OpenStreetMap Contributor Terms
This is ONLY for consideration with a proposed change to the ODbL 1.0.
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.
Version 0.11. The change from 0.9 is the deletion of "and any party that receives Your Contents" from clause 2 with corresponding insertion of a reference to DbCL in clause 3, and the increase of voting majority from 50% to 2/3 in clause 3. The LWG hopes that this is the final version that will be used subject to final review by legal counsel.
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.
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.
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.
3. OSMF agrees to use or sub-license Your Contents as part of a database 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.
An "active contributor" is defined as:
- a contributor (whether using a single or multiple accounts) who has edited the Project in any 3 calendar months from the last 6 months (i.e. there is a demonstrated interest over time); and
- 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.
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, 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.
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.
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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