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authorhellekin <hellekin@cepheide.org>2020-10-29 20:17:21 +0100
committerhellekin <hellekin@cepheide.org>2020-10-29 21:04:04 +0100
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tree1e709bc4b296be37d2ee8b471ed9121ea6713693 /LICENSES/ODC-By-1.0.txt
parent167dfa681770e8f3a7d102fc423e0e5a9db46651 (diff)
downloadincommon-map-fa3b7a087368388593eb4e556ec660d75ba0f60f.tar.gz
REUSE: Add licenses
CC-0 -> public domain for insignificant files CC-BY-SA-4.0 -> for documentation LAL-1.3 -> for creative content MIT -> for existing Ruby on Rails files ODbL-1.0 -> for database schema ODC-By-1.0 -> for database content
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+##
+
+ODC Attribution License (ODC-By) ###
+
+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.