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(correction from the board concerns and questions document) |
(Update - Original Legal meaning kept, wording finessed.) |
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= OpenStreetMap Contributor Terms =
== Draft 0.
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
'''Version 0.10. 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
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
An "active contributor" is defined as:
:a contributor (whether using a single or multiple accounts)
:has maintained a valid email address in their registration profile and responds within
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.
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.
[Accept Button] [Decline Button]
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