Persper Public Data Set License Agreement – Version 1.0 (Draft)

This Persper Public Data Set License Agreement (“Agreement”) is intended to set forth the terms under which the data provided under this Agreement (“Data Set”) is provided to you by the Contributors (as defined below).  Your Use (as defined below) of the Data Set, your exercise of any of the rights and permissions granted below, or any other indication reasonably manifesting assent by you, constitutes your acceptance and agreement to be bound by this Agreement. For good and valuable consideration, which includes, without limitation, your access to the Data Set, the sufficiency of which you hereby acknowledge, the Contributors and you hereby agree as follows: 

  1. Ownership of Data.  You hereby acknowledge that the Contributors own certain rights in the Data Set, which include, without limitation, any applicable rights under copyright, proprietary information, moral rights (or droit d’auteur) and sui generis database rights such the Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases.  In the event you, directly or indirectly, challenge any Contributor’s ownership in the Data Set or assist any third party to do so, all rights granted to you hereunder by all Contributors will automatically terminate. The Contributors hereby reserve all rights not expressly granted herein.  For clarity, this Agreement grants no rights in any patent, patent application or equivalent right. 

  2. License.  Subject to the conditions in Section 3 of this Agreement, each Contributor hereby grants to you a worldwide, non-exclusive, non-transferable, irrevocable (except as provided in Section 5) non-sublicenseable right to use or otherwise exploit the Data Set for any purpose.

  3. Conditions.  If you Distribute the Data Set or any Processed Data Set (together, the “Licensed Data Set”):

    1. You must Distribute the Licensed Data Set only under the terms of this Agreement. 

    2. You must not impose any further restrictions on the exercise of the rights granted under this Agreement, but you may agree to additional covenants (such as providing warranties, support or services) relating to the Data Set or Processed Data Set.  

    3. You may provide the Licensed Data Set in any format, but you must make the Data Set or Processed Data Set in an Open Format.

    4. You must provide a notice, in a reasonable manner, consisting of a copy of this Agreement (or a link at a publicly available location on the internet to a copy of this Agreement located at https://persper.org/pdl-v1) and any other notices of Contributors that were provided to you with the Licensed Data Set, to any party who receives such Licensed Data Set from you. 

  4. Privacy and Publicity.  This Agreement does not grant any rights of privacy or publicity.  The Contributors make no warranty to you that the Data Set, or any portion thereof, or the processing thereof, is lawfully provided under any applicable rights of privacy or publicity.  As between you and the Contributors, you are responsible to ensure that your use or other exploitation of the Data Set is in accordance with data privacy, publicity, or other law.

  5. Termination.  Your rights under this Agreement will terminate immediately if you fail to comply with the terms and conditions of this Agreement and you do not cure such failure in a reasonable period of time after becoming aware of such noncompliance. In such event, you must cease all Use of the Data Set.

  6. Direct License.  Each recipient of the Data Set under this Agreement receives rights hereunder directly from each Contributor.    

  7. Conflict.  If you cannot use the Data Set under applicable law without restrictions that would violate the terms of this Agreement, you must not use the Data Set.

  8. Definitions.  In this Agreement, the following terms will have the following meanings.

    1. “Agent” means a function that maps one or more inputs (or percepts) to one or more outputs (or actions).  The term “Agent” is intended to be interpreted broadly to include any and all components of an artificial intelligence system.

    2. “Agent Function” means a representation of information (or knowledge), including without limitation one or more states, parameters, connections, models, formulas, programs, rules, descriptions or other code or data structures. The term “Agent Function” is intended to be interpreted broadly to include any and all possible forms of an Agent.

    3. “Contributor” means any party who makes available a Data Set to you under this Agreement.  

    4. “Data Set” means the data provided under this Agreement.  For clarity, a“Data Set” is any form of information that is used, either directly or after transformation, derivation, reduction, or extension, by a learning process.  A Data Set contains inputs and outputs of the Agent Function or information that can be used to generate the inputs and outputs. The term “Data Set” is intended to be interpreted broadly to include any and all data used by an Agent.

    5. “Distribute” means to: (a) transfer a copy of a Licensed Data Set; or (b) make a Licensed Data Set publicly available, including, without limitation, via network access to the Licensed Data Set or the ability to query the Licensed Data Set.

    6. “Process” means to analyze, process, or otherwise Use the Data Set in a manner that that results in an Processed Data Set.

    7. “Processed Data Set” means a Data Set created by employing a Learning Process on a such Data Set.

    8. “Learning Process” means initializing, setting, modifying, reducing, extending or transferring the representations or part of the representations of one or more Agents. The term “Learning Process” is intended to be interpreted broadly to include any and all changes to an Agent in an artificial intelligence system.

    9. “Linking” (of Data Sets) means that the Data Sets are used in Overlapped Learning Processes.

    10. “Open Format” means (a) the same format under which the Data Set was provided to you, or (b) a format that can be transformed to the format described in (a) using a publicly available method, or (c) a format for which there is a generally available specification that is made available by its publishers without the obligation to pay license fees or enter into additional agreements.

    11. “Overlap” (of Learning Processes) means that the Learning Processes apply to the same representations or portions of representations.  The “Overlapping” of Learning Processes is transitive. For example, for three learning processes X, Y, and Z, if X overlaps with Y and Y overlaps with Z, then X overlaps with Z.

    12. “Use” means to use or otherwise exploit the Data Set in any manner, including, without limitation, the examination, copying, processing, analysis, publication or Distribution of the Data Set.  The term “Use” is intended to be broadly interpreted.

  9. Disclaimer.  THE DATA SET IS PROVIDED“AS IS” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

  10. Limitation of Liability.  YOU ACKNOWLEDGE THAT NO CONTRIBUTOR WILL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE DATA SET OR RIGHTS GRANTED HEREUNDER, EVEN IF SUCH CONTRIBUTOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

  11. Revisions.  The Persper Foundation is the author of this Agreement.  The Persper Foundation may, from time to time, publish new versions of this Agreement.  Each version will be given a distinguishing version number.  Unless otherwise specifically stated by a Contributor, you may use the Data Set under this version of the Agreement or any later version.  You may modify this Agreement, but if you do so, you must change the title of your modified agreement in such a way that it will not be confusingly similar to this Agreement; provided, however, that you may state that your modified agreement is based on this Agreement.

  12. Miscellaneous.  No amendment or modification hereof will be valid or binding upon the parties unless made in writing and signed by the duly authorized representatives of both parties. In the event that any provision of this Agreement is held to be unenforceable, this Agreement will continue in full force and effect and will be reformed or limited to the extent to reflect the original intent of the parties.  Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder will not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.  

* Thanks to Heather Meeker for her assistance with creating this license (www.heathermeeker.com).

© 2018 Persper Foundation

  • github-logo
  • Twitter Social Icon