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  1. Open Data Commons – Public Domain Dedication & Licence (PDDL)
  2. *************************************************************
  3. Preamble
  4. ========
  5. The Open Data Commons – Public Domain Dedication & Licence is a document
  6. intended to allow you to freely share, modify, and use this work for any
  7. purpose and without any restrictions. This licence is intended for use on
  8. databases or their contents ("data"), either together or individually.
  9. Many databases are covered by copyright. Some jurisdictions, mainly in Europe,
  10. have specific special rights that cover databases called the "sui generis"
  11. database right. Both of these sets of rights, as well as other legal rights
  12. used to protect databases and data, can create uncertainty or practical
  13. difficulty for those wishing to share databases and their underlying data but
  14. retain a limited amount of rights under a "some rights reserved" approach to
  15. licensing as outlined in the Science Commons Protocol for Implementing Open
  16. Access Data. As a result, this waiver and licence tries to the fullest extent
  17. possible to eliminate or fully license any rights that cover this database and
  18. data. Any Community Norms or similar statements of use of the database or data
  19. do not form a part of this document, and do not act as a contract for access or
  20. other terms of use for the database or data.
  21. The position of the recipient of the work
  22. Because this document places the database and its contents in or as close as
  23. possible within the public domain, there are no restrictions or requirements
  24. placed on the recipient by this document. Recipients may use this work
  25. commercially, use technical protection measures, combine this data or database
  26. with other databases or data, and share their changes and additions or keep
  27. them secret. It is not a requirement that recipients provide further users with
  28. a copy of this licence or attribute the original creator of the data or
  29. database as a source. The goal is to eliminate restrictions held by the
  30. original creator of the data and database on the use of it by others.
  31. The position of the dedicator of the work
  32. Copyright law, as with most other law under the banner of "intellectual
  33. property", is inherently national law. This means that there exists several
  34. differences in how copyright and other intellectual property rights can be
  35. relinquished, waived or licensed in the many legal jurisdictions of the world.
  36. This is despite much harmonisation of minimum levels of protection. The
  37. internet and other communication technologies span these many disparate legal
  38. jurisdictions and thus pose special difficulties for a document relinquishing
  39. and waiving intellectual property rights, including copyright and database
  40. rights, for use by the global community. Because of this feature of
  41. intellectual property law, this document first relinquishes the rights and
  42. waives the relevant rights and claims. It then goes on to license these same
  43. rights for jurisdictions or areas of law that may make it difficult to
  44. relinquish or waive rights or claims.
  45. The purpose of this document is to enable rightsholders to place their work
  46. into the public domain. Unlike licences for free and open source software, free
  47. cultural works, or open content licences, rightsholders will not be able to
  48. "dual license" their work by releasing the same work under different licences.
  49. This is because they have allowed anyone to use the work in whatever way they
  50. choose. Rightsholders therefore can't re-license it under copyright or database
  51. rights on different terms because they have nothing left to license. Doing so
  52. creates truly accessible data to build rich applications and advance the
  53. progress of science and the arts.
  54. This document can cover either or both of the database and its contents (the
  55. data). Because databases can have a wide variety of content – not just factual
  56. data – rightsholders should use the Open Data Commons – Public Domain
  57. Dedication & Licence for an entire database and its contents only if everything
  58. can be placed under the terms of this document. Because even factual data can
  59. sometimes have intellectual property rights, rightsholders should use this
  60. licence to cover both the database and its factual data when making material
  61. available under this document; even if it is likely that the data would not be
  62. covered by copyright or database rights.
  63. Rightsholders can also use this document to cover any copyright or database
  64. rights claims over only a database, and leave the contents to be covered by
  65. other licences or documents. They can do this because this document refers to
  66. the "Work", which can be either – or both – the database and its contents. As a
  67. result, rightsholders need to clearly state what they are dedicating under this
  68. document when they dedicate it.
  69. Just like any licence or other document dealing with intellectual property,
  70. rightsholders should be aware that one can only license what one owns. Please
  71. ensure that the rights have been cleared to make this material available under
  72. this document.
  73. This document permanently and irrevocably makes the Work available to the
  74. public for any use of any kind, and it should not be used unless the
  75. rightsholder is prepared for this to happen.
  76. Part I: Introduction
  77. ====================
  78. The Rightsholder (the Person holding rights or claims over the Work) agrees as
  79. follows:
  80. 1 Definitions of Capitalised Words
  81. ----------------------------------
  82. "Copyright" – Includes rights under copyright and under neighbouring rights and
  83. similarly related sets of rights under the law of the relevant jurisdiction
  84. under Section 6.4.
  85. "Data" – The contents of the Database, which includes the information,
  86. independent works, or other material collected into the Database offered under
  87. the terms of this Document.
  88. "Database" – A collection of Data arranged in a systematic or methodical way
  89. and individually accessible by electronic or other means offered under the
  90. terms of this Document.
  91. "Database Right" – Means rights over Data resulting from the Chapter III ("sui
  92. generis") rights in the Database Directive (Directive 96/9/EC of the European
  93. Parliament and of the Council of 11 March 1996 on the legal protection of
  94. databases) and any future updates as well as any similar rights available in
  95. the relevant jurisdiction under Section 6.4.
  96. "Document" – means this relinquishment and waiver of rights and claims and back
  97. up licence agreement.
  98. "Person" – Means a natural or legal person or a body of persons corporate or
  99. incorporate.
  100. "Use" – As a verb, means doing any act that is restricted by Copyright or
  101. Database Rights whether in the original medium or any other; and includes
  102. modifying the Work as may be technically necessary to use it in a different
  103. mode or format. This includes the right to sublicense the Work.
  104. "Work" – Means either or both of the Database and Data offered under the terms
  105. of this Document.
  106. "You" – the Person acquiring rights under the licence elements of this
  107. Document.
  108. Words in the singular include the plural and vice versa.
  109. 2.0 What this document covers
  110. 2.1. Legal effect of this Document. This Document is:
  111. a. A dedication to the public domain and waiver of Copyright and Database
  112. Rights over the Work; and
  113. b. A licence of Copyright and Database Rights over the Work in jurisdictions
  114. that do not allow for relinquishment or waiver.
  115. 2.2. Legal rights covered.
  116. a. Copyright. Any copyright or neighbouring rights in the Work. Copyright law
  117. varies between jurisdictions, but is likely to cover: the Database model or
  118. schema, which is the structure, arrangement, and organisation of the Database,
  119. and can also include the Database tables and table indexes; the data entry and
  120. output sheets; and the Field names of Data stored in the Database. Copyright
  121. may also cover the Data depending on the jurisdiction and type of Data; and
  122. b. Database Rights. Database Rights only extend to the extraction and
  123. re-utilisation of the whole or a substantial part of the Data. Database Rights
  124. can apply even when there is no copyright over the Database. Database Rights
  125. can also apply when the Data is removed from the Database and is selected and
  126. arranged in a way that would not infringe any applicable copyright.
  127. 2.2 Rights not covered.
  128. a. This Document does not apply to computer programs used in the making or
  129. operation of the Database;
  130. b. This Document does not cover any patents over the Data or the Database.
  131. Please see Section 4.2 later in this Document for further details; and
  132. c. This Document does not cover any trade marks associated with the Database.
  133. Please see Section 4.3 later in this Document for further details.
  134. Users of this Database are cautioned that they may have to clear other rights
  135. or consult other licences.
  136. 2.3 Facts are free.
  137. The Rightsholder takes the position that factual information is not covered by
  138. Copyright. This Document however covers the Work in jurisdictions that may
  139. protect the factual information in the Work by Copyright, and to cover any
  140. information protected by Copyright that is contained in the Work.
  141. Part II: Dedication to the public domain
  142. ========================================
  143. 3 Dedication, waiver, and licence of Copyright and Database Rights
  144. ------------------------------------------------------------------
  145. 3.1 Dedication of Copyright and Database Rights to the public domain.
  146. The Rightsholder by using this Document, dedicates the Work to the public
  147. domain for the benefit of the public and relinquishes all rights in Copyright
  148. and Database Rights over the Work.
  149. a. The Rightsholder realises that once these rights are relinquished, that the
  150. Rightsholder has no further rights in Copyright and Database Rights over the
  151. Work, and that the Work is free and open for others to Use.
  152. b. The Rightsholder intends for their relinquishment to cover all present and
  153. future rights in the Work under Copyright and Database Rights, whether they are
  154. vested or contingent rights, and that this relinquishment of rights covers all
  155. their heirs and successors.
  156. The above relinquishment of rights applies worldwide and includes media and
  157. formats now known or created in the future.
  158. 3.2 Waiver of rights and claims in Copyright and Database Rights when Section
  159. 3.1 dedication inapplicable.
  160. If the dedication in Section 3.1 does not apply in the relevant jurisdiction
  161. under Section 6.4, the Rightsholder waives any rights and claims that the
  162. Rightsholder may have or acquire in the future over the Work in:
  163. a. Copyright; and
  164. b. Database Rights.
  165. To the extent possible in the relevant jurisdiction, the above waiver of rights
  166. and claims applies worldwide and includes media and formats now known or
  167. created in the future. The Rightsholder agrees not to assert the above rights
  168. and waives the right to enforce them over the Work.
  169. 3.3 Licence of Copyright and Database Rights when Sections 3.1 and 3.2
  170. inapplicable.
  171. If the dedication and waiver in Sections 3.1 and 3.2 does not apply in the
  172. relevant jurisdiction under Section 6.4, the Rightsholder and You agree as
  173. follows:
  174. a. The Licensor grants to You a worldwide, royalty-free, non-exclusive,
  175. licence to Use the Work for the duration of any applicable Copyright and
  176. Database Rights. These rights explicitly include commercial use, and do not
  177. exclude any field of endeavour. To the extent possible in the relevant
  178. jurisdiction, these rights may be exercised in all media and formats whether
  179. now known or created in the future.
  180. 3.4 Moral rights.
  181. This section covers moral rights, including the right to be identified as the
  182. author of the Work or to object to treatment that would otherwise prejudice the
  183. author's honour and reputation, or any other derogatory treatment:
  184. a. For jurisdictions allowing waiver of moral rights, Licensor waives all
  185. moral rights that Licensor may have in the Work to the fullest extent possible
  186. by the law of the relevant jurisdiction under Section 6.4;
  187. b. If waiver of moral rights under Section 3.4 a in the relevant jurisdiction
  188. is not possible, Licensor agrees not to assert any moral rights over the Work
  189. and waives all claims in moral rights to the fullest extent possible by the law
  190. of the relevant jurisdiction under Section 6.4; and
  191. c. For jurisdictions not allowing waiver or an agreement not to assert moral
  192. rights under Section 3.4 a and b, the author may retain their moral rights over
  193. the copyrighted aspects of the Work.
  194. Please note that some jurisdictions do not allow for the waiver of moral
  195. rights, and so moral rights may still subsist over the work in some
  196. jurisdictions.
  197. 4 Relationship to other rights
  198. ------------------------------
  199. 4.1 No other contractual conditions.
  200. The Rightsholder makes this Work available to You without any other contractual
  201. obligations, either express or implied. Any Community Norms statement
  202. associated with the Work is not a contract and does not form part of this
  203. Document.
  204. 4.2 Relationship to patents.
  205. This Document does not grant You a licence for any patents that the
  206. Rightsholder may own. Users of this Database are cautioned that they may have
  207. to clear other rights or consult other licences.
  208. 4.3 Relationship to trade marks.
  209. This Document does not grant You a licence for any trade marks that the
  210. Rightsholder may own or that the Rightsholder may use to cover the Work. Users
  211. of this Database are cautioned that they may have to clear other rights or
  212. consult other licences.
  213. Part III: General provisions
  214. ============================
  215. 5 Warranties, disclaimer, and limitation of liability
  216. -----------------------------------------------------
  217. 5.1 The Work is provided by the Rightsholder "as is" and without any warranty
  218. of any kind, either express or implied, whether of title, of accuracy or
  219. completeness, of the presence of absence of errors, of fitness for purpose, or
  220. otherwise. Some jurisdictions do not allow the exclusion of implied warranties,
  221. so this exclusion may not apply to You.
  222. 5.2 Subject to any liability that may not be excluded or limited by law, the
  223. Rightsholder is not liable for, and expressly excludes, all liability for loss
  224. or damage however and whenever caused to anyone by any use under this Document,
  225. whether by You or by anyone else, and whether caused by any fault on the part
  226. of the Rightsholder or not. This exclusion of liability includes, but is not
  227. limited to, any special, incidental, consequential, punitive, or exemplary
  228. damages. This exclusion applies even if the Rightsholder has been advised of
  229. the possibility of such damages.
  230. 5.3 If liability may not be excluded by law, it is limited to actual and direct
  231. financial loss to the extent it is caused by proved negligence on the part of
  232. the Rightsholder.
  233. 6 General
  234. ---------
  235. 6.1 If any provision of this Document is held to be invalid or unenforceable,
  236. that must not affect the validity or enforceability of the remainder of the
  237. terms of this Document.
  238. 6.2 This Document is the entire agreement between the parties with respect to
  239. the Work covered here. It replaces any earlier understandings, agreements or
  240. representations with respect to the Work not specified here.
  241. 6.3 This Document does not affect any rights that You or anyone else may
  242. independently have under any applicable law to make any use of this Work,
  243. including (for jurisdictions where this Document is a licence) fair dealing,
  244. fair use, database exceptions, or any other legally recognised limitation or
  245. exception to infringement of copyright or other applicable laws.
  246. 6.4 This Document takes effect in the relevant jurisdiction in which the
  247. Document terms are sought to be enforced. If the rights waived or granted under
  248. applicable law in the relevant jurisdiction includes additional rights not
  249. waived or granted under this Document, these additional rights are included in
  250. this Document in order to meet the intent of this Document.