CVS commit: pkgsrc/licenses

["Ryo ONODERA" <ryoon%netbsd.org@localhost>]

Module Name:    pkgsrc
Committed By:   ryoon
Date:           Sat Feb 20 21:59:31 UTC 2021

Added Files:
        pkgsrc/licenses: odbl-v1-license

Log Message:
licenses: Add odbl-v1-license for ODC Open Database License (ODbL)


To generate a diff of this commit:
cvs rdiff -u -r0 -r1.1 pkgsrc/licenses/odbl-v1-license

Please note that diffs are not public domain; they are subject to the
copyright notices on the relevant files.

Added files:

Index: pkgsrc/licenses/odbl-v1-license
diff -u /dev/null pkgsrc/licenses/odbl-v1-license:1.1
--- /dev/null   Sat Feb 20 21:59:31 2021
+++ pkgsrc/licenses/odbl-v1-license     Sat Feb 20 21:59:31 2021
@@ -0,0 +1,540 @@
+## 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" - 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" - 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" - 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" - 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" - 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" - 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" - 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" - 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" - Means this license agreement and is both a license of rights
+such as copyright and Database Rights and an agreement in contract.
+
+"Licensor" - Means the Person that offers the Database under the terms
+of this License. 
+
+"Person" - Means a natural or legal person or a body of persons
+corporate or incorporate.
+
+"Produced Work" -  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" - 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" - 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" - 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" - 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" - 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.