Universal Data License Version 0.2
The latest version of these
license terms ("License") of the Licensor (as defined below) apply to
the use of the Media (as defined below) provided via the Network (as defined
below), in particular to the grant of the Licensed Rights (as defined below).
The Licensee accepts and agrees to be bound by the terms and conditions of this
License upon exercising the Licensed Rights.
Section
1 - Definitions
- Access means
unrestricted access to, including display of, the Media (as defined
below).
- Address means the Network
address.
- Applicable Law means all
laws, rules, treaties, regulations and administrative orders applicable to
the Licensor, the Licensee, this License or the exercise of the Licensed
Rights (as defined below), including, but not limited to copyrights, moral
rights, privacy and personality rights, unfair competition law, and
database rights.
- Commercial Use means any
use of the Media (as defined below) other than for purely private and
non-commercial purposes which is primarily intended for or directed towards
commercial advantage or monetary compensation.
- Data Model Training means
to temporarily process or otherwise reproduce data for training of AI
models (AI training).
- Derivation means any
image, graphic, video, film or other media derived from or based upon the
Media, including any derivation, alteration, adaptation, amendment,
transformation, adjustment, or other change of the Media, especially with
regard to shapes, designs, drawings, attributes, features or colors,
regardless of whether a) such Derivation was created by a person in a way
that requires permission by the Licensor under Applicable Law, or b) such
Derivation or a part thereof was created or otherwise generated by
automated means (e.g., artificial intelligence).
- Exceptions and Limitations
mean any exceptions and limitations due to Applicable Law that apply to
the use of the Media (as defined below) by the Licensee.
- Licensed Rights means the
rights of use to the Media (as defined below) granted to the Licensee
under this License to the extent the Licensor is entitled to grant under
Applicable Law and as described in Section 3 - License Parameters.
- Licensee means the person
or entity using the Media (as defined below).
- Licensor means the
person(s) or entity/entities granting rights under this License.
- Media means the Media that
is the subject of this License and provided via the Network, for example a
photography, video, image or graphic.
- Network means an openly
accessible, decentralized, blockchain-based network for permanent data
storage, parameterizable by using tags.
- Payment Address means the
payment address(es) as indicated in the License Parameters in Section 3 - License
Parameters.
- PST means a token defined by smart contract attached to
a Media and whose purpose is to define a proportionate revenue share.
- Time Limit means the
number of years in the tag modifier in the format
[Before/After-[0-9+]-Years-[tag] that can be determined by the Licensor
for an individual License Parameter, starting with the date of the first
storage of the Media on the Network.
Section 2 - License Rights
- Subject to the terms and conditions of this License,
the Licensor grants to the Licensee the worldwide, non-exclusive,
non-sublicensable, irrevocable Licensed Rights to the Media. The Licensee
fully accepts the grant of the Licensed Rights by exercising the Licensed
Rights.
- The Licensed Rights include the rights to copy,
display, make publicly available the Media and print the Media on a
tangible medium. All other use of the Media, in particular the rental,
lending or distribution in tangible or intangible form, is not permitted
under this License.
Section
3 - License Parameters
The
following table further determines the scope of the Licensed Rights and the
conditions applying to the grant of the Licensed Rights ("License
Parameters").
a.
Access
If no "Access-Fee" tag
is provided, Access to the Medium is free of charge.
A. One-Time-[.0-9+], if provided as the value of the “Access-Fee” tag, Access
to the Medium is subject to one-time payment of [.0-9+] [Currency] according to
Section
12 - Fees.
b.
Derivation
If no
“Derivation” tag is provided, the creation and the use of Derivations other
than for solely non-commercial purposes are not allowed.
A.
Allowed, if provided as the value of the “Derivation” tag, Derivations are
allowed according to Section
5 - Derivations.
B.
Allowed-With-Credit, if provided as the value of the “Derivation”
tag, Derivations are only allowed with Credit according to Section 5 - Derivations
and Section 8 - Credit.
C.
Allowed-With-Indication, if provided as the value of the “Derivation” tag, Derivations are
only allowed with Indication according to Section 5 - Derivations and Section 9 - Indication.
D.
Allowed-With-License-Passthrough, if provided as the value of the “Derivation” tag, Derivations are
only allowed with Passing On License according to Section 5 - Derivations and Section 10 - License
Passthrough
E.
Allowed-With-RevenueShare-[.0-9+]%, if provided as the value of the “Derivation” tag, Derivations are
only allowed with revenue sharing and discretionary percentage of [.0-9+] according to Section 5 - Derivations and Section 13 - Revenue Share
F. Allowed-With-Fee-One-Time-[.0-9+], if provided as the value of the “Derivation” tag, Derivations are only
allowed with the one-time payment of [.0-9+]
[Currency] according Section
5 - Derivations and Section 12 - Fees.
G. Allowed-With-Fee-Monthly-[.0-9+], if provided
as the value of the “Derivation” tag, Derivations are only allowed with payment
of a Recurring Fee of [.0-9+] [Currency] per month according to Section 5 - Derivations and Section 12 - Fees.
H.
[Before/After]-[0-9+]-Years-Derivation, if one or more of these tags is specified their value must be one of
the Derivation License Parameters from Section 3(1). This parameter is applicable
[Before/After] a Time Limit of [0-9+] years according to Section 16 - Time Limits.
c.
Unknown Rights
If no “Unknown-Usage-Rights” tag is present, unknown usage rights are
included where available according to Section 11 - Unknown Rights Of Use.
A.
Excluded, if provided as the value of the
“Unknown-Usage-Rights” tag, unknown usage rights are excluded where available
according to Section 11 -
Unknown Rights Of Use.
d.
Commercial Use
If no “Commercial-Use” tag is present, Commercial Use is not allowed.
A. Allowed, if provided as the value of the “Commercial-Use” tag, Commercial Use
is allowed according to Section
6 - Commercial Use.
B.
Allowed-With-Credit, if provided as the value of the “Commercial-Use” tag, Commercial Use
is allowed with Credit according to Section 6 - Commercial Use and Section 8 - Credit.
C.
Allowed-With-RevenueShare-[.0-9+]%, if provided as the value of the “Commercial-Use” tag, Commercial Use
is only allowed with revenue sharing and discretionary percentage of [.0-9+] according to Section 6 - Commercial Use
and Section 13 - Revenue
Share
D. Allowed-With-Fee-One-Time-[.0-9+], if provided as the value of the “Commercial-Use” tag, Commercial Use is
only allowed with the one-time payment of [.0-9+]
[Currency] according to Section 6 - Commercial Use
and Section 12 - Fees.
E. Allowed-With-Fee-Monthly-[.0-9+], if provided as the value of the “Commercial-Use” tag, Commercial Use is
only allowed with payment of a Recurring Fee of [.0-9+]
[Currency] according to Section 6 - Commercial Use
and Section 12 - Fees.
F.
[Before/After]-[0-9+]-Years-Commercial-Use, if one or more of these tags is specified their value must be one of
the Commercial Use License Parameters from Section 3(d) - Commercial Use. This parameter
is applicable [Before/After] a Time Limit of [0-9+] years according to Section 16 - Time Limits.
e.
Data Model Training
If no “Data-Model-Training” tag is present, Data Model Training is not
allowed.
A. Allowed, if provided as the value of the “Data-Model-Training” tag, Data Model
Training is allowed according to Section 7 (b) - Text and Data Mining.
B. Allowed-With-Fee-One-Time-[.0-9+], if provided as the value of the “Data-Model-Training" tag, Data
Model Training is only allowed with the one-time payment of [.0-9+] [Currency] according to Section 7 (b) - Text and Data
Mining and Section
12 - Fees.
C. Allowed-With-Fee-Monthly-[.0-9+], if provided
as the value of the “Data-Model-Training” tag, Data Model Training is only
allowed with payment of a Recurring Fee of [.0-9+] [Currency] according to Section 7 (b) - Text and Data
Mining and Section
12 - Fees.
D.
[Before/After]-[0-9+]-Years-Data-Model-Training, if one or more of these tags is specified their value must be one of
the Data Model Training License Parameters from Section 3(e) - Data Model
Training. This parameter is applicable [Before/After] a Time Limit of [0-9+]
years according to Section
16 - Time Limits.
f.
License Term
If
no “Expiry” tag is present, the term of the License is unlimited.
A. [0-9+], if provided as the value of the “Expiry” tag, the License Term expires
after [0-9+] years according to Section 15(b).
g.
Currency
If no ”Currency” tag is present, the currency for payment is $U tokens
on the Arweave network.
A. [Currency], if provided as the value of the “Currency” tag, this is the crypto
currency for payment. The Payment Address and Payment Mode License Parameters
must be compatible with [Currency].
h.
Payment Address
If no ”Payment-Address” tag is present, the following applies: If a
smart contract is attached to the Media, the Payment Address is the address
defined within the smart contract, otherwise the Payment Address is the address
which posted the Media to the Network.
A.
[Address], if provided as the value of the “Payment-Address”
tag, this is the address to receive payment denominated in [Currency].
i.
Payment Mode
If no ”Payment-Mode” tag is present, payments shall be made to the
Payment Address: [Payment-Address] according to Section 14(b) - Payment Methods.
A.
Random-Distribution, if provided as the value of the “Payment-Mode”
tag, payments shall be distributed randomly between all Payment Addresses
proportional to their respective PST holdings according to Section 14(b) -
Payment Methods.
B.
Global-Distribution, payments shall be distributed equally between all
Payment Addresses proportional to their respective PST holdings according to Section 14(b) -
Payment Methods.
Section
4 - General Conditions
- The Licensed Rights granted to the Licensee are
subject to the Licensee's compliance with this License and Applicable
Laws. For the avoidance of doubt, insofar as Exceptions and Limitations
are applicable, the Licensee does not need to comply with the respective
terms and conditions of this License.
- The Licensee acknowledges that all legal rights, title
and interest in and to the Media and all intellectual property rights
therein are owned by the Licensor and/or the creator of the Media. The
Licensee's rights to the Media are limited to the Licensed Rights
described in License.
- Moral rights, publicity, privacy and/or other similar
rights are not granted under this License. To the extent possible, the
Licensor waives and/or agrees not to assert any rights or authority held
by the Licensor under Applicable Law to the limited extent necessary to
allow the Licensee to exercise the Licensed Rights, but not otherwise.
- Patent and trademark rights are not licensed under
this License.
- The creator and the Licensor reserve all rights in the
Media not expressly granted to the Licensee by this License
Section
5 - Derivations
- If the use of Derivations other than for solely
non-commercial purposes is allowed according to Section 3 - License Parameters, the
Licensee may create and use Derivations to advertise, market or sell a
product or service of the Licensee or a third party.
Section
6 - Commercial Use
- If Commercial Use of the Media is allowed according to
Section 3 - License
Parameters, the Licensee may use the Media to advertise, market
or sell a product or service of the Licensee or a third party.
Section
7 - Data Model Training
- The Licensor expressly reserves
the right of reproduction for Data Model Training.
- If Data Model Training is allowed
according to Section
3 - License Parameters, the Licensee may use a) the Media or b)
data relating to the Media provided by the Licensor to the Licensee with
the Media, for Data Model Training, in a way that no parts of the Media
become a permanent part of an artificial intelligence system or are
otherwise stored.
Section
8 - Credit
- If the use of the Media or
Derivations is subject to a Credit according to the Section 3 - License
Parameters, the Licensee shall only exercise the Licensed
Rights with
- an identification of the creator of the Media and any others
designated to receive credit (including pseudonyms) and
- a link to the Media to the extent
provided by the Licensor with the Media ("Credit").
- The Licensee shall give Credit in a reasonable manner
based on the Media, means, and context of the use of the Media or
Derivation.
- The Licensor may request to remove
any identification or other information included in the Credit at any
time.
Section
9 - Indication
- If
the use of Derivations is subject to an indication according to the Section 3 - License
Parameters, the Licensee shall make transparent that the
Derivation is a Derivation of the Media ("Indication") in a
reasonable manner based on the Media, means, and context of the use of the
Derivation, but not in any way that suggests the Licensor endorses the
Licensee or the use of the Media as a Derivation. An Indication of any
previous Derivations shall be retained.
Section
10 - License Passthrough
- If the use of Derivations is subject to License
Passthrough according to the Section 3 - License Parameters, the
Licensee shall only allow the use of a Derivation to third parties under
the same terms and conditions as under this License ("Passing On
License").
- The Licensor shall not offer or include any additional
or different terms and conditions in such a Passing On License that
restrict or otherwise affect the exercise of the rights granted under the
Passing On License.
Section
11 - Unknown Rights Of Use
- Unless otherwise indicated in the Section 3 - License
Parameters, unknown rights of use shall be included in the
Licensed Rights insofar as they are available and such grant of unknown
rights of use is permissible under Applicable Law.
Section
12 - Fees
- Unless otherwise indicated in the Section 3 - License
Parameters, the grant of the Licensed Rights shall be free of
charge.
- If the use of Derivations or Commercial Use or Data
Model Training are subject to payment on a monthly basis ("Recurring
Fee") according to the Section 3 - License Parameters, the
Recurring Fee shall be due with the first exercise of the respective
Licensed Rights ("Payment Date") on a monthly basis for each
following month. The Payment Date may change if payments are delayed or if
the Payment Date started on a day that does not exist in the following
month.
- All one-time payments payable under this License shall
be due upon the first exercise of the respective Licensed Rights
- All payments payable under this License are cumulative
to each other.
- If a payment is not paid in accordance with Section 12 (b), Section
12 (c), Section
13 (a) - Revenue Share and Section 14 - Payment Methods despite
being due and payable, the Licensor may suspend the Access to the Media
until payment has been made and/or take technical and legal steps to
prevent the Licensee and/or third parties from accessing or using the
Derivation or to prevent Commercial Use by the Licensee and/or terminate
the License (Section
15 (f)).
- Upon termination of this License to Licensee's
non-compliance (Section
15(f)), or prohibited use (Section 17 - Prohibited Use, Misuse) or
if access or use of the Media is temporarily restricted in case of Section 17 (b),
the Licensee shall not be entitled to any refund of a prepayment balance
in case of a Recurring Fee or any full or partial refund in case of a
one-time payment.
Section
13 - Revenue Share
- If the use of Derivations or Commercial Use are
subject to a Revenue Share according to the Section 3 - License Parameters, the
Licensee shall pay to the Licensor the percentage stated in the Section 3 - License
Parameters of any fees, payments or other remuneration the
Licensee receives from third parties for use of Derivations or Commercial
Use ("Revenue Share"). Revenue Shares shall be due by the first
day of each month starting with the first use of such Derivations or the
first Commercial Use.
- Upon request of the Licensor, the Licensee shall
provide documentation on the use of the Derivation by the Licensee and/or
third parties or Commercial Use by the Licensee. The Licensor reserves the
right to monitor and/or verify the use of the Derivation by the Licensee
and/or third parties or the Commercial Use by the Licensee, in particular
through technical measures.
Section
14 - Payment Methods
- All payments under this License shall be made in the
cryptocurrency and via the payment method indicated in the Section 3 - License
Parameters.
- If a payment shall be made in a cryptocurrency
according to the Section
3 - License Parameters, the Licensee shall transfer the amount
payable to the Payment Address indicated in the Section 3 - License Parameters.
Transaction Fees shall be payable by the Licensee and shall be paid in
addition to the respective payment ; thus, the Licensee must ensure that
the full amount will be transferred to the Payment Address.
Section
15 - Term And Termination
- Unless otherwise indicated in the Section 3 - License
Parameters, the term of this License shall be unlimited.
- If the term of this License is limited according to
the Section 3 -
License Parameters, the License shall expire automatically to
the end of the stated term.
- If the grant of the Licensed Rights is free of charge
according to the Section
3 - License Parameters, the Licensee can terminate the License
at any time by ceasing the exercise of the Licensed Rights and the
Licensor can terminate the License at any time by suspending access to the
Media on the Network or by giving notice in text form.
- If the use of Derivations or Commercial Use or Data
Model Training are subject to a Recurring Fee according to the Section 3 - License
Parameters, the Licensee or the Licensor may terminate the
License or the use of Derivations or the Commercial Use by giving notice
in text form with a notice period of one (1) month. The Licensee will have
access to the Media on the Network through the end of the billing period.
- If the grant of the Licensed Rights is subject to a
one-time payment according to the Section 3 - License Parameters, a
termination of the License or the grant of the respective Licensed Rights
for convenience shall be excluded for the Licensor and the Licensee.
- Without prejudice to the foregoing
provisions, either the Licensor or the Licensee may terminate the License
or the grant of the Licensed Rights for good cause. A good cause on the
Licensor's side shall exist, in particular, but not limited to, if one or
more of the following events occur:
- a breach of Section
4 (a) (Licensee's non-compliance);
- a breach of Section
17 - Prohibited Use, Misuse;
- a breach of Section
12 (e) (No payment of fees);
- the Licensor must terminate the provision of the Media, for
example because a court or other authority demands the Licensor to
terminate the provision of the Media;
- the Licensor is unable to continue to provide the Media for an
extended period of time for reasons beyond the Licensor's control;
- the provision of the Media becomes otherwise impossible or
economically unreasonable for legal or factual, in particular technical,
reasons.
- Upon termination of this License
for any reason whatsoever, the Licensee shall cease the exercise of the
Licensed Rights or any other use of the Media and/or Derivations.
- All provisions of this License which may reasonably be
interpreted or construed as surviving the expiration or termination of the
License shall survive any expiration or termination of the License,
including, but not limited to the following Section 1 - Definitions, Section 15 - Term And
Termination, Section
18 - Disclaimer of Warranties and Limitation of Liabilities, Section 20 -
Indemnification, Section 22 - Miscellaneous.
- A termination by the Licensor shall be considered
declared by suspending access to the Media on the Network or by giving
notice in text form.
Section
16 - Time Limits
- If an individual Section 3 - License Parameter is subject
to a Time Limit, the terms and conditions of such License Parameters shall
only apply before expiry of such Time Limit or after the expiry of such
Time Limit as indicated in the License Parameters. In case of any
contradictions, such License Parameters which apply first, for the
avoidance of doubt the first in time, shall have precedence.
Section
17 - Prohibited Use, Misuse
- The Licensee shall be prohibited
to – directly or indirectly –
- use the Media without a link to the Network;
- take measures aimed at circumventing, overcoming or otherwise
disable technical protection measures or other security measures of the
Media; for the avoidance of doubt, technical Derivations are allowed to
the extent necessary to exercise the Licensed Rights;
- use the Media for purposes and/or in connection with materials
(e.g. texts, images, films, video clips) and/or to disseminate
information in connection,
- which contain criminal content;
- constitute hatred, intolerance, violence, discrimination or any
other form of disregard for the rights of third parties or otherwise
violates the rights of third parties, in particular offensive or
derogatory material relating to gender, race, religion, skin color,
origin, age, physical or mental disability, medical condition or sexual
orientation;
- infringe the rights of third parties (in particular copyrights,
publication rights, patents, trademarks, service marks, trade names,
trade secrets or other intellectual property rights);
- are associated with gambling activities;
- violate a person's privacy;
- are otherwise unlawful or unreasonable
(together and individually referred to as "Prohibited Use").
- If there is a reasonable suspicion that the Licensee
is creating a risk or possible legal liabilities, infringing intellectual
property rights of third parties, or not acting in accordance with this
License, the Licensor may limit, suspend, or terminate the provision of
the Media, or portions thereof, and/or take technical and legal steps to
prevent the Licensee from accessing or using the Media, in particular in
a case of a Prohibited Use, irremediable violations or in the case of
serious violations, such as those based on intent.
- This shall be without prejudice to further legal
remedies available to the Licensor under Applicable Law, including,
without limitation, compensation for losses.
Section 18 - Disclaimer Of Warranties
And Limitation Of Liabilities
- Unless otherwise expressly provided in this License,
to the fullest extent permitted by Applicable Law, the Media shall be provided
on an "as is" and "as available" basis and the
Licensor makes no representations, warranties or guarantees of any kind,
express or implied, as to the Media, including without limitation
warranties of title, merchantability, fitness for a particular purpose,
satisfactory quality, non-infringement, or the absence of latent or other
defects, accuracy, or the present or absence of errors, whether or not
discoverable. The Licensee expressly agrees that the exercise of the
Licensed Rights is at its sole risk.
- Unless otherwise expressly provided in this License,
to the fullest extent permitted by Applicable Law, the Licensor shall not
be liable on any legal theory (including, without limitation, negligence)
or otherwise for any direct, special, indirect, incidental, special,
consequential, exemplary or punitive or other losses, costs, expenses, or
damages arising out of this License or the use of the Media, whether
foreseeable or not, including, but not limited to, loss of business, loss
of profits, revenue, data or use by the Licensee or a third party.
Further, in no event shall the liability of the Licensor exceed any amount
paid by the Licensee under this License.
- The disclaimer of warranties and limitation of
liability provided above shall be interpreted in a manner that, to the
extent possible, most closely approximates an absolute disclaimer and
waiver of all liability. Insofar as the Licensor has certain rights under
Applicable Laws, nothing in this section is intended to affect those
rights.
Section
19 - Provision Of The Media, Network
- The Media and access thereto is provided solely via
the Network. The Licensee understands that no company associated with the
Network is a party of this License and has no duty or obligation with
respect to this License or the use of the Media, unless otherwise
expressly agreed.
- The Licensor reserves the rights to offer and provide
the Media and rights in and to the Media on different terms or to stop
providing the Media via the Network; however, this License shall not be
affected thereby.
Section 20 - Indemnification
- The Licensee shall indemnify,
defend, and hold harmless and reimburse the Licensor from and against any
and all actions, proceedings, claims, damages, demands and actions
(including without limitation fees and expenses of counsel), incurred by the
Licensor arising from or relating to:
- the Licensee's exercising of the Licensed Rights;
- the Licensee's breach of or violation of this License, in
particular any Prohibited Use;
- the Licensee's violation of any rights of a third party;
- any act or omission of the Licensee that is negligent, unlawful
or constitutes willful misconduct.
Section 21 - Database Rights
- If the Licensee includes the Media
in a database in which the Licensee has database or related rights, such
database (but not its individual contents) shall be deemed to be a
Derivation; sections 6,
8, 9, 12 and 13 shall
apply accordingly.
- For the avoidance of doubt, this
section 21
supplements and does not replace obligations under this License.
Section 22 - Miscellaneous
- Terms and conditions of the
Licensee shall not apply, even if the Licensor has not expressly objected
to their application in individual cases.
- Nothing in this License
constitutes or shall be construed as permission to assert or imply that
the Licensee or the use of the Media is, connected with, sponsored,
endorsed, or granted official status by the Licensor.
- Should individual provisions of
this License be or become void or ineffective in whole or in part, or
should the License contain a loophole, this shall not affect the validity
of the remaining provisions. The void or invalid provision shall be replaced
with a valid provision that comes as close as possible to it in economic
terms, unless a supplementary interpretation of the License takes
precedence or is possible.
- The Licensor reserves the right,
with regard to one or more Licensees, to expressly waive any of its rights
under this License or statutory rights.
Section 23 - Index
Section 1 -
Definitions
Section 2 - License Rights
Section 3 - License
Parameters
a. Access
b. Derivation
c. Unknown Rights
d. Commercial Use
e. Data Model Training
f. License Term
g. Currency
h. Payment Address
i. Payment Mode
Section 4 - General
Conditions
Section 5 - Derivations
Section 6 - Commercial Use
Section 7 - Data Model
Training
Section 8 - Credit
Section 9 - Indication
Section 10 - License
Passthrough
Section 11 - Unknown Rights
Of Use
Section 12 - Fees
Section 13 - Revenue Share
Section 14 - Payment Methods
Section 15 - Term And
Termination
Section 16 - Time Limits
Section 17 - Prohibited Use,
Misuse
Section 18 - Disclaimer Of
Warranties And Limitation Of Liabilities
Section 19 - Provision Of The
Media, Network
Section 20 - Indemnification
Section 21 - Database Rights
Section 22 - Miscellaneous
Section 23 - Index