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@ -29,30 +29,25 @@ limitations:
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---
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---
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Copyright [year] [fullname]
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---
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ODC Open Database License (ODbL) Preamble
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ODC Open Database License (ODbL) Preamble
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The Open Database License (ODbL) is a license agreement intended to allow
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The Open Database License (ODbL) is a license agreement intended to allow
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users to freely share, modify, and use this Database while maintaining this
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users to freely share, modify, and use this Database while maintaining this
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same freedom for others. Many databases are covered by copyright, and
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same freedom for others. Many databases are covered by copyright, and therefore
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therefore this document licenses these rights. Some jurisdictions, mainly in
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this document licenses these rights. Some jurisdictions, mainly in the European
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the European Union, have specific rights that cover databases, and so the
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Union, have specific rights that cover databases, and so the ODbL addresses
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ODbL addresses these rights, too. Finally, the ODbL is also an agreement in
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these rights, too. Finally, the ODbL is also an agreement in contract for
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contract for users of this Database to act in certain ways in return for
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users of this Database to act in certain ways in return for accessing this
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accessing this Database.
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Database.
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Databases can contain a wide variety of types of content (images, audiovisual
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Databases can contain a wide variety of types of content (images, audiovisual
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material, and sounds all in the same database, for example), and so the ODbL
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material, and sounds all in the same database, for example), and so the ODbL
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only governs the rights over the Database, and not the contents of the
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only governs the rights over the Database, and not the contents of the Database
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Database individually. Licensors should use the ODbL together with another
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individually. Licensors should use the ODbL together with another license
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license for the contents, if the contents have a single set of rights that
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for the contents, if the contents have a single set of rights that uniformly
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uniformly covers all of the contents. If the contents have multiple sets of
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covers all of the contents. If the contents have multiple sets of different
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different rights, Licensors should describe what rights govern what contents
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rights, Licensors should describe what rights govern what contents together
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together in the individual record or in some other way that clarifies what
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in the individual record or in some other way that clarifies what rights apply.
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rights apply.
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Sometimes the contents of a database, or the database itself, can be covered
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Sometimes the contents of a database, or the database itself, can be covered
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by other rights not addressed here (such as private contracts, trade mark
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by other rights not addressed here (such as private contracts, trade mark
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@ -74,21 +69,21 @@ agree as follows:
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1.0 Definitions of Capitalised Words
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1.0 Definitions of Capitalised Words
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"Collective Database" - Means this Database in unmodified form as part of
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"Collective Database" - Means this Database in unmodified form as part of
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a collection of independent databases in themselves that together are
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a collection of independent databases in themselves that together are assembled
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assembled into a collective whole. A work that constitutes a Collective
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into a collective whole. A work that constitutes a Collective Database will
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Database will not be considered a Derivative Database.
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not be considered a Derivative Database.
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"Convey" - As a verb, means Using the Database, a Derivative Database, or
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"Convey" - As a verb, means Using the Database, a Derivative Database, or
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the Database as part of a Collective Database in any way that enables a
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the Database as part of a Collective Database in any way that enables a Person
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Person to make or receive copies of the Database or a Derivative Database.
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to make or receive copies of the Database or a Derivative Database. Conveying
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Conveying does not include interaction with a user through a computer
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does not include interaction with a user through a computer network, or creating
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network, or creating and Using a Produced Work, where no transfer of a copy
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and Using a Produced Work, where no transfer of a copy of the Database or
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of the Database or a Derivative Database occurs.
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a Derivative Database occurs.
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"Contents" - The contents of this Database, which includes the information,
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"Contents" - The contents of this Database, which includes the information,
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independent works, or other material collected into the Database. For
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independent works, or other material collected into the Database. For example,
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example, the contents of the Database could be factual data or works such as
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the contents of the Database could be factual data or works such as images,
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images, audiovisual material, text, or sounds.
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audiovisual material, text, or sounds.
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"Database" - A collection of material (the Contents) arranged in a systematic
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"Database" - A collection of material (the Contents) arranged in a systematic
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or methodical way and individually accessible by electronic or other means
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or methodical way and individually accessible by electronic or other means
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@ -98,21 +93,20 @@ offered under the terms of this License.
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and of the Council of 11 March 1996 on the legal protection of databases,
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and of the Council of 11 March 1996 on the legal protection of databases,
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as amended or succeeded.
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as amended or succeeded.
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"Database Right" - Means rights resulting from the Chapter III ("sui
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"Database Right" - Means rights resulting from the Chapter III ("sui generis")
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generis") rights in the Database Directive (as amended and as transposed by
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rights in the Database Directive (as amended and as transposed by member states),
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member states), which includes the Extraction and Re-utilisation of the whole
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which includes the Extraction and Re-utilisation of the whole or a Substantial
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or a Substantial part of the Contents, as well as any similar rights
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part of the Contents, as well as any similar rights available in the relevant
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available in the relevant jurisdiction under Section 10.4.
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jurisdiction under Section 10.4.
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"Derivative Database" - Means a database based upon the Database, and
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"Derivative Database" - Means a database based upon the Database, and includes
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includes any translation, adaptation, arrangement, modification, or any other
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any translation, adaptation, arrangement, modification, or any other alteration
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alteration of the Database or of a Substantial part of the Contents. This
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of the Database or of a Substantial part of the Contents. This includes, but
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includes, but is not limited to, Extracting or Re-utilising the whole or a
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is not limited to, Extracting or Re-utilising the whole or a Substantial part
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Substantial part of the Contents in a new Database.
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of the Contents in a new Database.
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"Extraction" - Means the permanent or temporary transfer of all or a
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"Extraction" - Means the permanent or temporary transfer of all or a Substantial
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Substantial part of the Contents to another medium by any means or in any
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part of the Contents to another medium by any means or in any form.
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form.
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"License" - Means this license agreement and is both a license of rights such
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"License" - Means this license agreement and is both a license of rights such
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as copyright and Database Rights and an agreement in contract.
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as copyright and Database Rights and an agreement in contract.
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@ -136,22 +130,21 @@ contracting with an independent consultant).
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a Substantial part of the Contents by the distribution of copies, by renting,
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a Substantial part of the Contents by the distribution of copies, by renting,
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by online or other forms of transmission.
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by online or other forms of transmission.
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"Substantial" - Means substantial in terms of quantity or quality or a
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"Substantial" - Means substantial in terms of quantity or quality or a combination
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combination of both. The repeated and systematic Extraction or
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of both. The repeated and systematic Extraction or Re-utilisation of insubstantial
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Re-utilisation of insubstantial parts of the Contents may amount to the
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parts of the Contents may amount to the Extraction or Re-utilisation of a
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Extraction or Re-utilisation of a Substantial part of the Contents.
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Substantial part of the Contents.
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"Use" - As a verb, means doing any act that is restricted by copyright or
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"Use" - As a verb, means doing any act that is restricted by copyright or
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Database Rights whether in the original medium or any other; and includes
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Database Rights whether in the original medium or any other; and includes
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without limitation distributing, copying, publicly performing, publicly
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without limitation distributing, copying, publicly performing, publicly displaying,
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displaying, and preparing derivative works of the Database, as well as
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and preparing derivative works of the Database, as well as modifying the Database
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modifying the Database as may be technically necessary to use it in a
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as may be technically necessary to use it in a different mode or format.
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different mode or format.
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"You" - Means a Person exercising rights under this License who has not
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"You" - Means a Person exercising rights under this License who has not previously
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previously violated the terms of this License with respect to the Database,
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violated the terms of this License with respect to the Database, or who has
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or who has received express permission from the Licensor to exercise rights
|
received express permission from the Licensor to exercise rights under this
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under this License despite a previous violation.
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License despite a previous violation.
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Words in the singular include the plural and vice versa.
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Words in the singular include the plural and vice versa.
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@ -165,24 +158,23 @@ under this License despite a previous violation.
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c. An agreement in contract between You and the Licensor.
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c. An agreement in contract between You and the Licensor.
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2.2 Legal rights covered. This License covers the legal rights in the
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2.2 Legal rights covered. This License covers the legal rights in the Database,
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Database, including:
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including:
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a. Copyright. Any copyright or neighbouring rights in the Database. The
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a. Copyright. Any copyright or neighbouring rights in the Database. The copyright
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copyright licensed includes any individual elements of the Database, but does
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licensed includes any individual elements of the Database, but does not cover
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not cover the copyright over the Contents independent of this Database. See
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the copyright over the Contents independent of this Database. See Section
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Section 2.4 for details. Copyright law varies between jurisdictions, but is
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2.4 for details. Copyright law varies between jurisdictions, but is likely
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likely to cover: the Database model or schema, which is the structure,
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to cover: the Database model or schema, which is the structure, arrangement,
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arrangement, and organisation of the Database, and can also include the
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and organisation of the Database, and can also include the Database tables
|
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Database tables and table indexes; the data entry and output sheets; and the
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and table indexes; the data entry and output sheets; and the Field names of
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Field names of Contents stored in the Database;
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Contents stored in the Database;
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b. Database Rights. Database Rights only extend to the Extraction and
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b. Database Rights. Database Rights only extend to the Extraction and Re-utilisation
|
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Re-utilisation of the whole or a Substantial part of the Contents. Database
|
of the whole or a Substantial part of the Contents. Database Rights can apply
|
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Rights can apply even when there is no copyright over the Database. Database
|
even when there is no copyright over the Database. Database Rights can also
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Rights can also apply when the Contents are removed from the Database and are
|
apply when the Contents are removed from the Database and are selected and
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selected and arranged in a way that would not infringe any applicable
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arranged in a way that would not infringe any applicable copyright; and
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copyright; and
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c. Contract. This is an agreement between You and the Licensor for access
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c. Contract. This is an agreement between You and the Licensor for access
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to the Database. In return you agree to certain conditions of use on this
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to the Database. In return you agree to certain conditions of use on this
|
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@ -203,9 +195,9 @@ Contents contained in this Database may be covered by other rights, including
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copyright, patent, data protection, privacy, or personality rights, and this
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copyright, patent, data protection, privacy, or personality rights, and this
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License does not cover any rights (other than Database Rights or in contract)
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License does not cover any rights (other than Database Rights or in contract)
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in individual Contents contained in the Database. For example, if used on
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in individual Contents contained in the Database. For example, if used on
|
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a Database of images (the Contents), this License would not apply to
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a Database of images (the Contents), this License would not apply to copyright
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copyright over individual images, which could have their own separate
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over individual images, which could have their own separate licenses, or one
|
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licenses, or one single license covering all of the rights over the images.
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single license covering all of the rights over the images.
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3.0 Rights granted
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3.0 Rights granted
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@ -230,42 +222,39 @@ d. Creation of temporary or permanent reproductions by any means and in any
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form, in whole or in part, including of any Derivative Databases or as a part
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form, in whole or in part, including of any Derivative Databases or as a part
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of Collective Databases; and
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of Collective Databases; and
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e. Distribution, communication, display, lending, making available, or
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e. Distribution, communication, display, lending, making available, or performance
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performance to the public by any means and in any form, in whole or in part,
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to the public by any means and in any form, in whole or in part, including
|
||||||
including of any Derivative Database or as a part of Collective Databases.
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of any Derivative Database or as a part of Collective Databases.
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|
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3.2 Compulsory license schemes. For the avoidance of doubt:
|
3.2 Compulsory license schemes. For the avoidance of doubt:
|
||||||
|
|
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a. Non-waivable compulsory license schemes. In those jurisdictions in which
|
a. Non-waivable compulsory license schemes. In those jurisdictions in which
|
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the right to collect royalties through any statutory or compulsory licensing
|
the right to collect royalties through any statutory or compulsory licensing
|
||||||
scheme cannot be waived, the Licensor reserves the exclusive right to collect
|
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
|
such royalties for any exercise by You of the rights granted under this License;
|
||||||
License;
|
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|
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b. Waivable compulsory license schemes. In those jurisdictions in which the
|
b. Waivable compulsory license schemes. In those jurisdictions in which the
|
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right to collect royalties through any statutory or compulsory licensing
|
right to collect royalties through any statutory or compulsory licensing scheme
|
||||||
scheme can be waived, the Licensor waives the exclusive right to collect such
|
can be waived, the Licensor waives the exclusive right to collect such royalties
|
||||||
royalties for any exercise by You of the rights granted under this License;
|
for any exercise by You of the rights granted under this License; and,
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and,
|
|
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|
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c. Voluntary license schemes. The Licensor waives the right to collect
|
c. Voluntary license schemes. The Licensor waives the right to collect royalties,
|
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royalties, whether individually or, in the event that the Licensor is a
|
whether individually or, in the event that the Licensor is a member of a collecting
|
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member of a collecting society that administers voluntary licensing schemes,
|
society that administers voluntary licensing schemes, via that society, from
|
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via that society, from any exercise by You of the rights granted under this
|
any exercise by You of the rights granted under this License.
|
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License.
|
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|
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3.3 The right to release the Database under different terms, or to stop
|
3.3 The right to release the Database under different terms, or to stop distributing
|
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distributing or making available the Database, is reserved. Note that this
|
or making available the Database, is reserved. Note that this Database may
|
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Database may be multiple-licensed, and so You may have the choice of using
|
be multiple-licensed, and so You may have the choice of using alternative
|
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alternative licenses for this Database. Subject to Section 10.4, all other
|
licenses for this Database. Subject to Section 10.4, all other rights not
|
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rights not expressly granted by Licensor are reserved.
|
expressly granted by Licensor are reserved.
|
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|
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4.0 Conditions of Use
|
4.0 Conditions of Use
|
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|
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4.1 The rights granted in Section 3 above are expressly made subject to Your
|
4.1 The rights granted in Section 3 above are expressly made subject to Your
|
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complying with the following conditions of use. These are important
|
complying with the following conditions of use. These are important conditions
|
||||||
conditions of this License, and if You fail to follow them, You will be in
|
of this License, and if You fail to follow them, You will be in material breach
|
||||||
material breach of its terms.
|
of its terms.
|
||||||
|
|
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4.2 Notices. If You Publicly Convey this Database, any Derivative Database,
|
4.2 Notices. If You Publicly Convey this Database, any Derivative Database,
|
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or the Database as part of a Collective Database, then You must:
|
or the Database as part of a Collective Database, then You must:
|
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@ -288,22 +277,20 @@ as a relevant directory) where users would be likely to look for it.
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4.3 Notice for using output (Contents). Creating and Using a Produced Work
|
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
|
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
|
Produced Work, You must include a notice associated with the Produced Work
|
||||||
reasonably calculated to make any Person that uses, views, accesses,
|
reasonably calculated to make any Person that uses, views, accesses, interacts
|
||||||
interacts with, or is otherwise exposed to the Produced Work aware that
|
with, or is otherwise exposed to the Produced Work aware that Content was
|
||||||
Content was obtained from the Database, Derivative Database, or the Database
|
obtained from the Database, Derivative Database, or the Database as part of
|
||||||
as part of a Collective Database, and that it is available under this
|
a Collective Database, and that it is available under this License.
|
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License.
|
|
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|
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a. Example notice. The following text will satisfy notice under Section 4.3:
|
a. Example notice. The following text will satisfy notice under Section 4.3:
|
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|
|
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Contains information from DATABASE NAME, which is made available here under
|
Contains information from DATABASE NAME, which is made available here under
|
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the Open Database License (ODbL).
|
the Open Database License (ODbL).
|
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|
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DATABASE NAME should be replaced with the name of the Database and a
|
DATABASE NAME should be replaced with the name of the Database and a hyperlink
|
||||||
hyperlink to the URI of the Database. "Open Database License" should contain
|
to the URI of the Database. "Open Database License" should contain a hyperlink
|
||||||
a hyperlink to the URI of the text of this License. If hyperlinks are not
|
to the URI of the text of this License. If hyperlinks are not possible, You
|
||||||
possible, You should include the plain text of the required URI's with the
|
should include the plain text of the required URI's with the above notice.
|
||||||
above notice.
|
|
||||||
|
|
||||||
4.4 Share alike.
|
4.4 Share alike.
|
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|
|
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@ -320,21 +307,21 @@ If You license the Derivative Database under one of the licenses mentioned
|
|||||||
in (iii), You must comply with the terms of that license.
|
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
|
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
|
a Substantial part of the Contents into a new database is a Derivative Database
|
||||||
Database and must comply with Section 4.4.
|
and must comply with Section 4.4.
|
||||||
|
|
||||||
c. Derivative Databases and Produced Works. A Derivative Database is Publicly
|
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
|
Used and so must comply with Section 4.4. if a Produced Work created from
|
||||||
the Derivative Database is Publicly Used.
|
the Derivative Database is Publicly Used.
|
||||||
|
|
||||||
d. Share Alike and additional Contents. For the avoidance of doubt, You must
|
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
|
not add Contents to Derivative Databases under Section 4.4 a that are incompatible
|
||||||
incompatible with the rights granted under this License.
|
with the rights granted under this License.
|
||||||
|
|
||||||
e. Compatible licenses. Licensors may authorise a proxy to determine
|
e. Compatible licenses. Licensors may authorise a proxy to determine compatible
|
||||||
compatible licenses under Section 4.4 a iii. If they do so, the authorised
|
licenses under Section 4.4 a iii. If they do so, the authorised proxy's public
|
||||||
proxy's public statement of acceptance of a compatible license grants You
|
statement of acceptance of a compatible license grants You permission to use
|
||||||
permission to use the compatible license.
|
the compatible license.
|
||||||
|
|
||||||
4.5 Limits of Share Alike. The requirements of Section 4.4 do not apply in
|
4.5 Limits of Share Alike. The requirements of Section 4.4 do not apply in
|
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the following:
|
the following:
|
||||||
@ -352,20 +339,20 @@ 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.
|
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
|
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
|
or a Produced Work from a Derivative Database, You must also offer to recipients
|
||||||
recipients of the Derivative Database or Produced Work a copy in a machine
|
of the Derivative Database or Produced Work a copy in a machine readable form
|
||||||
readable form of:
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of:
|
||||||
|
|
||||||
a. The entire Derivative Database; or
|
a. The entire Derivative Database; or
|
||||||
|
|
||||||
b. A file containing all of the alterations made to the Database or the
|
b. A file containing all of the alterations made to the Database or the method
|
||||||
method of making the alterations to the Database (such as an algorithm),
|
of making the alterations to the Database (such as an algorithm), including
|
||||||
including any additional Contents, that make up all the differences between
|
any additional Contents, that make up all the differences between the Database
|
||||||
the Database and the Derivative Database.
|
and the Derivative Database.
|
||||||
|
|
||||||
The Derivative Database (under a.) or alteration file (under b.) must be
|
The Derivative Database (under a.) or alteration file (under b.) must be available
|
||||||
available at no more than a reasonable production cost for physical
|
at no more than a reasonable production cost for physical distributions and
|
||||||
distributions and free of charge if distributed over the internet.
|
free of charge if distributed over the internet.
|
||||||
|
|
||||||
4.7 Technological measures and additional terms
|
4.7 Technological measures and additional terms
|
||||||
|
|
||||||
@ -379,35 +366,35 @@ those rights.
|
|||||||
b. Parallel distribution. You may impose terms or technological measures on
|
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 Database, a Derivative Database, or the whole or a Substantial part of
|
||||||
the Contents (a "Restricted Database") in contravention of Section 4.74 a.
|
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
|
only if You also make a copy of the Database or a Derivative Database available
|
||||||
available to the recipient of the Restricted Database:
|
to the recipient of the Restricted Database:
|
||||||
|
|
||||||
i. That is available without additional fee;
|
i. That is available without additional fee;
|
||||||
|
|
||||||
ii. That is available in a medium that does not alter or restrict the terms
|
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 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
|
of restricting the ability of any person to exercise those rights (an "Unrestricted
|
||||||
"Unrestricted Database"); and
|
Database"); and
|
||||||
|
|
||||||
iii. The Unrestricted Database is at least as accessible to the recipient
|
iii. The Unrestricted Database is at least as accessible to the recipient
|
||||||
as a practical matter as the Restricted Database.
|
as a practical matter as the Restricted Database.
|
||||||
|
|
||||||
c. For the avoidance of doubt, You may place this Database or a Derivative
|
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
|
Database in an authenticated environment, behind a password, or within a similar
|
||||||
similar access control scheme provided that You do not alter or restrict the
|
access control scheme provided that You do not alter or restrict the terms
|
||||||
terms of this License or any rights granted under it or have the effect or
|
of this License or any rights granted under it or have the effect or intent
|
||||||
intent of restricting the ability of any person to exercise those rights.
|
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
|
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
|
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
|
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
|
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
|
this License. You are not responsible for enforcing compliance by third parties
|
||||||
parties with this License, but You may enforce any rights that You have over
|
with this License, but You may enforce any rights that You have over a Derivative
|
||||||
a Derivative Database. You are solely responsible for any modifications of a
|
Database. You are solely responsible for any modifications of a Derivative
|
||||||
Derivative Database made by You or another Person at Your direction. You may
|
Database made by You or another Person at Your direction. You may not impose
|
||||||
not impose any further restrictions on the exercise of the rights granted or
|
any further restrictions on the exercise of the rights granted or affirmed
|
||||||
affirmed under this License.
|
under this License.
|
||||||
|
|
||||||
5.0 Moral rights
|
5.0 Moral rights
|
||||||
|
|
||||||
@ -421,31 +408,30 @@ 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;
|
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
|
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
|
is not possible, Licensor agrees not to assert any moral rights over the Database
|
||||||
Database and waives all claims in moral rights to the fullest extent possible
|
and waives all claims in moral rights to the fullest extent possible by the
|
||||||
by the law of the relevant jurisdiction under Section 10.4; and
|
law of the relevant jurisdiction under Section 10.4; and
|
||||||
|
|
||||||
c. For jurisdictions not allowing waiver or an agreement not to assert moral
|
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
|
rights under Section 5.1 a and b, the author may retain their moral rights
|
||||||
over certain aspects of the Database.
|
over certain aspects of the Database.
|
||||||
|
|
||||||
Please note that some jurisdictions do not allow for the waiver of moral
|
Please note that some jurisdictions do not allow for the waiver of moral rights,
|
||||||
rights, and so moral rights may still subsist over the Database in some
|
and so moral rights may still subsist over the Database in some jurisdictions.
|
||||||
jurisdictions.
|
|
||||||
|
|
||||||
6.0 Fair dealing, Database exceptions, and other rights not affected
|
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
|
6.1 This License does not affect any rights that You or anyone else may independently
|
||||||
independently have under any applicable law to make any use of this
|
have under any applicable law to make any use of this Database, including
|
||||||
Database, including without limitation:
|
without limitation:
|
||||||
|
|
||||||
a. Exceptions to the Database Right including: Extraction of Contents from
|
a. Exceptions to the Database Right including: Extraction of Contents from
|
||||||
non-electronic Databases for private purposes, Extraction for purposes of
|
non-electronic Databases for private purposes, Extraction for purposes of
|
||||||
illustration for teaching or scientific research, and Extraction or Re-
|
illustration for teaching or scientific research, and Extraction or Re-utilisation
|
||||||
utilisation for public security or an administrative or judicial procedure.
|
for public security or an administrative or judicial procedure.
|
||||||
|
|
||||||
b. Fair dealing, fair use, or any other legally recognised limitation or
|
b. Fair dealing, fair use, or any other legally recognised limitation or exception
|
||||||
exception to infringement of copyright or other applicable laws.
|
to infringement of copyright or other applicable laws.
|
||||||
|
|
||||||
6.2 This License does not affect any rights of lawful users to Extract and
|
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
|
Re-utilise insubstantial parts of the Contents, evaluated quantitatively or
|
||||||
@ -459,39 +445,38 @@ a Substantial part of the Contents.
|
|||||||
|
|
||||||
7.1 The Database is licensed by the Licensor "as is" and without any warranty
|
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 any kind, either express, implied, or arising by statute, custom, course
|
||||||
of dealing, or trade usage. Licensor specifically disclaims any and all
|
of dealing, or trade usage. Licensor specifically disclaims any and all implied
|
||||||
implied warranties or conditions of title, non-infringement, accuracy or
|
warranties or conditions of title, non-infringement, accuracy or completeness,
|
||||||
completeness, the presence or absence of errors, fitness for a particular
|
the presence or absence of errors, fitness for a particular purpose, merchantability,
|
||||||
purpose, merchantability, or otherwise. Some jurisdictions do not allow the
|
or otherwise. Some jurisdictions do not allow the exclusion of implied warranties,
|
||||||
exclusion of implied warranties, so this exclusion may not apply to You.
|
so this exclusion may not apply to You.
|
||||||
|
|
||||||
8.0 Limitation of liability
|
8.0 Limitation of liability
|
||||||
|
|
||||||
8.1 Subject to any liability that may not be excluded or limited by law, the
|
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
|
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
|
or damage however and whenever caused to anyone by any use under this License,
|
||||||
License, whether by You or by anyone else, and whether caused by any fault on
|
whether by You or by anyone else, and whether caused by any fault on the part
|
||||||
the part of the Licensor or not. This exclusion of liability includes, but is
|
of the Licensor or not. This exclusion of liability includes, but is not limited
|
||||||
not limited to, any special, incidental, consequential, punitive, or
|
to, any special, incidental, consequential, punitive, or exemplary damages
|
||||||
exemplary damages such as loss of revenue, data, anticipated profits, and
|
such as loss of revenue, data, anticipated profits, and lost business. This
|
||||||
lost business. This exclusion applies even if the Licensor has been advised
|
exclusion applies even if the Licensor has been advised of the possibility
|
||||||
of the possibility of such damages.
|
of such damages.
|
||||||
|
|
||||||
8.2 If liability may not be excluded by law, it is limited to actual and
|
8.2 If liability may not be excluded by law, it is limited to actual and direct
|
||||||
direct financial loss to the extent it is caused by proved negligence on the
|
financial loss to the extent it is caused by proved negligence on the part
|
||||||
part of the Licensor.
|
of the Licensor.
|
||||||
|
|
||||||
9.0 Termination of Your rights under this License
|
9.0 Termination of Your rights under this License
|
||||||
|
|
||||||
9.1 Any breach by You of the terms and conditions of this License
|
9.1 Any breach by You of the terms and conditions of this License automatically
|
||||||
automatically terminates this License with immediate effect and without
|
terminates this License with immediate effect and without notice to You. For
|
||||||
notice to You. For the avoidance of doubt, Persons who have received the
|
the avoidance of doubt, Persons who have received the Database, the whole
|
||||||
Database, the whole or a Substantial part of the Contents, Derivative
|
or a Substantial part of the Contents, Derivative Databases, or the Database
|
||||||
Databases, or the Database as part of a Collective Database from You under
|
as part of a Collective Database from You under this License will not have
|
||||||
this License will not have their licenses terminated provided their use is in
|
their licenses terminated provided their use is in full compliance with this
|
||||||
full compliance with this License or a license granted under Section 4.8 of
|
License or a license granted under Section 4.8 of this License. Sections 1,
|
||||||
this License. Sections 1, 2, 7, 8, 9 and 10 will survive any termination of
|
2, 7, 8, 9 and 10 will survive any termination of this License.
|
||||||
this License.
|
|
||||||
|
|
||||||
9.2 If You are not in breach of the terms of this License, the Licensor will
|
9.2 If You are not in breach of the terms of this License, the Licensor will
|
||||||
not terminate Your rights under it.
|
not terminate Your rights under it.
|
||||||
@ -499,12 +484,11 @@ not terminate Your rights under it.
|
|||||||
9.3 Unless terminated under Section 9.1, this License is granted to You for
|
9.3 Unless terminated under Section 9.1, this License is granted to You for
|
||||||
the duration of applicable rights in the Database.
|
the duration of applicable rights in the Database.
|
||||||
|
|
||||||
9.4 Reinstatement of rights. If you cease any breach of the terms and
|
9.4 Reinstatement of rights. If you cease any breach of the terms and conditions
|
||||||
conditions of this License, then your full rights under this License will be
|
of this License, then your full rights under this License will be reinstated:
|
||||||
reinstated:
|
|
||||||
|
|
||||||
a. Provisionally and subject to permanent termination until the 60th day
|
a. Provisionally and subject to permanent termination until the 60th day after
|
||||||
after cessation of breach;
|
cessation of breach;
|
||||||
|
|
||||||
b. Permanently on the 60th day after cessation of breach unless otherwise
|
b. Permanently on the 60th day after cessation of breach unless otherwise
|
||||||
reasonably notified by the Licensor; or
|
reasonably notified by the Licensor; or
|
||||||
@ -518,12 +502,12 @@ Persons subject to permanent termination of rights are not eligible to be
|
|||||||
a recipient and receive a license under Section 4.8.
|
a recipient and receive a license under Section 4.8.
|
||||||
|
|
||||||
9.5 Notwithstanding the above, Licensor reserves the right to release the
|
9.5 Notwithstanding the above, Licensor reserves the right to release the
|
||||||
Database under different license terms or to stop distributing or making
|
Database under different license terms or to stop distributing or making available
|
||||||
available the Database. Releasing the Database under different license terms
|
the Database. Releasing the Database under different license terms or stopping
|
||||||
or stopping the distribution of the Database will not withdraw this License
|
the distribution of the Database will not withdraw this License (or any other
|
||||||
(or any other license that has been, or is required to be, granted under the
|
license that has been, or is required to be, granted under the terms of this
|
||||||
terms of this License), and this License will continue in full force and
|
License), and this License will continue in full force and effect unless terminated
|
||||||
effect unless terminated as stated above.
|
as stated above.
|
||||||
|
|
||||||
10.0 General
|
10.0 General
|
||||||
|
|
||||||
@ -533,16 +517,15 @@ 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.
|
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
|
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
|
to the rights granted here over the Database. It replaces any earlier understandings,
|
||||||
understandings, agreements or representations with respect to the Database.
|
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
|
10.3 If You are in breach of the terms of this License, You will not be entitled
|
||||||
entitled to rely on the terms of this License or to complain of any breach by
|
to rely on the terms of this License or to complain of any breach by the Licensor.
|
||||||
the Licensor.
|
|
||||||
|
|
||||||
10.4 Choice of law. This License takes effect in and will be governed by the
|
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
|
laws of the relevant jurisdiction in which the License terms are sought to
|
||||||
be enforced. If the standard suite of rights granted under applicable
|
be enforced. If the standard suite of rights granted under applicable copyright
|
||||||
copyright law and Database Rights in the relevant jurisdiction includes
|
law and Database Rights in the relevant jurisdiction includes additional rights
|
||||||
additional rights not granted under this License, these additional rights are
|
not granted under this License, these additional rights are granted in this
|
||||||
granted in this License in order to meet the terms of this License.
|
License in order to meet the terms of this License.
|
||||||
|
Loading…
x
Reference in New Issue
Block a user