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# Nwulite Obodo Open Data License - Version 1.0
## Navigation
- Section 1 - Definitions
- Section 2 - Scope
- Section 3 - License Conditions
- Section 4 - Disclaimer of Warranties and Limitation of Liability
- Section 5 - Term and Terminations
- Section 6 - Other Terms and Conditions
- Section 7 - Interpretation
This Nwulite Obodo Open Data License - Version 1.0 is between the Dataset Provider(s) and the Dataset Recipient(s) (collectively, the "Parties") who agree as follows:
## Section 1 - Definitions
**Adapted Material** means material subject to any ownership or exclusive possessory Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the ownership or exclusive possessory Rights held by the Dataset Provider(s). For purposes of this License, Adapted Material includes Results.
**Adapter's License** means the license which the Dataset Recipient(s) applies to any ownership or exclusive possessory Rights in the Dataset Recipient(s)'s contributions to Adapted Material in accordance with the terms and conditions of this License.
**Dataset Provider(s)** means the individual(s) or entity(ies) granting rights under this License.
**Data Recipient** means:
1. any person(s) who is a citizen of and is resident in a Developing country n Developing country, or in the case of entity(ies), a firm or a body corporate, is registered and headquartered in a Developing country and serves a purpose that is connected to citizens in a Developing Country, who receives the Licensed Material directly or indirectly from a Data Provider(s) and agrees to the terms of this agreement;
or
2. any person(s) or entity(ies) for whom, (i) does not explicitly apply. For the avoidance of doubt, Section 1(d)(i) does not apply to Developing country subsidiaries of global/international companies including companies in a Developing country that have headquarters or economic decisions made outside a Developing country.
**Developing Country** means any country that is not classified as a "high-income" economy by the World Bank.
**Exceptions and Limitations** includes any legal exception or limitation statutorily imposed on or applicable to the Dataset Recipient(s)'s use, modification or sharing all or any portion of the Licensed Material.
**Licensed Material** means the material received by a Data Recipient under this agreement.
**Licensed Rights** means the rights granted to the Dataset Recipient(s) subject to the terms and conditions of this License, which cover all Rights that apply to the Dataset Recipient(s)'s use of the Licensed Material and that the Dataset Provider(s) has authority to license.
**Results** means any outcome obtained by computational analysis of Data, including for example machine learning models and models' insights.
**Rights** means any right applicable in law to the Licensed Material, without regard to how the rights are labeled or categorized.
**Share** means to provide material to the public by any means or process that requires permission under the Licensed Rights, and to make material available to the public in any manner or form.
**Term** means the period specified in Section 5.1.
**Use** (as a verb) means doing any act that is restricted or exclusively reserved by law or contract with respect to the Licensed Material whether in the original medium or any other; and includes without limitation distributing, copying, publicly performing, publicly displaying, and preparing Adapted Material from the Licensed Material, as well as modifying the Licensed Material as may be technically necessary to use it in a different mode or format.
## Section 2 - Scope
### 2.1. License grant
#### 2.1.1.
Subject to the terms and conditions of this License, the Dataset Provider(s) hereby grants Dataset Recipient(s) for the Term, a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material, to reproduce, Use, modify and/or share the Licensed Material and any Adapted Material, in whole or in part and in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so.
#### 2.1.2.
This License does not apply to, and does not impose any restrictions on any part of the Licensed Material that is subject to/of any Exception and Limitation.
#### 2.1.3.
Offer from the Dataset Provider(s) - Licensed Material: Every recipient of the Licensed Material automatically receives an offer from the Dataset Provider(s) to exercise the Licensed Rights under the terms and conditions of this License.
#### 2.1.4.
Additional offer from the Dataset Provider(s) - Adapted Material: Every recipient of Adapted Material from Dataset Recipient(s) automatically receives an offer from the Dataset Provider(s) to exercise the Licensed Rights in the Adapted Material under the conditions of the Adapter's License Dataset Recipient(s) apply.
#### 2.1.5.
No downstream restrictions: Dataset Recipient(s) may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
#### 2.1.6.
No endorsement: Nothing in this License constitutes or may be construed as permission to assert or imply that Dataset Recipient(s) are, or that Dataset Recipient(s)'s use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Dataset Provider(s) or others designated to receive attribution as provided in Section 3.1.
### 2.2. Other rights.
#### 2.2.1.
Moral rights, such as the right of integrity, are not licensed under this License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Dataset Provider(s) waives and/or agrees not to assert any such rights held by the Dataset Provider(s) to the limited extent necessary to allow Dataset Recipient(s) to exercise the Licensed Rights, but not otherwise.
#### 2.2.2.
Patent and trademark rights are not licensed under this License.
#### 2.2.3.
To the extent possible, the Dataset Provider(s) waives in respect of the Data Recipient(s) in Section 1(d)(i) only, any right to collect royalties from such Dataset Recipient(s) for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases including for the Data Recipient(s) in Section 1(d)(ii), the Dataset Provider(s) expressly reserves any right to collect such royalties.
## Section 3 - License Conditions
The exercise of the Licensed Rights by the Dataset Recipient(s) is expressly made subject to the following conditions.
### 3.1. Attribution
#### 3.1.1.
If Dataset Recipient(s) Share the Licensed Material (including in modified form), Dataset Recipient(s) must:
- retain the following if it is supplied by the Dataset Provider(s) with the Licensed Material:
- identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Dataset Provider(s) (including by pseudonym if designated);
- a copyright notice, if applicable;
- a notice that refers to this License;
- a notice that refers to the disclaimer of warranties;
- a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
- indicate if Dataset Recipient(s) modified the Licensed Material and retain an indication of any previous modifications; and
- indicate the Licensed Material is licensed under this License, and include the text of, or the URI or hyperlink to, this License.
#### 3.1.2.
Dataset Recipient(s) may satisfy the conditions in Section 3.1.1 in any reasonable manner based on the medium, means, and context in which Dataset Recipient(s) Share the Licensed Material.
#### 3.1.3.
If requested by the Dataset Provider(s), Dataset Recipient(s) must remove any of the information required by Section 3.1.1 to the extent reasonably practicable.
### 3.2. ShareAlike
In addition to the conditions in Section 3.1, if the Dataset Recipient(s) indicated in Section 1(d)(i) Share Adapted Material that such Dataset Recipient(s) produce, the following conditions also apply:
#### 3.2.1.
The Adapter's License which such Dataset Recipient(s) apply must be a license with the same provisions as the License herein or a future, revised version, or a license compatible with this Nwulite Obodo Open Data License.
#### 3.2.2.
Save under the conditions indicated in this paragraph, neither the Licensed Material nor the Adapted Material may be exported to and/or made publicly available in any medium or manner unless reasonable measures are undertaken to verify that the recipient is located in an Developing country. For the avoidance of doubt, Neither the Licensed Material nor the Adapted Material may be exported to and/or made publicly available in any medium or manner to any country other than an Developing country. PROVIDED that export of the Licensed Material and/or the Adapted Material is permitted where such export is for the purpose of collaboration or enjoying a benefit agreed upon pursuant to paragraph 3.3 below or for other purposes and the exporting person or entity retains meaningful control of the Licensed Material and/or the Adapted Material.
#### 3.2.3.
Dataset Recipient(s) must include the text of, or the URI or hyperlink to, the Adapter's License Dataset Recipient(s) apply. Dataset Recipient(s) may satisfy this condition in any reasonable manner based on the medium, means, and context in which Dataset Recipient(s) Share Adapted Material.
#### 3.2.4.
Dataset Recipient(s) may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, Adapted Material that restrict exercise of the rights granted under the Adapter's License which the Dataset Recipient(s) apply.
*For the avoidance of doubt, Section 3.2 applies only to the Dataset Recipient(s) indicated in Section 1(d)(i).*
### 3.3. Sharing of value or benefits
In addition to the conditions in Section 3.1, if the Dataset Recipient(s) indicated in Section 1(d)(ii) Use the Licensed Material, produce and/or Share Adapted Material that such Dataset Recipient(s) produce, the following conditions also apply.
#### 3.3.1.
The Data Recipient(s) shall, prior to using, modifying or otherwise sharing, give or transfer to the Dataset Provider(s), the benefit or value indicated by the Dataset Provider(s) and supplied by the Dataset Provider(s) with the Licensed Material.
#### 3.3.2.
The Data Recipient(s) shall also retain the statement on the designated benefit or value if it is supplied by the Dataset Provider(s) with the Licensed Material, in any reasonable manner requested by the Dataset Provider(s).
#### 3.3.3.
The Data Recipient(s) shall also indicate if Dataset Recipient(s) modified the Licensed Material and retain an indication of any previous modifications.
#### 3.3.4.
Dataset Recipient(s) may satisfy the conditions in Section 3.3.2 in any reasonable manner based on the medium, means, and context in which Dataset Recipient(s) Share the Licensed Material.
#### 3.3.5.
Dataset Recipient(s) may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, Adapted Material that restrict exercise of the rights granted under the Adapter's License Dataset Recipient(s) apply.
*For the avoidance of doubt, Section 3.3 applies only to the Dataset Recipient(s) indicated in Section 1(d)(ii).*
## Section 4 - Disclaimer of Warranties and Limitation of Liability
### 4.1.
Unless otherwise separately undertaken by the Dataset Provider(s), to the extent possible, the Dataset Provider(s) offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non- infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to Dataset Recipient(s).
### 4.2.
To the extent possible, in no event will the Dataset Provider(s) be liable to Dataset Recipient(s) on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this License or use of the Licensed Material, even if the Dataset Provider(s) has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to Dataset Recipient(s).
### 4.3.
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.
## Section 5 - Term and Termination
### 5.1.
This License applies for the term of the Licensed Rights as stated under any law. However, if Dataset Recipient(s) fail to comply with this License, then Dataset Recipient(s)'s rights under this License terminate automatically.
### 5.2.
Where Dataset Recipient(s)'s right to use the Licensed Material has terminated under Section 5.1, it reinstates:
1. automatically as of the date the violation is cured, provided it is cured within 30 days of Dataset Recipient(s)'s discovery of the violation; or
2. upon express reinstatement by the Dataset Provider(s).
*For the avoidance of doubt, this Section 5.2 does not affect any right the Dataset Provider(s) may have to seek remedies for Dataset Recipient(s)'s violations of this License.*
### 5.3.
For the avoidance of doubt, the Dataset Provider(s) may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this License.
### 5.4.
In the case of Data Recipients indicated under Section 1(d)(i), this License and the rights granted hereunder will terminate automatically if any Developing country in which the Licensed Material is used, exported or distributed ceases at any time to qualify as an Developing country, in which case this License will automatically terminate with respect to such country five (5) years after the date of such re- classification; provided that such Data Recipient(s) will not be liable for copyright or other proprietary rights infringement unless and until such Data Recipient(s) continue to exercise such rights after such Data Recipient(s) have actual knowledge of the termination of this License for such country. Individuals or entities who have received Adapted Materials from such Data Recipient(s) under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses.
### 5.5.
Sections 1, 4, 5, 6, and 7 survive termination of this License.
## Section 6 - Other Terms and Conditions
### 6.1.
The Dataset Provider(s) shall not be bound by any additional or different terms or conditions communicated by Dataset Recipient(s) unless expressly agreed.
### 6.2.
Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.
## Section 7 - Interpretation
### 7.1.
For the avoidance of doubt, this License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this License.
### 7.2.
To the extent possible, if any provision of this License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this License without affecting the enforceability of the remaining terms and conditions.
### 7.3.
No term or condition of this License will be waived and no failure to comply consented to unless expressly agreed to by the Dataset Provider(s).
### 7.4.
Nothing in this License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Dataset Provider(s) or Dataset Recipient(s), including from the legal processes of any jurisdiction or authority.