forked from Shiloh/githaven
78 lines
3.3 KiB
Plaintext
78 lines
3.3 KiB
Plaintext
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Open Use of Data Agreement v1.0
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This is the Open Use of Data Agreement, Version 1.0 (the "O-UDA"). Capitalized
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terms are defined in Section 5. Data Provider and you agree as follows:
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1. Provision of the Data
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1.1. You may use, modify, and distribute the Data made available to you by
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the Data Provider under this O-UDA if you follow the O-UDA's terms.
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1.2. Data Provider will not sue you or any Downstream Recipient for any claim
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arising out of the use, modification, or distribution of the Data provided
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you meet the terms of the O-UDA.
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1.3. This O-UDA does not restrict your use, modification, or distribution
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of any portions of the Data that are in the public domain or that may be used,
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modified, or distributed under any other legal exception or limitation.
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2. No Restrictions on Use or Results
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2.1. The O-UDA does not impose any restriction with respect to:
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2.1.1. the use or modification of Data; or
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2.1.2. the use, modification, or distribution of Results.
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3. Redistribution of Data
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3.1. You may redistribute the Data under terms of your choice, so long as:
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3.1.1. You include with any Data you redistribute all credit or attribution
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information that you received with the Data, and your terms require any Downstream
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Recipient to do the same; and
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3.1.2. Your terms include a warranty disclaimer and limitation of liability
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for Upstream Data Providers at least as broad as those contained in Section
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4.2 and 4.3 of the O-UDA.
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4. No Warranty, Limitation of Liability
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4.1. Data Provider does not represent or warrant that it has any rights whatsoever
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in the Data.
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4.2. THE DATA IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
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OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
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WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
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FOR A PARTICULAR PURPOSE.
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4.3. NEITHER DATA PROVIDER NOR ANY UPSTREAM DATA PROVIDER SHALL HAVE ANY LIABILITY
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FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
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DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON
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ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
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NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE DATA OR RESULTS, EVEN
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IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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5. Definitions
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5.1. "Data" means the material you receive under the O-UDA in modified or
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unmodified form, but not including Results.
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5.2. "Data Provider" means the source from which you receive the Data and
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with whom you enter into the O-UDA.
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5.3. "Downstream Recipient" means any person or persons who receives the Data
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directly or indirectly from you in accordance with the O-UDA.
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5.4. "Result" means anything that you develop or improve from your use of
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Data that does not include more than a de minimis portion of the Data on which
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the use is based. Results may include de minimis portions of the Data necessary
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to report on or explain use that has been conducted with the Data, such as
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figures in scientific papers, but do not include more. Artificial intelligence
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models trained on Data (and which do not include more than a de minimis portion
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of Data) are Results.
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5.5. "Upstream Data Providers" means the source or sources from which the
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Data Provider directly or indirectly received, under the terms of the O-UDA,
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material that is included in the Data.
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