github.com/apache/skywalking-eyes@v0.6.0/assets/lcs-templates/ODbL-1.0.txt (about)

     1  ## Open Data Commons Open Database License (ODbL)
     2  
     3  ### Preamble
     4  
     5  The Open Database License (ODbL) is a license agreement intended to
     6  allow users to freely share, modify, and use this Database while
     7  maintaining this same freedom for others. Many databases are covered by
     8  copyright, and therefore this document licenses these rights. Some
     9  jurisdictions, mainly in the European Union, have specific rights that
    10  cover databases, and so the ODbL addresses these rights, too. Finally,
    11  the ODbL is also an agreement in contract for users of this Database to
    12  act in certain ways in return for accessing this Database.
    13  
    14  Databases can contain a wide variety of types of content (images,
    15  audiovisual material, and sounds all in the same database, for example),
    16  and so the ODbL only governs the rights over the Database, and not the
    17  contents of the Database individually. Licensors should use the ODbL
    18  together with another license for the contents, if the contents have a
    19  single set of rights that uniformly covers all of the contents. If the
    20  contents have multiple sets of different rights, Licensors should
    21  describe what rights govern what contents together in the individual
    22  record or in some other way that clarifies what rights apply.
    23  
    24  Sometimes the contents of a database, or the database itself, can be
    25  covered by other rights not addressed here (such as private contracts,
    26  trade mark over the name, or privacy rights / data protection rights
    27  over information in the contents), and so you are advised that you may
    28  have to consult other documents or clear other rights before doing
    29  activities not covered by this License.
    30  
    31  ------
    32  
    33  The Licensor (as defined below)
    34  
    35  and
    36  
    37  You (as defined below)
    38  
    39  agree as follows:
    40  
    41  ### 1.0 Definitions of Capitalised Words
    42  
    43  "Collective Database" – Means this Database in unmodified form as part
    44  of a collection of independent databases in themselves that together are
    45  assembled into a collective whole. A work that constitutes a Collective
    46  Database will not be considered a Derivative Database.
    47  
    48  "Convey" – As a verb, means Using the Database, a Derivative Database,
    49  or the Database as part of a Collective Database in any way that enables
    50  a Person to make or receive copies of the Database or a Derivative
    51  Database.  Conveying does not include interaction with a user through a
    52  computer network, or creating and Using a Produced Work, where no
    53  transfer of a copy of the Database or a Derivative Database occurs.
    54  "Contents" – The contents of this Database, which includes the
    55  information, independent works, or other material collected into the
    56  Database. For example, the contents of the Database could be factual
    57  data or works such as images, audiovisual material, text, or sounds.
    58  
    59  "Database" – A collection of material (the Contents) arranged in a
    60  systematic or methodical way and individually accessible by electronic
    61  or other means offered under the terms of this License.
    62  
    63  "Database Directive" – Means Directive 96/9/EC of the European
    64  Parliament and of the Council of 11 March 1996 on the legal protection
    65  of databases, as amended or succeeded.
    66  
    67  "Database Right" – Means rights resulting from the Chapter III ("sui
    68  generis") rights in the Database Directive (as amended and as transposed
    69  by member states), which includes the Extraction and Re-utilisation of
    70  the whole or a Substantial part of the Contents, as well as any similar
    71  rights available in the relevant jurisdiction under Section 10.4.
    72  
    73  "Derivative Database" – Means a database based upon the Database, and
    74  includes any translation, adaptation, arrangement, modification, or any
    75  other alteration of the Database or of a Substantial part of the
    76  Contents. This includes, but is not limited to, Extracting or
    77  Re-utilising the whole or a Substantial part of the Contents in a new
    78  Database.
    79  
    80  "Extraction" – Means the permanent or temporary transfer of all or a
    81  Substantial part of the Contents to another medium by any means or in
    82  any form.
    83  
    84  "License" – Means this license agreement and is both a license of rights
    85  such as copyright and Database Rights and an agreement in contract.
    86  
    87  "Licensor" – Means the Person that offers the Database under the terms
    88  of this License.
    89  
    90  "Person" – Means a natural or legal person or a body of persons
    91  corporate or incorporate.
    92  
    93  "Produced Work" –  a work (such as an image, audiovisual material, text,
    94  or sounds) resulting from using the whole or a Substantial part of the
    95  Contents (via a search or other query) from this Database, a Derivative
    96  Database, or this Database as part of a Collective Database.
    97  
    98  "Publicly" – means to Persons other than You or under Your control by
    99  either more than 50% ownership or by the power to direct their
   100  activities (such as contracting with an independent consultant).
   101  
   102  "Re-utilisation" – means any form of making available to the public all
   103  or a Substantial part of the Contents by the distribution of copies, by
   104  renting, by online or other forms of transmission.
   105  
   106  "Substantial" – Means substantial in terms of quantity or quality or a
   107  combination of both. The repeated and systematic Extraction or
   108  Re-utilisation of insubstantial parts of the Contents may amount to the
   109  Extraction or Re-utilisation of a Substantial part of the Contents.
   110  
   111  "Use" – As a verb, means doing any act that is restricted by copyright
   112  or Database Rights whether in the original medium or any other; and
   113  includes without limitation distributing, copying, publicly performing,
   114  publicly displaying, and preparing derivative works of the Database, as
   115  well as modifying the Database as may be technically necessary to use it
   116  in a different mode or format.
   117  
   118  "You" – Means a Person exercising rights under this License who has not
   119  previously violated the terms of this License with respect to the
   120  Database, or who has received express permission from the Licensor to
   121  exercise rights under this License despite a previous violation.
   122  
   123  Words in the singular include the plural and vice versa.
   124  
   125  ### 2.0 What this License covers
   126  
   127  2.1. Legal effect of this document. This License is:
   128  
   129    a. A license of applicable copyright and neighbouring rights;
   130  
   131    b. A license of the Database Right; and
   132  
   133    c. An agreement in contract between You and the Licensor.
   134  
   135  2.2 Legal rights covered. This License covers the legal rights in the
   136  Database, including:
   137  
   138    a. Copyright. Any copyright or neighbouring rights in the Database.
   139    The copyright licensed includes any individual elements of the
   140    Database, but does not cover the copyright over the Contents
   141    independent of this Database. See Section 2.4 for details. Copyright
   142    law varies between jurisdictions, but is likely to cover: the Database
   143    model or schema, which is the structure, arrangement, and organisation
   144    of the Database, and can also include the Database tables and table
   145    indexes; the data entry and output sheets; and the Field names of
   146    Contents stored in the Database;
   147  
   148    b. Database Rights. Database Rights only extend to the Extraction and
   149    Re-utilisation of the whole or a Substantial part of the Contents.
   150    Database Rights can apply even when there is no copyright over the
   151    Database. Database Rights can also apply when the Contents are removed
   152    from the Database and are selected and arranged in a way that would
   153    not infringe any applicable copyright; and
   154  
   155    c. Contract. This is an agreement between You and the Licensor for
   156    access to the Database. In return you agree to certain conditions of
   157    use on this access as outlined in this License.
   158  
   159  2.3 Rights not covered.
   160  
   161    a. This License does not apply to computer programs used in the making
   162    or operation of the Database;
   163  
   164    b. This License does not cover any patents over the Contents or the
   165    Database; and
   166  
   167    c. This License does not cover any trademarks associated with the
   168    Database.
   169  
   170  2.4 Relationship to Contents in the Database. The individual items of
   171  the Contents contained in this Database may be covered by other rights,
   172  including copyright, patent, data protection, privacy, or personality
   173  rights, and this License does not cover any rights (other than Database
   174  Rights or in contract) in individual Contents contained in the Database.
   175  For example, if used on a Database of images (the Contents), this
   176  License would not apply to copyright over individual images, which could
   177  have their own separate licenses, or one single license covering all of
   178  the rights over the images.
   179  
   180  ### 3.0 Rights granted
   181  
   182  3.1 Subject to the terms and conditions of this License, the Licensor
   183  grants to You a worldwide, royalty-free, non-exclusive, terminable (but
   184  only under Section 9) license to Use the Database for the duration of
   185  any applicable copyright and Database Rights. These rights explicitly
   186  include commercial use, and do not exclude any field of endeavour. To
   187  the extent possible in the relevant jurisdiction, these rights may be
   188  exercised in all media and formats whether now known or created in the
   189  future.
   190  
   191  The rights granted cover, for example:
   192  
   193    a. Extraction and Re-utilisation of the whole or a Substantial part of
   194    the Contents;
   195  
   196    b. Creation of Derivative Databases;
   197  
   198    c. Creation of Collective Databases;
   199  
   200    d. Creation of temporary or permanent reproductions by any means and
   201    in any form, in whole or in part, including of any Derivative
   202    Databases or as a part of Collective Databases; and
   203  
   204    e. Distribution, communication, display, lending, making available, or
   205    performance to the public by any means and in any form, in whole or in
   206    part, including of any Derivative Database or as a part of Collective
   207    Databases.
   208  
   209  3.2 Compulsory license schemes. For the avoidance of doubt:
   210  
   211    a. Non-waivable compulsory license schemes. In those jurisdictions in
   212    which the right to collect royalties through any statutory or
   213    compulsory licensing scheme cannot be waived, the Licensor reserves
   214    the exclusive right to collect such royalties for any exercise by You
   215    of the rights granted under this License;
   216  
   217    b. Waivable compulsory license schemes. In those jurisdictions in
   218    which the right to collect royalties through any statutory or
   219    compulsory licensing scheme can be waived, the Licensor waives the
   220    exclusive right to collect such royalties for any exercise by You of
   221    the rights granted under this License; and,
   222  
   223    c. Voluntary license schemes. The Licensor waives the right to collect
   224    royalties, whether individually or, in the event that the Licensor is
   225    a member of a collecting society that administers voluntary licensing
   226    schemes, via that society, from any exercise by You of the rights
   227    granted under this License.
   228  
   229  3.3 The right to release the Database under different terms, or to stop
   230  distributing or making available the Database, is reserved. Note that
   231  this Database may be multiple-licensed, and so You may have the choice
   232  of using alternative licenses for this Database. Subject to Section
   233  10.4, all other rights not expressly granted by Licensor are reserved.
   234  
   235  ### 4.0 Conditions of Use
   236  
   237  4.1 The rights granted in Section 3 above are expressly made subject to
   238  Your complying with the following conditions of use. These are important
   239  conditions of this License, and if You fail to follow them, You will be
   240  in material breach of its terms.
   241  
   242  4.2 Notices. If You Publicly Convey this Database, any Derivative
   243  Database, or the Database as part of a Collective Database, then You
   244  must:
   245  
   246    a. Do so only under the terms of this License or another license
   247    permitted under Section 4.4;
   248  
   249    b. Include a copy of this License (or, as applicable, a license
   250    permitted under Section 4.4) or its Uniform Resource Identifier (URI)
   251    with the Database or Derivative Database, including both in the
   252    Database or Derivative Database and in any relevant documentation; and
   253  
   254    c. Keep intact any copyright or Database Right notices and notices
   255    that refer to this License.
   256  
   257    d. If it is not possible to put the required notices in a particular
   258    file due to its structure, then You must include the notices in a
   259    location (such as a relevant directory) where users would be likely to
   260    look for it.
   261  
   262  4.3 Notice for using output (Contents). Creating and Using a Produced
   263  Work does not require the notice in Section 4.2. However, if you
   264  Publicly Use a Produced Work, You must include a notice associated with
   265  the Produced Work reasonably calculated to make any Person that uses,
   266  views, accesses, interacts with, or is otherwise exposed to the Produced
   267  Work aware that Content was obtained from the Database, Derivative
   268  Database, or the Database as part of a Collective Database, and that it
   269  is available under this License.
   270  
   271    a. Example notice. The following text will satisfy notice under
   272    Section 4.3:
   273  
   274          Contains information from DATABASE NAME, which is made available
   275          here under the Open Database License (ODbL).
   276  
   277  DATABASE NAME should be replaced with the name of the Database and a
   278  hyperlink to the URI of the Database. "Open Database License" should
   279  contain a hyperlink to the URI of the text of this License. If
   280  hyperlinks are not possible, You should include the plain text of the
   281  required URI's with the above notice.
   282  
   283  4.4 Share alike.
   284  
   285    a. Any Derivative Database that You Publicly Use must be only under
   286    the terms of:
   287  
   288      i. This License;
   289  
   290      ii. A later version of this License similar in spirit to this
   291        License; or
   292  
   293      iii. A compatible license.
   294  
   295    If You license the Derivative Database under one of the licenses
   296    mentioned in (iii), You must comply with the terms of that license.
   297  
   298    b. For the avoidance of doubt, Extraction or Re-utilisation of the
   299    whole or a Substantial part of the Contents into a new database is a
   300    Derivative Database and must comply with Section 4.4.
   301  
   302    c. Derivative Databases and Produced Works.  A Derivative Database is
   303    Publicly Used and so must comply with Section 4.4. if a Produced Work
   304    created from the Derivative Database is Publicly Used.
   305  
   306    d. Share Alike and additional Contents. For the avoidance of doubt,
   307    You must not add Contents to Derivative Databases under Section 4.4 a
   308    that are incompatible with the rights granted under this License.
   309  
   310    e. Compatible licenses. Licensors may authorise a proxy to determine
   311    compatible licenses under Section 4.4 a iii. If they do so, the
   312    authorised proxy's public statement of acceptance of a compatible
   313    license grants You permission to use the compatible license.
   314  
   315  
   316  4.5 Limits of Share Alike.  The requirements of Section 4.4 do not apply
   317  in the following:
   318  
   319    a. For the avoidance of doubt, You are not required to license
   320    Collective Databases under this License if You incorporate this
   321    Database or a Derivative Database in the collection, but this License
   322    still applies to this Database or a Derivative Database as a part of
   323    the Collective Database;
   324  
   325    b. Using this Database, a Derivative Database, or this Database as
   326    part of a Collective Database to create a Produced Work does not
   327    create a Derivative Database for purposes of  Section 4.4; and
   328  
   329    c. Use of a Derivative Database internally within an organisation is
   330    not to the public and therefore does not fall under the requirements
   331    of Section 4.4.
   332  
   333  4.6 Access to Derivative Databases. If You Publicly Use a Derivative
   334  Database or a Produced Work from a Derivative Database, You must also
   335  offer to recipients of the Derivative Database or Produced Work a copy
   336  in a machine readable form of:
   337  
   338    a. The entire Derivative Database; or
   339  
   340    b. A file containing all of the alterations made to the Database or
   341    the method of making the alterations to the Database (such as an
   342    algorithm), including any additional Contents, that make up all the
   343    differences between the Database and the Derivative Database.
   344  
   345  The Derivative Database (under a.) or alteration file (under b.) must be
   346  available at no more than a reasonable production cost for physical
   347  distributions and free of charge if distributed over the internet.
   348  
   349  4.7 Technological measures and additional terms
   350  
   351    a. This License does not allow You to impose (except subject to
   352    Section 4.7 b.)  any terms or any technological measures on the
   353    Database, a Derivative Database, or the whole or a Substantial part of
   354    the Contents that alter or restrict the terms of this License, or any
   355    rights granted under it, or have the effect or intent of restricting
   356    the ability of any person to exercise those rights.
   357  
   358    b. Parallel distribution. You may impose terms or technological
   359    measures on the Database, a Derivative Database, or the whole or a
   360    Substantial part of the Contents (a "Restricted Database") in
   361    contravention of Section 4.74 a. only if You also make a copy of the
   362    Database or a Derivative Database available to the recipient of the
   363    Restricted Database:
   364  
   365      i. That is available without additional fee;
   366  
   367      ii. That is available in a medium that does not alter or restrict
   368      the terms of this License, or any rights granted under it, or have
   369      the effect or intent of restricting the ability of any person to
   370      exercise those rights (an "Unrestricted Database"); and
   371  
   372      iii. The Unrestricted Database is at least as accessible to the
   373      recipient as a practical matter as the Restricted Database.
   374  
   375    c. For the avoidance of doubt, You may place this Database or a
   376    Derivative Database in an authenticated environment, behind a
   377    password, or within a similar access control scheme provided that You
   378    do not alter or restrict the terms of this License or any rights
   379    granted under it or have the effect or intent of restricting the
   380    ability of any person to exercise those rights.
   381  
   382  4.8 Licensing of others. You may not sublicense the Database. Each time
   383  You communicate the Database, the whole or Substantial part of the
   384  Contents, or any Derivative Database to anyone else in any way, the
   385  Licensor offers to the recipient a license to the Database on the same
   386  terms and conditions as this License. You are not responsible for
   387  enforcing compliance by third parties with this License, but You may
   388  enforce any rights that You have over a Derivative Database. You are
   389  solely responsible for any modifications of a Derivative Database made
   390  by You or another Person at Your direction. You may not impose any
   391  further restrictions on the exercise of the rights granted or affirmed
   392  under this License.
   393  
   394  ### 5.0 Moral rights
   395  
   396  5.1 Moral rights. This section covers moral rights, including any rights
   397  to be identified as the author of the Database or to object to treatment
   398  that would otherwise prejudice the author's honour and reputation, or
   399  any other derogatory treatment:
   400  
   401    a. For jurisdictions allowing waiver of moral rights, Licensor waives
   402    all moral rights that Licensor may have in the Database to the fullest
   403    extent possible by the law of the relevant jurisdiction under Section
   404    10.4;
   405  
   406    b. If waiver of moral rights under Section 5.1 a in the relevant
   407    jurisdiction is not possible, Licensor agrees not to assert any moral
   408    rights over the Database and waives all claims in moral rights to the
   409    fullest extent possible by the law of the relevant jurisdiction under
   410    Section 10.4; and
   411  
   412    c. For jurisdictions not allowing waiver or an agreement not to assert
   413    moral rights under Section 5.1 a and b, the author may retain their
   414    moral rights over certain aspects of the Database.
   415  
   416  Please note that some jurisdictions do not allow for the waiver of moral
   417  rights, and so moral rights may still subsist over the Database in some
   418  jurisdictions.
   419  
   420  ### 6.0 Fair dealing, Database exceptions, and other rights not affected
   421  
   422  6.1 This License does not affect any rights that You or anyone else may
   423  independently have under any applicable law to make any use of this
   424  Database, including without limitation:
   425  
   426    a. Exceptions to the Database Right including: Extraction of Contents
   427    from non-electronic Databases for private purposes, Extraction for
   428    purposes of illustration for teaching or scientific research, and
   429    Extraction or Re-utilisation for public security or an administrative
   430    or judicial procedure.
   431  
   432    b. Fair dealing, fair use, or any other legally recognised limitation
   433    or exception to infringement of copyright or other applicable laws.
   434  
   435  6.2 This License does not affect any rights of lawful users to Extract
   436  and Re-utilise insubstantial parts of the Contents, evaluated
   437  quantitatively or qualitatively, for any purposes whatsoever, including
   438  creating a Derivative Database (subject to other rights over the
   439  Contents, see Section 2.4). The repeated and systematic Extraction or
   440  Re-utilisation of insubstantial parts of the Contents may however amount
   441  to the Extraction or Re-utilisation of a Substantial part of the
   442  Contents.
   443  
   444  ### 7.0 Warranties and Disclaimer
   445  
   446  7.1 The Database is licensed by the Licensor "as is" and without any
   447  warranty of any kind, either express, implied, or arising by statute,
   448  custom, course of dealing, or trade usage. Licensor specifically
   449  disclaims any and all implied warranties or conditions of title,
   450  non-infringement, accuracy or completeness, the presence or absence of
   451  errors, fitness for a particular purpose, merchantability, or otherwise.
   452  Some jurisdictions do not allow the exclusion of implied warranties, so
   453  this exclusion may not apply to You.
   454  
   455  ### 8.0 Limitation of liability
   456  
   457  8.1 Subject to any liability that may not be excluded or limited by law,
   458  the Licensor is not liable for, and expressly excludes, all liability
   459  for loss or damage however and whenever caused to anyone by any use
   460  under this License, whether by You or by anyone else, and whether caused
   461  by any fault on the part of the Licensor or not. This exclusion of
   462  liability includes, but is not limited to, any special, incidental,
   463  consequential, punitive, or exemplary damages such as loss of revenue,
   464  data, anticipated profits, and lost business. This exclusion applies
   465  even if the Licensor has been advised of the possibility of such
   466  damages.
   467  
   468  8.2 If liability may not be excluded by law, it is limited to actual and
   469  direct financial loss to the extent it is caused by proved negligence on
   470  the part of the Licensor.
   471  
   472  ### 9.0 Termination of Your rights under this License
   473  
   474  9.1 Any breach by You of the terms and conditions of this License
   475  automatically terminates this License with immediate effect and without
   476  notice to You. For the avoidance of doubt, Persons who have received the
   477  Database, the whole or a Substantial part of the Contents, Derivative
   478  Databases, or the Database as part of a Collective Database from You
   479  under this License will not have their licenses terminated provided
   480  their use is in full compliance with this License or a license granted
   481  under Section 4.8 of this License.  Sections 1, 2, 7, 8, 9 and 10 will
   482  survive any termination of this License.
   483  
   484  9.2 If You are not in breach of the terms of this License, the Licensor
   485  will not terminate Your rights under it.
   486  
   487  9.3 Unless terminated under Section 9.1, this License is granted to You
   488  for the duration of applicable rights in the Database.
   489  
   490  9.4 Reinstatement of rights. If you cease any breach of the terms and
   491  conditions of this License, then your full rights under this License
   492  will be reinstated:
   493  
   494    a. Provisionally and subject to permanent termination until the 60th
   495    day after cessation of breach;
   496  
   497    b. Permanently on the 60th day after cessation of breach unless
   498    otherwise reasonably notified by the Licensor; or
   499  
   500    c.  Permanently if reasonably notified by the Licensor of the
   501    violation, this is the first time You have received notice of
   502    violation of this License from  the Licensor, and You cure the
   503    violation prior to 30 days after your receipt of the notice.
   504  
   505  Persons subject to permanent termination of rights are not eligible to
   506  be a recipient and receive a license under Section 4.8.
   507  
   508  9.5 Notwithstanding the above, Licensor reserves the right to release
   509  the Database under different license terms or to stop distributing or
   510  making available the Database. Releasing the Database under different
   511  license terms or stopping the distribution of the Database will not
   512  withdraw this License (or any other license that has been, or is
   513  required to be, granted under the terms of this License), and this
   514  License will continue in full force and effect unless terminated as
   515  stated above.
   516  
   517  ### 10.0 General
   518  
   519  10.1 If any provision of this License is held to be invalid or
   520  unenforceable, that must not affect the validity or enforceability of
   521  the remainder of the terms and conditions of this License and each
   522  remaining provision of this License shall be valid and enforced to the
   523  fullest extent permitted by law.
   524  
   525  10.2 This License is the entire agreement between the parties with
   526  respect to the rights granted here over the Database. It replaces any
   527  earlier understandings, agreements or representations with respect to
   528  the Database.
   529  
   530  10.3 If You are in breach of the terms of this License, You will not be
   531  entitled to rely on the terms of this License or to complain of any
   532  breach by the Licensor.
   533  
   534  10.4 Choice of law. This License takes effect in and will be governed by
   535  the laws of the relevant jurisdiction in which the License terms are
   536  sought to be enforced. If the standard suite of rights granted under
   537  applicable copyright law and Database Rights in the relevant
   538  jurisdiction includes additional rights not granted under this License,
   539  these additional rights are granted in this License in order to meet the
   540  terms of this License.