Universal Data License Version 0.1
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
- Address means the Network address.
- Applicable Law means all laws, rules, treaties, regulations and administrative orders applicable to the Licensor, the Licensee, this License and the exercise of the Licensed Rights (as defined below), in 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.
- 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, in a way that requires permission by the Licensor under Applicable Law.
- 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 and distribution in tangible or intangible form, is not permitted under this License.
Section 3 - License Parameters
The following table determines the scope of the Licensed Rights and conditions applying to the grant of the Licensed Rights ("License Parameters").
Derivation
If no “Derivation” tag is provided, derivations are not allowed.
- Allowed-With-Credit, if provided as the value of the “Derivation” tag, derivations are only allowed with Credit according to Section 7 - Credit.
- Allowed-With-Indication, if provided as the value of the “Derivation” tag, are only allowed with Indication according to Section 8 - Indication.
- Allowed-With-License-Passthrough, if provided as the value of the “Derivation” tag, derivations are only allowed with Passing On License according to Section 9 - License Passthrough
- 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 13 - Revenue Share
- [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.
Unknown Rights
If no “Unknown-Usage-Rights” tag is present, unknown usage rights are included where available according to Section 10 - Unknown Rights Of Use.
- Excluded, if provided as the value of the “Unknown-Usage-Rights” tag, unknown usage rights are excluded where available according to Section 10 - Unknown Rights Of Us.
Commercial Use
If no “Commercial-Use” tag is present, commercial use is not allowed according to Section 6 - Commercial Use.
- Allowed, if provided as the value of the “Commercial-Use” tag, commercial use is allowed according to Section 6 - Commercial Use.
- Allowed-With-Credit, if provided as the value of the “Commercial-Use” tag, commercial use is allowed with Credit according to Section 7 - Credit.
- [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 Section 6 - Commercial Use. This parameter is applicable [Before/After] a Time Limit of [0-9+] years according to Section 16 - Time Limits.
License Term
If no “Expiry” tag is present, the term of the license is unlimited.
- [0-9+], if provided as the value of the “Expiry” tag, the License Term expires after [0-9+] years according to Section 15(b) .
License Fee
If no “License-Fee” tag is present, the license is free of charge.
- Monthly-[.0-9+], The License is subject to payment of a Recurring Fee of [.0-9+] [Currency] per month according to Section 11 - License Fees
- One-Time-[.0-9+], The License is subject to payment of a One-Time License Fee of [.0-9+] [Currency] according to Section 11 - License Fees
Currency
If no ”Currency” tag is present, the currency for payment is $U tokens on the Arweave network.
- [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].
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 Addresses defined within the smart contract, otherwise the Payment Address is the Address which posted the media to the Network.
- [Address], if provided as the value of the “Payment-Address” tag, this is the address to receive payment denominated in [Currency].
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.
- 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.
- 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
- Unless otherwise indicated in Section 3 - License Parameters , the right to create and use Derivations is not part of the Licensed Rights and shall not be permitted under this License other than for solely non-commercial purposes.
Section 6 - Commercial Use
Section 7 - 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 8 - 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 9 - 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 Of License").
- The Licensor shall not offer or include any additional or different terms and conditions in such a Passing On Of License that restrict or otherwise affect the exercise of the rights granted under the Passing On Of License.
Section 10 - 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 11 - License Fees
- Unless otherwise indicated in the Section 3 - License Parameters, the grant of the Licensed Rights shall be free of charge.
- If the License is subject to payment on a monthly basis ("Recurring License Fee") or a one-time payment ("One-Time License Fee", together with Recurring License Fee referred to as "License Fee") according to the Section 3 - License Parameters, the following applies: One-Time License Fee shall be due upon the first exercise of the Licensed Rights. A Recurring License Fee shall be due upon the first exercise of the 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.
- If a License Fee is not paid in accordance with Section 11 (b) 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 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 License Fee or any full or partial refund in case of a One-Time License Fee.
Section 13 - Revenue Share
- If the use of Derivations is 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 ("Revenue Share"). Revenue Shares shall be due by the first day of each month starting with the first use of such Derivations.
- Upon request of the Licensor, the Licensee shall provide documentation on the use of the Derivation by third parties. The Licensor reserves the right to monitor and/or verify the use of the Derivation by the Licensee and/or third parties, in particular through technical measures.
- If a Revenue Share is not fully paid in accordance with Section 13 (a) and Section 14 - Payment Methods despite being due and payable, the Licensor may terminate the License (Section 15 (f)) and/or take technical and legal steps to prevent the Licensee and/or third parties from accessing or using the Derivation.
Section 14 - Payment Methods
- If the License is subject to a License Fee or the use of Derivation to a Revenue Share according to the Section 3 - License Parameters, all payments of License Fees and Revenue Shares 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 License Fee and Revenue Share; 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 License 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 License is subject to a Recurring License Fee according to the Section 3 - License Parameters, the Licensee or the Licensor may terminate the License 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 License is subject to a One-Time License Fee according to the Section 3 - License Parameters, a termination of the License 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 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 (6)(a) (Licensee's non-compliance);
- a breach of Section 17 - Prohibited Use, Misuse;
- a breach of Section (11)(d) (No payment of License Fees);
- a breach of Section (13)(c) (No payment of Revenue Share);
- 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 Licenced 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 Licensor 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 5, 7, 8, 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.