1Open Database License (ODbL) v1.0 2Disclaimer 3Open Data Commons is not a law firm and does not provide legal services of any kind. 4 5Open 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. 6 7No warranties and disclaimer of any damages. This information is provided ‘as is‘, and this site makes no warranties on the information provided. Any damages resulting from its use are disclaimed. 8 9Plain language summary 10A plain language summary of the Open Database License is available. 11 12Alternative formats: 13Plain Text 14 15ODC Open Database License (ODbL) 16Preamble 17The Open Database License (ODbL) is a license agreement intended to 18allow users to freely share, modify, and use this Database while 19maintaining this same freedom for others. Many databases are covered by 20copyright, and therefore this document licenses these rights. Some 21jurisdictions, mainly in the European Union, have specific rights that 22cover databases, and so the ODbL addresses these rights, too. Finally, 23the ODbL is also an agreement in contract for users of this Database to 24act in certain ways in return for accessing this Database. 25 26Databases can contain a wide variety of types of content (images, 27audiovisual material, and sounds all in the same database, for example), 28and so the ODbL only governs the rights over the Database, and not the 29contents of the Database individually. Licensors should use the ODbL 30together with another license for the contents, if the contents have a 31single set of rights that uniformly covers all of the contents. If the 32contents have multiple sets of different rights, Licensors should 33describe what rights govern what contents together in the individual 34record or in some other way that clarifies what rights apply. 35 36Sometimes the contents of a database, or the database itself, can be 37covered by other rights not addressed here (such as private contracts, 38trade mark over the name, or privacy rights / data protection rights 39over information in the contents), and so you are advised that you may 40have to consult other documents or clear other rights before doing 41activities not covered by this License. 42 43The Licensor (as defined below) 44 45and 46 47You (as defined below) 48 49agree as follows: 50 511.0 Definitions of Capitalised Words 52“Collective Database” – Means this Database in unmodified form as part 53of a collection of independent databases in themselves that together are 54assembled into a collective whole. A work that constitutes a Collective 55Database will not be considered a Derivative Database. 56 57“Convey” – As a verb, means Using the Database, a Derivative Database, 58or the Database as part of a Collective Database in any way that enables 59a Person to make or receive copies of the Database or a Derivative 60Database. Conveying does not include interaction with a user through a 61computer network, or creating and Using a Produced Work, where no 62transfer of a copy of the Database or a Derivative Database occurs. 63“Contents” – The contents of this Database, which includes the 64information, independent works, or other material collected into the 65Database. For example, the contents of the Database could be factual 66data or works such as images, audiovisual material, text, or sounds. 67 68“Database” – A collection of material (the Contents) arranged in a 69systematic or methodical way and individually accessible by electronic 70or other means offered under the terms of this License. 71 72“Database Directive” – Means Directive 96/9/EC of the European 73Parliament and of the Council of 11 March 1996 on the legal protection 74of databases, as amended or succeeded. 75 76“Database Right” – Means rights resulting from the Chapter III (“sui 77generis”) rights in the Database Directive (as amended and as transposed 78by member states), which includes the Extraction and Re-utilisation of 79the whole or a Substantial part of the Contents, as well as any similar 80rights available in the relevant jurisdiction under Section 10.4. 81 82“Derivative Database” – Means a database based upon the Database, and 83includes any translation, adaptation, arrangement, modification, or any 84other alteration of the Database or of a Substantial part of the 85Contents. This includes, but is not limited to, Extracting or 86Re-utilising the whole or a Substantial part of the Contents in a new 87Database. 88 89“Extraction” – Means the permanent or temporary transfer of all or a 90Substantial part of the Contents to another medium by any means or in 91any form. 92 93“License” – Means this license agreement and is both a license of rights 94such as copyright and Database Rights and an agreement in contract. 95 96“Licensor” – Means the Person that offers the Database under the terms 97of this License. 98 99“Person” – Means a natural or legal person or a body of persons 100corporate or incorporate. 101 102“Produced Work” – a work (such as an image, audiovisual material, text, 103or sounds) resulting from using the whole or a Substantial part of the 104Contents (via a search or other query) from this Database, a Derivative 105Database, or this Database as part of a Collective Database. 106 107“Publicly” – means to Persons other than You or under Your control by 108either more than 50% ownership or by the power to direct their 109activities (such as contracting with an independent consultant). 110 111“Re-utilisation” – means any form of making available to the public all 112or a Substantial part of the Contents by the distribution of copies, by 113renting, by online or other forms of transmission. 114 115“Substantial” – Means substantial in terms of quantity or quality or a 116combination of both. The repeated and systematic Extraction or 117Re-utilisation of insubstantial parts of the Contents may amount to the 118Extraction or Re-utilisation of a Substantial part of the Contents. 119 120“Use” – As a verb, means doing any act that is restricted by copyright 121or Database Rights whether in the original medium or any other; and 122includes without limitation distributing, copying, publicly performing, 123publicly displaying, and preparing derivative works of the Database, as 124well as modifying the Database as may be technically necessary to use it 125in a different mode or format. 126 127“You” – Means a Person exercising rights under this License who has not 128previously violated the terms of this License with respect to the 129Database, or who has received express permission from the Licensor to 130exercise rights under this License despite a previous violation. 131 132Words in the singular include the plural and vice versa. 133 1342.0 What this License covers 1352.1. Legal effect of this document. This License is: 136 137 a. A license of applicable copyright and neighbouring rights; 138 139 b. A license of the Database Right; and 140 141 c. An agreement in contract between You and the Licensor. 142 1432.2 Legal rights covered. This License covers the legal rights in the 144Database, including: 145 146 a. Copyright. Any copyright or neighbouring rights in the Database. 147The copyright licensed includes any individual elements of the 148Database, but does not cover the copyright over the Contents 149independent of this Database. See Section 2.4 for details. Copyright 150law varies between jurisdictions, but is likely to cover: the Database 151model or schema, which is the structure, arrangement, and organisation 152of the Database, and can also include the Database tables and table 153indexes; the data entry and output sheets; and the Field names of 154Contents stored in the Database; 155 156 b. Database Rights. Database Rights only extend to the Extraction and 157Re-utilisation of the whole or a Substantial part of the Contents. 158Database Rights can apply even when there is no copyright over the 159 Database. Database Rights can also apply when the Contents are removed 160from the Database and are selected and arranged in a way that would 161not infringe any applicable copyright; and 162 163 c. Contract. This is an agreement between You and the Licensor for 164access to the Database. In return you agree to certain conditions of 165use on this access as outlined in this License. 166 1672.3 Rights not covered. 168 169 a. This License does not apply to computer programs used in the making 170or operation of the Database; 171 172 b. This License does not cover any patents over the Contents or the 173Database; and 174 175 c. This License does not cover any trademarks associated with the 176 Database. 177 1782.4 Relationship to Contents in the Database. The individual items of 179the Contents contained in this Database may be covered by other rights, 180including copyright, patent, data protection, privacy, or personality 181rights, and this License does not cover any rights (other than Database 182Rights or in contract) in individual Contents contained in the Database. 183For example, if used on a Database of images (the Contents), this 184License would not apply to copyright over individual images, which could 185have their own separate licenses, or one single license covering all of 186the rights over the images. 187 1883.0 Rights granted 1893.1 Subject to the terms and conditions of this License, the Licensor 190grants to You a worldwide, royalty-free, non-exclusive, terminable (but 191only under Section 9) license to Use the Database for the duration of 192any applicable copyright and Database Rights. These rights explicitly 193include commercial use, and do not exclude any field of endeavour. To 194the extent possible in the relevant jurisdiction, these rights may be 195exercised in all media and formats whether now known or created in the 196future. 197 198The rights granted cover, for example: 199 200 a. Extraction and Re-utilisation of the whole or a Substantial part of 201the Contents; 202 203 b. Creation of Derivative Databases; 204 205 c. Creation of Collective Databases; 206 207 d. Creation of temporary or permanent reproductions by any means and 208in any form, in whole or in part, including of any Derivative 209Databases or as a part of Collective Databases; and 210 211 e. Distribution, communication, display, lending, making available, or 212performance to the public by any means and in any form, in whole or in 213part, including of any Derivative Database or as a part of Collective 214 Databases. 215 2163.2 Compulsory license schemes. For the avoidance of doubt: 217 218 a. Non-waivable compulsory license schemes. In those jurisdictions in 219which the right to collect royalties through any statutory or 220compulsory licensing scheme cannot be waived, the Licensor reserves 221the exclusive right to collect such royalties for any exercise by You 222of the rights granted under this License; 223 224 b. Waivable compulsory license schemes. In those jurisdictions in 225which the right to collect royalties through any statutory or 226compulsory licensing scheme can be waived, the Licensor waives the 227exclusive right to collect such royalties for any exercise by You of 228the rights granted under this License; and, 229 230 c. Voluntary license schemes. The Licensor waives the right to collect 231royalties, whether individually or, in the event that the Licensor is 232a member of a collecting society that administers voluntary licensing 233schemes, via that society, from any exercise by You of the rights 234granted under this License. 235 2363.3 The right to release the Database under different terms, or to stop 237distributing or making available the Database, is reserved. Note that 238this Database may be multiple-licensed, and so You may have the choice 239of using alternative licenses for this Database. Subject to Section 24010.4, all other rights not expressly granted by Licensor are reserved. 241 2424.0 Conditions of Use 2434.1 The rights granted in Section 3 above are expressly made subject to 244Your complying with the following conditions of use. These are important 245conditions of this License, and if You fail to follow them, You will be 246in material breach of its terms. 247 2484.2 Notices. If You Publicly Convey this Database, any Derivative 249Database, or the Database as part of a Collective Database, then You 250must: 251 252 a. Do so only under the terms of this License or another license 253permitted under Section 4.4; 254 255 b. Include a copy of this License (or, as applicable, a license 256permitted under Section 4.4) or its Uniform Resource Identifier (URI) 257with the Database or Derivative Database, including both in the 258Database or Derivative Database and in any relevant documentation; and 259 260 c. Keep intact any copyright or Database Right notices and notices 261that refer to this License. 262 263 d. If it is not possible to put the required notices in a particular 264file due to its structure, then You must include the notices in a 265location (such as a relevant directory) where users would be likely to 266look for it. 267 2684.3 Notice for using output (Contents). Creating and Using a Produced 269Work does not require the notice in Section 4.2. However, if you 270Publicly Use a Produced Work, You must include a notice associated with 271the Produced Work reasonably calculated to make any Person that uses, 272views, accesses, interacts with, or is otherwise exposed to the Produced 273Work aware that Content was obtained from the Database, Derivative 274Database, or the Database as part of a Collective Database, and that it 275is available under this License. 276 277 a. Example notice. The following text will satisfy notice under 278Section 4.3: 279 280 Contains information from DATABASE NAME, which is made available 281 here under the Open Database License (ODbL). 282DATABASE NAME should be replaced with the name of the Database and a 283hyperlink to the URI of the Database. “Open Database License” should 284contain a hyperlink to the URI of the text of this License. If 285hyperlinks are not possible, You should include the plain text of the 286required URI’s with the above notice. 287 2884.4 Share alike. 289 290 a. Any Derivative Database that You Publicly Use must be only under 291the terms of: 292 293 i. This License; 294 295 ii. A later version of this License similar in spirit to this 296License; or 297 298 iii. A compatible license. 299 300If You license the Derivative Database under one of the licenses 301mentioned in (iii), You must comply with the terms of that license. 302 303 b. For the avoidance of doubt, Extraction or Re-utilisation of the 304whole or a Substantial part of the Contents into a new database is a 305Derivative Database and must comply with Section 4.4. 306 307 c. Derivative Databases and Produced Works. A Derivative Database is 308Publicly Used and so must comply with Section 4.4. if a Produced Work 309created from the Derivative Database is Publicly Used. 310 311 d. Share Alike and additional Contents. For the avoidance of doubt, 312You must not add Contents to Derivative Databases under Section 4.4 a 313that are incompatible with the rights granted under this License. 314 315 e. Compatible licenses. Licensors may authorise a proxy to determine 316compatible licenses under Section 4.4 a iii. If they do so, the 317authorised proxy’s public statement of acceptance of a compatible 318license grants You permission to use the compatible license. 319 3204.5 Limits of Share Alike. The requirements of Section 4.4 do not apply 321in the following: 322 323 a. For the avoidance of doubt, You are not required to license 324Collective Databases under this License if You incorporate this 325Database or a Derivative Database in the collection, but this License 326still applies to this Database or a Derivative Database as a part of 327the Collective Database; 328 329 b. Using this Database, a Derivative Database, or this Database as 330part of a Collective Database to create a Produced Work does not 331create a Derivative Database for purposes of Section 4.4; and 332 333 c. Use of a Derivative Database internally within an organisation is 334not to the public and therefore does not fall under the requirements 335of Section 4.4. 336 3374.6 Access to Derivative Databases. If You Publicly Use a Derivative 338Database or a Produced Work from a Derivative Database, You must also 339offer to recipients of the Derivative Database or Produced Work a copy 340in a machine readable form of: 341 342 a. The entire Derivative Database; or 343 344 b. A file containing all of the alterations made to the Database or 345the method of making the alterations to the Database (such as an 346algorithm), including any additional Contents, that make up all the 347differences between the Database and the Derivative Database. 348 349The Derivative Database (under a.) or alteration file (under b.) must be 350available at no more than a reasonable production cost for physical 351distributions and free of charge if distributed over the internet. 352 3534.7 Technological measures and additional terms 354 355 a. This License does not allow You to impose (except subject to 356Section 4.7 b.) any terms or any technological measures on the 357Database, a Derivative Database, or the whole or a Substantial part of 358the Contents that alter or restrict the terms of this License, or any 359rights granted under it, or have the effect or intent of restricting 360the ability of any person to exercise those rights. 361 362 b. Parallel distribution. You may impose terms or technological 363measures on the Database, a Derivative Database, or the whole or a 364Substantial part of the Contents (a “Restricted Database”) in 365contravention of Section 4.74 a. only if You also make a copy of the 366Database or a Derivative Database available to the recipient of the 367Restricted Database: 368 369 i. That is available without additional fee; 370 371 ii. That is available in a medium that does not alter or restrict 372the terms of this License, or any rights granted under it, or have 373the effect or intent of restricting the ability of any person to 374exercise those rights (an “Unrestricted Database”); and 375 376 iii. The Unrestricted Database is at least as accessible to the 377recipient as a practical matter as the Restricted Database. 378 379 c. For the avoidance of doubt, You may place this Database or a 380Derivative Database in an authenticated environment, behind a 381password, or within a similar access control scheme provided that You 382do not alter or restrict the terms of this License or any rights 383granted under it or have the effect or intent of restricting the 384ability of any person to exercise those rights. 385 3864.8 Licensing of others. You may not sublicense the Database. Each time 387You communicate the Database, the whole or Substantial part of the 388Contents, or any Derivative Database to anyone else in any way, the 389Licensor offers to the recipient a license to the Database on the same 390terms and conditions as this License. You are not responsible for 391enforcing compliance by third parties with this License, but You may 392enforce any rights that You have over a Derivative Database. You are 393solely responsible for any modifications of a Derivative Database made 394by You or another Person at Your direction. You may not impose any 395further restrictions on the exercise of the rights granted or affirmed 396under this License. 397 3985.0 Moral rights 3995.1 Moral rights. This section covers moral rights, including any rights 400to be identified as the author of the Database or to object to treatment 401that would otherwise prejudice the author’s honour and reputation, or 402any other derogatory treatment: 403 404 a. For jurisdictions allowing waiver of moral rights, Licensor waives 405all moral rights that Licensor may have in the Database to the fullest 406extent possible by the law of the relevant jurisdiction under Section 407 10.4; 408 409 b. If waiver of moral rights under Section 5.1 a in the relevant 410jurisdiction is not possible, Licensor agrees not to assert any moral 411rights over the Database and waives all claims in moral rights to the 412fullest extent possible by the law of the relevant jurisdiction under 413Section 10.4; and 414 415 c. For jurisdictions not allowing waiver or an agreement not to assert 416moral rights under Section 5.1 a and b, the author may retain their 417moral rights over certain aspects of the Database. 418 419Please note that some jurisdictions do not allow for the waiver of moral 420rights, and so moral rights may still subsist over the Database in some 421jurisdictions. 422 4236.0 Fair dealing, Database exceptions, and other rights not affected 4246.1 This License does not affect any rights that You or anyone else may 425independently have under any applicable law to make any use of this 426Database, including without limitation: 427 428 a. Exceptions to the Database Right including: Extraction of Contents 429from non-electronic Databases for private purposes, Extraction for 430purposes of illustration for teaching or scientific research, and 431Extraction or Re-utilisation for public security or an administrative 432or judicial procedure. 433 434 b. Fair dealing, fair use, or any other legally recognised limitation 435or exception to infringement of copyright or other applicable laws. 436 4376.2 This License does not affect any rights of lawful users to Extract 438and Re-utilise insubstantial parts of the Contents, evaluated 439quantitatively or qualitatively, for any purposes whatsoever, including 440creating a Derivative Database (subject to other rights over the 441Contents, see Section 2.4). The repeated and systematic Extraction or 442Re-utilisation of insubstantial parts of the Contents may however amount 443to the Extraction or Re-utilisation of a Substantial part of the 444Contents. 445 4467.0 Warranties and Disclaimer 4477.1 The Database is licensed by the Licensor “as is” and without any 448warranty of any kind, either express, implied, or arising by statute, 449custom, course of dealing, or trade usage. Licensor specifically 450disclaims any and all implied warranties or conditions of title, 451non-infringement, accuracy or completeness, the presence or absence of 452errors, fitness for a particular purpose, merchantability, or otherwise. 453Some jurisdictions do not allow the exclusion of implied warranties, so 454this exclusion may not apply to You. 455 4568.0 Limitation of liability 4578.1 Subject to any liability that may not be excluded or limited by law, 458the Licensor is not liable for, and expressly excludes, all liability 459for loss or damage however and whenever caused to anyone by any use 460under this License, whether by You or by anyone else, and whether caused 461by any fault on the part of the Licensor or not. This exclusion of 462liability includes, but is not limited to, any special, incidental, 463consequential, punitive, or exemplary damages such as loss of revenue, 464data, anticipated profits, and lost business. This exclusion applies 465even if the Licensor has been advised of the possibility of such 466damages. 467 4688.2 If liability may not be excluded by law, it is limited to actual and 469direct financial loss to the extent it is caused by proved negligence on 470the part of the Licensor. 471 4729.0 Termination of Your rights under this License 4739.1 Any breach by You of the terms and conditions of this License 474automatically terminates this License with immediate effect and without 475notice to You. For the avoidance of doubt, Persons who have received the 476Database, the whole or a Substantial part of the Contents, Derivative 477Databases, or the Database as part of a Collective Database from You 478under this License will not have their licenses terminated provided 479their use is in full compliance with this License or a license granted 480under Section 4.8 of this License. Sections 1, 2, 7, 8, 9 and 10 will 481survive any termination of this License. 482 4839.2 If You are not in breach of the terms of this License, the Licensor 484will not terminate Your rights under it. 485 4869.3 Unless terminated under Section 9.1, this License is granted to You 487for the duration of applicable rights in the Database. 488 4899.4 Reinstatement of rights. If you cease any breach of the terms and 490conditions of this License, then your full rights under this License 491will be reinstated: 492 493 a. Provisionally and subject to permanent termination until the 60th 494day after cessation of breach; 495 496 b. Permanently on the 60th day after cessation of breach unless 497otherwise reasonably notified by the Licensor; or 498 499 c. Permanently if reasonably notified by the Licensor of the 500violation, this is the first time You have received notice of 501violation of this License from the Licensor, and You cure the 502violation prior to 30 days after your receipt of the notice. 503 504Persons subject to permanent termination of rights are not eligible to 505be a recipient and receive a license under Section 4.8. 506 5079.5 Notwithstanding the above, Licensor reserves the right to release 508the Database under different license terms or to stop distributing or 509making available the Database. Releasing the Database under different 510license terms or stopping the distribution of the Database will not 511withdraw this License (or any other license that has been, or is 512required to be, granted under the terms of this License), and this 513License will continue in full force and effect unless terminated as 514stated above. 515 51610.0 General 51710.1 If any provision of this License is held to be invalid or 518unenforceable, that must not affect the validity or enforceability of 519the remainder of the terms and conditions of this License and each 520remaining provision of this License shall be valid and enforced to the 521fullest extent permitted by law. 522 52310.2 This License is the entire agreement between the parties with 524respect to the rights granted here over the Database. It replaces any 525earlier understandings, agreements or representations with respect to 526the Database. 527 52810.3 If You are in breach of the terms of this License, You will not be 529entitled to rely on the terms of this License or to complain of any 530breach by the Licensor. 531 53210.4 Choice of law. This License takes effect in and will be governed by 533the laws of the relevant jurisdiction in which the License terms are 534sought to be enforced. If the standard suite of rights granted under 535applicable copyright law and Database Rights in the relevant 536jurisdiction includes additional rights not granted under this License, 537these additional rights are granted in this License in order to meet the 538terms of this License. 539