| Open Database License (ODbL) v1.0 |
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| Open Data Commons is not a law firm and does not provide legal services of any kind. |
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| Open Data Commons has no formal relationship with you. Your receipt of this document does not create any kind of agent-client relationship. Please seek the advice of a suitably qualified legal professional licensed to practice in your jurisdiction before using this document. |
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| Plain language summary |
| A plain language summary of the Open Database License is available. |
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| 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. |