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Gentoo's Bugzilla – Attachment 335118 Details for
Bug 442210
new ebuild: www-servers/meteor - An open-source platform for building top-quality web apps in a fraction of the time.
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ODbL-1.0
file_442210.txt (text/plain), 25.25 KB, created by
Tom Wijsman (TomWij) (RETIRED)
on 2013-01-10 22:41:50 UTC
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Description:
ODbL-1.0
Filename:
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Creator:
Tom Wijsman (TomWij) (RETIRED)
Created:
2013-01-10 22:41:50 UTC
Size:
25.25 KB
patch
obsolete
>## 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" â 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" â 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" â 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" â 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" â 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" â 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" â 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" â 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" â Means this license agreement and is both a license of rights >such as copyright and Database Rights and an agreement in contract. > >"Licensor" â Means the Person that offers the Database under the terms >of this License. > >"Person" â Means a natural or legal person or a body of persons >corporate or incorporate. > >"Produced Work" â 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" â 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" â 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" â 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" â 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" â 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.
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bug 442210
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328708
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335116
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