## 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. |