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META-SHARE IS NOT A LAW FIRM AND DOES
NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENCE DOES NOT CREATE AN
AGENT-CLIENT RELATIONSHIP. META-SHARE PROVIDES THIS INFORMATION ON AN
"AS-IS" BASIS. META-SHARE MAKES NO WARRANTIES REGARDING THE INFORMATION
PROVIDED WITH REGARDS TO THE LICENCES, AND DISCLAIMS LIABILITY FOR DAMAGES
RESULTING FROM ITS USE.
META-SHARE
NonCommercial NoRedistribution NoDerivatives
Licence (MS NC-NoReD-ND)
The Licensor <Name>, <Organisation>,
<Address>, <Email>, and
Licensee (You) <Name>,
<Organisation>, <Address>, <Email>, agree that this
META-SHARE Licence enables You to Use the Resource worldwide under the terms
and conditions specified hereafter:
1. Definitions of Capitalised Words
a.
Attribution
Data" means a field of metadata accompanying every resource, containing a
specified string of characters to be used for attribution of the Resource.
b. "Collective Work" means a work made up of the Resource
in its entirety in unmodified form, along with other work, assembled into a
collective whole. Both the Resource and any other work remain unmodified in the
Collective Work and hence do not constitute a derivative work.
c. "Derivative" means any material that Uses the
Resource (or any substantial part of it) in any material form whatsoever (such
as a translation, dramatisation or abridgment), other than (i) as a whole and
in unmodified form or (ii) by modifying it as may be technically necessary to
Use it in a different mode or format; but a Collective Work is not a Derivative
for the purpose of this Licence.
d. "Derogatory Treatment" means a treatment which distorts or
mutilates the Resource or is otherwise prejudicial to the honour or reputation
of the Original Author or the Licensor.
e. "Licensee" means the Person accepting the Resource
under the terms and conditions of this Licence.
f. "Licensor" means the Person offering the Resource
under the terms and conditions of this Licence and is named in the METASHARE
metadata.
g. "META-SHARE" is a network of distributed
repositories of LRs.
h. "Original Author" means the Person who holds any
copyright or the sui generis Database Right in the Language Resource or any
parts of it and is named as such in the Attribution Data.
i. "Person" means a
natural person or a body of persons corporate or incorporate. In the case of a
body of persons, this may only grant access to people working under its
control, i.e., its own members, consultants to the organisation, employees or
individuals providing service to the organisation. Individuals may be allowed
access to the Resource only after being informed of the provisions of this
Licence. The access is to be terminated when the license no longer applies. The
organisation will take all reasonable steps to retain the list of all persons
ever granted access to the Information and make them available upon request to
any of the copyright holders licensing this work.
j.
"Resource"
means the
specific language resource <RESOURCE NAME>, <RESOURCE SHORT NAME>
offered to You under the terms of this Licence.
k. "Site"
means the premises of <PREMISES NAME OR DESCRIPTION>
where the Resource will be used, which is under Your control , including but
not limited to geographical location, specific computing equipment, IP
addresses or any other point of access controlled by the licensee.
l. "Use", as a verb, means doing any act which
is restricted by copyright or neighbouring rights (including Database Rights),
whether in the original medium or any other; and includes modifying the
Resource as may be technically necessary to Use it in a different mode or format.
m. "Work" means any work protected by copyright
(or by database rights if applicable) which is offered under the terms of this
Licence, and includes works forming only a part of the Resource as well works
as incorporated in any Collective Work.
n. "You" means the Person acquiring rights
under this Licence.
o.
Words in the singular include the plural and vice versa.
2. The Rights Granted
2.1 Subject
to the exceptions under clause 2.2, the conditions and reservations under
clauses 2.3 to 2.8 below, the Licensor grants to You a worldwide, clear of any
third parties rights, non-exclusive, Non Commercial, licence to Use the
Resource under the terms and conditions defined here. This licence covers the
copyright and the sui generis database right over the Resource and is an
agreement between You and the Licensor for access to the Resource. For the
purpose of this Licence, Use is encompassing all acts described below, in the
execution of which only You are involved and only if the use is necessary to
access and make the agreed use of the contents of the Resource.
So you may:
a. copy the Resource or incorporate the
Resource into a Collective Work;
b. extract and re-utilise the whole or
substantial parts of the Resource; copy the Resource as incorporated in any
Collective Work;
You may perform any of the above acts
by any means and in any medium whether now known or created in the future and
for any purpose or in any way, excluding purposes intended for commercial
advantage or payment, other than the ones provided under 2.2.
2.2
However, this Licence does not allow You to:
a. Use the Resource outside Your site;
b. Use the Resource in any other way other
than as necessary or desirable for the purposes of Your own internal Non
Commercial language engineering research activities or Your own internal Non
Commercial technology development;
c. Make available to the public all or any
substantial part of the contents of the Resource, by the distribution of
copies, by renting, leasing or any other form of distribution, including
inclusion in a Collective Work, as well as through any free or open-source
distribution forms;
d. make products or services available to
third parties in any form that allows to reconstruct the original Resource;
e. sublicense the Resource; or
f.
subject
the Resource to Derogatory Treatment;
g. make a Derivative Work;
h. use the Resource for commercial purposes.
This is an important condition of this
Licence, and if You fail to comply with it You will be in material breach of
its terms.
2.3 The
Original Author asserts the right to be identified as the original author of
the Work, as forming part of the Resource, if applicable.
2.4 This
license is offered to You free of charge.
2.5 In
addition to the above:
a. the right to release the Resource under
different terms, or to stop distributing the Resource, is reserved; and
b. all other rights not expressly granted
by the Licensor are reserved.
c. You must attribute the Resource by
ensuring all Attribution Data accompany the Resource.
2.6 This
Licence does not affect any rights that You or anyone else may independently
have under any applicable law (including fair dealing, fair use, or any other
legally recognised limitation or exception to copyright infringement) to make
any Use of this Resource.
2.7 This Licence does not allow You to claim
any endorsement or approval by the Licensor or the Original Author or Your use
of the Resource without their express written permission.
2.8 You and the Licensor are independent
contractors. Nothing contained in this Licence shall be construed as creating
an employer-employee relationship, a partnership or a Joint Venture between You
and the Licensor.
3. Warranties and Disclaimer
The Resource is licensed by the
Licensor "as is" and without any warranty of any kind, either express
or implied, whether of title, of accuracy, of fitness for purpose, or
otherwise.
4. Limit of Liability
Subject to any liability which may not
be excluded or limited by law, the Licensor shall not be liable for, and
expressly excludes, all liability for loss or damage however and whenever
caused to anyone by any Use under this Licence, whether by You or by anyone
else, and whether caused by any fault on the part of the Licensor or not. If
liability may not be excluded by law, it is limited to actual and direct
financial loss to the extent it is caused by proved gross negligence on the
part of the Licensor.
5. Termination
5.1 Any
breach by You of the terms of this licence (for example, by distributing the
Resource) entitles the Licensor to send You a termination notice within 15 days
from the breach. You are entitled to provide a written objection to this notice
within 15 days and in case there is no acceptance by the Licensor the
termination takes effect within 15 days of Your response.
5.2 If
You are not in breach of the terms of this licence, the Licensor may not
terminate Your rights under it.
5.3 Unless
terminated under clause 5.1, this Licence is granted to You for the duration of
any rights in the Resource as mentioned in 2. above.
6. General
6.1 If
any provision of this Licence is held to be invalid or unenforceable, that
shall not affect the validity or enforceability of the remainder of the terms
of this Licence.
6.2 This
Licence is the entire agreement between the parties with respect to the
Resource licensed here. It replaces any earlier understandings, agreements or
representations with respect to the Resource not specified here.
6.3 If
You are in breach of the terms of this Licence (for example, by distributing
the Resource You will not be entitled to
rely on the terms of this Licence or to complain of any breach by the Licensor.
6.4 In
case of any dispute arising in relation to the License, the competent courts
are those of [COUNTRY NAME] and the applicable laws are those of [COUNTRY
NAME].
The Licensor:
The Licensee:
The Notice below is not part of this
licence.
META-SHARE NOTICE
META-SHARE is not a party to this
Licence, and makes no warranty whatsoever in connection with the Resource.
META-SHARE will not be liable to You or any party on any legal theory for any
damages whatsoever, including without limitation any general, special,
incidental or consequential damages arising in connection to this licence.
Notwithstanding the foregoing two (2) sentences, if META-SHARE has expressly
identified itself as the Licensor hereunder, it shall have all rights and
obligations of Licensor.
Except for the limited purpose of
indicating to the public that the Resource is licensed under the META-SHARE
Licence, neither party will use the trademark "META-SHARE" or any
related trademark or logo of META-SHARE without the prior written consent of
META-SHARE. Any permitted use will be in compliance with META-SHARE's
then-current trademark usage guidelines, as may be published on its website or
otherwise made available upon request from time to time.