1The MIT License (MIT)
2Copyright (c) 2016 Evan Siroky
3
4Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
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6The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
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8THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
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12Open Database License (ODbL) v1.0
13Disclaimer
14Open Data Commons is not a law firm and does not provide legal services of any kind.
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16Open Data Commons has no formal relationship with you. Your receipt of this document does not create any kind of agent-client relationship. Please seek the advice of a suitably qualified legal professional licensed to practice in your jurisdiction before using this document.
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20Plain language summary
21A plain language summary of the Open Database License is available.
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26ODC Open Database License (ODbL)
27Preamble
28The Open Database License (ODbL) is a license agreement intended to
29allow users to freely share, modify, and use this Database while
30maintaining this same freedom for others. Many databases are covered by
31copyright, and therefore this document licenses these rights. Some
32jurisdictions, mainly in the European Union, have specific rights that
33cover databases, and so the ODbL addresses these rights, too. Finally,
34the ODbL is also an agreement in contract for users of this Database to
35act in certain ways in return for accessing this Database.
36
37Databases can contain a wide variety of types of content (images,
38audiovisual material, and sounds all in the same database, for example),
39and so the ODbL only governs the rights over the Database, and not the
40contents of the Database individually. Licensors should use the ODbL
41together with another license for the contents, if the contents have a
42single set of rights that uniformly covers all of the contents. If the
43contents have multiple sets of different rights, Licensors should
44describe what rights govern what contents together in the individual
45record or in some other way that clarifies what rights apply.
46
47Sometimes the contents of a database, or the database itself, can be
48covered by other rights not addressed here (such as private contracts,
49trade mark over the name, or privacy rights / data protection rights
50over information in the contents), and so you are advised that you may
51have to consult other documents or clear other rights before doing
52activities not covered by this License.
53
54The Licensor (as defined below)
55
56and
57
58You (as defined below)
59
60agree as follows:
61
621.0 Definitions of Capitalised Words
63“Collective Database” – Means this Database in unmodified form as part
64of a collection of independent databases in themselves that together are
65assembled into a collective whole. A work that constitutes a Collective
66Database will not be considered a Derivative Database.
67
68“Convey” – As a verb, means Using the Database, a Derivative Database,
69or the Database as part of a Collective Database in any way that enables
70a Person to make or receive copies of the Database or a Derivative
71Database. Conveying does not include interaction with a user through a
72computer network, or creating and Using a Produced Work, where no
73transfer of a copy of the Database or a Derivative Database occurs.
74“Contents” – The contents of this Database, which includes the
75information, independent works, or other material collected into the
76Database. For example, the contents of the Database could be factual
77data or works such as images, audiovisual material, text, or sounds.
78
79“Database” – A collection of material (the Contents) arranged in a
80systematic or methodical way and individually accessible by electronic
81or other means offered under the terms of this License.
82
83“Database Directive” – Means Directive 96/9/EC of the European
84Parliament and of the Council of 11 March 1996 on the legal protection
85of databases, as amended or succeeded.
86
87“Database Right” – Means rights resulting from the Chapter III (“sui
88generis”) rights in the Database Directive (as amended and as transposed
89by member states), which includes the Extraction and Re-utilisation of
90the whole or a Substantial part of the Contents, as well as any similar
91rights available in the relevant jurisdiction under Section 10.4.
92
93“Derivative Database” – Means a database based upon the Database, and
94includes any translation, adaptation, arrangement, modification, or any
95other alteration of the Database or of a Substantial part of the
96Contents. This includes, but is not limited to, Extracting or
97Re-utilising the whole or a Substantial part of the Contents in a new
98Database.
99
100“Extraction” – Means the permanent or temporary transfer of all or a
101Substantial part of the Contents to another medium by any means or in
102any form.
103
104“License” – Means this license agreement and is both a license of rights
105such as copyright and Database Rights and an agreement in contract.
106
107“Licensor” – Means the Person that offers the Database under the terms
108of this License.
109
110“Person” – Means a natural or legal person or a body of persons
111corporate or incorporate.
112
113“Produced Work” – a work (such as an image, audiovisual material, text,
114or sounds) resulting from using the whole or a Substantial part of the
115Contents (via a search or other query) from this Database, a Derivative
116Database, or this Database as part of a Collective Database.
117
118“Publicly” – means to Persons other than You or under Your control by
119either more than 50% ownership or by the power to direct their
120activities (such as contracting with an independent consultant).
121
122“Re-utilisation” – means any form of making available to the public all
123or a Substantial part of the Contents by the distribution of copies, by
124renting, by online or other forms of transmission.
125
126“Substantial” – Means substantial in terms of quantity or quality or a
127combination of both. The repeated and systematic Extraction or
128Re-utilisation of insubstantial parts of the Contents may amount to the
129Extraction or Re-utilisation of a Substantial part of the Contents.
130
131“Use” – As a verb, means doing any act that is restricted by copyright
132or Database Rights whether in the original medium or any other; and
133includes without limitation distributing, copying, publicly performing,
134publicly displaying, and preparing derivative works of the Database, as
135well as modifying the Database as may be technically necessary to use it
136in a different mode or format.
137
138“You” – Means a Person exercising rights under this License who has not
139previously violated the terms of this License with respect to the
140Database, or who has received express permission from the Licensor to
141exercise rights under this License despite a previous violation.
142
143Words in the singular include the plural and vice versa.
144
1452.0 What this License covers
1462.1. Legal effect of this document. This License is:
147
148      a. A license of applicable copyright and neighbouring rights;
149
150      b. A license of the Database Right; and
151
152      c. An agreement in contract between You and the Licensor.
153
1542.2 Legal rights covered. This License covers the legal rights in the
155Database, including:
156
157      a. Copyright. Any copyright or neighbouring rights in the Database.
158The copyright licensed includes any individual elements of the
159Database, but does not cover the copyright over the Contents
160independent of this Database. See Section 2.4 for details. Copyright
161law varies between jurisdictions, but is likely to cover: the Database
162model or schema, which is the structure, arrangement, and organisation
163of the Database, and can also include the Database tables and table
164indexes; the data entry and output sheets; and the Field names of
165Contents stored in the Database;
166
167      b. Database Rights. Database Rights only extend to the Extraction and
168Re-utilisation of the whole or a Substantial part of the Contents.
169Database Rights can apply even when there is no copyright over the
170      Database. Database Rights can also apply when the Contents are removed
171from the Database and are selected and arranged in a way that would
172not infringe any applicable copyright; and
173
174      c. Contract. This is an agreement between You and the Licensor for
175access to the Database. In return you agree to certain conditions of
176use on this access as outlined in this License.
177
1782.3 Rights not covered.
179
180      a. This License does not apply to computer programs used in the making
181or operation of the Database;
182
183      b. This License does not cover any patents over the Contents or the
184Database; and
185
186      c. This License does not cover any trademarks associated with the
187      Database.
188
1892.4 Relationship to Contents in the Database. The individual items of
190the Contents contained in this Database may be covered by other rights,
191including copyright, patent, data protection, privacy, or personality
192rights, and this License does not cover any rights (other than Database
193Rights or in contract) in individual Contents contained in the Database.
194For example, if used on a Database of images (the Contents), this
195License would not apply to copyright over individual images, which could
196have their own separate licenses, or one single license covering all of
197the rights over the images.
198
1993.0 Rights granted
2003.1 Subject to the terms and conditions of this License, the Licensor
201grants to You a worldwide, royalty-free, non-exclusive, terminable (but
202only under Section 9) license to Use the Database for the duration of
203any applicable copyright and Database Rights. These rights explicitly
204include commercial use, and do not exclude any field of endeavour. To
205the extent possible in the relevant jurisdiction, these rights may be
206exercised in all media and formats whether now known or created in the
207future.
208
209The rights granted cover, for example:
210
211      a. Extraction and Re-utilisation of the whole or a Substantial part of
212the Contents;
213
214      b. Creation of Derivative Databases;
215
216      c. Creation of Collective Databases;
217
218      d. Creation of temporary or permanent reproductions by any means and
219in any form, in whole or in part, including of any Derivative
220Databases or as a part of Collective Databases; and
221
222      e. Distribution, communication, display, lending, making available, or
223performance to the public by any means and in any form, in whole or in
224part, including of any Derivative Database or as a part of Collective
225      Databases.
226
2273.2 Compulsory license schemes. For the avoidance of doubt:
228
229      a. Non-waivable compulsory license schemes. In those jurisdictions in
230which the right to collect royalties through any statutory or
231compulsory licensing scheme cannot be waived, the Licensor reserves
232the exclusive right to collect such royalties for any exercise by You
233of the rights granted under this License;
234
235      b. Waivable compulsory license schemes. In those jurisdictions in
236which the right to collect royalties through any statutory or
237compulsory licensing scheme can be waived, the Licensor waives the
238exclusive right to collect such royalties for any exercise by You of
239the rights granted under this License; and,
240
241      c. Voluntary license schemes. The Licensor waives the right to collect
242royalties, whether individually or, in the event that the Licensor is
243a member of a collecting society that administers voluntary licensing
244schemes, via that society, from any exercise by You of the rights
245granted under this License.
246
2473.3 The right to release the Database under different terms, or to stop
248distributing or making available the Database, is reserved. Note that
249this Database may be multiple-licensed, and so You may have the choice
250of using alternative licenses for this Database. Subject to Section
25110.4, all other rights not expressly granted by Licensor are reserved.
252
2534.0 Conditions of Use
2544.1 The rights granted in Section 3 above are expressly made subject to
255Your complying with the following conditions of use. These are important
256conditions of this License, and if You fail to follow them, You will be
257in material breach of its terms.
258
2594.2 Notices. If You Publicly Convey this Database, any Derivative
260Database, or the Database as part of a Collective Database, then You
261must:
262
263      a. Do so only under the terms of this License or another license
264permitted under Section 4.4;
265
266      b. Include a copy of this License (or, as applicable, a license
267permitted under Section 4.4) or its Uniform Resource Identifier (URI)
268with the Database or Derivative Database, including both in the
269Database or Derivative Database and in any relevant documentation; and
270
271      c. Keep intact any copyright or Database Right notices and notices
272that refer to this License.
273
274      d. If it is not possible to put the required notices in a particular
275file due to its structure, then You must include the notices in a
276location (such as a relevant directory) where users would be likely to
277look for it.
278
2794.3 Notice for using output (Contents). Creating and Using a Produced
280Work does not require the notice in Section 4.2. However, if you
281Publicly Use a Produced Work, You must include a notice associated with
282the Produced Work reasonably calculated to make any Person that uses,
283views, accesses, interacts with, or is otherwise exposed to the Produced
284Work aware that Content was obtained from the Database, Derivative
285Database, or the Database as part of a Collective Database, and that it
286is available under this License.
287
288      a. Example notice. The following text will satisfy notice under
289Section 4.3:
290
291    Contains information from DATABASE NAME, which is made available
292    here under the Open Database License (ODbL).
293DATABASE NAME should be replaced with the name of the Database and a
294hyperlink to the URI of the Database. “Open Database License” should
295contain a hyperlink to the URI of the text of this License. If
296hyperlinks are not possible, You should include the plain text of the
297required URI’s with the above notice.
298
2994.4 Share alike.
300
301      a. Any Derivative Database that You Publicly Use must be only under
302the terms of:
303
304           i. This License;
305
306           ii. A later version of this License similar in spirit to this
307License; or
308
309           iii. A compatible license.
310
311If You license the Derivative Database under one of the licenses
312mentioned in (iii), You must comply with the terms of that license.
313
314      b. For the avoidance of doubt, Extraction or Re-utilisation of the
315whole or a Substantial part of the Contents into a new database is a
316Derivative Database and must comply with Section 4.4.
317
318      c. Derivative Databases and Produced Works. A Derivative Database is
319Publicly Used and so must comply with Section 4.4. if a Produced Work
320created from the Derivative Database is Publicly Used.
321
322      d. Share Alike and additional Contents. For the avoidance of doubt,
323You must not add Contents to Derivative Databases under Section 4.4 a
324that are incompatible with the rights granted under this License.
325
326      e. Compatible licenses. Licensors may authorise a proxy to determine
327compatible licenses under Section 4.4 a iii. If they do so, the
328authorised proxy’s public statement of acceptance of a compatible
329license grants You permission to use the compatible license.
330
3314.5 Limits of Share Alike. The requirements of Section 4.4 do not apply
332in the following:
333
334      a. For the avoidance of doubt, You are not required to license
335Collective Databases under this License if You incorporate this
336Database or a Derivative Database in the collection, but this License
337still applies to this Database or a Derivative Database as a part of
338the Collective Database;
339
340      b. Using this Database, a Derivative Database, or this Database as
341part of a Collective Database to create a Produced Work does not
342create a Derivative Database for purposes of Section 4.4; and
343
344      c. Use of a Derivative Database internally within an organisation is
345not to the public and therefore does not fall under the requirements
346of Section 4.4.
347
3484.6 Access to Derivative Databases. If You Publicly Use a Derivative
349Database or a Produced Work from a Derivative Database, You must also
350offer to recipients of the Derivative Database or Produced Work a copy
351in a machine readable form of:
352
353      a. The entire Derivative Database; or
354
355      b. A file containing all of the alterations made to the Database or
356the method of making the alterations to the Database (such as an
357algorithm), including any additional Contents, that make up all the
358differences between the Database and the Derivative Database.
359
360The Derivative Database (under a.) or alteration file (under b.) must be
361available at no more than a reasonable production cost for physical
362distributions and free of charge if distributed over the internet.
363
3644.7 Technological measures and additional terms
365
366      a. This License does not allow You to impose (except subject to
367Section 4.7 b.) any terms or any technological measures on the
368Database, a Derivative Database, or the whole or a Substantial part of
369the Contents that alter or restrict the terms of this License, or any
370rights granted under it, or have the effect or intent of restricting
371the ability of any person to exercise those rights.
372
373      b. Parallel distribution. You may impose terms or technological
374measures on the Database, a Derivative Database, or the whole or a
375Substantial part of the Contents (a “Restricted Database”) in
376contravention of Section 4.74 a. only if You also make a copy of the
377Database or a Derivative Database available to the recipient of the
378Restricted Database:
379
380           i. That is available without additional fee;
381
382           ii. That is available in a medium that does not alter or restrict
383the terms of this License, or any rights granted under it, or have
384the effect or intent of restricting the ability of any person to
385exercise those rights (an “Unrestricted Database”); and
386
387           iii. The Unrestricted Database is at least as accessible to the
388recipient as a practical matter as the Restricted Database.
389
390      c. For the avoidance of doubt, You may place this Database or a
391Derivative Database in an authenticated environment, behind a
392password, or within a similar access control scheme provided that You
393do not alter or restrict the terms of this License or any rights
394granted under it or have the effect or intent of restricting the
395ability of any person to exercise those rights.
396
3974.8 Licensing of others. You may not sublicense the Database. Each time
398You communicate the Database, the whole or Substantial part of the
399Contents, or any Derivative Database to anyone else in any way, the
400Licensor offers to the recipient a license to the Database on the same
401terms and conditions as this License. You are not responsible for
402enforcing compliance by third parties with this License, but You may
403enforce any rights that You have over a Derivative Database. You are
404solely responsible for any modifications of a Derivative Database made
405by You or another Person at Your direction. You may not impose any
406further restrictions on the exercise of the rights granted or affirmed
407under this License.
408
4095.0 Moral rights
4105.1 Moral rights. This section covers moral rights, including any rights
411to be identified as the author of the Database or to object to treatment
412that would otherwise prejudice the author’s honour and reputation, or
413any other derogatory treatment:
414
415      a. For jurisdictions allowing waiver of moral rights, Licensor waives
416all moral rights that Licensor may have in the Database to the fullest
417extent possible by the law of the relevant jurisdiction under Section
418      10.4;
419
420      b. If waiver of moral rights under Section 5.1 a in the relevant
421jurisdiction is not possible, Licensor agrees not to assert any moral
422rights over the Database and waives all claims in moral rights to the
423fullest extent possible by the law of the relevant jurisdiction under
424Section 10.4; and
425
426      c. For jurisdictions not allowing waiver or an agreement not to assert
427moral rights under Section 5.1 a and b, the author may retain their
428moral rights over certain aspects of the Database.
429
430Please note that some jurisdictions do not allow for the waiver of moral
431rights, and so moral rights may still subsist over the Database in some
432jurisdictions.
433
4346.0 Fair dealing, Database exceptions, and other rights not affected
4356.1 This License does not affect any rights that You or anyone else may
436independently have under any applicable law to make any use of this
437Database, including without limitation:
438
439      a. Exceptions to the Database Right including: Extraction of Contents
440from non-electronic Databases for private purposes, Extraction for
441purposes of illustration for teaching or scientific research, and
442Extraction or Re-utilisation for public security or an administrative
443or judicial procedure.
444
445      b. Fair dealing, fair use, or any other legally recognised limitation
446or exception to infringement of copyright or other applicable laws.
447
4486.2 This License does not affect any rights of lawful users to Extract
449and Re-utilise insubstantial parts of the Contents, evaluated
450quantitatively or qualitatively, for any purposes whatsoever, including
451creating a Derivative Database (subject to other rights over the
452Contents, see Section 2.4). The repeated and systematic Extraction or
453Re-utilisation of insubstantial parts of the Contents may however amount
454to the Extraction or Re-utilisation of a Substantial part of the
455Contents.
456
4577.0 Warranties and Disclaimer
4587.1 The Database is licensed by the Licensor “as is” and without any
459warranty of any kind, either express, implied, or arising by statute,
460custom, course of dealing, or trade usage. Licensor specifically
461disclaims any and all implied warranties or conditions of title,
462non-infringement, accuracy or completeness, the presence or absence of
463errors, fitness for a particular purpose, merchantability, or otherwise.
464Some jurisdictions do not allow the exclusion of implied warranties, so
465this exclusion may not apply to You.
466
4678.0 Limitation of liability
4688.1 Subject to any liability that may not be excluded or limited by law,
469the Licensor is not liable for, and expressly excludes, all liability
470for loss or damage however and whenever caused to anyone by any use
471under this License, whether by You or by anyone else, and whether caused
472by any fault on the part of the Licensor or not. This exclusion of
473liability includes, but is not limited to, any special, incidental,
474consequential, punitive, or exemplary damages such as loss of revenue,
475data, anticipated profits, and lost business. This exclusion applies
476even if the Licensor has been advised of the possibility of such
477damages.
478
4798.2 If liability may not be excluded by law, it is limited to actual and
480direct financial loss to the extent it is caused by proved negligence on
481the part of the Licensor.
482
4839.0 Termination of Your rights under this License
4849.1 Any breach by You of the terms and conditions of this License
485automatically terminates this License with immediate effect and without
486notice to You. For the avoidance of doubt, Persons who have received the
487Database, the whole or a Substantial part of the Contents, Derivative
488Databases, or the Database as part of a Collective Database from You
489under this License will not have their licenses terminated provided
490their use is in full compliance with this License or a license granted
491under Section 4.8 of this License. Sections 1, 2, 7, 8, 9 and 10 will
492survive any termination of this License.
493
4949.2 If You are not in breach of the terms of this License, the Licensor
495will not terminate Your rights under it.
496
4979.3 Unless terminated under Section 9.1, this License is granted to You
498for the duration of applicable rights in the Database.
499
5009.4 Reinstatement of rights. If you cease any breach of the terms and
501conditions of this License, then your full rights under this License
502will be reinstated:
503
504      a. Provisionally and subject to permanent termination until the 60th
505day after cessation of breach;
506
507      b. Permanently on the 60th day after cessation of breach unless
508otherwise reasonably notified by the Licensor; or
509
510      c. Permanently if reasonably notified by the Licensor of the
511violation, this is the first time You have received notice of
512violation of this License from the Licensor, and You cure the
513violation prior to 30 days after your receipt of the notice.
514
515Persons subject to permanent termination of rights are not eligible to
516be a recipient and receive a license under Section 4.8.
517
5189.5 Notwithstanding the above, Licensor reserves the right to release
519the Database under different license terms or to stop distributing or
520making available the Database. Releasing the Database under different
521license terms or stopping the distribution of the Database will not
522withdraw this License (or any other license that has been, or is
523required to be, granted under the terms of this License), and this
524License will continue in full force and effect unless terminated as
525stated above.
526
52710.0 General
52810.1 If any provision of this License is held to be invalid or
529unenforceable, that must not affect the validity or enforceability of
530the remainder of the terms and conditions of this License and each
531remaining provision of this License shall be valid and enforced to the
532fullest extent permitted by law.
533
53410.2 This License is the entire agreement between the parties with
535respect to the rights granted here over the Database. It replaces any
536earlier understandings, agreements or representations with respect to
537the Database.
538
53910.3 If You are in breach of the terms of this License, You will not be
540entitled to rely on the terms of this License or to complain of any
541breach by the Licensor.
542
54310.4 Choice of law. This License takes effect in and will be governed by
544the laws of the relevant jurisdiction in which the License terms are
545sought to be enforced. If the standard suite of rights granted under
546applicable copyright law and Database Rights in the relevant
547jurisdiction includes additional rights not granted under this License,
548these additional rights are granted in this License in order to meet the
549terms of this License.
550