Page:Government Open Data License (India).pdf/6

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6
[Part I—Sec. 1]
THE GAZETTE OF INDIA : EXTRAORDINARY


b. Data that the data provider(s) is not authorized to license, that is data that is non-shareable and/or sensitive;[1]

c. Names, crests, logos and other official symbols of the data provider(s);

d. Data subject to other intellectual property rights, including patents, trade-marks and official marks;

e. Military insignia;

f. Identity documents; and

g. Any data that should not have been publicly disclosed for the grounds provided under Section 8 of the Right to Information Act, 2005.[2]

7. Termination

a. Failure to comply with stipulated terms and conditions will cause the user’s rights under this license to end automatically.

b. Where the user’s rights to use data have terminated under the aforementioned clauses or any other Indian law, these rights will be reinstated:

i. automatically, as of the date the violation is cured, provided it is cured within 30 days of the discovery of the violation; or

ii. upon express reinstatement by the data provider(s).

c. Upon determination by the data provider(s) that a specific data set has been published that includes one or multiple kinds of data listed in section 6 of this document, the data provider(s) may terminate the applicability of the license for that data, and this termination will have the effect of revocation of all rights provided under Section 3 of this license, including but not limited to immediate retraction of the data set concerned from public access.

d. For avoidance of doubt, this section does not affect any rights the data provider(s) may have to seek remedies for violation of this license.

8. Dispute Redressal Mechanism

Any difference of opinion and/or dispute arising out of this license may be referred to the arbitrator appointed by the union law secretary.

9. Governing Law

This license is governed by Indian law.

R.K. SUDHANSHU, Jt. Secy. and Group Coordinator (e-Governance)



  1. See Sections 2.10 and 2.11 of NDSAP, 2012.
  2. See: http://rti.gov.in/webactrti.htm.

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

HARINDRA KUMAR

Digitally signed by HARINDRA KUMAR Date: 2017.02.15 16:21:10 +05'30'