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  1. Community Data License Agreement - Permissive - Version 1.0
  2. This is the Community Data License Agreement - Permissive, Version 1.0 ("Agreement").
  3. Data is provided to You under this Agreement by each of the Data Providers.
  4. Your exercise of any of the rights and permissions granted below constitutes
  5. Your acceptance and agreement to be bound by the terms and conditions of this
  6. Agreement.
  7. The benefits that each Data Provider receives from making Data available and
  8. that You receive from Data or otherwise under these terms and conditions shall
  9. be deemed sufficient consideration for the formation of this Agreement. Accordingly,
  10. Data Provider(s) and You (the "Parties") agree as follows:
  11. Section 1. Definitions
  12. 1.1 "Add" means to supplement Data with Your own or someone else's Data, resulting
  13. in Your "Additions." Additions do not include Results.
  14. 1.2 "Computational Use" means Your analysis (through the use of computational
  15. devices or otherwise) or other interpretation of Data. By way of example and
  16. not limitation, "Computational Use" includes the application of any computational
  17. analytical technique, the purpose of which is the analysis of any Data in
  18. digital form to generate information about Data such as patterns, trends,
  19. correlations, inferences, insights and attributes.
  20. 1.3 "Data" means the information (including copyrightable information, such
  21. as images or text), collectively or individually, whether created or gathered
  22. by a Data Provider or an Entity acting on its behalf, to which rights are
  23. granted under this Agreement.
  24. 1.4 "Data Provider" means any Entity (including any employee or contractor
  25. of such Entity authorized to Publish Data on behalf of such Entity) that Publishes
  26. Data under this Agreement prior to Your Receiving it.
  27. 1.5 "Enhanced Data" means the subset of Data that You Publish and that is
  28. composed of (a) Your Additions and/or (b) Modifications to Data You have received
  29. under this Agreement.
  30. 1.6 "Entity" means any natural person or organization that exists under the
  31. laws of the jurisdiction in which it is organized, together with all other
  32. entities that control, are controlled by, or are under common control with
  33. that entity. For the purposes of this definition, "control" means (a) the
  34. power, directly or indirectly, to cause the direction or management of such
  35. entity, whether by contract or otherwise, (b) the ownership of more than fifty
  36. percent (50%) of the outstanding shares or securities, (c) the beneficial
  37. ownership of such entity or, (d) the ability to appoint, whether by agreement
  38. or right, the majority of directors of an Entity.
  39. 1.7 "Modify" means to delete, erase, correct or re-arrange Data, resulting
  40. in "Modifications." Modifications do not include Results.
  41. 1.8 "Publish" means to make all or a subset of Data (including Your Enhanced
  42. Data) available in any manner which enables its Use, including by providing
  43. a copy on physical media or remote access. For any form of Entity, that is
  44. to make the Data available to any individual who is not employed by that Entity
  45. or engaged as a contractor or agent to perform work on that Entity's behalf.
  46. A "Publication" occurs each time You Publish Data.
  47. 1.9 "Receive" or "Receives" means to have been given access to Data, locally
  48. or remotely.
  49. 1.10 "Results" means the outcomes or outputs that You obtain from Your Computational
  50. Use of Data. Results shall not include more than a de minimis portion of the
  51. Data on which the Computational Use is based.
  52. 1.11 "Sui Generis Database Rights" means rights, other than copyright, resulting
  53. from Directive 96/9/EC of the European Parliament and of the Council of 11
  54. March 1996 on the legal protection of databases, as amended and/or succeeded,
  55. as well as other equivalent rights anywhere in the world.
  56. 1.12 "Use" means using Data (including accessing, copying, studying, reviewing,
  57. adapting, analyzing, evaluating, or making Computational Use of it), either
  58. by machines or humans, or a combination of both.
  59. 1.13 "You" or "Your" means any Entity that Receives Data under this Agreement.
  60. Section 2. Right and License to Use and to Publish
  61. 2.1 Subject to the conditions set forth in Section 3 of this Agreement, Data
  62. Provider(s) hereby grant(s) to You a worldwide, non-exclusive, irrevocable
  63. (except as provided in Section 5) right to: (a) Use Data; and (b) Publish
  64. Data.
  65. 2.2 To the extent that the Data or the coordination, selection or arrangement
  66. of Data is protected or protectable under copyright, Sui Generis Database
  67. Rights, or other law, Data Provider(s) further agree(s) that such Data or
  68. coordination, selection or arrangement is hereby licensed to You and to anyone
  69. else who Receives Data under this Agreement for Use and Publication, subject
  70. to the conditions set forth in Section 3 of this Agreement.
  71. 2.3 Except for these rights and licenses expressly granted, no other intellectual
  72. property rights are granted or should be implied.
  73. Section 3. Conditions on Rights Granted
  74. 3.1 If You Publish Data You Receive or Enhanced Data:
  75. (a) You may do so under a license of Your choice provided that You give anyone
  76. who Receives the Data from You the text of this Agreement, the name of this
  77. Agreement and/or a hyperlink or other method reasonably likely to provide
  78. a copy of the text of this Agreement; and
  79. (b) You must cause any Data files containing Enhanced Data to carry prominent
  80. notices that You have changed those files; and
  81. (c) If You Publish Data You Receive, You must preserve all credit or attribution
  82. to the Data Provider(s). Such retained credit or attribution includes any
  83. of the following to the extent they exist in Data as You have Received it:
  84. legal notices or metadata; identification of the Data Provider(s); or hyperlinks
  85. to Data to the extent it is practical to do so.
  86. 3.2 You may provide additional or different license terms and conditions for
  87. use, reproduction, or distribution of that Enhanced Data, or for any combination
  88. of Data and Enhanced Data as a whole, provided that Your Use and Publication
  89. of that combined Data otherwise complies with the conditions stated in this
  90. License.
  91. 3.3 You and each Data Provider agree that Enhanced Data shall not be considered
  92. a work of joint authorship by virtue of its relationship to Data licensed
  93. under this Agreement and shall not require either any obligation of accounting
  94. to or the consent of any Data Provider.
  95. 3.4 This Agreement imposes no obligations or restrictions on Your Use or Publication
  96. of Results.
  97. Section 4. Data Provider(s)' Representations
  98. 4.1 Each Data Provider represents that the Data Provider has exercised reasonable
  99. care, to assure that: (a) the Data it Publishes was created or generated by
  100. it or was obtained from others with the right to Publish the Data under this
  101. Agreement; and (b) Publication of such Data does not violate any privacy or
  102. confidentiality obligation undertaken by the Data Provider.
  103. Section 5. Termination
  104. 5.1 All of Your rights under this Agreement will terminate, and Your right
  105. to Receive, Use or Publish the Data will be revoked or modified if You materially
  106. fail to comply with the terms and conditions of this Agreement and You do
  107. not cure such failure in a reasonable period of time after becoming aware
  108. of such noncompliance. If Your rights under this Agreement terminate, You
  109. agree to cease Receipt, Use and Publication of Data. However, Your obligations
  110. and any rights and permissions granted by You under this Agreement relating
  111. to Data that You Published prior to such termination will continue and survive.
  112. 5.2 If You institute litigation against a Data Provider or anyone else who
  113. Receives the Data (including a cross-claim in a lawsuit) based on the Data,
  114. other than a claim asserting breach of this Agreement, then any rights previously
  115. granted to You to Receive, Use and Publish Data under this Agreement will
  116. terminate as of the date such litigation is filed.
  117. Section 6. Disclaimer of Warranties and Limitation of Liability
  118. 6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE DATA (INCLUDING ENHANCED
  119. DATA) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF
  120. ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
  121. OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
  122. PARTICULAR PURPOSE.
  123. 6.2 NEITHER YOU NOR ANY DATA PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
  124. INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
  125. WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
  126. WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
  127. ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE DATA OR THE EXERCISE
  128. OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
  129. DAMAGES.
  130. Section 7. Miscellaneous
  131. 7.1 You agree that it is solely Your responsibility to comply with all applicable
  132. laws with regard to Your Use or Publication of Data, including any applicable
  133. privacy, data protection, security and export laws. You agree to take reasonable
  134. steps to assist a Data Provider fulfilling responsibilities to comply with
  135. applicable laws with regard to Use or Publication of Data Received hereunder.
  136. 7.2 You and Data Provider(s), collectively and individually, waive and/or
  137. agree not to assert, to the extent permitted by law, any moral rights You
  138. or they hold in Data.
  139. 7.3 This Agreement confers no rights or remedies upon any person or entity
  140. other than the Parties and their respective heirs, executors, successors and
  141. assigns.
  142. 7.4 The Data Provider(s) reserve no right or expectation of privacy, data
  143. protection or confidentiality in any Data that they Publish under this Agreement.
  144. If You choose to Publish Data under this Agreement, You similarly do so with
  145. no reservation or expectation of any rights of privacy or confidentiality
  146. in that Data.
  147. 7.5 The Community Data License Agreement workgroup under The Linux Foundation
  148. is the steward of this Agreement ("Steward"). No one other than the Steward
  149. has the right to modify or publish new versions of this Agreement. Each version
  150. will be given a distinguishing version number. You may Use and Publish Data
  151. Received hereunder under the terms of the version of the Agreement under which
  152. You originally Received the Data, or under the terms of any subsequent version
  153. published by the Steward.
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