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0001 ## Open Data Commons Open Database License (ODbL) 0002 0003 ### Preamble 0004 0005 The Open Database License (ODbL) is a license agreement intended to 0006 allow users to freely share, modify, and use this Database while 0007 maintaining this same freedom for others. Many databases are covered by 0008 copyright, and therefore this document licenses these rights. Some 0009 jurisdictions, mainly in the European Union, have specific rights that 0010 cover databases, and so the ODbL addresses these rights, too. Finally, 0011 the ODbL is also an agreement in contract for users of this Database to 0012 act in certain ways in return for accessing this Database. 0013 0014 Databases can contain a wide variety of types of content (images, 0015 audiovisual material, and sounds all in the same database, for example), 0016 and so the ODbL only governs the rights over the Database, and not the 0017 contents of the Database individually. Licensors should use the ODbL 0018 together with another license for the contents, if the contents have a 0019 single set of rights that uniformly covers all of the contents. If the 0020 contents have multiple sets of different rights, Licensors should 0021 describe what rights govern what contents together in the individual 0022 record or in some other way that clarifies what rights apply. 0023 0024 Sometimes the contents of a database, or the database itself, can be 0025 covered by other rights not addressed here (such as private contracts, 0026 trade mark over the name, or privacy rights / data protection rights 0027 over information in the contents), and so you are advised that you may 0028 have to consult other documents or clear other rights before doing 0029 activities not covered by this License. 0030 0031 ------ 0032 0033 The Licensor (as defined below) 0034 0035 and 0036 0037 You (as defined below) 0038 0039 agree as follows: 0040 0041 ### 1.0 Definitions of Capitalised Words 0042 0043 "Collective Database" – Means this Database in unmodified form as part 0044 of a collection of independent databases in themselves that together are 0045 assembled into a collective whole. A work that constitutes a Collective 0046 Database will not be considered a Derivative Database. 0047 0048 "Convey" – As a verb, means Using the Database, a Derivative Database, 0049 or the Database as part of a Collective Database in any way that enables 0050 a Person to make or receive copies of the Database or a Derivative 0051 Database. Conveying does not include interaction with a user through a 0052 computer network, or creating and Using a Produced Work, where no 0053 transfer of a copy of the Database or a Derivative Database occurs. 0054 "Contents" – The contents of this Database, which includes the 0055 information, independent works, or other material collected into the 0056 Database. For example, the contents of the Database could be factual 0057 data or works such as images, audiovisual material, text, or sounds. 0058 0059 "Database" – A collection of material (the Contents) arranged in a 0060 systematic or methodical way and individually accessible by electronic 0061 or other means offered under the terms of this License. 0062 0063 "Database Directive" – Means Directive 96/9/EC of the European 0064 Parliament and of the Council of 11 March 1996 on the legal protection 0065 of databases, as amended or succeeded. 0066 0067 "Database Right" – Means rights resulting from the Chapter III ("sui 0068 generis") rights in the Database Directive (as amended and as transposed 0069 by member states), which includes the Extraction and Re-utilisation of 0070 the whole or a Substantial part of the Contents, as well as any similar 0071 rights available in the relevant jurisdiction under Section 10.4. 0072 0073 "Derivative Database" – Means a database based upon the Database, and 0074 includes any translation, adaptation, arrangement, modification, or any 0075 other alteration of the Database or of a Substantial part of the 0076 Contents. This includes, but is not limited to, Extracting or 0077 Re-utilising the whole or a Substantial part of the Contents in a new 0078 Database. 0079 0080 "Extraction" – Means the permanent or temporary transfer of all or a 0081 Substantial part of the Contents to another medium by any means or in 0082 any form. 0083 0084 "License" – Means this license agreement and is both a license of rights 0085 such as copyright and Database Rights and an agreement in contract. 0086 0087 "Licensor" – Means the Person that offers the Database under the terms 0088 of this License. 0089 0090 "Person" – Means a natural or legal person or a body of persons 0091 corporate or incorporate. 0092 0093 "Produced Work" – a work (such as an image, audiovisual material, text, 0094 or sounds) resulting from using the whole or a Substantial part of the 0095 Contents (via a search or other query) from this Database, a Derivative 0096 Database, or this Database as part of a Collective Database. 0097 0098 "Publicly" – means to Persons other than You or under Your control by 0099 either more than 50% ownership or by the power to direct their 0100 activities (such as contracting with an independent consultant). 0101 0102 "Re-utilisation" – means any form of making available to the public all 0103 or a Substantial part of the Contents by the distribution of copies, by 0104 renting, by online or other forms of transmission. 0105 0106 "Substantial" – Means substantial in terms of quantity or quality or a 0107 combination of both. The repeated and systematic Extraction or 0108 Re-utilisation of insubstantial parts of the Contents may amount to the 0109 Extraction or Re-utilisation of a Substantial part of the Contents. 0110 0111 "Use" – As a verb, means doing any act that is restricted by copyright 0112 or Database Rights whether in the original medium or any other; and 0113 includes without limitation distributing, copying, publicly performing, 0114 publicly displaying, and preparing derivative works of the Database, as 0115 well as modifying the Database as may be technically necessary to use it 0116 in a different mode or format. 0117 0118 "You" – Means a Person exercising rights under this License who has not 0119 previously violated the terms of this License with respect to the 0120 Database, or who has received express permission from the Licensor to 0121 exercise rights under this License despite a previous violation. 0122 0123 Words in the singular include the plural and vice versa. 0124 0125 ### 2.0 What this License covers 0126 0127 2.1. Legal effect of this document. This License is: 0128 0129 a. A license of applicable copyright and neighbouring rights; 0130 0131 b. A license of the Database Right; and 0132 0133 c. An agreement in contract between You and the Licensor. 0134 0135 2.2 Legal rights covered. This License covers the legal rights in the 0136 Database, including: 0137 0138 a. Copyright. Any copyright or neighbouring rights in the Database. 0139 The copyright licensed includes any individual elements of the 0140 Database, but does not cover the copyright over the Contents 0141 independent of this Database. See Section 2.4 for details. Copyright 0142 law varies between jurisdictions, but is likely to cover: the Database 0143 model or schema, which is the structure, arrangement, and organisation 0144 of the Database, and can also include the Database tables and table 0145 indexes; the data entry and output sheets; and the Field names of 0146 Contents stored in the Database; 0147 0148 b. Database Rights. Database Rights only extend to the Extraction and 0149 Re-utilisation of the whole or a Substantial part of the Contents. 0150 Database Rights can apply even when there is no copyright over the 0151 Database. Database Rights can also apply when the Contents are removed 0152 from the Database and are selected and arranged in a way that would 0153 not infringe any applicable copyright; and 0154 0155 c. Contract. This is an agreement between You and the Licensor for 0156 access to the Database. In return you agree to certain conditions of 0157 use on this access as outlined in this License. 0158 0159 2.3 Rights not covered. 0160 0161 a. This License does not apply to computer programs used in the making 0162 or operation of the Database; 0163 0164 b. This License does not cover any patents over the Contents or the 0165 Database; and 0166 0167 c. This License does not cover any trademarks associated with the 0168 Database. 0169 0170 2.4 Relationship to Contents in the Database. The individual items of 0171 the Contents contained in this Database may be covered by other rights, 0172 including copyright, patent, data protection, privacy, or personality 0173 rights, and this License does not cover any rights (other than Database 0174 Rights or in contract) in individual Contents contained in the Database. 0175 For example, if used on a Database of images (the Contents), this 0176 License would not apply to copyright over individual images, which could 0177 have their own separate licenses, or one single license covering all of 0178 the rights over the images. 0179 0180 ### 3.0 Rights granted 0181 0182 3.1 Subject to the terms and conditions of this License, the Licensor 0183 grants to You a worldwide, royalty-free, non-exclusive, terminable (but 0184 only under Section 9) license to Use the Database for the duration of 0185 any applicable copyright and Database Rights. These rights explicitly 0186 include commercial use, and do not exclude any field of endeavour. To 0187 the extent possible in the relevant jurisdiction, these rights may be 0188 exercised in all media and formats whether now known or created in the 0189 future. 0190 0191 The rights granted cover, for example: 0192 0193 a. Extraction and Re-utilisation of the whole or a Substantial part of 0194 the Contents; 0195 0196 b. Creation of Derivative Databases; 0197 0198 c. Creation of Collective Databases; 0199 0200 d. Creation of temporary or permanent reproductions by any means and 0201 in any form, in whole or in part, including of any Derivative 0202 Databases or as a part of Collective Databases; and 0203 0204 e. Distribution, communication, display, lending, making available, or 0205 performance to the public by any means and in any form, in whole or in 0206 part, including of any Derivative Database or as a part of Collective 0207 Databases. 0208 0209 3.2 Compulsory license schemes. For the avoidance of doubt: 0210 0211 a. Non-waivable compulsory license schemes. In those jurisdictions in 0212 which the right to collect royalties through any statutory or 0213 compulsory licensing scheme cannot be waived, the Licensor reserves 0214 the exclusive right to collect such royalties for any exercise by You 0215 of the rights granted under this License; 0216 0217 b. Waivable compulsory license schemes. In those jurisdictions in 0218 which the right to collect royalties through any statutory or 0219 compulsory licensing scheme can be waived, the Licensor waives the 0220 exclusive right to collect such royalties for any exercise by You of 0221 the rights granted under this License; and, 0222 0223 c. Voluntary license schemes. The Licensor waives the right to collect 0224 royalties, whether individually or, in the event that the Licensor is 0225 a member of a collecting society that administers voluntary licensing 0226 schemes, via that society, from any exercise by You of the rights 0227 granted under this License. 0228 0229 3.3 The right to release the Database under different terms, or to stop 0230 distributing or making available the Database, is reserved. Note that 0231 this Database may be multiple-licensed, and so You may have the choice 0232 of using alternative licenses for this Database. Subject to Section 0233 10.4, all other rights not expressly granted by Licensor are reserved. 0234 0235 ### 4.0 Conditions of Use 0236 0237 4.1 The rights granted in Section 3 above are expressly made subject to 0238 Your complying with the following conditions of use. These are important 0239 conditions of this License, and if You fail to follow them, You will be 0240 in material breach of its terms. 0241 0242 4.2 Notices. If You Publicly Convey this Database, any Derivative 0243 Database, or the Database as part of a Collective Database, then You 0244 must: 0245 0246 a. Do so only under the terms of this License or another license 0247 permitted under Section 4.4; 0248 0249 b. Include a copy of this License (or, as applicable, a license 0250 permitted under Section 4.4) or its Uniform Resource Identifier (URI) 0251 with the Database or Derivative Database, including both in the 0252 Database or Derivative Database and in any relevant documentation; and 0253 0254 c. Keep intact any copyright or Database Right notices and notices 0255 that refer to this License. 0256 0257 d. If it is not possible to put the required notices in a particular 0258 file due to its structure, then You must include the notices in a 0259 location (such as a relevant directory) where users would be likely to 0260 look for it. 0261 0262 4.3 Notice for using output (Contents). Creating and Using a Produced 0263 Work does not require the notice in Section 4.2. However, if you 0264 Publicly Use a Produced Work, You must include a notice associated with 0265 the Produced Work reasonably calculated to make any Person that uses, 0266 views, accesses, interacts with, or is otherwise exposed to the Produced 0267 Work aware that Content was obtained from the Database, Derivative 0268 Database, or the Database as part of a Collective Database, and that it 0269 is available under this License. 0270 0271 a. Example notice. The following text will satisfy notice under 0272 Section 4.3: 0273 0274 Contains information from DATABASE NAME, which is made available 0275 here under the Open Database License (ODbL). 0276 0277 DATABASE NAME should be replaced with the name of the Database and a 0278 hyperlink to the URI of the Database. "Open Database License" should 0279 contain a hyperlink to the URI of the text of this License. If 0280 hyperlinks are not possible, You should include the plain text of the 0281 required URI's with the above notice. 0282 0283 4.4 Share alike. 0284 0285 a. Any Derivative Database that You Publicly Use must be only under 0286 the terms of: 0287 0288 i. This License; 0289 0290 ii. A later version of this License similar in spirit to this 0291 License; or 0292 0293 iii. A compatible license. 0294 0295 If You license the Derivative Database under one of the licenses 0296 mentioned in (iii), You must comply with the terms of that license. 0297 0298 b. For the avoidance of doubt, Extraction or Re-utilisation of the 0299 whole or a Substantial part of the Contents into a new database is a 0300 Derivative Database and must comply with Section 4.4. 0301 0302 c. Derivative Databases and Produced Works. A Derivative Database is 0303 Publicly Used and so must comply with Section 4.4. if a Produced Work 0304 created from the Derivative Database is Publicly Used. 0305 0306 d. Share Alike and additional Contents. For the avoidance of doubt, 0307 You must not add Contents to Derivative Databases under Section 4.4 a 0308 that are incompatible with the rights granted under this License. 0309 0310 e. Compatible licenses. Licensors may authorise a proxy to determine 0311 compatible licenses under Section 4.4 a iii. If they do so, the 0312 authorised proxy's public statement of acceptance of a compatible 0313 license grants You permission to use the compatible license. 0314 0315 0316 4.5 Limits of Share Alike. The requirements of Section 4.4 do not apply 0317 in the following: 0318 0319 a. For the avoidance of doubt, You are not required to license 0320 Collective Databases under this License if You incorporate this 0321 Database or a Derivative Database in the collection, but this License 0322 still applies to this Database or a Derivative Database as a part of 0323 the Collective Database; 0324 0325 b. Using this Database, a Derivative Database, or this Database as 0326 part of a Collective Database to create a Produced Work does not 0327 create a Derivative Database for purposes of Section 4.4; and 0328 0329 c. Use of a Derivative Database internally within an organisation is 0330 not to the public and therefore does not fall under the requirements 0331 of Section 4.4. 0332 0333 4.6 Access to Derivative Databases. If You Publicly Use a Derivative 0334 Database or a Produced Work from a Derivative Database, You must also 0335 offer to recipients of the Derivative Database or Produced Work a copy 0336 in a machine readable form of: 0337 0338 a. The entire Derivative Database; or 0339 0340 b. A file containing all of the alterations made to the Database or 0341 the method of making the alterations to the Database (such as an 0342 algorithm), including any additional Contents, that make up all the 0343 differences between the Database and the Derivative Database. 0344 0345 The Derivative Database (under a.) or alteration file (under b.) must be 0346 available at no more than a reasonable production cost for physical 0347 distributions and free of charge if distributed over the internet. 0348 0349 4.7 Technological measures and additional terms 0350 0351 a. This License does not allow You to impose (except subject to 0352 Section 4.7 b.) any terms or any technological measures on the 0353 Database, a Derivative Database, or the whole or a Substantial part of 0354 the Contents that alter or restrict the terms of this License, or any 0355 rights granted under it, or have the effect or intent of restricting 0356 the ability of any person to exercise those rights. 0357 0358 b. Parallel distribution. You may impose terms or technological 0359 measures on the Database, a Derivative Database, or the whole or a 0360 Substantial part of the Contents (a "Restricted Database") in 0361 contravention of Section 4.74 a. only if You also make a copy of the 0362 Database or a Derivative Database available to the recipient of the 0363 Restricted Database: 0364 0365 i. That is available without additional fee; 0366 0367 ii. That is available in a medium that does not alter or restrict 0368 the terms of this License, or any rights granted under it, or have 0369 the effect or intent of restricting the ability of any person to 0370 exercise those rights (an "Unrestricted Database"); and 0371 0372 iii. The Unrestricted Database is at least as accessible to the 0373 recipient as a practical matter as the Restricted Database. 0374 0375 c. For the avoidance of doubt, You may place this Database or a 0376 Derivative Database in an authenticated environment, behind a 0377 password, or within a similar access control scheme provided that You 0378 do not alter or restrict the terms of this License or any rights 0379 granted under it or have the effect or intent of restricting the 0380 ability of any person to exercise those rights. 0381 0382 4.8 Licensing of others. You may not sublicense the Database. Each time 0383 You communicate the Database, the whole or Substantial part of the 0384 Contents, or any Derivative Database to anyone else in any way, the 0385 Licensor offers to the recipient a license to the Database on the same 0386 terms and conditions as this License. You are not responsible for 0387 enforcing compliance by third parties with this License, but You may 0388 enforce any rights that You have over a Derivative Database. You are 0389 solely responsible for any modifications of a Derivative Database made 0390 by You or another Person at Your direction. You may not impose any 0391 further restrictions on the exercise of the rights granted or affirmed 0392 under this License. 0393 0394 ### 5.0 Moral rights 0395 0396 5.1 Moral rights. This section covers moral rights, including any rights 0397 to be identified as the author of the Database or to object to treatment 0398 that would otherwise prejudice the author's honour and reputation, or 0399 any other derogatory treatment: 0400 0401 a. For jurisdictions allowing waiver of moral rights, Licensor waives 0402 all moral rights that Licensor may have in the Database to the fullest 0403 extent possible by the law of the relevant jurisdiction under Section 0404 10.4; 0405 0406 b. If waiver of moral rights under Section 5.1 a in the relevant 0407 jurisdiction is not possible, Licensor agrees not to assert any moral 0408 rights over the Database and waives all claims in moral rights to the 0409 fullest extent possible by the law of the relevant jurisdiction under 0410 Section 10.4; and 0411 0412 c. For jurisdictions not allowing waiver or an agreement not to assert 0413 moral rights under Section 5.1 a and b, the author may retain their 0414 moral rights over certain aspects of the Database. 0415 0416 Please note that some jurisdictions do not allow for the waiver of moral 0417 rights, and so moral rights may still subsist over the Database in some 0418 jurisdictions. 0419 0420 ### 6.0 Fair dealing, Database exceptions, and other rights not affected 0421 0422 6.1 This License does not affect any rights that You or anyone else may 0423 independently have under any applicable law to make any use of this 0424 Database, including without limitation: 0425 0426 a. Exceptions to the Database Right including: Extraction of Contents 0427 from non-electronic Databases for private purposes, Extraction for 0428 purposes of illustration for teaching or scientific research, and 0429 Extraction or Re-utilisation for public security or an administrative 0430 or judicial procedure. 0431 0432 b. Fair dealing, fair use, or any other legally recognised limitation 0433 or exception to infringement of copyright or other applicable laws. 0434 0435 6.2 This License does not affect any rights of lawful users to Extract 0436 and Re-utilise insubstantial parts of the Contents, evaluated 0437 quantitatively or qualitatively, for any purposes whatsoever, including 0438 creating a Derivative Database (subject to other rights over the 0439 Contents, see Section 2.4). The repeated and systematic Extraction or 0440 Re-utilisation of insubstantial parts of the Contents may however amount 0441 to the Extraction or Re-utilisation of a Substantial part of the 0442 Contents. 0443 0444 ### 7.0 Warranties and Disclaimer 0445 0446 7.1 The Database is licensed by the Licensor "as is" and without any 0447 warranty of any kind, either express, implied, or arising by statute, 0448 custom, course of dealing, or trade usage. Licensor specifically 0449 disclaims any and all implied warranties or conditions of title, 0450 non-infringement, accuracy or completeness, the presence or absence of 0451 errors, fitness for a particular purpose, merchantability, or otherwise. 0452 Some jurisdictions do not allow the exclusion of implied warranties, so 0453 this exclusion may not apply to You. 0454 0455 ### 8.0 Limitation of liability 0456 0457 8.1 Subject to any liability that may not be excluded or limited by law, 0458 the Licensor is not liable for, and expressly excludes, all liability 0459 for loss or damage however and whenever caused to anyone by any use 0460 under this License, whether by You or by anyone else, and whether caused 0461 by any fault on the part of the Licensor or not. This exclusion of 0462 liability includes, but is not limited to, any special, incidental, 0463 consequential, punitive, or exemplary damages such as loss of revenue, 0464 data, anticipated profits, and lost business. This exclusion applies 0465 even if the Licensor has been advised of the possibility of such 0466 damages. 0467 0468 8.2 If liability may not be excluded by law, it is limited to actual and 0469 direct financial loss to the extent it is caused by proved negligence on 0470 the part of the Licensor. 0471 0472 ### 9.0 Termination of Your rights under this License 0473 0474 9.1 Any breach by You of the terms and conditions of this License 0475 automatically terminates this License with immediate effect and without 0476 notice to You. For the avoidance of doubt, Persons who have received the 0477 Database, the whole or a Substantial part of the Contents, Derivative 0478 Databases, or the Database as part of a Collective Database from You 0479 under this License will not have their licenses terminated provided 0480 their use is in full compliance with this License or a license granted 0481 under Section 4.8 of this License. Sections 1, 2, 7, 8, 9 and 10 will 0482 survive any termination of this License. 0483 0484 9.2 If You are not in breach of the terms of this License, the Licensor 0485 will not terminate Your rights under it. 0486 0487 9.3 Unless terminated under Section 9.1, this License is granted to You 0488 for the duration of applicable rights in the Database. 0489 0490 9.4 Reinstatement of rights. If you cease any breach of the terms and 0491 conditions of this License, then your full rights under this License 0492 will be reinstated: 0493 0494 a. Provisionally and subject to permanent termination until the 60th 0495 day after cessation of breach; 0496 0497 b. Permanently on the 60th day after cessation of breach unless 0498 otherwise reasonably notified by the Licensor; or 0499 0500 c. Permanently if reasonably notified by the Licensor of the 0501 violation, this is the first time You have received notice of 0502 violation of this License from the Licensor, and You cure the 0503 violation prior to 30 days after your receipt of the notice. 0504 0505 Persons subject to permanent termination of rights are not eligible to 0506 be a recipient and receive a license under Section 4.8. 0507 0508 9.5 Notwithstanding the above, Licensor reserves the right to release 0509 the Database under different license terms or to stop distributing or 0510 making available the Database. Releasing the Database under different 0511 license terms or stopping the distribution of the Database will not 0512 withdraw this License (or any other license that has been, or is 0513 required to be, granted under the terms of this License), and this 0514 License will continue in full force and effect unless terminated as 0515 stated above. 0516 0517 ### 10.0 General 0518 0519 10.1 If any provision of this License is held to be invalid or 0520 unenforceable, that must not affect the validity or enforceability of 0521 the remainder of the terms and conditions of this License and each 0522 remaining provision of this License shall be valid and enforced to the 0523 fullest extent permitted by law. 0524 0525 10.2 This License is the entire agreement between the parties with 0526 respect to the rights granted here over the Database. It replaces any 0527 earlier understandings, agreements or representations with respect to 0528 the Database. 0529 0530 10.3 If You are in breach of the terms of this License, You will not be 0531 entitled to rely on the terms of this License or to complain of any 0532 breach by the Licensor. 0533 0534 10.4 Choice of law. This License takes effect in and will be governed by 0535 the laws of the relevant jurisdiction in which the License terms are 0536 sought to be enforced. If the standard suite of rights granted under 0537 applicable copyright law and Database Rights in the relevant 0538 jurisdiction includes additional rights not granted under this License, 0539 these additional rights are granted in this License in order to meet the 0540 terms of this License.