status-nordgedanken-dev

LICENSE (25398B)

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 ## ODC Open Database License (ODbL)
 
 ### Preamble
 
 The Open Database License (ODbL) is a license agreement intended to
 allow users to freely share, modify, and use this Database while
 maintaining this same freedom for others. Many databases are covered by
 copyright, and therefore this document licenses these rights. Some
 jurisdictions, mainly in the European Union, have specific rights that
 cover databases, and so the ODbL addresses these rights, too. Finally,
 the ODbL is also an agreement in contract for users of this Database to
 act in certain ways in return for accessing this Database.
 
 Databases can contain a wide variety of types of content (images,
 audiovisual material, and sounds all in the same database, for example),
 and so the ODbL only governs the rights over the Database, and not the
 contents of the Database individually. Licensors should use the ODbL
 together with another license for the contents, if the contents have a
 single set of rights that uniformly covers all of the contents. If the
 contents have multiple sets of different rights, Licensors should
 describe what rights govern what contents together in the individual
 record or in some other way that clarifies what rights apply. 
 
 Sometimes the contents of a database, or the database itself, can be
 covered by other rights not addressed here (such as private contracts,
 trade mark over the name, or privacy rights / data protection rights
 over information in the contents), and so you are advised that you may
 have to consult other documents or clear other rights before doing
 activities not covered by this License.
 
 ------
 
 The Licensor (as defined below) 
 
 and 
 
 You (as defined below) 
 
 agree as follows: 
 
 ### 1.0 Definitions of Capitalised Words
 
 "Collective Database" – Means this Database in unmodified form as part
 of a collection of independent databases in themselves that together are
 assembled into a collective whole. A work that constitutes a Collective
 Database will not be considered a Derivative Database.
 
 "Convey" – As a verb, means Using the Database, a Derivative Database,
 or the Database as part of a Collective Database in any way that enables
 a Person to make or receive copies of the Database or a Derivative
 Database.  Conveying does not include interaction with a user through a
 computer network, or creating and Using a Produced Work, where no
 transfer of a copy of the Database or a Derivative Database occurs.
 "Contents" – The contents of this Database, which includes the
 information, independent works, or other material collected into the
 Database. For example, the contents of the Database could be factual
 data or works such as images, audiovisual material, text, or sounds.
 
 "Database" – A collection of material (the Contents) arranged in a
 systematic or methodical way and individually accessible by electronic
 or other means offered under the terms of this License.
 
 "Database Directive" – Means Directive 96/9/EC of the European
 Parliament and of the Council of 11 March 1996 on the legal protection
 of databases, as amended or succeeded.
 
 "Database Right" – Means rights resulting from the Chapter III ("sui
 generis") rights in the Database Directive (as amended and as transposed
 by member states), which includes the Extraction and Re-utilisation of
 the whole or a Substantial part of the Contents, as well as any similar
 rights available in the relevant jurisdiction under Section 10.4. 
 
 "Derivative Database" – Means a database based upon the Database, and
 includes any translation, adaptation, arrangement, modification, or any
 other alteration of the Database or of a Substantial part of the
 Contents. This includes, but is not limited to, Extracting or
 Re-utilising the whole or a Substantial part of the Contents in a new
 Database.
 
 "Extraction" – Means the permanent or temporary transfer of all or a
 Substantial part of the Contents to another medium by any means or in
 any form.
 
 "License" – Means this license agreement and is both a license of rights
 such as copyright and Database Rights and an agreement in contract.
 
 "Licensor" – Means the Person that offers the Database under the terms
 of this License. 
 
 "Person" – Means a natural or legal person or a body of persons
 corporate or incorporate.
 
 "Produced Work" –  a work (such as an image, audiovisual material, text,
 or sounds) resulting from using the whole or a Substantial part of the
 Contents (via a search or other query) from this Database, a Derivative
 Database, or this Database as part of a Collective Database.  
 
 "Publicly" – means to Persons other than You or under Your control by
 either more than 50% ownership or by the power to direct their
 activities (such as contracting with an independent consultant). 
 
 "Re-utilisation" – means any form of making available to the public all
 or a Substantial part of the Contents by the distribution of copies, by
 renting, by online or other forms of transmission.
 
 "Substantial" – Means substantial in terms of quantity or quality or a
 combination of both. The repeated and systematic Extraction or
 Re-utilisation of insubstantial parts of the Contents may amount to the
 Extraction or Re-utilisation of a Substantial part of the Contents.
 
 "Use" – As a verb, means doing any act that is restricted by copyright
 or Database Rights whether in the original medium or any other; and
 includes without limitation distributing, copying, publicly performing,
 publicly displaying, and preparing derivative works of the Database, as
 well as modifying the Database as may be technically necessary to use it
 in a different mode or format. 
 
 "You" – Means a Person exercising rights under this License who has not
 previously violated the terms of this License with respect to the
 Database, or who has received express permission from the Licensor to
 exercise rights under this License despite a previous violation.
 
 Words in the singular include the plural and vice versa.
 
 ### 2.0 What this License covers
 
 2.1. Legal effect of this document. This License is:
 
   a. A license of applicable copyright and neighbouring rights;
 
   b. A license of the Database Right; and
 
   c. An agreement in contract between You and the Licensor.
 
 2.2 Legal rights covered. This License covers the legal rights in the
 Database, including:
 
   a. Copyright. Any copyright or neighbouring rights in the Database.
   The copyright licensed includes any individual elements of the
   Database, but does not cover the copyright over the Contents
   independent of this Database. See Section 2.4 for details. Copyright
   law varies between jurisdictions, but is likely to cover: the Database
   model or schema, which is the structure, arrangement, and organisation
   of the Database, and can also include the Database tables and table
   indexes; the data entry and output sheets; and the Field names of
   Contents stored in the Database;
 
   b. Database Rights. Database Rights only extend to the Extraction and
   Re-utilisation of the whole or a Substantial part of the Contents.
   Database Rights can apply even when there is no copyright over the
   Database. Database Rights can also apply when the Contents are removed
   from the Database and are selected and arranged in a way that would
   not infringe any applicable copyright; and
 
   c. Contract. This is an agreement between You and the Licensor for
   access to the Database. In return you agree to certain conditions of
   use on this access as outlined in this License. 
 
 2.3 Rights not covered. 
 
   a. This License does not apply to computer programs used in the making
   or operation of the Database; 
 
   b. This License does not cover any patents over the Contents or the
   Database; and
 
   c. This License does not cover any trademarks associated with the
   Database. 
 
 2.4 Relationship to Contents in the Database. The individual items of
 the Contents contained in this Database may be covered by other rights,
 including copyright, patent, data protection, privacy, or personality
 rights, and this License does not cover any rights (other than Database
 Rights or in contract) in individual Contents contained in the Database.
 For example, if used on a Database of images (the Contents), this
 License would not apply to copyright over individual images, which could
 have their own separate licenses, or one single license covering all of
 the rights over the images.  
 
 ### 3.0 Rights granted
 
 3.1 Subject to the terms and conditions of this License, the Licensor
 grants to You a worldwide, royalty-free, non-exclusive, terminable (but
 only under Section 9) license to Use the Database for the duration of
 any applicable copyright and Database Rights. These rights explicitly
 include commercial use, and do not exclude any field of endeavour. To
 the extent possible in the relevant jurisdiction, these rights may be
 exercised in all media and formats whether now known or created in the
 future. 
 
 The rights granted cover, for example:
 
   a. Extraction and Re-utilisation of the whole or a Substantial part of
   the Contents;
 
   b. Creation of Derivative Databases;
 
   c. Creation of Collective Databases;
 
   d. Creation of temporary or permanent reproductions by any means and
   in any form, in whole or in part, including of any Derivative
   Databases or as a part of Collective Databases; and
 
   e. Distribution, communication, display, lending, making available, or
   performance to the public by any means and in any form, in whole or in
   part, including of any Derivative Database or as a part of Collective
   Databases.
 
 3.2 Compulsory license schemes. For the avoidance of doubt:
 
   a. Non-waivable compulsory license schemes. In those jurisdictions in
   which the right to collect royalties through any statutory or
   compulsory licensing scheme cannot be waived, the Licensor reserves
   the exclusive right to collect such royalties for any exercise by You
   of the rights granted under this License;
 
   b. Waivable compulsory license schemes. In those jurisdictions in
   which the right to collect royalties through any statutory or
   compulsory licensing scheme can be waived, the Licensor waives the
   exclusive right to collect such royalties for any exercise by You of
   the rights granted under this License; and,
 
   c. Voluntary license schemes. The Licensor waives the right to collect
   royalties, whether individually or, in the event that the Licensor is
   a member of a collecting society that administers voluntary licensing
   schemes, via that society, from any exercise by You of the rights
   granted under this License.
 
 3.3 The right to release the Database under different terms, or to stop
 distributing or making available the Database, is reserved. Note that
 this Database may be multiple-licensed, and so You may have the choice
 of using alternative licenses for this Database. Subject to Section
 10.4, all other rights not expressly granted by Licensor are reserved.
 
 ### 4.0 Conditions of Use
 
 4.1 The rights granted in Section 3 above are expressly made subject to
 Your complying with the following conditions of use. These are important
 conditions of this License, and if You fail to follow them, You will be
 in material breach of its terms.
 
 4.2 Notices. If You Publicly Convey this Database, any Derivative
 Database, or the Database as part of a Collective Database, then You
 must: 
 
   a. Do so only under the terms of this License or another license
   permitted under Section 4.4;
 
   b. Include a copy of this License (or, as applicable, a license
   permitted under Section 4.4) or its Uniform Resource Identifier (URI)
   with the Database or Derivative Database, including both in the
   Database or Derivative Database and in any relevant documentation; and
 
   c. Keep intact any copyright or Database Right notices and notices
   that refer to this License.
 
   d. If it is not possible to put the required notices in a particular
   file due to its structure, then You must include the notices in a
   location (such as a relevant directory) where users would be likely to
   look for it.
 
 4.3 Notice for using output (Contents). Creating and Using a Produced
 Work does not require the notice in Section 4.2. However, if you
 Publicly Use a Produced Work, You must include a notice associated with
 the Produced Work reasonably calculated to make any Person that uses,
 views, accesses, interacts with, or is otherwise exposed to the Produced
 Work aware that Content was obtained from the Database, Derivative
 Database, or the Database as part of a Collective Database, and that it
 is available under this License.
 
   a. Example notice. The following text will satisfy notice under
   Section 4.3:
 
         Contains information from DATABASE NAME, which is made available
         here under the Open Database License (ODbL).
 
 DATABASE NAME should be replaced with the name of the Database and a
 hyperlink to the URI of the Database. "Open Database License" should
 contain a hyperlink to the URI of the text of this License. If
 hyperlinks are not possible, You should include the plain text of the
 required URI's with the above notice.
  
 4.4 Share alike. 
 
   a. Any Derivative Database that You Publicly Use must be only under
   the terms of: 
 
     i. This License;
 
     ii. A later version of this License similar in spirit to this
       License; or
 
     iii. A compatible license. 
 
   If You license the Derivative Database under one of the licenses
   mentioned in (iii), You must comply with the terms of that license. 
 
   b. For the avoidance of doubt, Extraction or Re-utilisation of the
   whole or a Substantial part of the Contents into a new database is a
   Derivative Database and must comply with Section 4.4. 
 
   c. Derivative Databases and Produced Works.  A Derivative Database is
   Publicly Used and so must comply with Section 4.4. if a Produced Work
   created from the Derivative Database is Publicly Used.
 
   d. Share Alike and additional Contents. For the avoidance of doubt,
   You must not add Contents to Derivative Databases under Section 4.4 a
   that are incompatible with the rights granted under this License. 
 
   e. Compatible licenses. Licensors may authorise a proxy to determine
   compatible licenses under Section 4.4 a iii. If they do so, the
   authorised proxy's public statement of acceptance of a compatible
   license grants You permission to use the compatible license.
 
 
 4.5 Limits of Share Alike.  The requirements of Section 4.4 do not apply
 in the following:
 
   a. For the avoidance of doubt, You are not required to license
   Collective Databases under this License if You incorporate this
   Database or a Derivative Database in the collection, but this License
   still applies to this Database or a Derivative Database as a part of
   the Collective Database; 
 
   b. Using this Database, a Derivative Database, or this Database as
   part of a Collective Database to create a Produced Work does not
   create a Derivative Database for purposes of  Section 4.4; and
 
   c. Use of a Derivative Database internally within an organisation is
   not to the public and therefore does not fall under the requirements
   of Section 4.4.
 
 4.6 Access to Derivative Databases. If You Publicly Use a Derivative
 Database or a Produced Work from a Derivative Database, You must also
 offer to recipients of the Derivative Database or Produced Work a copy
 in a machine readable form of:
 
   a. The entire Derivative Database; or
 
   b. A file containing all of the alterations made to the Database or
   the method of making the alterations to the Database (such as an
   algorithm), including any additional Contents, that make up all the
   differences between the Database and the Derivative Database.
 
 The Derivative Database (under a.) or alteration file (under b.) must be
 available at no more than a reasonable production cost for physical
 distributions and free of charge if distributed over the internet.
 
 4.7 Technological measures and additional terms
 
   a. This License does not allow You to impose (except subject to
   Section 4.7 b.)  any terms or any technological measures on the
   Database, a Derivative Database, or the whole or a Substantial part of
   the Contents that alter or restrict the terms of this License, or any
   rights granted under it, or have the effect or intent of restricting
   the ability of any person to exercise those rights.
 
   b. Parallel distribution. You may impose terms or technological
   measures on the Database, a Derivative Database, or the whole or a
   Substantial part of the Contents (a "Restricted Database") in
   contravention of Section 4.74 a. only if You also make a copy of the
   Database or a Derivative Database available to the recipient of the
   Restricted Database:
 
     i. That is available without additional fee;
 
     ii. That is available in a medium that does not alter or restrict
     the terms of this License, or any rights granted under it, or have
     the effect or intent of restricting the ability of any person to
     exercise those rights (an "Unrestricted Database"); and
 
     iii. The Unrestricted Database is at least as accessible to the
     recipient as a practical matter as the Restricted Database.
 
   c. For the avoidance of doubt, You may place this Database or a
   Derivative Database in an authenticated environment, behind a
   password, or within a similar access control scheme provided that You
   do not alter or restrict the terms of this License or any rights
   granted under it or have the effect or intent of restricting the
   ability of any person to exercise those rights. 
 
 4.8 Licensing of others. You may not sublicense the Database. Each time
 You communicate the Database, the whole or Substantial part of the
 Contents, or any Derivative Database to anyone else in any way, the
 Licensor offers to the recipient a license to the Database on the same
 terms and conditions as this License. You are not responsible for
 enforcing compliance by third parties with this License, but You may
 enforce any rights that You have over a Derivative Database. You are
 solely responsible for any modifications of a Derivative Database made
 by You or another Person at Your direction. You may not impose any
 further restrictions on the exercise of the rights granted or affirmed
 under this License.
 
 ### 5.0 Moral rights
 
 5.1 Moral rights. This section covers moral rights, including any rights
 to be identified as the author of the Database or to object to treatment
 that would otherwise prejudice the author's honour and reputation, or
 any other derogatory treatment:
 
   a. For jurisdictions allowing waiver of moral rights, Licensor waives
   all moral rights that Licensor may have in the Database to the fullest
   extent possible by the law of the relevant jurisdiction under Section
   10.4; 
 
   b. If waiver of moral rights under Section 5.1 a in the relevant
   jurisdiction is not possible, Licensor agrees not to assert any moral
   rights over the Database and waives all claims in moral rights to the
   fullest extent possible by the law of the relevant jurisdiction under
   Section 10.4; and
 
   c. For jurisdictions not allowing waiver or an agreement not to assert
   moral rights under Section 5.1 a and b, the author may retain their
   moral rights over certain aspects of the Database.
 
 Please note that some jurisdictions do not allow for the waiver of moral
 rights, and so moral rights may still subsist over the Database in some
 jurisdictions.
 
 ### 6.0 Fair dealing, Database exceptions, and other rights not affected 
 
 6.1 This License does not affect any rights that You or anyone else may
 independently have under any applicable law to make any use of this
 Database, including without limitation:
 
   a. Exceptions to the Database Right including: Extraction of Contents
   from non-electronic Databases for private purposes, Extraction for
   purposes of illustration for teaching or scientific research, and
   Extraction or Re-utilisation for public security or an administrative
   or judicial procedure. 
 
   b. Fair dealing, fair use, or any other legally recognised limitation
   or exception to infringement of copyright or other applicable laws. 
 
 6.2 This License does not affect any rights of lawful users to Extract
 and Re-utilise insubstantial parts of the Contents, evaluated
 quantitatively or qualitatively, for any purposes whatsoever, including
 creating a Derivative Database (subject to other rights over the
 Contents, see Section 2.4). The repeated and systematic Extraction or
 Re-utilisation of insubstantial parts of the Contents may however amount
 to the Extraction or Re-utilisation of a Substantial part of the
 Contents.
 
 ### 7.0 Warranties and Disclaimer
 
 7.1 The Database is licensed by the Licensor "as is" and without any
 warranty of any kind, either express, implied, or arising by statute,
 custom, course of dealing, or trade usage. Licensor specifically
 disclaims any and all implied warranties or conditions of title,
 non-infringement, accuracy or completeness, the presence or absence of
 errors, fitness for a particular purpose, merchantability, or otherwise.
 Some jurisdictions do not allow the exclusion of implied warranties, so
 this exclusion may not apply to You.
 
 ### 8.0 Limitation of liability
 
 8.1 Subject to any liability that may not be excluded or limited by law,
 the Licensor is not liable for, and expressly excludes, all liability
 for loss or damage however and whenever caused to anyone by any use
 under this License, whether by You or by anyone else, and whether caused
 by any fault on the part of the Licensor or not. This exclusion of
 liability includes, but is not limited to, any special, incidental,
 consequential, punitive, or exemplary damages such as loss of revenue,
 data, anticipated profits, and lost business. This exclusion applies
 even if the Licensor has been advised of the possibility of such
 damages.
 
 8.2 If liability may not be excluded by law, it is limited to actual and
 direct financial loss to the extent it is caused by proved negligence on
 the part of the Licensor.
 
 ### 9.0 Termination of Your rights under this License
 
 9.1 Any breach by You of the terms and conditions of this License
 automatically terminates this License with immediate effect and without
 notice to You. For the avoidance of doubt, Persons who have received the
 Database, the whole or a Substantial part of the Contents, Derivative
 Databases, or the Database as part of a Collective Database from You
 under this License will not have their licenses terminated provided
 their use is in full compliance with this License or a license granted
 under Section 4.8 of this License.  Sections 1, 2, 7, 8, 9 and 10 will
 survive any termination of this License.
 
 9.2 If You are not in breach of the terms of this License, the Licensor
 will not terminate Your rights under it. 
 
 9.3 Unless terminated under Section 9.1, this License is granted to You
 for the duration of applicable rights in the Database. 
 
 9.4 Reinstatement of rights. If you cease any breach of the terms and
 conditions of this License, then your full rights under this License
 will be reinstated:
 
   a. Provisionally and subject to permanent termination until the 60th
   day after cessation of breach; 
 
   b. Permanently on the 60th day after cessation of breach unless
   otherwise reasonably notified by the Licensor; or
 
   c.  Permanently if reasonably notified by the Licensor of the
   violation, this is the first time You have received notice of
   violation of this License from  the Licensor, and You cure the
   violation prior to 30 days after your receipt of the notice.
 
 Persons subject to permanent termination of rights are not eligible to
 be a recipient and receive a license under Section 4.8.
 
 9.5 Notwithstanding the above, Licensor reserves the right to release
 the Database under different license terms or to stop distributing or
 making available the Database. Releasing the Database under different
 license terms or stopping the distribution of the Database will not
 withdraw this License (or any other license that has been, or is
 required to be, granted under the terms of this License), and this
 License will continue in full force and effect unless terminated as
 stated above.
 
 ### 10.0 General
 
 10.1 If any provision of this License is held to be invalid or
 unenforceable, that must not affect the validity or enforceability of
 the remainder of the terms and conditions of this License and each
 remaining provision of this License shall be valid and enforced to the
 fullest extent permitted by law. 
 
 10.2 This License is the entire agreement between the parties with
 respect to the rights granted here over the Database. It replaces any
 earlier understandings, agreements or representations with respect to
 the Database. 
 
 10.3 If You are in breach of the terms of this License, You will not be
 entitled to rely on the terms of this License or to complain of any
 breach by the Licensor. 
 
 10.4 Choice of law. This License takes effect in and will be governed by
 the laws of the relevant jurisdiction in which the License terms are
 sought to be enforced. If the standard suite of rights granted under
 applicable copyright law and Database Rights in the relevant
 jurisdiction includes additional rights not granted under this License,
 these additional rights are granted in this License in order to meet the
 terms of this License.