Patrick Williams | c124f4f | 2015-09-15 14:41:29 -0500 | [diff] [blame] | 1 | |
| 2 | ## ODC Open Database License (ODbL) |
| 3 | |
| 4 | ### Preamble |
| 5 | |
| 6 | The Open Database License (ODbL) is a license agreement intended to |
| 7 | allow users to freely share, modify, and use this Database while |
| 8 | maintaining this same freedom for others. Many databases are covered by |
| 9 | copyright, and therefore this document licenses these rights. Some |
| 10 | jurisdictions, mainly in the European Union, have specific rights that |
| 11 | cover databases, and so the ODbL addresses these rights, too. Finally, |
| 12 | the ODbL is also an agreement in contract for users of this Database to |
| 13 | act in certain ways in return for accessing this Database. |
| 14 | |
| 15 | Databases can contain a wide variety of types of content (images, |
| 16 | audiovisual material, and sounds all in the same database, for example), |
| 17 | and so the ODbL only governs the rights over the Database, and not the |
| 18 | contents of the Database individually. Licensors should use the ODbL |
| 19 | together with another license for the contents, if the contents have a |
| 20 | single set of rights that uniformly covers all of the contents. If the |
| 21 | contents have multiple sets of different rights, Licensors should |
| 22 | describe what rights govern what contents together in the individual |
| 23 | record or in some other way that clarifies what rights apply. |
| 24 | |
| 25 | Sometimes the contents of a database, or the database itself, can be |
| 26 | covered by other rights not addressed here (such as private contracts, |
| 27 | trade mark over the name, or privacy rights / data protection rights |
| 28 | over information in the contents), and so you are advised that you may |
| 29 | have to consult other documents or clear other rights before doing |
| 30 | activities not covered by this License. |
| 31 | |
| 32 | ------ |
| 33 | |
| 34 | The Licensor (as defined below) |
| 35 | |
| 36 | and |
| 37 | |
| 38 | You (as defined below) |
| 39 | |
| 40 | agree as follows: |
| 41 | |
| 42 | ### 1.0 Definitions of Capitalised Words |
| 43 | |
| 44 | "Collective Database" – Means this Database in unmodified form as part |
| 45 | of a collection of independent databases in themselves that together are |
| 46 | assembled into a collective whole. A work that constitutes a Collective |
| 47 | Database will not be considered a Derivative Database. |
| 48 | |
| 49 | "Convey" – As a verb, means Using the Database, a Derivative Database, |
| 50 | or the Database as part of a Collective Database in any way that enables |
| 51 | a Person to make or receive copies of the Database or a Derivative |
| 52 | Database. Conveying does not include interaction with a user through a |
| 53 | computer network, or creating and Using a Produced Work, where no |
| 54 | transfer of a copy of the Database or a Derivative Database occurs. |
| 55 | "Contents" – The contents of this Database, which includes the |
| 56 | information, independent works, or other material collected into the |
| 57 | Database. For example, the contents of the Database could be factual |
| 58 | data or works such as images, audiovisual material, text, or sounds. |
| 59 | |
| 60 | "Database" – A collection of material (the Contents) arranged in a |
| 61 | systematic or methodical way and individually accessible by electronic |
| 62 | or other means offered under the terms of this License. |
| 63 | |
| 64 | "Database Directive" – Means Directive 96/9/EC of the European |
| 65 | Parliament and of the Council of 11 March 1996 on the legal protection |
| 66 | of databases, as amended or succeeded. |
| 67 | |
| 68 | "Database Right" – Means rights resulting from the Chapter III ("sui |
| 69 | generis") rights in the Database Directive (as amended and as transposed |
| 70 | by member states), which includes the Extraction and Re-utilisation of |
| 71 | the whole or a Substantial part of the Contents, as well as any similar |
| 72 | rights available in the relevant jurisdiction under Section 10.4. |
| 73 | |
| 74 | "Derivative Database" – Means a database based upon the Database, and |
| 75 | includes any translation, adaptation, arrangement, modification, or any |
| 76 | other alteration of the Database or of a Substantial part of the |
| 77 | Contents. This includes, but is not limited to, Extracting or |
| 78 | Re-utilising the whole or a Substantial part of the Contents in a new |
| 79 | Database. |
| 80 | |
| 81 | "Extraction" – Means the permanent or temporary transfer of all or a |
| 82 | Substantial part of the Contents to another medium by any means or in |
| 83 | any form. |
| 84 | |
| 85 | "License" – Means this license agreement and is both a license of rights |
| 86 | such as copyright and Database Rights and an agreement in contract. |
| 87 | |
| 88 | "Licensor" – Means the Person that offers the Database under the terms |
| 89 | of this License. |
| 90 | |
| 91 | "Person" – Means a natural or legal person or a body of persons |
| 92 | corporate or incorporate. |
| 93 | |
| 94 | "Produced Work" – a work (such as an image, audiovisual material, text, |
| 95 | or sounds) resulting from using the whole or a Substantial part of the |
| 96 | Contents (via a search or other query) from this Database, a Derivative |
| 97 | Database, or this Database as part of a Collective Database. |
| 98 | |
| 99 | "Publicly" – means to Persons other than You or under Your control by |
| 100 | either more than 50% ownership or by the power to direct their |
| 101 | activities (such as contracting with an independent consultant). |
| 102 | |
| 103 | "Re-utilisation" – means any form of making available to the public all |
| 104 | or a Substantial part of the Contents by the distribution of copies, by |
| 105 | renting, by online or other forms of transmission. |
| 106 | |
| 107 | "Substantial" – Means substantial in terms of quantity or quality or a |
| 108 | combination of both. The repeated and systematic Extraction or |
| 109 | Re-utilisation of insubstantial parts of the Contents may amount to the |
| 110 | Extraction or Re-utilisation of a Substantial part of the Contents. |
| 111 | |
| 112 | "Use" – As a verb, means doing any act that is restricted by copyright |
| 113 | or Database Rights whether in the original medium or any other; and |
| 114 | includes without limitation distributing, copying, publicly performing, |
| 115 | publicly displaying, and preparing derivative works of the Database, as |
| 116 | well as modifying the Database as may be technically necessary to use it |
| 117 | in a different mode or format. |
| 118 | |
| 119 | "You" – Means a Person exercising rights under this License who has not |
| 120 | previously violated the terms of this License with respect to the |
| 121 | Database, or who has received express permission from the Licensor to |
| 122 | exercise rights under this License despite a previous violation. |
| 123 | |
| 124 | Words in the singular include the plural and vice versa. |
| 125 | |
| 126 | ### 2.0 What this License covers |
| 127 | |
| 128 | 2.1. Legal effect of this document. This License is: |
| 129 | |
| 130 | a. A license of applicable copyright and neighbouring rights; |
| 131 | |
| 132 | b. A license of the Database Right; and |
| 133 | |
| 134 | c. An agreement in contract between You and the Licensor. |
| 135 | |
| 136 | 2.2 Legal rights covered. This License covers the legal rights in the |
| 137 | Database, including: |
| 138 | |
| 139 | a. Copyright. Any copyright or neighbouring rights in the Database. |
| 140 | The copyright licensed includes any individual elements of the |
| 141 | Database, but does not cover the copyright over the Contents |
| 142 | independent of this Database. See Section 2.4 for details. Copyright |
| 143 | law varies between jurisdictions, but is likely to cover: the Database |
| 144 | model or schema, which is the structure, arrangement, and organisation |
| 145 | of the Database, and can also include the Database tables and table |
| 146 | indexes; the data entry and output sheets; and the Field names of |
| 147 | Contents stored in the Database; |
| 148 | |
| 149 | b. Database Rights. Database Rights only extend to the Extraction and |
| 150 | Re-utilisation of the whole or a Substantial part of the Contents. |
| 151 | Database Rights can apply even when there is no copyright over the |
| 152 | Database. Database Rights can also apply when the Contents are removed |
| 153 | from the Database and are selected and arranged in a way that would |
| 154 | not infringe any applicable copyright; and |
| 155 | |
| 156 | c. Contract. This is an agreement between You and the Licensor for |
| 157 | access to the Database. In return you agree to certain conditions of |
| 158 | use on this access as outlined in this License. |
| 159 | |
| 160 | 2.3 Rights not covered. |
| 161 | |
| 162 | a. This License does not apply to computer programs used in the making |
| 163 | or operation of the Database; |
| 164 | |
| 165 | b. This License does not cover any patents over the Contents or the |
| 166 | Database; and |
| 167 | |
| 168 | c. This License does not cover any trademarks associated with the |
| 169 | Database. |
| 170 | |
| 171 | 2.4 Relationship to Contents in the Database. The individual items of |
| 172 | the Contents contained in this Database may be covered by other rights, |
| 173 | including copyright, patent, data protection, privacy, or personality |
| 174 | rights, and this License does not cover any rights (other than Database |
| 175 | Rights or in contract) in individual Contents contained in the Database. |
| 176 | For example, if used on a Database of images (the Contents), this |
| 177 | License would not apply to copyright over individual images, which could |
| 178 | have their own separate licenses, or one single license covering all of |
| 179 | the rights over the images. |
| 180 | |
| 181 | ### 3.0 Rights granted |
| 182 | |
| 183 | 3.1 Subject to the terms and conditions of this License, the Licensor |
| 184 | grants to You a worldwide, royalty-free, non-exclusive, terminable (but |
| 185 | only under Section 9) license to Use the Database for the duration of |
| 186 | any applicable copyright and Database Rights. These rights explicitly |
| 187 | include commercial use, and do not exclude any field of endeavour. To |
| 188 | the extent possible in the relevant jurisdiction, these rights may be |
| 189 | exercised in all media and formats whether now known or created in the |
| 190 | future. |
| 191 | |
| 192 | The rights granted cover, for example: |
| 193 | |
| 194 | a. Extraction and Re-utilisation of the whole or a Substantial part of |
| 195 | the Contents; |
| 196 | |
| 197 | b. Creation of Derivative Databases; |
| 198 | |
| 199 | c. Creation of Collective Databases; |
| 200 | |
| 201 | d. Creation of temporary or permanent reproductions by any means and |
| 202 | in any form, in whole or in part, including of any Derivative |
| 203 | Databases or as a part of Collective Databases; and |
| 204 | |
| 205 | e. Distribution, communication, display, lending, making available, or |
| 206 | performance to the public by any means and in any form, in whole or in |
| 207 | part, including of any Derivative Database or as a part of Collective |
| 208 | Databases. |
| 209 | |
| 210 | 3.2 Compulsory license schemes. For the avoidance of doubt: |
| 211 | |
| 212 | a. Non-waivable compulsory license schemes. In those jurisdictions in |
| 213 | which the right to collect royalties through any statutory or |
| 214 | compulsory licensing scheme cannot be waived, the Licensor reserves |
| 215 | the exclusive right to collect such royalties for any exercise by You |
| 216 | of the rights granted under this License; |
| 217 | |
| 218 | b. Waivable compulsory license schemes. In those jurisdictions in |
| 219 | which the right to collect royalties through any statutory or |
| 220 | compulsory licensing scheme can be waived, the Licensor waives the |
| 221 | exclusive right to collect such royalties for any exercise by You of |
| 222 | the rights granted under this License; and, |
| 223 | |
| 224 | c. Voluntary license schemes. The Licensor waives the right to collect |
| 225 | royalties, whether individually or, in the event that the Licensor is |
| 226 | a member of a collecting society that administers voluntary licensing |
| 227 | schemes, via that society, from any exercise by You of the rights |
| 228 | granted under this License. |
| 229 | |
| 230 | 3.3 The right to release the Database under different terms, or to stop |
| 231 | distributing or making available the Database, is reserved. Note that |
| 232 | this Database may be multiple-licensed, and so You may have the choice |
| 233 | of using alternative licenses for this Database. Subject to Section |
| 234 | 10.4, all other rights not expressly granted by Licensor are reserved. |
| 235 | |
| 236 | ### 4.0 Conditions of Use |
| 237 | |
| 238 | 4.1 The rights granted in Section 3 above are expressly made subject to |
| 239 | Your complying with the following conditions of use. These are important |
| 240 | conditions of this License, and if You fail to follow them, You will be |
| 241 | in material breach of its terms. |
| 242 | |
| 243 | 4.2 Notices. If You Publicly Convey this Database, any Derivative |
| 244 | Database, or the Database as part of a Collective Database, then You |
| 245 | must: |
| 246 | |
| 247 | a. Do so only under the terms of this License or another license |
| 248 | permitted under Section 4.4; |
| 249 | |
| 250 | b. Include a copy of this License (or, as applicable, a license |
| 251 | permitted under Section 4.4) or its Uniform Resource Identifier (URI) |
| 252 | with the Database or Derivative Database, including both in the |
| 253 | Database or Derivative Database and in any relevant documentation; and |
| 254 | |
| 255 | c. Keep intact any copyright or Database Right notices and notices |
| 256 | that refer to this License. |
| 257 | |
| 258 | d. If it is not possible to put the required notices in a particular |
| 259 | file due to its structure, then You must include the notices in a |
| 260 | location (such as a relevant directory) where users would be likely to |
| 261 | look for it. |
| 262 | |
| 263 | 4.3 Notice for using output (Contents). Creating and Using a Produced |
| 264 | Work does not require the notice in Section 4.2. However, if you |
| 265 | Publicly Use a Produced Work, You must include a notice associated with |
| 266 | the Produced Work reasonably calculated to make any Person that uses, |
| 267 | views, accesses, interacts with, or is otherwise exposed to the Produced |
| 268 | Work aware that Content was obtained from the Database, Derivative |
| 269 | Database, or the Database as part of a Collective Database, and that it |
| 270 | is available under this License. |
| 271 | |
| 272 | a. Example notice. The following text will satisfy notice under |
| 273 | Section 4.3: |
| 274 | |
| 275 | Contains information from DATABASE NAME, which is made available |
| 276 | here under the Open Database License (ODbL). |
| 277 | |
| 278 | DATABASE NAME should be replaced with the name of the Database and a |
| 279 | hyperlink to the URI of the Database. "Open Database License" should |
| 280 | contain a hyperlink to the URI of the text of this License. If |
| 281 | hyperlinks are not possible, You should include the plain text of the |
| 282 | required URI`s with the above notice. |
| 283 | |
| 284 | 4.4 Share alike. |
| 285 | |
| 286 | a. Any Derivative Database that You Publicly Use must be only under |
| 287 | the terms of: |
| 288 | |
| 289 | i. This License; |
| 290 | |
| 291 | ii. A later version of this License similar in spirit to this |
| 292 | License; or |
| 293 | |
| 294 | iii. A compatible license. |
| 295 | |
| 296 | If You license the Derivative Database under one of the licenses |
| 297 | mentioned in (iii), You must comply with the terms of that license. |
| 298 | |
| 299 | b. For the avoidance of doubt, Extraction or Re-utilisation of the |
| 300 | whole or a Substantial part of the Contents into a new database is a |
| 301 | Derivative Database and must comply with Section 4.4. |
| 302 | |
| 303 | c. Derivative Databases and Produced Works. A Derivative Database is |
| 304 | Publicly Used and so must comply with Section 4.4. if a Produced Work |
| 305 | created from the Derivative Database is Publicly Used. |
| 306 | |
| 307 | d. Share Alike and additional Contents. For the avoidance of doubt, |
| 308 | You must not add Contents to Derivative Databases under Section 4.4 a |
| 309 | that are incompatible with the rights granted under this License. |
| 310 | |
| 311 | e. Compatible licenses. Licensors may authorise a proxy to determine |
| 312 | compatible licenses under Section 4.4 a iii. If they do so, the |
| 313 | authorised proxy`s public statement of acceptance of a compatible |
| 314 | license grants You permission to use the compatible license. |
| 315 | |
| 316 | |
| 317 | 4.5 Limits of Share Alike. The requirements of Section 4.4 do not apply |
| 318 | in the following: |
| 319 | |
| 320 | a. For the avoidance of doubt, You are not required to license |
| 321 | Collective Databases under this License if You incorporate this |
| 322 | Database or a Derivative Database in the collection, but this License |
| 323 | still applies to this Database or a Derivative Database as a part of |
| 324 | the Collective Database; |
| 325 | |
| 326 | b. Using this Database, a Derivative Database, or this Database as |
| 327 | part of a Collective Database to create a Produced Work does not |
| 328 | create a Derivative Database for purposes of Section 4.4; and |
| 329 | |
| 330 | c. Use of a Derivative Database internally within an organisation is |
| 331 | not to the public and therefore does not fall under the requirements |
| 332 | of Section 4.4. |
| 333 | |
| 334 | 4.6 Access to Derivative Databases. If You Publicly Use a Derivative |
| 335 | Database or a Produced Work from a Derivative Database, You must also |
| 336 | offer to recipients of the Derivative Database or Produced Work a copy |
| 337 | in a machine readable form of: |
| 338 | |
| 339 | a. The entire Derivative Database; or |
| 340 | |
| 341 | b. A file containing all of the alterations made to the Database or |
| 342 | the method of making the alterations to the Database (such as an |
| 343 | algorithm), including any additional Contents, that make up all the |
| 344 | differences between the Database and the Derivative Database. |
| 345 | |
| 346 | The Derivative Database (under a.) or alteration file (under b.) must be |
| 347 | available at no more than a reasonable production cost for physical |
| 348 | distributions and free of charge if distributed over the internet. |
| 349 | |
| 350 | 4.7 Technological measures and additional terms |
| 351 | |
| 352 | a. This License does not allow You to impose (except subject to |
| 353 | Section 4.7 b.) any terms or any technological measures on the |
| 354 | Database, a Derivative Database, or the whole or a Substantial part of |
| 355 | the Contents that alter or restrict the terms of this License, or any |
| 356 | rights granted under it, or have the effect or intent of restricting |
| 357 | the ability of any person to exercise those rights. |
| 358 | |
| 359 | b. Parallel distribution. You may impose terms or technological |
| 360 | measures on the Database, a Derivative Database, or the whole or a |
| 361 | Substantial part of the Contents (a "Restricted Database") in |
| 362 | contravention of Section 4.74 a. only if You also make a copy of the |
| 363 | Database or a Derivative Database available to the recipient of the |
| 364 | Restricted Database: |
| 365 | |
| 366 | i. That is available without additional fee; |
| 367 | |
| 368 | ii. That is available in a medium that does not alter or restrict |
| 369 | the terms of this License, or any rights granted under it, or have |
| 370 | the effect or intent of restricting the ability of any person to |
| 371 | exercise those rights (an "Unrestricted Database"); and |
| 372 | |
| 373 | iii. The Unrestricted Database is at least as accessible to the |
| 374 | recipient as a practical matter as the Restricted Database. |
| 375 | |
| 376 | c. For the avoidance of doubt, You may place this Database or a |
| 377 | Derivative Database in an authenticated environment, behind a |
| 378 | password, or within a similar access control scheme provided that You |
| 379 | do not alter or restrict the terms of this License or any rights |
| 380 | granted under it or have the effect or intent of restricting the |
| 381 | ability of any person to exercise those rights. |
| 382 | |
| 383 | 4.8 Licensing of others. You may not sublicense the Database. Each time |
| 384 | You communicate the Database, the whole or Substantial part of the |
| 385 | Contents, or any Derivative Database to anyone else in any way, the |
| 386 | Licensor offers to the recipient a license to the Database on the same |
| 387 | terms and conditions as this License. You are not responsible for |
| 388 | enforcing compliance by third parties with this License, but You may |
| 389 | enforce any rights that You have over a Derivative Database. You are |
| 390 | solely responsible for any modifications of a Derivative Database made |
| 391 | by You or another Person at Your direction. You may not impose any |
| 392 | further restrictions on the exercise of the rights granted or affirmed |
| 393 | under this License. |
| 394 | |
| 395 | ### 5.0 Moral rights |
| 396 | |
| 397 | 5.1 Moral rights. This section covers moral rights, including any rights |
| 398 | to be identified as the author of the Database or to object to treatment |
| 399 | that would otherwise prejudice the author`s honour and reputation, or |
| 400 | any other derogatory treatment: |
| 401 | |
| 402 | a. For jurisdictions allowing waiver of moral rights, Licensor waives |
| 403 | all moral rights that Licensor may have in the Database to the fullest |
| 404 | extent possible by the law of the relevant jurisdiction under Section |
| 405 | 10.4; |
| 406 | |
| 407 | b. If waiver of moral rights under Section 5.1 a in the relevant |
| 408 | jurisdiction is not possible, Licensor agrees not to assert any moral |
| 409 | rights over the Database and waives all claims in moral rights to the |
| 410 | fullest extent possible by the law of the relevant jurisdiction under |
| 411 | Section 10.4; and |
| 412 | |
| 413 | c. For jurisdictions not allowing waiver or an agreement not to assert |
| 414 | moral rights under Section 5.1 a and b, the author may retain their |
| 415 | moral rights over certain aspects of the Database. |
| 416 | |
| 417 | Please note that some jurisdictions do not allow for the waiver of moral |
| 418 | rights, and so moral rights may still subsist over the Database in some |
| 419 | jurisdictions. |
| 420 | |
| 421 | ### 6.0 Fair dealing, Database exceptions, and other rights not affected |
| 422 | |
| 423 | 6.1 This License does not affect any rights that You or anyone else may |
| 424 | independently have under any applicable law to make any use of this |
| 425 | Database, including without limitation: |
| 426 | |
| 427 | a. Exceptions to the Database Right including: Extraction of Contents |
| 428 | from non-electronic Databases for private purposes, Extraction for |
| 429 | purposes of illustration for teaching or scientific research, and |
| 430 | Extraction or Re-utilisation for public security or an administrative |
| 431 | or judicial procedure. |
| 432 | |
| 433 | b. Fair dealing, fair use, or any other legally recognised limitation |
| 434 | or exception to infringement of copyright or other applicable laws. |
| 435 | |
| 436 | 6.2 This License does not affect any rights of lawful users to Extract |
| 437 | and Re-utilise insubstantial parts of the Contents, evaluated |
| 438 | quantitatively or qualitatively, for any purposes whatsoever, including |
| 439 | creating a Derivative Database (subject to other rights over the |
| 440 | Contents, see Section 2.4). The repeated and systematic Extraction or |
| 441 | Re-utilisation of insubstantial parts of the Contents may however amount |
| 442 | to the Extraction or Re-utilisation of a Substantial part of the |
| 443 | Contents. |
| 444 | |
| 445 | ### 7.0 Warranties and Disclaimer |
| 446 | |
| 447 | 7.1 The Database is licensed by the Licensor "as is" and without any |
| 448 | warranty of any kind, either express, implied, or arising by statute, |
| 449 | custom, course of dealing, or trade usage. Licensor specifically |
| 450 | disclaims any and all implied warranties or conditions of title, |
| 451 | non-infringement, accuracy or completeness, the presence or absence of |
| 452 | errors, fitness for a particular purpose, merchantability, or otherwise. |
| 453 | Some jurisdictions do not allow the exclusion of implied warranties, so |
| 454 | this exclusion may not apply to You. |
| 455 | |
| 456 | ### 8.0 Limitation of liability |
| 457 | |
| 458 | 8.1 Subject to any liability that may not be excluded or limited by law, |
| 459 | the Licensor is not liable for, and expressly excludes, all liability |
| 460 | for loss or damage however and whenever caused to anyone by any use |
| 461 | under this License, whether by You or by anyone else, and whether caused |
| 462 | by any fault on the part of the Licensor or not. This exclusion of |
| 463 | liability includes, but is not limited to, any special, incidental, |
| 464 | consequential, punitive, or exemplary damages such as loss of revenue, |
| 465 | data, anticipated profits, and lost business. This exclusion applies |
| 466 | even if the Licensor has been advised of the possibility of such |
| 467 | damages. |
| 468 | |
| 469 | 8.2 If liability may not be excluded by law, it is limited to actual and |
| 470 | direct financial loss to the extent it is caused by proved negligence on |
| 471 | the part of the Licensor. |
| 472 | |
| 473 | ### 9.0 Termination of Your rights under this License |
| 474 | |
| 475 | 9.1 Any breach by You of the terms and conditions of this License |
| 476 | automatically terminates this License with immediate effect and without |
| 477 | notice to You. For the avoidance of doubt, Persons who have received the |
| 478 | Database, the whole or a Substantial part of the Contents, Derivative |
| 479 | Databases, or the Database as part of a Collective Database from You |
| 480 | under this License will not have their licenses terminated provided |
| 481 | their use is in full compliance with this License or a license granted |
| 482 | under Section 4.8 of this License. Sections 1, 2, 7, 8, 9 and 10 will |
| 483 | survive any termination of this License. |
| 484 | |
| 485 | 9.2 If You are not in breach of the terms of this License, the Licensor |
| 486 | will not terminate Your rights under it. |
| 487 | |
| 488 | 9.3 Unless terminated under Section 9.1, this License is granted to You |
| 489 | for the duration of applicable rights in the Database. |
| 490 | |
| 491 | 9.4 Reinstatement of rights. If you cease any breach of the terms and |
| 492 | conditions of this License, then your full rights under this License |
| 493 | will be reinstated: |
| 494 | |
| 495 | a. Provisionally and subject to permanent termination until the 60th |
| 496 | day after cessation of breach; |
| 497 | |
| 498 | b. Permanently on the 60th day after cessation of breach unless |
| 499 | otherwise reasonably notified by the Licensor; or |
| 500 | |
| 501 | c. Permanently if reasonably notified by the Licensor of the |
| 502 | violation, this is the first time You have received notice of |
| 503 | violation of this License from the Licensor, and You cure the |
| 504 | violation prior to 30 days after your receipt of the notice. |
| 505 | |
| 506 | Persons subject to permanent termination of rights are not eligible to |
| 507 | be a recipient and receive a license under Section 4.8. |
| 508 | |
| 509 | 9.5 Notwithstanding the above, Licensor reserves the right to release |
| 510 | the Database under different license terms or to stop distributing or |
| 511 | making available the Database. Releasing the Database under different |
| 512 | license terms or stopping the distribution of the Database will not |
| 513 | withdraw this License (or any other license that has been, or is |
| 514 | required to be, granted under the terms of this License), and this |
| 515 | License will continue in full force and effect unless terminated as |
| 516 | stated above. |
| 517 | |
| 518 | ### 10.0 General |
| 519 | |
| 520 | 10.1 If any provision of this License is held to be invalid or |
| 521 | unenforceable, that must not affect the validity or enforceability of |
| 522 | the remainder of the terms and conditions of this License and each |
| 523 | remaining provision of this License shall be valid and enforced to the |
| 524 | fullest extent permitted by law. |
| 525 | |
| 526 | 10.2 This License is the entire agreement between the parties with |
| 527 | respect to the rights granted here over the Database. It replaces any |
| 528 | earlier understandings, agreements or representations with respect to |
| 529 | the Database. |
| 530 | |
| 531 | 10.3 If You are in breach of the terms of this License, You will not be |
| 532 | entitled to rely on the terms of this License or to complain of any |
| 533 | breach by the Licensor. |
| 534 | |
| 535 | 10.4 Choice of law. This License takes effect in and will be governed by |
| 536 | the laws of the relevant jurisdiction in which the License terms are |
| 537 | sought to be enforced. If the standard suite of rights granted under |
| 538 | applicable copyright law and Database Rights in the relevant |
| 539 | jurisdiction includes additional rights not granted under this License, |
| 540 | these additional rights are granted in this License in order to meet the |
| 541 | terms of this License. |
| 542 | |
| 543 | |