"You" – Means a Person exercising rights under this License who has not
previously violated the terms of this License with respect to the
Database, or who has received express permission from the Licensor to
exercise rights under this License despite a previous violation.
Words in the singular include the plural and vice versa.
2.0 What this License covers
2.1. Legal effect of this document. This License is:
a. A license of applicable copyright and neighbouring rights;
b. A license of the Database Right; and
c. An agreement in contract between You and the Licensor.
2.2 Legal rights covered. This License covers the legal rights in the
Database, including:
a. Copyright. Any copyright or neighbouring rights in the Database. The
copyright licensed includes any individual elements of the Database, but
does not cover the copyright over the Contents independent of this
Database. See Section 2.4 for details. Copyright law varies between
jurisdictions, but is likely to cover: the Database model or schema, which
is the structure, arrangement, and organization of the Database, and can
also include the Database tables and table indexes; the data entry and
output sheets; and the Field names of Contents stored in the Database;
b. Database Rights. Database Rights only extend to the Extraction and
Re-utilisation of the whole or a Substantial part of the Contents.
Database Rights can apply even when there is no copyright over the
Database. Database Rights can also apply when the Contents are
removed from the Database and are elected and arranged in a way that
would not infringe any applicable copyright; and
c. Contract. This is an agreement between You and the Licensor for
access to the Database. In return you agree to certain conditions of use
on this access as outlined in this License.
2.3 Rights not covered.
a. This License does not apply to computer programs used in the making
or operation of the Database;
b. This License does not cover any patents over the Contents or the
Database; and
c. This License does not cover any trademarks associated with the
Database.
2.4 Relationship to Contents in the Database. The individual items of the
Contents contained in this Database may be covered by other rights,
including copyright, patent, data protection, privacy, or personality rights,
and this License does not cover any rights (other than Database Rights
or in contract) in individual Contents contained in the Database. For
example, if used on a Database of images (the Contents), this License
would not apply to copyright over individual images, which could have
their own separate licenses, or one single license covering all of the
rights over the images.
3.0 Rights granted
3.1 Subject to the terms and conditions of this License, the Licensor
grants to You a worldwide, royalty-free, non-exclusive, terminable (but
only under Section 9) license to Use the Database for the duration of any
applicable copyright and Database Rights. These rights explicitly include
commercial use, and do not exclude any field of endeavour. To the
extent possible in the relevant jurisdiction, these rights may be exercised
in all media and formats whether now known or created in the future.
The rights granted cover, for example:
a. Extraction and Re-utilisation of the whole or a Substantial part of the
Contents;
b. Creation of Derivative Databases;
c. Creation of Collective Databases;
d. Creation of temporary or permanent reproductions by any means and
in any form, in whole or in part, including of any Derivative Databases or
as a part of Collective Databases; and
e. Distribution, communication, display, lending, making available, or
performance to the public by any means and in any form, in whole or in
part, including of any Derivative Database or as a part of Collective
Databases.
3.2 Compulsory license schemes. For the avoidance of doubt:
a. Non-waivable compulsory license schemes. In those jurisdictions in
which the right to collect royalties through any statutory or compulsory
licensing scheme cannot be waived, the Licensor reserves the exclusive
right to collect such royalties for any exercise by You of the rights
granted under this License;
b. Waivable compulsory license schemes. In those jurisdictions in which
the right to collect royalties through any statutory or compulsory
licensing scheme can be waived, the Licensor waives the exclusive right
to collect such royalties for any exercise by You of the rights granted
under this License; and,
c. Voluntary license schemes. The Licensor waives the right to collect
royalties, whether individually or, in the event that the Licensor is a
member of a collecting society that administers voluntary licensing
schemes, via that society, from any exercise by You of the rights granted
under this License.
3.3 The right to release the Database under different terms, or to stop
distributing or making available the Database, is reserved. Note that this
Database may be multiple-licensed, and so You may have the choice of
using alternative licenses for this Database. Subject to Section 10.4, all
other rights not expressly granted by Licensor are reserved.
4.0 Conditions of Use
4.1 The rights granted in Section 3 above are expressly made subject to
Your complying with the following conditions of use. These are
important conditions of this License, and if You fail to follow them, You
will be in material breach of its terms.
4.2 Notices. If You Publicly Convey this Database, any Derivative
Database, or the Database as part of a Collective Database, then You
must:
a. Do so only under the terms of this License or another license
permitted under Section 4.4;
b. Include a copy of this License (or, as applicable, a license permitted
under Section 4.4) or its Uniform Resource Identifier (URI) with the
Database or Derivative Database, including both in the Database or
Derivative Database and in any relevant documentation; and
c. Keep intact any copyright or Database Right notices and notices that
refer to this License.
d. If it is not possible to put the required notices in a particular file due to
its structure, then You must include the notices in a location (such as a
relevant directory) where users would be likely to look for it.
4.3 Notice for using output (Contents). Creating and Using a Produced
Work does not require the notice in Section 4.2. However, if you Publicly
Use a Produced Work, You must include a notice associated with the
Produced Work reasonably calculated to make any Person that uses,
views, accesses, interacts with, or is otherwise exposed to the Produced
Work aware that Content was obtained from the Database, Derivative
Database, or the Database as part of a Collective Database, and that it is
available under this License.
a. Example notice. The following text will satisfy notice under
Section 4.3: Contains information from DATABASE NAME, which is
made available here under the Open Database License (ODbL).
DATABASE NAME should be replaced with the name of the Database
and a hyperlink to the URI of the Database. "Open Database License"
should contain a hyperlink to the URI of the text of this License. If
hyperlinks are not possible, You should include the plain text of the
required URI's with the above notice.
4.4 Share alike.
a. Any Derivative Database that You Publicly Use must be only under
the terms of:
i. This License;
ii. A later version of this License similar in spirit to this License; or
iii. A compatible license.
If You license the Derivative Database under one of the licenses
mentioned in (iii), You must comply with the terms of that license.
b. For the avoidance of doubt, Extraction or Re-utilisation of the whole or
a Substantial part of the Contents into a new database is a Derivative
Database and must comply with Section 4.4.
c. Derivative Databases and Produced Works. A Derivative Database is
Publicly Used and so must comply with Section 4.4. if a Produced Work
created from the Derivative Database is Publicly Used.
d. Share Alike and additional Contents. For the avoidance of doubt, You
must not add Contents to Derivative Databases under Section 4.4 a that
are incompatible with the rights granted under this License.
e. Compatible licenses. Licensors may authorise a proxy to determine
compatible licenses under Section 4.4 a iii. If they do so, the authorised
proxy's public statement of acceptance of a compatible license grants
You permission to use the compatible license.
4.5 Limits of Share Alike. The requirements of Section 4.4 do not apply
in the following:
a. For the avoidance of doubt, You are not required to license Collective
Databases under this License if You incorporate this Database or a
Derivative Database in the collection, but this License still applies to this
Database or a Derivative Database as a part of the Collective Database;
b. Using this Database, a Derivative Database, or this Database as part
of a Collective Database to create a Produced Work does not create a
Derivative Database for purposes of Section 4.4; and
c. Use of a Derivative Database internally within an organisation is not to
the public and therefore does not fall under the requirements of Section
4.4.
4.6 Access to Derivative Databases. If You Publicly Use a
DerivativeDatabase or a Produced Work from a Derivative Database,
6 TMX-2050 Display User Guide Version 1.075, Revision C
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