OpenStreetMap Contributor Terms 1.2.3 Working Draft
This is ONLY only used for the change of OpenStreetMap's geodata licence from CC-BY-SA 2.0 to the ODbL 1.0. This is a draft working copy based on 1.0 that went live for NEW contributors 2010-05-12. This working draft v 1.2 includes a wholesale change to Clause 1 (not highlighted).
1.2.3 - Introduces a suggested change to 1(a) upon review by WSGR, these changes are highlighted in this colour.
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:
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 want to 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 data which is the intellectual property of someone else it should be compatible with 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. You do not need to guarantee that it is, but 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.
2 Rights granted. Subject to Section 3 and 4 below and to the extent that you are able to do so, You hereby grant to OSMF and any party that receives Your Contents 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 to 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 another free and open licence. Which other such other free and open licence (for example, http://www.opendefinition.org/okd/) as may from time to time be 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 natural person (whether using a single or multiple accounts) who that has edited the Project in any 3 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 holder’s option, OSMF agrees to attribute You or the copyright owner 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 or other, relating to the subject matter of this agreement.
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