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17 The Open Database License (ODbL) is a license agreement intended to
26 Databases can contain a wide variety of types of content (images,
30 together with another license for the contents, if the contents have a
36 Sometimes the contents of a database, or the database itself, can be
53 of a collection of independent databases in themselves that together are
54 assembled into a collective whole. A work that constitutes a Collective
55 Database will not be considered a Derivative Database.
57 “Convey” – As a verb, means Using the Database, a Derivative Database,
58 or the Database as part of a Collective Database in any way that enables
59 a Person to make or receive copies of the Database or a Derivative
60 Database. Conveying does not include interaction with a user through a
61 computer network, or creating and Using a Produced Work, where no
62 transfer of a copy of the Database or a Derivative Database occurs.
68 “Database” – A collection of material (the Contents) arranged in a
79 the whole or a Substantial part of the Contents, as well as any similar
82 “Derivative Database” – Means a database based upon the Database, and
84 other alteration of the Database or of a Substantial part of the
86 Re-utilising the whole or a Substantial part of the Contents in a new
89 “Extraction” – Means the permanent or temporary transfer of all or a
93 “License” – Means this license agreement and is both a license of rights
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103 or sounds) resulting from using the whole or a Substantial part of the
104 Contents (via a search or other query) from this Database, a Derivative
105 Database, or this Database as part of a Collective Database.
112 or a Substantial part of the Contents by the distribution of copies, by
115 “Substantial” – Means substantial in terms of quantity or quality or a
118 Extraction or Re-utilisation of a Substantial part of the Contents.
120 “Use” – As a verb, means doing any act that is restricted by copyright
125 in a different mode or format.
127 “You” – Means a Person exercising rights under this License who has not
130 exercise rights under this License despite a previous violation.
137 a. A license of applicable copyright and neighbouring rights;
146 a. Copyright. Any copyright or neighbouring rights in the Database.
157 Re-utilisation of the whole or a Substantial part of the Contents.
160 from the Database and are selected and arranged in a way that would
169 a. This License does not apply to computer programs used in the making
183 For example, if used on a Database of images (the Contents), this
190 grants to You a worldwide, royalty-free, non-exclusive, terminable (but
200 a. Extraction and Re-utilisation of the whole or a Substantial part of
209 Databases or as a part of Collective Databases; and
213 part, including of any Derivative Database or as a part of Collective
218 a. Non-waivable compulsory license schemes. In those jurisdictions in
232 a member of a collecting society that administers voluntary licensing
249 Database, or the Database as part of a Collective Database, then You
252 a. Do so only under the terms of this License or another license
255 b. Include a copy of this License (or, as applicable, a license
263 d. If it is not possible to put the required notices in a particular
264 file due to its structure, then You must include the notices in a
265 location (such as a relevant directory) where users would be likely to
268 4.3 Notice for using output (Contents). Creating and Using a Produced
270 Publicly Use a Produced Work, You must include a notice associated with
274 Database, or the Database as part of a Collective Database, and that it
277 a. Example notice. The following text will satisfy notice under
282 DATABASE NAME should be replaced with the name of the Database and a
284 contain a hyperlink to the URI of the text of this License. If
290 a. Any Derivative Database that You Publicly Use must be only under
304 whole or a Substantial part of the Contents into a new database is a
308 Publicly Used and so must comply with Section 4.4. if a Produced Work
312 You must not add Contents to Derivative Databases under Section 4.4 a
315 e. Compatible licenses. Licensors may authorise a proxy to determine
316 compatible licenses under Section 4.4 a iii. If they do so, the
317 authorised proxy’s public statement of acceptance of a compatible
323 a. For the avoidance of doubt, You are not required to license
325 Database or a Derivative Database in the collection, but this License
326 still applies to this Database or a Derivative Database as a part of
329 b. Using this Database, a Derivative Database, or this Database as
330 part of a Collective Database to create a Produced Work does not
331 create a Derivative Database for purposes of Section 4.4; and
333 c. Use of a Derivative Database internally within an organisation is
337 4.6 Access to Derivative Databases. If You Publicly Use a Derivative
338 Database or a Produced Work from a Derivative Database, You must also
339 offer to recipients of the Derivative Database or Produced Work a copy
340 in a machine readable form of:
342 a. The entire Derivative Database; or
349 The Derivative Database (under a.) or alteration file (under b.) must be
350 available at no more than a reasonable production cost for physical
355 a. This License does not allow You to impose (except subject to
357 Database, a Derivative Database, or the whole or a Substantial part of
363 measures on the Database, a Derivative Database, or the whole or a
364 Substantial part of the Contents (a “Restricted Database”) in
365 contravention of Section 4.74 a. only if You also make a copy of the
366 Database or a Derivative Database available to the recipient of the
371 ii. That is available in a medium that does not alter or restrict
377 recipient as a practical matter as the Restricted Database.
379 c. For the avoidance of doubt, You may place this Database or a
380 Derivative Database in an authenticated environment, behind a
381 password, or within a similar access control scheme provided that You
389 Licensor offers to the recipient a license to the Database on the same
392 enforce any rights that You have over a Derivative Database. You are
393 solely responsible for any modifications of a Derivative Database made
404 a. For jurisdictions allowing waiver of moral rights, Licensor waives
409 b. If waiver of moral rights under Section 5.1 a in the relevant
416 moral rights under Section 5.1 a and b, the author may retain their
428 a. Exceptions to the Database Right including: Extraction of Contents
440 creating a Derivative Database (subject to other rights over the
443 to the Extraction or Re-utilisation of a Substantial part of the
452 errors, fitness for a particular purpose, merchantability, or otherwise.
476 Database, the whole or a Substantial part of the Contents, Derivative
477 Databases, or the Database as part of a Collective Database from You
479 their use is in full compliance with this License or a license granted
493 a. Provisionally and subject to permanent termination until the 60th
505 be a recipient and receive a license under Section 4.8.