Open Data Commons – Factual information licence (draft)
NOTE: This licence is intended to be applied only to factual information.
"The Licensor" (the Person offering the Work under the terms and conditions of this Licence)
and
"You" (the Person acquiring rights under this Licence)
agree as follows:
"Person" – Means a natural or legal person or a body of persons corporate or incorporate.
"Use" – As a verb, means doing any act that is restricted by copyright, whether in the original medium or any other; and includes modifying the Work as may be technically necessary to use it in a different mode or format. This includes the right to sublicense the work.
"Work" – Means the work, as protected by copyright and neighbouring rights, that is offered under the terms of this Licence, and includes the Work as incorporated in any collective Work.
2.1 The Licensor grants to You a worldwide, royalty-free, non-exclusive, licence to Use the Work for the duration of any applicable copyright. These rights explicitly include commercial use, and do not exclude any field of endeavour. To the extent possible in the relevant jurisdiction, these rights may be exercised in all media and formats whether now known or created in the future.
2.2 The rights granted in Section 2.1 above are expressly made subject to and limited by the following restriction.
a. You must include a copy of this Licence with the Work in a location reasonably calculated to make others aware of it.
2.3 Relationship to databases. This licence does not cover any Database Rights or Database copyright over the Work if it is collected into a Database.
2.4 Facts are free. The Licensor takes the position that factual information is not covered by copyright and neighbouring rights. This Licence grants you permission to Use the Work in jurisdictions that may protect the factual information in the Work by copyright, and to cover any other copyrighted information contained in the Work.
Moral rights
3.1 To the extent possible, Licensor waives all moral rights that Licensor may have in the Work, including the right to be identified as the author of the Work or to object to treatment that would otherwise prejudice the author's honour and reputation, or any other derogatory treatment. If waiver is not possible, Licensor agrees not to assert any moral rights mentioned above over the Work.
Fair dealing and other rights not affected
4.1 This Licence does not affect any rights that You or anyone else may independently have under
any applicable law to make any use of this Work, including fair dealing, fair use, or any other legally recognised limitation or exception to infringement of copyright infringement or other applicable laws.
5.1 The Database is licensed by the Licensor "as is" and without any warranty of any kind, either
express or implied, whether of title, of accuracy, of the presence of absence of errors, of fitness for purpose, or otherwise. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to You.
5.2 Subject to any liability that may not be excluded or limited by law, the Licensor is not
liable for, and expressly excludes, all liability for loss or damage however and whenever caused to
anyone by any use under this Licence, whether by You or by anyone else, and whether caused by
any fault on the part of the Licensor or not. This exclusion of liability includes, but is not limited to, any special, incidental, consequential, punitive, or exemplary damages. This exclusion applies even if the Licensor has been advised of the possibility of such damages.
5.3 If liability may not be excluded by law, it is limited to actual and direct financial loss to the extent it is caused by proved negligence on the part of the Licensor.
6.1 If any provision of this Licence is held to be invalid or unenforceable, that must not affect the
validity or enforceability of the remainder of the terms of this Licence.
6.2 This Licence is the entire agreement between the parties with respect to the Work licensed here. It replaces any earlier understandings, agreements or representations with respect to the Work not specified here.
6.3 This Licence takes effect in the relevant jurisdiction in which the Licence terms are sought to be enforced. If the standard suite of rights granted under applicable copyright law in the relevant jurisdiction includes additional rights not granted under this Licence, these additional rights are included in this Licence in order to meet the terms of this Licence.
Annotation
This section, rather than having a choice of law clause, allows the law of the jurisdiction where rights are being enforced to supply applicable law.