| ### Preamble | |
| The Open Data Commons Attribution License is a license agreement | |
| intended to allow users to freely share, modify, and use this Database | |
| subject only to the attribution requirements set out in Section 4. | |
| Databases can contain a wide variety of types of content (images, | |
| audiovisual material, and sounds all in the same database, for example), | |
| and so this license only governs the rights over the Database, and not | |
| the contents of the Database individually. Licensors may therefore wish | |
| to use this license together with another license for the contents. | |
| Sometimes the contents of a database, or the database itself, can be | |
| covered by other rights not addressed here (such as private contracts, | |
| trademark 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; | |
| b. Include a copy of this License 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; | |
| c. Keep intact any copyright or Database Right notices and notices | |
| that refer to this License; and | |
| 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 | |
| under the ODC Attribution License. | |
| DATABASE NAME should be replaced with the name of the Database and a | |
| hyperlink to the location of the Database. "ODC Attribution 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 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. | |
| 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. |