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