@ -31,35 +31,36 @@ limitations:
---
---
## ODC Open Database License (ODbL)ODC Open Database License (ODbL) Preamble
### Preamble
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.
The Open Database License (ODbL) is a license agreement intended to
Databases can contain a wide variety of types of content (images, audiovisual
allow users to freely share, modify, and use this Database while
material, and sounds all in the same database, for example), and so the ODbL
maintaining this same freedom for others. Many databases are covered by
only governs the rights over the Database, and not the contents of the
copyright, and therefore this document licenses these rights. Some
Database
jurisdictions, mainly in the European Union, have specific rights that
individually. Licensors should use the ODbL together with another license
cover databases, and so the ODbL addresses these rights, too. Finally,
for the contents, if the contents have a single set of rights that uniformly
the ODbL is also an agreement in contract for users of this Database to
covers all of the contents. If the contents have multiple sets of different
act in certain ways in return for accessing this Database.
rights, Licensors should describe what rights govern what contents together
in the individual record or in some other way that clarifies what rights
apply.
Databases can contain a wide variety of types of content (images,
Sometimes the contents of a database, or the database itself, can be covered
audiovisual material, and sounds all in the same database, for example),
by other rights not addressed here (such as private contracts, trade mark
and so the ODbL only governs the rights over the Database, and not the
over the name, or privacy rights / data protection rights over information
contents of the Database individually. Licensors should use the ODbL
in the contents), and so you are advised that you may have to consult other
together with another license for the contents, if the contents have a
documents or clear other rights before doing activities not covered by this
single set of rights that uniformly covers all of the contents. If the
License.
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.
------
------
@ -71,93 +72,101 @@ You (as defined below)
agree as follows:
agree as follows:
### 1.0 Definitions of Capitalised Words 1.0 Definitions of Capitalised Words
"Collective Database" –
"Collective Database" - Means this Database in unmodified form as part of
of a collection of independent databases in themselves that together are
a collection of independent databases in themselves that together are
assembled into a collective whole. A work that constitutes a Collective
assembled
Database will not be considered a Derivative Database.
into a collective whole. A work that constitutes a Collective Database will
not be considered a Derivative Database.
"Convey" –
"Convey" - As a verb, means Using the Database, a Derivative Database, or
or the Database as part of a Collective Database in any way that enables
the Database as part of a Collective Database in any way that enables a Person
a Person to make or receive copies of the Database or a Derivative
to make or receive copies of the Database or a Derivative Database. Conveying
Database. Conveying does not include interaction with a user through a
does not include interaction with a user through a computer network, or
computer network, or creating and Using a Produced Work, where no
creating
transfer of a copy of the Database or a Derivative Database occurs.
and Using a Produced Work, where no transfer of a copy of the Database or
"Contents" –
a Derivative Database occurs.
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" –
"Contents" - The contents of this Database, which includes the information,
systematic or methodical way and individually accessible by electronic
independent works, or other material collected into the Database. For example,
or other means offered under the terms of this License.
the contents of the Database could be factual data or works such as images,
audiovisual material, text, or sounds.
"Database Directive" –
"Database" - A collection of material (the Contents) arranged in a systematic
Parliament and of the Council of 11 March 1996 on the legal protection or methodical way and individually accessible by electronic or other means
of databases, as amended or succeeded .
offered under the terms of this License .
"Database Right" –
"Database Directive" - Means Directive 96/9/EC of the European Parliament
generis") rights in the Database Directive (as amended and as transposed
and of the Council of 11 March 1996 on the legal protection of databases,
by member states), which includes the Extraction and Re-utilisation of
as amended or succeeded.
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" –
"Database Right" - Means rights resulting from the Chapter III ("sui generis")
includes any translation, adaptation, arrangement, modification, or any rights in the Database Directive (as amended and as transposed by member
other alteration of the Database or of a Sub stan tial part of th estates),
Contents. This includes, but is not limited to, Extracting or which includes the Extraction and Re-utilisation of the whole or a Substantial
Re-utilising the whole or a Substantial part of the Contents in a new part of the Contents, as well as any similar rights available in the relevant
Database .jurisdiction under Section 10.4 .
"Extraction" –
"Derivative Database" - Means a database based upon the Database, and includes
Substantial part of the Contents to another medium by any means or in
any translation, adaptation, arrangement, modification, or any other
any form.
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.
"License" –
"Extraction" - Means the permanent or temporary transfer of all or a
such as copyright and Database Rights and an agreement in contract.
Substantial
part of the Contents to another medium by any means or in any form.
"Licensor" –
"License" - Means this license agreement and is both a license of rights such
of this License .as copyright and Database Rights and an agreement in contract .
"Person" –
"Licensor" - Means the Person that offers the Database under the terms of
corporate or incorporat e.this Licens e.
"Produced Work" –
"Person" - Means a natural or legal person or a body of persons corporate
or sounds) resulting from using the whole or a Substantial part of the
or incorporate.
Contents (via a search or other query) from this Database, a Derivative
Database, or this Database as part of a Collective Database.
"Publicly" –
"Produced Work" - a work (such as an image, audiovisual material, text, or
either more than 50% ownership or by the power to direct their
sounds) resulting from using the whole or a Substantial part of the Contents
activities (such as contracting with an independent consultant).
(via a search or other query) from this Database, a Derivative Database, or
this Database as part of a Collective Database.
"Re-utilisation" –
"Publicly" - means to Persons other than You or under Your control by either
or a Substantial part of the Contents by the distribution of copies, by more than 50% ownership or by the power to direct their activities (such as
renting, by online or other forms of transmission .contracting with an independent consultant) .
"Substantial" –
"Re-utilisation" - means any form of making available to the public all or
combination of both. The repeated and systematic Extraction or
a Substantial part of the Contents by the distribution of copies, by renting,
Re-utilisation of insubstantial parts of the Contents may amount to the
by online or other forms of transmission.
Extraction or Re-utilisation of a Substantial part of the Contents.
"Use" –
"Substantial" - Means substantial in terms of quantity or quality or a
or Database Rights whether in the original medium or any other; and combination
includes without limitation distributing, copying, publicly performing, of both. The repeated and systematic Extraction or Re-utilisation of
publicly displaying, and preparing derivative works of the Database, as insubstantial
well as modifying the Database as may be technically necessary to use it parts of the Contents may amount to the Extraction or Re-utilisation of a
in a different mode or format .Substantial part of the Contents .
"You" –
"Use" - As a verb, means doing any act that is restricted by copyright or
previously violated the terms of this License with respect to the
Database Rights whether in the original medium or any other; and includes
Database, or who has received express permission from the Licensor to
without limitation distributing, copying, publicly performing, publicly
exercise rights under this License despite a previous violation.
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.
Words in the singular include the plural and vice versa.
"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.
### 2.0 What this License covers
Words in the singular include the plural and vice versa.
2.1. Legal effect of this document. This License is:
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;
a. A license of applicable copyright and neighbouring rights;
@ -166,408 +175,413 @@ Words in the singular include the plural and vice versa.
c. An agreement in contract between You and the Licensor.
c. An agreement in contract between You and the Licensor.
2.2 Legal rights covered. This License covers the legal rights in the
2.2 Legal rights covered. This License covers the legal rights in the
Database, including:
Database,
including:
a. Copyright. Any copyright or neighbouring rights in the Database.a. Copyright. Any copyright or neighbouring rights in the Database. The
The copyright licensed includes any individual elements of the copyright
Database, but does not cover the copyright over the Contents
licensed includes any individual elements of the Database, but does not cover
independent of this Database. See Section 2.4 for details. Copyright
the copyright over the Contents independent of this Database. See Section
law varies between jurisdictions, but is likely to cover: the Database
2.4 for details. Copyright law varies between jurisdictions, but is likely
model or schema, which is the structure, arrangement, and organisation
to cover: the Database model or schema, which is the structure, arrangement,
of the Database, and can also include the Database tables and table
and organisation of the Database, and can also include the Database tables
indexes; the data entry and output sheets; and the Field names of
and table indexes; the data entry and output sheets; and the Field names of
Contents stored in the Database;Contents stored in the Database;
b. Database Rights. Database Rights only extend to the Extraction andb. Database Rights. Database Rights only extend to the Extraction and
Re-utilisation of the whole or a Substantial part of the Contents. Re-utilisation
Database Rights can apply even when there is no copyright over the
of the whole or a Substantial part of the Contents. Database Rights can apply
Database. Database Rights can also apply when the Contents are removed
even when there is no copyright over the Database. Database Rights can also
from the Database and are selected and arranged in a way that would
apply when the Contents are removed from the Database and are selected and
not infringe any applicable copyright; and
arranged in a way that would not infringe any applicable copyright; and
c. Contract. This is an agreement between You and the Licensor forc. Contract. This is an agreement between You and the Licensor for access
access to the Database. In return you agree to certain conditions ofto the Database. In return you agree to certain conditions of use on this
use on this access as outlined in this License.access as outlined in this License.
2.3 Rights not covered.
2.3 Rights not covered.
a. This License does not apply to computer programs used in the makinga. This License does not apply to computer programs used in the making or
or operation of the Database;operation of the Database;
b. This License does not cover any patents over the Contents or theb. This License does not cover any patents over the Contents or the Database;
Database; andand
c. This License does not cover any trademarks associated with the
c. This License does not cover any trademarks associated with the Database.
Database.
2.4 Relationship to Contents in the Database. The individual items of
2.4 Relationship to Contents in the Database. The individual items of the
the Contents contained in this Database may be covered by other rights,
Contents contained in this Database may be covered by other rights, including
including copyright, patent, data protection, privacy, or personality
copyright, patent, data protection, privacy, or personality rights, and this
rights, and this License does not cover any rights (other than Database
License does not cover any rights (other than Database Rights or in contract)
Rights or in contract) in individual Contents contained in the Database.
in individual Contents contained in the Database. For example, if used on
For example, if used on a Database of images (the Contents), this
a Database of images (the Contents), this License would not apply to copyright
License would not apply to copyright over individual images, which could
over individual images, which could have their own separate licenses, or one
have their own separate licenses, or one single license covering all of
single license covering all of the rights over the images.
the rights over the images.
### 3.0 Rights granted 3.0 Rights granted
3.1 Subject to the terms and conditions of this License, the Licensor
3.1 Subject to the terms and conditions of this License, the Licensor grants
grants to You a worldwide, royalty-free, non-exclusive, terminable (but
to You a worldwide, royalty-free, non-exclusive, terminable (but only under
only under Section 9) license to Use the Database for the duration of
Section 9) license to Use the Database for the duration of any applicable
any applicable copyright and Database Rights. These rights explicitly
copyright and Database Rights. These rights explicitly include commercial
include commercial use, and do not exclude any field of endeavour. To
use, and do not exclude any field of endeavour. To the extent possible in
the extent possible in the relevant jurisdiction, these rights may be
the relevant jurisdiction, these rights may be exercised in all media and
exercised in all media and formats whether now known or created in the
formats whether now known or created in the future.
future.
The rights granted cover, for example:
The rights granted cover, for example:
a. Extraction and Re-utilisation of the whole or a Substantial part ofa. Extraction and Re-utilisation of the whole or a Substantial part of the
the Contents;Contents;
b. Creation of Derivative Databases;
b. Creation of Derivative Databases;
c. Creation of Collective Databases;
c. Creation of Collective Databases;
d. Creation of temporary or permanent reproductions by any means andd. Creation of temporary or permanent reproductions by any means and in any
in any form, in whole or in part, including of any Derivativeform, in whole or in part, including of any Derivative Databases or as a part
Databases or as a part of Collective Databases; andof Collective Databases; and
e. Distribution, communication, display, lending, making available, ore. Distribution, communication, display, lending, making available, or
performance to the public by any means and in any form, in whole or in performance
part, including of any Derivative Database or as a part of Collective to the public by any means and in any form, in whole or in part, including
Databases.
of any Derivative Database or as a part of Collective Databases.
3.2 Compulsory license schemes. For the avoidance of doubt:
3.2 Compulsory license schemes. For the avoidance of doubt:
a. Non-waivable compulsory license schemes. In those jurisdictions ina. Non-waivable compulsory license schemes. In those jurisdictions in which
which the right to collect royalties through any statutory orthe right to collect royalties through any statutory or compulsory licensing
compulsory licensing scheme cannot be waived, the Licensor reservesscheme cannot be waived, the Licensor reserves the exclusive right to collect
the exclusive right to collect such royalties for any exercise by Yousuch royalties for any exercise by You of the rights granted under this
of the rights granted under this License;License;
b. Waivable compulsory license schemes. In those jurisdictions in
b. Waivable compulsory license schemes. In those jurisdictions in which the
which the right to collect royalties through any statutory or
right to collect royalties through any statutory or compulsory licensing
compulsory licensing scheme can be waived, the Licensor waives the
scheme
exclusive right to collect such royalties for any exercise by You of
can be waived, the Licensor waives the exclusive right to collect such
the rights granted under this License; and,
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
c. Voluntary license schemes. The Licensor waives the right to collect
royalties, whether individually or, in the event that the Licensor is
royalties,
a member of a collecting society that administers voluntary licensing
whether individually or, in the event that the Licensor is a member of a
schemes, via that society, from any exercise by You of the rights
collecting
granted under this License.
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
3.3 The right to release the Database under different terms, or to stop
distributing or making available the Database, is reserved. Note that
distributing
this Database may be multiple-licensed, and so You may have the choice
or making available the Database, is reserved. Note that this Database may
of using alternative licenses for this Database. Subject to Section
be multiple-licensed, and so You may have the choice of using alternative
10.4, all other rights not expressly granted by Licensor are reserved.
licenses for this Database. Subject to Section 10.4, all other rights not
expressly granted by Licensor are reserved.
### 4.0 Conditions of Use 4.0 Conditions of Use
4.1 The rights granted in Section 3 above are expressly made subject to
4.1 The rights granted in Section 3 above are expressly made subject to Your
Your complying with the following conditions of use. These are important
complying with the following conditions of use. These are important conditions
conditions of this License, and if You fail to follow them, You will be
of this License, and if You fail to follow them, You will be in material
in material breach of its terms.
breach
of its terms.
4.2 Notices. If You Publicly Convey this Database, any Derivative
4.2 Notices. If You Publicly Convey this Database, any Derivative Database,
Database, or the Database as part of a Collective Database, then You
or the Database as part of a Collective Database, then You must:
must:
a. Do so only under the terms of this License or another licensea. Do so only under the terms of this License or another license permitted
permitted under Section 4.4;under Section 4.4;
b. Include a copy of this License (or, as applicable, a licenseb. Include a copy of this License (or, as applicable, a license permitted
permitted under Section 4.4) or its Uniform Resource Identifier (URI)under Section 4.4) or its Uniform Resource Identifier (URI) with the Database
with the Database or Derivative Database, including both in theor Derivative Database, including both in the Database or Derivative Database
Database or Derivative Database and in any relevant documentation; andand in any relevant documentation; and
c. Keep intact any copyright or Database Right notices and noticesc. Keep intact any copyright or Database Right notices and notices that refer
that refer to this License.to this License.
d. If it is not possible to put the required notices in a particular
d. If it is not possible to put the required notices in a particular file
file due to its structure, then You must include the notices in a
due to its structure, then You must include the notices in a location (such
location (such as a relevant directory) where users would be likely to
as a relevant directory) where users would be likely to look for it.
look for it.
4.3 Notice for using output (Contents). Creating and Using a Produced
4.3 Notice for using output (Contents). Creating and Using a Produced Work
Work does not require the notice in Section 4.2. However, if you
does not require the notice in Section 4.2. However, if you Publicly Use a
Publicly Use a Produced Work, You must include a notice associated with
Produced Work, You must include a notice associated with the Produced Work
the Produced Work reasonably calculated to make any Person that uses,
reasonably calculated to make any Person that uses, views, accesses, interacts
views, accesses, interacts with, or is otherwise exposed to the Produced
with, or is otherwise exposed to the Produced Work aware that Content was
Work aware that Content was obtained from the Database, Derivative
obtained from the Database, Derivative Database, or the Database as part of
Database, or the Database as part of a Collective Database, and that it
a Collective Database, and that it is available under this License.
is available under this License.
a. Example notice. The following text will satisfy notice under
a. Example notice. The following text will satisfy notice under Section 4.3:
Section 4.3:
Contains information from DATABASE NAME, which is made availableContains information from DATABASE NAME, which is made available here under
here under the Open Database License (ODbL).the Open Database License (ODbL).
DATABASE NAME should be replaced with the name of the Database and a
DATABASE NAME should be replaced with the name of the Database and a hyperlink
hyperlink to the URI of the Database. "Open Database License" should
to the URI of the Database. "Open Database License" should contain a hyperlink
contain a hyperlink to the URI of the text of this License. If
to the URI of the text of this License. If hyperlinks are not possible, You
hyperlinks are not possible, You should include the plain text of the
should include the plain text of the required URI's with the above notice.
required URI's with the above notice.
4.4 Share alike.
4.4 Share alike.
a. Any Derivative Database that You Publicly Use must be only undera. Any Derivative Database that You Publicly Use must be only under the terms
the terms of:of:
i. This License;
i. This License;
ii. A later version of this License similar in spirit to this
ii. A later version of this License similar in spirit to this License; or
License; or
iii. A compatible license.
iii. A compatible license.
If You license the Derivative Database under one of the licensesIf You license the Derivative Database under one of the licenses mentioned
mentioned in (iii), You must comply with the terms of that license.in (iii), You must comply with the terms of that license.
b. For the avoidance of doubt, Extraction or Re-utilisation of the
b. For the avoidance of doubt, Extraction or Re-utilisation of the whole or
whole or a Substantial part of the Contents into a new database is a
a Substantial part of the Contents into a new database is a Derivative
Derivative Database and must comply with Section 4.4.
Database
and must comply with Section 4.4.
c. Derivative Databases and Produced Works. A Derivative Database isc. Derivative Databases and Produced Works. A Derivative Database is Publicly
Publicly Used and so must comply with Section 4.4. if a Produced WorkUsed and so must comply with Section 4.4. if a Produced Work created from
created from the Derivative Database is Publicly Used.the Derivative Database is Publicly Used.
d. Share Alike and additional Contents. For the avoidance of doubt,
d. Share Alike and additional Contents. For the avoidance of doubt, You must
You must not add Contents to Derivative Databases under Section 4.4 a
not add Contents to Derivative Databases under Section 4.4 a that are
that are incompatible with the rights granted under this License.
incompatible
with the rights granted under this License.
e. Compatible licenses. Licensors may authorise a proxy to determine
e. Compatible licenses. Licensors may authorise a proxy to determine
compatible licenses under Section 4.4 a iii. If they do so, the
compatible
authorised proxy's public statement of acceptance of a compatible
licenses under Section 4.4 a iii. If they do so, the authorised proxy's public
license grants You permission to use the compatible license.
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:
4.5 Limits of Share Alike. The requirements of Section 4.4 do not apply
a. For the avoidance of doubt, You are not required to license Collective
in the following:
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;
a. For the avoidance of doubt, You are not required to license
b. Using this Database, a Derivative Database, or this Database as part of
Collective Databases under this License if You incorporate this
a Collective Database to create a Produced Work does not create a Derivative
Database or a Derivative Database in the collection, but this License
Database for purposes of Section 4.4; and
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
c. Use of a Derivative Database internally within an organisation is not to
part of a Collective Database to create a Produced Work does not
the public and therefore does not fall under the requirements of Section 4.4.
create a Derivative Database for purposes of Section 4.4; and
c. Use of a Derivative Database internally within an organisation is
4.6 Access to Derivative Databases. If You Publicly Use a Derivative Database
not to the public and therefore does not fall under the requirements
or a Produced Work from a Derivative Database, You must also offer to
of Section 4.4.
recipients
of the Derivative Database or Produced Work a copy in a machine readable form
4.6 Access to Derivative Databases. If You Publicly Use a Derivative
of:
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
a. The entire Derivative Database; or
b. A file containing all of the alterations made to the Database orb. A file containing all of the alterations made to the Database or the method
the method of making the alterations to the Database (such as anof making the alterations to the Database (such as an algorithm), including
algorithm), including any additional Contents, that make up all theany additional Contents, that make up all the differences between the Database
differences between the Database and the Derivative Database.and the Derivative Database.
The Derivative Database (under a.) or alteration file (under b.) must be
The Derivative Database (under a.) or alteration file (under b.) must be
available at no more than a reasonable production cost for physical
available
distributions and free of charge if distributed over the internet.
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
4.7 Technological measures and additional terms
a. This License does not allow You to impose (except subject toa. This License does not allow You to impose (except subject to Section 4.7
Section 4.7 b.) any terms or any technological measures on theb.) any terms or any technological measures on the Database, a Derivative
Database, a Derivative Database, or the whole or a Substantial part ofDatabase, or the whole or a Substantial part of the Contents that alter or
the Contents that alter or restrict the terms of this License, or anyrestrict the terms of this License, or any rights granted under it, or have
rights granted under it, or have the effect or intent of restrictingthe effect or intent of restricting the ability of any person to exercise
the ability of any person to exercise those rights.those rights.
b. Parallel distribution. You may impose terms or technologicalb. Parallel distribution. You may impose terms or technological measures on
measures on the Database, a Derivative Database, or the whole or athe Database, a Derivative Database, or the whole or a Substantial part of
Substantial part of the Contents (a "Restricted Database") inthe Contents (a "Restricted Database") in contravention of Section 4.74 a.
contravention of Section 4.74 a. only if You also make a copy of theonly if You also make a copy of the Database or a Derivative Database
Database or a Derivative Database available to the recipient of the available
Restricted Database:
to the recipient of the Restricted Database:
i. That is available without additional fee;
i. That is available without additional fee;
ii. That is available in a medium that does not alter or restrict
ii. That is available in a medium that does not alter or restrict the terms
the terms of this License, or any rights granted under it, or have
of this License, or any rights granted under it, or have the effect or intent
the effect or intent of restricting the ability of any person to
of restricting the ability of any person to exercise those rights (an
exercise those rights (an "Unrestricted Database"); and
"Unrestricted
Database"); and
iii. The Unrestricted Database is at least as accessible to theiii. The Unrestricted Database is at least as accessible to the recipient
recipient as a practical matter as the Restricted Database.as a practical matter as the Restricted Database.
c. For the avoidance of doubt, You may place this Database or ac. For the avoidance of doubt, You may place this Database or a Derivative
Derivative Database in an authenticated environment, behind aDatabase in an authenticated environment, behind a password, or within a
password, or within a similar access control scheme provided that You similar
do not alter or restrict the terms of this License or any rights
access control scheme provided that You do not alter or restrict the terms
granted under it or have the effect or intent of restricting the
of this License or any rights granted under it or have the effect or intent
ability of any person to exercise those rights.
of restricting the ability of any person to exercise those rights.
4.8 Licensing of others. You may not sublicense the Database. Each time
4.8 Licensing of others. You may not sublicense the Database. Each time You
You communicate the Database, the whole or Substantial part of the
communicate the Database, the whole or Substantial part of the Contents, or
Contents, or any Derivative Database to anyone else in any way, the
any Derivative Database to anyone else in any way, the Licensor offers to
Licensor offers to the recipient a license to the Database on the same
the recipient a license to the Database on the same terms and conditions as
terms and conditions as this License. You are not responsible for
this License. You are not responsible for enforcing compliance by third
enforcing compliance by third parties with this License, but You may
parties
enforce any rights that You have over a Derivative Database. You are
with this License, but You may enforce any rights that You have over a
solely responsible for any modifications of a Derivative Database made
Derivative
by You or another Person at Your direction. You may not impose any
Database. You are solely responsible for any modifications of a Derivative
further restrictions on the exercise of the rights granted or affirmed
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
5.1 Moral rights. This section covers moral rights, including any rights to
to be identified as the author of the Database or to object to treatmentbe identified as the author of the Database or to object to treatment that
that would otherwise prejudice the author's honour and reputation, orwould otherwise prejudice the author's honour and reputation, or any other
any other derogatory treatment:derogatory treatment:
a. For jurisdictions allowing waiver of moral rights, Licensor waives
a. For jurisdictions allowing waiver of moral rights, Licensor waives all
all moral rights that Licensor may have in the Database to the fullest
moral rights that Licensor may have in the Database to the fullest extent
extent possible by the law of the relevant jurisdiction under Section
possible by the law of the relevant jurisdiction under Section 10.4;
10.4;
b. If waiver of moral rights under Section 5.1 a in the relevantb. If waiver of moral rights under Section 5.1 a in the relevant jurisdiction
jurisdiction is not possible, Licensor agrees not to assert any moralis not possible, Licensor agrees not to assert any moral rights over the
rights over the Database and waives all claims in moral rights to the Database
fullest extent possible by the law of the relevant jurisdiction under
and waives all claims in moral rights to the fullest extent possible by the
Section 10.4; and
law of the relevant jurisdiction under Section 10.4; and
c. For jurisdictions not allowing waiver or an agreement not to assertc. For jurisdictions not allowing waiver or an agreement not to assert moral
moral rights under Section 5.1 a and b, the author may retain theirrights under Section 5.1 a and b, the author may retain their moral rights
moral rights over certain aspects of the Database.over certain aspects of the Database.
Please note that some jurisdictions do not allow for the waiver of moral
Please note that some jurisdictions do not allow for the waiver of moral
rights, and so moral rights may still subsist over the Database in some
rights,
jurisdictions.
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
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
independently
Database, including without limitation:
have under any applicable law to make any use of this Database, including
without limitation:
a. Exceptions to the Database Right including: Extraction of Contentsa. Exceptions to the Database Right including: Extraction of Contents from
from non-electronic Databases for private purposes, Extraction fornon-electronic Databases for private purposes, Extraction for purposes of
purposes of illustration for teaching or scientific research, andillustration for teaching or scientific research, and Extraction or
Extraction or Re-utilisation for public security or an administrative Re-utilisation
or judicial procedure.
for public security or an administrative or judicial procedure.
b. Fair dealing, fair use, or any other legally recognised limitation
b. Fair dealing, fair use, or any other legally recognised limitation or
or exception to infringement of copyright or other applicable laws.
exception
to infringement of copyright or other applicable laws.
6.2 This License does not affect any rights of lawful users to Extract
6.2 This License does not affect any rights of lawful users to Extract and
and Re-utilise insubstantial parts of the Contents, evaluated
Re-utilise insubstantial parts of the Contents, evaluated quantitatively or
quantitatively or qualitatively, for any purposes whatsoever, including
qualitatively, for any purposes whatsoever, including creating a Derivative
creating a Derivative Database (subject to other rights over the
Database (subject to other rights over the Contents, see Section 2.4). The
Contents, see Section 2.4). The repeated and systematic Extraction or
repeated and systematic Extraction or Re-utilisation of insubstantial parts
Re-utilisation of insubstantial parts of the Contents may however amount
of the Contents may however amount to the Extraction or Re-utilisation of
to the Extraction or Re-utilisation of a Substantial part of the
a Substantial part of the Contents.
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
7.1 The Database is licensed by the Licensor "as is" and without any warranty
warranty of any kind, either express, implied, or arising by statute,
of any kind, either express, implied, or arising by statute, custom, course
custom, course of dealing, or trade usage. Licensor specifically
of dealing, or trade usage. Licensor specifically disclaims any and all
disclaims any and all implied warranties or conditions of title,
implied
non-infringement, accuracy or completeness, the presence or absence of
warranties or conditions of title, non-infringement, accuracy or completeness,
errors, fitness for a particular purpose, merchantability, or otherwise.
the presence or absence of errors, fitness for a particular purpose,
Some jurisdictions do not allow the exclusion of implied warranties, so
merchantability,
this exclusion may not apply to You.
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,
8.1 Subject to any liability that may not be excluded or limited by law, the
the Licensor is not liable for, and expressly excludes, all liabilityLicensor is not liable for, and expressly excludes, all liability for loss
for loss or damage however and whenever caused to anyone by any useor damage however and whenever caused to anyone by any use under this License,
under this License, whether by You or by anyone else, and whether causedwhether by You or by anyone else, and whether caused by any fault on the part
by any fault on the part of the Licensor or not. This exclusion ofof the Licensor or not. This exclusion of liability includes, but is not
liability includes, but is not limited to, any special, incidental, limited
consequential, punitive, or exemplary damages such as loss of revenue,
to, any special, incidental, consequential, punitive, or exemplary damages
data, anticipated profits, and lost business. This exclusion applies
such as loss of revenue, data, anticipated profits, and lost business. This
even if the Licensor has been advised of the possibility of such
exclusion applies even if the Licensor has been advised of the possibility
damages.
of such damages.
8.2 If liability may not be excluded by law, it is limited to actual and
8.2 If liability may not be excluded by law, it is limited to actual and
direct financial loss to the extent it is caused by proved negligence on
direct
the part of the Licensor.
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
9.1 Any breach by You of the terms and conditions of this License
automatically terminates this License with immediate effect and without
automatically
notice to You. For the avoidance of doubt, Persons who have received the terminates this License with immediate effect and without notice to You. For
Database, the whole or a Substantial part of the Contents, Derivativ ethe avoidance of doubt, Persons who have received the Database, the whol e
Databases, or the Database as part of a Collective Database from You or a Substantial part of the Contents, Derivative Databases, or the Database
under this License will not have their licenses terminated provided
as part of a Collective Database from You under this License will not have
their use is in full compliance with this License or a license granted
their licenses terminated provided their use is in full compliance with this
under Section 4.8 of this License. Sections 1, 2, 7, 8, 9 and 10 will
License or a license granted under Section 4.8 of this License. Sections 1,
survive any termination of this License.
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
9.2 If You are not in breach of the terms of this License, the Licensor will
will not terminate Your rights under it.not terminate Your rights under it.
9.3 Unless terminated under Section 9.1, this License is granted to You
9.3 Unless terminated under Section 9.1, this License is granted to You for
for the duration of applicable rights in the Database.the duration of applicable rights in the Database.
9.4 Reinstatement of rights. If you cease any breach of the terms and
9.4 Reinstatement of rights. If you cease any breach of the terms and
conditions of this License, then your full rights under this License
conditions
will be reinstated:
of this License, then your full rights under this License will be reinstated:
a. Provisionally and subject to permanent termination until the 60tha. Provisionally and subject to permanent termination until the 60th day after
day after cessation of breach;cessation of breach;
b. Permanently on the 60th day after cessation of breach unlessb. Permanently on the 60th day after cessation of breach unless otherwise
otherwise reasonably notified by the Licensor; orreasonably notified by the Licensor; or
c. Permanently if reasonably notified by the Licensor of thec. Permanently if reasonably notified by the Licensor of the violation, this
violation, this is the first time You have received notice ofis the first time You have received notice of violation of this License from
violation of this License from the Licensor, and You cure thethe Licensor, and You cure the violation prior to 30 days after your receipt
violation prior to 30 days after your receipt of the notice.of the notice.
Persons subject to permanent termination of rights are not eligible to
Persons subject to permanent termination of rights are not eligible to be
be a recipient and receive a license under Section 4.8.a recipient and receive a license under Section 4.8.
9.5 Notwithstanding the above, Licensor reserves the right to release
9.5 Notwithstanding the above, Licensor reserves the right to release the
the Database under different license terms or to stop distributing or
Database under different license terms or to stop distributing or making
making available the Database. Releasing the Database under different
available
license terms or stopping the distribution of the Database will not
the Database. Releasing the Database under different license terms or stopping
withdraw this License (or any other license that has been, or is
the distribution of the Database will not withdraw this License (or any other
required to be, granted under the terms of this License), and this
license that has been, or is required to be, granted under the terms of this
License will continue in full force and effect unless terminated as
License), and this License will continue in full force and effect unless
stated above.
terminated
as stated above.
### 10.0 General 10.0 General
10.1 If any provision of this License is held to be invalid or
10.1 If any provision of this License is held to be invalid or unenforceable,
unenforceable, that must not affect the validity or enforceability of
that must not affect the validity or enforceability of the remainder of the
the remainder of the terms and conditions of this License and each
terms and conditions of this License and each remaining provision of this
remaining provision of this License shall be valid and enforced to the
License shall be valid and enforced to the fullest extent permitted by law.
fullest extent permitted by law.
10.2 This License is the entire agreement between the parties with
10.2 This License is the entire agreement between the parties with respect
respect to the rights granted here over the Database. It replaces anyto the rights granted here over the Database. It replaces any earlier
earlier understandings, agreements or representations with respect to understandings,
the Database.
agreements or representations with respect to the Database.
10.3 If You are in breach of the terms of this License, You will not be
10.3 If You are in breach of the terms of this License, You will not be
entitled to rely on the terms of this License or to complain of any
entitled
breach by the Licensor.
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
10.4 Choice of law. This License takes effect in and will be governed by the
the laws of the relevant jurisdiction in which the License terms are
laws of the relevant jurisdiction in which the License terms are sought to
sought to be enforced. If the standard suite of rights granted under
be enforced. If the standard suite of rights granted under applicable
applicable copyright law and Database Rights in the relevant
copyright
jurisdiction includes additional rights not granted under this License,
law and Database Rights in the relevant jurisdiction includes additional
these additional rights are granted in this License in order to meet the
rights
terms of this License.
not granted under this License, these additional rights are granted in this
License in order to meet the terms of this License.
Mike Linksvayer