Difference between revisions of "Licence/Contributor Terms"

From OpenStreetMap Foundation
(Update to Contributor Terms 1.2.4)
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''This page is presented to contributors when they register. It does not have to be the sole terms under which contributions are made, one-off terms can be agreed with bulk contributors provided there is no clash with our principles in general and ODbL in particular.''
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''This is a page is presented to contributors when they register. For legal reasons, this must be in [[License/Contributor Terms/FR|French]] and [[License/Contributor Terms/IT|Italian]] as well as English. Other <u>informal guidance</u> versions will be added as resources permit. It does not have to be the sole terms under which contributions are made, one off terms can be agreed with bulk contributors provided there is no clash with our principles in general and ODbL in particular.''
 
''For legal reasons, this must be in [[License/Contributor Terms/FR|French]] and [[License/Contributor Terms/IT|Italian]] as well as English. Other <u>informal guidance</u> versions will be added as resources permit.''
 
   
 
* ''[[License/Contributor Terms/FR|France-French]] version.''
 
* ''[[License/Contributor Terms/FR|France-French]] version.''
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* ''[[osm:Open Database License/Contributor Terms|unofficial translations]] are available on the OSM wiki.''
 
* ''[[osm:Open Database License/Contributor Terms|unofficial translations]] are available on the OSM wiki.''
   
'''[http://docs.google.com/View?id=dd9g3qjp_933xs7nvfb Working Draft of Contributor Terms Version 1.2.2]'''
 
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''This paragraph, and anything preceding it, is not part of the terms, which now follow:''
   
= OpenStreetMap Contributor Terms 1.0 =
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= OpenStreetMap Contributor Terms 1.2.4 =
   
Thank you for your interest in contributing data and/or any other content (collectively, “Contents”) to the geo-database of the OpenStreetMap project (the “Project”). This contributor agreement (the “Agreement”) is made between you (“You”) and The OpenStreetMap Foundation (“OSMF”) and clarifies the intellectual property rights in any Contents that You choose to submit to the Project. Please read the following terms and conditions carefully and click either the "Accept" or "Decline" button at the bottom to continue.
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Thank you for your interest in contributing data and/or any other content (collectively, “Contents”) to the geo-database of the OpenStreetMap project (the “Project”). This contributor agreement (the “Agreement”) is made between you (“You”) and The OpenStreetMap Foundation (“OSMF”) and clarifies the intellectual property rights in any Contents that You choose to submit to the Project in this user account. Please read the following terms and conditions carefully and click either the "Accept" or "Decline" button at the bottom to continue.
   
1. You agree to only add Contents for which You are the copyright holder (to the extent the Contents include any copyrightable elements). You represent and warrant that You are legally entitled to grant the license in Section 2 below and that such license does not violate any law, breach any contract, or, to the best of Your knowledge, infringe any third party’s rights. If You are not the copyright holder of the Contents, You represent and warrant that You have explicit permission from the rights holder to submit the Contents and grant the license below.
 
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1. We respect the intellectual property rights of others and we need to be able to respond to any objections by intellectual property owners. This means that:
   
2 Rights granted. Subject to Section 3 below, You hereby grant to OSMF a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to do any act that is restricted by copyright over anything within the Contents, whether in the original medium or any other. These rights explicitly include commercial use, and do not exclude any field of endeavour. These rights include, without limitation, the right to sublicense the work through multiple tiers of sublicensees. To the extent allowable under applicable local laws and copyright conventions, You also waive and/or agree not to assert against OSMF or its licensees any moral rights that You may have in the Contents.
 
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(a) Your contribution of data should not infringe the intellectual property rights of anyone else. If you contribute Contents, You are indicating that, as far as You know, You have the right to authorize OSMF to use and distribute those Contents under our current licence terms. If You do not have that right, You risk having Your contribution deleted (see below).
   
3. OSMF agrees to use or sub-license Your Contents as part of a database and only under the terms of one of the following licenses: ODbL 1.0 for the database and DbCL 1.0 for the individual contents of the database; CC-BY-SA 2.0; or another free and open license. Which other free and open license is chosen by a vote of the OSMF membership and approved by at least a 2/3 majority vote of active contributors.
 
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(b) Please note that OSMF does not have to include Contents You contribute in the Project, and may remove Your contributions from the Project at any time. For example, if we suspect that any contributed data is incompatible, (in the sense that we could not continue to lawfully distribute it), with whichever licence or licences we are then using (see sections 3 and 4), then we may delete that data.
   
An "active contributor" is defined as:
 
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===Rights Granted===
   
:a natural person (whether using a single or multiple accounts) who has edited the Project in any 3 calendar months from the last 12 months (i.e. there is a demonstrated interest over time); and
 
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2. Subject to Section 3 and 4 below, You hereby grant to OSMF a worldwide, royalty-free, non-exclusive, perpetual, irrevocable licence to do any act that is restricted by copyright, database right or any related right over anything within the Contents, whether in the original medium or any other. These rights explicitly include commercial use, and do not exclude any field of endeavour. These rights include, without limitation, the right to sub-license the work through multiple tiers of sub-licensees and to sue for any copyright violation directly connected with OSMF's rights under these terms. To the extent allowable under applicable local laws and copyright conventions, You also waive and/or agree not to assert against OSMF or its licensees any moral rights that You may have in the Contents.
:has maintained a valid email address in their registration profile and responds within 3 weeks.
 
   
4. At Your or the copyright holder’s option, OSMF agrees to attribute You or the copyright holder. A mechanism will be provided, currently a web page [http://wiki.openstreetmap.org/wiki/Attribution http://wiki.openstreetmap.org/wiki/Attribution].
 
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3. OSMF agrees that it may only use or sub-license Your Contents as part of a database and only under the terms of one or more of the following licences: ODbL 1.0 for the database and DbCL 1.0 for the individual contents of the database; CC-BY-SA 2.0; or such other free and open licence (for example, http://www.opendefinition.org/okd/) as may from time to time be chosen by a vote of the OSMF membership and approved by at least a 2/3 majority vote of active contributors.
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:An "active contributor" is defined as:
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::a natural person (whether using a single or multiple accounts) who has edited the Project in any three calendar months from the last 12 months (i.e. there is a demonstrated interest over time); and has maintained a valid email address in their registration profile and responds to a request to vote within 3 weeks.
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4. At Your or the copyright owner’s option, OSMF agrees to attribute You or the copyright owner. A mechanism will be provided, currently a web page http://wiki.openstreetmap.org/wiki/Attribution.
 
 
 
5. Except as set forth herein, You reserve all right, title, and interest in and to Your Contents.
 
5. Except as set forth herein, You reserve all right, title, and interest in and to Your Contents.
   
'''Limitation of Liability'''
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===Limitation of Liability===
   
6.1 To the extent permitted by applicable law, except as provided above in Section 1, You provide the Contents “as is” without warranty of any kind, either express or implied, including without limitation any warranties or conditions of merchantability, fitness for a particular purpose, or otherwise.
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6.1 To the extent permitted by applicable law, You provide the Contents “as is” without warranty of any kind, either express or implied, including without limitation any warranties or conditions of merchantability, fitness for a particular purpose, or otherwise.
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6.2 Subject to any liability that may not be excluded or limited by law, neither You nor OSMF shall be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages under this Agreement, however caused and under any theory of liability. This exclusion applies even if either party has been advised of the possibility of such damages.
   
6.2 Subject to any liability that may not be excluded or limited by law, neither You nor OSMF shall be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages under this Agreement, however caused and under any theory of liability. This exclusion applies even if either party has been advised of the possibility of such damages.
 
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===Miscellaneous===
   
7. Miscellaneous. This Agreement shall be governed by English law without regard to principles of conflict of law. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement. This is the entire agreement between You and OSMF which supersedes any prior agreement, whether written or oral, relating to the subject matter of this agreement.
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7. This Agreement shall be governed by English law without regard to principles of conflict of law. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement. This is the entire agreement between You and OSMF which supersedes any prior agreement, whether written, oral or other, relating to the subject matter of this agreement.
   
 
[Accept Button] [Decline Button]
 
[Accept Button] [Decline Button]

Revision as of 09:40, 1 March 2011

This is a page is presented to contributors when they register. For legal reasons, this must be in French and Italian as well as English. Other informal guidance versions will be added as resources permit. It does not have to be the sole terms under which contributions are made, one off terms can be agreed with bulk contributors provided there is no clash with our principles in general and ODbL in particular.

This paragraph, and anything preceding it, is not part of the terms, which now follow:

OpenStreetMap Contributor Terms 1.2.4

Thank you for your interest in contributing data and/or any other content (collectively, “Contents”) to the geo-database of the OpenStreetMap project (the “Project”). This contributor agreement (the “Agreement”) is made between you (“You”) and The OpenStreetMap Foundation (“OSMF”) and clarifies the intellectual property rights in any Contents that You choose to submit to the Project in this user account. Please read the following terms and conditions carefully and click either the "Accept" or "Decline" button at the bottom to continue.

1. We respect the intellectual property rights of others and we need to be able to respond to any objections by intellectual property owners. This means that:

(a) Your contribution of data should not infringe the intellectual property rights of anyone else. If you contribute Contents, You are indicating that, as far as You know, You have the right to authorize OSMF to use and distribute those Contents under our current licence terms. If You do not have that right, You risk having Your contribution deleted (see below).

(b) Please note that OSMF does not have to include Contents You contribute in the Project, and may remove Your contributions from the Project at any time. For example, if we suspect that any contributed data is incompatible, (in the sense that we could not continue to lawfully distribute it), with whichever licence or licences we are then using (see sections 3 and 4), then we may delete that data.

Rights Granted

2. Subject to Section 3 and 4 below, You hereby grant to OSMF a worldwide, royalty-free, non-exclusive, perpetual, irrevocable licence to do any act that is restricted by copyright, database right or any related right over anything within the Contents, whether in the original medium or any other. These rights explicitly include commercial use, and do not exclude any field of endeavour. These rights include, without limitation, the right to sub-license the work through multiple tiers of sub-licensees and to sue for any copyright violation directly connected with OSMF's rights under these terms. To the extent allowable under applicable local laws and copyright conventions, You also waive and/or agree not to assert against OSMF or its licensees any moral rights that You may have in the Contents.

3. OSMF agrees that it may only use or sub-license Your Contents as part of a database and only under the terms of one or more of the following licences: ODbL 1.0 for the database and DbCL 1.0 for the individual contents of the database; CC-BY-SA 2.0; or such other free and open licence (for example, http://www.opendefinition.org/okd/) as may from time to time be chosen by a vote of the OSMF membership and approved by at least a 2/3 majority vote of active contributors.

An "active contributor" is defined as:
a natural person (whether using a single or multiple accounts) who has edited the Project in any three calendar months from the last 12 months (i.e. there is a demonstrated interest over time); and has maintained a valid email address in their registration profile and responds to a request to vote within 3 weeks.

4. At Your or the copyright owner’s option, OSMF agrees to attribute You or the copyright owner. A mechanism will be provided, currently a web page http://wiki.openstreetmap.org/wiki/Attribution.

5. Except as set forth herein, You reserve all right, title, and interest in and to Your Contents.

Limitation of Liability

6.1 To the extent permitted by applicable law, You provide the Contents “as is” without warranty of any kind, either express or implied, including without limitation any warranties or conditions of merchantability, fitness for a particular purpose, or otherwise.

6.2 Subject to any liability that may not be excluded or limited by law, neither You nor OSMF shall be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages under this Agreement, however caused and under any theory of liability. This exclusion applies even if either party has been advised of the possibility of such damages.

Miscellaneous

7. This Agreement shall be governed by English law without regard to principles of conflict of law. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement. This is the entire agreement between You and OSMF which supersedes any prior agreement, whether written, oral or other, relating to the subject matter of this agreement.

[Accept Button] [Decline Button]