CDLA-Sharing-1.0.txt

Community Data License Agreement – Sharing – Version 1.0

This is the Community Data License Agreement – Sharing, 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 “Ledger” means a digital record of Data or grants of rights in Data governed
by this Agreement, using any technology having functionality to record and
store Data or grants, contributions, or licenses to Data governed by this
Agreement.

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

1.9 “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.

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

1.11 “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.

1.12 “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.

1.13 “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.

1.14 “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) The Data (including the Enhanced Data) must be Published under this Agreement
in accordance with this Section 3; 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 not restrict or deter the ability of anyone who Receives the Data
(a) to Publish the Data in a publicly-accessible manner or (b) if the project
has designated a Ledger for recording Data or grants of rights in Data for
purposes of this Agreement, to record the Data or grants of rights in Data
in the Ledger.

3.3 If You Publish Data You Receive, You must do so under an unmodified form
of this Agreement and include 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.  You may not modify this Agreement or
impose any further restrictions on the exercise of the rights granted under
this Agreement, including by adding any restriction on commercial or non-commercial
Use of Data (including Your Enhanced Data) or by limiting permitted Use of
such Data to any particular platform, technology or field of endeavor.  Notices
that purport to modify this Agreement shall be of no effect.

3.4 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.

3.5 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.