v2/licenses/CDLA-Permissive-1.0.txt

Community Data License Agreement - Permissive - Version 1.0

This is the Community Data License Agreement – Permissive, Version 1.0

(“Agreement”). Data is provided to You under this Agreement by each of the Data
Providers. Your exercise of any of the rights and permissions granted below constitutes
Your acceptance and agreement to be bound by the terms and conditions of this
Agreement.

The benefits that each Data Provider receives from making Data available and that You
receive from Data or otherwise under these terms and conditions shall be deemed
sufficient consideration for the formation of this Agreement. Accordingly, Data
Provider(s) and You (the “Parties”) agree as follows:

Section 1. Definitions

1.1 “Add” means to supplement Data with Your own or someone else’s Data, resulting in
Your “Additions.” Additions do not include Results.

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

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

1.4 “Data Provider” means any Entity (including any employee or contractor of such
Entity authorized to Publish Data on behalf of such Entity) that Publishes Data under this
Agreement prior to Your Receiving it.

1.5 “Enhanced Data” means the subset of Data that You Publish and that is composed of
(a) Your Additions and/or (b) Modifications to Data You have received under this
Agreement.

1.6 “Entity” means any natural person or organization that exists under the laws of the
jurisdiction in which it is organized, together with all other entities that control, are
controlled by, or are under common control with that entity. For the purposes of this
definition, “control” means (a) the power, directly or indirectly, to cause the direction or
management of such entity, whether by contract or otherwise, (b) the ownership of more
than fifty percent (50%) of the outstanding shares or securities, (c) the beneficial
ownership of such entity or, (d) the ability to appoint, whether by agreement or right, the
majority of directors of an Entity.

1.7 “Modify” means to delete, erase, correct or re-arrange Data, resulting in
“Modifications.” Modifications do not include Results.

1.8 “Publish” means to make all or a subset of Data (including Your Enhanced Data)
available in any manner which enables its Use, including by providing a copy on physical
media or remote access. For any form of Entity, that is to make the Data available to any
individual who is not employed by that Entity or engaged as a contractor or agent to
perform work on that Entity’s behalf. A “Publication” occurs each time You Publish
Data.

1.9 “Receive” or “Receives” means to have been given access to Data, locally or
remotely.

1.10 “Results” means the outcomes or outputs that You obtain from Your Computational
Use of Data. Results shall not include more than a de minimis portion of the Data on
which the Computational Use is based.

1.11 “Sui Generis Database Rights” means rights, other than copyright, resulting from
Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on
the legal protection of databases, as amended and/or succeeded, as well as other
equivalent rights anywhere in the world.

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

1.13 “You” or “Your” means any Entity that Receives Data under this Agreement.

Section 2. Right and License to Use and to Publish

2.1 Subject to the conditions set forth in Section 3 of this Agreement, Data Provider(s)
hereby grant(s) to You a worldwide, non-exclusive, irrevocable (except as provided in
Section 5) right to: (a) Use Data; and (b) Publish Data.

2.2 To the extent that the Data or the coordination, selection or arrangement of Data is
protected or protectable under copyright, Sui Generis Database Rights, or other law, Data
Provider(s) further agree(s) that such Data or coordination, selection or arrangement is
hereby licensed to You and to anyone else who Receives Data under this Agreement for
Use and Publication, subject to the conditions set forth in Section 3 of this Agreement.

2.3 Except for these rights and licenses expressly granted, no other intellectual property
rights are granted or should be implied.

Section 3. Conditions on Rights Granted

3.1 If You Publish Data You Receive or Enhanced Data:

(a) You may do so under a license of Your choice provided that You give anyone
who Receives the Data from You the text of this Agreement, the name of this
Agreement and/or a hyperlink or other method reasonably likely to provide a
copy of the text of this Agreement; and

(b) You must cause any Data files containing Enhanced Data to carry prominent
notices that You have changed those files; and

(c) If You Publish Data You Receive, You must preserve all credit or attribution
to the Data Provider(s). Such retained credit or attribution includes any of the
following to the extent they exist in Data as You have Received it: legal
notices or metadata; identification of the Data Provider(s); or hyperlinks to
Data to the extent it is practical to do so.

3.2 You may provide additional or different license terms and conditions for use,
reproduction, or distribution of that Enhanced Data, or for any combination of Data and
Enhanced Data as a whole, provided that Your Use and Publication of that combined
Data otherwise complies with the conditions stated in this License.

3.3 You and each Data Provider agree that Enhanced Data shall not be considered a work
of joint authorship by virtue of its relationship to Data licensed under this Agreement and
shall not require either any obligation of accounting to or the consent of any Data
Provider.

3.4 This Agreement imposes no obligations or restrictions on Your Use or Publication of
Results.

Section 4. Data Provider(s)’ Representations

4.1 Each Data Provider represents that the Data Provider has exercised reasonable care,
to assure that: (a) the Data it Publishes was created or generated by it or was obtained
from others with the right to Publish the Data under this Agreement; and (b) Publication
of such Data does not violate any privacy or confidentiality obligation undertaken by the
Data Provider.

Section 5. Termination

5.1 All of Your rights under this Agreement will terminate, and Your right to Receive,
Use or Publish the Data will be revoked or modified if You materially fail to comply with
the terms and conditions of this Agreement and You do not cure such failure in a
reasonable period of time after becoming aware of such noncompliance. If Your rights
under this Agreement terminate, You agree to cease Receipt, Use and Publication of
Data. However, Your obligations and any rights and permissions granted by You under
this Agreement relating to Data that You Published prior to such termination will
continue and survive.

5.2 If You institute litigation against a Data Provider or anyone else who Receives the
Data (including a cross-claim in a lawsuit) based on the Data, other than a claim asserting
breach of this Agreement, then any rights previously granted to You to Receive, Use and
Publish Data under this Agreement will terminate as of the date such litigation is filed.

Section 6. Disclaimer of Warranties and Limitation of Liability

6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE DATA
(INCLUDING ENHANCED DATA) IS PROVIDED ON AN “AS IS” BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS
OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR
CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.

6.2 NEITHER YOU NOR ANY DATA PROVIDERS SHALL HAVE ANY LIABILITY
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
DISTRIBUTION OF THE DATA OR THE EXERCISE OF ANY RIGHTS GRANTED
HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 7. Miscellaneous

7.1 You agree that it is solely Your responsibility to comply with all applicable laws with
regard to Your Use or Publication of Data, including any applicable privacy, data
protection, security and export laws. You agree to take reasonable steps to assist a Data
Provider fulfilling responsibilities to comply with applicable laws with regard to Use or
Publication of Data Received hereunder.

7.2 You and Data Provider(s), collectively and individually, waive and/or agree not to
assert, to the extent permitted by law, any moral rights You or they hold in Data.

7.3 This Agreement confers no rights or remedies upon any person or entity other than
the Parties and their respective heirs, executors, successors and assigns.

7.4 The Data Provider(s) reserve no right or expectation of privacy, data protection or
confidentiality in any Data that they Publish under this Agreement. If You choose to
Publish Data under this Agreement, You similarly do so with no reservation or
expectation of any rights of privacy or confidentiality in that Data.

7.5 The Community Data License Agreement workgroup under The Linux Foundation is
the steward of this Agreement (“Steward”). No one other than the Steward has the right
to modify or publish new versions of this Agreement. Each version will be given a
distinguishing version number. You may Use and Publish Data Received hereunder
under the terms of the version of the Agreement under which You originally Received the
Data, or under the terms of any subsequent version published by the Steward.