diff --git a/_licenses/odbl-1.0.txt b/_licenses/odbl-1.0.txt index 4f30878..0f54618 100644 --- a/_licenses/odbl-1.0.txt +++ b/_licenses/odbl-1.0.txt @@ -1,6 +1,6 @@ --- title: ODC Open Database License v1.0 -spdx-id: ODbL-1.0 +spdx-id: ODbL-1.0 nickname: ODbL description: The Open Database License (ODbL) is a license agreement intended to allow users to freely share, modify, and use a database while maintaining this same freedom for others. @@ -31,32 +31,35 @@ limitations: --- -ODC Open Database License (ODbL) Preamble +## ODC Open Database License (ODbL) -The Open Database License (ODbL) is a license agreement intended to allow -users to freely share, modify, and use this Database while maintaining this -same freedom for others. Many databases are covered by copyright, and therefore -this document licenses these rights. Some jurisdictions, mainly in the European -Union, have specific rights that cover databases, and so the ODbL addresses -these rights, too. Finally, the ODbL is also an agreement in contract for -users of this Database to act in certain ways in return for accessing this -Database. +### Preamble -Databases can contain a wide variety of types of content (images, audiovisual -material, and sounds all in the same database, for example), and so the ODbL -only governs the rights over the Database, and not the contents of the Database -individually. Licensors should use the ODbL together with another license -for the contents, if the contents have a single set of rights that uniformly -covers all of the contents. If the contents have multiple sets of different -rights, Licensors should describe what rights govern what contents together -in the individual record or in some other way that clarifies what rights apply. +The Open Database License (ODbL) is a license agreement intended to +allow users to freely share, modify, and use this Database while +maintaining this same freedom for others. Many databases are covered by +copyright, and therefore this document licenses these rights. Some +jurisdictions, mainly in the European Union, have specific rights that +cover databases, and so the ODbL addresses these rights, too. Finally, +the ODbL is also an agreement in contract for users of this Database to +act in certain ways in return for accessing this Database. -Sometimes the contents of a database, or the database itself, can be covered -by other rights not addressed here (such as private contracts, trade mark -over the name, or privacy rights / data protection rights over information -in the contents), and so you are advised that you may have to consult other -documents or clear other rights before doing activities not covered by this -License. +Databases can contain a wide variety of types of content (images, +audiovisual material, and sounds all in the same database, for example), +and so the ODbL only governs the rights over the Database, and not the +contents of the Database individually. Licensors should use the ODbL +together with another license for the contents, if the contents have a +single set of rights that uniformly covers all of the contents. If the +contents have multiple sets of different rights, Licensors should +describe what rights govern what contents together in the individual +record or in some other way that clarifies what rights apply. + +Sometimes the contents of a database, or the database itself, can be +covered by other rights not addressed here (such as private contracts, +trade mark over the name, or privacy rights / data protection rights +over information in the contents), and so you are advised that you may +have to consult other documents or clear other rights before doing +activities not covered by this License. ------ @@ -68,466 +71,503 @@ You (as defined below) 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 a collection of independent databases in themselves that together are +assembled into a collective whole. A work that constitutes a Collective +Database will not be considered a Derivative Database. + +"Convey" – As a verb, means Using the Database, a Derivative Database, +or the Database as part of a Collective Database in any way that enables +a Person to make or receive copies of the Database or a Derivative +Database. Conveying does not include interaction with a user through a +computer network, or creating and Using a Produced Work, where no +transfer of a copy of the Database or a Derivative Database occurs. +"Contents" – The contents of this Database, which includes the +information, independent works, or other material collected into the +Database. For example, the contents of the Database could be factual +data or works such as images, audiovisual material, text, or sounds. + +"Database" – A collection of material (the Contents) arranged in a +systematic or methodical way and individually accessible by electronic +or other means offered under the terms of this License. + +"Database Directive" – Means Directive 96/9/EC of the European +Parliament and of the Council of 11 March 1996 on the legal protection +of databases, as amended or succeeded. + +"Database Right" – Means rights resulting from the Chapter III ("sui +generis") rights in the Database Directive (as amended and as transposed +by member states), which includes the Extraction and Re-utilisation of +the whole or a Substantial part of the Contents, as well as any similar +rights available in the relevant jurisdiction under Section 10.4. + +"Derivative Database" – Means a database based upon the Database, and +includes any translation, adaptation, arrangement, modification, or any +other alteration of the Database or of a Substantial part of the +Contents. This includes, but is not limited to, Extracting or +Re-utilising the whole or a Substantial part of the Contents in a new +Database. + +"Extraction" – Means the permanent or temporary transfer of all or a +Substantial part of the Contents to another medium by any means or in +any form. + +"License" – Means this license agreement and is both a license of rights +such as copyright and Database Rights and an agreement in contract. + +"Licensor" – Means the Person that offers the Database under the terms +of this License. + +"Person" – Means a natural or legal person or a body of persons +corporate or incorporate. + +"Produced Work" – a work (such as an image, audiovisual material, text, +or sounds) resulting from using the whole or a Substantial part of the +Contents (via a search or other query) from this Database, a Derivative +Database, or this Database as part of a Collective Database. + +"Publicly" – means to Persons other than You or under Your control by +either more than 50% ownership or by the power to direct their +activities (such as contracting with an independent consultant). + +"Re-utilisation" – means any form of making available to the public all +or a Substantial part of the Contents by the distribution of copies, by +renting, by online or other forms of transmission. + +"Substantial" – Means substantial in terms of quantity or quality or a +combination of both. The repeated and systematic Extraction or +Re-utilisation of insubstantial parts of the Contents may amount to the +Extraction or Re-utilisation of a Substantial part of the Contents. + +"Use" – As a verb, means doing any act that is restricted by copyright +or Database Rights whether in the original medium or any other; and +includes without limitation distributing, copying, publicly performing, +publicly displaying, and preparing derivative works of the Database, as +well as modifying the Database as may be technically necessary to use it +in a different mode or format. + +"You" – Means a Person exercising rights under this License who has not +previously violated the terms of this License with respect to the +Database, or who has received express permission from the Licensor to +exercise rights under this License despite a previous violation. + +Words in the singular include the plural and vice versa. + +### 2.0 What this License covers + +2.1. Legal effect of this document. This License is: + + a. A license of applicable copyright and neighbouring rights; + + b. A license of the Database Right; and + + c. An agreement in contract between You and the Licensor. + +2.2 Legal rights covered. This License covers the legal rights in the +Database, including: + + a. Copyright. Any copyright or neighbouring rights in the Database. + The copyright licensed includes any individual elements of the + Database, but does not cover the copyright over the Contents + independent of this Database. See Section 2.4 for details. Copyright + law varies between jurisdictions, but is likely to cover: the Database + model or schema, which is the structure, arrangement, and organisation + of the Database, and can also include the Database tables and table + indexes; the data entry and output sheets; and the Field names of + Contents stored in the Database; + + b. Database Rights. Database Rights only extend to the Extraction and + Re-utilisation of the whole or a Substantial part of the Contents. + Database Rights can apply even when there is no copyright over the + Database. Database Rights can also apply when the Contents are removed + from the Database and are selected and arranged in a way that would + not infringe any applicable copyright; and + + c. Contract. This is an agreement between You and the Licensor for + access to the Database. In return you agree to certain conditions of + use on this access as outlined in this License. + +2.3 Rights not covered. + + a. This License does not apply to computer programs used in the making + or operation of the Database; + + b. This License does not cover any patents over the Contents or the + Database; and + + c. This License does not cover any trademarks associated with the + Database. + +2.4 Relationship to Contents in the Database. The individual items of +the Contents contained in this Database may be covered by other rights, +including copyright, patent, data protection, privacy, or personality +rights, and this License does not cover any rights (other than Database +Rights or in contract) in individual Contents contained in the Database. +For example, if used on a Database of images (the Contents), this +License would not apply to copyright over individual images, which could +have their own separate licenses, or one single license covering all of +the rights over the images. + +### 3.0 Rights granted + +3.1 Subject to the terms and conditions of this License, the Licensor +grants to You a worldwide, royalty-free, non-exclusive, terminable (but +only under Section 9) license to Use the Database for the duration of +any applicable copyright and Database Rights. These rights explicitly +include commercial use, and do not exclude any field of endeavour. To +the extent possible in the relevant jurisdiction, these rights may be +exercised in all media and formats whether now known or created in the +future. + +The rights granted cover, for example: -"Collective Database" - Means this Database in unmodified form as part of -a collection of independent databases in themselves that together are assembled -into a collective whole. A work that constitutes a Collective Database will -not be considered a Derivative Database. + a. Extraction and Re-utilisation of the whole or a Substantial part of + the Contents; -"Convey" - As a verb, means Using the Database, a Derivative Database, or -the Database as part of a Collective Database in any way that enables a Person -to make or receive copies of the Database or a Derivative Database. Conveying -does not include interaction with a user through a computer network, or creating -and Using a Produced Work, where no transfer of a copy of the Database or -a Derivative Database occurs. + b. Creation of Derivative Databases; -"Contents" - The contents of this Database, which includes the information, -independent works, or other material collected into the Database. For example, -the contents of the Database could be factual data or works such as images, -audiovisual material, text, or sounds. + c. Creation of Collective Databases; -"Database" - A collection of material (the Contents) arranged in a systematic -or methodical way and individually accessible by electronic or other means -offered under the terms of this License. + d. Creation of temporary or permanent reproductions by any means and + in any form, in whole or in part, including of any Derivative + Databases or as a part of Collective Databases; and -"Database Directive" - Means Directive 96/9/EC of the European Parliament -and of the Council of 11 March 1996 on the legal protection of databases, -as amended or succeeded. + e. Distribution, communication, display, lending, making available, or + performance to the public by any means and in any form, in whole or in + part, including of any Derivative Database or as a part of Collective + Databases. -"Database Right" - Means rights resulting from the Chapter III ("sui generis") -rights in the Database Directive (as amended and as transposed by member states), -which includes the Extraction and Re-utilisation of the whole or a Substantial -part of the Contents, as well as any similar rights available in the relevant -jurisdiction under Section 10.4. +3.2 Compulsory license schemes. For the avoidance of doubt: -"Derivative Database" - Means a database based upon the Database, and includes -any translation, adaptation, arrangement, modification, or any other alteration -of the Database or of a Substantial part of the Contents. This includes, but -is not limited to, Extracting or Re-utilising the whole or a Substantial part -of the Contents in a new Database. + a. Non-waivable compulsory license schemes. In those jurisdictions in + which the right to collect royalties through any statutory or + compulsory licensing scheme cannot be waived, the Licensor reserves + the exclusive right to collect such royalties for any exercise by You + of the rights granted under this License; -"Extraction" - Means the permanent or temporary transfer of all or a Substantial -part of the Contents to another medium by any means or in any form. - -"License" - Means this license agreement and is both a license of rights such -as copyright and Database Rights and an agreement in contract. + b. Waivable compulsory license schemes. In those jurisdictions in + which the right to collect royalties through any statutory or + compulsory licensing scheme can be waived, the Licensor waives the + exclusive right to collect such royalties for any exercise by You of + the rights granted under this License; and, -"Licensor" - Means the Person that offers the Database under the terms of -this License. + c. Voluntary license schemes. The Licensor waives the right to collect + royalties, whether individually or, in the event that the Licensor is + a member of a collecting society that administers voluntary licensing + schemes, via that society, from any exercise by You of the rights + granted under this License. -"Person" - Means a natural or legal person or a body of persons corporate -or incorporate. +3.3 The right to release the Database under different terms, or to stop +distributing or making available the Database, is reserved. Note that +this Database may be multiple-licensed, and so You may have the choice +of using alternative licenses for this Database. Subject to Section +10.4, all other rights not expressly granted by Licensor are reserved. + +### 4.0 Conditions of Use + +4.1 The rights granted in Section 3 above are expressly made subject to +Your complying with the following conditions of use. These are important +conditions of this License, and if You fail to follow them, You will be +in material breach of its terms. + +4.2 Notices. If You Publicly Convey this Database, any Derivative +Database, or the Database as part of a Collective Database, then You +must: -"Produced Work" - a work (such as an image, audiovisual material, text, or -sounds) resulting from using the whole or a Substantial part of the Contents -(via a search or other query) from this Database, a Derivative Database, or -this Database as part of a Collective Database. + a. Do so only under the terms of this License or another license + permitted under Section 4.4; -"Publicly" - means to Persons other than You or under Your control by either -more than 50% ownership or by the power to direct their activities (such as -contracting with an independent consultant). + b. Include a copy of this License (or, as applicable, a license + permitted under Section 4.4) or its Uniform Resource Identifier (URI) + with the Database or Derivative Database, including both in the + Database or Derivative Database and in any relevant documentation; and -"Re-utilisation" - means any form of making available to the public all or -a Substantial part of the Contents by the distribution of copies, by renting, -by online or other forms of transmission. + c. Keep intact any copyright or Database Right notices and notices + that refer to this License. -"Substantial" - Means substantial in terms of quantity or quality or a combination -of both. The repeated and systematic Extraction or Re-utilisation of insubstantial -parts of the Contents may amount to the Extraction or Re-utilisation of a -Substantial part of the Contents. + d. If it is not possible to put the required notices in a particular + file due to its structure, then You must include the notices in a + location (such as a relevant directory) where users would be likely to + look for it. + +4.3 Notice for using output (Contents). Creating and Using a Produced +Work does not require the notice in Section 4.2. However, if you +Publicly Use a Produced Work, You must include a notice associated with +the Produced Work reasonably calculated to make any Person that uses, +views, accesses, interacts with, or is otherwise exposed to the Produced +Work aware that Content was obtained from the Database, Derivative +Database, or the Database as part of a Collective Database, and that it +is available under this License. + + a. Example notice. The following text will satisfy notice under + Section 4.3: + + Contains information from DATABASE NAME, which is made available + here under the Open Database License (ODbL). -"Use" - As a verb, means doing any act that is restricted by copyright or -Database Rights whether in the original medium or any other; and includes -without limitation distributing, copying, publicly performing, publicly displaying, -and preparing derivative works of the Database, as well as modifying the Database -as may be technically necessary to use it in a different mode or format. +DATABASE NAME should be replaced with the name of the Database and a +hyperlink to the URI of the Database. "Open Database License" should +contain a hyperlink to the URI of the text of this License. If +hyperlinks are not possible, You should include the plain text of the +required URI's with the above notice. + +4.4 Share alike. + + a. Any Derivative Database that You Publicly Use must be only under + the terms of: + + i. This License; + + ii. A later version of this License similar in spirit to this + License; or + + iii. A compatible license. + + If You license the Derivative Database under one of the licenses + mentioned in (iii), You must comply with the terms of that license. + + b. For the avoidance of doubt, Extraction or Re-utilisation of the + whole or a Substantial part of the Contents into a new database is a + Derivative Database and must comply with Section 4.4. + + c. Derivative Databases and Produced Works. A Derivative Database is + Publicly Used and so must comply with Section 4.4. if a Produced Work + created from the Derivative Database is Publicly Used. + + d. Share Alike and additional Contents. For the avoidance of doubt, + You must not add Contents to Derivative Databases under Section 4.4 a + that are incompatible with the rights granted under this License. + + e. Compatible licenses. Licensors may authorise a proxy to determine + compatible licenses under Section 4.4 a iii. If they do so, the + authorised proxy's public statement of acceptance of a compatible + license grants You permission to use the compatible license. + + +4.5 Limits of Share Alike. The requirements of Section 4.4 do not apply +in the following: + + a. For the avoidance of doubt, You are not required to license + Collective Databases under this License if You incorporate this + Database or a Derivative Database in the collection, but this License + still applies to this Database or a Derivative Database as a part of + the Collective Database; + + b. Using this Database, a Derivative Database, or this Database as + part of a Collective Database to create a Produced Work does not + create a Derivative Database for purposes of Section 4.4; and + + c. Use of a Derivative Database internally within an organisation is + not to the public and therefore does not fall under the requirements + of Section 4.4. + +4.6 Access to Derivative Databases. If You Publicly Use a Derivative +Database or a Produced Work from a Derivative Database, You must also +offer to recipients of the Derivative Database or Produced Work a copy +in a machine readable form of: + + a. The entire Derivative Database; or + + b. A file containing all of the alterations made to the Database or + the method of making the alterations to the Database (such as an + algorithm), including any additional Contents, that make up all the + differences between the Database and the Derivative Database. + +The Derivative Database (under a.) or alteration file (under b.) must be +available at no more than a reasonable production cost for physical +distributions and free of charge if distributed over the internet. + +4.7 Technological measures and additional terms + + a. This License does not allow You to impose (except subject to + Section 4.7 b.) any terms or any technological measures on the + Database, a Derivative Database, or the whole or a Substantial part of + the Contents that alter or restrict the terms of this License, or any + rights granted under it, or have the effect or intent of restricting + the ability of any person to exercise those rights. + + b. Parallel distribution. You may impose terms or technological + measures on the Database, a Derivative Database, or the whole or a + Substantial part of the Contents (a "Restricted Database") in + contravention of Section 4.74 a. only if You also make a copy of the + Database or a Derivative Database available to the recipient of the + Restricted Database: + + i. That is available without additional fee; + + ii. That is available in a medium that does not alter or restrict + the terms of this License, or any rights granted under it, or have + the effect or intent of restricting the ability of any person to + exercise those rights (an "Unrestricted Database"); and + + iii. The Unrestricted Database is at least as accessible to the + recipient as a practical matter as the Restricted Database. + + c. For the avoidance of doubt, You may place this Database or a + Derivative Database in an authenticated environment, behind a + password, or within a similar access control scheme provided that You + do not alter or restrict the terms of this License or any rights + granted under it or have the effect or intent of restricting the + ability of any person to exercise those rights. -"You" - Means a Person exercising rights under this License who has not previously -violated the terms of this License with respect to the Database, or who has -received express permission from the Licensor to exercise rights under this -License despite a previous violation. - - Words in the singular include the plural and vice versa. - - 2.0 What this License covers - - 2.1. Legal effect of this document. This License is: - - a. A license of applicable copyright and neighbouring rights; - - b. A license of the Database Right; and - - c. An agreement in contract between You and the Licensor. - -2.2 Legal rights covered. This License covers the legal rights in the Database, -including: - -a. Copyright. Any copyright or neighbouring rights in the Database. The copyright -licensed includes any individual elements of the Database, but does not cover -the copyright over the Contents independent of this Database. See Section -2.4 for details. Copyright law varies between jurisdictions, but is likely -to cover: the Database model or schema, which is the structure, arrangement, -and organisation of the Database, and can also include the Database tables -and table indexes; the data entry and output sheets; and the Field names of -Contents stored in the Database; - -b. Database Rights. Database Rights only extend to the Extraction and Re-utilisation -of the whole or a Substantial part of the Contents. Database Rights can apply -even when there is no copyright over the Database. Database Rights can also -apply when the Contents are removed from the Database and are selected and -arranged in a way that would not infringe any applicable copyright; and - -c. Contract. This is an agreement between You and the Licensor for access -to the Database. In return you agree to certain conditions of use on this -access as outlined in this License. - - 2.3 Rights not covered. - -a. This License does not apply to computer programs used in the making or -operation of the Database; - -b. This License does not cover any patents over the Contents or the Database; -and - -c. This License does not cover any trademarks associated with the Database. - -2.4 Relationship to Contents in the Database. The individual items of the -Contents contained in this Database may be covered by other rights, including -copyright, patent, data protection, privacy, or personality rights, and this -License does not cover any rights (other than Database Rights or in contract) -in individual Contents contained in the Database. For example, if used on -a Database of images (the Contents), this License would not apply to copyright -over individual images, which could have their own separate licenses, or one -single license covering all of the rights over the images. - - 3.0 Rights granted - -3.1 Subject to the terms and conditions of this License, the Licensor grants -to You a worldwide, royalty-free, non-exclusive, terminable (but only under -Section 9) license to Use the Database for the duration of any applicable -copyright and Database Rights. These rights explicitly include commercial -use, and do not exclude any field of endeavour. To the extent possible in -the relevant jurisdiction, these rights may be exercised in all media and -formats whether now known or created in the future. - - The rights granted cover, for example: - -a. Extraction and Re-utilisation of the whole or a Substantial part of the -Contents; - - b. Creation of Derivative Databases; - - c. Creation of Collective Databases; - -d. Creation of temporary or permanent reproductions by any means and in any -form, in whole or in part, including of any Derivative Databases or as a part -of Collective Databases; and - -e. Distribution, communication, display, lending, making available, or performance -to the public by any means and in any form, in whole or in part, including -of any Derivative Database or as a part of Collective Databases. - - 3.2 Compulsory license schemes. For the avoidance of doubt: - -a. Non-waivable compulsory license schemes. In those jurisdictions in which -the right to collect royalties through any statutory or compulsory licensing -scheme cannot be waived, the Licensor reserves the exclusive right to collect -such royalties for any exercise by You of the rights granted under this License; - -b. Waivable compulsory license schemes. In those jurisdictions in which the -right to collect royalties through any statutory or compulsory licensing scheme -can be waived, the Licensor waives the exclusive right to collect such royalties -for any exercise by You of the rights granted under this License; and, - -c. Voluntary license schemes. The Licensor waives the right to collect royalties, -whether individually or, in the event that the Licensor is a member of a collecting -society that administers voluntary licensing schemes, via that society, from -any exercise by You of the rights granted under this License. - -3.3 The right to release the Database under different terms, or to stop distributing -or making available the Database, is reserved. Note that this Database may -be multiple-licensed, and so You may have the choice of using alternative -licenses for this Database. Subject to Section 10.4, all other rights not -expressly granted by Licensor are reserved. - - 4.0 Conditions of Use - -4.1 The rights granted in Section 3 above are expressly made subject to Your -complying with the following conditions of use. These are important conditions -of this License, and if You fail to follow them, You will be in material breach -of its terms. - -4.2 Notices. If You Publicly Convey this Database, any Derivative Database, -or the Database as part of a Collective Database, then You must: - -a. Do so only under the terms of this License or another license permitted -under Section 4.4; - -b. Include a copy of this License (or, as applicable, a license permitted -under Section 4.4) or its Uniform Resource Identifier (URI) with the Database -or Derivative Database, including both in the Database or Derivative Database -and in any relevant documentation; and - -c. Keep intact any copyright or Database Right notices and notices that refer -to this License. - -d. If it is not possible to put the required notices in a particular file -due to its structure, then You must include the notices in a location (such -as a relevant directory) where users would be likely to look for it. - -4.3 Notice for using output (Contents). Creating and Using a Produced Work -does not require the notice in Section 4.2. However, if you Publicly Use a -Produced Work, You must include a notice associated with the Produced Work -reasonably calculated to make any Person that uses, views, accesses, interacts -with, or is otherwise exposed to the Produced Work aware that Content was -obtained from the Database, Derivative Database, or the Database as part of -a Collective Database, and that it is available under this License. - -a. Example notice. The following text will satisfy notice under Section 4.3: - -Contains information from DATABASE NAME, which is made available here under -the Open Database License (ODbL). - -DATABASE NAME should be replaced with the name of the Database and a hyperlink -to the URI of the Database. "Open Database License" should contain a hyperlink -to the URI of the text of this License. If hyperlinks are not possible, You -should include the plain text of the required URI's with the above notice. - - 4.4 Share alike. - -a. Any Derivative Database that You Publicly Use must be only under the terms -of: - - i. This License; - -ii. A later version of this License similar in spirit to this License; or - - iii. A compatible license. - -If You license the Derivative Database under one of the licenses mentioned -in (iii), You must comply with the terms of that license. - -b. For the avoidance of doubt, Extraction or Re-utilisation of the whole or -a Substantial part of the Contents into a new database is a Derivative Database -and must comply with Section 4.4. - -c. Derivative Databases and Produced Works. A Derivative Database is Publicly -Used and so must comply with Section 4.4. if a Produced Work created from -the Derivative Database is Publicly Used. - -d. Share Alike and additional Contents. For the avoidance of doubt, You must -not add Contents to Derivative Databases under Section 4.4 a that are incompatible -with the rights granted under this License. - -e. Compatible licenses. Licensors may authorise a proxy to determine compatible -licenses under Section 4.4 a iii. If they do so, the authorised proxy's public -statement of acceptance of a compatible license grants You permission to use -the compatible license. - -4.5 Limits of Share Alike. The requirements of Section 4.4 do not apply in -the following: - -a. For the avoidance of doubt, You are not required to license Collective -Databases under this License if You incorporate this Database or a Derivative -Database in the collection, but this License still applies to this Database -or a Derivative Database as a part of the Collective Database; - -b. Using this Database, a Derivative Database, or this Database as part of -a Collective Database to create a Produced Work does not create a Derivative -Database for purposes of Section 4.4; and - -c. Use of a Derivative Database internally within an organisation is not to -the public and therefore does not fall under the requirements of Section 4.4. - -4.6 Access to Derivative Databases. If You Publicly Use a Derivative Database -or a Produced Work from a Derivative Database, You must also offer to recipients -of the Derivative Database or Produced Work a copy in a machine readable form -of: - - a. The entire Derivative Database; or - -b. A file containing all of the alterations made to the Database or the method -of making the alterations to the Database (such as an algorithm), including -any additional Contents, that make up all the differences between the Database -and the Derivative Database. - -The Derivative Database (under a.) or alteration file (under b.) must be available -at no more than a reasonable production cost for physical distributions and -free of charge if distributed over the internet. - - 4.7 Technological measures and additional terms - -a. This License does not allow You to impose (except subject to Section 4.7 -b.) any terms or any technological measures on the Database, a Derivative -Database, or the whole or a Substantial part of the Contents that alter or -restrict the terms of this License, or any rights granted under it, or have -the effect or intent of restricting the ability of any person to exercise -those rights. - -b. Parallel distribution. You may impose terms or technological measures on -the Database, a Derivative Database, or the whole or a Substantial part of -the Contents (a "Restricted Database") in contravention of Section 4.74 a. -only if You also make a copy of the Database or a Derivative Database available -to the recipient of the Restricted Database: - - i. That is available without additional fee; - -ii. That is available in a medium that does not alter or restrict the terms -of this License, or any rights granted under it, or have the effect or intent -of restricting the ability of any person to exercise those rights (an "Unrestricted -Database"); and - -iii. The Unrestricted Database is at least as accessible to the recipient -as a practical matter as the Restricted Database. - -c. For the avoidance of doubt, You may place this Database or a Derivative -Database in an authenticated environment, behind a password, or within a similar -access control scheme provided that You do not alter or restrict the terms -of this License or any rights granted under it or have the effect or intent -of restricting the ability of any person to exercise those rights. - -4.8 Licensing of others. You may not sublicense the Database. Each time You -communicate the Database, the whole or Substantial part of the Contents, or -any Derivative Database to anyone else in any way, the Licensor offers to -the recipient a license to the Database on the same terms and conditions as -this License. You are not responsible for enforcing compliance by third parties -with this License, but You may enforce any rights that You have over a Derivative -Database. You are solely responsible for any modifications of a Derivative -Database made by You or another Person at Your direction. You may not impose -any further restrictions on the exercise of the rights granted or affirmed +4.8 Licensing of others. You may not sublicense the Database. Each time +You communicate the Database, the whole or Substantial part of the +Contents, or any Derivative Database to anyone else in any way, the +Licensor offers to the recipient a license to the Database on the same +terms and conditions as this License. You are not responsible for +enforcing compliance by third parties with this License, but You may +enforce any rights that You have over a Derivative Database. You are +solely responsible for any modifications of a Derivative Database made +by You or another Person at Your direction. You may not impose any +further restrictions on the exercise of the rights granted or affirmed under this License. - 5.0 Moral rights +### 5.0 Moral rights -5.1 Moral rights. This section covers moral rights, including any rights to -be identified as the author of the Database or to object to treatment that -would otherwise prejudice the author's honour and reputation, or any other -derogatory treatment: +5.1 Moral rights. This section covers moral rights, including any rights +to be identified as the author of the Database or to object to treatment +that would otherwise prejudice the author's honour and reputation, or +any other derogatory treatment: -a. For jurisdictions allowing waiver of moral rights, Licensor waives all -moral rights that Licensor may have in the Database to the fullest extent -possible by the law of the relevant jurisdiction under Section 10.4; + a. For jurisdictions allowing waiver of moral rights, Licensor waives + all moral rights that Licensor may have in the Database to the fullest + extent possible by the law of the relevant jurisdiction under Section + 10.4; -b. If waiver of moral rights under Section 5.1 a in the relevant jurisdiction -is not possible, Licensor agrees not to assert any moral rights over the Database -and waives all claims in moral rights to the fullest extent possible by the -law of the relevant jurisdiction under Section 10.4; and + b. If waiver of moral rights under Section 5.1 a in the relevant + jurisdiction is not possible, Licensor agrees not to assert any moral + rights over the Database and waives all claims in moral rights to the + fullest extent possible by the law of the relevant jurisdiction under + Section 10.4; and -c. For jurisdictions not allowing waiver or an agreement not to assert moral -rights under Section 5.1 a and b, the author may retain their moral rights -over certain aspects of the Database. + c. For jurisdictions not allowing waiver or an agreement not to assert + moral rights under Section 5.1 a and b, the author may retain their + moral rights over certain aspects of the Database. -Please note that some jurisdictions do not allow for the waiver of moral rights, -and so moral rights may still subsist over the Database in some jurisdictions. +Please note that some jurisdictions do not allow for the waiver of moral +rights, and so moral rights may still subsist over the Database in some +jurisdictions. - 6.0 Fair dealing, Database exceptions, and other rights not affected +### 6.0 Fair dealing, Database exceptions, and other rights not affected -6.1 This License does not affect any rights that You or anyone else may independently -have under any applicable law to make any use of this Database, including -without limitation: +6.1 This License does not affect any rights that You or anyone else may +independently have under any applicable law to make any use of this +Database, including without limitation: -a. Exceptions to the Database Right including: Extraction of Contents from -non-electronic Databases for private purposes, Extraction for purposes of -illustration for teaching or scientific research, and Extraction or Re-utilisation -for public security or an administrative or judicial procedure. + a. Exceptions to the Database Right including: Extraction of Contents + from non-electronic Databases for private purposes, Extraction for + purposes of illustration for teaching or scientific research, and + Extraction or Re-utilisation for public security or an administrative + or judicial procedure. -b. Fair dealing, fair use, or any other legally recognised limitation or exception -to infringement of copyright or other applicable laws. + b. Fair dealing, fair use, or any other legally recognised limitation + or exception to infringement of copyright or other applicable laws. -6.2 This License does not affect any rights of lawful users to Extract and -Re-utilise insubstantial parts of the Contents, evaluated quantitatively or -qualitatively, for any purposes whatsoever, including creating a Derivative -Database (subject to other rights over the Contents, see Section 2.4). The -repeated and systematic Extraction or Re-utilisation of insubstantial parts -of the Contents may however amount to the Extraction or Re-utilisation of -a Substantial part of the Contents. +6.2 This License does not affect any rights of lawful users to Extract +and Re-utilise insubstantial parts of the Contents, evaluated +quantitatively or qualitatively, for any purposes whatsoever, including +creating a Derivative Database (subject to other rights over the +Contents, see Section 2.4). The repeated and systematic Extraction or +Re-utilisation of insubstantial parts of the Contents may however amount +to the Extraction or Re-utilisation of a Substantial part of the +Contents. - 7.0 Warranties and Disclaimer +### 7.0 Warranties and Disclaimer -7.1 The Database is licensed by the Licensor "as is" and without any warranty -of any kind, either express, implied, or arising by statute, custom, course -of dealing, or trade usage. Licensor specifically disclaims any and all implied -warranties or conditions of title, non-infringement, accuracy or completeness, -the presence or absence of errors, fitness for a particular purpose, merchantability, -or otherwise. Some jurisdictions do not allow the exclusion of implied warranties, -so this exclusion may not apply to You. +7.1 The Database is licensed by the Licensor "as is" and without any +warranty of any kind, either express, implied, or arising by statute, +custom, course of dealing, or trade usage. Licensor specifically +disclaims any and all implied warranties or conditions of title, +non-infringement, accuracy or completeness, the presence or absence of +errors, fitness for a particular purpose, merchantability, or otherwise. +Some jurisdictions do not allow the exclusion of implied warranties, so +this exclusion may not apply to You. - 8.0 Limitation of liability +### 8.0 Limitation of liability -8.1 Subject to any liability that may not be excluded or limited by law, the -Licensor is not liable for, and expressly excludes, all liability for loss -or damage however and whenever caused to anyone by any use under this License, -whether by You or by anyone else, and whether caused by any fault on the part -of the Licensor or not. This exclusion of liability includes, but is not limited -to, any special, incidental, consequential, punitive, or exemplary damages -such as loss of revenue, data, anticipated profits, and lost business. This -exclusion applies even if the Licensor has been advised of the possibility -of such damages. +8.1 Subject to any liability that may not be excluded or limited by law, +the Licensor is not liable for, and expressly excludes, all liability +for loss or damage however and whenever caused to anyone by any use +under this License, whether by You or by anyone else, and whether caused +by any fault on the part of the Licensor or not. This exclusion of +liability includes, but is not limited to, any special, incidental, +consequential, punitive, or exemplary damages such as loss of revenue, +data, anticipated profits, and lost business. This exclusion applies +even if the Licensor has been advised of the possibility of such +damages. -8.2 If liability may not be excluded by law, it is limited to actual and direct -financial loss to the extent it is caused by proved negligence on the part -of the Licensor. +8.2 If liability may not be excluded by law, it is limited to actual and +direct financial loss to the extent it is caused by proved negligence on +the part of the Licensor. - 9.0 Termination of Your rights under this License +### 9.0 Termination of Your rights under this License -9.1 Any breach by You of the terms and conditions of this License automatically -terminates this License with immediate effect and without notice to You. For -the avoidance of doubt, Persons who have received the Database, the whole -or a Substantial part of the Contents, Derivative Databases, or the Database -as part of a Collective Database from You under this License will not have -their licenses terminated provided their use is in full compliance with this -License or a license granted under Section 4.8 of this License. Sections 1, -2, 7, 8, 9 and 10 will survive any termination of this License. +9.1 Any breach by You of the terms and conditions of this License +automatically terminates this License with immediate effect and without +notice to You. For the avoidance of doubt, Persons who have received the +Database, the whole or a Substantial part of the Contents, Derivative +Databases, or the Database as part of a Collective Database from You +under this License will not have their licenses terminated provided +their use is in full compliance with this License or a license granted +under Section 4.8 of this License. Sections 1, 2, 7, 8, 9 and 10 will +survive any termination of this License. -9.2 If You are not in breach of the terms of this License, the Licensor will -not terminate Your rights under it. +9.2 If You are not in breach of the terms of this License, the Licensor +will not terminate Your rights under it. -9.3 Unless terminated under Section 9.1, this License is granted to You for -the duration of applicable rights in the Database. +9.3 Unless terminated under Section 9.1, this License is granted to You +for the duration of applicable rights in the Database. -9.4 Reinstatement of rights. If you cease any breach of the terms and conditions -of this License, then your full rights under this License will be reinstated: +9.4 Reinstatement of rights. If you cease any breach of the terms and +conditions of this License, then your full rights under this License +will be reinstated: -a. Provisionally and subject to permanent termination until the 60th day after -cessation of breach; + a. Provisionally and subject to permanent termination until the 60th + day after cessation of breach; -b. Permanently on the 60th day after cessation of breach unless otherwise -reasonably notified by the Licensor; or + b. Permanently on the 60th day after cessation of breach unless + otherwise reasonably notified by the Licensor; or -c. Permanently if reasonably notified by the Licensor of the violation, this -is the first time You have received notice of violation of this License from -the Licensor, and You cure the violation prior to 30 days after your receipt -of the notice. + c. Permanently if reasonably notified by the Licensor of the + violation, this is the first time You have received notice of + violation of this License from the Licensor, and You cure the + violation prior to 30 days after your receipt of the notice. -Persons subject to permanent termination of rights are not eligible to be -a recipient and receive a license under Section 4.8. +Persons subject to permanent termination of rights are not eligible to +be a recipient and receive a license under Section 4.8. -9.5 Notwithstanding the above, Licensor reserves the right to release the -Database under different license terms or to stop distributing or making available -the Database. Releasing the Database under different license terms or stopping -the distribution of the Database will not withdraw this License (or any other -license that has been, or is required to be, granted under the terms of this -License), and this License will continue in full force and effect unless terminated -as stated above. +9.5 Notwithstanding the above, Licensor reserves the right to release +the Database under different license terms or to stop distributing or +making available the Database. Releasing the Database under different +license terms or stopping the distribution of the Database will not +withdraw this License (or any other license that has been, or is +required to be, granted under the terms of this License), and this +License will continue in full force and effect unless terminated as +stated above. - 10.0 General +### 10.0 General -10.1 If any provision of this License is held to be invalid or unenforceable, -that must not affect the validity or enforceability of the remainder of the -terms and conditions of this License and each remaining provision of this -License shall be valid and enforced to the fullest extent permitted by law. +10.1 If any provision of this License is held to be invalid or +unenforceable, that must not affect the validity or enforceability of +the remainder of the terms and conditions of this License and each +remaining provision of this License shall be valid and enforced to the +fullest extent permitted by law. -10.2 This License is the entire agreement between the parties with respect -to the rights granted here over the Database. It replaces any earlier understandings, -agreements or representations with respect to the Database. +10.2 This License is the entire agreement between the parties with +respect to the rights granted here over the Database. It replaces any +earlier understandings, agreements or representations with respect to +the Database. -10.3 If You are in breach of the terms of this License, You will not be entitled -to rely on the terms of this License or to complain of any breach by the Licensor. +10.3 If You are in breach of the terms of this License, You will not be +entitled to rely on the terms of this License or to complain of any +breach by the Licensor. -10.4 Choice of law. This License takes effect in and will be governed by the -laws of the relevant jurisdiction in which the License terms are sought to -be enforced. If the standard suite of rights granted under applicable copyright -law and Database Rights in the relevant jurisdiction includes additional rights -not granted under this License, these additional rights are granted in this -License in order to meet the terms of this License. +10.4 Choice of law. This License takes effect in and will be governed by +the laws of the relevant jurisdiction in which the License terms are +sought to be enforced. If the standard suite of rights granted under +applicable copyright law and Database Rights in the relevant +jurisdiction includes additional rights not granted under this License, +these additional rights are granted in this License in order to meet the +terms of this License.