tig-monorepopool/docs/licenses/open_data_license
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TIG Open Data License
Version 1.3, May 2024
https://www.tig.foundation
By exercising any right granted under this Licence, You irrevocably accept
these terms and conditions.
1. Definitions
1.1. "Anonymised Version" means a version of a data set that does not
retain any personally identifiable information ("PII").
1.2. "Contributor" means each individual or legal entity that creates,
contributes to the creation of, or owns Covered Software.
1.3. "Contributor Version" means the combination of the Contributions of
others (if any) used by a Contributor and that, particular
Contributors Contribution.
1.4. "Contribution" means Covered Software of a particular Contributor.
1.5. "Covered Software" means Source Code Form to which the initial
Contributor has attached the notice in Exhibit A, the Executable
Form of such Source Code Form, and Modifications of such Source
Code Form, in each case including portions thereof.
1.6. "Executable Form" means any form of the work other than Source Code
Form.
1.7. "Larger Work" means a work that combines Covered Software with other
material, in a separate file or files, that is not Covered Software.
1.8. "License" means this document.
1.9. "Licensable" means having the right to grant, to the maximum extent
possible, whether at the time of the initial grant or subsequently
any, and all, of the rights conveyed by this License.
1.10. "Modifications" means any of the following:
a. any file in Source Code Form that results from an addition
to, deletion from, or modification of the contents of Covered
Software; or
b. any new file in Source Code Form that contains any Covered
Software.
1.11. "Output Data" means the data output from running Covered Software.
1.12. "Patent Claims" of a Contributor means any patent claim(s),
including without limitation, method, process, and apparatus
claims, in any patent Licensable by such Contributor that would
necessarily be infringed, but for the grant of the License, by the
making, using, selling, offering for sale, having made, import, or
transfer of either its Contributions or its Contributor Version.
1.13. "Patent Claims" of TIG means any patent claim(s), including without
limitation, method, process, and apparatus claims, in any patent
Licensable by TIG that would necessarily be infringed, but for the
grant of the License, by the making, using, selling, offering for
sale, having made, import, or transfer of Covered Software or
Product.
1.14. "Product" means Output Data and any service, device, component,
work or physical object, whether in finished or intermediate form,
arising from the use, application, or processing of Output Data.
1.15. "Product Information" means with respect to a Product, the minimum
information, in the preferred form for making modifications,
regardless of its medium or how it is expressed, necessary to
reproduce and make modifications to the Product, including but not
limited to, the Covered Software, in Source Code Form, used to
generate the Product, and any necessary installation and
interfacing information for the Product. Product Information need
not include information necessary to reproduce any component,
provided that, You include sufficient information to enable a
recipient to source and use the component to be able to reproduce
the Product. Where the information includes PII which would at the
time of any public disclosure breach any relevant privacy
regulations then in force, the preferred form shall be an
Anonymised Version of the information. If the format of the data
is proprietary, it must also be made available in a format (if the
proprietary tool can create it) which is viewable with a tool
available to potential licensees and licensed under a licence
approved by the Free Software Foundation or the Open Source
Initiative.
1.16. "Source Code Form" means the form of the work preferred for making
modifications to the Covered Software.
1.17. "TIG" means The TIG Foundation, a limited company registered in
Germany with a registered office at Kurfurstendamm 15, 10719 Berlin,
Deutschland.
1.18. "You" (or "Your") means an individual or a legal entity exercising
rights under this License. For legal entities, "You" includes any
entity that controls, is controlled by, or is under common control
with You. For purposes of this definition, "control" means (a) the
power, direct or indirect, to cause the direction or management of
such entity, whether by contract or otherwise, or (b) ownership of
more than fifty percent (50%) of the outstanding shares or
beneficial ownership of such entity.
2. License Grants and Conditions
2.1. Copyright Grants
Subject to the terms of this License, each Contributor hereby grants You
a world-wide, royalty-free, non-exclusive license under intellectual
property rights (other than patent or trademark) Licensable by such
Contributor:
(i) to reproduce and use, its Contributions, either unmodified,
with Modifications, or as part of a Larger Work; and
(ii) to make available, modify, display, perform, distribute, and
otherwise exploit its Contributions, either unmodified, with
Modifications, or as part of a Larger Work.
2.2. Patent Grants
(i) Subject to the terms of this License, TIG hereby grants You
a world-wide, royalty-free, non-exclusive license under
Patent Claims of TIG to make, use, sell, offer for sale, have
made, import, and otherwise transfer the Covered Software and
Products.
(ii) Subject to the terms of this License, each Contributor hereby
grants You a world-wide, royalty-free, non-exclusive license
under Patent Claims of such Contributor to make, use, sell,
offer for sale, have made, import, and otherwise transfer its
Contributions or its Contributor Version.
2.3. Effective Date
The licenses granted in Section 2.2(i) with respect to any Patent Claims
of TIG become effective on the date TIG first distributes the Covered
Work.
The licenses granted in Sections 2.1 and 2.2(ii) with respect to any
Contribution or Contributor Version become effective for each
Contribution or Contributor Version on the date the Contributor first
distributes such Contribution or Contributor Version.
2.4. Limitations on Grant Scope
The licenses granted in this Section 2 are the only rights granted under
this License. No additional rights or licenses will be implied from the
distribution or licensing of Covered Software under this License.
2.5. Representation
Each Contributor represents that the Contributor believes its
Contributions are its original creation(s) or that it has sufficient
rights to grant the rights to its Contributions conveyed by this License.
2.6. Fair Use
This License is not intended to limit any rights You have under applicable
copyright doctrines of fair use, fair dealing, or other equivalents.
2.7. Conditions
Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted in
Sections 2.1 and 2.2.
3. Responsibilities
3.1. Distribution of Source Form
Share Alike: All distribution of Covered Software in Source Code Form,
including any Modifications that You create or to which You contribute,
must be under the terms of this License. You must inform recipients that
the Source Code Form of the Covered Software is governed by the terms of
this License, and how they can obtain a copy of this License.
3.2. Distribution of Executable Form
Availability of Source Code Form: If You distribute Covered Software in
Executable Form then such Covered Software must also be made available in
Source Code Form, subject to Section 3.1 above, and You must inform
recipients of the Executable Form how they can obtain a copy of such
Source Code Form by reasonable means in a timely manner, at a charge no
more than the cost of distribution to the recipient.
3.3. Distribution of a Larger Work
You may create and distribute a Larger Work under terms of Your choice,
provided that, You, also comply with the requirements of this License for
the Covered Software.
3.4. Provision of Product
If You provide (whether by way of service, distribution or otherwise)
Product the corresponding Product Information must also be made generally
available, and You must publicly state how a third party can obtain a
copy of such Product Information by reasonable means in a timely manner,
at a charge no more than the cost of distribution to the recipient.
3.5. Notices
You may not remove or alter the substance of any license notices
(including copyright notices, patent notices, disclaimers of warranty, or
limitations of liability) contained within the Source Code Form of the
Covered Software, except that You may alter any license notices to the
extent required to remedy known factual inaccuracies.
4. Inability to Comply Due to Statute or Regulation
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of, the Covered Software or Product
Information due to statute, judicial order, or regulation then You must:
(a) comply with the terms of this License to the maximum extent possible;
and (b) describe the limitations and the code or information they affect.
Such description must be placed in a text file included with all
distributions of the Covered Software under this License and any relevant
Product Information. Except to the extent prohibited by statute or
regulation, such description must be sufficiently detailed for a recipient
of ordinary skill to be able to understand it.
5. Termination
The rights granted under this License will terminate automatically if You
fail to comply with any of its terms. However, if You become compliant,
then the rights granted under this License from TIG or a particular
Contributor are reinstated (a) provisionally, unless and until TIG or
such Contributor explicitly and finally terminates Your grants, and (b)
on an ongoing basis, if TIG or such Contributor fails to notify You of
the non-compliance by some reasonable means prior to 60 days after You
have come back into compliance. Moreover, Your grants, from TIG or a
particular Contributor, are reinstated on an ongoing basis if TIG or such
Contributor notifies You of the non-compliance by some reasonable means,
this is the first time You have received notice of non-compliance with
this License from TIG or such Contributor, and You become compliant prior
to 30 days after Your receipt of the notice.
6. Disclaimer of Warranty
Covered Software is provided under this License and Product Information
is provided pursuant to this License on an "as is" basis, without
warranty of any kind, either expressed, implied, or statutory,
including, without limitation, warranties that the Covered Software and
Product Information, as the case may be, is free of defects,
merchantable, fit for a particular purpose or non-infringing. The
entire risk as to the quality and performance of the Covered Software
and Product Information is with You. Should any Covered Software or
Product Information prove defective in any respect, You (not TIG or any
Contributor) assume the cost of any necessary servicing, repair, or
correction. This disclaimer of warranty constitutes an essential part
of this License. No use of Product Information, or use of any Covered
Software is authorized under this License, except under this
disclaimer.
7. Limitation of Liability
Under no circumstances and under no legal theory, whether tort
(including negligence), contract, or otherwise, shall TIG, any
Contributor, or anyone who distributes Covered Software as permitted
above, be liable to You for any direct, indirect, special, incidental,
or consequential damages of any character including, without
limitation, damages for lost profits, loss of goodwill, work stoppage,
computer failure or malfunction, or any and all other commercial damages
or losses, even if such party shall have been informed of the
possibility of such damages. This limitation of liability shall not
apply to liability for death or personal injury resulting from such
partys negligence to the extent applicable law prohibits such
limitation. Some jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages, so this exclusion and
limitation may not apply to You.
8. Miscellaneous
This License represents the complete agreement concerning the subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. Any law or regulation which provides
that the language of a contract shall be construed against the drafter
shall not be used to construe this License against a Contributor or
against TIG.
Exhibit A - Source Code Form License Notice
This Source Code Form is subject to the terms of the TIG Open Data License,
v1.0. If a copy of the TIG Open data License v1.0 was not distributed
with this file, You can obtain one at
https://github.com/tig-foundation/tig-monorepo/tree/main/docs/licenses.