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- Community Data License Agreement - Sharing - Version 1.0
-
- This is the Community Data License Agreement - Sharing, Version 1.0 ("Agreement").
- Data is provided to You under this Agreement by each of the Data Providers.
- Your exercise of any of the rights and permissions granted below constitutes
- Your acceptance and agreement to be bound by the terms and conditions of this
- Agreement.
-
- The benefits that each Data Provider receives from making Data available and
- that You receive from Data or otherwise under these terms and conditions shall
- be deemed sufficient consideration for the formation of this Agreement. Accordingly,
- Data Provider(s) and You (the "Parties") agree as follows:
-
- Section 1. Definitions
-
- 1.1 "Add" means to supplement Data with Your own or someone else's Data, resulting
- in Your "Additions." Additions do not include Results.
-
- 1.2 "Computational Use" means Your analysis (through the use of computational
- devices or otherwise) or other interpretation of Data. By way of example and
- not limitation, "Computational Use" includes the application of any computational
- analytical technique, the purpose of which is the analysis of any Data in
- digital form to generate information about Data such as patterns, trends,
- correlations, inferences, insights and attributes.
-
- 1.3 "Data" means the information (including copyrightable information, such
- as images or text), collectively or individually, whether created or gathered
- by a Data Provider or an Entity acting on its behalf, to which rights are
- granted under this Agreement.
-
- 1.4 "Data Provider" means any Entity (including any employee or contractor
- of such Entity authorized to Publish Data on behalf of such Entity) that Publishes
- Data under this Agreement prior to Your Receiving it.
-
- 1.5 "Enhanced Data" means the subset of Data that You Publish and that is
- composed of (a) Your Additions and/or (b) Modifications to Data You have received
- under this Agreement.
-
- 1.6 "Entity" means any natural person or organization that exists under the
- laws of the jurisdiction in which it is organized, together with all other
- entities that control, are controlled by, or are under common control with
- that entity. For the purposes of this definition, "control" means (a) the
- power, directly or indirectly, to cause the direction or management of such
- entity, whether by contract or otherwise, (b) the ownership of more than fifty
- percent (50%) of the outstanding shares or securities, (c) the beneficial
- ownership of such entity or, (d) the ability to appoint, whether by agreement
- or right, the majority of directors of an Entity.
-
- 1.7 "Ledger" means a digital record of Data or grants of rights in Data governed
- by this Agreement, using any technology having functionality to record and
- store Data or grants, contributions, or licenses to Data governed by this
- Agreement.
-
- 1.8 "Modify" means to delete, erase, correct or re-arrange Data, resulting
- in "Modifications." Modifications do not include Results.
-
- 1.9 "Publish" means to make all or a subset of Data (including Your Enhanced
- Data) available in any manner which enables its Use, including by providing
- a copy on physical media or remote access. For any form of Entity, that is
- to make the Data available to any individual who is not employed by that Entity
- or engaged as a contractor or agent to perform work on that Entity's behalf.
- A "Publication" occurs each time You Publish Data.
-
- 1.10 "Receive" or "Receives" means to have been given access to Data, locally
- or remotely.
-
- 1.11 "Results" means the outcomes or outputs that You obtain from Your Computational
- Use of Data. Results shall not include more than a de minimis portion of the
- Data on which the Computational Use is based.
-
- 1.12 "Sui Generis Database Rights" means rights, other than copyright, resulting
- from Directive 96/9/EC of the European Parliament and of the Council of 11
- March 1996 on the legal protection of databases, as amended and/or succeeded,
- as well as other equivalent rights anywhere in the world.
-
- 1.13 "Use" means using Data (including accessing, copying, studying, reviewing,
- adapting, analyzing, evaluating, or making Computational Use of it), either
- by machines or humans, or a combination of both.
-
- 1.14 "You" or "Your" means any Entity that Receives Data under this Agreement.
-
- Section 2. Right and License to Use and to Publish
-
- 2.1 Subject to the conditions set forth in Section 3 of this Agreement, Data
- Provider(s) hereby grant(s) to You a worldwide, non-exclusive, irrevocable
- (except as provided in Section 5) right to: (a) Use Data; and (b) Publish
- Data.
-
- 2.2 To the extent that the Data or the coordination, selection or arrangement
- of Data is protected or protectable under copyright, Sui Generis Database
- Rights, or other law, Data Provider(s) further agree(s) that such Data or
- coordination, selection or arrangement is hereby licensed to You and to anyone
- else who Receives Data under this Agreement for Use and Publication, subject
- to the conditions set forth in Section 3 of this Agreement.
-
- 2.3 Except for these rights and licenses expressly granted, no other intellectual
- property rights are granted or should be implied.
-
- Section 3. Conditions on Rights Granted
-
- 3.1 If You Publish Data You Receive or Enhanced Data:
-
- (a) The Data (including the Enhanced Data) must be Published under this Agreement
- in accordance with this Section 3; and
-
- (b) You must cause any Data files containing Enhanced Data to carry prominent
- notices that You have changed those files; and
-
- (c) If You Publish Data You Receive, You must preserve all credit or attribution
- to the Data Provider(s). Such retained credit or attribution includes any
- of the following to the extent they exist in Data as You have Received it:
- legal notices or metadata; identification of the Data Provider(s); or hyperlinks
- to Data to the extent it is practical to do so.
-
- 3.2 You may not restrict or deter the ability of anyone who Receives the Data
- (a) to Publish the Data in a publicly-accessible manner or (b) if the project
- has designated a Ledger for recording Data or grants of rights in Data for
- purposes of this Agreement, to record the Data or grants of rights in Data
- in the Ledger.
-
- 3.3 If You Publish Data You Receive, You must do so under an unmodified form
- of this Agreement and include the text of this Agreement, the name of this
- Agreement and/or a hyperlink or other method reasonably likely to provide
- a copy of the text of this Agreement. You may not modify this Agreement or
- impose any further restrictions on the exercise of the rights granted under
- this Agreement, including by adding any restriction on commercial or non-commercial
- Use of Data (including Your Enhanced Data) or by limiting permitted Use of
- such Data to any particular platform, technology or field of endeavor. Notices
- that purport to modify this Agreement shall be of no effect.
-
- 3.4 You and each Data Provider agree that Enhanced Data shall not be considered
- a work of joint authorship by virtue of its relationship to Data licensed
- under this Agreement and shall not require either any obligation of accounting
- to or the consent of any Data Provider.
-
- 3.5 This Agreement imposes no obligations or restrictions on Your Use or Publication
- of Results.
-
- Section 4. Data Provider(s)' Representations
-
- 4.1 Each Data Provider represents that the Data Provider has exercised reasonable
- care, to assure that: (a) the Data it Publishes was created or generated by
- it or was obtained from others with the right to Publish the Data under this
- Agreement; and (b) Publication of such Data does not violate any privacy or
- confidentiality obligation undertaken by the Data Provider.
-
- Section 5. Termination
-
- 5.1 All of Your rights under this Agreement will terminate, and Your right
- to Receive, Use or Publish the Data will be revoked or modified if You materially
- fail to comply with the terms and conditions of this Agreement and You do
- not cure such failure in a reasonable period of time after becoming aware
- of such noncompliance. If Your rights under this Agreement terminate, You
- agree to cease Receipt, Use and Publication of Data. However, Your obligations
- and any rights and permissions granted by You under this Agreement relating
- to Data that You Published prior to such termination will continue and survive.
-
- 5.2 If You institute litigation against a Data Provider or anyone else who
- Receives the Data (including a cross-claim in a lawsuit) based on the Data,
- other than a claim asserting breach of this Agreement, then any rights previously
- granted to You to Receive, Use and Publish Data under this Agreement will
- terminate as of the date such litigation is filed.
-
- Section 6. Disclaimer of Warranties and Limitation of Liability
-
- 6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE DATA (INCLUDING ENHANCED
- DATA) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF
- ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
- OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
- PARTICULAR PURPOSE.
-
- 6.2 NEITHER YOU NOR ANY DATA PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
- INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
- WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
- WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
- ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE DATA OR THE EXERCISE
- OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
- DAMAGES.
-
- Section 7. Miscellaneous
-
- 7.1 You agree that it is solely Your responsibility to comply with all applicable
- laws with regard to Your Use or Publication of Data, including any applicable
- privacy, data protection, security and export laws. You agree to take reasonable
- steps to assist a Data Provider fulfilling responsibilities to comply with
- applicable laws with regard to Use or Publication of Data Received hereunder.
-
- 7.2 You and Data Provider(s), collectively and individually, waive and/or
- agree not to assert, to the extent permitted by law, any moral rights You
- or they hold in Data.
-
- 7.3 This Agreement confers no rights or remedies upon any person or entity
- other than the Parties and their respective heirs, executors, successors and
- assigns.
-
- 7.4 The Data Provider(s) reserve no right or expectation of privacy, data
- protection or confidentiality in any Data that they Publish under this Agreement.
- If You choose to Publish Data under this Agreement, You similarly do so with
- no reservation or expectation of any rights of privacy or confidentiality
- in that Data.
-
- 7.5 The Community Data License Agreement workgroup under The Linux Foundation
- is the steward of this Agreement ("Steward"). No one other than the Steward
- has the right to modify or publish new versions of this Agreement. Each version
- will be given a distinguishing version number. You may Use and Publish Data
- Received hereunder under the terms of the version of the Agreement under which
- You originally Received the Data, or under the terms of any subsequent version
- published by the Steward.
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