Arts and Culture Indicators Project
Open Database License (ODbL)
These Cultural Vitality Indicators data files and the procedures for constructing them were developed by the Urban Institute’s Arts and Culture Indicators Project (ACIP), with support from the Rockefeller Foundation and Leveraging Investments in Creativity (LINC). Any public use of the data files, or works from the data files should be attributed as explained below. By using these files, you acknowledge that the Urban Institute is not liable for their use and you agree to the terms of the license described in this section.
Attribution Requirements for Users
If you publicly use or redistribute the data files, or works produced from them, you must prominently display proper attribution.
This [DATABASE NAME] and the procedures for constructing it were developed by the Urban Institute’s Arts and Culture Indicators Project (ACIP), with support from the Rockefeller Foundation and Leveraging Investments in Creativity (LINC). The data are licensed under the Open Database License.
[DATABASE NAME] must be replaced with the name of the Database and a hyperlink to the URL of the MetroTrends web page, from which you downloaded the Database. The words "Arts and Culture Indicators Project (ACIP)" must contain a hyperlink to http://www.urban.org/projects/cultural-vitality-indicators/. The words "Rockefeller Foundation" must contain a hyperlink to http://www.rockefellerfoundation.org/, and "Leveraging Investments in Creativity" must be linked to http://www.lincnet.net/. The words “Open Database License” must contain a hyperlink to the URL of the text of this License (http://www.metrotrends.org/natdata/acip/ODbL.cfm). If hyperlinks are not possible, you must include the plain text of the required URL’s with the above notice.
ODbL Plain Language Summary
A Plain Language Summary of the Open Database License is available.
Open Database License (ODbL) v1.0
The Open Database License (ODbL) is a license agreement intended to allow users to freely share, modify, and use this Database while maintaining this same freedom for others. Many databases are covered by copyright, and therefore this document licenses these rights. Some jurisdictions, mainly in the European Union, have specific rights that cover databases, and so the ODbL addresses these rights, too. Finally, the ODbL is also an agreement in contract for users of this Database to act in certain ways in return for accessing this Database.
The Licensor (as defined below)
You (as defined below)
agree as follows:
1.0 Definitions of Capitalized Words
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“Database” – A collection of material (the Contents) arranged in a systematic or methodical way and individually accessible by electronic or other means offered under the terms of this License.
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“You” – Means a Person exercising rights under this License who has not previously violated the terms of this License with respect to the Database, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
Words in the singular include the plural and vice versa.
2.0 What this License covers
2.1. Legal effect of this document. This License is:
2.2 Legal rights covered. This License covers the legal rights in the Database, including:
2.3 Rights not covered.
2.4 Relationship to Contents in the Database. The individual items of the Contents contained in this Database may be covered by other rights, including copyright, patent, data protection, privacy, or personality rights, and this License does not cover any rights (other than Database Rights or in contract) in individual Contents contained in the Database. For example, if used on a Database of images (the Contents), this License would not apply to copyright over individual images, which could have their own separate licenses, or one single license covering all of the rights over the images.
3.0 Rights granted
3.1 Subject to the terms and conditions of this License, the Licensor grants to You a worldwide, royalty-free, non-exclusive, terminable (but only under Section 9) license to Use the Database for the duration of any applicable copyright and Database Rights. These rights explicitly include commercial use, and do not exclude any field of endeavor. To the extent possible in the relevant jurisdiction, these rights may be exercised in all media and formats whether now known or created in the future.
The rights granted cover, for example:
3.2 Compulsory license schemes. For the avoidance of doubt:
3.3 The right to release the Database under different terms, or to stop distributing or making available the Database, is reserved. Note that this Database may be multiple-licensed, and so You may have the choice of using alternative licenses for this Database. Subject to Section 10.4, all other rights not expressly granted by Licensor are reserved.
4.0 Conditions of Use
4.1 The rights granted in Section 3 above are expressly made subject to Your complying with the following conditions of use. These are important conditions of this License, and if You fail to follow them, You will be in material breach of its terms.
4.2 Notices. If You Publicly Convey this Database, any Derivative Database, or the Database as part of a Collective Database, then You must:
4.3 Notice for using output (Contents). Creating and Using a Produced Work does not require the notice in Section 4.2. However, if you Publicly Use a Produced Work, You must include a notice associated with the Produced Work reasonably calculated to make any Person that uses, views, accesses, interacts with, or is otherwise exposed to the Produced Work aware that Content was obtained from the Database, Derivative Database, or the Database as part of a Collective Database, and that it is available under this License.
4.4 Share alike.
If You license the Derivative Database under one of the licenses mentioned in (iii), You must comply with the terms of that license.
4.5 Limits of Share Alike. The requirements of Section 4.4 do not apply in the following:
4.6 Access to Derivative Databases. If You Publicly Use a Derivative Database or a Produced Work from a Derivative Database, You must also offer to recipients of the Derivative Database or Produced Work a copy in a machine readable form of:
The Derivative Database (under a.) or alteration file (under b.) must be available at no more than a reasonable production cost for physical distributions and free of charge if distributed over the internet.
4.7 Technological measures and additional terms
4.8 Licensing of others. You may not sublicense the Database. Each time You communicate the Database, the whole or Substantial part of the Contents, or any Derivative Database to anyone else in any way, the Licensor offers to the recipient a license to the Database on the same terms and conditions as this License. You are not responsible for enforcing compliance by third parties with this License, but You may enforce any rights that You have over a Derivative Database. You are solely responsible for any modifications of a Derivative Database made by You or another Person at Your direction. You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License.
5.0 Moral rights
5.1 Moral rights. This section covers moral rights, including any rights to be identified as the author of the Database or to object to treatment that would otherwise prejudice the author’s honor and reputation, or any other derogatory treatment:
Please note that some jurisdictions do not allow for the waiver of moral rights, and so moral rights may still subsist over the Database in some jurisdictions.
6.0 Fair dealing, Database exceptions, and other rights not affected
6.1 This License does not affect any rights that You or anyone else may independently have under any applicable law to make any use of this Database, including without limitation:
6.2 This License does not affect any rights of lawful users to Extract and Re-utilize insubstantial parts of the Contents, evaluated quantitatively or qualitatively, for any purposes whatsoever, including creating a Derivative Database (subject to other rights over the Contents, see Section 2.4). The repeated and systematic Extraction or Re-utilization of insubstantial parts of the Contents may however amount to the Extraction or Re-utilization of a Substantial part of the Contents.
7.0 Warranties and Disclaimer
7.1 The Database is licensed by the Licensor “as is” and without any warranty of any kind, either express, implied, or arising by statute, custom, course of dealing, or trade usage. Licensor specifically disclaims any and all implied warranties or conditions of title, non-infringement, accuracy or completeness, the presence or absence of errors, fitness for a particular purpose, merchantability, or otherwise. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to You.
8.0 Limitation of liability
8.1 Subject to any liability that may not be excluded or limited by law, the Licensor is not liable for, and expressly excludes, all liability for loss or damage however and whenever caused to anyone by any use under this License, whether by You or by anyone else, and whether caused by any fault on the part of the Licensor or not. This exclusion of liability includes, but is not limited to, any special, incidental, consequential, punitive, or exemplary damages such as loss of revenue, data, anticipated profits, and lost business. This exclusion applies even if the Licensor has been advised of the possibility of such damages.
8.2 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 negligence on the part of the Licensor.
9.0 Termination of Your rights under this License
9.1 Any breach by You of the terms and conditions of this License automatically terminates this License with immediate effect and without notice to You. For the avoidance of doubt, Persons who have received the Database, the whole or a Substantial part of the Contents, Derivative Databases, or the Database as part of a Collective Database from You under this License will not have their licenses terminated provided their use is in full compliance with this License or a license granted under Section 4.8 of this License. Sections 1, 2, 7, 8, 9 and 10 will survive any termination of this License.
9.2 If You are not in breach of the terms of this License, the Licensor will not terminate Your rights under it.
9.3 Unless terminated under Section 9.1, this License is granted to You for the duration of applicable rights in the Database.
9.4 Reinstatement of rights. If you cease any breach of the terms and conditions of this License, then your full rights under this License will be reinstated:
Persons subject to permanent termination of rights are not eligible to be a recipient and receive a license under Section 4.8.
9.5 Notwithstanding the above, Licensor reserves the right to release the Database under different license terms or to stop distributing or making available the Database. Releasing the Database under different license terms or stopping the distribution of the Database will not withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
10.1 If any provision of this License is held to be invalid or unenforceable, that must not affect the validity or enforceability of the remainder of the terms and conditions of this License and each remaining provision of this License shall be valid and enforced to the fullest extent permitted by law.
10.2 This License is the entire agreement between the parties with respect to the rights granted here over the Database. It replaces any earlier understandings, agreements or representations with respect to the Database.
10.3 If You are in breach of the terms of this License, You will not be entitled to rely on the terms of this License or to complain of any breach by the Licensor.
10.4 Choice of law. This License takes effect in and will be governed by the laws of the relevant jurisdiction in which the License terms are sought to be enforced. If the standard suite of rights granted under applicable copyright law and Database Rights in the relevant jurisdiction includes additional rights not granted under this License, these additional rights are granted in this License in order to meet the terms of this License.
National Data Files
Arts & Culture Indicators Project