LICENSE-CDLA-Permissive-1.0

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.