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    Community Data License Agreement Permissive 1.0 | Software Package Data Exchange (SPDX)

    
    
    
    
    
    

    

  

  

  

  
    
      
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      Community Data License Agreement Permissive 1.0
      false
      Full name
          Community Data License Agreement Permissive 1.0

      Short identifier
          CDLA-Permissive-1.0

      Other web pages for this license
          
            
             https://cdla.io/permissive-1-0
           
          
          
      false

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        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.
          

      

  
      

      Standard License Header
      
        There is no standard license header for the license
        
      
      
      <<beginOptional>> Community Data License Agreement - Permissive - Version 1.0<<endOptional>>
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:
   <<var;name="bullet";original="Section 1.";match=".{0,20}">> Definitions
      <<var;name="bullet";original="1.1";match=".{0,20}">> "Add" means to supplement Data with Your own or someone else's Data, resulting in Your "Additions." Additions do not include Results.
      <<var;name="bullet";original="1.2";match=".{0,20}">> "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.
      <<var;name="bullet";original="1.3";match=".{0,20}">> "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.
      <<var;name="bullet";original="1.4";match=".{0,20}">> "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.
      <<var;name="bullet";original="1.5";match=".{0,20}">> "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.
      <<var;name="bullet";original="1.6";match=".{0,20}">> "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.
      <<var;name="bullet";original="1.7";match=".{0,20}">> "Modify" means to delete, erase, correct or re-arrange Data, resulting in "Modifications." Modifications do not include Results.
      <<var;name="bullet";original="1.8";match=".{0,20}">> "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.
      <<var;name="bullet";original="1.9";match=".{0,20}">> "Receive" or "Receives" means to have been given access to Data, locally or remotely.
      <<var;name="bullet";original="1.10";match=".{0,20}">> "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.
      <<var;name="bullet";original="1.11";match=".{0,20}">> "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.
      <<var;name="bullet";original="1.12";match=".{0,20}">> "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.
      <<var;name="bullet";original="1.13";match=".{0,20}">> "You" or "Your" means any Entity that Receives Data under this Agreement.
   <<var;name="bullet";original="Section 2.";match=".{0,20}">> Right and License to Use and to Publish
      <<var;name="bullet";original="2.1";match=".{0,20}">> 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.
      <<var;name="bullet";original="2.2";match=".{0,20}">> 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.
      <<var;name="bullet";original="2.3";match=".{0,20}">> Except for these rights and licenses expressly granted, no other intellectual property rights are granted or should be implied.
   <<var;name="bullet";original="Section 3.";match=".{0,20}">> Conditions on Rights Granted
      <<var;name="bullet";original="3.1";match=".{0,20}">> If You Publish Data You Receive or Enhanced Data:
         <<var;name="bullet";original="(a)";match=".{0,20}">> 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
         <<var;name="bullet";original="(b)";match=".{0,20}">> You must cause any Data files containing Enhanced Data to carry prominent notices that You have changed those files; and
         <<var;name="bullet";original="(c)";match=".{0,20}">> 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.
      <<var;name="bullet";original="3.2";match=".{0,20}">> 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.
      <<var;name="bullet";original="3.3";match=".{0,20}">> 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.
      <<var;name="bullet";original="3.4";match=".{0,20}">> This Agreement imposes no obligations or restrictions on Your Use or Publication of Results.
   <<var;name="bullet";original="Section 4.";match=".{0,20}">> Data Provider(s)' Representations
      <<var;name="bullet";original="4.1";match=".{0,20}">> 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.
   <<var;name="bullet";original="Section 5.";match=".{0,20}">> Termination
      <<var;name="bullet";original="5.1";match=".{0,20}">> 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.
      <<var;name="bullet";original="5.2";match=".{0,20}">> 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.
   <<var;name="bullet";original="Section 6.";match=".{0,20}">> Disclaimer of Warranties and Limitation of Liability
      <<var;name="bullet";original="6.1";match=".{0,20}">> 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.
      <<var;name="bullet";original="6.2";match=".{0,20}">> 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.
   <<var;name="bullet";original="Section 7.";match=".{0,20}">> Miscellaneous
      <<var;name="bullet";original="7.1";match=".{0,20}">> 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.
      <<var;name="bullet";original="7.2";match=".{0,20}">> 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.
      <<var;name="bullet";original="7.3";match=".{0,20}">> This Agreement confers no rights or remedies upon any person or entity other than the Parties and their respective heirs, executors, successors and assigns.
      <<var;name="bullet";original="7.4";match=".{0,20}">> 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.
      <<var;name="bullet";original="7.5";match=".{0,20}">> 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.
      

    
 

    
      
        
          
            (c) 2016          SPDX Workgroup a Linux Foundation Collaborative Project. All Rights Reserved.        
            Linux Foundation is a registered trademark of The Linux Foundation. Linux is a registered trademark of Linus Torvalds.
            Please see our privacy policy and terms of use.
          
        
      
    

    
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