/Docs/G/CDLA-IO/Permissive-1-0.md
  Source views: Source JSON(ish) on GitHub (VSCode)   Doc views: Document (&k=r00t): Visual Print Technical: OpenParameters Xray
(Sec = (Ti =
(Doc.Ti = Community Data License Agreement – Permissive – Version 1.0)
)


(sec = (Intro.sec = (Intro.0.sec = )
(Intro.xlist =
  • (Intro.secs = (Intro.1.sec = This is the (Doc.Ti = Community Data License Agreement – Permissive – Version 1.0)
    (“(DefT.Agreement = (_Agreement = Agreement)
    )

    ”). (_Data = Data)
    is provided to (_You = You)
    under this (_Agreement = Agreement)
    by each of the (_Data_Provider = Data Provider)
    s. (_Your = Your)
    exercise of any of the rights and permissions granted below constitutes (_Your = Your)
    acceptance and agreement to be bound by the terms and conditions of this (_Agreement = Agreement)
    .)

  • (Intro.2.sec = The benefits that each (_Data_Provider = Data Provider)
    receives from making (_Data = Data)
    available and that (_You = You)
    receive from (_Data = Data)
    or otherwise under these terms and conditions shall be deemed sufficient consideration for the formation of this (_Agreement = Agreement)
    . Accordingly, (_Data_Provider = Data Provider)
    (s) and (_You = You)
    (the “(DefT.Parties = (_Parties = Parties)
    )

    ”) agree as follows:)

    )
)

(Intro.00.sec = )
)


  1. (Def.Sec = (Def.Ti = Definitions)

    (Def.sec = (Def.0.sec = )
    (Def.xlist = (Def.Olist =
    1. (Def.Secs = (Def.secs = (Def.1.sec = “(DefT.Add = (_Add = Add)
      )

      ” means to supplement (_Data = Data)
      with (_Your = Your)
      own or someone else’s (_Data = Data)
      , resulting in (_Your = Your)
      (DefT.Addition = (_Addition = Addition)
      )

      s.” (_Addition = Addition)
      s do not include (_Result = Result)
      s.)

    2. (Def.2.sec = “(DefT.Computational_Use = (_Computational_Use = Computational Use)
      )

      ” means (_Your = Your)
      analysis (through the use of computational devices or otherwise) or other interpretation of (_Data = Data)
      . By way of example and not limitation, “(_Computational_Use = Computational Use)
      ” includes the application of any computational analytical technique, the purpose of which is the analysis of any (_Data = Data)
      in digital form to generate information about (_Data = Data)
      such as patterns, trends, correlations, inferences, insights and attributes.)

    3. (Def.3.sec = “(DefT.Data = (_Data = Data)
      )

      ” means the information (including copyrightable information, such as images or text), collectively or individually, whether created or gathered by a (_Data_Provider = Data Provider)
      or an (_Entity = Entity)
      acting on its behalf, to which rights are granted under this (_Agreement = Agreement)
      .)

    4. (Def.4.sec = “(DefT.Data_Provider = (_Data_Provider = Data Provider)
      )

      ” means any (_Entity = Entity)
      (including any employee or contractor of such (_Entity = Entity)
      authorized to (_Publish = Publish)
      (_Data = Data)
      on behalf of such (_Entity = Entity)
      ) that (_Publish = Publish)
      es (_Data = Data)
      under this (_Agreement = Agreement)
      prior to (_Your = Your)
      (_Receiving = Receiving)
      it.)

    5. (Def.5.sec = (Def.5.0.sec = “(DefT.Enhanced_Data = (_Enhanced_Data = Enhanced Data)
      )

      ” means the subset of (_Data = Data)
      that (_You = You)
      (_Publish = Publish)
      and that is composed of)

      (Def.5.xlist =
      1. (Def.5.secs = (Def.5.1.sec = (_Your = Your)
        (_Addition = Addition)
        s and/or)

      2. (Def.5.2.sec = (_Modification = Modification)
        s to (_Data = Data)
        (_You = You)
        have received under this (_Agreement = Agreement)
        .)

        )
      )

      (Def.5.00.sec = )
      )

    6. (Def.6.sec = (Def.6.0.sec = “(DefT.Entity = (_Entity = 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)

      (Def.6.xlist =
      1. (Def.6.secs = (Def.6.1.sec = the power, directly or indirectly, to cause the direction or management of such entity, whether by contract or otherwise,)
      2. (Def.6.2.sec = the ownership of more than fifty percent (50%) of the outstanding shares or securities,)
      3. (Def.6.3.sec = the beneficial ownership of such entity or,)
      4. (Def.6.4.sec = the ability to appoint, whether by agreement or right, the majority of directors of an (_Entity = Entity)
        .)

        )
      )

      (Def.6.00.sec = )
      )

    7. (Def.8.sec = “(DefT.Modify = (_Modify = Modify )
      )

      ” means to delete, erase, correct or re-arrange (_Data = Data)
      , resulting in “(DefT.Modification = (_Modification = Modification)
      )

      s.” (_Modification = Modification)
      s do not include (_Result = Result)
      s.)

    8. (Def.9.sec = “(DefT.Publish = (_Publish = Publish)
      )

      ” means to make all or a subset of (_Data = Data)
      (including (_Your = Your)
      (_Enhanced_Data = Enhanced Data)
      ) available in any manner which enables its (_Use = Use)
      , including by providing a copy on physical media or remote access. For any form of (_Entity = Entity)
      , that is to make the (_Data = Data)
      available to any individual who is not employed by that (_Entity = Entity)
      or engaged as a contractor or agent to perform work on that (_Entity = Entity)
      ’s behalf. A “(DefT.Publication = (_Publication = Publication)
      )

      ” occurs each time (_You = You)
      (_Publish = Publish)
      (_Data = Data)
      .)

    9. (Def.10.sec = “(DefT.Receive = (_Receive = Receive)
      )

      ” or “(_Receive = Receive)
      s” means to have been given access to (_Data = Data)
      , locally or remotely.)

    10. (Def.11.sec = “(DefT.Result = (_Result = Result)
      )

      s” means the outcomes or outputs that (_You = You)
      obtain from (_Your = Your)
      (_Computational_Use = Computational Use)
      of (_Data = Data)
      . (_Result = Result)
      s shall not include more than a de minimis portion of the (_Data = Data)
      on which the (_Computational_Use = Computational Use)
      is based.)

    11. (Def.12.sec = “(DefT.Sui_Generis_Database_Right = (_Sui_Generis_Database_Right = Sui Generis Database Right)
      )

      s” 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.)

    12. (Def.13.sec = “(DefT.Use = (_Use = Use)
      )

      ” means using (_Data = Data)
      (including accessing, copying, studying, reviewing, adapting, analyzing, evaluating, or making (_Computational_Use = Computational Use)
      of it), either by machines or humans, or a combination of both.)

    13. (Def.14.sec = “(DefT.You = (_You = You)
      )

      ” or “(_Your = Your)
      ” means any (_Entity = Entity)
      that (_Receive = Receive)
      s (_Data = Data)
      under this (_Agreement = Agreement)
      .)

      )
      )
    )

    )

    (Def.00.sec = )
    )

    )

  2. (License.Sec = (License.Ti = Right and License to (_Use = Use)
    and to (_Publish = Publish)
    )


    (License.sec = (License.0.sec = )
    (License.xlist = (License.Olist =
    1. (License.Secs = (License.secs = (License.1.sec = (License.1.0.sec = Subject to the conditions set forth in Section 3 of this (_Agreement = Agreement)
      , (_Data_Provider = Data Provider)
      (s) hereby grant(s) to (_You = You)
      a worldwide, non-exclusive, irrevocable (except as provided in Section 5) right to:)

      (License.1.xlist =
      1. (License.1.secs = (License.1.1.sec = (_Use = Use)
        (_Data = Data)
        ; and)

      2. (License.1.2.sec = (_Publish = Publish)
        (_Data = Data)
        .)

        )
      )

      (License.1.00.sec = )
      )

    2. (License.2.sec = To the extent that the (_Data = Data)
      or the coordination, selection or arrangement of (_Data = Data)
      is protected or protectable under copyright, (_Sui_Generis_Database_Right = Sui Generis Database Right)
      s, or other law, (_Data_Provider = Data Provider)
      (s) further agree(s) that such (_Data = Data)
      or coordination, selection or arrangement is hereby licensed to (_You = You)
      and to anyone else who (_Receive = Receive)
      s (_Data = Data)
      under this (_Agreement = Agreement)
      for (_Use = Use)
      and (_Publication = Publication)
      , subject to the conditions set forth in Section 3 of this (_Agreement = Agreement)
      .)

    3. (License.3.sec = Except for these rights and licenses expressly granted, no other intellectual property rights are granted or should be implied.)
      )
      )
    )

    )

    (License.00.sec = )
    )

    )

  3. (Sublicense.Sec = (Sublicense.Ti = Conditions on Rights Granted)

    (Sublicense.sec =
    1. (Sublicense.1.sec = (Sublicense.1.0.sec = If (_You = You)
      (_Publish = Publish)
      (_Data = Data)
      (_You = You)
      (_Receive = Receive)
      or (_Enhanced_Data = Enhanced Data)
      :)

      (Sublicense.1.xlist =
      1. (Sublicense.1.secs = (Sublicense.1.1.sec = You may do so under a license of Your choice provided that You give anyone who Receives the Data from You 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; and)
      2. (Sublicense.1.2.sec = You may provide additional or different license terms and conditions for use, reproduction, or distribution of that Enhanced Data, or for any combination of Data and Enhanced Data as a whole, provided that Your Use and Publication of that combined Data otherwise complies with the conditions stated in this License.)
      3. (Sublicense.1.3.sec = (Sublicense.1.3.0.sec = If (_You = You)
        (_Publish = Publish)
        (_Data = Data)
        (_You = You)
        (_Receive = Receive)
        , (_You = You)
        must preserve all credit or attribution to the (_Data_Provider = Data Provider)
        (s). Such retained credit or attribution includes any of the following to the extent they exist in (_Data = Data)
        as (_You = You)
        have (_Receive = Receive)
        d it:)

        (Sublicense.1.3.xlist =
        • (Sublicense.1.3.secs = (Sublicense.1.3.1.sec = legal notices or metadata;)
        • (Sublicense.1.3.2.sec = identification of the (_Data_Provider = Data Provider)
          (s); or)

        • (Sublicense.1.3.3.sec = hyperlinks to (_Data = Data)
          to the extent it is practical to do so.)

          )
        )

        (Sublicense.1.3.00.sec = )
        )

        )
      )

      (Sublicense.1.00.sec = )
      )

    2. (Sublicense.2.sec = (Sublicense.2.0.sec = (_You = You)
      may not restrict or deter the ability of anyone who (_Receive = Receive)
      s the (_Data = Data)
      )

      (Sublicense.2.xlist =
      1. (Sublicense.2.secs = (Sublicense.2.1.sec = to (_Publish = Publish)
        the (_Data = Data)
        in a publicly-accessible manner or)

      2. (Sublicense.2.2.sec = if the project has designated a Ledger for recording (_Data = Data)
        or grants of rights in (_Data = Data)
        for purposes of this (_Agreement = Agreement)
        , to record the (_Data = Data)
        or grants of rights in (_Data = Data)
        in the Ledger.)

        )
      )

      (Sublicense.2.00.sec = )
      )

    3. (Sublicense.4.sec = (_You = You)
      and each (_Data_Provider = Data Provider)
      agree that (_Enhanced_Data = Enhanced Data)
      shall not be considered a work of joint authorship by virtue of its relationship to (_Data = Data)
      licensed under this (_Agreement = Agreement)
      and shall not require either any obligation of accounting to or the consent of any (_Data_Provider = Data Provider)
      .)

    4. (Sublicense.5.sec = This (_Agreement = Agreement)
      imposes no obligations or restrictions on (_Your = Your)
      (_Use = Use)
      or (_Publication = Publication)
      of (_Result = Result)
      s.)

    )

    )

  4. (RepProvider.Sec = (RepProvider.Ti = (_Data_Provider = Data Provider)
    (s)’ Representations)


    (RepProvider.sec = (RepProvider.0.sec = Each (_Data_Provider = Data Provider)
    represents that the (_Data_Provider = Data Provider)
    has exercised reasonable care, to assure that:)

    (RepProvider.xlist =
    1. (RepProvider.secs = (RepProvider.1.sec = the (_Data = Data)
      it (_Publish = Publish)
      es was created or generated by it or was obtained from others with the right to (_Publish = Publish)
      the (_Data = Data)
      under this (_Agreement = Agreement)
      ; and)

    2. (RepProvider.2.sec = (_Publication = Publication)
      of such (_Data = Data)
      does not violate any privacy or confidentiality obligation undertaken by the (_Data_Provider = Data Provider)
      .)

      )
    )

    (RepProvider.00.sec = )
    )

    )

  5. (LifeStop.Sec = (LifeStop.Ti = Termination)

    (LifeStop.sec = (LifeStop.0.sec = )
    (LifeStop.xlist = (LifeStop.Olist =
    1. (LifeStop.Secs = (LifeStop.secs = (LifeStop.1.sec = All of (_Your = Your)
      rights under this (_Agreement = Agreement)
      will terminate, and (_Your = Your)
      right to (_Receive = Receive)
      , (_Use = Use)
      or (_Publish = Publish)
      the (_Data = Data)
      will be revoked or modified if (_You = You)
      materially fail to comply with the terms and conditions of this (_Agreement = Agreement)
      and (_You = You)
      do not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If (_Your = Your)
      rights under this (_Agreement = Agreement)
      terminate, (_You = You)
      agree to cease (_Receipt = Receipt)
      , (_Use = Use)
      and (_Publication = Publication)
      of (_Data = Data)
      . However, (_Your = Your)
      obligations and any rights and permissions granted by (_You = You)
      under this (_Agreement = Agreement)
      relating to (_Data = Data)
      that (_You = You)
      (_Publish = Publish)
      ed prior to such termination will continue and survive.)

    2. (LifeStop.2.sec = If (_You = You)
      institute litigation against a (_Data_Provider = Data Provider)
      or anyone else who (_Receive = Receive)
      s the (_Data = Data)
      (including a cross-claim in a lawsuit) based on the (_Data = Data)
      , other than a claim asserting breach of this (_Agreement = Agreement)
      , then any rights previously granted to (_You = You)
      to (_Receive = Receive)
      , (_Use = Use)
      and (_Publish = Publish)
      (_Data = Data)
      under this (_Agreement = Agreement)
      will terminate as of the date such litigation is filed.)

      )
      )
    )

    )

    (LifeStop.00.sec = )
    )

    )

  6. (LimitLiability.Sec = (LimitLiability.Ti = Disclaimer of Warranties and Limitation of Liability)

    (LimitLiability.sec = (LimitLiability.0.sec = )
    (LimitLiability.xlist = (LimitLiability.Olist =
    1. (LimitLiability.Secs = (LimitLiability.secs = (LimitLiability.1.sec = Except as expressly set forth in this (_Agreement = Agreement)
      , the (_Data = 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.
      )

    2. (LimitLiability.2.sec = Neither you nor any (_Data_Provider = Data Provider)
      s 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.
      )

      )
      )
    )

    )

    (LimitLiability.00.sec = )
    )

    )

  7. (Misc.Sec = (Misc.Ti = Miscellaneous)

    (Misc.sec = (Misc.0.sec = )
    (Misc.xlist = (Misc.Olist =
    1. (Misc.Secs = (Misc.secs = (Misc.1.sec = (_You = You)
      agree that it is solely (_Your = Your)
      responsibility to comply with all applicable laws with regard to (_Your = Your)
      (_Use = Use)
      or (_Publication = Publication)
      of (_Data = Data)
      , including any applicable privacy, data protection, security and export laws. (_You = You)
      agree to take reasonable steps to assist a (_Data_Provider = Data Provider)
      fulfilling responsibilities to comply with applicable laws with regard to (_Use = Use)
      or (_Publication = Publication)
      of (_Data = Data)
      (_Receive = Receive)
      d hereunder.)

    2. (Misc.2.sec = (_You = You)
      and (_Data_Provider = Data Provider)
      (s), collectively and individually, waive and/or agree not to assert, to the extent permitted by law, any moral rights (_You = You)
      or they hold in (_Data = Data)
      .)

    3. (Misc.3.sec = This (_Agreement = Agreement)
      confers no rights or remedies upon any person or entity other than the (_Parties = Parties)
      and their respective heirs, executors, successors and assigns.)

    4. (Misc.4.sec = The (_Data_Provider = Data Provider)
      (s) reserve no right or expectation of privacy, data protection or confidentiality in any (_Data = Data)
      that they (_Publish = Publish)
      under this (_Agreement = Agreement)
      . If (_You = You)
      choose to (_Publish = Publish)
      (_Data = Data)
      under this (_Agreement = Agreement)
      , (_You = You)
      similarly do so with no reservation or expectation of any rights of privacy or confidentiality in that (_Data = Data)
      .)

    5. (Misc.5.sec = The Community Data License (_Agreement = Agreement)
      workgroup under The Linux Foundation is the steward of this (_Agreement = Agreement)
      (“(DefT.Steward = (_Steward = Steward)
      )

      ”). No one other than the (_Steward = Steward)
      has the right to modify or publish new versions of this (_Agreement = Agreement)
      . Each version will be given a distinguishing version number. (_You = You)
      may (_Use = Use)
      and (_Publish = Publish)
      (_Data = Data)
      (_Receive = Receive)
      d hereunder under the terms of the version of the (_Agreement = Agreement)
      under which (_You = You)
      originally (_Receive = Receive)
      d the (_Data = Data)
      , or under the terms of any subsequent version published by the (_Steward = Steward)
      .)

      )
      )
    )

    )

    (Misc.00.sec = )
    )

    )

)

)