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.