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LICENSE
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Open Data Commons - Public Domain Dedication & License (PDDL)
Preamble
The Open Data Commons - Public Domain Dedication & Licence is a document intended
to allow you to freely share, modify, and use this work for any purpose and
without any restrictions. This licence is intended for use on databases or
their contents ("data"), either together or individually.
Many databases are covered by copyright. Some jurisdictions, mainly in Europe,
have specific special rights that cover databases called the "sui generis"
database right. Both of these sets of rights, as well as other legal rights
used to protect databases and data, can create uncertainty or practical difficulty
for those wishing to share databases and their underlying data but retain
a limited amount of rights under a "some rights reserved" approach to licensing
as outlined in the Science Commons Protocol for Implementing Open Access Data.
As a result, this waiver and licence tries to the fullest extent possible
to eliminate or fully license any rights that cover this database and data.
Any Community Norms or similar statements of use of the database or data do
not form a part of this document, and do not act as a contract for access
or other terms of use for the database or data.
The position of the recipient of the work
Because this document places the database and its contents in or as close
as possible within the public domain, there are no restrictions or requirements
placed on the recipient by this document. Recipients may use this work commercially,
use technical protection measures, combine this data or database with other
databases or data, and share their changes and additions or keep them secret.
It is not a requirement that recipients provide further users with a copy
of this licence or attribute the original creator of the data or database
as a source. The goal is to eliminate restrictions held by the original creator
of the data and database on the use of it by others.
The position of the dedicator of the work
Copyright law, as with most other law under the banner of "intellectual property",
is inherently national law. This means that there exists several differences
in how copyright and other IP rights can be relinquished, waived or licensed
in the many legal jurisdictions of the world. This is despite much harmonisation
of minimum levels of protection. The internet and other communication technologies
span these many disparate legal jurisdictions and thus pose special difficulties
for a document relinquishing and waiving intellectual property rights, including
copyright and database rights, for use by the global community. Because of
this feature of intellectual property law, this document first relinquishes
the rights and waives the relevant rights and claims. It then goes on to license
these same rights for jurisdictions or areas of law that may make it difficult
to relinquish or waive rights or claims.
The purpose of this document is to enable rightsholders to place their work
into the public domain. Unlike licences for free and open source software,
free cultural works, or open content licences, rightsholders will not be able
to "dual license" their work by releasing the same work under different licences.
This is because they have allowed anyone to use the work in whatever way they
choose. Rightsholders therefore can't re-license it under copyright or database
rights on different terms because they have nothing left to license. Doing
so creates truly accessible data to build rich applications and advance the
progress of science and the arts.
This document can cover either or both of the database and its contents (the
data). Because databases can have a wide variety of content - not just factual
data - rightsholders should use the Open Data Commons - Public Domain Dedication
& Licence for an entire database and its contents only if everything can be
placed under the terms of this document. Because even factual data can sometimes
have intellectual property rights, rightsholders should use this licence to
cover both the database and its factual data when making material available
under this document; even if it is likely that the data would not be covered
by copyright or database rights.
Rightsholders can also use this document to cover any copyright or database
rights claims over only a database, and leave the contents to be covered by
other licences or documents. They can do this because this document refers
to the "Work", which can be either - or both - the database and its contents.
As a result, rightsholders need to clearly state what they are dedicating
under this document when they dedicate it.
Just like any licence or other document dealing with intellectual property,
rightsholders should be aware that one can only license what one owns. Please
ensure that the rights have been cleared to make this material available under
this document.
This document permanently and irrevocably makes the Work available to the
public for any use of any kind, and it should not be used unless the rightsholder
is prepared for this to happen.
Part I: Introduction
The Rightsholder (the Person holding rights or claims over the Work) agrees
as follows:
1.0 Definitions of Capitalised Words
"Copyright" - Includes rights under copyright and under neighbouring rights
and similarly related sets of rights under the law of the relevant jurisdiction
under Section 6.4.
"Data" - The contents of the Database, which includes the information, independent
works, or other material collected into the Database offered under the terms
of this Document.
"Database" - A collection of Data arranged in a systematic or methodical way
and individually accessible by electronic or other means offered under the
terms of this Document.
"Database Right" - Means rights over Data resulting from the Chapter III ("sui
generis") rights in the Database Directive (Directive 96/9/EC of the European
Parliament and of the Council of 11 March 1996 on the legal protection of
databases) and any future updates as well as any similar rights available
in the relevant jurisdiction under Section 6.4.
"Document" - means this relinquishment and waiver of rights and claims and
back up licence agreement.
"Person" - Means a natural or legal person or a body of persons corporate
or incorporate.
"Use" - As a verb, means doing any act that is restricted by Copyright or
Database Rights whether in the original medium or any other; and includes
modifying the Work as may be technically necessary to use it in a different
mode or format. This includes the right to sublicense the Work.
"Work" - Means either or both of the Database and Data offered under the terms
of this Document.
"You" - the Person acquiring rights under the licence elements of this Document.
Words in the singular include the plural and vice versa.
2.0 What this document covers
2.1. Legal effect of this Document. This Document is:
a. A dedication to the public domain and waiver of Copyright and Database
Rights over the Work; and
b. A licence of Copyright and Database Rights over the Work in jurisdictions
that do not allow for relinquishment or waiver.
2.2. Legal rights covered.
a. Copyright. Any copyright or neighbouring rights in the Work. Copyright
law varies between jurisdictions, but is likely to cover: the Database model
or schema, which is the structure, arrangement, and organisation of the Database,
and can also include the Database tables and table indexes; the data entry
and output sheets; and the Field names of Data stored in the Database. Copyright
may also cover the Data depending on the jurisdiction and type of Data; and
b. Database Rights. Database Rights only extend to the extraction and re-utilisation
of the whole or a substantial part of the Data. Database Rights can apply
even when there is no copyright over the Database. Database Rights can also
apply when the Data is removed from the Database and is selected and arranged
in a way that would not infringe any applicable copyright.
2.2 Rights not covered.
a. This Document does not apply to computer programs used in the making or
operation of the Database;
b. This Document does not cover any patents over the Data or the Database.
Please see Section 4.2 later in this Document for further details; and
c. This Document does not cover any trade marks associated with the Database.
Please see Section 4.3 later in this Document for further details.
Users of this Database are cautioned that they may have to clear other rights
or consult other licences.
2.3 Facts are free. The Rightsholder takes the position that factual information
is not covered by Copyright. This Document however covers the Work in jurisdictions
that may protect the factual information in the Work by Copyright, and to
cover any information protected by Copyright that is contained in the Work.
Part II: Dedication to the public domain
3.0 Dedication, waiver, and licence of Copyright and Database Rights
3.1 Dedication of Copyright and Database Rights to the public domain. The
Rightsholder by using this Document, dedicates the Work to the public domain
for the benefit of the public and relinquishes all rights in Copyright and
Database Rights over the Work.
a. The Rightsholder realises that once these rights are relinquished, that
the Rightsholder has no further rights in Copyright and Database Rights over
the Work, and that the Work is free and open for others to Use.
b. The Rightsholder intends for their relinquishment to cover all present
and future rights in the Work under Copyright and Database Rights, whether
they are vested or contingent rights, and that this relinquishment of rights
covers all their heirs and successors.
The above relinquishment of rights applies worldwide and includes media and
formats now known or created in the future.
3.2 Waiver of rights and claims in Copyright and Database Rights when Section
3.1 dedication inapplicable. If the dedication in Section 3.1 does not apply
in the relevant jurisdiction under Section 6.4, the Rightsholder waives any
rights and claims that the Rightsholder may have or acquire in the future
over the Work in:
a. Copyright; and
b. Database Rights.
To the extent possible in the relevant jurisdiction, the above waiver of rights
and claims applies worldwide and includes media and formats now known or created
in the future. The Rightsholder agrees not to assert the above rights and
waives the right to enforce them over the Work.
3.3 Licence of Copyright and Database Rights when Sections 3.1 and 3.2 inapplicable.
If the dedication and waiver in Sections 3.1 and 3.2 does not apply in the
relevant jurisdiction under Section 6.4, the Rightsholder and You agree as
follows:
a. The Licensor grants to You a worldwide, royalty-free, non-exclusive, licence
to Use the Work for the duration of any applicable Copyright and Database
Rights. These rights explicitly include commercial use, and do not exclude
any field of endeavour. To the extent possible in the relevant jurisdiction,
these rights may be exercised in all media and formats whether now known or
created in the future.
3.4 Moral rights. This section covers moral rights, including the right to
be identified as the author of the Work or to object to treatment that would
otherwise prejudice the author's honour and reputation, or any other derogatory
treatment:
a. For jurisdictions allowing waiver of moral rights, Licensor waives all
moral rights that Licensor may have in the Work to the fullest extent possible
by the law of the relevant jurisdiction under Section 6.4;
b. If waiver of moral rights under Section 3.4 a in the relevant jurisdiction
is not possible, Licensor agrees not to assert any moral rights over the Work
and waives all claims in moral rights to the fullest extent possible by the
law of the relevant jurisdiction under Section 6.4; and
c. For jurisdictions not allowing waiver or an agreement not to assert moral
rights under Section 3.4 a and b, the author may retain their moral rights
over the copyrighted aspects of the Work.
Please note that some jurisdictions do not allow for the waiver of moral rights,
and so moral rights may still subsist over the work in some jurisdictions.
4.0 Relationship to other rights
4.1 No other contractual conditions. The Rightsholder makes this Work available
to You without any other contractual obligations, either express or implied.
Any Community Norms statement associated with the Work is not a contract and
does not form part of this Document.
4.2 Relationship to patents. This Document does not grant You a licence for
any patents that the Rightsholder may own. Users of this Database are cautioned
that they may have to clear other rights or consult other licences.
4.3 Relationship to trade marks. This Document does not grant You a licence
for any trade marks that the Rightsholder may own or that the Rightsholder
may use to cover the Work. Users of this Database are cautioned that they
may have to clear other rights or consult other licences.
Part III: General provisions
5.0 Warranties, disclaimer, and limitation of liability
5.1 The Work is provided by the Rightsholder "as is" and without any warranty
of any kind, either express or implied, whether of title, of accuracy or completeness,
of the presence of absence of errors, of fitness for purpose, or otherwise.
Some jurisdictions do not allow the exclusion of implied warranties, so this
exclusion may not apply to You.
5.2 Subject to any liability that may not be excluded or limited by law, the
Rightsholder is not liable for, and expressly excludes, all liability for
loss or damage however and whenever caused to anyone by any use under this
Document, whether by You or by anyone else, and whether caused by any fault
on the part of the Rightsholder or not. This exclusion of liability includes,
but is not limited to, any special, incidental, consequential, punitive, or
exemplary damages. This exclusion applies even if the Rightsholder has been
advised of the possibility of such damages.
5.3 If liability may not be excluded by law, it is limited to actual and direct
financial loss to the extent it is caused by proved negligence on the part
of the Rightsholder.
6.0 General
6.1 If any provision of this Document is held to be invalid or unenforceable,
that must not affect the cvalidity or enforceability of the remainder of the
terms of this Document.
6.2 This Document is the entire agreement between the parties with respect
to the Work covered here. It replaces any earlier understandings, agreements
or representations with respect to the Work not specified here.
6.3 This Document does not affect any rights that You or anyone else may independently
have under any applicable law to make any use of this Work, including (for
jurisdictions where this Document is a licence) fair dealing, fair use, database
exceptions, or any other legally recognised limitation or exception to infringement
of copyright or other applicable laws.
6.4 This Document takes effect in the relevant jurisdiction in which the Document
terms are sought to be enforced. If the rights waived or granted under applicable
law in the relevant jurisdiction includes additional rights not waived or
granted under this Document, these additional rights are included in this
Document in order to meet the intent of this Document.

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