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Open Directory License [2009] PubRL 44 (1 January 2009)

Open Directory License

Version: No

Copyright: No

URL: http://dmoz.org/license.html

Type: Generic

Media: Generic

Country: USA

Licence text

The Open Directory is a compilation of many different editors' contributions.  Netscape Communications Corporation (`Netscape') owns the copyright to the compilation of the different contributions, and makes the Open Directory available to you to use under the following license agreement terms and conditions (`Open Directory License').  For purposes of this Open Directory License, `Open Directory' means only the Open Directory Project currently hosted at http://dmoz.org (or at another site as may be designated by Netscape in the future), and does not include any other versions of directories, even if referred to as an `Open Directory,' that may be hosted by Netscape on other web pages (e.g., Netscape Netcenter).

1. Basic License.  Netscape grants you a non-exclusive, royalty-free license to use, reproduce, modify and create derivative works from, and distribute and publish the Open Directory and your derivative works thereof, subject to all of the terms and conditions of this Open Directory License.  You may authorize others to exercise the foregoing rights; provided, however, that you must have an agreement with your sublicensees that passes on the requirements and obligations of Sections 2 and 4 below and which must include a limitation of liability provision no less protective of Netscape than Section 6 below.

Due to the nature of the content of the Open Directory, many third parties' trade names and trademarks will be identified within the content of the Open Directory (e.g., as part of URLs  and description of link).  Except for the limited license to use the Netscape attribution in Section 2 below, nothing herein shall be deemed to grant you any license to use any Netscape or third party trademark or tradename.

2. Attribution Requirement.  As a material condition of this Open Directory License, you must provide the below applicable attribution statements on (1) all copies of the Open Directory, in whole or in part, and derivative works thereof which are either distributed (internally or otherwise) or published (made available on the Internet and/or internally over any internal network/intranet or otherwise), whether distributed or published electronically, on hard copy media or by any other means, and (2) on any program/web page from which you directly link to/access any information contained within the Open Directory, in whole or in part, or any derivative work thereof:
   1. If the Open Directory in whole or in part, or any derivative work thereof, is made available via the Internet or internal network/intranet and/or information contained therein is directly accessed or linked via the Internet or internal network/intranet then you must provide the appropriate Netscape attribution statement as described in the page(s) at the URL(s): http://dmoz.org/become_an_editor.
   2. If the Open Directory in whole or in part, or any derivative work thereof, is made available on any hard copy media (e.g., CD-ROM, diskette), you must place on the packaging a notice providing Netscape attribution as described in the page(s) at the URL(s):  http://dmoz.org/become_an_editor.  If there is no `packaging', the previous attribution notice should be placed conspicuously such that it would be reasonably viewed by the recipient of the Open Directory.
   100. If you are using or distributing the Open Directory in modified form (i.e., with additions or deletions), you must include a statement indicating you have made modifications to it.  Such statement should be placed with the attribution notices required by Sections 2(a) and 2(b) above.

Netscape grants you the non-exclusive, royalty-free license to use the above identified Netscape attribution statements solely for the purpose of the above attribution requirements, and such use must be in accordance with the usage guidelines that may be published by Netscape from time to time as part of the above URLs.

3. Right To Identify Licensee.  You agree that Netscape has the right to publicly identify you as a user/licensee of the Open Directory.
4. Errors and Changes.  From time to time Netscape may elect to post on the page(s) at the URL http://dmoz.org/become_an_editor certain specific changes to the Open Directory and/or above attribution statements, which changes may be to correct errors and/or remove content alleged to be improperly in the Open Directory.  So long as you are exercising the license to Open Directory hereunder, you agree to use commercially reasonable efforts to check the page(s) at the URL http://dmoz.org/become_an_editor from time to time, and to use commercially reasonable efforts to make the changes/corrections/deletion of content from the Open Directory and/or attribution statements as may be indicated at such URL.  Any changes to the Open Directory content posted at the page(s) at the URL http://dmoz.org/become_an_editor are part of Open Directory.
5. No Warranty/Use At Your Risk. THE OPEN DIRECTORY AND ANY NETSCAPE TRADEMARKS AND LOGOS CONTAINED WITH THE REQUIRED ATTRIBUTION STATEMENTS ARE MADE AVAILABLE UNDER THIS OPEN DIRECTORY LICENSE AT NO CHARGE.  ACCORDINGLY, THE OPEN DIRECTORY AND THE NETSCAPE TRADEMARKS AND LOGOS ARE PROVIDED `AS IS,' WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT THEY ARE MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.  YOU ARE SOLELY RESPONSIBLE FOR YOUR USE, DISTRIBUTION, MODIFICATION, REPRODUCTION AND PUBLICATION OF THE OPEN DIRECTORY AND ANY DERIVATIVE WORKS THEREOF BY YOU AND ANY OF YOUR SUBLICENSEES (COLLECTIVELY, `YOUR OPEN DIRECTORY USE'). THE ENTIRE RISK AS TO YOUR OPEN DIRECTORY USE IS BORNE BY YOU. YOU AGREE TO INDEMNIFY AND HOLD NETSCAPE, ITS SUBSIDIARIES AND AFFILIATES HARMLESS FROM ANY CLAIMS ARISING FROM OR RELATING TO YOUR OPEN DIRECTORY USE.
6. Limitation of Liability. IN NO EVENT SHALL NETSCAPE, ITS SUBSIDIARIES OR AFFILIATES, OR THE OPEN DIRECTORY CONTRIBUTING EDITORS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF WHETHER ANY CLAIM IS BASED UPON ANY CONTRACT, TORT OR OTHER LEGAL OR EQUITABLE THEORY, RELATING OR ARISING FROM THE OPEN DIRECTORY, YOUR OPEN DIRECTORY USE OR THIS OPEN DIRECTORY LICENSE AGREEMENT.
7. California Law. This Open Directory License will be governed by the laws of the State of California, excluding its conflict of laws provisions.