1Community Data License Agreement - Permissive - Version 1.0 2 3This is the Community Data License Agreement – Permissive, Version 1.0 4 5(“Agreement”). Data is provided to You under this Agreement by each of the Data 6Providers. Your exercise of any of the rights and permissions granted below constitutes 7Your acceptance and agreement to be bound by the terms and conditions of this 8Agreement. 9 10The benefits that each Data Provider receives from making Data available and that You 11receive from Data or otherwise under these terms and conditions shall be deemed 12sufficient consideration for the formation of this Agreement. Accordingly, Data 13Provider(s) and You (the “Parties”) agree as follows: 14 15Section 1. Definitions 16 171.1 “Add” means to supplement Data with Your own or someone else’s Data, resulting in 18Your “Additions.” Additions do not include Results. 19 201.2 “Computational Use” means Your analysis (through the use of computational devices 21or otherwise) or other interpretation of Data. By way of example and not limitation, 22“Computational Use” includes the application of any computational analytical technique, 23the purpose of which is the analysis of any Data in digital form to generate information 24about Data such as patterns, trends, correlations, inferences, insights and attributes. 25 261.3 “Data” means the information (including copyrightable information, such as images 27or text), collectively or individually, whether created or gathered by a Data Provider or an 28Entity acting on its behalf, to which rights are granted under this Agreement. 29 301.4 “Data Provider” means any Entity (including any employee or contractor of such 31Entity authorized to Publish Data on behalf of such Entity) that Publishes Data under this 32Agreement prior to Your Receiving it. 33 341.5 “Enhanced Data” means the subset of Data that You Publish and that is composed of 35(a) Your Additions and/or (b) Modifications to Data You have received under this 36Agreement. 37 381.6 “Entity” means any natural person or organization that exists under the laws of the 39jurisdiction in which it is organized, together with all other entities that control, are 40controlled by, or are under common control with that entity. For the purposes of this 41definition, “control” means (a) the power, directly or indirectly, to cause the direction or 42management of such entity, whether by contract or otherwise, (b) the ownership of more 43than fifty percent (50%) of the outstanding shares or securities, (c) the beneficial 44ownership of such entity or, (d) the ability to appoint, whether by agreement or right, the 45majority of directors of an Entity. 46 471.7 “Modify” means to delete, erase, correct or re-arrange Data, resulting in 48“Modifications.” Modifications do not include Results. 49 501.8 “Publish” means to make all or a subset of Data (including Your Enhanced Data) 51available in any manner which enables its Use, including by providing a copy on physical 52media or remote access. For any form of Entity, that is to make the Data available to any 53individual who is not employed by that Entity or engaged as a contractor or agent to 54perform work on that Entity’s behalf. A “Publication” occurs each time You Publish 55Data. 56 571.9 “Receive” or “Receives” means to have been given access to Data, locally or 58remotely. 59 601.10 “Results” means the outcomes or outputs that You obtain from Your Computational 61Use of Data. Results shall not include more than a de minimis portion of the Data on 62which the Computational Use is based. 63 641.11 “Sui Generis Database Rights” means rights, other than copyright, resulting from 65Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on 66the legal protection of databases, as amended and/or succeeded, as well as other 67equivalent rights anywhere in the world. 68 691.12 “Use” means using Data (including accessing, copying, studying, reviewing, 70adapting, analyzing, evaluating, or making Computational Use of it), either by machines 71or humans, or a combination of both. 72 731.13 “You” or “Your” means any Entity that Receives Data under this Agreement. 74 75Section 2. Right and License to Use and to Publish 76 772.1 Subject to the conditions set forth in Section 3 of this Agreement, Data Provider(s) 78hereby grant(s) to You a worldwide, non-exclusive, irrevocable (except as provided in 79Section 5) right to: (a) Use Data; and (b) Publish Data. 80 812.2 To the extent that the Data or the coordination, selection or arrangement of Data is 82protected or protectable under copyright, Sui Generis Database Rights, or other law, Data 83Provider(s) further agree(s) that such Data or coordination, selection or arrangement is 84hereby licensed to You and to anyone else who Receives Data under this Agreement for 85Use and Publication, subject to the conditions set forth in Section 3 of this Agreement. 86 872.3 Except for these rights and licenses expressly granted, no other intellectual property 88rights are granted or should be implied. 89 90Section 3. Conditions on Rights Granted 91 923.1 If You Publish Data You Receive or Enhanced Data: 93 94(a) You may do so under a license of Your choice provided that You give anyone 95who Receives the Data from You the text of this Agreement, the name of this 96Agreement and/or a hyperlink or other method reasonably likely to provide a 97copy of the text of this Agreement; and 98 99(b) You must cause any Data files containing Enhanced Data to carry prominent 100notices that You have changed those files; and 101 102(c) If You Publish Data You Receive, You must preserve all credit or attribution 103to the Data Provider(s). Such retained credit or attribution includes any of the 104following to the extent they exist in Data as You have Received it: legal 105notices or metadata; identification of the Data Provider(s); or hyperlinks to 106Data to the extent it is practical to do so. 107 1083.2 You may provide additional or different license terms and conditions for use, 109reproduction, or distribution of that Enhanced Data, or for any combination of Data and 110Enhanced Data as a whole, provided that Your Use and Publication of that combined 111Data otherwise complies with the conditions stated in this License. 112 1133.3 You and each Data Provider agree that Enhanced Data shall not be considered a work 114of joint authorship by virtue of its relationship to Data licensed under this Agreement and 115shall not require either any obligation of accounting to or the consent of any Data 116Provider. 117 1183.4 This Agreement imposes no obligations or restrictions on Your Use or Publication of 119Results. 120 121Section 4. Data Provider(s)’ Representations 122 1234.1 Each Data Provider represents that the Data Provider has exercised reasonable care, 124to assure that: (a) the Data it Publishes was created or generated by it or was obtained 125from others with the right to Publish the Data under this Agreement; and (b) Publication 126of such Data does not violate any privacy or confidentiality obligation undertaken by the 127Data Provider. 128 129Section 5. Termination 130 1315.1 All of Your rights under this Agreement will terminate, and Your right to Receive, 132Use or Publish the Data will be revoked or modified if You materially fail to comply with 133the terms and conditions of this Agreement and You do not cure such failure in a 134reasonable period of time after becoming aware of such noncompliance. If Your rights 135under this Agreement terminate, You agree to cease Receipt, Use and Publication of 136Data. However, Your obligations and any rights and permissions granted by You under 137this Agreement relating to Data that You Published prior to such termination will 138continue and survive. 139 1405.2 If You institute litigation against a Data Provider or anyone else who Receives the 141Data (including a cross-claim in a lawsuit) based on the Data, other than a claim asserting 142breach of this Agreement, then any rights previously granted to You to Receive, Use and 143Publish Data under this Agreement will terminate as of the date such litigation is filed. 144 145Section 6. Disclaimer of Warranties and Limitation of Liability 146 1476.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE DATA 148(INCLUDING ENHANCED DATA) IS PROVIDED ON AN “AS IS” BASIS, 149WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS 150OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR 151CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR 152FITNESS FOR A PARTICULAR PURPOSE. 153 1546.2 NEITHER YOU NOR ANY DATA PROVIDERS SHALL HAVE ANY LIABILITY 155FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR 156CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST 157PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, 158WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING 159NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR 160DISTRIBUTION OF THE DATA OR THE EXERCISE OF ANY RIGHTS GRANTED 161HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 162 163Section 7. Miscellaneous 164 1657.1 You agree that it is solely Your responsibility to comply with all applicable laws with 166regard to Your Use or Publication of Data, including any applicable privacy, data 167protection, security and export laws. You agree to take reasonable steps to assist a Data 168Provider fulfilling responsibilities to comply with applicable laws with regard to Use or 169Publication of Data Received hereunder. 170 1717.2 You and Data Provider(s), collectively and individually, waive and/or agree not to 172assert, to the extent permitted by law, any moral rights You or they hold in Data. 173 1747.3 This Agreement confers no rights or remedies upon any person or entity other than 175the Parties and their respective heirs, executors, successors and assigns. 176 1777.4 The Data Provider(s) reserve no right or expectation of privacy, data protection or 178confidentiality in any Data that they Publish under this Agreement. If You choose to 179Publish Data under this Agreement, You similarly do so with no reservation or 180expectation of any rights of privacy or confidentiality in that Data. 181 1827.5 The Community Data License Agreement workgroup under The Linux Foundation is 183the steward of this Agreement (“Steward”). No one other than the Steward has the right 184to modify or publish new versions of this Agreement. Each version will be given a 185distinguishing version number. You may Use and Publish Data Received hereunder 186under the terms of the version of the Agreement under which You originally Received the 187Data, or under the terms of any subsequent version published by the Steward. 188