mirror of
https://github.com/cookiecutter/cookiecutter-django.git
synced 2024-12-05 16:04:10 +03:00
574 lines
26 KiB
Plaintext
574 lines
26 KiB
Plaintext
|
---
|
|||
|
title: Open Data Commons Open Database License v1.0
|
|||
|
spdx-id: ODbL-1.0
|
|||
|
nickname: ODbL
|
|||
|
|
|||
|
description: The Open Database License (ODbL) is a license agreement intended to allow users to freely share, modify, and use a database while maintaining this same freedom for others.
|
|||
|
|
|||
|
how: Create a text file (typically named LICENSE or LICENSE.txt) in the root of your source code and copy the text of the license into the file.
|
|||
|
|
|||
|
using:
|
|||
|
World Countries: https://github.com/mledoze/countries/blob/master/LICENSE
|
|||
|
OpenFlights: https://github.com/jpatokal/openflights/blob/master/data/LICENSE
|
|||
|
Public Zone Database: https://github.com/zonedb/zonedb/blob/main/LICENSE.md
|
|||
|
|
|||
|
permissions:
|
|||
|
- commercial-use
|
|||
|
- distribution
|
|||
|
- modifications
|
|||
|
- private-use
|
|||
|
|
|||
|
conditions:
|
|||
|
- disclose-source
|
|||
|
- include-copyright
|
|||
|
- same-license
|
|||
|
|
|||
|
limitations:
|
|||
|
- liability
|
|||
|
- patent-use
|
|||
|
- trademark-use
|
|||
|
- warranty
|
|||
|
|
|||
|
---
|
|||
|
|
|||
|
## ODC Open Database License (ODbL)
|
|||
|
|
|||
|
### Preamble
|
|||
|
|
|||
|
The Open Database License (ODbL) is a license agreement intended to
|
|||
|
allow users to freely share, modify, and use this Database while
|
|||
|
maintaining this same freedom for others. Many databases are covered by
|
|||
|
copyright, and therefore this document licenses these rights. Some
|
|||
|
jurisdictions, mainly in the European Union, have specific rights that
|
|||
|
cover databases, and so the ODbL addresses these rights, too. Finally,
|
|||
|
the ODbL is also an agreement in contract for users of this Database to
|
|||
|
act in certain ways in return for accessing this Database.
|
|||
|
|
|||
|
Databases can contain a wide variety of types of content (images,
|
|||
|
audiovisual material, and sounds all in the same database, for example),
|
|||
|
and so the ODbL only governs the rights over the Database, and not the
|
|||
|
contents of the Database individually. Licensors should use the ODbL
|
|||
|
together with another license for the contents, if the contents have a
|
|||
|
single set of rights that uniformly covers all of the contents. If the
|
|||
|
contents have multiple sets of different rights, Licensors should
|
|||
|
describe what rights govern what contents together in the individual
|
|||
|
record or in some other way that clarifies what rights apply.
|
|||
|
|
|||
|
Sometimes the contents of a database, or the database itself, can be
|
|||
|
covered by other rights not addressed here (such as private contracts,
|
|||
|
trade mark 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 or another license
|
|||
|
permitted under Section 4.4;
|
|||
|
|
|||
|
b. Include a copy of this License (or, as applicable, a license
|
|||
|
permitted under Section 4.4) 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; and
|
|||
|
|
|||
|
c. Keep intact any copyright or Database Right notices and notices
|
|||
|
that refer to this License.
|
|||
|
|
|||
|
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
|
|||
|
here under the Open Database License (ODbL).
|
|||
|
|
|||
|
DATABASE NAME should be replaced with the name of the Database and a
|
|||
|
hyperlink to the URI of the Database. "Open Database 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 Share alike.
|
|||
|
|
|||
|
a. Any Derivative Database that You Publicly Use must be only under
|
|||
|
the terms of:
|
|||
|
|
|||
|
i. This License;
|
|||
|
|
|||
|
ii. A later version of this License similar in spirit to this
|
|||
|
License; or
|
|||
|
|
|||
|
iii. A compatible license.
|
|||
|
|
|||
|
If You license the Derivative Database under one of the licenses
|
|||
|
mentioned in (iii), You must comply with the terms of that license.
|
|||
|
|
|||
|
b. For the avoidance of doubt, Extraction or Re-utilisation of the
|
|||
|
whole or a Substantial part of the Contents into a new database is a
|
|||
|
Derivative Database and must comply with Section 4.4.
|
|||
|
|
|||
|
c. Derivative Databases and Produced Works. A Derivative Database is
|
|||
|
Publicly Used and so must comply with Section 4.4. if a Produced Work
|
|||
|
created from the Derivative Database is Publicly Used.
|
|||
|
|
|||
|
d. Share Alike and additional Contents. For the avoidance of doubt,
|
|||
|
You must not add Contents to Derivative Databases under Section 4.4 a
|
|||
|
that are incompatible with the rights granted under this License.
|
|||
|
|
|||
|
e. Compatible licenses. Licensors may authorise a proxy to determine
|
|||
|
compatible licenses under Section 4.4 a iii. If they do so, the
|
|||
|
authorised proxy's public statement of acceptance of a compatible
|
|||
|
license grants You permission to use the compatible license.
|
|||
|
|
|||
|
|
|||
|
4.5 Limits of Share Alike. The requirements of Section 4.4 do not apply
|
|||
|
in the following:
|
|||
|
|
|||
|
a. For the avoidance of doubt, You are not required to license
|
|||
|
Collective Databases under this License if You incorporate this
|
|||
|
Database or a Derivative Database in the collection, but this License
|
|||
|
still applies to this Database or a Derivative Database as a part of
|
|||
|
the Collective Database;
|
|||
|
|
|||
|
b. Using this Database, a Derivative Database, or this Database as
|
|||
|
part of a Collective Database to create a Produced Work does not
|
|||
|
create a Derivative Database for purposes of Section 4.4; and
|
|||
|
|
|||
|
c. Use of a Derivative Database internally within an organisation is
|
|||
|
not to the public and therefore does not fall under the requirements
|
|||
|
of Section 4.4.
|
|||
|
|
|||
|
4.6 Access to Derivative Databases. If You Publicly Use a Derivative
|
|||
|
Database or a Produced Work from a Derivative Database, You must also
|
|||
|
offer to recipients of the Derivative Database or Produced Work a copy
|
|||
|
in a machine readable form of:
|
|||
|
|
|||
|
a. The entire Derivative Database; or
|
|||
|
|
|||
|
b. A file containing all of the alterations made to the Database or
|
|||
|
the method of making the alterations to the Database (such as an
|
|||
|
algorithm), including any additional Contents, that make up all the
|
|||
|
differences between the Database and the Derivative Database.
|
|||
|
|
|||
|
The Derivative Database (under a.) or alteration file (under b.) must be
|
|||
|
available at no more than a reasonable production cost for physical
|
|||
|
distributions and free of charge if distributed over the internet.
|
|||
|
|
|||
|
4.7 Technological measures and additional terms
|
|||
|
|
|||
|
a. This License does not allow You to impose (except subject to
|
|||
|
Section 4.7 b.) any terms or any technological measures on the
|
|||
|
Database, a Derivative Database, or the whole or a Substantial part of
|
|||
|
the Contents that alter or restrict the terms of this License, or any
|
|||
|
rights granted under it, or have the effect or intent of restricting
|
|||
|
the ability of any person to exercise those rights.
|
|||
|
|
|||
|
b. Parallel distribution. You may impose terms or technological
|
|||
|
measures on the Database, a Derivative Database, or the whole or a
|
|||
|
Substantial part of the Contents (a "Restricted Database") in
|
|||
|
contravention of Section 4.74 a. only if You also make a copy of the
|
|||
|
Database or a Derivative Database available to the recipient of the
|
|||
|
Restricted Database:
|
|||
|
|
|||
|
i. That is available without additional fee;
|
|||
|
|
|||
|
ii. That is available in a medium that does not alter or restrict
|
|||
|
the terms of this License, or any rights granted under it, or have
|
|||
|
the effect or intent of restricting the ability of any person to
|
|||
|
exercise those rights (an "Unrestricted Database"); and
|
|||
|
|
|||
|
iii. The Unrestricted Database is at least as accessible to the
|
|||
|
recipient as a practical matter as the Restricted Database.
|
|||
|
|
|||
|
c. For the avoidance of doubt, You may place this Database or a
|
|||
|
Derivative Database in an authenticated environment, behind a
|
|||
|
password, or within a similar access control scheme provided that You
|
|||
|
do not alter or restrict the terms of this License or any rights
|
|||
|
granted under it or have the effect or intent of restricting the
|
|||
|
ability of any person to exercise those rights.
|
|||
|
|
|||
|
4.8 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.
|
|||
|
|
|||
|
Persons subject to permanent termination of rights are not eligible to
|
|||
|
be a recipient and receive a license under Section 4.8.
|
|||
|
|
|||
|
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.
|