Terms of use and policies
1. SUMMARY OF NLG'S LICENCES
2. OPEN DATABASE LICENSE OF THE NLG DIGITAL COLLECTIONS PLATFORM
3. LICENSE OF WORK OF THE NLG INCLUDED IN DIGITAL COLLECTIONS PLATFORM
4. TERMS OF USE OF NLG'S WEBSITE & DIGITAL COLLECTIONS PLATFORM
5. PRIVACY AND DATA PROTECTION TERMS OF NLG'S WEBSITE & DIGITAL COLLECTIONS PLATFORM
NLG supports a policy of Openness whenever this policy is doable. In the framework of Openness the meta-data of NLG’s Digital Collections Platform are available for use under the CC0 Universal Public Domain Dedication 1.0. Additionally, digitized copies of works which are under Copyright Law protection may become available for use under an open access license or other license which is properly reported in the registration of said work with the NLG’s Digital Collections Platform. Wherever there is open licensing of work there is specific note regarding it through an open access license or other license or the default license which is the NLG License which allows the reproduction of the licensed work under conditions of:
1) Attribution to the licensor,
2) Non-Commercial Use of the work,
3) No-Derivative work from the licensed work, and
4) No-Distribution by the licensee of the licensed work.
NLG is the Copyright holder for its Digital Collections Platform (digitalcollections.nlg.gr) which includes data bases, works of art, descriptions etc. Any reproduction of work which is included in the NLG’s Digital Collections Platform and/ or of the Digital Collections Platform per se is set under the licensed terms and clauses per specific work provided that said work is set under an open access license or any other license. Beyond that license framework, it is not allowed any partial or in whole reproduction of work which is included in NLG’s Digital Collections Platform and/or of NLG’s Digital Collections Platform without any prior written permission of the Copyright holder or the National Library of Greece being the Copyright holder for its Digital Collections Platform.
Preamble
The Open Database License of the National Library of Greece (ODbL-NLG) is an open content license agreement specially designed for the NLG, intended to allow users to freely use, share, modify this Database for any non-commercial use, while maintaining this same freedom for others (Non-Commercial use). For public use of the databases or for works produced from the databases, or if Derivative Databases are created, attribution must be provided for every/any public use of the NLG databases in the manner specified in the ODbL-NLG. For any use or redistribution of the databases, or works produced from them, the license of the databases must be made clear to others, and any notices on the original NLG databases must be kept intact. Additionally, if Derivative databases are created from the NLG databases the Derivative databases or works produced from an adapted database must be distributed with an open content license that contains the same or compatible terms as the ODbL-NLG (Share-Alike). The ODbL-NLG does not allow for any commercial use of the licensed databases.
The NLG databases are subject to copyright protection, and therefore this document licenses these rights. Some jurisdictions, mainly in the European Union, have specific rights that cover databases (Sui Generis Rights), and so the ODbL-NLG addresses these rights that also apply to Greek copyright legislation. Also, the ODbL-NLG constitutes a binding agreement in contract for users of this NLG Database, which dictates that NLG Database users must comply with the conditions of this agreement in return for accessing the data and information in this NLG Database.
NLG Databases may contain a wide variety of types of content (images, audiovisual material, and sounds all in the same database), and so the ODbL-NLG only governs the rights over the Database, and not the contents of the Database individually. The NLG may use the ODbL-NLG together with another license for the contents, if the contents have a single set of rights that uniformly covers all of the contents. If the contents have multiple sets of different rights, the NLG will describe what rights govern what contents together in the individual record or in some other way that clarifies what rights apply.
Sometimes the contents of a database, or the NLG database itself, may be covered by other rights not addressed here in the ODbL-NLG (such as private contracts, trademark over the name, or privacy rights/data protection rights over information in the contents), and so the consultation of other documents or clearance of other rights before doing activities not covered by this ODbL-NLG is advised.
The NLG as Licensor and You as Licensee (as defined below) agree as follows:
1.0 Definitions
“Collective Database” – Means this Database in unmodified form, as part of a collection of independent databases in themselves that together are assembled into a collective whole. A work that constitutes a Collective Database will not be considered a Derivative Database.
"Convey" - As a verb, means Using the Database, a Derivative Database, or the Database as part of a Collective Database in any way that enables a Person to make or receive copies of the Database or a Derivative Database. Conveying does not include interaction with a user through a computer network, or creating and using a Produced Work, where no transfer of a copy of the Database or a Derivative Database occurs.
"Contents" – Means the contents of this Database, which includes the information, independent works, or other material collected into the Database. For example, the contents of the Database could be factual data or works such as images, audiovisual material, text, or sounds.
"Database" – Means the 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 ODbL-NLG.
"Database Directive" - Means Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended or succeeded.
"Database Right" - Means rights resulting from the Chapter III ("sui generis") rights in the Database Directive (as amended and as transposed by member states), which includes the Extraction and Re-utilisation of the whole or a Substantial part of the Contents, as well as any similar rights available in the relevant jurisdiction under Section 10.4.
"Derivative Database" - Means a database based upon another database, and includes any translation, adaptation, arrangement, modification, or any other alteration of the original Database or of a Substantial part of the Contents. This includes, but is not limited to, Extracting or Re-utilising the whole or a Substantial part of the Contents in a new Database.
"Extraction" - Means the permanent or temporary transfer of all or a Substantial part of the Contents to another medium by any means or in any form.
"License" - Means this ODbL-NLG agreement and is both a license of rights such as copyright and Database Rights and an agreement in contract.
"Licensor" - Means the legal entity of the NATIONAL LIBRARY OF GREECE (NLG) that offers the Database under the terms of this ODbL-NLG.
"Person" - Means a natural or legal person or a body of persons either incorporated or not.
"Produced Work" – Means a work (such as an image, audiovisual material, text, or sounds) resulting from using the whole or a Substantial part of the Contents (via a search or other query) from this Database, a Derivative Database, or this Database as part of a Collective Database.
"Publicly" - Means Persons other than You or under Your control by either more than 50% ownership or by the power to direct their activities (such as contracting with an independent consultant).
"Re-utilisation" - Means any form of making available to the public all or a Substantial part of the Contents by the distribution of copies, by renting, by online or other forms of transmission.
"Substantial" - Means a substantial part of the Database in terms of quantity or quality or a combination of both. The repeated and systematic Extraction or Re-utilisation of insubstantial parts of the Database Contents may amount to the Extraction or Re-utilisation of a Substantial part of the Database Contents.
"Use" - As a verb, means doing any act that is restricted by copyright or Database Rights whether in the original medium or any other; and includes without limitation distributing, copying, publicly performing, publicly displaying, and preparing derivative works of the Database, as well as modifying the Database as may be technically necessary to use it in a different mode or format.
"You" - Means a Person exercising rights under this License who has not previously violated the terms of this ODbL-NLG with respect to the Database, or who has received express permission from the NLG to exercise rights under this ODbL-NLG despite a previous violation.
Words in the singular include the plural and vice versa.
2.0 What this ODbL-NLG covers
2.1. Legal effect of this ODbL-NLG.
The ODbL-NLG is a license of applicable copyright and neighbouring rights of the NLG Database between You and the NLG.
2.2 Legal rights covered.
This ODbL-NLG covers the legal rights in the Database, including:
- Legal rights covered. This License covers the legal rights in the NLG Database, including: Any copyright or neighbouring rights in the Database. The copyright licensed in the ODbL-NLG includes any individual elements of the Database, but the ODbL-NLG does not cover the copyright over the Contents independent of this Database. Copyright law varies between jurisdictions, but is likely to cover: the Database model or schema, which is the structure, arrangement, and organisation of the Database, and can also include the Database tables and table indexes; the data entry and output sheets; and the Field names of Contents stored in the Database;
- Sui Generis Database Rights of the NLG: The Sui Generis Database Rights of the ODbL-NLG only extend to the Extraction and Re-utilisation of the whole or a Substantial part of the Contents. Database Rights can apply even when there is no copyright over the Database.
The ODbL-NLG is an agreement between You and the NLG for access to the Database, which contains certain conditions of use on this access of the NLG database as outlined in this ODbL-NLG.
2.3 Rights not covered by this ODbL-NLG.
- This ODbL-NLG does not apply to computer programs used in the making or operation of the Database;
- This ODbL-NLG does not cover any patents over the Contents or the Database;
- This ODbL-NLG does not cover any trademarks or distinctive title associated with the NLG Database.
- This ODbL-NLG does not cover the rights of domain name associated with the Content or the Database or the NLG.
2.4 Relationship to Contents in the Database.
The individual items of the Contents contained in the NLG Database may be covered by other rights, including copyright, patent, data protection, privacy, or personality rights, and this ODbL-NLG does not cover any rights other than Database Rights or the rights listed in the text of this License. Consequently, this ODbL-NLG does not cover any copyright over individual Contents contained in the Database.
3.0 Rights granted
3.1 Subject to the terms and conditions of this ODbL-NLG, the NLG grants to You a worldwide, royalty-free, non-exclusive, terminable (but only under Section 9) license to Use the NLG Database for the duration of any applicable copyright and Database Rights of the NLG Database. These rights include any non-commercial use, but any commercial activity or any commercial use or endeavours are excluded from licensed use.
The rights granted cover under this ODbL-NLG are:
- The Use and Reproduction of the Contents of the NLG Database, as long as it does not constitute Extraction and Re-utilisation of the whole or a Substantial part of the Contents of the NLG Database;
- The Extraction and Re-utilisation of an insubstantial part of the Contents of the Database if such extraction and re-use is not systematic.
- The creation of Derivative Databases of the contents/registered elements of the NLG Database under the condition of the similar distribution of the Derivative Databases.
- The creation of temporary or permanent reproductions by any means and in any form, insubstantial part of the NLG Database, unless it constitutes a duplication of Derivative Databases from the NLG Database that are licensed under similar distribution terms.
- The translation, adaptation, reproduction and conversion of an insubstantial part of the Contents of the NLG Database.
- The making available/presentation to the public of an insubstantial part of the NLG database.
3.2 The NLG reserves the right to release the Database in whole or in part under different terms of use to selected users, or to stop distributing or making available the Database to the public. Note that this Database may be multiple-licensed, and so You may have the choice of using alternative licenses for the use of this Database if it expressly granted by the NLG.
3.3. All other rights not expressly granted in this ODbL-NLG are reserved exclusively and absolutely by the NLG.
4.0 Conditions of Use
4.1 The rights granted in Section 3 are expressly made subject to Your complying with the following conditions of use. These are important conditions of this ODbL-NLG, and if You fail to follow them, You will be in material breach of the terms of this ODbL-NLG.
4.2 Notices.
If You Publicly Convey this Database or/and any Derivative Database, then You must:
- Do so only under the terms of this ODbL-NLG or another license permitted under this ODbL-NLG;
- Include a copy of this ODbL-NLG (or, as applicable, a license permitted under Section 4.4) or its Uniform Resource Identifier (URI) with the Database as well as the Uniform Resource Identifier (URI) of the ODbL-NLG in any relevant documentation;
- Keep intact any copyright or the NLG Database Right notices, as well as any and all notices that refer to this ODbL-NLG.
- If it is not possible to put the required notices (referred to above) in a particular file due to its structure, then You must include the notices in a location where users would be likely to look for it.
4.3 Notice for the extraction of Contents.
The creation and use of a Produced Work by You 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 NLG Database, or from a Derivative Database created with registered data from the NLG Database, and that it is available under this ODbL-NLG.
The following text will satisfy notice under Section 4.3:
Contains information from the Digital Collections Platform of the National Library of Greece (NLG), which is made available at digitalcollections.nlg.gr, under the Open Database License (ODbL), and specifically under the Open Database License of the National Library of Greece (ODbL-NLG). The terms of the ODbL-NLG can be read at the "Terms of use and policies"
The name of the NLG Database should be replaced with the name of the Database and a hyperlink to the URI of the index page of the NLG Database. The phrase, “The terms of the ODbL-NLG can be read at the URI”, must be followed by a hyperlink to the URI of the text of this ODbL-NLG.
4.4 Share alike.
a. Any Derivative Database that is created and Publicly used must be only under the terms of:
i. ODbL-NLG or
ii. A later version of this ODbL-NLG similar in spirit to this ODbL-NLG; or
iii. A compatible license with the terms of this ODbL-NLG.
If You license a Derivative Database under one of the licenses mentioned in 4.4 a. iii, it is necessary to reconcile and comply that license with the terms of this ODbL-NLG.
b. For the avoidance of doubt, the Extraction or Re-utilisation of the whole or a Substantial part of the Contents of the NLG Database into a new database, either enriched or in a different mode or format, constitutes a Derivative Database and must comply with Section 4.4.
c. For the avoidance of doubt, You must not add Contents to Derivative Databases licensed under Section 4.4 if it is (additional content) incompatible with the rights granted under this ODbL-NLG.
d. The NLG or its authorized proxy may determine compatible licenses under Section 4.4 a iii. If they do so, the NLG’s or its authorised proxy’s public statement of acceptance of a compatible to the ODbL-NLG terms of use, grants You permission to use the compatible license. Until NLG or its authorized proxy do so, you are not granted the right to use the compatible license.
4.5 Technological measures and additional terms
- This ODbL-NLG does not allow You to impose any terms or any technological measures on the NLG Database, or on a Derivative Database, or the whole or a Substantial part of the Contents of the NLG Database or of the Derivative Database, that alter or restrict the terms of this ODbL-NLG or any rights granted under this ODbL-NLG or have the effect or intent of restricting the ability of any person to exercise those rights as they are granted under the ODbL-NLG.
- For the avoidance of doubt, it is possible to place this NLG Database or a Derivative Database in an authenticated environment, accessible via password, or within a similar access control scheme, provided that You do not alter or restrict the terms of this ODbL-NLG or any rights granted under it or have the effect or intent of restricting the ability of any person to exercise those rights granted by the terms of this ODbL-NLG.
4.6 Non Commercial Use
Non Commercial Use means use that is not intended as commercial trade or economic benefit. For the purposes of this ODbL-NLG the exchange of licensed work with another work subject to copyright or related rights by online file-sharing or related method is included under non-commercial use as long as there is no payment or financial consideration related to the method of online file-sharing.
5.0 Powers of Moral rights
5.1 Which are.
The powers of moral rights of the NLG database, for which the NLG is an absolute and exclusive beneficiary, are:
- The power to publish the database
- The power to identify authorship of the database
- The power to safeguard the integrity of the database
- The power of access to the database
- The power to withdraw from contracts or agreements related to the database
With this agreement, that is with the ODbL-NLG:
- There is no waiver or non-exercise agreement of the individual powers of moral right retained by the creator of the NLG Database.
- No validity is recognized of any agreement to the waiver or assertion of the individual powers of moral right retained by the creator of the NLG Database.
6.0 Limitations, Exceptions and other rights not affected
6.1 This ODbL-NLG does not affect any rights that You or any third party may have under any applicable law that regulate any use of this NLG Database, including without limitation:
- Exceptions or limitations to the Database Right including, the Extraction or Re-utilisation of Contents of the Database in the case of non-electronic Databases for private purposes, Extraction for teaching or scientific research, and Extraction or Re-utilisation of Contents of the Database for public security or an administrative or judicial procedure.
- Fair use or any other legally recognised limitation or exception to infringement of copyright or other applicable laws.
6.2 This ODbL-NLG does not affect any rights of lawful users to Extract and Re-utilise insubstantial parts of the Contents of the Database, evaluated quantitatively or qualitatively, for any purposes whatsoever, including creating a Derivative Database (subject to other rights over the Contents of the NLG Database, as defined in Section 2.4). However, the repeated and systematic Extraction or Re-utilisation of insubstantial parts of the Contents of the NLG Database may legally amount to the Extraction or Re-utilisation of a Substantial part of the Contents of the NLG Database.
7.0 Warranties and Disclaimer
The NLG Database is licensed by the NLG "as is", without any warranty of any kind, either express, implied, or arising by statute, custom, course of dealing, or trade usage. The NLG 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 of the NLG Database.
8.0 Limitation of liability
Subject to any liability that may not be excluded or limited by law, the NLG is not liable for, and expressly excludes, all liability for loss or damage however and whenever caused to anyone by any use under this ODbL-NLG, whether by You or by any third party, whether caused by any fault on the part of the NLG or not. This exclusion of liability includes, but is not limited to, any special, incidental, consequential, punitive, exemplary or moral damages such as loss of revenue, data, anticipated profits, and lost business. This exclusion applies even if the NLG has been advised of the possibility of such damages.
9.0 Termination of Your rights under this ODbL-NLG
9.1 Any breach by You of the terms and conditions of this ODbL-NLG automatically terminates this ODbL-NLG with immediate effect and without notice to You. For the avoidance of doubt, Persons who have received the NLG Database, or have received a Derivative Database, under this ODbL-NLG, will not have their licenses terminated provided their use is in full compliance with this ODbL-NLG or a license granted under Section 4.4 of this ODbL-NLG. Sections 1, 2, 7, 8, 9 and 10 will survive any termination of this ODbL-NLG.
9.2 If You are not in breach of the terms of this ODbL-NLG, the NLG will not terminate Your rights under this ODbL-NLG, unless there is force majeure (unforeseeable circumstances) or special reasons relating solely to the NLG.
9.3 Unless this ODbL-NLG is terminated under Section 9.1, this ODbL-NLG is granted to You for the duration of applicable rights in the Database, including the sui generic database rights of the database maker of the NLG Database.
9.4 If you cease any breach of the terms and conditions of this ODbL-NLG, then your full rights under this ODbL-NLG will be reinstated permanently on the 60th day after cessation of breach of this ODbL-NLG, unless otherwise reasonably notified by the NLG.
9.5 Notwithstanding the above, the NLG reserves the right to release its Database to third parties under different license terms. Releasing the NLG Database under different license terms to third parties will not withdraw this ODbL-NLG (or any other license that has been, or is required to be, granted under the terms of this ODbL-NLG), and this ODbL-NLG will continue in full force and effect unless terminated as stated above.
10.0 General
10.1 If any provision of this ODbL-NLG is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remainder of the terms and conditions of this ODbL-NLG and each remaining provision of this ODbL-NLG shall be valid and enforced to the fullest extent permitted by law.
10.2 This ODbL-NLG is the entire agreement between the parties with respect to the rights granted here over the NLG Database. This ODbL-NLG replaces any earlier understandings, agreements or representations with respect to the NLG Database.
10.3 If You are in breach of the terms of this ODbL-NLG, You will not be entitled to rely on the terms of this ODbL-NLG or to complain of any breach of this ODbL-NLG by the NLG.
10.4 This ODbL-NLG takes effect in and will be governed by the laws of Greece responsible for infringement cases of ODbL-NLG.
This is an abstract (and not a substitute text) of the license agreement. This abstract summarizes the author's (hereinafter referred to as the “Licensor”) transfer of powers of copyright for the use of his/her work of authorship, (hereinafter referred to as the "Work") made available under the License of Work of the National Library of Greece (NLG), by the user (hereinafter referred to as "Licensee") in the Digital Collections Platform of the NLG.
The Licensee is granted
- reproduction: The reproduction, public or private, of the Licensed Work.
The Licensor may not revoke the transfer of the above rights provided that Licensee complies with the terms of the license as described below.
Under the following conditions:
- Attribution: Attribution must be given to the Licensor as the creator and to other copyright holders if they exist, as attribution of the Work is specified by the Licensor.
- No commercial use: The Licensed Work may not be used for any direct or indirect commercial purpose.
- No Derivative Works: Derivative work may not be created or distributed from the Licensed Work (e.g., adapt, translate, modify, etc.).
- No Distribution: The Licensed Work may not be distributed to the public.
Note:
- There is no obligation to comply with the terms of this license for elements of the Work that are in the Public Domain, or for the use of which a legal restriction or an exception to the copyright is applied.
- No warranty is given with this license. The license does not assign all copyright-related rights of the Work. For example, other rights, such as the presentation of the Work to the public, rights concerning the protection of personal data and protection of privacy and publicity, rights concerning the moral rights of copyright can limit the permitted uses of the Work.
This License (hereinafter referred to as NLG license of Work) provides a set of terms and conditions, that the Licensor, as the creator of the Work and/or the other holders of copyright rights accept, in order for the Licensor's Work to be made available through the Digital Collections Platform of the NLG. The NLG license of Work is available for use by any Licensor who wishes to allow for the public use of the copyrighted and Licensed Work. The NLG license of Work cannot be revoked. The NLG license of Work is granted after the Licensor has read and understood the terms and conditions of this license, and has, additionally, identified any element contained in his or her Work that is not subject to this license agreement.
By making use of the NLG license of Work, the Licensor grants the public, who is the Licensee, permission to use the Licensed Work under specified terms and conditions. If the Licensor's permission is not necessary for any reason--for example, because of any applicable exception or limitation to copyright--then that use is not regulated by the terms of the NLG license of Work. The NLG license of Work grants only permissions under copyright and certain other rights that a Licensor has authority to grant.
1. Definitions
1. Adapted Work means Work subject to Copyright and Related Rights that is derived from or based upon the Licensed Work being in the form a translation, alteration, transformation of, or otherwise modification of the Licensed Work in a manner requiring permission under the Copyright and Related Rights held by the Licensor.
2. Copyright and Related Rights means copyright and/or related rights including, without limitation, performance, broadcast, sound recording, producers of audiovisual works (producers of sound and visual media), broadcasters, publishers of printed matter, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized.
3. Effective Technological Measures means those technological protection measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements of the WIPO Copyright Treaty of December 20, 1996, and in accordance with Article 66A of Law 2121/1993.
4. Exceptions and Limitations means the fair use/dealing for private reproduction (Article 18 of Law 2121/1993), and/or any other exception or limitation to Copyright and Related Rights, applicable to the Licensee's use of the Licensed Work (Article 19-28B of Law 2121/1993), which is not contrary to the general clause on restrictions—the three-step stage test (Article 28C of Law 2121/1993).
5. Licensed Work Material means the artistic or literary work, database, or other material to which the Licensor applied to the NLG license of Work.
6. Licensed Rights means the rights granted to the Licensee, subject to the terms and conditions of the NLG license of Work, which are limited to all Copyright and Related Rights that apply to the Licensee’s use of the Licensed Work Material and that the Licensor has authority to license.
7. The Licensor means the natural or legal individual(s) or entity(ies) granting rights under the NLG license of Work.
8. No Commercial Use means use that is not primarily intended, directly or indirectly, towards commercial advantage or economic benefit/monetary compensation of the Licensee. For the purposes of the NLG license of Work, the exchange of the Licensed Work with other works, subject to Copyright and Related Rights, through on-line distribution/file sharing (online file-sharing), or the like, is considered as a commercial use, even if no payment or financial consideration is received in relation to the method of on-line distribution/sharing of files. It is therefore prohibited to distribute the Work, in exchange of other work, by any method of online distribution/sharing of third-party files in relation to the NLG.
9. Distribution means the publication of the Work to the public, in any way or method that requires prior authorization by the Licensor, in order to exercise the powers of copyright over their intellectual property. Consequently, with the NLG license of Work, the distribution of the Work to the public by the Licensee is prohibited.
10. Public means a number of people who are not characterized to each other by particular familial or personal relationships.
11. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as it has also been ruled through Article 45A of Law 2121/1993.
12. Licensee means the individual or entity exercising the Licensed Rights under the NLG license of Work.
2. Scope.
a. License grant.
1. Subject to the terms and conditions of this NLG license of Work, the Licensor hereby grants Licensee a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Work to:
- reproduce, publicly or privately, the Licensed Work , in whole or in part, solely for non-commercial use, &
2. Exceptions and Limitations: For the avoidance of doubt, where Exceptions and Limitations apply to the Licensee’s use, this NLG license of Work does not apply, and the Licensee does not need to comply with its terms and conditions.
3. Term: The term of NLG license of Work is specified in Section 6 (a) thereof.
4. Media and formats; technical modifications allowed: the Licensor authorizes the Licensee to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid the Licensee from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this NLG license of Work, simply making modifications authorized by this Section 2(a) (4) never produces Adapted Material.
5. Downstream recipients.
Α. Offer from the Licensor -- Licensed Work. Every recipient of the Licensed Work automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of the NLG license of Work.
Β. No downstream restrictions: the Licensee may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to the Licensed Work , if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Work.
6. No endorsement: Nothing in this NLG license of Work constitutes or may be construed as permission to assert or imply that the Licensee is, or that Licensee’s use of the Licensed Work is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i) of this NLG license of Work, through sponsorship, consensus or official recognition.
b. Other rights.
1. Moral rights, such as the right of integrity, are not licensed under of the NLG license of Work, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow the Licensee to exercise the Licensed Rights, but not otherwise.
2. Patent and trademark rights are not licensed under this NLG license of Work.
3. To the extent possible, the Licensor waives any right to collect royalties from the Licensee and the NLG 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, the Licensor expressly reserves any right to collect such royalties, for any use of his/her work other than non-commercial uses, as well as reserves his/her legal rights to claim compensation for any use of the licensed Work that is not in accordance with the content of the NLG license of Work.
3. License Conditions
The offer from the Licensor to exercise some of his/her Licensed Rights to the Licensee is expressly made subject to the following conditions:
a. Attribution
a. 1. Every time Licensed Work is reproduced, the Licensee must:
Α. To retain the following if it is supplied by the Licensor with the Licensed Work:
a.1.A.i.i. Identification of the creator(s) of the Licensed Work and any others designated to receive attribution, in any reasonable manner requested by the Licensor, including by pseudonym if designated;
a.1.A.i.ii. Reference to a copyright notice;
a.1.A.i.iii. A notice that refers to this NLG license of Work to Copyright and Related Rights, which makes this Licensed Work available for use;
a.1.A.i.iv. A notice that refers to the disclaimer of warranties of the NLG;
a.1.A.i.v. A notice of the Uniform Resource Identifier (URI) or hyperlink to the Licensed Work to the extent reasonably practicable.
a. 2. The Licensee must satisfy the conditions of attribution according to Section 3(a)(1) of this license agreement, in any reasonable manner based on the medium, means, and context in consideration of how the Licensed Work was reproduced.
a.3. If requested by the Licensor, the Licensee must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
4. Sui Generis Database Rights
Where the Licensed Rights include Sui Generis Database Rights that apply to the Licensee’s use of the Licensed Work:
a. if all or a substantial portion of the database contents are included in a database in which the Licensee has Sui Generis Database Rights, then the database in which the Licensee have Sui Generis Database Rights (but not its individual contents) is Adapted Work for the purpose and meaning of Section 3(b); and
c. For the avoidance of doubt, Section 4 of this NLG license of Work supplements and does not replace the Licensee’s obligations under this NLG license of Work where the Licensed Rights include other Copyright and Related Rights of the Licensor.
5. Disclaimer of Warranties and Limitation of Liability
a. Unless otherwise separately undertaken by the Licensor, in a different text or in his/her work, and to the extent possible, the Licensor offers the Licensed Work as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Work, 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 the Licensee.
b. To the extent possible, in no event will the Licensor be liable to the Licensee 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 NLG license of Work or use of the Licensed Work, even if the Licensor 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 the Licensee.
c. 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.
6. Term and Termination
a. This NLG license of Work applies for the term of the Copyright and Related Rights licensed here. However, in the event of non-compliance with the terms of this NLG license of Work, then the Licensee’s rights under this NLG license of Work terminate automatically.
b. For the avoidance of doubt, this Section 6(b) of this NLG license of Work does not affect any right the Licensor may have to seek remedies for the Licensee violations of this NLG license of Work.
c. For the avoidance of doubt, the Licensor may also offer the Licensed Work under separate terms or conditions or stop distributing the Licensed Work at any time; however, doing so will not terminate this NLG license of Work.
d. Sections 1, 5, 6, 7, and 8 survive termination of this NLG license of Work.
7. Other Terms and Conditions
a. The Licensor shall not be bound by any additional or different terms or conditions communicated by the Licensee regarding the use of his/her Licensed Work unless expressly agreed.
b. Any arrangements, understandings, or agreements regarding the Licensed Work not stated herein this NLG license of Work, are separate from and independent of the terms and conditions of this NLG license of Work.
8. Interpretation.
a. For the avoidance of doubt, this NLG license of Work does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Work that could lawfully be made without permission of the Licensor under this NLG license of Work.
b. To the extent possible, if any provision of this NLG license of Work 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 NLG license of Work without affecting the enforceability of the remaining terms and conditions.
c. No term or condition of this NLG license of Work will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
d. Nothing in this NLG license of Work constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or the Licensee, including from the legal processes of any jurisdiction or authority.
This Project License (hereinafter referred to as NLG project license) provides a set of terms and conditions, that the Licensor, as the creator of the Work and/or the other holders of intellectual property rights accept, in order for the Licensor's Work to be made available through the Digital Collections Platform of the NLG. The NLG project license is available for use by any Licensor who wishes to allow for the public use of the copyrighted and Licensed Material. The NLG project license cannot be revoked. The NLG project license is granted after the Licensor has read and understood the terms and conditions of this license, and has, additionally, identified any element contained in his or her Work that is not subject to this license agreement.
By making use of the NLG project license, the Licensor grants the public, who is the Licensee, permission to use the Licensed Material under specified terms and conditions If the Licensor's permission is not necessary for any reason--for example, because of any applicable exception or limitation to copyright--then that use is not regulated by the terms of the NLG project license. The NLG project license grant only permissions under copyright and certain other rights that a Licensor has authority to grant.
1. Definitions.
Adapted Material means Work subject to Copyright and Similar 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 Copyright and Similar Rights held by the Licensor.
Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, producers of audiovisual works (producers of sound and visual media), broadcasters, publishers of printed matter, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized.
Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements of the Intellectual Property Agreement of December 20, 1996, and in accordance with Article 66A of Law 2121/1993.
Exceptions and Limitations means the fair/equitable use for private reproduction (Article 18 of Law 2121/1993), and/or any other exception or limitation to Copyright and Similar Rights, applicable to the Licensee's use of the Licensed Material (Article 19-28B of Law 2121/1993), which is not contrary to the general clause on restrictions—the three-stage test (Article 281 of Law 2121/1993).
Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied to the NLG project license.
Licensed Rights means the rights granted to the Licensee, subject to the terms and conditions of the NLG project license, which are limited to all Copyright and Similar Rights that apply to the Licensee’s use of the Licensed Material and that the Licensor has authority to license.
The Licensor means the natural or legal individual(s) or entity(ies) granting rights under the NLG project license.
No Commercial Use means use that is not intended, directly or indirectly, for the commercial consideration or economic benefit of the Licensee. For the purposes of the NLG project license, the exchange of the Licensed Material with other works, subject to Copyright and Similar Rights, through on-line distribution/file sharing (online file-sharing), or the like, is considered as a commercial use, even if no payment or financial consideration is received in relation to the method of on-line distribution/sharing of files. It is therefore prohibited to distribute the Work by any method of online distribution/sharing of third-party files in relation to the NLG.
Distribution means the publication of the Work to the public, in any way or method requires prior authorization by the Licensor, in order to exercise the powers of copyright over their intellectual property. Consequently, with the NLG project license, the distribution of the Work to the public by the Licensee is prohibited.
Audience means a number of people who are not characterized to each other by particular familial or personal relationships.
Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
Licensee means the individual or entity exercising the Licensed Rights under the NLG project license.
2. Scope.
a. License grant.
1. Subject to the terms and conditions of this NLG project license, the Licensor hereby grants Licensee a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
reproduce, publicly or privately, the Licensed Material, in whole or in part, solely for non-commercial use, &
2. Exceptions and Limitations: For the avoidance of doubt, where Exceptions and Limitations apply to the Licensee’s use, this NLG project license does not apply, and the Licensee does not need to comply with its terms and conditions.
3. Term: The term of NLG project license is specified in Section 6 (a) thereof.
4. Media and formats; technical modifications allowed: the Licensor authorizes the Licensee to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid the Licensee from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this NLG project license, simply making modifications authorized by this Section 2(a) (4) never produces Adapted Material.
5. Downstream recipients.
Α. Offer from the Licensor -- Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of the NLG project license.
Β. No downstream restrictions: the Licensee 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.
6. No endorsement: Nothing in this NLG project license constitutes or may be construed as permission to assert or imply that the Licensee is, or that Licensee’s use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i) of this NLG project license, through sponsorship, consensus or official recognition.
b. Other rights.
1. Moral rights, such as the right of integrity, are not licensed under of the NLG project license, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow the Licensee to exercise the Licensed Rights, but not otherwise.
2. Patent and trademark rights are not licensed under this NLG project license.
3. To the extent possible, the Licensor waives any right to collect royalties from the Licensee and the NLG 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, the Licensor expressly reserves any right to collect such royalties, for any use of his/her work other than non-commercial uses, as well as reserves his/her legal rights to claim compensation for any use of the licensed project that is not in accordance with the content of the NLG project license.
3. License Conditions.
The offer from the Licensor to exercise some of his/her Licensed Rights to the Licensee is expressly made subject to the following conditions:
a. Attribution
Every time Licensed Material is reproduced, the Licensee must:
Α. To retain the following if it is supplied by the Licensor 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 Licensor, including by pseudonym if designated;
Reference to a copyright notice;
A notice that refers to this NLG project license to Copyright and Similar Rights, which makes this Licensed Material available for use;
A notice that refers to the disclaimer of warranties of the NLG;
A notice of the Uniform Resource Identifier (URI) or hyperlink to the Licensed Material to the extent reasonably practicable.
The Licensee must satisfy the conditions of attribution according to Section 3(a)(1) of this license agreement, in any reasonable manner based on the medium, means, and context in consideration of how the Licensed Material was reproduced.
If requested by the Licensor, the Licensee must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
4. Sui Generis Database Rights.
Where the Licensed Rights include Sui Generis Database Rights that apply to the Licensee’s use of the Licensed Material:
a. if all or a substantial portion of the database contents are included in a database in which the Licensee has Sui Generis Database Rights, then the database in which the Licensee have Sui Generis Database Rights (but not its individual contents) is Adapted Material for the purpose and meaning of Section 3(b); and
c. For the avoidance of doubt, Section 4 of this NLG project license supplements and does not replace the Licensee’s obligations under this NLG project license where the Licensed Rights include other Copyright and Similar Rights of the Licensor.
5. Disclaimer of Warranties and Limitation of Liability.
a. Unless otherwise separately undertaken by the Licensor, in a different text or in his/her work, and to the extent possible, the Licensor 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 the Licensee.
b. To the extent possible, in no event will the Licensor be liable to the Licensee 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 NLG project license or use of the Licensed Material, even if the Licensor 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 the Licensee.
c. 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.
6. Term and Termination.
a. This NLG project license applies for the term of the Copyright and Similar Rights licensed here. However, in the event of non-compliance with the terms of this NLG project license, then the Licensee’s rights under this NLG project license terminate automatically.
b. For the avoidance of doubt, this Section 6(b) of this NLG project license does not affect any right the Licensor may have to seek remedies for the Licensee violations of this NLG project license.
c. For the avoidance of doubt, the Licensor 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 NLG project license.
d. Sections 1, 5, 6, 7, and 8 survive termination of this NLG project license.
7. Other Terms and Conditions.
a. The Licensor shall not be bound by any additional or different terms or conditions communicated by the Licensee regarding the use of his/her Licensed Material unless expressly agreed.
b. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein this NLG project license, are separate from and independent of the terms and conditions of this NLG project license.
8. Interpretation.
a. For the avoidance of doubt, this NLG project 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 of the Licensor under this NLG project license.
b. To the extent possible, if any provision of this NLG project 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 NLG project license without affecting the enforceability of the remaining terms and conditions.
c. No term or condition of this NLG project license will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
δ. Nothing in this NLG project license constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or the Licensee, including from the legal processes of any jurisdiction or authority.
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