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0001 ## Open Data Commons Open Database License (ODbL)
0003 ### Preamble
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.
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.
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.
0031 ------
0033 The Licensor (as defined below)
0035 and
0037 You (as defined below)
0039 agree as follows:
0041 ### 1.0 Definitions of Capitalised Words
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.
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.
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.
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.
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.
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.
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.
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.
0087 "Licensor" – Means the Person that offers the Database under the terms
0088 of this License.
0090 "Person" – Means a natural or legal person or a body of persons
0091 corporate or incorporate.
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.
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).
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.
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.
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.
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.
0123 Words in the singular include the plural and vice versa.
0125 ### 2.0 What this License covers
0127 2.1. Legal effect of this document. This License is:
0129   a. A license of applicable copyright and neighbouring rights;
0131   b. A license of the Database Right; and
0133   c. An agreement in contract between You and the Licensor.
0135 2.2 Legal rights covered. This License covers the legal rights in the
0136 Database, including:
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;
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
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.
0159 2.3 Rights not covered.
0161   a. This License does not apply to computer programs used in the making
0162   or operation of the Database;
0164   b. This License does not cover any patents over the Contents or the
0165   Database; and
0167   c. This License does not cover any trademarks associated with the
0168   Database.
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.
0180 ### 3.0 Rights granted
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.
0191 The rights granted cover, for example:
0193   a. Extraction and Re-utilisation of the whole or a Substantial part of
0194   the Contents;
0196   b. Creation of Derivative Databases;
0198   c. Creation of Collective Databases;
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
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.
0209 3.2 Compulsory license schemes. For the avoidance of doubt:
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;
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,
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.
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.
0235 ### 4.0 Conditions of Use
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.
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:
0246   a. Do so only under the terms of this License or another license
0247   permitted under Section 4.4;
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
0254   c. Keep intact any copyright or Database Right notices and notices
0255   that refer to this License.
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.
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.
0271   a. Example notice. The following text will satisfy notice under
0272   Section 4.3:
0274         Contains information from DATABASE NAME, which is made available
0275         here under the Open Database License (ODbL).
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.
0283 4.4 Share alike.
0285   a. Any Derivative Database that You Publicly Use must be only under
0286   the terms of:
0288     i. This License;
0290     ii. A later version of this License similar in spirit to this
0291       License; or
0293     iii. A compatible license.
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.
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.
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.
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.
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.
0316 4.5 Limits of Share Alike.  The requirements of Section 4.4 do not apply
0317 in the following:
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;
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
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.
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:
0338   a. The entire Derivative Database; or
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.
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.
0349 4.7 Technological measures and additional terms
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.
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:
0365     i. That is available without additional fee;
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
0372     iii. The Unrestricted Database is at least as accessible to the
0373     recipient as a practical matter as the Restricted Database.
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.
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.
0394 ### 5.0 Moral rights
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:
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;
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
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.
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.
0420 ### 6.0 Fair dealing, Database exceptions, and other rights not affected
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:
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.
0432   b. Fair dealing, fair use, or any other legally recognised limitation
0433   or exception to infringement of copyright or other applicable laws.
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.
0444 ### 7.0 Warranties and Disclaimer
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.
0455 ### 8.0 Limitation of liability
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.
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.
0472 ### 9.0 Termination of Your rights under this License
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.
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.
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.
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:
0494   a. Provisionally and subject to permanent termination until the 60th
0495   day after cessation of breach;
0497   b. Permanently on the 60th day after cessation of breach unless
0498   otherwise reasonably notified by the Licensor; or
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.
0505 Persons subject to permanent termination of rights are not eligible to
0506 be a recipient and receive a license under Section 4.8.
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.
0517 ### 10.0 General
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.
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.
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.
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.