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## ODC Open Database License (ODbL)
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### Preamble
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The Open Database License (ODbL) is a license agreement intended to
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allow users to freely share, modify, and use this Database while
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maintaining this same freedom for others. Many databases are covered by
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copyright, and therefore this document licenses these rights. Some
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jurisdictions, mainly in the European Union, have specific rights that
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cover databases, and so the ODbL addresses these rights, too. Finally,
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the ODbL is also an agreement in contract for users of this Database to
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act in certain ways in return for accessing this Database.
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Databases can contain a wide variety of types of content (images,
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audiovisual material, and sounds all in the same database, for example),
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and so the ODbL only governs the rights over the Database, and not the
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contents of the Database individually. Licensors should use the ODbL
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together with another license for the contents, if the contents have a
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single set of rights that uniformly covers all of the contents. If the
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contents have multiple sets of different rights, Licensors should
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describe what rights govern what contents together in the individual
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record or in some other way that clarifies what rights apply.
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Sometimes the contents of a database, or the database itself, can be
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covered by other rights not addressed here (such as private contracts,
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trade mark over the name, or privacy rights / data protection rights
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over information in the contents), and so you are advised that you may
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have to consult other documents or clear other rights before doing
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activities not covered by this License.
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------
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The Licensor (as defined below)
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and
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You (as defined below)
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agree as follows:
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### 1.0 Definitions of Capitalised Words
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"Collective Database" – Means this Database in unmodified form as part
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of a collection of independent databases in themselves that together are
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assembled into a collective whole. A work that constitutes a Collective
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Database will not be considered a Derivative Database.
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"Convey" – As a verb, means Using the Database, a Derivative Database,
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or the Database as part of a Collective Database in any way that enables
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a Person to make or receive copies of the Database or a Derivative
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Database. Conveying does not include interaction with a user through a
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computer network, or creating and Using a Produced Work, where no
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transfer of a copy of the Database or a Derivative Database occurs.
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"Contents" – The contents of this Database, which includes the
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information, independent works, or other material collected into the
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Database. For example, the contents of the Database could be factual
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data or works such as images, audiovisual material, text, or sounds.
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"Database" – A collection of material (the Contents) arranged in a
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systematic or methodical way and individually accessible by electronic
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or other means offered under the terms of this License.
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"Database Directive" – Means Directive 96/9/EC of the European
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Parliament and of the Council of 11 March 1996 on the legal protection
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of databases, as amended or succeeded.
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"Database Right" – Means rights resulting from the Chapter III ("sui
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generis") rights in the Database Directive (as amended and as transposed
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by member states), which includes the Extraction and Re-utilisation of
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the whole or a Substantial part of the Contents, as well as any similar
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rights available in the relevant jurisdiction under Section 10.4.
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"Derivative Database" – Means a database based upon the Database, and
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includes any translation, adaptation, arrangement, modification, or any
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other alteration of the Database or of a Substantial part of the
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Contents. This includes, but is not limited to, Extracting or
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Re-utilising the whole or a Substantial part of the Contents in a new
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Database.
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"Extraction" – Means the permanent or temporary transfer of all or a
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Substantial part of the Contents to another medium by any means or in
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any form.
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"License" – Means this license agreement and is both a license of rights
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such as copyright and Database Rights and an agreement in contract.
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"Licensor" – Means the Person that offers the Database under the terms
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of this License.
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"Person" – Means a natural or legal person or a body of persons
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corporate or incorporate.
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"Produced Work" – a work (such as an image, audiovisual material, text,
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or sounds) resulting from using the whole or a Substantial part of the
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Contents (via a search or other query) from this Database, a Derivative
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Database, or this Database as part of a Collective Database.
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"Publicly" – means to Persons other than You or under Your control by
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either more than 50% ownership or by the power to direct their
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activities (such as contracting with an independent consultant).
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"Re-utilisation" – means any form of making available to the public all
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or a Substantial part of the Contents by the distribution of copies, by
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renting, by online or other forms of transmission.
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"Substantial" – Means substantial in terms of quantity or quality or a
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combination of both. The repeated and systematic Extraction or
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Re-utilisation of insubstantial parts of the Contents may amount to the
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Extraction or Re-utilisation of a Substantial part of the Contents.
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"Use" – As a verb, means doing any act that is restricted by copyright
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or Database Rights whether in the original medium or any other; and
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includes without limitation distributing, copying, publicly performing,
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publicly displaying, and preparing derivative works of the Database, as
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well as modifying the Database as may be technically necessary to use it
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in a different mode or format.
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"You" – Means a Person exercising rights under this License who has not
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previously violated the terms of this License with respect to the
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Database, or who has received express permission from the Licensor to
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exercise rights under this License despite a previous violation.
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Words in the singular include the plural and vice versa.
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### 2.0 What this License covers
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2.1. Legal effect of this document. This License is:
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a. A license of applicable copyright and neighbouring rights;
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b. A license of the Database Right; and
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c. An agreement in contract between You and the Licensor.
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2.2 Legal rights covered. This License covers the legal rights in the
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Database, including:
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a. Copyright. Any copyright or neighbouring rights in the Database.
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The copyright licensed includes any individual elements of the
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Database, but does not cover the copyright over the Contents
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independent of this Database. See Section 2.4 for details. Copyright
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law varies between jurisdictions, but is likely to cover: the Database
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model or schema, which is the structure, arrangement, and organisation
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of the Database, and can also include the Database tables and table
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indexes; the data entry and output sheets; and the Field names of
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Contents stored in the Database;
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b. Database Rights. Database Rights only extend to the Extraction and
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Re-utilisation of the whole or a Substantial part of the Contents.
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Database Rights can apply even when there is no copyright over the
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Database. Database Rights can also apply when the Contents are removed
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from the Database and are selected and arranged in a way that would
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not infringe any applicable copyright; and
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c. Contract. This is an agreement between You and the Licensor for
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access to the Database. In return you agree to certain conditions of
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use on this access as outlined in this License.
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2.3 Rights not covered.
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a. This License does not apply to computer programs used in the making
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or operation of the Database;
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b. This License does not cover any patents over the Contents or the
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Database; and
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c. This License does not cover any trademarks associated with the
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Database.
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2.4 Relationship to Contents in the Database. The individual items of
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the Contents contained in this Database may be covered by other rights,
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including copyright, patent, data protection, privacy, or personality
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rights, and this License does not cover any rights (other than Database
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Rights or in contract) in individual Contents contained in the Database.
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For example, if used on a Database of images (the Contents), this
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License would not apply to copyright over individual images, which could
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have their own separate licenses, or one single license covering all of
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the rights over the images.
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### 3.0 Rights granted
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3.1 Subject to the terms and conditions of this License, the Licensor
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grants to You a worldwide, royalty-free, non-exclusive, terminable (but
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only under Section 9) license to Use the Database for the duration of
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any applicable copyright and Database Rights. These rights explicitly
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include commercial use, and do not exclude any field of endeavour. To
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the extent possible in the relevant jurisdiction, these rights may be
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exercised in all media and formats whether now known or created in the
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future.
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The rights granted cover, for example:
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a. Extraction and Re-utilisation of the whole or a Substantial part of
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the Contents;
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b. Creation of Derivative Databases;
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c. Creation of Collective Databases;
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d. Creation of temporary or permanent reproductions by any means and
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in any form, in whole or in part, including of any Derivative
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Databases or as a part of Collective Databases; and
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e. Distribution, communication, display, lending, making available, or
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performance to the public by any means and in any form, in whole or in
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part, including of any Derivative Database or as a part of Collective
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Databases.
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3.2 Compulsory license schemes. For the avoidance of doubt:
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a. Non-waivable compulsory license schemes. In those jurisdictions in
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which the right to collect royalties through any statutory or
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compulsory licensing scheme cannot be waived, the Licensor reserves
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the exclusive right to collect such royalties for any exercise by You
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of the rights granted under this License;
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b. Waivable compulsory license schemes. In those jurisdictions in
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which the right to collect royalties through any statutory or
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compulsory licensing scheme can be waived, the Licensor waives the
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exclusive right to collect such royalties for any exercise by You of
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the rights granted under this License; and,
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c. Voluntary license schemes. The Licensor waives the right to collect
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royalties, whether individually or, in the event that the Licensor is
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a member of a collecting society that administers voluntary licensing
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schemes, via that society, from any exercise by You of the rights
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granted under this License.
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3.3 The right to release the Database under different terms, or to stop
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distributing or making available the Database, is reserved. Note that
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this Database may be multiple-licensed, and so You may have the choice
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of using alternative licenses for this Database. Subject to Section
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10.4, all other rights not expressly granted by Licensor are reserved.
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### 4.0 Conditions of Use
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4.1 The rights granted in Section 3 above are expressly made subject to
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Your complying with the following conditions of use. These are important
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conditions of this License, and if You fail to follow them, You will be
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in material breach of its terms.
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4.2 Notices. If You Publicly Convey this Database, any Derivative
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Database, or the Database as part of a Collective Database, then You
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must:
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a. Do so only under the terms of this License or another license
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permitted under Section 4.4;
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b. Include a copy of this License (or, as applicable, a license
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permitted under Section 4.4) or its Uniform Resource Identifier (URI)
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with the Database or Derivative Database, including both in the
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Database or Derivative Database and in any relevant documentation; and
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c. Keep intact any copyright or Database Right notices and notices
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that refer to this License.
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d. If it is not possible to put the required notices in a particular
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file due to its structure, then You must include the notices in a
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location (such as a relevant directory) where users would be likely to
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look for it.
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4.3 Notice for using output (Contents). Creating and Using a Produced
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Work does not require the notice in Section 4.2. However, if you
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Publicly Use a Produced Work, You must include a notice associated with
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the Produced Work reasonably calculated to make any Person that uses,
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views, accesses, interacts with, or is otherwise exposed to the Produced
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Work aware that Content was obtained from the Database, Derivative
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Database, or the Database as part of a Collective Database, and that it
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is available under this License.
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a. Example notice. The following text will satisfy notice under
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Section 4.3:
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Contains information from DATABASE NAME, which is made available
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here under the Open Database License (ODbL).
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DATABASE NAME should be replaced with the name of the Database and a
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hyperlink to the URI of the Database. "Open Database License" should
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contain a hyperlink to the URI of the text of this License. If
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hyperlinks are not possible, You should include the plain text of the
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required URI`s with the above notice.
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4.4 Share alike.
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a. Any Derivative Database that You Publicly Use must be only under
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the terms of:
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i. This License;
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ii. A later version of this License similar in spirit to this
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License; or
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iii. A compatible license.
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If You license the Derivative Database under one of the licenses
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mentioned in (iii), You must comply with the terms of that license.
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b. For the avoidance of doubt, Extraction or Re-utilisation of the
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whole or a Substantial part of the Contents into a new database is a
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Derivative Database and must comply with Section 4.4.
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c. Derivative Databases and Produced Works. A Derivative Database is
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Publicly Used and so must comply with Section 4.4. if a Produced Work
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created from the Derivative Database is Publicly Used.
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d. Share Alike and additional Contents. For the avoidance of doubt,
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You must not add Contents to Derivative Databases under Section 4.4 a
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that are incompatible with the rights granted under this License.
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e. Compatible licenses. Licensors may authorise a proxy to determine
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compatible licenses under Section 4.4 a iii. If they do so, the
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authorised proxy`s public statement of acceptance of a compatible
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license grants You permission to use the compatible license.
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4.5 Limits of Share Alike. The requirements of Section 4.4 do not apply
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in the following:
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a. For the avoidance of doubt, You are not required to license
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Collective Databases under this License if You incorporate this
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Database or a Derivative Database in the collection, but this License
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still applies to this Database or a Derivative Database as a part of
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the Collective Database;
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b. Using this Database, a Derivative Database, or this Database as
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part of a Collective Database to create a Produced Work does not
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create a Derivative Database for purposes of Section 4.4; and
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c. Use of a Derivative Database internally within an organisation is
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not to the public and therefore does not fall under the requirements
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of Section 4.4.
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4.6 Access to Derivative Databases. If You Publicly Use a Derivative
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Database or a Produced Work from a Derivative Database, You must also
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offer to recipients of the Derivative Database or Produced Work a copy
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in a machine readable form of:
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a. The entire Derivative Database; or
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b. A file containing all of the alterations made to the Database or
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the method of making the alterations to the Database (such as an
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algorithm), including any additional Contents, that make up all the
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differences between the Database and the Derivative Database.
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The Derivative Database (under a.) or alteration file (under b.) must be
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available at no more than a reasonable production cost for physical
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distributions and free of charge if distributed over the internet.
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4.7 Technological measures and additional terms
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a. This License does not allow You to impose (except subject to
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Section 4.7 b.) any terms or any technological measures on the
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Database, a Derivative Database, or the whole or a Substantial part of
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the Contents that alter or restrict the terms of this License, or any
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rights granted under it, or have the effect or intent of restricting
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the ability of any person to exercise those rights.
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b. Parallel distribution. You may impose terms or technological
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measures on the Database, a Derivative Database, or the whole or a
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Substantial part of the Contents (a "Restricted Database") in
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contravention of Section 4.74 a. only if You also make a copy of the
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Database or a Derivative Database available to the recipient of the
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Restricted Database:
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i. That is available without additional fee;
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ii. That is available in a medium that does not alter or restrict
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the terms of this License, or any rights granted under it, or have
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the effect or intent of restricting the ability of any person to
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exercise those rights (an "Unrestricted Database"); and
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iii. The Unrestricted Database is at least as accessible to the
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recipient as a practical matter as the Restricted Database.
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c. For the avoidance of doubt, You may place this Database or a
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Derivative Database in an authenticated environment, behind a
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password, or within a similar access control scheme provided that You
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do not alter or restrict the terms of this License or any rights
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granted under it or have the effect or intent of restricting the
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ability of any person to exercise those rights.
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4.8 Licensing of others. You may not sublicense the Database. Each time
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You communicate the Database, the whole or Substantial part of the
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Contents, or any Derivative Database to anyone else in any way, the
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Licensor offers to the recipient a license to the Database on the same
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terms and conditions as this License. You are not responsible for
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enforcing compliance by third parties with this License, but You may
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enforce any rights that You have over a Derivative Database. You are
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solely responsible for any modifications of a Derivative Database made
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by You or another Person at Your direction. You may not impose any
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further restrictions on the exercise of the rights granted or affirmed
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under this License.
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### 5.0 Moral rights
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5.1 Moral rights. This section covers moral rights, including any rights
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to be identified as the author of the Database or to object to treatment
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that would otherwise prejudice the author`s honour and reputation, or
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any other derogatory treatment:
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a. For jurisdictions allowing waiver of moral rights, Licensor waives
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all moral rights that Licensor may have in the Database to the fullest
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extent possible by the law of the relevant jurisdiction under Section
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10.4;
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b. If waiver of moral rights under Section 5.1 a in the relevant
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jurisdiction is not possible, Licensor agrees not to assert any moral
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rights over the Database and waives all claims in moral rights to the
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fullest extent possible by the law of the relevant jurisdiction under
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Section 10.4; and
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c. For jurisdictions not allowing waiver or an agreement not to assert
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moral rights under Section 5.1 a and b, the author may retain their
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moral rights over certain aspects of the Database.
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Please note that some jurisdictions do not allow for the waiver of moral
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rights, and so moral rights may still subsist over the Database in some
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jurisdictions.
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### 6.0 Fair dealing, Database exceptions, and other rights not affected
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6.1 This License does not affect any rights that You or anyone else may
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independently have under any applicable law to make any use of this
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Database, including without limitation:
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a. Exceptions to the Database Right including: Extraction of Contents
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from non-electronic Databases for private purposes, Extraction for
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purposes of illustration for teaching or scientific research, and
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Extraction or Re-utilisation for public security or an administrative
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or judicial procedure.
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b. Fair dealing, fair use, or any other legally recognised limitation
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or exception to infringement of copyright or other applicable laws.
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6.2 This License does not affect any rights of lawful users to Extract
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and Re-utilise insubstantial parts of the Contents, evaluated
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quantitatively or qualitatively, for any purposes whatsoever, including
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creating a Derivative Database (subject to other rights over the
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Contents, see Section 2.4). The repeated and systematic Extraction or
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Re-utilisation of insubstantial parts of the Contents may however amount
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to the Extraction or Re-utilisation of a Substantial part of the
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Contents.
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### 7.0 Warranties and Disclaimer
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7.1 The Database is licensed by the Licensor "as is" and without any
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warranty of any kind, either express, implied, or arising by statute,
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custom, course of dealing, or trade usage. Licensor specifically
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disclaims any and all implied warranties or conditions of title,
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non-infringement, accuracy or completeness, the presence or absence of
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errors, fitness for a particular purpose, merchantability, or otherwise.
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Some jurisdictions do not allow the exclusion of implied warranties, so
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this exclusion may not apply to You.
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### 8.0 Limitation of liability
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8.1 Subject to any liability that may not be excluded or limited by law,
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the Licensor is not liable for, and expressly excludes, all liability
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for loss or damage however and whenever caused to anyone by any use
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under this License, whether by You or by anyone else, and whether caused
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by any fault on the part of the Licensor or not. This exclusion of
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liability includes, but is not limited to, any special, incidental,
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consequential, punitive, or exemplary damages such as loss of revenue,
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data, anticipated profits, and lost business. This exclusion applies
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even if the Licensor has been advised of the possibility of such
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damages.
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8.2 If liability may not be excluded by law, it is limited to actual and
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direct financial loss to the extent it is caused by proved negligence on
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the part of the Licensor.
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### 9.0 Termination of Your rights under this License
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9.1 Any breach by You of the terms and conditions of this License
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automatically terminates this License with immediate effect and without
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notice to You. For the avoidance of doubt, Persons who have received the
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Database, the whole or a Substantial part of the Contents, Derivative
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Databases, or the Database as part of a Collective Database from You
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under this License will not have their licenses terminated provided
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their use is in full compliance with this License or a license granted
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under Section 4.8 of this License. Sections 1, 2, 7, 8, 9 and 10 will
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survive any termination of this License.
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9.2 If You are not in breach of the terms of this License, the Licensor
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will not terminate Your rights under it.
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9.3 Unless terminated under Section 9.1, this License is granted to You
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for the duration of applicable rights in the Database.
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9.4 Reinstatement of rights. If you cease any breach of the terms and
|
conditions of this License, then your full rights under this License
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will be reinstated:
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a. Provisionally and subject to permanent termination until the 60th
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day after cessation of breach;
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b. Permanently on the 60th day after cessation of breach unless
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otherwise reasonably notified by the Licensor; or
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c. Permanently if reasonably notified by the Licensor of the
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violation, this is the first time You have received notice of
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violation of this License from the Licensor, and You cure the
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violation prior to 30 days after your receipt of the notice.
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Persons subject to permanent termination of rights are not eligible to
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be a recipient and receive a license under Section 4.8.
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9.5 Notwithstanding the above, Licensor reserves the right to release
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the Database under different license terms or to stop distributing or
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making available the Database. Releasing the Database under different
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license terms or stopping the distribution of the Database will not
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withdraw this License (or any other license that has been, or is
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required to be, granted under the terms of this License), and this
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License will continue in full force and effect unless terminated as
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stated above.
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### 10.0 General
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10.1 If any provision of this License is held to be invalid or
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unenforceable, that must not affect the validity or enforceability of
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the remainder of the terms and conditions of this License and each
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remaining provision of this License shall be valid and enforced to the
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fullest extent permitted by law.
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10.2 This License is the entire agreement between the parties with
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respect to the rights granted here over the Database. It replaces any
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earlier understandings, agreements or representations with respect to
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the Database.
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10.3 If You are in breach of the terms of this License, You will not be
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entitled to rely on the terms of this License or to complain of any
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breach by the Licensor.
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10.4 Choice of law. This License takes effect in and will be governed by
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the laws of the relevant jurisdiction in which the License terms are
|
sought to be enforced. If the standard suite of rights granted under
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applicable copyright law and Database Rights in the relevant
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jurisdiction includes additional rights not granted under this License,
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these additional rights are granted in this License in order to meet the
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terms of this License.
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