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| 1 | +# Community Data License Agreement - Sharing - Version 1.0 |
| 2 | + |
| 3 | +This is the Community Data License Agreement – Sharing, Version 1.0 |
| 4 | +("Agreement"). Data is provided to You under this Agreement by each of the Data |
| 5 | +Providers. Your exercise of any of the rights and permissions granted below |
| 6 | +constitutes Your acceptance and agreement to be bound by the terms and |
| 7 | +conditions of this Agreement. |
| 8 | + |
| 9 | +The benefits that each Data Provider receives from making Data available and |
| 10 | +that You receive from Data or otherwise under these terms and conditions shall |
| 11 | +be deemed sufficient consideration for the formation of this Agreement. |
| 12 | +Accordingly, Data Provider(s) and You (the "Parties") agree as follows: |
| 13 | + |
| 14 | +## Section 1. Definitions |
| 15 | + |
| 16 | +1.1 "Add" means to supplement Data with Your own or someone else's Data, |
| 17 | + resulting in Your "Additions." Additions do not include Results. |
| 18 | + |
| 19 | +1.2 "Computational Use" means Your analysis (through the use of computational |
| 20 | + devices or otherwise) or other interpretation of Data. By way of example and |
| 21 | + not limitation, "Computational Use" includes the application of any |
| 22 | + computational analytical technique, the purpose of which is the analysis of |
| 23 | + any Data in digital form to generate information about Data such as patterns, |
| 24 | + trends, correlations, inferences, insights and attributes. |
| 25 | + |
| 26 | +1.3 "Data" means the information (including copyrightable information, such as |
| 27 | + images or text), collectively or individually, whether created or gathered by |
| 28 | + a Data Provider or an Entity acting on its behalf, to which rights are granted |
| 29 | + under this Agreement. |
| 30 | + |
| 31 | +1.4 "Data Provider" means any Entity (including any employee or contractor of |
| 32 | + such Entity authorized to Publish Data on behalf of such Entity) that |
| 33 | + Publishes Data under this Agreement prior to Your Receiving it. |
| 34 | + |
| 35 | +1.5 "Enhanced Data" means the subset of Data that You Publish and that is |
| 36 | + composed of (a) Your Additions and/or (b) Modifications to Data You have |
| 37 | + received under this Agreement. |
| 38 | + |
| 39 | +1.6 "Entity" means any natural person or organization that exists under the laws |
| 40 | + of the jurisdiction in which it is organized, together with all other entities |
| 41 | + that control, are controlled by, or are under common control with that entity. |
| 42 | + For the purposes of this definition, "control" means (a) the power, directly |
| 43 | + or indirectly, to cause the direction or management of such entity, whether by |
| 44 | + contract or otherwise, (b) the ownership of more than fifty percent (50%) of |
| 45 | + the outstanding shares or securities, (c) the beneficial ownership of such |
| 46 | + entity or, (d) the ability to appoint, whether by agreement or right, the |
| 47 | + majority of directors of an Entity. |
| 48 | + |
| 49 | +1.7 "Ledger" means a digital record of Data or grants of rights in Data governed |
| 50 | + by this Agreement, using any technology having functionality to record and |
| 51 | + store Data or grants, contributions, or licenses to Data governed by this |
| 52 | + Agreement. |
| 53 | + |
| 54 | +1.8 "Modify" means to delete, erase, correct or re-arrange Data, resulting in |
| 55 | + "Modifications." Modifications do not include Results. |
| 56 | + |
| 57 | +1.9 "Publish" means to make all or a subset of Data (including Your Enhanced |
| 58 | + Data) available in any manner which enables its Use, including by providing a |
| 59 | + copy on physical media or remote access. For any form of Entity, that is to |
| 60 | + make the Data available to any individual who is not employed by that Entity |
| 61 | + or engaged as a contractor or agent to perform work on that Entity's behalf. |
| 62 | + A "Publication" occurs each time You Publish Data. |
| 63 | + |
| 64 | +1.10 "Receive" or "Receives" means to have been given access to Data, locally or |
| 65 | + remotely. |
| 66 | + |
| 67 | +1.11 "Results" means the outcomes or outputs that You obtain from Your |
| 68 | + Computational Use of Data. Results shall not include more than a _de minimis_ |
| 69 | + portion of the Data on which the Computational Use is based. |
| 70 | + |
| 71 | +1.12 "Sui Generis Database Rights" means rights, other than copyright, resulting |
| 72 | + from Directive 96/9/EC of the European Parliament and of the Council of |
| 73 | + 11 March 1996 on the legal protection of databases, as amended and/or |
| 74 | + succeeded, as well as other equivalent rights anywhere in the world. |
| 75 | + |
| 76 | +1.13 "Use" means using Data (including accessing, copying, studying, reviewing, |
| 77 | + adapting, analyzing, evaluating, or making Computational Use of it), either by |
| 78 | + machines or humans, or a combination of both. |
| 79 | + |
| 80 | +1.14 "You" or "Your" means any Entity that Receives Data under this Agreement. |
| 81 | + |
| 82 | +## Section 2. Right and License to Use and to Publish |
| 83 | + |
| 84 | +2.1 Subject to the conditions set forth in Section 3 of this Agreement, Data |
| 85 | + Provider(s) hereby grant(s) to You a worldwide, non-exclusive, irrevocable |
| 86 | + (except as provided in Section 5) right to: (a) Use Data; and (b) Publish |
| 87 | + Data. |
| 88 | + |
| 89 | +2.2 To the extent that the Data or the coordination, selection or arrangement of |
| 90 | + Data is protected or protectable under copyright, Sui Generis Database Rights, |
| 91 | + or other law, Data Provider(s) further agree(s) that such Data or |
| 92 | + coordination, selection or arrangement is hereby licensed to You and to anyone |
| 93 | + else who Receives Data under this Agreement for Use and Publication, subject |
| 94 | + to the conditions set forth in Section 3 of this Agreement. |
| 95 | + |
| 96 | +2.3 Except for these rights and licenses expressly granted, no other |
| 97 | + intellectual property rights are granted or should be implied. |
| 98 | + |
| 99 | +## Section 3. Conditions on Rights Granted |
| 100 | + |
| 101 | +3.1 If You Publish Data You Receive or Enhanced Data: |
| 102 | + |
| 103 | + (a) The Data (including the Enhanced Data) must be Published under this |
| 104 | + Agreement in accordance with this Section 3; and |
| 105 | + |
| 106 | + (b) You must cause any Data files containing Enhanced Data to carry prominent |
| 107 | + notices that You have changed those files; and |
| 108 | + |
| 109 | + (c) If You Publish Data You Receive, You must preserve all credit or |
| 110 | + attribution to the Data Provider(s). Such retained credit or attribution |
| 111 | + includes any of the following to the extent they exist in Data as You have |
| 112 | + Received it: legal notices or metadata; identification of the Data |
| 113 | + Provider(s); or hyperlinks to Data to the extent it is practical to do so. |
| 114 | + |
| 115 | +3.2 You may not restrict or deter the ability of anyone who Receives the Data |
| 116 | + (a) to Publish the Data in a publicly-accessible manner or (b) if the project |
| 117 | + has designated a Ledger for recording Data or grants of rights in Data for |
| 118 | + purposes of this Agreement, to record the Data or grants of rights in Data in |
| 119 | + the Ledger. |
| 120 | + |
| 121 | +3.3 If You Publish Data You Receive, You must do so under an unmodified form of |
| 122 | + this Agreement and include the text of this Agreement, the name of this |
| 123 | + Agreement and/or a hyperlink or other method reasonably likely to provide a |
| 124 | + copy of the text of this Agreement. You may not modify this Agreement or |
| 125 | + impose any further restrictions on the exercise of the rights granted under |
| 126 | + this Agreement, including by adding any restriction on commercial or |
| 127 | + non-commercial Use of Data (including Your Enhanced Data) or by limiting |
| 128 | + permitted Use of such Data to any particular platform, technology or field of |
| 129 | + endeavor. Notices that purport to modify this Agreement shall be of no |
| 130 | + effect. |
| 131 | + |
| 132 | +3.4 You and each Data Provider agree that Enhanced Data shall not be considered |
| 133 | + a work of joint authorship by virtue of its relationship to Data licensed |
| 134 | + under this Agreement and shall not require either any obligation of accounting |
| 135 | + to or the consent of any Data Provider. |
| 136 | + |
| 137 | +3.5 This Agreement imposes no obligations or restrictions on Your Use or |
| 138 | + Publication of Results. |
| 139 | + |
| 140 | +## Section 4. Data Provider(s)' Representations |
| 141 | + |
| 142 | +4.1 Each Data Provider represents that the Data Provider has exercised |
| 143 | + reasonable care, to assure that: (a) the Data it Publishes was created or |
| 144 | + generated by it or was obtained from others with the right to Publish the Data |
| 145 | + under this Agreement; and (b) Publication of such Data does not violate any |
| 146 | + privacy or confidentiality obligation undertaken by the Data Provider. |
| 147 | + |
| 148 | +## Section 5. Termination |
| 149 | + |
| 150 | +5.1 All of Your rights under this Agreement will terminate, and Your right to |
| 151 | + Receive, Use or Publish the Data will be revoked or modified if You materially |
| 152 | + fail to comply with the terms and conditions of this Agreement and You do not |
| 153 | + cure such failure in a reasonable period of time after becoming aware of such |
| 154 | + noncompliance. If Your rights under this Agreement terminate, You agree to |
| 155 | + cease Receipt, Use and Publication of Data. However, Your obligations and any |
| 156 | + rights and permissions granted by You under this Agreement relating to Data |
| 157 | + that You Published prior to such termination will continue and survive. |
| 158 | + |
| 159 | +5.2 If You institute litigation against a Data Provider or anyone else who |
| 160 | + Receives the Data (including a cross-claim in a lawsuit) based on the Data, |
| 161 | + other than a claim asserting breach of this Agreement, then any rights |
| 162 | + previously granted to You to Receive, Use and Publish Data under this |
| 163 | + Agreement will terminate as of the date such litigation is filed. |
| 164 | + |
| 165 | +## Section 6. Disclaimer of Warranties and Limitation of Liability |
| 166 | + |
| 167 | +6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE DATA (INCLUDING |
| 168 | + ENHANCED DATA) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR |
| 169 | + CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT |
| 170 | + LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, |
| 171 | + MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. |
| 172 | + |
| 173 | +6.2 NEITHER YOU NOR ANY DATA PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, |
| 174 | + INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING |
| 175 | + WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF |
| 176 | + LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING |
| 177 | + NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF |
| 178 | + THE DATA OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF |
| 179 | + THE POSSIBILITY OF SUCH DAMAGES. |
| 180 | + |
| 181 | +## Section 7. Miscellaneous |
| 182 | + |
| 183 | +7.1 You agree that it is solely Your responsibility to comply with all |
| 184 | + applicable laws with regard to Your Use or Publication of Data, including any |
| 185 | + applicable privacy, data protection, security and export laws. You agree to |
| 186 | + take reasonable steps to assist a Data Provider fulfilling responsibilities to |
| 187 | + comply with applicable laws with regard to Use or Publication of Data Received |
| 188 | + hereunder. |
| 189 | + |
| 190 | +7.2 You and Data Provider(s), collectively and individually, waive and/or agree |
| 191 | + not to assert, to the extent permitted by law, any moral rights You or they |
| 192 | + hold in Data. |
| 193 | + |
| 194 | +7.3 This Agreement confers no rights or remedies upon any person or entity other |
| 195 | + than the Parties and their respective heirs, executors, successors and |
| 196 | + assigns. |
| 197 | + |
| 198 | +7.4 The Data Provider(s) reserve no right or expectation of privacy, data |
| 199 | + protection or confidentiality in any Data that they Publish under this |
| 200 | + Agreement. If You choose to Publish Data under this Agreement, You similarly |
| 201 | + do so with no reservation or expectation of any rights of privacy or |
| 202 | + confidentiality in that Data. |
| 203 | + |
| 204 | +7.5 The Community Data License Agreement workgroup under The Linux Foundation is |
| 205 | + the steward of this Agreement ("Steward"). No one other than the Steward has |
| 206 | + the right to modify or publish new versions of this Agreement. Each version |
| 207 | + will be given a distinguishing version number. You may Use and Publish Data |
| 208 | + Received hereunder under the terms of the version of the Agreement under which |
| 209 | + You originally Received the Data, or under the terms of any subsequent version |
| 210 | + published by the Steward. |
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