Open Data License

TQMcube.com provides various forms of information (“The Project”) in several formats available through a number of distribution methods including – but not limited to – material, inclusive of text and graphics, that can be viewed on, or downloaded from, the TQMcube.com website; data that is distributed to third party “mirrors” that can be queried through a DNS client and data that is available through remote synchronization. Some of this information is commonly known as a DNS Block List or “DNSBL.”

David Cary Hart (“Hart”) is the Licensor, owns the copyright to the aforementioned Project and makes it available to you for use under the following license agreement terms and conditions (“Open Data License”). This Open Data License only pertains to Project materials that originate from the Licensor or TQMcube.com and excludes similar works and distributions by others including other DNSBLs. This license does NOT apply to any material on the TQMcube website that is the work of others or is in the public domain.

1. Basic License: The Licensor grants you a non-exclusive, royalty-free license to use, reproduce, modify and create derivative works from, and distribute and publish this Project and your derivative works thereof, subject to all of the terms and conditions of this Open Data 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 The Licensor and TQMcube.com than Section 4 below.
   
2. Attribution Requirements: As a material condition of this Open Data License, you must provide the below applicable attribution statements on (1) all copies of this information, 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 Project, in whole or in part, or any derivative work thereof:
1. If the Project, 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 then you must provide reasonably conspicuous attribution to TQMcube.com with a link to http://tqmcube.com.
   
2. If the Project 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 reasonably conspicuous attribution. c.If you are using or distributing the Project, in whole or in part, in modified form (such as additions, deletions or format changes), you must include a statement indicating you have made modifications to it. Disclosure of the specific modifications is NOT required. Such statement should be included with the attribution required by Sections 2(a) and 2(b) above.
   
3. No Warranty/Use At Your Risk: THE TQMCUBE PROJECT DATA, INFORMATION AND MATERIALS ARE MADE AVAILABLE UNDER THIS OPEN DATA LICENSE AT NO CHARGE. ACCORDINGLY, IT IS 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 Project and any derivative works thereof by you and any of your sublicensees (collectively, “your Project use”). The entire risk associated with this use is borne by you. You agree to indemnify and hold The Licensor and tqmcube.com harmless from any claims arising from or relating to your use.
   
4. Limitation of Liability: in no event shall The Licensor or TQMcube.com 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 to, or arising from, the Project, your use of the Project or use or this Open Data License agreement.
   
5. Acceptance and Termination: Any use of the Project as covered by this Open Data License shall constitute acceptance of the terms and provisions provided herein. This license may be terminated, at any time, should you violate any of its terms and conditions. Failure to terminate shall not constitute a waiver of the terms and conditions.
   
6. Exclusions: Nothing in this license agreement shall be deemed to limit or revoke any copyright, trademark or intellectual property rights of the Licensor. The Licensor retains all rights to transfer, assign, sell or hypothecate any portion or the entirety of the Project. All, or portions of, the Project may be modified or eliminated, at any time, without prior notice.
   
7. Severability: Should any portion of this license be held invalid or unenforceable, it shall not operate to invalidate or affect the enforceability of any other portion of this license.
   
8. Jurisdiction: This Open Data License will be governed by the laws of the State of New York.