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