Gentoo Archives: gentoo-commits

From: "Ulrich Mueller (ulm)" <ulm@g.o>
To: gentoo-commits@l.g.o
Subject: [gentoo-commits] gentoo-x86 commit in licenses: kicad-doc HSL ODbL-1.0 julius
Date: Thu, 23 Jan 2014 18:16:24
Message-Id: 20140123181620.1A8FB2004C@flycatcher.gentoo.org
1 ulm 14/01/23 18:16:20
2
3 Modified: kicad-doc HSL ODbL-1.0 julius
4 Log:
5 Whitespace, change line endings from CRLF to LF.
6
7 Revision Changes Path
8 1.2 licenses/kicad-doc
9
10 file : http://sources.gentoo.org/viewvc.cgi/gentoo-x86/licenses/kicad-doc?rev=1.2&view=markup
11 plain: http://sources.gentoo.org/viewvc.cgi/gentoo-x86/licenses/kicad-doc?rev=1.2&content-type=text/plain
12 diff : http://sources.gentoo.org/viewvc.cgi/gentoo-x86/licenses/kicad-doc?r1=1.1&r2=1.2
13
14 Index: kicad-doc
15 ===================================================================
16 RCS file: /var/cvsroot/gentoo-x86/licenses/kicad-doc,v
17 retrieving revision 1.1
18 retrieving revision 1.2
19 diff -u -r1.1 -r1.2
20 --- kicad-doc 6 Jun 2013 19:15:51 -0000 1.1
21 +++ kicad-doc 23 Jan 2014 18:16:19 -0000 1.2
22 @@ -1,61 +1,60 @@
23 - KiCad Free Documentation Licence
24 - ================================
25 -
26 - Copyright (c) jean-pierre Charras
27 - Copyright (C) KiCad Developers
28 -
29 - Everyone is permitted to copy and distribute verbatim copies
30 - of this licence document, but changing it is not allowed.
31 -
32 - KICAD FREE DOCUMENTATION LICENCE
33 - TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
34 -
35 - 1. Permission is granted to make and distribute verbatim copies of this
36 - manual or piece of documentation provided any copyright notice and this
37 - permission notice are preserved on all copies.
38 -
39 - 2. Permission is granted to process this file or document through a
40 - document processing system and, at your option and the option of any third
41 - party, print the results, provided a printed document carries a copying
42 - permission notice identical to this one.
43 -
44 - 3. Permission is granted to copy and distribute modified versions of this
45 - manual or piece of documentation under the conditions for verbatim
46 - copying, provided also that any sections describing licensing conditions
47 - for this manual, such as, in particular, the GNU General Public Licence,
48 - the GNU Library General Public Licence, and any wxWindows Licence are
49 - included exactly as in the original, and provided that the entire
50 - resulting derived work is distributed under the terms of a permission
51 - notice identical to this one.
52 -
53 - 4. Permission is granted to copy and distribute translations of this
54 - manual or piece of documentation into another language, under the above
55 - conditions for modified versions, except that sections related to
56 - licensing, including this paragraph, may also be included in translations
57 - approved by the copyright holders of the respective licence documents in
58 - addition to the original French or English.
59 -
60 - WARRANTY DISCLAIMER
61 -
62 - 5. BECAUSE THIS MANUAL OR PIECE OF DOCUMENTATION IS LICENSED FREE OF CHARGE,
63 - THERE IS NO WARRANTY FOR IT, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
64 - EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER
65 - PARTIES PROVIDE THIS MANUAL OR PIECE OF DOCUMENTATION "AS IS" WITHOUT
66 - WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
67 - LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
68 - PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
69 - THE MANUAL OR PIECE OF DOCUMENTATION IS WITH YOU. SHOULD THE MANUAL OR
70 - PIECE OF DOCUMENTATION PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL
71 - NECESSARY SERVICING, REPAIR OR CORRECTION.
72 -
73 - 6. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL
74 - ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
75 - REDISTRIBUTE THE MANUAL OR PIECE OF DOCUMENTATION AS PERMITTED ABOVE, BE
76 - LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR
77 - CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE
78 - MANUAL OR PIECE OF DOCUMENTATION (INCLUDING BUT NOT LIMITED TO LOSS OF
79 - DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD
80 - PARTIES OR A FAILURE OF A PROGRAM BASED ON THE MANUAL OR PIECE OF
81 - DOCUMENTATION TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR
82 - OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
83 -
84 + KiCad Free Documentation Licence
85 + ================================
86 +
87 +Copyright (c) jean-pierre Charras
88 +Copyright (C) KiCad Developers
89 +
90 +Everyone is permitted to copy and distribute verbatim copies
91 +of this licence document, but changing it is not allowed.
92 +
93 + KICAD FREE DOCUMENTATION LICENCE
94 + TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
95 +
96 +1. Permission is granted to make and distribute verbatim copies of this
97 +manual or piece of documentation provided any copyright notice and this
98 +permission notice are preserved on all copies.
99 +
100 +2. Permission is granted to process this file or document through a
101 +document processing system and, at your option and the option of any third
102 +party, print the results, provided a printed document carries a copying
103 +permission notice identical to this one.
104 +
105 +3. Permission is granted to copy and distribute modified versions of this
106 +manual or piece of documentation under the conditions for verbatim
107 +copying, provided also that any sections describing licensing conditions
108 +for this manual, such as, in particular, the GNU General Public Licence,
109 +the GNU Library General Public Licence, and any wxWindows Licence are
110 +included exactly as in the original, and provided that the entire
111 +resulting derived work is distributed under the terms of a permission
112 +notice identical to this one.
113 +
114 +4. Permission is granted to copy and distribute translations of this
115 +manual or piece of documentation into another language, under the above
116 +conditions for modified versions, except that sections related to
117 +licensing, including this paragraph, may also be included in translations
118 +approved by the copyright holders of the respective licence documents in
119 +addition to the original French or English.
120 +
121 + WARRANTY DISCLAIMER
122 +
123 +5. BECAUSE THIS MANUAL OR PIECE OF DOCUMENTATION IS LICENSED FREE OF CHARGE,
124 +THERE IS NO WARRANTY FOR IT, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
125 +EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER
126 +PARTIES PROVIDE THIS MANUAL OR PIECE OF DOCUMENTATION "AS IS" WITHOUT
127 +WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
128 +LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
129 +PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
130 +THE MANUAL OR PIECE OF DOCUMENTATION IS WITH YOU. SHOULD THE MANUAL OR
131 +PIECE OF DOCUMENTATION PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL
132 +NECESSARY SERVICING, REPAIR OR CORRECTION.
133 +
134 +6. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL
135 +ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
136 +REDISTRIBUTE THE MANUAL OR PIECE OF DOCUMENTATION AS PERMITTED ABOVE, BE
137 +LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR
138 +CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE
139 +MANUAL OR PIECE OF DOCUMENTATION (INCLUDING BUT NOT LIMITED TO LOSS OF
140 +DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD
141 +PARTIES OR A FAILURE OF A PROGRAM BASED ON THE MANUAL OR PIECE OF
142 +DOCUMENTATION TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR
143 +OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
144
145
146
147 1.2 licenses/HSL
148
149 file : http://sources.gentoo.org/viewvc.cgi/gentoo-x86/licenses/HSL?rev=1.2&view=markup
150 plain: http://sources.gentoo.org/viewvc.cgi/gentoo-x86/licenses/HSL?rev=1.2&content-type=text/plain
151 diff : http://sources.gentoo.org/viewvc.cgi/gentoo-x86/licenses/HSL?r1=1.1&r2=1.2
152
153 Index: HSL
154 ===================================================================
155 RCS file: /var/cvsroot/gentoo-x86/licenses/HSL,v
156 retrieving revision 1.1
157 retrieving revision 1.2
158 diff -u -r1.1 -r1.2
159 --- HSL 15 Jan 2014 19:42:40 -0000 1.1
160 +++ HSL 23 Jan 2014 18:16:19 -0000 1.2
161 @@ -1,222 +1,222 @@
162 -HSL ACADEMIC LICENCE VERSION 1.2 MAY 2011
163 -
164 -
165 -1 DEFINITIONS AND INTERPRETATION
166 -
167 -In this Agreement the following expressions have the following meanings:
168 -
169 - "Harmful means any virus, worm, time bomb, time lock, drop dead
170 - Element" device, trap and access code or anything else that
171 - might disrupt, disable, harm or impede the operation of
172 - any information system, or that might corrupt, damage,
173 - destroy or render inaccessible any software, data or
174 - file, or that may allow any unauthorised person to gain
175 - access to, any information system or any software, data
176 - or file on it;
177 -
178 - "Intellectual means patents, trade marks, service marks, registered
179 - Property" designs, copyrights, database rights, design rights,
180 - know-how, confidential information, applications for
181 - any of the above, trade secrets and any similar right
182 - recognised from time to time in any jurisdiction,
183 - together with all rights of action in relation to the
184 - infringement of any of the above;
185 -
186 - "Software" means the software and any accompanying documentation
187 - downloaded by the Licensee; and
188 -
189 - "STFC" means the Science and Technology Facilities Council,
190 - one of whose principal offices is at Rutherford
191 - Appleton Laboratory, Harwell Oxford, Didcot, OX11 0QX.
192 -
193 -2 LICENCE
194 -
195 -2.1 In consideration of the confidentiality undertakings given by the Licensee
196 - pursuant to Clause 4, STFC grants the Licensee, for the duration of this
197 - agreement, an indefinite, non-exclusive, non-transferable licence to use
198 - the Software solely for personal use on the terms and conditions of this
199 - Agreement provided that:
200 -
201 - 2.1.1 the Licensee must be employed by, or a student of, a non-profit
202 - educational, academic or research institute;
203 -
204 - 2.1.2 the Licensee may not distribute any of the Software to any third
205 - party, or share its use with any third party (regardless of whether
206 - such third party is from the same institution), and the Licensee
207 - may not sub-license the use of any of the Software;
208 -
209 - 2.1.3 the Licensee may not use the Software for any commercial purposes;
210 - and
211 -
212 - 2.1.4 the Licensee may not copy any of the Software except for the
213 - purposes of making a reasonable number of back-up copies, nor may
214 - the Licensee modify the Software or incorporate or imbed it into
215 - any other software products, except to optimise its performance for
216 - the Licensee's use on a particular platform.
217 -
218 -2.2 The licence granted in clause 2.1 relates only to the release of the
219 - Software at the date of this Agreement. The Licensee must acquire a new
220 - licence from STFC to use any future release of the Software.
221 -
222 -2.3 The Licensee will not tamper with or remove any copyright or other
223 - proprietary notice or any disclaimer that appears on or in any part of
224 - the Software and will reproduce the same in all copies of the Software.
225 -
226 -2.4 In any published work produced by the Licensee which includes results
227 - achieved by using the Software, the Licensee shall acknowledge that the
228 - Software was used in producing the results contained in such publication
229 - by including the following citation: "HSL, a collection of Fortran codes
230 - for large-scale scientific computation. See http://www.hsl.rl.ac.uk/".
231 -
232 -3 WARRANTIES AND LIABILITY
233 -
234 -3.1 The Software is supplied as is, including any faults.
235 -
236 -3.2 To the maximum extent permitted by the law, STFC excludes all warranties
237 - conditions or other terms that may be implied into this Agreement whether
238 - by law, statute or otherwise.
239 -
240 -3.3 STFC gives no condition, warranty or other term whatsoever, either
241 - express or implied including, without limitation, any condition, warranty
242 - or other term as to the condition of the Software, that the Software is
243 - free from any Harmful Element, or as to satisfactory quality, fitness for
244 - a particular purpose, non-infringement, or use of reasonable care and
245 - skill.
246 -
247 -3.4 To the extent permitted under applicable law, STFC shall not be liable in
248 - contract, tort or otherwise for any loss or damage, howsoever arising in
249 - connection with the Software. Accordingly, the Licensee acknowledges and
250 - accepts that it uses the Software at its own risk.
251 -
252 -3.5 STFC shall not be liable for any indirect, special, or consequential
253 - damages, or loss of profit, whether such damages or losses are known,
254 - foreseen, foreseeable or unforeseen. Nothing in this Agreement shall
255 - limit STFC's liability for negligently caused death or personal injury
256 - or fraud.
257 -
258 -4 NON-DISCLOSURE AGREEMENT
259 -
260 -4.1 In consideration of the disclosure by STFC to the Licensee of the
261 - Software, the Licensee undertakes that it will respect and preserve the
262 - confidentiality of the Software for a period of five years after the date
263 - of such disclosure (subject to clause 4.2 below).
264 -
265 -4.2 The obligations contained in this clause 4 shall not apply, or shall
266 - cease to apply, to such part of the Software as the Licensee can show to
267 - the reasonable satisfaction of STFC:
268 -
269 -4.2.1 has become public knowledge other than through the fault of the Licensee;
270 - or
271 -
272 -4.2.2 was already known to the Licensee prior to disclosure to it by STFC; or
273 -
274 -4.2.3 has been received from a third party who neither acquired it in
275 - confidence from STFC, nor owed STFC a duty of confidence in respect of it.
276 -
277 -5 PROPERTY RIGHTS
278 -
279 -5.1 The Software is proprietary to STFC. The Licensee acknowledges that any
280 - disclosure pursuant to this agreement shall not confer on the Licensee
281 - any Intellectual Property or other rights in relation to the Software.
282 -
283 -5.2 Ownership of all complete or partial copies of the Software shall at all
284 - times remain with STFC. The Licensee agrees to mark any copies of the
285 - Software which it may make in any tangible medium with a notice that such
286 - copy belongs to STFC.
287 -
288 -6 TERMINATION
289 -
290 -6.1 The Licensee may terminate the Agreement at any time by giving at least
291 - 30 days' prior written notice to STFC.
292 -
293 -6.2 The Agreement shall terminate automatically in the event that the
294 - Licensee no longer fulfils the requirements of clause 2.1.1.
295 -
296 -6.3 STFC may terminate the Agreement immediately on giving notice in writing
297 - to the Licensee if the Licensee commits any serious breach of any term of
298 - this Agreement and fails (in the case of a breach capable of being
299 - remedied), within 10 days after the receipt of a request in writing from
300 - the STFC to do so, to remedy the breach (such request to contain a
301 - warning of the STFC's intention to terminate).
302 -
303 -6.4 Immediately upon the termination of the Agreement the Licensee shall
304 - destroy the Software and all copies of the whole or any part thereof and
305 - certify in writing to STFC that they have been destroyed.
306 -
307 -6.5 Any termination of this Agreement (howsoever occasioned) shall not affect
308 - any accrued rights or liabilities of either party nor shall it affect the
309 - coming into force or the continuance in force of any provision in this
310 - Agreement which is expressly or by implication intended to come into or
311 - continue in force on or after such termination.
312 -
313 -7 GENERAL
314 -
315 -7.1 STFC may assign any of its rights and obligations under this Agreement,
316 - upon written notice, to any affiliated organization or to a statutory
317 - successor. Any assignment shall be subject to the assignee undertaking to
318 - observe the terms and conditions of this Agreement.
319 -
320 -7.2 The Licensee may not assign, transfer, charge, sublicense or otherwise
321 - deal in or dispose of in whole or in part any of its rights or
322 - obligations under this Agreement without the prior written consent of
323 - STFC (such consent not to be unreasonably withheld or delayed).
324 -
325 -7.3 Nothing in this Agreement will constitute or will be deemed to constitute
326 - between the parties a partnership, association, joint venture or other
327 - co-operative entity, or constitute the relationship of principal and
328 - agent.
329 -
330 -7.4 Neither party shall have any liability under or be deemed in breach of
331 - this Agreement for any delays or failures in performance of this
332 - Agreement which result from circumstances beyond the reasonable control
333 - of that party including, without limitation, fire, explosion, flood,
334 - tempest, unusually adverse weather conditions, failure or shortage of
335 - power supplies, war, hostilities, riot or acts of terrorism. The party
336 - affected by such circumstances shall promptly notify the other party in
337 - writing when such circumstances cause a delay or failure in performance
338 - and when they cease to do so. If circumstances continue for a continuous
339 - period of one (1) month, either party may terminate this Agreement by
340 - written notice to the other party.
341 -
342 -7.5 No forbearance, delay or indulgence by either party in enforcing the
343 - provisions of this Agreement shall prejudice or restrict the rights of
344 - that party nor shall any waiver of its rights operate as a waiver of any
345 - subsequent breach and no right, power or remedy herein conferred upon or
346 - reserved for either party is exclusive of any other right, power or
347 - remedy available to that party and each such right, power or remedy shall
348 - be cumulative.
349 -
350 -7.6 This Agreement supersedes all prior agreements, arrangements and
351 - understandings between the parties and constitutes the entire agreement
352 - between the parties relating to the subject matter hereof (save that
353 - neither party seeks to exclude liability for any fraudulent
354 - pre-contractual misrepresentation upon which the other party can be shown
355 - to have relied). The Licensee hereby warrants to STFC that the Licensee
356 - has not been induced to enter into this Agreement by any prior
357 - representations or warranties, whether oral or in writing, except as
358 - specifically contained in this Agreement and the Licensee hereby
359 - irrevocably and unconditionally waives any right it may have to claim
360 - damages for any misrepresentation not contained in this Agreement or for
361 - breach of any warranty not contained herein (unless such
362 - misrepresentation or warranty was made fraudulently and was relied upon
363 - by the Licensee) and/or to rescind this Agreement. No addition to or
364 - modification of any provision of this Agreement shall be binding upon the
365 - parties unless made by a written instrument signed by a duly authorised
366 - representative of each of the parties.
367 -
368 -7.7 Notwithstanding that the whole or any part of any provision of this
369 - Agreement may prove to be illegal or unenforceable the other provisions
370 - of this Agreement and the remainder of the provision in question shall
371 - remain in full force and effect.
372 -
373 -7.8 The parties confirm their intent not to confer any rights on any third
374 - parties by virtue of this Agreement and accordingly the Contracts (Rights
375 - of Third parties) Act 1999 shall not apply to this Agreement.
376 -
377 -7.9 This agreement shall be interpreted and construed in accordance with the
378 - laws of England and Wales. The English Courts will have exclusive
379 - jurisdiction to deal with any dispute which has arisen or may arise out
380 - of or in connection with this Agreement, however STFC may enforce the
381 - Licensee's obligation of confidence in the courts of any jurisdiction
382 - having competence to issue an injunction directly enforceable against
383 - the Licensee.
384 +HSL ACADEMIC LICENCE VERSION 1.2 MAY 2011
385 +
386 +
387 +1 DEFINITIONS AND INTERPRETATION
388 +
389 +In this Agreement the following expressions have the following meanings:
390 +
391 + "Harmful means any virus, worm, time bomb, time lock, drop dead
392 + Element" device, trap and access code or anything else that
393 + might disrupt, disable, harm or impede the operation of
394 + any information system, or that might corrupt, damage,
395 + destroy or render inaccessible any software, data or
396 + file, or that may allow any unauthorised person to gain
397 + access to, any information system or any software, data
398 + or file on it;
399 +
400 + "Intellectual means patents, trade marks, service marks, registered
401 + Property" designs, copyrights, database rights, design rights,
402 + know-how, confidential information, applications for
403 + any of the above, trade secrets and any similar right
404 + recognised from time to time in any jurisdiction,
405 + together with all rights of action in relation to the
406 + infringement of any of the above;
407 +
408 + "Software" means the software and any accompanying documentation
409 + downloaded by the Licensee; and
410 +
411 + "STFC" means the Science and Technology Facilities Council,
412 + one of whose principal offices is at Rutherford
413 + Appleton Laboratory, Harwell Oxford, Didcot, OX11 0QX.
414 +
415 +2 LICENCE
416 +
417 +2.1 In consideration of the confidentiality undertakings given by the Licensee
418 + pursuant to Clause 4, STFC grants the Licensee, for the duration of this
419 + agreement, an indefinite, non-exclusive, non-transferable licence to use
420 + the Software solely for personal use on the terms and conditions of this
421 + Agreement provided that:
422 +
423 + 2.1.1 the Licensee must be employed by, or a student of, a non-profit
424 + educational, academic or research institute;
425 +
426 + 2.1.2 the Licensee may not distribute any of the Software to any third
427 + party, or share its use with any third party (regardless of whether
428 + such third party is from the same institution), and the Licensee
429 + may not sub-license the use of any of the Software;
430 +
431 + 2.1.3 the Licensee may not use the Software for any commercial purposes;
432 + and
433 +
434 + 2.1.4 the Licensee may not copy any of the Software except for the
435 + purposes of making a reasonable number of back-up copies, nor may
436 + the Licensee modify the Software or incorporate or imbed it into
437 + any other software products, except to optimise its performance for
438 + the Licensee's use on a particular platform.
439 +
440 +2.2 The licence granted in clause 2.1 relates only to the release of the
441 + Software at the date of this Agreement. The Licensee must acquire a new
442 + licence from STFC to use any future release of the Software.
443 +
444 +2.3 The Licensee will not tamper with or remove any copyright or other
445 + proprietary notice or any disclaimer that appears on or in any part of
446 + the Software and will reproduce the same in all copies of the Software.
447 +
448 +2.4 In any published work produced by the Licensee which includes results
449 + achieved by using the Software, the Licensee shall acknowledge that the
450 + Software was used in producing the results contained in such publication
451 + by including the following citation: "HSL, a collection of Fortran codes
452 + for large-scale scientific computation. See http://www.hsl.rl.ac.uk/".
453 +
454 +3 WARRANTIES AND LIABILITY
455 +
456 +3.1 The Software is supplied as is, including any faults.
457 +
458 +3.2 To the maximum extent permitted by the law, STFC excludes all warranties
459 + conditions or other terms that may be implied into this Agreement whether
460 + by law, statute or otherwise.
461 +
462 +3.3 STFC gives no condition, warranty or other term whatsoever, either
463 + express or implied including, without limitation, any condition, warranty
464 + or other term as to the condition of the Software, that the Software is
465 + free from any Harmful Element, or as to satisfactory quality, fitness for
466 + a particular purpose, non-infringement, or use of reasonable care and
467 + skill.
468 +
469 +3.4 To the extent permitted under applicable law, STFC shall not be liable in
470 + contract, tort or otherwise for any loss or damage, howsoever arising in
471 + connection with the Software. Accordingly, the Licensee acknowledges and
472 + accepts that it uses the Software at its own risk.
473 +
474 +3.5 STFC shall not be liable for any indirect, special, or consequential
475 + damages, or loss of profit, whether such damages or losses are known,
476 + foreseen, foreseeable or unforeseen. Nothing in this Agreement shall
477 + limit STFC's liability for negligently caused death or personal injury
478 + or fraud.
479 +
480 +4 NON-DISCLOSURE AGREEMENT
481 +
482 +4.1 In consideration of the disclosure by STFC to the Licensee of the
483 + Software, the Licensee undertakes that it will respect and preserve the
484 + confidentiality of the Software for a period of five years after the date
485 + of such disclosure (subject to clause 4.2 below).
486 +
487 +4.2 The obligations contained in this clause 4 shall not apply, or shall
488 + cease to apply, to such part of the Software as the Licensee can show to
489 + the reasonable satisfaction of STFC:
490 +
491 +4.2.1 has become public knowledge other than through the fault of the Licensee;
492 + or
493 +
494 +4.2.2 was already known to the Licensee prior to disclosure to it by STFC; or
495 +
496 +4.2.3 has been received from a third party who neither acquired it in
497 + confidence from STFC, nor owed STFC a duty of confidence in respect of it.
498 +
499 +5 PROPERTY RIGHTS
500 +
501 +5.1 The Software is proprietary to STFC. The Licensee acknowledges that any
502 + disclosure pursuant to this agreement shall not confer on the Licensee
503 + any Intellectual Property or other rights in relation to the Software.
504 +
505 +5.2 Ownership of all complete or partial copies of the Software shall at all
506 + times remain with STFC. The Licensee agrees to mark any copies of the
507 + Software which it may make in any tangible medium with a notice that such
508 + copy belongs to STFC.
509 +
510 +6 TERMINATION
511 +
512 +6.1 The Licensee may terminate the Agreement at any time by giving at least
513 + 30 days' prior written notice to STFC.
514 +
515 +6.2 The Agreement shall terminate automatically in the event that the
516 + Licensee no longer fulfils the requirements of clause 2.1.1.
517 +
518 +6.3 STFC may terminate the Agreement immediately on giving notice in writing
519 + to the Licensee if the Licensee commits any serious breach of any term of
520 + this Agreement and fails (in the case of a breach capable of being
521 + remedied), within 10 days after the receipt of a request in writing from
522 + the STFC to do so, to remedy the breach (such request to contain a
523 + warning of the STFC's intention to terminate).
524 +
525 +6.4 Immediately upon the termination of the Agreement the Licensee shall
526 + destroy the Software and all copies of the whole or any part thereof and
527 + certify in writing to STFC that they have been destroyed.
528 +
529 +6.5 Any termination of this Agreement (howsoever occasioned) shall not affect
530 + any accrued rights or liabilities of either party nor shall it affect the
531 + coming into force or the continuance in force of any provision in this
532 + Agreement which is expressly or by implication intended to come into or
533 + continue in force on or after such termination.
534 +
535 +7 GENERAL
536 +
537 +7.1 STFC may assign any of its rights and obligations under this Agreement,
538 + upon written notice, to any affiliated organization or to a statutory
539 + successor. Any assignment shall be subject to the assignee undertaking to
540 + observe the terms and conditions of this Agreement.
541 +
542 +7.2 The Licensee may not assign, transfer, charge, sublicense or otherwise
543 + deal in or dispose of in whole or in part any of its rights or
544 + obligations under this Agreement without the prior written consent of
545 + STFC (such consent not to be unreasonably withheld or delayed).
546 +
547 +7.3 Nothing in this Agreement will constitute or will be deemed to constitute
548 + between the parties a partnership, association, joint venture or other
549 + co-operative entity, or constitute the relationship of principal and
550 + agent.
551 +
552 +7.4 Neither party shall have any liability under or be deemed in breach of
553 + this Agreement for any delays or failures in performance of this
554 + Agreement which result from circumstances beyond the reasonable control
555 + of that party including, without limitation, fire, explosion, flood,
556 + tempest, unusually adverse weather conditions, failure or shortage of
557 + power supplies, war, hostilities, riot or acts of terrorism. The party
558 + affected by such circumstances shall promptly notify the other party in
559 + writing when such circumstances cause a delay or failure in performance
560 + and when they cease to do so. If circumstances continue for a continuous
561 + period of one (1) month, either party may terminate this Agreement by
562 + written notice to the other party.
563 +
564 +7.5 No forbearance, delay or indulgence by either party in enforcing the
565 + provisions of this Agreement shall prejudice or restrict the rights of
566 + that party nor shall any waiver of its rights operate as a waiver of any
567 + subsequent breach and no right, power or remedy herein conferred upon or
568 + reserved for either party is exclusive of any other right, power or
569 + remedy available to that party and each such right, power or remedy shall
570 + be cumulative.
571 +
572 +7.6 This Agreement supersedes all prior agreements, arrangements and
573 + understandings between the parties and constitutes the entire agreement
574 + between the parties relating to the subject matter hereof (save that
575 + neither party seeks to exclude liability for any fraudulent
576 + pre-contractual misrepresentation upon which the other party can be shown
577 + to have relied). The Licensee hereby warrants to STFC that the Licensee
578 + has not been induced to enter into this Agreement by any prior
579 + representations or warranties, whether oral or in writing, except as
580 + specifically contained in this Agreement and the Licensee hereby
581 + irrevocably and unconditionally waives any right it may have to claim
582 + damages for any misrepresentation not contained in this Agreement or for
583 + breach of any warranty not contained herein (unless such
584 + misrepresentation or warranty was made fraudulently and was relied upon
585 + by the Licensee) and/or to rescind this Agreement. No addition to or
586 + modification of any provision of this Agreement shall be binding upon the
587 + parties unless made by a written instrument signed by a duly authorised
588 + representative of each of the parties.
589 +
590 +7.7 Notwithstanding that the whole or any part of any provision of this
591 + Agreement may prove to be illegal or unenforceable the other provisions
592 + of this Agreement and the remainder of the provision in question shall
593 + remain in full force and effect.
594 +
595 +7.8 The parties confirm their intent not to confer any rights on any third
596 + parties by virtue of this Agreement and accordingly the Contracts (Rights
597 + of Third parties) Act 1999 shall not apply to this Agreement.
598 +
599 +7.9 This agreement shall be interpreted and construed in accordance with the
600 + laws of England and Wales. The English Courts will have exclusive
601 + jurisdiction to deal with any dispute which has arisen or may arise out
602 + of or in connection with this Agreement, however STFC may enforce the
603 + Licensee's obligation of confidence in the courts of any jurisdiction
604 + having competence to issue an injunction directly enforceable against
605 + the Licensee.
606
607
608
609 1.2 licenses/ODbL-1.0
610
611 file : http://sources.gentoo.org/viewvc.cgi/gentoo-x86/licenses/ODbL-1.0?rev=1.2&view=markup
612 plain: http://sources.gentoo.org/viewvc.cgi/gentoo-x86/licenses/ODbL-1.0?rev=1.2&content-type=text/plain
613 diff : http://sources.gentoo.org/viewvc.cgi/gentoo-x86/licenses/ODbL-1.0?r1=1.1&r2=1.2
614
615 Index: ODbL-1.0
616 ===================================================================
617 RCS file: /var/cvsroot/gentoo-x86/licenses/ODbL-1.0,v
618 retrieving revision 1.1
619 retrieving revision 1.2
620 diff -u -r1.1 -r1.2
621 --- ODbL-1.0 7 Feb 2013 21:47:18 -0000 1.1
622 +++ ODbL-1.0 23 Jan 2014 18:16:19 -0000 1.2
623 @@ -1,540 +1,540 @@
624 -## ODC Open Database License (ODbL)
625 -
626 -### Preamble
627 -
628 -The Open Database License (ODbL) is a license agreement intended to
629 -allow users to freely share, modify, and use this Database while
630 -maintaining this same freedom for others. Many databases are covered by
631 -copyright, and therefore this document licenses these rights. Some
632 -jurisdictions, mainly in the European Union, have specific rights that
633 -cover databases, and so the ODbL addresses these rights, too. Finally,
634 -the ODbL is also an agreement in contract for users of this Database to
635 -act in certain ways in return for accessing this Database.
636 -
637 -Databases can contain a wide variety of types of content (images,
638 -audiovisual material, and sounds all in the same database, for example),
639 -and so the ODbL only governs the rights over the Database, and not the
640 -contents of the Database individually. Licensors should use the ODbL
641 -together with another license for the contents, if the contents have a
642 -single set of rights that uniformly covers all of the contents. If the
643 -contents have multiple sets of different rights, Licensors should
644 -describe what rights govern what contents together in the individual
645 -record or in some other way that clarifies what rights apply.
646 -
647 -Sometimes the contents of a database, or the database itself, can be
648 -covered by other rights not addressed here (such as private contracts,
649 -trade mark over the name, or privacy rights / data protection rights
650 -over information in the contents), and so you are advised that you may
651 -have to consult other documents or clear other rights before doing
652 -activities not covered by this License.
653 -
654 -------
655 -
656 -The Licensor (as defined below)
657 -
658 -and
659 -
660 -You (as defined below)
661 -
662 -agree as follows:
663 -
664 -### 1.0 Definitions of Capitalised Words
665 -
666 -"Collective Database" – Means this Database in unmodified form as part
667 -of a collection of independent databases in themselves that together are
668 -assembled into a collective whole. A work that constitutes a Collective
669 -Database will not be considered a Derivative Database.
670 -
671 -"Convey" – As a verb, means Using the Database, a Derivative Database,
672 -or the Database as part of a Collective Database in any way that enables
673 -a Person to make or receive copies of the Database or a Derivative
674 -Database. Conveying does not include interaction with a user through a
675 -computer network, or creating and Using a Produced Work, where no
676 -transfer of a copy of the Database or a Derivative Database occurs.
677 -"Contents" – The contents of this Database, which includes the
678 -information, independent works, or other material collected into the
679 -Database. For example, the contents of the Database could be factual
680 -data or works such as images, audiovisual material, text, or sounds.
681 -
682 -"Database" – A collection of material (the Contents) arranged in a
683 -systematic or methodical way and individually accessible by electronic
684 -or other means offered under the terms of this License.
685 -
686 -"Database Directive" – Means Directive 96/9/EC of the European
687 -Parliament and of the Council of 11 March 1996 on the legal protection
688 -of databases, as amended or succeeded.
689 -
690 -"Database Right" – Means rights resulting from the Chapter III ("sui
691 -generis") rights in the Database Directive (as amended and as transposed
692 -by member states), which includes the Extraction and Re-utilisation of
693 -the whole or a Substantial part of the Contents, as well as any similar
694 -rights available in the relevant jurisdiction under Section 10.4.
695 -
696 -"Derivative Database" – Means a database based upon the Database, and
697 -includes any translation, adaptation, arrangement, modification, or any
698 -other alteration of the Database or of a Substantial part of the
699 -Contents. This includes, but is not limited to, Extracting or
700 -Re-utilising the whole or a Substantial part of the Contents in a new
701 -Database.
702 -
703 -"Extraction" – Means the permanent or temporary transfer of all or a
704 -Substantial part of the Contents to another medium by any means or in
705 -any form.
706 -
707 -"License" – Means this license agreement and is both a license of rights
708 -such as copyright and Database Rights and an agreement in contract.
709 -
710 -"Licensor" – Means the Person that offers the Database under the terms
711 -of this License.
712 -
713 -"Person" – Means a natural or legal person or a body of persons
714 -corporate or incorporate.
715 -
716 -"Produced Work" – a work (such as an image, audiovisual material, text,
717 -or sounds) resulting from using the whole or a Substantial part of the
718 -Contents (via a search or other query) from this Database, a Derivative
719 -Database, or this Database as part of a Collective Database.
720 -
721 -"Publicly" – means to Persons other than You or under Your control by
722 -either more than 50% ownership or by the power to direct their
723 -activities (such as contracting with an independent consultant).
724 -
725 -"Re-utilisation" – means any form of making available to the public all
726 -or a Substantial part of the Contents by the distribution of copies, by
727 -renting, by online or other forms of transmission.
728 -
729 -"Substantial" – Means substantial in terms of quantity or quality or a
730 -combination of both. The repeated and systematic Extraction or
731 -Re-utilisation of insubstantial parts of the Contents may amount to the
732 -Extraction or Re-utilisation of a Substantial part of the Contents.
733 -
734 -"Use" – As a verb, means doing any act that is restricted by copyright
735 -or Database Rights whether in the original medium or any other; and
736 -includes without limitation distributing, copying, publicly performing,
737 -publicly displaying, and preparing derivative works of the Database, as
738 -well as modifying the Database as may be technically necessary to use it
739 -in a different mode or format.
740 -
741 -"You" – Means a Person exercising rights under this License who has not
742 -previously violated the terms of this License with respect to the
743 -Database, or who has received express permission from the Licensor to
744 -exercise rights under this License despite a previous violation.
745 -
746 -Words in the singular include the plural and vice versa.
747 -
748 -### 2.0 What this License covers
749 -
750 -2.1. Legal effect of this document. This License is:
751 -
752 - a. A license of applicable copyright and neighbouring rights;
753 -
754 - b. A license of the Database Right; and
755 -
756 - c. An agreement in contract between You and the Licensor.
757 -
758 -2.2 Legal rights covered. This License covers the legal rights in the
759 -Database, including:
760 -
761 - a. Copyright. Any copyright or neighbouring rights in the Database.
762 - The copyright licensed includes any individual elements of the
763 - Database, but does not cover the copyright over the Contents
764 - independent of this Database. See Section 2.4 for details. Copyright
765 - law varies between jurisdictions, but is likely to cover: the Database
766 - model or schema, which is the structure, arrangement, and organisation
767 - of the Database, and can also include the Database tables and table
768 - indexes; the data entry and output sheets; and the Field names of
769 - Contents stored in the Database;
770 -
771 - b. Database Rights. Database Rights only extend to the Extraction and
772 - Re-utilisation of the whole or a Substantial part of the Contents.
773 - Database Rights can apply even when there is no copyright over the
774 - Database. Database Rights can also apply when the Contents are removed
775 - from the Database and are selected and arranged in a way that would
776 - not infringe any applicable copyright; and
777 -
778 - c. Contract. This is an agreement between You and the Licensor for
779 - access to the Database. In return you agree to certain conditions of
780 - use on this access as outlined in this License.
781 -
782 -2.3 Rights not covered.
783 -
784 - a. This License does not apply to computer programs used in the making
785 - or operation of the Database;
786 -
787 - b. This License does not cover any patents over the Contents or the
788 - Database; and
789 -
790 - c. This License does not cover any trademarks associated with the
791 - Database.
792 -
793 -2.4 Relationship to Contents in the Database. The individual items of
794 -the Contents contained in this Database may be covered by other rights,
795 -including copyright, patent, data protection, privacy, or personality
796 -rights, and this License does not cover any rights (other than Database
797 -Rights or in contract) in individual Contents contained in the Database.
798 -For example, if used on a Database of images (the Contents), this
799 -License would not apply to copyright over individual images, which could
800 -have their own separate licenses, or one single license covering all of
801 -the rights over the images.
802 -
803 -### 3.0 Rights granted
804 -
805 -3.1 Subject to the terms and conditions of this License, the Licensor
806 -grants to You a worldwide, royalty-free, non-exclusive, terminable (but
807 -only under Section 9) license to Use the Database for the duration of
808 -any applicable copyright and Database Rights. These rights explicitly
809 -include commercial use, and do not exclude any field of endeavour. To
810 -the extent possible in the relevant jurisdiction, these rights may be
811 -exercised in all media and formats whether now known or created in the
812 -future.
813 -
814 -The rights granted cover, for example:
815 -
816 - a. Extraction and Re-utilisation of the whole or a Substantial part of
817 - the Contents;
818 -
819 - b. Creation of Derivative Databases;
820 -
821 - c. Creation of Collective Databases;
822 -
823 - d. Creation of temporary or permanent reproductions by any means and
824 - in any form, in whole or in part, including of any Derivative
825 - Databases or as a part of Collective Databases; and
826 -
827 - e. Distribution, communication, display, lending, making available, or
828 - performance to the public by any means and in any form, in whole or in
829 - part, including of any Derivative Database or as a part of Collective
830 - Databases.
831 -
832 -3.2 Compulsory license schemes. For the avoidance of doubt:
833 -
834 - a. Non-waivable compulsory license schemes. In those jurisdictions in
835 - which the right to collect royalties through any statutory or
836 - compulsory licensing scheme cannot be waived, the Licensor reserves
837 - the exclusive right to collect such royalties for any exercise by You
838 - of the rights granted under this License;
839 -
840 - b. Waivable compulsory license schemes. In those jurisdictions in
841 - which the right to collect royalties through any statutory or
842 - compulsory licensing scheme can be waived, the Licensor waives the
843 - exclusive right to collect such royalties for any exercise by You of
844 - the rights granted under this License; and,
845 -
846 - c. Voluntary license schemes. The Licensor waives the right to collect
847 - royalties, whether individually or, in the event that the Licensor is
848 - a member of a collecting society that administers voluntary licensing
849 - schemes, via that society, from any exercise by You of the rights
850 - granted under this License.
851 -
852 -3.3 The right to release the Database under different terms, or to stop
853 -distributing or making available the Database, is reserved. Note that
854 -this Database may be multiple-licensed, and so You may have the choice
855 -of using alternative licenses for this Database. Subject to Section
856 -10.4, all other rights not expressly granted by Licensor are reserved.
857 -
858 -### 4.0 Conditions of Use
859 -
860 -4.1 The rights granted in Section 3 above are expressly made subject to
861 -Your complying with the following conditions of use. These are important
862 -conditions of this License, and if You fail to follow them, You will be
863 -in material breach of its terms.
864 -
865 -4.2 Notices. If You Publicly Convey this Database, any Derivative
866 -Database, or the Database as part of a Collective Database, then You
867 -must:
868 -
869 - a. Do so only under the terms of this License or another license
870 - permitted under Section 4.4;
871 -
872 - b. Include a copy of this License (or, as applicable, a license
873 - permitted under Section 4.4) or its Uniform Resource Identifier (URI)
874 - with the Database or Derivative Database, including both in the
875 - Database or Derivative Database and in any relevant documentation; and
876 -
877 - c. Keep intact any copyright or Database Right notices and notices
878 - that refer to this License.
879 -
880 - d. If it is not possible to put the required notices in a particular
881 - file due to its structure, then You must include the notices in a
882 - location (such as a relevant directory) where users would be likely to
883 - look for it.
884 -
885 -4.3 Notice for using output (Contents). Creating and Using a Produced
886 -Work does not require the notice in Section 4.2. However, if you
887 -Publicly Use a Produced Work, You must include a notice associated with
888 -the Produced Work reasonably calculated to make any Person that uses,
889 -views, accesses, interacts with, or is otherwise exposed to the Produced
890 -Work aware that Content was obtained from the Database, Derivative
891 -Database, or the Database as part of a Collective Database, and that it
892 -is available under this License.
893 -
894 - a. Example notice. The following text will satisfy notice under
895 - Section 4.3:
896 -
897 - Contains information from DATABASE NAME, which is made available
898 - here under the Open Database License (ODbL).
899 -
900 -DATABASE NAME should be replaced with the name of the Database and a
901 -hyperlink to the URI of the Database. "Open Database License" should
902 -contain a hyperlink to the URI of the text of this License. If
903 -hyperlinks are not possible, You should include the plain text of the
904 -required URI's with the above notice.
905 -
906 -4.4 Share alike.
907 -
908 - a. Any Derivative Database that You Publicly Use must be only under
909 - the terms of:
910 -
911 - i. This License;
912 -
913 - ii. A later version of this License similar in spirit to this
914 - License; or
915 -
916 - iii. A compatible license.
917 -
918 - If You license the Derivative Database under one of the licenses
919 - mentioned in (iii), You must comply with the terms of that license.
920 -
921 - b. For the avoidance of doubt, Extraction or Re-utilisation of the
922 - whole or a Substantial part of the Contents into a new database is a
923 - Derivative Database and must comply with Section 4.4.
924 -
925 - c. Derivative Databases and Produced Works. A Derivative Database is
926 - Publicly Used and so must comply with Section 4.4. if a Produced Work
927 - created from the Derivative Database is Publicly Used.
928 -
929 - d. Share Alike and additional Contents. For the avoidance of doubt,
930 - You must not add Contents to Derivative Databases under Section 4.4 a
931 - that are incompatible with the rights granted under this License.
932 -
933 - e. Compatible licenses. Licensors may authorise a proxy to determine
934 - compatible licenses under Section 4.4 a iii. If they do so, the
935 - authorised proxy's public statement of acceptance of a compatible
936 - license grants You permission to use the compatible license.
937 -
938 -
939 -4.5 Limits of Share Alike. The requirements of Section 4.4 do not apply
940 -in the following:
941 -
942 - a. For the avoidance of doubt, You are not required to license
943 - Collective Databases under this License if You incorporate this
944 - Database or a Derivative Database in the collection, but this License
945 - still applies to this Database or a Derivative Database as a part of
946 - the Collective Database;
947 -
948 - b. Using this Database, a Derivative Database, or this Database as
949 - part of a Collective Database to create a Produced Work does not
950 - create a Derivative Database for purposes of Section 4.4; and
951 -
952 - c. Use of a Derivative Database internally within an organisation is
953 - not to the public and therefore does not fall under the requirements
954 - of Section 4.4.
955 -
956 -4.6 Access to Derivative Databases. If You Publicly Use a Derivative
957 -Database or a Produced Work from a Derivative Database, You must also
958 -offer to recipients of the Derivative Database or Produced Work a copy
959 -in a machine readable form of:
960 -
961 - a. The entire Derivative Database; or
962 -
963 - b. A file containing all of the alterations made to the Database or
964 - the method of making the alterations to the Database (such as an
965 - algorithm), including any additional Contents, that make up all the
966 - differences between the Database and the Derivative Database.
967 -
968 -The Derivative Database (under a.) or alteration file (under b.) must be
969 -available at no more than a reasonable production cost for physical
970 -distributions and free of charge if distributed over the internet.
971 -
972 -4.7 Technological measures and additional terms
973 -
974 - a. This License does not allow You to impose (except subject to
975 - Section 4.7 b.) any terms or any technological measures on the
976 - Database, a Derivative Database, or the whole or a Substantial part of
977 - the Contents that alter or restrict the terms of this License, or any
978 - rights granted under it, or have the effect or intent of restricting
979 - the ability of any person to exercise those rights.
980 -
981 - b. Parallel distribution. You may impose terms or technological
982 - measures on the Database, a Derivative Database, or the whole or a
983 - Substantial part of the Contents (a "Restricted Database") in
984 - contravention of Section 4.74 a. only if You also make a copy of the
985 - Database or a Derivative Database available to the recipient of the
986 - Restricted Database:
987 -
988 - i. That is available without additional fee;
989 -
990 - ii. That is available in a medium that does not alter or restrict
991 - the terms of this License, or any rights granted under it, or have
992 - the effect or intent of restricting the ability of any person to
993 - exercise those rights (an "Unrestricted Database"); and
994 -
995 - iii. The Unrestricted Database is at least as accessible to the
996 - recipient as a practical matter as the Restricted Database.
997 -
998 - c. For the avoidance of doubt, You may place this Database or a
999 - Derivative Database in an authenticated environment, behind a
1000 - password, or within a similar access control scheme provided that You
1001 - do not alter or restrict the terms of this License or any rights
1002 - granted under it or have the effect or intent of restricting the
1003 - ability of any person to exercise those rights.
1004 -
1005 -4.8 Licensing of others. You may not sublicense the Database. Each time
1006 -You communicate the Database, the whole or Substantial part of the
1007 -Contents, or any Derivative Database to anyone else in any way, the
1008 -Licensor offers to the recipient a license to the Database on the same
1009 -terms and conditions as this License. You are not responsible for
1010 -enforcing compliance by third parties with this License, but You may
1011 -enforce any rights that You have over a Derivative Database. You are
1012 -solely responsible for any modifications of a Derivative Database made
1013 -by You or another Person at Your direction. You may not impose any
1014 -further restrictions on the exercise of the rights granted or affirmed
1015 -under this License.
1016 -
1017 -### 5.0 Moral rights
1018 -
1019 -5.1 Moral rights. This section covers moral rights, including any rights
1020 -to be identified as the author of the Database or to object to treatment
1021 -that would otherwise prejudice the author's honour and reputation, or
1022 -any other derogatory treatment:
1023 -
1024 - a. For jurisdictions allowing waiver of moral rights, Licensor waives
1025 - all moral rights that Licensor may have in the Database to the fullest
1026 - extent possible by the law of the relevant jurisdiction under Section
1027 - 10.4;
1028 -
1029 - b. If waiver of moral rights under Section 5.1 a in the relevant
1030 - jurisdiction is not possible, Licensor agrees not to assert any moral
1031 - rights over the Database and waives all claims in moral rights to the
1032 - fullest extent possible by the law of the relevant jurisdiction under
1033 - Section 10.4; and
1034 -
1035 - c. For jurisdictions not allowing waiver or an agreement not to assert
1036 - moral rights under Section 5.1 a and b, the author may retain their
1037 - moral rights over certain aspects of the Database.
1038 -
1039 -Please note that some jurisdictions do not allow for the waiver of moral
1040 -rights, and so moral rights may still subsist over the Database in some
1041 -jurisdictions.
1042 -
1043 -### 6.0 Fair dealing, Database exceptions, and other rights not affected
1044 -
1045 -6.1 This License does not affect any rights that You or anyone else may
1046 -independently have under any applicable law to make any use of this
1047 -Database, including without limitation:
1048 -
1049 - a. Exceptions to the Database Right including: Extraction of Contents
1050 - from non-electronic Databases for private purposes, Extraction for
1051 - purposes of illustration for teaching or scientific research, and
1052 - Extraction or Re-utilisation for public security or an administrative
1053 - or judicial procedure.
1054 -
1055 - b. Fair dealing, fair use, or any other legally recognised limitation
1056 - or exception to infringement of copyright or other applicable laws.
1057 -
1058 -6.2 This License does not affect any rights of lawful users to Extract
1059 -and Re-utilise insubstantial parts of the Contents, evaluated
1060 -quantitatively or qualitatively, for any purposes whatsoever, including
1061 -creating a Derivative Database (subject to other rights over the
1062 -Contents, see Section 2.4). The repeated and systematic Extraction or
1063 -Re-utilisation of insubstantial parts of the Contents may however amount
1064 -to the Extraction or Re-utilisation of a Substantial part of the
1065 -Contents.
1066 -
1067 -### 7.0 Warranties and Disclaimer
1068 -
1069 -7.1 The Database is licensed by the Licensor "as is" and without any
1070 -warranty of any kind, either express, implied, or arising by statute,
1071 -custom, course of dealing, or trade usage. Licensor specifically
1072 -disclaims any and all implied warranties or conditions of title,
1073 -non-infringement, accuracy or completeness, the presence or absence of
1074 -errors, fitness for a particular purpose, merchantability, or otherwise.
1075 -Some jurisdictions do not allow the exclusion of implied warranties, so
1076 -this exclusion may not apply to You.
1077 -
1078 -### 8.0 Limitation of liability
1079 -
1080 -8.1 Subject to any liability that may not be excluded or limited by law,
1081 -the Licensor is not liable for, and expressly excludes, all liability
1082 -for loss or damage however and whenever caused to anyone by any use
1083 -under this License, whether by You or by anyone else, and whether caused
1084 -by any fault on the part of the Licensor or not. This exclusion of
1085 -liability includes, but is not limited to, any special, incidental,
1086 -consequential, punitive, or exemplary damages such as loss of revenue,
1087 -data, anticipated profits, and lost business. This exclusion applies
1088 -even if the Licensor has been advised of the possibility of such
1089 -damages.
1090 -
1091 -8.2 If liability may not be excluded by law, it is limited to actual and
1092 -direct financial loss to the extent it is caused by proved negligence on
1093 -the part of the Licensor.
1094 -
1095 -### 9.0 Termination of Your rights under this License
1096 -
1097 -9.1 Any breach by You of the terms and conditions of this License
1098 -automatically terminates this License with immediate effect and without
1099 -notice to You. For the avoidance of doubt, Persons who have received the
1100 -Database, the whole or a Substantial part of the Contents, Derivative
1101 -Databases, or the Database as part of a Collective Database from You
1102 -under this License will not have their licenses terminated provided
1103 -their use is in full compliance with this License or a license granted
1104 -under Section 4.8 of this License. Sections 1, 2, 7, 8, 9 and 10 will
1105 -survive any termination of this License.
1106 -
1107 -9.2 If You are not in breach of the terms of this License, the Licensor
1108 -will not terminate Your rights under it.
1109 -
1110 -9.3 Unless terminated under Section 9.1, this License is granted to You
1111 -for the duration of applicable rights in the Database.
1112 -
1113 -9.4 Reinstatement of rights. If you cease any breach of the terms and
1114 -conditions of this License, then your full rights under this License
1115 -will be reinstated:
1116 -
1117 - a. Provisionally and subject to permanent termination until the 60th
1118 - day after cessation of breach;
1119 -
1120 - b. Permanently on the 60th day after cessation of breach unless
1121 - otherwise reasonably notified by the Licensor; or
1122 -
1123 - c. Permanently if reasonably notified by the Licensor of the
1124 - violation, this is the first time You have received notice of
1125 - violation of this License from the Licensor, and You cure the
1126 - violation prior to 30 days after your receipt of the notice.
1127 -
1128 -Persons subject to permanent termination of rights are not eligible to
1129 -be a recipient and receive a license under Section 4.8.
1130 -
1131 -9.5 Notwithstanding the above, Licensor reserves the right to release
1132 -the Database under different license terms or to stop distributing or
1133 -making available the Database. Releasing the Database under different
1134 -license terms or stopping the distribution of the Database will not
1135 -withdraw this License (or any other license that has been, or is
1136 -required to be, granted under the terms of this License), and this
1137 -License will continue in full force and effect unless terminated as
1138 -stated above.
1139 -
1140 -### 10.0 General
1141 -
1142 -10.1 If any provision of this License is held to be invalid or
1143 -unenforceable, that must not affect the validity or enforceability of
1144 -the remainder of the terms and conditions of this License and each
1145 -remaining provision of this License shall be valid and enforced to the
1146 -fullest extent permitted by law.
1147 -
1148 -10.2 This License is the entire agreement between the parties with
1149 -respect to the rights granted here over the Database. It replaces any
1150 -earlier understandings, agreements or representations with respect to
1151 -the Database.
1152 -
1153 -10.3 If You are in breach of the terms of this License, You will not be
1154 -entitled to rely on the terms of this License or to complain of any
1155 -breach by the Licensor.
1156 -
1157 -10.4 Choice of law. This License takes effect in and will be governed by
1158 -the laws of the relevant jurisdiction in which the License terms are
1159 -sought to be enforced. If the standard suite of rights granted under
1160 -applicable copyright law and Database Rights in the relevant
1161 -jurisdiction includes additional rights not granted under this License,
1162 -these additional rights are granted in this License in order to meet the
1163 -terms of this License.
1164 \ No newline at end of file
1165 +## ODC Open Database License (ODbL)
1166 +
1167 +### Preamble
1168 +
1169 +The Open Database License (ODbL) is a license agreement intended to
1170 +allow users to freely share, modify, and use this Database while
1171 +maintaining this same freedom for others. Many databases are covered by
1172 +copyright, and therefore this document licenses these rights. Some
1173 +jurisdictions, mainly in the European Union, have specific rights that
1174 +cover databases, and so the ODbL addresses these rights, too. Finally,
1175 +the ODbL is also an agreement in contract for users of this Database to
1176 +act in certain ways in return for accessing this Database.
1177 +
1178 +Databases can contain a wide variety of types of content (images,
1179 +audiovisual material, and sounds all in the same database, for example),
1180 +and so the ODbL only governs the rights over the Database, and not the
1181 +contents of the Database individually. Licensors should use the ODbL
1182 +together with another license for the contents, if the contents have a
1183 +single set of rights that uniformly covers all of the contents. If the
1184 +contents have multiple sets of different rights, Licensors should
1185 +describe what rights govern what contents together in the individual
1186 +record or in some other way that clarifies what rights apply.
1187 +
1188 +Sometimes the contents of a database, or the database itself, can be
1189 +covered by other rights not addressed here (such as private contracts,
1190 +trade mark over the name, or privacy rights / data protection rights
1191 +over information in the contents), and so you are advised that you may
1192 +have to consult other documents or clear other rights before doing
1193 +activities not covered by this License.
1194 +
1195 +------
1196 +
1197 +The Licensor (as defined below)
1198 +
1199 +and
1200 +
1201 +You (as defined below)
1202 +
1203 +agree as follows:
1204 +
1205 +### 1.0 Definitions of Capitalised Words
1206 +
1207 +"Collective Database" – Means this Database in unmodified form as part
1208 +of a collection of independent databases in themselves that together are
1209 +assembled into a collective whole. A work that constitutes a Collective
1210 +Database will not be considered a Derivative Database.
1211 +
1212 +"Convey" – As a verb, means Using the Database, a Derivative Database,
1213 +or the Database as part of a Collective Database in any way that enables
1214 +a Person to make or receive copies of the Database or a Derivative
1215 +Database. Conveying does not include interaction with a user through a
1216 +computer network, or creating and Using a Produced Work, where no
1217 +transfer of a copy of the Database or a Derivative Database occurs.
1218 +"Contents" – The contents of this Database, which includes the
1219 +information, independent works, or other material collected into the
1220 +Database. For example, the contents of the Database could be factual
1221 +data or works such as images, audiovisual material, text, or sounds.
1222 +
1223 +"Database" – A collection of material (the Contents) arranged in a
1224 +systematic or methodical way and individually accessible by electronic
1225 +or other means offered under the terms of this License.
1226 +
1227 +"Database Directive" – Means Directive 96/9/EC of the European
1228 +Parliament and of the Council of 11 March 1996 on the legal protection
1229 +of databases, as amended or succeeded.
1230 +
1231 +"Database Right" – Means rights resulting from the Chapter III ("sui
1232 +generis") rights in the Database Directive (as amended and as transposed
1233 +by member states), which includes the Extraction and Re-utilisation of
1234 +the whole or a Substantial part of the Contents, as well as any similar
1235 +rights available in the relevant jurisdiction under Section 10.4.
1236 +
1237 +"Derivative Database" – Means a database based upon the Database, and
1238 +includes any translation, adaptation, arrangement, modification, or any
1239 +other alteration of the Database or of a Substantial part of the
1240 +Contents. This includes, but is not limited to, Extracting or
1241 +Re-utilising the whole or a Substantial part of the Contents in a new
1242 +Database.
1243 +
1244 +"Extraction" – Means the permanent or temporary transfer of all or a
1245 +Substantial part of the Contents to another medium by any means or in
1246 +any form.
1247 +
1248 +"License" – Means this license agreement and is both a license of rights
1249 +such as copyright and Database Rights and an agreement in contract.
1250 +
1251 +"Licensor" – Means the Person that offers the Database under the terms
1252 +of this License.
1253 +
1254 +"Person" – Means a natural or legal person or a body of persons
1255 +corporate or incorporate.
1256 +
1257 +"Produced Work" – a work (such as an image, audiovisual material, text,
1258 +or sounds) resulting from using the whole or a Substantial part of the
1259 +Contents (via a search or other query) from this Database, a Derivative
1260 +Database, or this Database as part of a Collective Database.
1261 +
1262 +"Publicly" – means to Persons other than You or under Your control by
1263 +either more than 50% ownership or by the power to direct their
1264 +activities (such as contracting with an independent consultant).
1265 +
1266 +"Re-utilisation" – means any form of making available to the public all
1267 +or a Substantial part of the Contents by the distribution of copies, by
1268 +renting, by online or other forms of transmission.
1269 +
1270 +"Substantial" – Means substantial in terms of quantity or quality or a
1271 +combination of both. The repeated and systematic Extraction or
1272 +Re-utilisation of insubstantial parts of the Contents may amount to the
1273 +Extraction or Re-utilisation of a Substantial part of the Contents.
1274 +
1275 +"Use" – As a verb, means doing any act that is restricted by copyright
1276 +or Database Rights whether in the original medium or any other; and
1277 +includes without limitation distributing, copying, publicly performing,
1278 +publicly displaying, and preparing derivative works of the Database, as
1279 +well as modifying the Database as may be technically necessary to use it
1280 +in a different mode or format.
1281 +
1282 +"You" – Means a Person exercising rights under this License who has not
1283 +previously violated the terms of this License with respect to the
1284 +Database, or who has received express permission from the Licensor to
1285 +exercise rights under this License despite a previous violation.
1286 +
1287 +Words in the singular include the plural and vice versa.
1288 +
1289 +### 2.0 What this License covers
1290 +
1291 +2.1. Legal effect of this document. This License is:
1292 +
1293 + a. A license of applicable copyright and neighbouring rights;
1294 +
1295 + b. A license of the Database Right; and
1296 +
1297 + c. An agreement in contract between You and the Licensor.
1298 +
1299 +2.2 Legal rights covered. This License covers the legal rights in the
1300 +Database, including:
1301 +
1302 + a. Copyright. Any copyright or neighbouring rights in the Database.
1303 + The copyright licensed includes any individual elements of the
1304 + Database, but does not cover the copyright over the Contents
1305 + independent of this Database. See Section 2.4 for details. Copyright
1306 + law varies between jurisdictions, but is likely to cover: the Database
1307 + model or schema, which is the structure, arrangement, and organisation
1308 + of the Database, and can also include the Database tables and table
1309 + indexes; the data entry and output sheets; and the Field names of
1310 + Contents stored in the Database;
1311 +
1312 + b. Database Rights. Database Rights only extend to the Extraction and
1313 + Re-utilisation of the whole or a Substantial part of the Contents.
1314 + Database Rights can apply even when there is no copyright over the
1315 + Database. Database Rights can also apply when the Contents are removed
1316 + from the Database and are selected and arranged in a way that would
1317 + not infringe any applicable copyright; and
1318 +
1319 + c. Contract. This is an agreement between You and the Licensor for
1320 + access to the Database. In return you agree to certain conditions of
1321 + use on this access as outlined in this License.
1322 +
1323 +2.3 Rights not covered.
1324 +
1325 + a. This License does not apply to computer programs used in the making
1326 + or operation of the Database;
1327 +
1328 + b. This License does not cover any patents over the Contents or the
1329 + Database; and
1330 +
1331 + c. This License does not cover any trademarks associated with the
1332 + Database.
1333 +
1334 +2.4 Relationship to Contents in the Database. The individual items of
1335 +the Contents contained in this Database may be covered by other rights,
1336 +including copyright, patent, data protection, privacy, or personality
1337 +rights, and this License does not cover any rights (other than Database
1338 +Rights or in contract) in individual Contents contained in the Database.
1339 +For example, if used on a Database of images (the Contents), this
1340 +License would not apply to copyright over individual images, which could
1341 +have their own separate licenses, or one single license covering all of
1342 +the rights over the images.
1343 +
1344 +### 3.0 Rights granted
1345 +
1346 +3.1 Subject to the terms and conditions of this License, the Licensor
1347 +grants to You a worldwide, royalty-free, non-exclusive, terminable (but
1348 +only under Section 9) license to Use the Database for the duration of
1349 +any applicable copyright and Database Rights. These rights explicitly
1350 +include commercial use, and do not exclude any field of endeavour. To
1351 +the extent possible in the relevant jurisdiction, these rights may be
1352 +exercised in all media and formats whether now known or created in the
1353 +future.
1354 +
1355 +The rights granted cover, for example:
1356 +
1357 + a. Extraction and Re-utilisation of the whole or a Substantial part of
1358 + the Contents;
1359 +
1360 + b. Creation of Derivative Databases;
1361 +
1362 + c. Creation of Collective Databases;
1363 +
1364 + d. Creation of temporary or permanent reproductions by any means and
1365 + in any form, in whole or in part, including of any Derivative
1366 + Databases or as a part of Collective Databases; and
1367 +
1368 + e. Distribution, communication, display, lending, making available, or
1369 + performance to the public by any means and in any form, in whole or in
1370 + part, including of any Derivative Database or as a part of Collective
1371 + Databases.
1372 +
1373 +3.2 Compulsory license schemes. For the avoidance of doubt:
1374 +
1375 + a. Non-waivable compulsory license schemes. In those jurisdictions in
1376 + which the right to collect royalties through any statutory or
1377 + compulsory licensing scheme cannot be waived, the Licensor reserves
1378 + the exclusive right to collect such royalties for any exercise by You
1379 + of the rights granted under this License;
1380 +
1381 + b. Waivable compulsory license schemes. In those jurisdictions in
1382 + which the right to collect royalties through any statutory or
1383 + compulsory licensing scheme can be waived, the Licensor waives the
1384 + exclusive right to collect such royalties for any exercise by You of
1385 + the rights granted under this License; and,
1386 +
1387 + c. Voluntary license schemes. The Licensor waives the right to collect
1388 + royalties, whether individually or, in the event that the Licensor is
1389 + a member of a collecting society that administers voluntary licensing
1390 + schemes, via that society, from any exercise by You of the rights
1391 + granted under this License.
1392 +
1393 +3.3 The right to release the Database under different terms, or to stop
1394 +distributing or making available the Database, is reserved. Note that
1395 +this Database may be multiple-licensed, and so You may have the choice
1396 +of using alternative licenses for this Database. Subject to Section
1397 +10.4, all other rights not expressly granted by Licensor are reserved.
1398 +
1399 +### 4.0 Conditions of Use
1400 +
1401 +4.1 The rights granted in Section 3 above are expressly made subject to
1402 +Your complying with the following conditions of use. These are important
1403 +conditions of this License, and if You fail to follow them, You will be
1404 +in material breach of its terms.
1405 +
1406 +4.2 Notices. If You Publicly Convey this Database, any Derivative
1407 +Database, or the Database as part of a Collective Database, then You
1408 +must:
1409 +
1410 + a. Do so only under the terms of this License or another license
1411 + permitted under Section 4.4;
1412 +
1413 + b. Include a copy of this License (or, as applicable, a license
1414 + permitted under Section 4.4) or its Uniform Resource Identifier (URI)
1415 + with the Database or Derivative Database, including both in the
1416 + Database or Derivative Database and in any relevant documentation; and
1417 +
1418 + c. Keep intact any copyright or Database Right notices and notices
1419 + that refer to this License.
1420 +
1421 + d. If it is not possible to put the required notices in a particular
1422 + file due to its structure, then You must include the notices in a
1423 + location (such as a relevant directory) where users would be likely to
1424 + look for it.
1425 +
1426 +4.3 Notice for using output (Contents). Creating and Using a Produced
1427 +Work does not require the notice in Section 4.2. However, if you
1428 +Publicly Use a Produced Work, You must include a notice associated with
1429 +the Produced Work reasonably calculated to make any Person that uses,
1430 +views, accesses, interacts with, or is otherwise exposed to the Produced
1431 +Work aware that Content was obtained from the Database, Derivative
1432 +Database, or the Database as part of a Collective Database, and that it
1433 +is available under this License.
1434 +
1435 + a. Example notice. The following text will satisfy notice under
1436 + Section 4.3:
1437 +
1438 + Contains information from DATABASE NAME, which is made available
1439 + here under the Open Database License (ODbL).
1440 +
1441 +DATABASE NAME should be replaced with the name of the Database and a
1442 +hyperlink to the URI of the Database. "Open Database License" should
1443 +contain a hyperlink to the URI of the text of this License. If
1444 +hyperlinks are not possible, You should include the plain text of the
1445 +required URI's with the above notice.
1446 +
1447 +4.4 Share alike.
1448 +
1449 + a. Any Derivative Database that You Publicly Use must be only under
1450 + the terms of:
1451 +
1452 + i. This License;
1453 +
1454 + ii. A later version of this License similar in spirit to this
1455 + License; or
1456 +
1457 + iii. A compatible license.
1458 +
1459 + If You license the Derivative Database under one of the licenses
1460 + mentioned in (iii), You must comply with the terms of that license.
1461 +
1462 + b. For the avoidance of doubt, Extraction or Re-utilisation of the
1463 + whole or a Substantial part of the Contents into a new database is a
1464 + Derivative Database and must comply with Section 4.4.
1465 +
1466 + c. Derivative Databases and Produced Works. A Derivative Database is
1467 + Publicly Used and so must comply with Section 4.4. if a Produced Work
1468 + created from the Derivative Database is Publicly Used.
1469 +
1470 + d. Share Alike and additional Contents. For the avoidance of doubt,
1471 + You must not add Contents to Derivative Databases under Section 4.4 a
1472 + that are incompatible with the rights granted under this License.
1473 +
1474 + e. Compatible licenses. Licensors may authorise a proxy to determine
1475 + compatible licenses under Section 4.4 a iii. If they do so, the
1476 + authorised proxy's public statement of acceptance of a compatible
1477 + license grants You permission to use the compatible license.
1478 +
1479 +
1480 +4.5 Limits of Share Alike. The requirements of Section 4.4 do not apply
1481 +in the following:
1482 +
1483 + a. For the avoidance of doubt, You are not required to license
1484 + Collective Databases under this License if You incorporate this
1485 + Database or a Derivative Database in the collection, but this License
1486 + still applies to this Database or a Derivative Database as a part of
1487 + the Collective Database;
1488 +
1489 + b. Using this Database, a Derivative Database, or this Database as
1490 + part of a Collective Database to create a Produced Work does not
1491 + create a Derivative Database for purposes of Section 4.4; and
1492 +
1493 + c. Use of a Derivative Database internally within an organisation is
1494 + not to the public and therefore does not fall under the requirements
1495 + of Section 4.4.
1496 +
1497 +4.6 Access to Derivative Databases. If You Publicly Use a Derivative
1498 +Database or a Produced Work from a Derivative Database, You must also
1499 +offer to recipients of the Derivative Database or Produced Work a copy
1500 +in a machine readable form of:
1501 +
1502 + a. The entire Derivative Database; or
1503 +
1504 + b. A file containing all of the alterations made to the Database or
1505 + the method of making the alterations to the Database (such as an
1506 + algorithm), including any additional Contents, that make up all the
1507 + differences between the Database and the Derivative Database.
1508 +
1509 +The Derivative Database (under a.) or alteration file (under b.) must be
1510 +available at no more than a reasonable production cost for physical
1511 +distributions and free of charge if distributed over the internet.
1512 +
1513 +4.7 Technological measures and additional terms
1514 +
1515 + a. This License does not allow You to impose (except subject to
1516 + Section 4.7 b.) any terms or any technological measures on the
1517 + Database, a Derivative Database, or the whole or a Substantial part of
1518 + the Contents that alter or restrict the terms of this License, or any
1519 + rights granted under it, or have the effect or intent of restricting
1520 + the ability of any person to exercise those rights.
1521 +
1522 + b. Parallel distribution. You may impose terms or technological
1523 + measures on the Database, a Derivative Database, or the whole or a
1524 + Substantial part of the Contents (a "Restricted Database") in
1525 + contravention of Section 4.74 a. only if You also make a copy of the
1526 + Database or a Derivative Database available to the recipient of the
1527 + Restricted Database:
1528 +
1529 + i. That is available without additional fee;
1530 +
1531 + ii. That is available in a medium that does not alter or restrict
1532 + the terms of this License, or any rights granted under it, or have
1533 + the effect or intent of restricting the ability of any person to
1534 + exercise those rights (an "Unrestricted Database"); and
1535 +
1536 + iii. The Unrestricted Database is at least as accessible to the
1537 + recipient as a practical matter as the Restricted Database.
1538 +
1539 + c. For the avoidance of doubt, You may place this Database or a
1540 + Derivative Database in an authenticated environment, behind a
1541 + password, or within a similar access control scheme provided that You
1542 + do not alter or restrict the terms of this License or any rights
1543 + granted under it or have the effect or intent of restricting the
1544 + ability of any person to exercise those rights.
1545 +
1546 +4.8 Licensing of others. You may not sublicense the Database. Each time
1547 +You communicate the Database, the whole or Substantial part of the
1548 +Contents, or any Derivative Database to anyone else in any way, the
1549 +Licensor offers to the recipient a license to the Database on the same
1550 +terms and conditions as this License. You are not responsible for
1551 +enforcing compliance by third parties with this License, but You may
1552 +enforce any rights that You have over a Derivative Database. You are
1553 +solely responsible for any modifications of a Derivative Database made
1554 +by You or another Person at Your direction. You may not impose any
1555 +further restrictions on the exercise of the rights granted or affirmed
1556 +under this License.
1557 +
1558 +### 5.0 Moral rights
1559 +
1560 +5.1 Moral rights. This section covers moral rights, including any rights
1561 +to be identified as the author of the Database or to object to treatment
1562 +that would otherwise prejudice the author's honour and reputation, or
1563 +any other derogatory treatment:
1564 +
1565 + a. For jurisdictions allowing waiver of moral rights, Licensor waives
1566 + all moral rights that Licensor may have in the Database to the fullest
1567 + extent possible by the law of the relevant jurisdiction under Section
1568 + 10.4;
1569 +
1570 + b. If waiver of moral rights under Section 5.1 a in the relevant
1571 + jurisdiction is not possible, Licensor agrees not to assert any moral
1572 + rights over the Database and waives all claims in moral rights to the
1573 + fullest extent possible by the law of the relevant jurisdiction under
1574 + Section 10.4; and
1575 +
1576 + c. For jurisdictions not allowing waiver or an agreement not to assert
1577 + moral rights under Section 5.1 a and b, the author may retain their
1578 + moral rights over certain aspects of the Database.
1579 +
1580 +Please note that some jurisdictions do not allow for the waiver of moral
1581 +rights, and so moral rights may still subsist over the Database in some
1582 +jurisdictions.
1583 +
1584 +### 6.0 Fair dealing, Database exceptions, and other rights not affected
1585 +
1586 +6.1 This License does not affect any rights that You or anyone else may
1587 +independently have under any applicable law to make any use of this
1588 +Database, including without limitation:
1589 +
1590 + a. Exceptions to the Database Right including: Extraction of Contents
1591 + from non-electronic Databases for private purposes, Extraction for
1592 + purposes of illustration for teaching or scientific research, and
1593 + Extraction or Re-utilisation for public security or an administrative
1594 + or judicial procedure.
1595 +
1596 + b. Fair dealing, fair use, or any other legally recognised limitation
1597 + or exception to infringement of copyright or other applicable laws.
1598 +
1599 +6.2 This License does not affect any rights of lawful users to Extract
1600 +and Re-utilise insubstantial parts of the Contents, evaluated
1601 +quantitatively or qualitatively, for any purposes whatsoever, including
1602 +creating a Derivative Database (subject to other rights over the
1603 +Contents, see Section 2.4). The repeated and systematic Extraction or
1604 +Re-utilisation of insubstantial parts of the Contents may however amount
1605 +to the Extraction or Re-utilisation of a Substantial part of the
1606 +Contents.
1607 +
1608 +### 7.0 Warranties and Disclaimer
1609 +
1610 +7.1 The Database is licensed by the Licensor "as is" and without any
1611 +warranty of any kind, either express, implied, or arising by statute,
1612 +custom, course of dealing, or trade usage. Licensor specifically
1613 +disclaims any and all implied warranties or conditions of title,
1614 +non-infringement, accuracy or completeness, the presence or absence of
1615 +errors, fitness for a particular purpose, merchantability, or otherwise.
1616 +Some jurisdictions do not allow the exclusion of implied warranties, so
1617 +this exclusion may not apply to You.
1618 +
1619 +### 8.0 Limitation of liability
1620 +
1621 +8.1 Subject to any liability that may not be excluded or limited by law,
1622 +the Licensor is not liable for, and expressly excludes, all liability
1623 +for loss or damage however and whenever caused to anyone by any use
1624 +under this License, whether by You or by anyone else, and whether caused
1625 +by any fault on the part of the Licensor or not. This exclusion of
1626 +liability includes, but is not limited to, any special, incidental,
1627 +consequential, punitive, or exemplary damages such as loss of revenue,
1628 +data, anticipated profits, and lost business. This exclusion applies
1629 +even if the Licensor has been advised of the possibility of such
1630 +damages.
1631 +
1632 +8.2 If liability may not be excluded by law, it is limited to actual and
1633 +direct financial loss to the extent it is caused by proved negligence on
1634 +the part of the Licensor.
1635 +
1636 +### 9.0 Termination of Your rights under this License
1637 +
1638 +9.1 Any breach by You of the terms and conditions of this License
1639 +automatically terminates this License with immediate effect and without
1640 +notice to You. For the avoidance of doubt, Persons who have received the
1641 +Database, the whole or a Substantial part of the Contents, Derivative
1642 +Databases, or the Database as part of a Collective Database from You
1643 +under this License will not have their licenses terminated provided
1644 +their use is in full compliance with this License or a license granted
1645 +under Section 4.8 of this License. Sections 1, 2, 7, 8, 9 and 10 will
1646 +survive any termination of this License.
1647 +
1648 +9.2 If You are not in breach of the terms of this License, the Licensor
1649 +will not terminate Your rights under it.
1650 +
1651 +9.3 Unless terminated under Section 9.1, this License is granted to You
1652 +for the duration of applicable rights in the Database.
1653 +
1654 +9.4 Reinstatement of rights. If you cease any breach of the terms and
1655 +conditions of this License, then your full rights under this License
1656 +will be reinstated:
1657 +
1658 + a. Provisionally and subject to permanent termination until the 60th
1659 + day after cessation of breach;
1660 +
1661 + b. Permanently on the 60th day after cessation of breach unless
1662 + otherwise reasonably notified by the Licensor; or
1663 +
1664 + c. Permanently if reasonably notified by the Licensor of the
1665 + violation, this is the first time You have received notice of
1666 + violation of this License from the Licensor, and You cure the
1667 + violation prior to 30 days after your receipt of the notice.
1668 +
1669 +Persons subject to permanent termination of rights are not eligible to
1670 +be a recipient and receive a license under Section 4.8.
1671 +
1672 +9.5 Notwithstanding the above, Licensor reserves the right to release
1673 +the Database under different license terms or to stop distributing or
1674 +making available the Database. Releasing the Database under different
1675 +license terms or stopping the distribution of the Database will not
1676 +withdraw this License (or any other license that has been, or is
1677 +required to be, granted under the terms of this License), and this
1678 +License will continue in full force and effect unless terminated as
1679 +stated above.
1680 +
1681 +### 10.0 General
1682 +
1683 +10.1 If any provision of this License is held to be invalid or
1684 +unenforceable, that must not affect the validity or enforceability of
1685 +the remainder of the terms and conditions of this License and each
1686 +remaining provision of this License shall be valid and enforced to the
1687 +fullest extent permitted by law.
1688 +
1689 +10.2 This License is the entire agreement between the parties with
1690 +respect to the rights granted here over the Database. It replaces any
1691 +earlier understandings, agreements or representations with respect to
1692 +the Database.
1693 +
1694 +10.3 If You are in breach of the terms of this License, You will not be
1695 +entitled to rely on the terms of this License or to complain of any
1696 +breach by the Licensor.
1697 +
1698 +10.4 Choice of law. This License takes effect in and will be governed by
1699 +the laws of the relevant jurisdiction in which the License terms are
1700 +sought to be enforced. If the standard suite of rights granted under
1701 +applicable copyright law and Database Rights in the relevant
1702 +jurisdiction includes additional rights not granted under this License,
1703 +these additional rights are granted in this License in order to meet the
1704 +terms of this License.
1705
1706
1707
1708 1.2 licenses/julius
1709
1710 file : http://sources.gentoo.org/viewvc.cgi/gentoo-x86/licenses/julius?rev=1.2&view=markup
1711 plain: http://sources.gentoo.org/viewvc.cgi/gentoo-x86/licenses/julius?rev=1.2&content-type=text/plain
1712 diff : http://sources.gentoo.org/viewvc.cgi/gentoo-x86/licenses/julius?r1=1.1&r2=1.2
1713
1714 Index: julius
1715 ===================================================================
1716 RCS file: /var/cvsroot/gentoo-x86/licenses/julius,v
1717 retrieving revision 1.1
1718 retrieving revision 1.2
1719 diff -u -r1.1 -r1.2
1720 --- julius 31 Mar 2013 22:44:46 -0000 1.1
1721 +++ julius 23 Jan 2014 18:16:19 -0000 1.2
1722 @@ -1,100 +1,100 @@
1723 -*** This is English translation of the Japanese original for reference ***
1724 -
1725 -
1726 - Large Vocabulary Continuous Speech Recognition Engine Julius
1727 -
1728 -
1729 - Copyright (c) 1997-2000 Information-technology Promotion Agency, Japan
1730 - Copyright (c) 1991-2008 Kawahara Lab., Kyoto University
1731 - Copyright (c) 2000-2005 Shikano Lab., Nara Institute of Science and Technology
1732 - Copyright (c) 2005-2008 Julius project team, Nagoya Institute of Technology
1733 -
1734 -"Large Vocabulary Continuous Speech Recognition Engine Julius",
1735 -including Julian, is being developed at Kawahara Lab., Kyoto
1736 -University, Shikano Lab., Nara Institute of Science and Technology,
1737 -and Julius project team, Nagoya Institute of Technology (collectively
1738 -referred to herein as the "Licensers"). Julius was funded by the
1739 -Advanced Information Technology Program Project of
1740 -Information-technology Promotion Agency (IPA), Japan for three years
1741 -since 1997.
1742 -
1743 -The Licensers reserve the copyright thereto. However, as long as you
1744 -accept and remain in strict compliance with the terms and conditions
1745 -of the license set forth herein, you are hereby granted a royalty-free
1746 -license to use "Large Vocabulary Continuous Speech Recognition Engine
1747 -Julius" including the source code thereof and the documentation
1748 -thereto (collectively referred to herein as the "Software"). Use by
1749 -you of the Software shall constitute acceptance by you of all terms
1750 -and conditions of the license set forth herein.
1751 -
1752 - TERMS AND CONDITIONS OF LICENSE
1753 -
1754 -1. So long as you accept and strictly comply with the terms and
1755 -conditions of the license set forth herein, the Licensers will not
1756 -enforce the copyright or moral rights in respect of the Software, in
1757 -connection with the use, copying, duplication, adaptation,
1758 -modification, preparation of a derivative work, aggregation with
1759 -another program, or insertion into another program of the Software or
1760 -the distribution or transmission of the Software. However, in the
1761 -event you or any other user of the Software revises all or any portion
1762 -of the Software, and such revision is distributed, then, in addition
1763 -to the notice required to be affixed pursuant to paragraph 2 below, a
1764 -notice shall be affixed indicating that the Software has been revised,
1765 -and indicating the date of such revision and the name of the person or
1766 -entity that made the revision.
1767 -
1768 -2. In the event you provide to any third party all or any portion of
1769 -the Software, whether for copying, duplication, adaptation,
1770 -modification, preparation of a derivative work, aggregation with
1771 -another program, insertion into another program, or other use, you
1772 -shall affix the following copyright notice and all terms and
1773 -conditions of this license (both the Japanese original and English
1774 -translation) as set forth herein, without any revision or change
1775 -whatsoever.
1776 -
1777 - Form of copyright notice:
1778 -
1779 - Copyright (c) 1997-2000 Information-technology Promotion Agency, Japan
1780 - Copyright (c) 1991-2008 Kawahara Lab., Kyoto University
1781 - Copyright (c) 2000-2005 Shikano Lab., Nara Institute of Science and Technology
1782 - Copyright (c) 2005-2008 Julius project team, Nagoya Institute of Technology
1783 -
1784 -3. When you publish or present any results by using the Software, you
1785 -must explicitly mention your use of "Large Vocabulary Continuous
1786 -Speech Recognition Engine Julius".
1787 -
1788 -4. The Licensers are licensing the Software, which is the trial
1789 -product of research and project, on an "as is" and royalty-free basis,
1790 -and makes no warranty or guaranty whatsoever with respect to the
1791 -Software, whether express or implied, irrespective of the nation where
1792 -used, and whether or not arising out of statute or otherwise,
1793 -including but not limited to any warranty or guaranty with respect to
1794 -quality, performance, merchantability, fitness for a particular
1795 -purpose, absence of defects, or absence of infringement of copyright,
1796 -patent rights, trademark rights or other intellectual property rights,
1797 -trade secrets or proprietary rights of any third party. You and every
1798 -other user of the Software hereby acknowledge that the Software is
1799 -licensed without any warranty or guaranty, and assume all risks
1800 -arising out of the absence of any warranty or guaranty. In the event
1801 -the terms and conditions of this license are inconsistent with the
1802 -obligations imposed upon you by judgment of a court or for any other
1803 -reason, you may not use the Software.
1804 -
1805 -The Licensers shall not have any liability to you or to any third
1806 -party for damages or liabilities of any nature whatsoever arising out
1807 -of your use of or inability to use the Software, whether of an
1808 -ordinary, special, direct, indirect, consequential or incidental
1809 -nature (including without limitation lost profits) or otherwise, and
1810 -whether arising out of contract, negligence, tortuous conduct, product
1811 -liability or any other legal theory or reason whatsoever of any nation
1812 -or jurisdiction.
1813 -
1814 -5. This license of use of the Software shall be governed by the laws
1815 -of Japan, and the Kyoto District Court shall have exclusive primary
1816 -jurisdiction with respect to all disputes arising with respect
1817 -thereto.
1818 -
1819 -6. Inquiries for support or maintenance of the Software, or inquiries
1820 -concerning this license of use besides the conditions above, may be
1821 -sent to Julius project team, Nagoya Institute of Technology, or
1822 -Kawahara Lab., Kyoto University.
1823 +*** This is English translation of the Japanese original for reference ***
1824 +
1825 +
1826 + Large Vocabulary Continuous Speech Recognition Engine Julius
1827 +
1828 +
1829 + Copyright (c) 1997-2000 Information-technology Promotion Agency, Japan
1830 + Copyright (c) 1991-2008 Kawahara Lab., Kyoto University
1831 + Copyright (c) 2000-2005 Shikano Lab., Nara Institute of Science and Technology
1832 + Copyright (c) 2005-2008 Julius project team, Nagoya Institute of Technology
1833 +
1834 +"Large Vocabulary Continuous Speech Recognition Engine Julius",
1835 +including Julian, is being developed at Kawahara Lab., Kyoto
1836 +University, Shikano Lab., Nara Institute of Science and Technology,
1837 +and Julius project team, Nagoya Institute of Technology (collectively
1838 +referred to herein as the "Licensers"). Julius was funded by the
1839 +Advanced Information Technology Program Project of
1840 +Information-technology Promotion Agency (IPA), Japan for three years
1841 +since 1997.
1842 +
1843 +The Licensers reserve the copyright thereto. However, as long as you
1844 +accept and remain in strict compliance with the terms and conditions
1845 +of the license set forth herein, you are hereby granted a royalty-free
1846 +license to use "Large Vocabulary Continuous Speech Recognition Engine
1847 +Julius" including the source code thereof and the documentation
1848 +thereto (collectively referred to herein as the "Software"). Use by
1849 +you of the Software shall constitute acceptance by you of all terms
1850 +and conditions of the license set forth herein.
1851 +
1852 + TERMS AND CONDITIONS OF LICENSE
1853 +
1854 +1. So long as you accept and strictly comply with the terms and
1855 +conditions of the license set forth herein, the Licensers will not
1856 +enforce the copyright or moral rights in respect of the Software, in
1857 +connection with the use, copying, duplication, adaptation,
1858 +modification, preparation of a derivative work, aggregation with
1859 +another program, or insertion into another program of the Software or
1860 +the distribution or transmission of the Software. However, in the
1861 +event you or any other user of the Software revises all or any portion
1862 +of the Software, and such revision is distributed, then, in addition
1863 +to the notice required to be affixed pursuant to paragraph 2 below, a
1864 +notice shall be affixed indicating that the Software has been revised,
1865 +and indicating the date of such revision and the name of the person or
1866 +entity that made the revision.
1867 +
1868 +2. In the event you provide to any third party all or any portion of
1869 +the Software, whether for copying, duplication, adaptation,
1870 +modification, preparation of a derivative work, aggregation with
1871 +another program, insertion into another program, or other use, you
1872 +shall affix the following copyright notice and all terms and
1873 +conditions of this license (both the Japanese original and English
1874 +translation) as set forth herein, without any revision or change
1875 +whatsoever.
1876 +
1877 + Form of copyright notice:
1878 +
1879 + Copyright (c) 1997-2000 Information-technology Promotion Agency, Japan
1880 + Copyright (c) 1991-2008 Kawahara Lab., Kyoto University
1881 + Copyright (c) 2000-2005 Shikano Lab., Nara Institute of Science and Technology
1882 + Copyright (c) 2005-2008 Julius project team, Nagoya Institute of Technology
1883 +
1884 +3. When you publish or present any results by using the Software, you
1885 +must explicitly mention your use of "Large Vocabulary Continuous
1886 +Speech Recognition Engine Julius".
1887 +
1888 +4. The Licensers are licensing the Software, which is the trial
1889 +product of research and project, on an "as is" and royalty-free basis,
1890 +and makes no warranty or guaranty whatsoever with respect to the
1891 +Software, whether express or implied, irrespective of the nation where
1892 +used, and whether or not arising out of statute or otherwise,
1893 +including but not limited to any warranty or guaranty with respect to
1894 +quality, performance, merchantability, fitness for a particular
1895 +purpose, absence of defects, or absence of infringement of copyright,
1896 +patent rights, trademark rights or other intellectual property rights,
1897 +trade secrets or proprietary rights of any third party. You and every
1898 +other user of the Software hereby acknowledge that the Software is
1899 +licensed without any warranty or guaranty, and assume all risks
1900 +arising out of the absence of any warranty or guaranty. In the event
1901 +the terms and conditions of this license are inconsistent with the
1902 +obligations imposed upon you by judgment of a court or for any other
1903 +reason, you may not use the Software.
1904 +
1905 +The Licensers shall not have any liability to you or to any third
1906 +party for damages or liabilities of any nature whatsoever arising out
1907 +of your use of or inability to use the Software, whether of an
1908 +ordinary, special, direct, indirect, consequential or incidental
1909 +nature (including without limitation lost profits) or otherwise, and
1910 +whether arising out of contract, negligence, tortuous conduct, product
1911 +liability or any other legal theory or reason whatsoever of any nation
1912 +or jurisdiction.
1913 +
1914 +5. This license of use of the Software shall be governed by the laws
1915 +of Japan, and the Kyoto District Court shall have exclusive primary
1916 +jurisdiction with respect to all disputes arising with respect
1917 +thereto.
1918 +
1919 +6. Inquiries for support or maintenance of the Software, or inquiries
1920 +concerning this license of use besides the conditions above, may be
1921 +sent to Julius project team, Nagoya Institute of Technology, or
1922 +Kawahara Lab., Kyoto University.