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---
title: ODC Open Database License v1.0
spdx-id: ODbL-1.0
nickname: ODbL v1
redirect_from: /licenses/odbl/
hidden: true
source: http://opendatacommons.org/licenses/odbl/1.0/
description: 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.
how: Create a text file (typically named LICENSE or LICENSE.txt) in the root of your source code and copy the text of the into the file.
using:
permissions:
- commercial-use
- private-use
- modifications
- distribution
conditions:
- attribution
- share-alike
- keep open
limitations:
- liability
- warranty
---
Copyright [year] [fullname]
---
ODC Open Database License (ODbL) 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.
Databases can contain a wide variety of types of content (images, audiovisual
material, and sounds all in the same database, for example), and so the ODbL
only governs the rights over the Database, and not the contents of the
Database individually. Licensors should use the ODbL together with another
license for the contents, if the contents have a single set of rights that
uniformly covers all of the contents. If the contents have multiple sets of
different rights, Licensors should describe what rights govern what contents
together in the individual record or in some other way that clarifies what
rights apply.
Sometimes the contents of a database, or the database itself, can be covered
by other rights not addressed here (such as private contracts, trade mark
over the name, or privacy rights / data protection rights over information
in the contents), and so you are advised that you may have to consult other
documents or clear other rights before doing activities not covered by this
License.
------
The Licensor (as defined below)
and
You (as defined below)
agree as follows:
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:
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.
5.0 Moral rights
5.1 Moral rights. This section covers moral rights, including any rights to
be identified as the author of the Database or to object to treatment that
would otherwise prejudice the author's honour and reputation, or any other
derogatory treatment:
a. For jurisdictions allowing waiver of moral rights, Licensor waives all
moral rights that Licensor may have in the Database to the fullest extent
possible by the law of the relevant jurisdiction under Section 10.4;
b. If waiver of moral rights under Section 5.1 a in the relevant jurisdiction
is not possible, Licensor agrees not to assert any moral rights over the
Database and waives all claims in moral rights to the fullest extent possible
by the law of the relevant jurisdiction under Section 10.4; and
c. For jurisdictions not allowing waiver or an agreement not to assert moral
rights under Section 5.1 a and b, the author may retain their moral rights
over certain aspects of the Database.
Please note that some jurisdictions do not allow for the waiver of moral
rights, and so moral rights may still subsist over the Database in some
jurisdictions.
6.0 Fair dealing, Database exceptions, and other rights not affected
6.1 This License does not affect any rights that You or anyone else may
independently have under any applicable law to make any use of this
Database, including without limitation:
a. Exceptions to the Database Right including: Extraction of Contents from
non-electronic Databases for private purposes, Extraction for purposes of
illustration for teaching or scientific research, and Extraction or Re-
utilisation for public security or an administrative or judicial procedure.
b. Fair dealing, fair use, or any other legally recognised limitation or
exception to infringement of copyright or other applicable laws.
6.2 This License does not affect any rights of lawful users to Extract and
Re-utilise insubstantial parts of the Contents, evaluated quantitatively or
qualitatively, for any purposes whatsoever, including creating a Derivative
Database (subject to other rights over the Contents, see Section 2.4). The
repeated and systematic Extraction or Re-utilisation of insubstantial parts
of the Contents may however amount to the Extraction or Re-utilisation of
a Substantial part of the Contents.
7.0 Warranties and Disclaimer
7.1 The Database is licensed by the Licensor "as is" and without any warranty
of any kind, either express, implied, or arising by statute, custom, course
of dealing, or trade usage. Licensor specifically disclaims any and all
implied warranties or conditions of title, non-infringement, accuracy or
completeness, the presence or absence of errors, fitness for a particular
purpose, merchantability, or otherwise. Some jurisdictions do not allow the
exclusion of implied warranties, so this exclusion may not apply to You.
8.0 Limitation of liability
8.1 Subject to any liability that may not be excluded or limited by law, the
Licensor is not liable for, and expressly excludes, all liability for loss
or damage however and whenever caused to anyone by any use under this
License, whether by You or by anyone else, and whether caused by any fault on
the part of the Licensor or not. This exclusion of liability includes, but is
not limited to, any special, incidental, consequential, punitive, or
exemplary damages such as loss of revenue, data, anticipated profits, and
lost business. This exclusion applies even if the Licensor has been advised
of the possibility of such damages.
8.2 If liability may not be excluded by law, it is limited to actual and
direct financial loss to the extent it is caused by proved negligence on the
part of the Licensor.
9.0 Termination of Your rights under this License
9.1 Any breach by You of the terms and conditions of this License
automatically terminates this License with immediate effect and without
notice to You. For the avoidance of doubt, Persons who have received the
Database, the whole or a Substantial part of the Contents, Derivative
Databases, or the Database as part of a Collective Database from You under
this License will not have their licenses terminated provided their use is in
full compliance with this License or a license granted under Section 4.8 of
this License. Sections 1, 2, 7, 8, 9 and 10 will survive any termination of
this License.
9.2 If You are not in breach of the terms of this License, the Licensor will
not terminate Your rights under it.
9.3 Unless terminated under Section 9.1, this License is granted to You for
the duration of applicable rights in the Database.
9.4 Reinstatement of rights. If you cease any breach of the terms and
conditions of this License, then your full rights under this License will be
reinstated:
a. Provisionally and subject to permanent termination until the 60th day
after cessation of breach;
b. Permanently on the 60th day after cessation of breach unless otherwise
reasonably notified by the Licensor; or
c. Permanently if reasonably notified by the Licensor of the violation, this
is the first time You have received notice of violation of this License from
the Licensor, and You cure the violation prior to 30 days after your receipt
of the notice.
Persons subject to permanent termination of rights are not eligible to be
a recipient and receive a license under Section 4.8.
9.5 Notwithstanding the above, Licensor reserves the right to release the
Database under different license terms or to stop distributing or making
available the Database. Releasing the Database under different license terms
or stopping the distribution of the Database will not withdraw this License
(or any other license that has been, or is required to be, granted under the
terms of this License), and this License will continue in full force and
effect unless terminated as stated above.
10.0 General
10.1 If any provision of this License is held to be invalid or unenforceable,
that must not affect the validity or enforceability of the remainder of the
terms and conditions of this License and each remaining provision of this
License shall be valid and enforced to the fullest extent permitted by law.
10.2 This License is the entire agreement between the parties with respect
to the rights granted here over the Database. It replaces any earlier
understandings, agreements or representations with respect to the Database.
10.3 If You are in breach of the terms of this License, You will not be
entitled to rely on the terms of this License or to complain of any breach by
the Licensor.
10.4 Choice of law. This License takes effect in and will be governed by the
laws of the relevant jurisdiction in which the License terms are sought to
be enforced. If the standard suite of rights granted under applicable
copyright law and Database Rights in the relevant jurisdiction includes
additional rights not granted under this License, these additional rights are
granted in this License in order to meet the terms of this License.
ODC Open Database License (ODbL) 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.
Databases can contain a wide variety of types of content (images, audiovisual
material, and sounds all in the same database, for example), and so the ODbL
only governs the rights over the Database, and not the contents of the
Database individually. Licensors should use the ODbL together with another
license for the contents, if the contents have a single set of rights that
uniformly covers all of the contents. If the contents have multiple sets of
different rights, Licensors should describe what rights govern what contents
together in the individual record or in some other way that clarifies what
rights apply.
Sometimes the contents of a database, or the database itself, can be covered
by other rights not addressed here (such as private contracts, trade mark
over the name, or privacy rights / data protection rights over information
in the contents), and so you are advised that you may have to consult other
documents or clear other rights before doing activities not covered by this
License.
------
The Licensor (as defined below)
and
You (as defined below)
agree as follows:
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:
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.
5.0 Moral rights
5.1 Moral rights. This section covers moral rights, including any rights to
be identified as the author of the Database or to object to treatment that
would otherwise prejudice the author's honour and reputation, or any other
derogatory treatment:
a. For jurisdictions allowing waiver of moral rights, Licensor waives all
moral rights that Licensor may have in the Database to the fullest extent
possible by the law of the relevant jurisdiction under Section 10.4;
b. If waiver of moral rights under Section 5.1 a in the relevant jurisdiction
is not possible, Licensor agrees not to assert any moral rights over the
Database and waives all claims in moral rights to the fullest extent possible
by the law of the relevant jurisdiction under Section 10.4; and
c. For jurisdictions not allowing waiver or an agreement not to assert moral
rights under Section 5.1 a and b, the author may retain their moral rights
over certain aspects of the Database.
Please note that some jurisdictions do not allow for the waiver of moral
rights, and so moral rights may still subsist over the Database in some
jurisdictions.
6.0 Fair dealing, Database exceptions, and other rights not affected
6.1 This License does not affect any rights that You or anyone else may
independently have under any applicable law to make any use of this Database,
including without limitation:
a. Exceptions to the Database Right including: Extraction of Contents from
non-electronic Databases for private purposes, Extraction for purposes of
illustration for teaching or scientific research, and Extraction or Re-
utilisation for public security or an administrative or judicial procedure.
b. Fair dealing, fair use, or any other legally recognised limitation or
exception to infringement of copyright or other applicable laws.
6.2 This License does not affect any rights of lawful users to Extract and
Re-utilise insubstantial parts of the Contents, evaluated quantitatively or
qualitatively, for any purposes whatsoever, including creating a Derivative
Database (subject to other rights over the Contents, see Section 2.4). The
repeated and systematic Extraction or Re-utilisation of insubstantial parts
of the Contents may however amount to the Extraction or Re-utilisation of
a Substantial part of the Contents.
7.0 Warranties and Disclaimer
7.1 The Database is licensed by the Licensor "as is" and without any warranty
of any kind, either express, implied, or arising by statute, custom, course
of dealing, or trade usage. Licensor specifically disclaims any and all
implied warranties or conditions of title, non-infringement, accuracy or
completeness, the presence or absence of errors, fitness for a particular
purpose, merchantability, or otherwise. Some jurisdictions do not allow the
exclusion of implied warranties, so this exclusion may not apply to You.
8.0 Limitation of liability
8.1 Subject to any liability that may not be excluded or limited by law, the
Licensor is not liable for, and expressly excludes, all liability for loss
or damage however and whenever caused to anyone by any use under this
License, whether by You or by anyone else, and whether caused by any fault on
the part of the Licensor or not. This exclusion of liability includes, but is
not limited to, any special, incidental, consequential, punitive, or
exemplary damages such as loss of revenue, data, anticipated profits, and
lost business. This exclusion applies even if the Licensor has been advised
of the possibility of such damages.
8.2 If liability may not be excluded by law, it is limited to actual and
direct financial loss to the extent it is caused by proved negligence on the
part of the Licensor.
9.0 Termination of Your rights under this License
9.1 Any breach by You of the terms and conditions of this License
automatically terminates this License with immediate effect and without
notice to You. For the avoidance of doubt, Persons who have received the
Database, the whole or a Substantial part of the Contents, Derivative
Databases, or the Database as part of a Collective Database from You under
this License will not have their licenses terminated provided their use is in
full compliance with this License or a license granted under Section 4.8 of
this License. Sections 1, 2, 7, 8, 9 and 10 will survive any termination of
this License.
9.2 If You are not in breach of the terms of this License, the Licensor will
not terminate Your rights under it.
9.3 Unless terminated under Section 9.1, this License is granted to You for
the duration of applicable rights in the Database.
9.4 Reinstatement of rights. If you cease any breach of the terms and
conditions of this License, then your full rights under this License will be
reinstated:
a. Provisionally and subject to permanent termination until the 60th day
after cessation of breach;
b. Permanently on the 60th day after cessation of breach unless otherwise
reasonably notified by the Licensor; or
c. Permanently if reasonably notified by the Licensor of the violation, this
is the first time You have received notice of violation of this License from
the Licensor, and You cure the violation prior to 30 days after your receipt
of the notice.
Persons subject to permanent termination of rights are not eligible to be
a recipient and receive a license under Section 4.8.
9.5 Notwithstanding the above, Licensor reserves the right to release the
Database under different license terms or to stop distributing or making
available the Database. Releasing the Database under different license terms
or stopping the distribution of the Database will not withdraw this License
(or any other license that has been, or is required to be, granted under the
terms of this License), and this License will continue in full force and
effect unless terminated as stated above.
10.0 General
10.1 If any provision of this License is held to be invalid or unenforceable,
that must not affect the validity or enforceability of the remainder of the
terms and conditions of this License and each remaining provision of this
License shall be valid and enforced to the fullest extent permitted by law.
10.2 This License is the entire agreement between the parties with respect
to the rights granted here over the Database. It replaces any earlier
understandings, agreements or representations with respect to the Database.
10.3 If You are in breach of the terms of this License, You will not be
entitled to rely on the terms of this License or to complain of any breach by the Licensor.
10.4 Choice of law. This License takes effect in and will be governed by the
laws of the relevant jurisdiction in which the License terms are sought to
be enforced. If the standard suite of rights granted under applicable
copyright law and Database Rights in the relevant jurisdiction includes
additional rights not granted under this License, these additional rights are
granted in this License in order to meet the terms of this License.
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