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LICENSE.txt
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Community Data License Agreement – Sharing – Version 1.0
This is the Community Data License Agreement – Sharing, Version 1.0
(“Agreement”). Data is provided to You under this Agreement by each
of the Data Providers. Your exercise of any of the rights and
permissions granted below constitutes Your acceptance and agreement to
be bound by the terms and conditions of this Agreement.
The benefits that each Data Provider receives from making Data
available and that You receive from Data or otherwise under these
terms and conditions shall be deemed sufficient consideration for the
formation of this Agreement. Accordingly, Data Provider(s) and You
(the “Parties”) agree as follows:
Section 1. Definitions
1.1 “Add” means to supplement Data with Your own or someone else’s
Data, resulting in Your “Additions.” Additions do not include
Results.
1.2 “Computational Use” means Your analysis (through the use of
computational devices or otherwise) or other interpretation of Data.
By way of example and not limitation, “Computational Use” includes the
application of any computational analytical technique, the purpose of
which is the analysis of any Data in digital form to generate
information about Data such as patterns, trends, correlations,
inferences, insights and attributes.
1.3 “Data” means the information (including copyrightable information,
such as images or text), collectively or individually, whether created
or gathered by a Data Provider or an Entity acting on its behalf, to
which rights are granted under this Agreement.
1.4 “Data Provider” means any Entity (including any employee or
contractor of such Entity authorized to Publish Data on behalf of such
Entity) that Publishes Data under this Agreement prior to Your
Receiving it.
1.5 “Enhanced Data” means the subset of Data that You Publish and that
is composed of (a) Your Additions and/or (b) Modifications to Data You
have received under this Agreement.
1.6 “Entity” means any natural person or organization that exists
under the laws of the jurisdiction in which it is organized, together
with all other entities that control, are controlled by, or are under
common control with that entity. For the purposes of this definition,
“control” means (a) the power, directly or indirectly, to cause the
direction or management of such entity, whether by contract or
otherwise, (b) the ownership of more than fifty percent (50%) of the
outstanding shares or securities, (c) the beneficial ownership of such
entity or, (d) the ability to appoint, whether by agreement or right,
the majority of directors of an Entity.
1.7 “Ledger” means a digital record of Data or grants of rights in
Data governed by this Agreement, using any technology having
functionality to record and store Data or grants, contributions, or
licenses to Data governed by this Agreement.
1.8 “Modify” means to delete, erase, correct or re-arrange Data,
resulting in “Modifications.” Modifications do not include Results.
1.9 “Publish” means to make all or a subset of Data (including Your
Enhanced Data) available in any manner which enables its Use,
including by providing a copy on physical media or remote access. For
any form of Entity, that is to make the Data available to any
individual who is not employed by that Entity or engaged as a
contractor or agent to perform work on that Entity’s behalf. A
“Publication” occurs each time You Publish Data.
1.10 “Receive” or “Receives” means to have been given access to Data,
locally or remotely.
1.11 “Results” means the outcomes or outputs that You obtain from Your
Computational Use of Data. Results shall not include more than a de
minimis portion of the Data on which the Computational Use is based.
1.12 “Sui Generis Database Rights” means rights, other than copyright,
resulting from Directive 96/9/EC of the European Parliament and of the
Council of 11 March 1996 on the legal protection of databases, as
amended and/or succeeded, as well as other equivalent rights anywhere
in the world.
1.13 “Use” means using Data (including accessing, copying, studying,
reviewing, adapting, analyzing, evaluating, or making Computational
Use of it), either by machines or humans, or a combination of both.
1.14 “You” or “Your” means any Entity that Receives Data under this
Agreement.
Section 2. Right and License to Use and to Publish
2.1 Subject to the conditions set forth in Section 3 of this
Agreement, Data Provider(s) hereby grant(s) to You a worldwide, non-
exclusive, irrevocable (except as provided in Section 5) right to: (a)
Use Data; and (b) Publish Data.
2.2 To the extent that the Data or the coordination, selection or
arrangement of Data is protected or protectable under copyright, Sui
Generis Database Rights, or other law, Data Provider(s) further
agree(s) that such Data or coordination, selection or arrangement is
hereby licensed to You and to anyone else who Receives Data under this
Agreement for Use and Publication, subject to the conditions set forth
in Section 3 of this Agreement.
2.3 Except for these rights and licenses expressly granted, no other
intellectual property rights are granted or should be implied.
Section 3. Conditions on Rights Granted
3.1 If You Publish Data You Receive or Enhanced Data:
(a) The Data including the Enhanced Data) must be Published under this
(Agreement in accordance with this Section 3; and
(b) You must cause any Data files containing Enhanced Data to carry
(prominent notices that You have changed those files; and
(c) If You Publish Data You Receive, You must preserve all credit or
(attribution to the Data Providers). Such retained credit or
(attribution includes any of the following to the extent they exist in
(Data as You have Received it: legal notices or metadata;
(identification of the Data Providers); or hyperlinks to Data to the
(extent it is practical to do so.
3.2 You may not restrict or deter the ability of anyone who Receives
the Data (a) to Publish the Data in a publicly-accessible manner or
(b) if the project has designated a Ledger for recording Data or
grants of rights in Data for purposes of this Agreement, to record the
Data or grants of rights in Data in the Ledger.
3.3 If You Publish Data You Receive, You must do so under an
unmodified form of this Agreement and include the text of this
Agreement, the name of this Agreement and/or a hyperlink or other
method reasonably likely to provide a copy of the text of this
Agreement. You may not modify this Agreement or impose any further
restrictions on the exercise of the rights granted under this
Agreement, including by adding any restriction on commercial or non-
commercial Use of Data (including Your Enhanced Data) or by limiting
permitted Use of such Data to any particular platform, technology or
field of endeavor. Notices that purport to modify this Agreement
shall be of no effect.
3.4 You and each Data Provider agree that Enhanced Data shall not be
considered a work of joint authorship by virtue of its relationship to
Data licensed under this Agreement and shall not require either any
obligation of accounting to or the consent of any Data Provider.
3.5 This Agreement imposes no obligations or restrictions on Your Use
or Publication of Results.
Section 4. Data Provider(s)’ Representations
4.1 Each Data Provider represents that the Data Provider has exercised
reasonable care, to assure that: (a) the Data it Publishes was created
or generated by it or was obtained from others with the right to
Publish the Data under this Agreement; and (b) Publication of such
Data does not violate any privacy or confidentiality obligation
undertaken by the Data Provider.
Section 5. Termination
5.1 All of Your rights under this Agreement will terminate, and Your
right to Receive, Use or Publish the Data will be revoked or modified
if You materially fail to comply with the terms and conditions of this
Agreement and You do not cure such failure in a reasonable period of
time after becoming aware of such noncompliance. If Your rights under
this Agreement terminate, You agree to cease Receipt, Use and
Publication of Data. However, Your obligations and any rights and
permissions granted by You under this Agreement relating to Data that
You Published prior to such termination will continue and survive.
5.2 If You institute litigation against a Data Provider or anyone else
who Receives the Data (including a cross-claim in a lawsuit) based on
the Data, other than a claim asserting breach of this Agreement, then
any rights previously granted to You to Receive, Use and Publish Data
under this Agreement will terminate as of the date such litigation is
filed.
Section 6. Disclaimer of Warranties and Limitation of Liability
6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE DATA
(INCLUDING ENHANCED DATA) IS PROVIDED ON AN “AS IS” BASIS, WITHOUT
WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED
INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.2 NEITHER YOU NOR ANY DATA PROVIDERS SHALL HAVE ANY LIABILITY FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
THE USE OR DISTRIBUTION OF THE DATA OR THE EXERCISE OF ANY RIGHTS
GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 7. Miscellaneous
7.1 You agree that it is solely Your responsibility to comply with all
applicable laws with regard to Your Use or Publication of Data,
including any applicable privacy, data protection, security and export
laws. You agree to take reasonable steps to assist a Data Provider
fulfilling responsibilities to comply with applicable laws with regard
to Use or Publication of Data Received hereunder.
7.2 You and Data Provider(s), collectively and individually, waive
and/or agree not to assert, to the extent permitted by law, any moral
rights You or they hold in Data.
7.3 This Agreement confers no rights or remedies upon any person or
entity other than the Parties and their respective heirs, executors,
successors and assigns.
7.4 The Data Provider(s) reserve no right or expectation of privacy,
data protection or confidentiality in any Data that they Publish under
this Agreement. If You choose to Publish Data under this Agreement,
You similarly do so with no reservation or expectation of any rights
of privacy or confidentiality in that Data.
7.5 The Community Data License Agreement workgroup under The Linux
Foundation is the steward of this Agreement (“Steward”). No one other
than the Steward has the right to modify or publish new versions of
this Agreement. Each version will be given a distinguishing version
number. You may Use and Publish Data Received hereunder under the
terms of the version of the Agreement under which You originally
Received the Data, or under the terms of any subsequent version
published by the Steward.