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@ -29,30 +29,25 @@ limitations:
--- ---
Copyright [year] [fullname]
---
ODC Open Database License (ODbL) Preamble ODC Open Database License (ODbL) Preamble
The Open Database License (ODbL) is a license agreement intended to allow The Open Database License (ODbL) is a license agreement intended to allow
users to freely share, modify, and use this Database while maintaining this users to freely share, modify, and use this Database while maintaining this
same freedom for others. Many databases are covered by copyright, and same freedom for others. Many databases are covered by copyright, and therefore
therefore this document licenses these rights. Some jurisdictions, mainly in this document licenses these rights. Some jurisdictions, mainly in the European
the European Union, have specific rights that cover databases, and so the Union, have specific rights that cover databases, and so the ODbL addresses
ODbL addresses these rights, too. Finally, the ODbL is also an agreement in these rights, too. Finally, the ODbL is also an agreement in contract for
contract for users of this Database to act in certain ways in return for users of this Database to act in certain ways in return for accessing this
accessing this Database. Database.
Databases can contain a wide variety of types of content (images, audiovisual 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 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 only governs the rights over the Database, and not the contents of the Database
Database individually. Licensors should use the ODbL together with another individually. Licensors should use the ODbL together with another license
license for the contents, if the contents have a single set of rights that for the contents, if the contents have a single set of rights that uniformly
uniformly covers all of the contents. If the contents have multiple sets of covers all of the contents. If the contents have multiple sets of different
different rights, Licensors should describe what rights govern what contents rights, Licensors should describe what rights govern what contents together
together in the individual record or in some other way that clarifies what in the individual record or in some other way that clarifies what rights apply.
rights apply.
Sometimes the contents of a database, or the database itself, can be covered 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 by other rights not addressed here (such as private contracts, trade mark
@ -74,21 +69,21 @@ agree as follows:
1.0 Definitions of Capitalised Words 1.0 Definitions of Capitalised Words
"Collective Database" - Means this Database in unmodified form as part of "Collective Database" - Means this Database in unmodified form as part of
a collection of independent databases in themselves that together are a collection of independent databases in themselves that together are assembled
assembled into a collective whole. A work that constitutes a Collective into a collective whole. A work that constitutes a Collective Database will
Database will not be considered a Derivative Database. not be considered a Derivative Database.
"Convey" - As a verb, means Using the Database, a Derivative Database, or "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 the Database as part of a Collective Database in any way that enables a Person
Person to make or receive copies of the Database or a Derivative Database. to make or receive copies of the Database or a Derivative Database. Conveying
Conveying does not include interaction with a user through a computer does not include interaction with a user through a computer network, or creating
network, or creating and Using a Produced Work, where no transfer of a copy and Using a Produced Work, where no transfer of a copy of the Database or
of the Database or a Derivative Database occurs. a Derivative Database occurs.
"Contents" - The contents of this Database, which includes the information, "Contents" - The contents of this Database, which includes the information,
independent works, or other material collected into the Database. For independent works, or other material collected into the Database. For example,
example, the contents of the Database could be factual data or works such as the contents of the Database could be factual data or works such as images,
images, audiovisual material, text, or sounds. audiovisual material, text, or sounds.
"Database" - A collection of material (the Contents) arranged in a systematic "Database" - A collection of material (the Contents) arranged in a systematic
or methodical way and individually accessible by electronic or other means or methodical way and individually accessible by electronic or other means
@ -98,21 +93,20 @@ offered under the terms of this License.
and of the Council of 11 March 1996 on the legal protection of databases, and of the Council of 11 March 1996 on the legal protection of databases,
as amended or succeeded. as amended or succeeded.
"Database Right" - Means rights resulting from the Chapter III ("sui "Database Right" - Means rights resulting from the Chapter III ("sui generis")
generis") rights in the Database Directive (as amended and as transposed by rights in the Database Directive (as amended and as transposed by member states),
member states), which includes the Extraction and Re-utilisation of the whole which includes the Extraction and Re-utilisation of the whole or a Substantial
or a Substantial part of the Contents, as well as any similar rights part of the Contents, as well as any similar rights available in the relevant
available in the relevant jurisdiction under Section 10.4. jurisdiction under Section 10.4.
"Derivative Database" - Means a database based upon the Database, and "Derivative Database" - Means a database based upon the Database, and includes
includes any translation, adaptation, arrangement, modification, or any other any translation, adaptation, arrangement, modification, or any other alteration
alteration of the Database or of a Substantial part of the Contents. This of the Database or of a Substantial part of the Contents. This includes, but
includes, but is not limited to, Extracting or Re-utilising the whole or a is not limited to, Extracting or Re-utilising the whole or a Substantial part
Substantial part of the Contents in a new Database. of the Contents in a new Database.
"Extraction" - Means the permanent or temporary transfer of all or a "Extraction" - Means the permanent or temporary transfer of all or a Substantial
Substantial part of the Contents to another medium by any means or in any part of the Contents to another medium by any means or in any form.
form.
"License" - Means this license agreement and is both a license of rights such "License" - Means this license agreement and is both a license of rights such
as copyright and Database Rights and an agreement in contract. as copyright and Database Rights and an agreement in contract.
@ -136,22 +130,21 @@ contracting with an independent consultant).
a Substantial part of the Contents by the distribution of copies, by renting, a Substantial part of the Contents by the distribution of copies, by renting,
by online or other forms of transmission. by online or other forms of transmission.
"Substantial" - Means substantial in terms of quantity or quality or a "Substantial" - Means substantial in terms of quantity or quality or a combination
combination of both. The repeated and systematic Extraction or of both. The repeated and systematic Extraction or Re-utilisation of insubstantial
Re-utilisation of insubstantial parts of the Contents may amount to the parts of the Contents may amount to the Extraction or Re-utilisation of a
Extraction or Re-utilisation of a Substantial part of the Contents. Substantial part of the Contents.
"Use" - As a verb, means doing any act that is restricted by copyright or "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 Database Rights whether in the original medium or any other; and includes
without limitation distributing, copying, publicly performing, publicly without limitation distributing, copying, publicly performing, publicly displaying,
displaying, and preparing derivative works of the Database, as well as and preparing derivative works of the Database, as well as modifying the Database
modifying the Database as may be technically necessary to use it in a as may be technically necessary to use it in a different mode or format.
different mode or format.
"You" - Means a Person exercising rights under this License who has not "You" - Means a Person exercising rights under this License who has not previously
previously violated the terms of this License with respect to the Database, violated the terms of this License with respect to the Database, or who has
or who has received express permission from the Licensor to exercise rights received express permission from the Licensor to exercise rights under this
under this License despite a previous violation. License despite a previous violation.
Words in the singular include the plural and vice versa. Words in the singular include the plural and vice versa.
@ -165,24 +158,23 @@ under this License despite a previous violation.
c. An agreement in contract between You and the Licensor. c. An agreement in contract between You and the Licensor.
2.2 Legal rights covered. This License covers the legal rights in the 2.2 Legal rights covered. This License covers the legal rights in the Database,
Database, including: including:
a. Copyright. Any copyright or neighbouring rights in the Database. The a. Copyright. Any copyright or neighbouring rights in the Database. The copyright
copyright licensed includes any individual elements of the Database, but does licensed includes any individual elements of the Database, but does not cover
not cover the copyright over the Contents independent of this Database. See the copyright over the Contents independent of this Database. See Section
Section 2.4 for details. Copyright law varies between jurisdictions, but is 2.4 for details. Copyright law varies between jurisdictions, but is likely
likely to cover: the Database model or schema, which is the structure, to cover: the Database model or schema, which is the structure, arrangement,
arrangement, and organisation of the Database, and can also include the and organisation of the Database, and can also include the Database tables
Database tables and table indexes; the data entry and output sheets; and the and table indexes; the data entry and output sheets; and the Field names of
Field names of Contents stored in the Database; Contents stored in the Database;
b. Database Rights. Database Rights only extend to the Extraction and b. Database Rights. Database Rights only extend to the Extraction and Re-utilisation
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
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
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
selected and arranged in a way that would not infringe any applicable arranged in a way that would not infringe any applicable copyright; and
copyright; and
c. Contract. This is an agreement between You and the Licensor for access 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 to the Database. In return you agree to certain conditions of use on this
@ -203,9 +195,9 @@ Contents contained in this Database may be covered by other rights, including
copyright, patent, data protection, privacy, or personality rights, and this copyright, patent, data protection, privacy, or personality rights, and this
License does not cover any rights (other than Database Rights or in contract) 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 in individual Contents contained in the Database. For example, if used on
a Database of images (the Contents), this License would not apply to a Database of images (the Contents), this License would not apply to copyright
copyright over individual images, which could have their own separate over individual images, which could have their own separate licenses, or one
licenses, or one single license covering all of the rights over the images. single license covering all of the rights over the images.
3.0 Rights granted 3.0 Rights granted
@ -230,42 +222,39 @@ 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 form, in whole or in part, including of any Derivative Databases or as a part
of Collective Databases; and of Collective Databases; and
e. Distribution, communication, display, lending, making available, or e. Distribution, communication, display, lending, making available, or performance
performance to the public by any means and in any form, in whole or in part, 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. of any Derivative Database or as a part of Collective Databases.
3.2 Compulsory license schemes. For the avoidance of doubt: 3.2 Compulsory license schemes. For the avoidance of doubt:
a. Non-waivable compulsory license schemes. In those jurisdictions in which a. Non-waivable compulsory license schemes. In those jurisdictions in which
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;
b. Waivable compulsory license schemes. In those jurisdictions in which the b. Waivable compulsory license schemes. In those jurisdictions in which the
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,
and,
c. Voluntary license schemes. The Licensor waives the right to collect c. Voluntary license schemes. The Licensor waives the right to collect royalties,
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
member of a collecting society that administers voluntary licensing schemes, society that administers voluntary licensing schemes, via that society, from
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.
License.
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
distributing or making available the Database, is reserved. Note that this or making available the Database, is reserved. Note that this Database may
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
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
rights not expressly granted by Licensor are reserved. expressly granted by Licensor are reserved.
4.0 Conditions of Use 4.0 Conditions of Use
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
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.
4.2 Notices. If You Publicly Convey this Database, any Derivative Database, 4.2 Notices. If You Publicly Convey this Database, any Derivative Database,
or the Database as part of a Collective Database, then You must: or the Database as part of a Collective Database, then You must:
@ -288,22 +277,20 @@ 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 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.
License.
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:
Contains information from DATABASE NAME, which is made available here under Contains information from DATABASE NAME, which is made available here under
the Open Database License (ODbL). the Open Database License (ODbL).
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.
@ -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
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: 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.