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O-UDA-1.0 3.3KB

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  1. Open Use of Data Agreement v1.0
  2. This is the Open Use of Data Agreement, Version 1.0 (the "O-UDA"). Capitalized
  3. terms are defined in Section 5. Data Provider and you agree as follows:
  4. 1. Provision of the Data
  5. 1.1. You may use, modify, and distribute the Data made available to you by
  6. the Data Provider under this O-UDA if you follow the O-UDA's terms.
  7. 1.2. Data Provider will not sue you or any Downstream Recipient for any claim
  8. arising out of the use, modification, or distribution of the Data provided
  9. you meet the terms of the O-UDA.
  10. 1.3. This O-UDA does not restrict your use, modification, or distribution
  11. of any portions of the Data that are in the public domain or that may be used,
  12. modified, or distributed under any other legal exception or limitation.
  13. 2. No Restrictions on Use or Results
  14. 2.1. The O-UDA does not impose any restriction with respect to:
  15. 2.1.1. the use or modification of Data; or
  16. 2.1.2. the use, modification, or distribution of Results.
  17. 3. Redistribution of Data
  18. 3.1. You may redistribute the Data under terms of your choice, so long as:
  19. 3.1.1. You include with any Data you redistribute all credit or attribution
  20. information that you received with the Data, and your terms require any Downstream
  21. Recipient to do the same; and
  22. 3.1.2. Your terms include a warranty disclaimer and limitation of liability
  23. for Upstream Data Providers at least as broad as those contained in Section
  24. 4.2 and 4.3 of the O-UDA.
  25. 4. No Warranty, Limitation of Liability
  26. 4.1. Data Provider does not represent or warrant that it has any rights whatsoever
  27. in the Data.
  28. 4.2. THE DATA IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
  29. OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
  30. WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
  31. FOR A PARTICULAR PURPOSE.
  32. 4.3. NEITHER DATA PROVIDER NOR ANY UPSTREAM DATA PROVIDER SHALL HAVE ANY LIABILITY
  33. FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
  34. DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON
  35. ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
  36. NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE DATA OR RESULTS, EVEN
  37. IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  38. 5. Definitions
  39. 5.1. "Data" means the material you receive under the O-UDA in modified or
  40. unmodified form, but not including Results.
  41. 5.2. "Data Provider" means the source from which you receive the Data and
  42. with whom you enter into the O-UDA.
  43. 5.3. "Downstream Recipient" means any person or persons who receives the Data
  44. directly or indirectly from you in accordance with the O-UDA.
  45. 5.4. "Result" means anything that you develop or improve from your use of
  46. Data that does not include more than a de minimis portion of the Data on which
  47. the use is based. Results may include de minimis portions of the Data necessary
  48. to report on or explain use that has been conducted with the Data, such as
  49. figures in scientific papers, but do not include more. Artificial intelligence
  50. models trained on Data (and which do not include more than a de minimis portion
  51. of Data) are Results.
  52. 5.5. "Upstream Data Providers" means the source or sources from which the
  53. Data Provider directly or indirectly received, under the terms of the O-UDA,
  54. material that is included in the Data.