# 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. | = |