/Docs/G/Microsoft/Community-Data-License-Agreements/CDLA-Sharing-1.0/Form/0.md
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# Community Data License Agreement - Sharing - Version 1.0 =
This is the Community Data License Agreement – Sharing, Version 1.0 =
("Agreement"). Data is provided to You under this Agreement by each of the Data =
Providers. Your exercise of any of the rights and permissions granted below =
constitutes Your acceptance and agreement to be bound by the terms and =
conditions of this Agreement. =
The benefits that each Data Provider receives from making Data available and =
that You receive from Data or otherwise under these terms and conditions shall =
be deemed sufficient consideration for the formation of this Agreement. =
Accordingly, Data Provider(s) and You (the "Parties") agree as follows: =
## Section 1. Definitions =
1.1 "Add" means to supplement Data with Your own or someone else's Data, =
resulting in Your "Additions." Additions do not include Results. =
1.2 "Computational Use" means Your analysis (through the use of computational =
devices or otherwise) or other interpretation of Data. By way of example and =
not limitation, "Computational Use" includes the application of any =
computational analytical technique, the purpose of which is the analysis of =
any Data in digital form to generate information about Data such as patterns, =
trends, correlations, inferences, insights and attributes. =
1.3 "Data" means the information (including copyrightable information, such as =
images or text), collectively or individually, whether created or gathered by =
a Data Provider or an Entity acting on its behalf, to which rights are granted =
under this Agreement. =
1.4 "Data Provider" means any Entity (including any employee or contractor of =
such Entity authorized to Publish Data on behalf of such Entity) that =
Publishes Data under this Agreement prior to Your Receiving it. =
1.5 "Enhanced Data" means the subset of Data that You Publish and that is =
composed of (a) Your Additions and/or (b) Modifications to Data You have =
received under this Agreement. =
1.6 "Entity" means any natural person or organization that exists under the laws =
of the jurisdiction in which it is organized, together with all other entities =
that control, are controlled by, or are under common control with that entity. =
For the purposes of this definition, "control" means (a) the power, directly =
or indirectly, to cause the direction or management of such entity, whether by =
contract or otherwise, (b) the ownership of more than fifty percent (50%) of =
the outstanding shares or securities, (c) the beneficial ownership of such =
entity or, (d) the ability to appoint, whether by agreement or right, the =
majority of directors of an Entity. =
1.7 "Ledger" means a digital record of Data or grants of rights in Data governed =
by this Agreement, using any technology having functionality to record and =
store Data or grants, contributions, or licenses to Data governed by this =
Agreement. =
1.8 "Modify" means to delete, erase, correct or re-arrange Data, resulting in =
"Modifications." Modifications do not include Results. =
1.9 "Publish" means to make all or a subset of Data (including Your Enhanced =
Data) available in any manner which enables its Use, including by providing a =
copy on physical media or remote access. For any form of Entity, that is to =
make the Data available to any individual who is not employed by that Entity =
or engaged as a contractor or agent to perform work on that Entity's behalf. =
A "Publication" occurs each time You Publish Data. =
1.10 "Receive" or "Receives" means to have been given access to Data, locally or =
remotely. =
1.11 "Results" means the outcomes or outputs that You obtain from Your =
Computational Use of Data. Results shall not include more than a _de minimis_ =
portion of the Data on which the Computational Use is based. =
1.12 "Sui Generis Database Rights" means rights, other than copyright, resulting =
from Directive 96/9/EC of the European Parliament and of the Council of =
11 March 1996 on the legal protection of databases, as amended and/or =
succeeded, as well as other equivalent rights anywhere in the world. =
1.13 "Use" means using Data (including accessing, copying, studying, reviewing, =
adapting, analyzing, evaluating, or making Computational Use of it), either by =
machines or humans, or a combination of both. =
1.14 "You" or "Your" means any Entity that Receives Data under this Agreement. =
## Section 2. Right and License to Use and to Publish =
2.1 Subject to the conditions set forth in Section 3 of this Agreement, Data =
Provider(s) hereby grant(s) to You a worldwide, non-exclusive, irrevocable =
(except as provided in Section 5) right to: (a) Use Data; and (b) Publish =
Data. =
2.2 To the extent that the Data or the coordination, selection or arrangement of =
Data is protected or protectable under copyright, Sui Generis Database Rights, =
or other law, Data Provider(s) further agree(s) that such Data or =
coordination, selection or arrangement is hereby licensed to You and to anyone =
else who Receives Data under this Agreement for Use and Publication, subject =
to the conditions set forth in Section 3 of this Agreement. =
2.3 Except for these rights and licenses expressly granted, no other =
intellectual property rights are granted or should be implied. =
## Section 3. Conditions on Rights Granted =
3.1 If You Publish Data You Receive or Enhanced Data: =
(a) The Data (including the Enhanced Data) must be Published under this =
Agreement in accordance with this Section 3; and =
(b) You must cause any Data files containing Enhanced Data to carry prominent =
notices that You have changed those files; and =
(c) If You Publish Data You Receive, You must preserve all credit or =
attribution to the Data Provider(s). Such retained credit or attribution =
includes any of the following to the extent they exist in Data as You have =
Received it: legal notices or metadata; identification of the Data =
Provider(s); or hyperlinks to Data to the extent it is practical to do so. =
3.2 You may not restrict or deter the ability of anyone who Receives the Data =
(a) to Publish the Data in a publicly-accessible manner or (b) if the project =
has designated a Ledger for recording Data or grants of rights in Data for =
purposes of this Agreement, to record the Data or grants of rights in Data in =
the Ledger. =
3.3 If You Publish Data You Receive, You must do so under an unmodified form of =
this Agreement and include the text of this Agreement, the name of this =
Agreement and/or a hyperlink or other method reasonably likely to provide a =
copy of the text of this Agreement. You may not modify this Agreement or =
impose any further restrictions on the exercise of the rights granted under =
this Agreement, including by adding any restriction on commercial or =
non-commercial Use of Data (including Your Enhanced Data) or by limiting =
permitted Use of such Data to any particular platform, technology or field of =
endeavor. Notices that purport to modify this Agreement shall be of no =
effect. =
3.4 You and each Data Provider agree that Enhanced Data shall not be considered =
a work of joint authorship by virtue of its relationship to Data licensed =
under this Agreement and shall not require either any obligation of accounting =
to or the consent of any Data Provider. =
3.5 This Agreement imposes no obligations or restrictions on Your Use or =
Publication of Results. =
## Section 4. Data Provider(s)' Representations =
4.1 Each Data Provider represents that the Data Provider has exercised =
reasonable care, to assure that: (a) the Data it Publishes was created or =
generated by it or was obtained from others with the right to Publish the Data =
under this Agreement; and (b) Publication of such Data does not violate any =
privacy or confidentiality obligation undertaken by the Data Provider. =
## Section 5. Termination =
5.1 All of Your rights under this Agreement will terminate, and Your right to =
Receive, Use or Publish the Data will be revoked or modified if You materially =
fail to comply with the terms and conditions of this Agreement and You do not =
cure such failure in a reasonable period of time after becoming aware of such =
noncompliance. If Your rights under this Agreement terminate, You agree to =
cease Receipt, Use and Publication of Data. However, Your obligations and any =
rights and permissions granted by You under this Agreement relating to Data =
that You Published prior to such termination will continue and survive. =
5.2 If You institute litigation against a Data Provider or anyone else who =
Receives the Data (including a cross-claim in a lawsuit) based on the Data, =
other than a claim asserting breach of this Agreement, then any rights =
previously granted to You to Receive, Use and Publish Data under this =
Agreement will terminate as of the date such litigation is filed. =
## Section 6. Disclaimer of Warranties and Limitation of Liability =
6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE DATA (INCLUDING =
ENHANCED DATA) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR =
CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT =
LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, =
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. =
6.2 NEITHER YOU NOR ANY DATA PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, =
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING =
WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF =
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING =
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF =
THE DATA OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF =
THE POSSIBILITY OF SUCH DAMAGES. =
## Section 7. Miscellaneous =
7.1 You agree that it is solely Your responsibility to comply with all =
applicable laws with regard to Your Use or Publication of Data, including any =
applicable privacy, data protection, security and export laws. You agree to =
take reasonable steps to assist a Data Provider fulfilling responsibilities to =
comply with applicable laws with regard to Use or Publication of Data Received =
hereunder. =
7.2 You and Data Provider(s), collectively and individually, waive and/or agree =
not to assert, to the extent permitted by law, any moral rights You or they =
hold in Data. =
7.3 This Agreement confers no rights or remedies upon any person or entity other =
than the Parties and their respective heirs, executors, successors and =
assigns. =
7.4 The Data Provider(s) reserve no right or expectation of privacy, data =
protection or confidentiality in any Data that they Publish under this =
Agreement. If You choose to Publish Data under this Agreement, You similarly =
do so with no reservation or expectation of any rights of privacy or =
confidentiality in that Data. =
7.5 The Community Data License Agreement workgroup under The Linux Foundation is =
the steward of this Agreement ("Steward"). No one other than the Steward has =
the right to modify or publish new versions of this Agreement. Each version =
will be given a distinguishing version number. You may Use and Publish Data =
Received hereunder under the terms of the version of the Agreement under which =
You originally Received the Data, or under the terms of any subsequent version =
published by the Steward. =