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Evan Siroky81af15c2016-10-02 12:34:31 -07001Open Database License (ODbL) v1.0
2Disclaimer
3Open Data Commons is not a law firm and does not provide legal services of any kind.
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5Open 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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9Plain language summary
10A plain language summary of the Open Database License is available.
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13Plain Text
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15ODC Open Database License (ODbL)
16Preamble
17The Open Database License (ODbL) is a license agreement intended to
18allow users to freely share, modify, and use this Database while
19maintaining this same freedom for others. Many databases are covered by
20copyright, and therefore this document licenses these rights. Some
21jurisdictions, mainly in the European Union, have specific rights that
22cover databases, and so the ODbL addresses these rights, too. Finally,
23the ODbL is also an agreement in contract for users of this Database to
24act in certain ways in return for accessing this Database.
25
26Databases can contain a wide variety of types of content (images,
27audiovisual material, and sounds all in the same database, for example),
28and so the ODbL only governs the rights over the Database, and not the
29contents of the Database individually. Licensors should use the ODbL
30together with another license for the contents, if the contents have a
31single set of rights that uniformly covers all of the contents. If the
32contents have multiple sets of different rights, Licensors should
33describe what rights govern what contents together in the individual
34record or in some other way that clarifies what rights apply.
35
36Sometimes the contents of a database, or the database itself, can be
37covered by other rights not addressed here (such as private contracts,
38trade mark over the name, or privacy rights / data protection rights
39over information in the contents), and so you are advised that you may
40have to consult other documents or clear other rights before doing
41activities not covered by this License.
42
43The Licensor (as defined below)
44
45and
46
47You (as defined below)
48
49agree as follows:
50
511.0 Definitions of Capitalised Words
52Collective Database Means this Database in unmodified form as part
53of a collection of independent databases in themselves that together are
54assembled into a collective whole. A work that constitutes a Collective
55Database will not be considered a Derivative Database.
56
57Convey As a verb, means Using the Database, a Derivative Database,
58or the Database as part of a Collective Database in any way that enables
59a Person to make or receive copies of the Database or a Derivative
60Database. Conveying does not include interaction with a user through a
61computer network, or creating and Using a Produced Work, where no
62transfer of a copy of the Database or a Derivative Database occurs.
63Contents The contents of this Database, which includes the
64information, independent works, or other material collected into the
65Database. For example, the contents of the Database could be factual
66data or works such as images, audiovisual material, text, or sounds.
67
68Database A collection of material (the Contents) arranged in a
69systematic or methodical way and individually accessible by electronic
70or other means offered under the terms of this License.
71
72Database Directive Means Directive 96/9/EC of the European
73Parliament and of the Council of 11 March 1996 on the legal protection
74of databases, as amended or succeeded.
75
76Database Right Means rights resulting from the Chapter III (“sui
77generis”) rights in the Database Directive (as amended and as transposed
78by member states), which includes the Extraction and Re-utilisation of
79the whole or a Substantial part of the Contents, as well as any similar
80rights available in the relevant jurisdiction under Section 10.4.
81
82Derivative Database Means a database based upon the Database, and
83includes any translation, adaptation, arrangement, modification, or any
84other alteration of the Database or of a Substantial part of the
85Contents. This includes, but is not limited to, Extracting or
86Re-utilising the whole or a Substantial part of the Contents in a new
87Database.
88
89Extraction Means the permanent or temporary transfer of all or a
90Substantial part of the Contents to another medium by any means or in
91any form.
92
93License Means this license agreement and is both a license of rights
94such as copyright and Database Rights and an agreement in contract.
95
96Licensor Means the Person that offers the Database under the terms
97of this License.
98
99Person Means a natural or legal person or a body of persons
100corporate or incorporate.
101
102Produced Work a work (such as an image, audiovisual material, text,
103or sounds) resulting from using the whole or a Substantial part of the
104Contents (via a search or other query) from this Database, a Derivative
105Database, or this Database as part of a Collective Database.
106
107Publicly means to Persons other than You or under Your control by
108either more than 50% ownership or by the power to direct their
109activities (such as contracting with an independent consultant).
110
111Re-utilisation means any form of making available to the public all
112or a Substantial part of the Contents by the distribution of copies, by
113renting, by online or other forms of transmission.
114
115Substantial Means substantial in terms of quantity or quality or a
116combination of both. The repeated and systematic Extraction or
117Re-utilisation of insubstantial parts of the Contents may amount to the
118Extraction or Re-utilisation of a Substantial part of the Contents.
119
120Use As a verb, means doing any act that is restricted by copyright
121or Database Rights whether in the original medium or any other; and
122includes without limitation distributing, copying, publicly performing,
123publicly displaying, and preparing derivative works of the Database, as
124well as modifying the Database as may be technically necessary to use it
125in a different mode or format.
126
127You Means a Person exercising rights under this License who has not
128previously violated the terms of this License with respect to the
129Database, or who has received express permission from the Licensor to
130exercise rights under this License despite a previous violation.
131
132Words in the singular include the plural and vice versa.
133
1342.0 What this License covers
1352.1. Legal effect of this document. This License is:
136
137 a. A license of applicable copyright and neighbouring rights;
138
139 b. A license of the Database Right; and
140
141 c. An agreement in contract between You and the Licensor.
142
1432.2 Legal rights covered. This License covers the legal rights in the
144Database, including:
145
146 a. Copyright. Any copyright or neighbouring rights in the Database.
147The copyright licensed includes any individual elements of the
148Database, but does not cover the copyright over the Contents
149independent of this Database. See Section 2.4 for details. Copyright
150law varies between jurisdictions, but is likely to cover: the Database
151model or schema, which is the structure, arrangement, and organisation
152of the Database, and can also include the Database tables and table
153indexes; the data entry and output sheets; and the Field names of
154Contents stored in the Database;
155
156 b. Database Rights. Database Rights only extend to the Extraction and
157Re-utilisation of the whole or a Substantial part of the Contents.
158Database Rights can apply even when there is no copyright over the
159 Database. Database Rights can also apply when the Contents are removed
160from the Database and are selected and arranged in a way that would
161not infringe any applicable copyright; and
162
163 c. Contract. This is an agreement between You and the Licensor for
164access to the Database. In return you agree to certain conditions of
165use on this access as outlined in this License.
166
1672.3 Rights not covered.
168
169 a. This License does not apply to computer programs used in the making
170or operation of the Database;
171
172 b. This License does not cover any patents over the Contents or the
173Database; and
174
175 c. This License does not cover any trademarks associated with the
176 Database.
177
1782.4 Relationship to Contents in the Database. The individual items of
179the Contents contained in this Database may be covered by other rights,
180including copyright, patent, data protection, privacy, or personality
181rights, and this License does not cover any rights (other than Database
182Rights or in contract) in individual Contents contained in the Database.
183For example, if used on a Database of images (the Contents), this
184License would not apply to copyright over individual images, which could
185have their own separate licenses, or one single license covering all of
186the rights over the images.
187
1883.0 Rights granted
1893.1 Subject to the terms and conditions of this License, the Licensor
190grants to You a worldwide, royalty-free, non-exclusive, terminable (but
191only under Section 9) license to Use the Database for the duration of
192any applicable copyright and Database Rights. These rights explicitly
193include commercial use, and do not exclude any field of endeavour. To
194the extent possible in the relevant jurisdiction, these rights may be
195exercised in all media and formats whether now known or created in the
196future.
197
198The rights granted cover, for example:
199
200 a. Extraction and Re-utilisation of the whole or a Substantial part of
201the Contents;
202
203 b. Creation of Derivative Databases;
204
205 c. Creation of Collective Databases;
206
207 d. Creation of temporary or permanent reproductions by any means and
208in any form, in whole or in part, including of any Derivative
209Databases or as a part of Collective Databases; and
210
211 e. Distribution, communication, display, lending, making available, or
212performance to the public by any means and in any form, in whole or in
213part, including of any Derivative Database or as a part of Collective
214 Databases.
215
2163.2 Compulsory license schemes. For the avoidance of doubt:
217
218 a. Non-waivable compulsory license schemes. In those jurisdictions in
219which the right to collect royalties through any statutory or
220compulsory licensing scheme cannot be waived, the Licensor reserves
221the exclusive right to collect such royalties for any exercise by You
222of the rights granted under this License;
223
224 b. Waivable compulsory license schemes. In those jurisdictions in
225which the right to collect royalties through any statutory or
226compulsory licensing scheme can be waived, the Licensor waives the
227exclusive right to collect such royalties for any exercise by You of
228the rights granted under this License; and,
229
230 c. Voluntary license schemes. The Licensor waives the right to collect
231royalties, whether individually or, in the event that the Licensor is
232a member of a collecting society that administers voluntary licensing
233schemes, via that society, from any exercise by You of the rights
234granted under this License.
235
2363.3 The right to release the Database under different terms, or to stop
237distributing or making available the Database, is reserved. Note that
238this Database may be multiple-licensed, and so You may have the choice
239of using alternative licenses for this Database. Subject to Section
24010.4, all other rights not expressly granted by Licensor are reserved.
241
2424.0 Conditions of Use
2434.1 The rights granted in Section 3 above are expressly made subject to
244Your complying with the following conditions of use. These are important
245conditions of this License, and if You fail to follow them, You will be
246in material breach of its terms.
247
2484.2 Notices. If You Publicly Convey this Database, any Derivative
249Database, or the Database as part of a Collective Database, then You
250must:
251
252 a. Do so only under the terms of this License or another license
253permitted under Section 4.4;
254
255 b. Include a copy of this License (or, as applicable, a license
256permitted under Section 4.4) or its Uniform Resource Identifier (URI)
257with the Database or Derivative Database, including both in the
258Database or Derivative Database and in any relevant documentation; and
259
260 c. Keep intact any copyright or Database Right notices and notices
261that refer to this License.
262
263 d. If it is not possible to put the required notices in a particular
264file due to its structure, then You must include the notices in a
265location (such as a relevant directory) where users would be likely to
266look for it.
267
2684.3 Notice for using output (Contents). Creating and Using a Produced
269Work does not require the notice in Section 4.2. However, if you
270Publicly Use a Produced Work, You must include a notice associated with
271the Produced Work reasonably calculated to make any Person that uses,
272views, accesses, interacts with, or is otherwise exposed to the Produced
273Work aware that Content was obtained from the Database, Derivative
274Database, or the Database as part of a Collective Database, and that it
275is available under this License.
276
277 a. Example notice. The following text will satisfy notice under
278Section 4.3:
279
280 Contains information from DATABASE NAME, which is made available
281 here under the Open Database License (ODbL).
282DATABASE NAME should be replaced with the name of the Database and a
283hyperlink to the URI of the Database. Open Database License should
284contain a hyperlink to the URI of the text of this License. If
285hyperlinks are not possible, You should include the plain text of the
286required URIs with the above notice.
287
2884.4 Share alike.
289
290 a. Any Derivative Database that You Publicly Use must be only under
291the terms of:
292
293 i. This License;
294
295 ii. A later version of this License similar in spirit to this
296License; or
297
298 iii. A compatible license.
299
300If You license the Derivative Database under one of the licenses
301mentioned in (iii), You must comply with the terms of that license.
302
303 b. For the avoidance of doubt, Extraction or Re-utilisation of the
304whole or a Substantial part of the Contents into a new database is a
305Derivative Database and must comply with Section 4.4.
306
307 c. Derivative Databases and Produced Works. A Derivative Database is
308Publicly Used and so must comply with Section 4.4. if a Produced Work
309created from the Derivative Database is Publicly Used.
310
311 d. Share Alike and additional Contents. For the avoidance of doubt,
312You must not add Contents to Derivative Databases under Section 4.4 a
313that are incompatible with the rights granted under this License.
314
315 e. Compatible licenses. Licensors may authorise a proxy to determine
316compatible licenses under Section 4.4 a iii. If they do so, the
317authorised proxys public statement of acceptance of a compatible
318license grants You permission to use the compatible license.
319
3204.5 Limits of Share Alike. The requirements of Section 4.4 do not apply
321in the following:
322
323 a. For the avoidance of doubt, You are not required to license
324Collective Databases under this License if You incorporate this
325Database or a Derivative Database in the collection, but this License
326still applies to this Database or a Derivative Database as a part of
327the Collective Database;
328
329 b. Using this Database, a Derivative Database, or this Database as
330part of a Collective Database to create a Produced Work does not
331create a Derivative Database for purposes of Section 4.4; and
332
333 c. Use of a Derivative Database internally within an organisation is
334not to the public and therefore does not fall under the requirements
335of Section 4.4.
336
3374.6 Access to Derivative Databases. If You Publicly Use a Derivative
338Database or a Produced Work from a Derivative Database, You must also
339offer to recipients of the Derivative Database or Produced Work a copy
340in a machine readable form of:
341
342 a. The entire Derivative Database; or
343
344 b. A file containing all of the alterations made to the Database or
345the method of making the alterations to the Database (such as an
346algorithm), including any additional Contents, that make up all the
347differences between the Database and the Derivative Database.
348
349The Derivative Database (under a.) or alteration file (under b.) must be
350available at no more than a reasonable production cost for physical
351distributions and free of charge if distributed over the internet.
352
3534.7 Technological measures and additional terms
354
355 a. This License does not allow You to impose (except subject to
356Section 4.7 b.) any terms or any technological measures on the
357Database, a Derivative Database, or the whole or a Substantial part of
358the Contents that alter or restrict the terms of this License, or any
359rights granted under it, or have the effect or intent of restricting
360the ability of any person to exercise those rights.
361
362 b. Parallel distribution. You may impose terms or technological
363measures on the Database, a Derivative Database, or the whole or a
364Substantial part of the Contents (a Restricted Database”) in
365contravention of Section 4.74 a. only if You also make a copy of the
366Database or a Derivative Database available to the recipient of the
367Restricted Database:
368
369 i. That is available without additional fee;
370
371 ii. That is available in a medium that does not alter or restrict
372the terms of this License, or any rights granted under it, or have
373the effect or intent of restricting the ability of any person to
374exercise those rights (an Unrestricted Database”); and
375
376 iii. The Unrestricted Database is at least as accessible to the
377recipient as a practical matter as the Restricted Database.
378
379 c. For the avoidance of doubt, You may place this Database or a
380Derivative Database in an authenticated environment, behind a
381password, or within a similar access control scheme provided that You
382do not alter or restrict the terms of this License or any rights
383granted under it or have the effect or intent of restricting the
384ability of any person to exercise those rights.
385
3864.8 Licensing of others. You may not sublicense the Database. Each time
387You communicate the Database, the whole or Substantial part of the
388Contents, or any Derivative Database to anyone else in any way, the
389Licensor offers to the recipient a license to the Database on the same
390terms and conditions as this License. You are not responsible for
391enforcing compliance by third parties with this License, but You may
392enforce any rights that You have over a Derivative Database. You are
393solely responsible for any modifications of a Derivative Database made
394by You or another Person at Your direction. You may not impose any
395further restrictions on the exercise of the rights granted or affirmed
396under this License.
397
3985.0 Moral rights
3995.1 Moral rights. This section covers moral rights, including any rights
400to be identified as the author of the Database or to object to treatment
401that would otherwise prejudice the authors honour and reputation, or
402any other derogatory treatment:
403
404 a. For jurisdictions allowing waiver of moral rights, Licensor waives
405all moral rights that Licensor may have in the Database to the fullest
406extent possible by the law of the relevant jurisdiction under Section
407 10.4;
408
409 b. If waiver of moral rights under Section 5.1 a in the relevant
410jurisdiction is not possible, Licensor agrees not to assert any moral
411rights over the Database and waives all claims in moral rights to the
412fullest extent possible by the law of the relevant jurisdiction under
413Section 10.4; and
414
415 c. For jurisdictions not allowing waiver or an agreement not to assert
416moral rights under Section 5.1 a and b, the author may retain their
417moral rights over certain aspects of the Database.
418
419Please note that some jurisdictions do not allow for the waiver of moral
420rights, and so moral rights may still subsist over the Database in some
421jurisdictions.
422
4236.0 Fair dealing, Database exceptions, and other rights not affected
4246.1 This License does not affect any rights that You or anyone else may
425independently have under any applicable law to make any use of this
426Database, including without limitation:
427
428 a. Exceptions to the Database Right including: Extraction of Contents
429from non-electronic Databases for private purposes, Extraction for
430purposes of illustration for teaching or scientific research, and
431Extraction or Re-utilisation for public security or an administrative
432or judicial procedure.
433
434 b. Fair dealing, fair use, or any other legally recognised limitation
435or exception to infringement of copyright or other applicable laws.
436
4376.2 This License does not affect any rights of lawful users to Extract
438and Re-utilise insubstantial parts of the Contents, evaluated
439quantitatively or qualitatively, for any purposes whatsoever, including
440creating a Derivative Database (subject to other rights over the
441Contents, see Section 2.4). The repeated and systematic Extraction or
442Re-utilisation of insubstantial parts of the Contents may however amount
443to the Extraction or Re-utilisation of a Substantial part of the
444Contents.
445
4467.0 Warranties and Disclaimer
4477.1 The Database is licensed by the Licensor as is and without any
448warranty of any kind, either express, implied, or arising by statute,
449custom, course of dealing, or trade usage. Licensor specifically
450disclaims any and all implied warranties or conditions of title,
451non-infringement, accuracy or completeness, the presence or absence of
452errors, fitness for a particular purpose, merchantability, or otherwise.
453Some jurisdictions do not allow the exclusion of implied warranties, so
454this exclusion may not apply to You.
455
4568.0 Limitation of liability
4578.1 Subject to any liability that may not be excluded or limited by law,
458the Licensor is not liable for, and expressly excludes, all liability
459for loss or damage however and whenever caused to anyone by any use
460under this License, whether by You or by anyone else, and whether caused
461by any fault on the part of the Licensor or not. This exclusion of
462liability includes, but is not limited to, any special, incidental,
463consequential, punitive, or exemplary damages such as loss of revenue,
464data, anticipated profits, and lost business. This exclusion applies
465even if the Licensor has been advised of the possibility of such
466damages.
467
4688.2 If liability may not be excluded by law, it is limited to actual and
469direct financial loss to the extent it is caused by proved negligence on
470the part of the Licensor.
471
4729.0 Termination of Your rights under this License
4739.1 Any breach by You of the terms and conditions of this License
474automatically terminates this License with immediate effect and without
475notice to You. For the avoidance of doubt, Persons who have received the
476Database, the whole or a Substantial part of the Contents, Derivative
477Databases, or the Database as part of a Collective Database from You
478under this License will not have their licenses terminated provided
479their use is in full compliance with this License or a license granted
480under Section 4.8 of this License. Sections 1, 2, 7, 8, 9 and 10 will
481survive any termination of this License.
482
4839.2 If You are not in breach of the terms of this License, the Licensor
484will not terminate Your rights under it.
485
4869.3 Unless terminated under Section 9.1, this License is granted to You
487for the duration of applicable rights in the Database.
488
4899.4 Reinstatement of rights. If you cease any breach of the terms and
490conditions of this License, then your full rights under this License
491will be reinstated:
492
493 a. Provisionally and subject to permanent termination until the 60th
494day after cessation of breach;
495
496 b. Permanently on the 60th day after cessation of breach unless
497otherwise reasonably notified by the Licensor; or
498
499 c. Permanently if reasonably notified by the Licensor of the
500violation, this is the first time You have received notice of
501violation of this License from the Licensor, and You cure the
502violation prior to 30 days after your receipt of the notice.
503
504Persons subject to permanent termination of rights are not eligible to
505be a recipient and receive a license under Section 4.8.
506
5079.5 Notwithstanding the above, Licensor reserves the right to release
508the Database under different license terms or to stop distributing or
509making available the Database. Releasing the Database under different
510license terms or stopping the distribution of the Database will not
511withdraw this License (or any other license that has been, or is
512required to be, granted under the terms of this License), and this
513License will continue in full force and effect unless terminated as
514stated above.
515
51610.0 General
51710.1 If any provision of this License is held to be invalid or
518unenforceable, that must not affect the validity or enforceability of
519the remainder of the terms and conditions of this License and each
520remaining provision of this License shall be valid and enforced to the
521fullest extent permitted by law.
522
52310.2 This License is the entire agreement between the parties with
524respect to the rights granted here over the Database. It replaces any
525earlier understandings, agreements or representations with respect to
526the Database.
527
52810.3 If You are in breach of the terms of this License, You will not be
529entitled to rely on the terms of this License or to complain of any
530breach by the Licensor.
531
53210.4 Choice of law. This License takes effect in and will be governed by
533the laws of the relevant jurisdiction in which the License terms are
534sought to be enforced. If the standard suite of rights granted under
535applicable copyright law and Database Rights in the relevant
536jurisdiction includes additional rights not granted under this License,
537these additional rights are granted in this License in order to meet the
538terms of this License.