derivative Database, including both in the
  213. Database or Derivative Database and in any relevant documentation; and
  214. c. Keep intact any copyright or Database Right notices and notices
  215. that refer to this License.
  216. d. If it is not possible to put the required notices in a particular
  217. file due to its structure, then You must include the notices in a
  218. location (such as a relevant directory) where users would be likely to
  219. look for it.
  220. 4.3 Notice for using output (Contents). Creating and Using a Produced
  221. Work does not require the notice in Section 4.2. However, if you
  222. Publicly Use a Produced Work, You must include a notice associated with
  223. the Produced Work reasonably calculated to make any Person that uses,
  224. views, accesses, interacts with, or is otherwise exposed to the Produced
  225. Work aware that Content was obtained from the Database, Derivative
  226. Database, or the Database as part of a Collective Database, and that it
  227. is available under this License.
  228. a. Example notice. The following text will satisfy notice under
  229. Section 4.3:
  230. Contains information from DATABASE NAME, which is made available
  231. here under the Open Database License (ODbL).
  232. DATABASE NAME should be replaced with the name of the Database and a
  233. hyperlink to the URI of the Database. &#x22;Open Database License&#x22; should
  234. contain a hyperlink to the URI of the text of this License. If
  235. hyperlinks are not possible, You should include the plain text of the
  236. required URI&#x27;s with the above notice.
  237. 4.4 Share alike.
  238. a. Any Derivative Database that You Publicly Use must be only under
  239. the terms of:
  240. i. This License;
  241. ii. A later version of this License similar in spirit to this
  242. License; or
  243. iii. A compatible license.
  244. If You license the Derivative Database under one of the licenses
  245. mentioned in (iii), You must comply with the terms of that license.
  246. b. For the avoidance of doubt, Extraction or Re-utilisation of the
  247. whole or a Substantial part of the Contents into a new database is a
  248. Derivative Database and must comply with Section 4.4.
  249. c. Derivative Databases and Produced Works. A Derivative Database is
  250. Publicly Used and so must comply with Section 4.4. if a Produced Work
  251. created from the Derivative Database is Publicly Used.
  252. d. Share Alike and additional Contents. For the avoidance of doubt,
  253. You must not add Contents to Derivative Databases under Section 4.4 a
  254. that are incompatible with the rights granted under this License.
  255. e. Compatible licenses. Licensors may authorise a proxy to determine
  256. compatible licenses under Section 4.4 a iii. If they do so, the
  257. authorised proxy&#x27;s public statement of acceptance of a compatible
  258. license grants You permission to use the compatible license.
  259. 4.5 Limits of Share Alike. The requirements of Section 4.4 do not apply
  260. in the following:
  261. a. For the avoidance of doubt, You are not required to license
  262. Collective Databases under this License if You incorporate this
  263. Database or a Derivative Database in the collection, but this License
  264. still applies to this Database or a Derivative Database as a part of
  265. the Collective Database;
  266. b. Using this Database, a Derivative Database, or this Database as
  267. part of a Collective Database to create a Produced Work does not
  268. create a Derivative Database for purposes of Section 4.4; and
  269. c. Use of a Derivative Database internally within an organisation is
  270. not to the public and therefore does not fall under the requirements
  271. of Section 4.4.
  272. 4.6 Access to Derivative Databases. If You Publicly Use a Derivative
  273. Database or a Produced Work from a Derivative Database, You must also
  274. offer to recipients of the Derivative Database or Produced Work a copy
  275. in a machine readable form of:
  276. a. The entire Derivative Database; or
  277. b. A file containing all of the alterations made to the Database or
  278. the method of making the alterations to the Database (such as an
  279. algorithm), including any additional Contents, that make up all the
  280. differences between the Database and the Derivative Database.
  281. The Derivative Database (under a.) or alteration file (under b.) must be
  282. available at no more than a reasonable production cost for physical
  283. distributions and free of charge if distributed over the internet.
  284. 4.7 Technological measures and additional terms
  285. a. This License does not allow You to impose (except subject to
  286. Section 4.7 b.) any terms or any technological measures on the
  287. Database, a Derivative Database, or the whole or a Substantial part of
  288. the Contents that alter or restrict the terms of this License, or any
  289. rights granted under it, or have the effect or intent of restricting
  290. the ability of any person to exercise those rights.
  291. b. Parallel distribution. You may impose terms or technological
  292. measures on the Database, a Derivative Database, or the whole or a
  293. Substantial part of the Contents (a &#x22;Restricted Database&#x22;) in
  294. contravention of Section 4.74 a. only if You also make a copy of the
  295. Database or a Derivative Database available to the recipient of the
  296. Restricted Database:
  297. i. That is available without additional fee;
  298. ii. That is available in a medium that does not alter or restrict
  299. the terms of this License, or any rights granted under it, or have
  300. the effect or intent of restricting the ability of any person to
  301. exercise those rights (an &#x22;Unrestricted Database&#x22;); and
  302. iii. The Unrestricted Database is at least as accessible to the
  303. recipient as a practical matter as the Restricted Database.
  304. c. For the avoidance of doubt, You may place this Database or a
  305. Derivative Database in an authenticated environment, behind a
  306. password, or within a similar access control scheme provided that You
  307. do not alter or restrict the terms of this License or any rights
  308. granted under it or have the effect or intent of restricting the
  309. ability of any person to exercise those rights.
  310. 4.8 Licensing of others. You may not sublicense the Database. Each time
  311. You communicate the Database, the whole or Substantial part of the
  312. Contents, or any Derivative Database to anyone else in any way, the
  313. Licensor offers to the recipient a license to the Database on the same
  314. terms and conditions as this License. You are not responsible for
  315. enforcing compliance by third parties with this License, but You may
  316. enforce any rights that You have over a Derivative Database. You are
  317. solely responsible for any modifications of a Derivative Database made
  318. by You or another Person at Your direction. You may not impose any
  319. further restrictions on the exercise of the rights granted or affirmed
  320. under this License.
  321. ### 5.0 Moral rights
  322. 5.1 Moral rights. This section covers moral rights, including any rights
  323. to be identified as the author of the Database or to object to treatment
  324. that would otherwise prejudice the author&#x27;s honour and reputation, or
  325. any other derogatory treatment:
  326. a. For jurisdictions allowing waiver of moral rights, Licensor waives
  327. all moral rights that Licensor may have in the Database to the fullest
  328. extent possible by the law of the relevant jurisdiction under Section
  329. 10.4;
  330. b. If waiver of moral rights under Section 5.1 a in the relevant
  331. jurisdiction is not possible, Licensor agrees not to assert any moral
  332. rights over the Database and waives all claims in moral rights to the
  333. fullest extent possible by the law of the relevant jurisdiction under
  334. Section 10.4; and
  335. c. For jurisdictions not allowing waiver or an agreement not to assert
  336. moral rights under Section 5.1 a and b, the author may retain their
  337. moral rights over certain aspects of the Database.
  338. Please note that some jurisdictions do not allow for the waiver of moral
  339. rights, and so moral rights may still subsist over the Database in some
  340. jurisdictions.
  341. ### 6.0 Fair dealing, Database exceptions, and other rights not affected
  342. 6.1 This License does not affect any rights that You or anyone else may
  343. independently have under any applicable law to make any use of this
  344. Database, including without limitation:
  345. a. Exceptions to the Database Right including: Extraction of Contents
  346. from non-electronic Databases for private purposes, Extraction for
  347. purposes of illustration for teaching or scientific research, and
  348. Extraction or Re-utilisation for public security or an administrative
  349. or judicial procedure.
  350. b. Fair dealing, fair use, or any other legally recognised limitation
  351. or exception to infringement of copyright or other applicable laws.
  352. 6.2 This License does not affect any rights of lawful users to Extract
  353. and Re-utilise insubstantial parts of the Contents, evaluated
  354. quantitatively or qualitatively, for any purposes whatsoever, including
  355. creating a Derivative Database (subject to other rights over the
  356. Contents, see Section 2.4). The repeated and systematic Extraction or
  357. Re-utilisation of insubstantial parts of the Contents may however amount
  358. to the Extraction or Re-utilisation of a Substantial part of the
  359. Contents.
  360. ### 7.0 Warranties and Disclaimer
  361. 7.1 The Database is licensed by the Licensor &#x22;as is&#x22; and without any
  362. warranty of any kind, either express, implied, or arising by statute,
  363. custom, course of dealing, or trade usage. Licensor specifically
  364. disclaims any and all implied warranties or conditions of title,
  365. non-infringement, accuracy or completeness, the presence or absence of
  366. errors, fitness for a particular purpose, merchantability, or otherwise.
  367. Some jurisdictions do not allow the exclusion of implied warranties, so
  368. this exclusion may not apply to You.
  369. ### 8.0 Limitation of liability
  370. 8.1 Subject to any liability that may not be excluded or limited by law,
  371. the Licensor is not liable for, and expressly excludes, all liability
  372. for loss or damage however and whenever caused to anyone by any use
  373. under this License, whether by You or by anyone else, and whether caused
  374. by any fault on the part of the Licensor or not. This exclusion of
  375. liability includes, but is not limited to, any special, incidental,
  376. consequential, punitive, or exemplary damages such as loss of revenue,
  377. data, anticipated profits, and lost business. This exclusion applies
  378. even if the Licensor has been advised of the possibility of such
  379. damages.
  380. 8.2 If liability may not be excluded by law, it is limited to actual and
  381. direct financial loss to the extent it is caused by proved negligence on
  382. the part of the Licensor.
  383. ### 9.0 Termination of Your rights under this License
  384. 9.1 Any breach by You of the terms and conditions of this License
  385. automatically terminates this License with immediate effect and without
  386. notice to You. For the avoidance of doubt, Persons who have received the
  387. Database, the whole or a Substantial part of the Contents, Derivative
  388. Databases, or the Database as part of a Collective Database from You
  389. under this License will not have their licenses terminated provided
  390. their use is in full compliance with this License or a license granted
  391. under Section 4.8 of this License. Sections 1, 2, 7, 8, 9 and 10 will
  392. survive any termination of this License.
  393. 9.2 If You are not in breach of the terms of this License, the Licensor
  394. will not terminate Your rights under it.
  395. 9.3 Unless terminated under Section 9.1, this License is granted to You
  396. for the duration of applicable rights in the Database.
  397. 9.4 Reinstatement of rights. If you cease any breach of the terms and
  398. conditions of this License, then your full rights under this License
  399. will be reinstated:
  400. a. Provisionally and subject to permanent termination until the 60th
  401. day after cessation of breach;
  402. b. Permanently on the 60th day after cessation of breach unless
  403. otherwise reasonably notified by the Licensor; or
  404. c. Permanently if reasonably notified by the Licensor of the
  405. violation, this is the first time You have received notice of
  406. violation of this License from the Licensor, and You cure the
  407. violation prior to 30 days after your receipt of the notice.
  408. Persons subject to permanent termination of rights are not eligible to
  409. be a recipient and receive a license under Section 4.8.
  410. 9.5 Notwithstanding the above, Licensor reserves the right to release
  411. the Database under different license terms or to stop distributing or
  412. making available the Database. Releasing the Database under different
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