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  1. Community Data License Agreement - Sharing - Version 1.0
  2. This is the Community Data License Agreement - Sharing, 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 "Ledger" means a digital record of Data or grants of rights in Data governed
  40. by this Agreement, using any technology having functionality to record and
  41. store Data or grants, contributions, or licenses to Data governed by this
  42. Agreement.
  43. 1.8 "Modify" means to delete, erase, correct or re-arrange Data, resulting
  44. in "Modifications." Modifications do not include Results.
  45. 1.9 "Publish" means to make all or a subset of Data (including Your Enhanced
  46. Data) available in any manner which enables its Use, including by providing
  47. a copy on physical media or remote access. For any form of Entity, that is
  48. to make the Data available to any individual who is not employed by that Entity
  49. or engaged as a contractor or agent to perform work on that Entity's behalf.
  50. A "Publication" occurs each time You Publish Data.
  51. 1.10 "Receive" or "Receives" means to have been given access to Data, locally
  52. or remotely.
  53. 1.11 "Results" means the outcomes or outputs that You obtain from Your Computational
  54. Use of Data. Results shall not include more than a de minimis portion of the
  55. Data on which the Computational Use is based.
  56. 1.12 "Sui Generis Database Rights" means rights, other than copyright, resulting
  57. from Directive 96/9/EC of the European Parliament and of the Council of 11
  58. March 1996 on the legal protection of databases, as amended and/or succeeded,
  59. as well as other equivalent rights anywhere in the world.
  60. 1.13 "Use" means using Data (including accessing, copying, studying, reviewing,
  61. adapting, analyzing, evaluating, or making Computational Use of it), either
  62. by machines or humans, or a combination of both.
  63. 1.14 "You" or "Your" means any Entity that Receives Data under this Agreement.
  64. Section 2. Right and License to Use and to Publish
  65. 2.1 Subject to the conditions set forth in Section 3 of this Agreement, Data
  66. Provider(s) hereby grant(s) to You a worldwide, non-exclusive, irrevocable
  67. (except as provided in Section 5) right to: (a) Use Data; and (b) Publish
  68. Data.
  69. 2.2 To the extent that the Data or the coordination, selection or arrangement
  70. of Data is protected or protectable under copyright, Sui Generis Database
  71. Rights, or other law, Data Provider(s) further agree(s) that such Data or
  72. coordination, selection or arrangement is hereby licensed to You and to anyone
  73. else who Receives Data under this Agreement for Use and Publication, subject
  74. to the conditions set forth in Section 3 of this Agreement.
  75. 2.3 Except for these rights and licenses expressly granted, no other intellectual
  76. property rights are granted or should be implied.
  77. Section 3. Conditions on Rights Granted
  78. 3.1 If You Publish Data You Receive or Enhanced Data:
  79. (a) The Data (including the Enhanced Data) must be Published under this Agreement
  80. in accordance with this Section 3; and
  81. (b) You must cause any Data files containing Enhanced Data to carry prominent
  82. notices that You have changed those files; and
  83. (c) If You Publish Data You Receive, You must preserve all credit or attribution
  84. to the Data Provider(s). Such retained credit or attribution includes any
  85. of the following to the extent they exist in Data as You have Received it:
  86. legal notices or metadata; identification of the Data Provider(s); or hyperlinks
  87. to Data to the extent it is practical to do so.
  88. 3.2 You may not restrict or deter the ability of anyone who Receives the Data
  89. (a) to Publish the Data in a publicly-accessible manner or (b) if the project
  90. has designated a Ledger for recording Data or grants of rights in Data for
  91. purposes of this Agreement, to record the Data or grants of rights in Data
  92. in the Ledger.
  93. 3.3 If You Publish Data You Receive, You must do so under an unmodified form
  94. of this Agreement and include the text of this Agreement, the name of this
  95. Agreement and/or a hyperlink or other method reasonably likely to provide
  96. a copy of the text of this Agreement. You may not modify this Agreement or
  97. impose any further restrictions on the exercise of the rights granted under
  98. this Agreement, including by adding any restriction on commercial or non-commercial
  99. Use of Data (including Your Enhanced Data) or by limiting permitted Use of
  100. such Data to any particular platform, technology or field of endeavor. Notices
  101. that purport to modify this Agreement shall be of no effect.
  102. 3.4 You and each Data Provider agree that Enhanced Data shall not be considered
  103. a work of joint authorship by virtue of its relationship to Data licensed
  104. under this Agreement and shall not require either any obligation of accounting
  105. to or the consent of any Data Provider.
  106. 3.5 This Agreement imposes no obligations or restrictions on Your Use or Publication
  107. of Results.
  108. Section 4. Data Provider(s)' Representations
  109. 4.1 Each Data Provider represents that the Data Provider has exercised reasonable
  110. care, to assure that: (a) the Data it Publishes was created or generated by
  111. it or was obtained from others with the right to Publish the Data under this
  112. Agreement; and (b) Publication of such Data does not violate any privacy or
  113. confidentiality obligation undertaken by the Data Provider.
  114. Section 5. Termination
  115. 5.1 All of Your rights under this Agreement will terminate, and Your right
  116. to Receive, Use or Publish the Data will be revoked or modified if You materially
  117. fail to comply with the terms and conditions of this Agreement and You do
  118. not cure such failure in a reasonable period of time after becoming aware
  119. of such noncompliance. If Your rights under this Agreement terminate, You
  120. agree to cease Receipt, Use and Publication of Data. However, Your obligations
  121. and any rights and permissions granted by You under this Agreement relating
  122. to Data that You Published prior to such termination will continue and survive.
  123. 5.2 If You institute litigation against a Data Provider or anyone else who
  124. Receives the Data (including a cross-claim in a lawsuit) based on the Data,
  125. other than a claim asserting breach of this Agreement, then any rights previously
  126. granted to You to Receive, Use and Publish Data under this Agreement will
  127. terminate as of the date such litigation is filed.
  128. Section 6. Disclaimer of Warranties and Limitation of Liability
  129. 6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE DATA (INCLUDING ENHANCED
  130. DATA) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF
  131. ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
  132. OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
  133. PARTICULAR PURPOSE.
  134. 6.2 NEITHER YOU NOR ANY DATA PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
  135. INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
  136. WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
  137. WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
  138. ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE DATA OR THE EXERCISE
  139. OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
  140. DAMAGES.
  141. Section 7. Miscellaneous
  142. 7.1 You agree that it is solely Your responsibility to comply with all applicable
  143. laws with regard to Your Use or Publication of Data, including any applicable
  144. privacy, data protection, security and export laws. You agree to take reasonable
  145. steps to assist a Data Provider fulfilling responsibilities to comply with
  146. applicable laws with regard to Use or Publication of Data Received hereunder.
  147. 7.2 You and Data Provider(s), collectively and individually, waive and/or
  148. agree not to assert, to the extent permitted by law, any moral rights You
  149. or they hold in Data.
  150. 7.3 This Agreement confers no rights or remedies upon any person or entity
  151. other than the Parties and their respective heirs, executors, successors and
  152. assigns.
  153. 7.4 The Data Provider(s) reserve no right or expectation of privacy, data
  154. protection or confidentiality in any Data that they Publish under this Agreement.
  155. If You choose to Publish Data under this Agreement, You similarly do so with
  156. no reservation or expectation of any rights of privacy or confidentiality
  157. in that Data.
  158. 7.5 The Community Data License Agreement workgroup under The Linux Foundation
  159. is the steward of this Agreement ("Steward"). No one other than the Steward
  160. has the right to modify or publish new versions of this Agreement. Each version
  161. will be given a distinguishing version number. You may Use and Publish Data
  162. Received hereunder under the terms of the version of the Agreement under which
  163. You originally Received the Data, or under the terms of any subsequent version
  164. published by the Steward.
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