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Inicio > Colombian Reintegration Agency (ACR) Main Portal > Open license or terms of use for open data

Open license or terms of use for open data on the history of demobilized persons and reports associated with such information fro​m the Agency for Reincorporation And Normalization, ARN

 

The ARN in compliance with its policies, information standards and regulations, which have as their fundamental calling to share information of interest about our population object of general interest as a public service, and following the initiative framed in the principles of transparency, participation and collaboration of Open Government and the Law on Transparency and Right of Access to National Public Information; complying with the provisions of Resolution 1519 of August 24/2020, published in the Official Gazette on December 13/2020, Annex 4, paragraph 4.2.3, which requests to “Approve and publish the open data license, which determines the scope, use and exploitation that individuals or interested third parties may perform on such data ". The following terms and conditions are provided to promote access, update and use of the LICENSOR's OPEN DATA. 

The above, with the aim of empowering people and granting them access to OPEN DATA generated by public or private agencies that perform public duties or provide a public service, so that they can use, share, distribute, redistribute, reuse, compile, retrieve, copy, disseminate, modify, adapt, generate value and integrate with other data sources.

1. Definitions

For the purposes of this OPEN LICENSE, the following definitions shall be observed:

  1. OPEN DATA: "All primary or raw data, in standard and inter-operable formats that facilitate access and reuse, which are under the custody of public or private agencies that perform public duties and are made available to any citizen, freely and without restrictions, so that third parties can reuse them and create services derived from them".1
  2. OPEN LICENSE: "It is one that allows free and unrestricted use, retrieval, adaptation, transformation, copying, distribution, redistribution, reuse, amendment, compilation and dissemination of published data"2.
  3. LICENSOR: A natural or legal person, public or private, that holds the quality of copyright holder and, therefore, has the power to grant a license for the use of data, information and products (goods or services).
  4. USER: Natural or legal person, public or private, to whom a license is granted for the use of data, information and products (goods or services).

 

2. Acceptance of the OPEN LICENSE conditions

For the use of the OPEN DATA, it is understood that the USER has read, understood and accepted the terms and conditions of this OPEN LICENSE, thereby binding themselves to comply with them.

3. LICENSOR's authorization

The LICENSOR as owner or custodian of the OPEN DATA authorizes the USER, free of charge, to use, without exclusivity and on a worldwide basis, exploit, distribute, redistribute, communicate, exhibit, represent, present or broadcast publicly, compile, reproduce, retrieve, extract, transform, modify or adapt, process, exchange, reuse, import, export, transfer or make available to the public the OPEN DATA, by any means known or to be known to the USER.

4. USER Duties

The USER of the OPEN DATA commits in relation to the LICENSOR as follows: 

  1. Respect its copyrights, as well as its related rights and especially provide the appropriate acknowledgement or credit of ownership to the LICENSOR, including at least the name of the owner and the date of the version of the OPEN DATA used. The foregoing is subject to the rules governing copyright.
  2. Grant the OPEN DATA under the same terms and conditions of use whereupon it was originally granted in this OPEN LICENSE. 
  3. To be liable for the incorrect, improper and illegal use of the OPEN DATA made by them or by a third party under their approval. Consequently, the LICENSOR shall not be liable for any claim, general, special, incidental or consequential damages arising from the use thereof, including loss or damage caused by the USER, directly or indirectly, from the use of the OPEN DATA, as well as from the improper use thereof or the inability to implement them in conjunction with other activities, even if the LICENSOR has been notified in advance of such damages. However, the LICENSOR may take appropriate legal action against the USER, subject to the exercise of the actions granted by law in each case. 
  4. In the event of using the OPEN DATA with other intellectual creations, the copyright of such creations, which are not regulated by this OPEN LICENSE, must be abided by. 
  5. Expressly state in the generation of works, value-added products, contents, publications or research, inter alia, the transformations, adaptations, modifications or processing carried out to the OPEN DATA. 
  6. Warn of any inaccuracies in the OPEN DATA provided or shared to the e-mail atencion@reincorporacion.gov.co, for which the LICENSOR may verify, modify and communicate any matter in this regard.

 

5. Duties, scope of responsibilities and powers of the LICENSOR

The LICENSOR guarantees that the OPEN DATA comply with its principles and minimum characteristics, as well as with the open means and formats for its availability and interoperability, as provided by the Ministry of Information Technologies and Communications of the Republic of Colombia. After the communication, transmission or sharing of the OPEN DATA, the USER shall be exclusively responsible for all risks related to the use thereof. In any case, LICENSOR is not responsible for the quality of works, value-added products, contents, publications or research subsequently generated based on the OPEN DATA provided or shared by means of this OPEN LICENSE. The LICENSOR does not provide any warranty as to the quality, performance or suitability for any particular purpose of the OPEN DATA.

The LICENSOR shall not be liable for the unavailability of the OPEN DATA online service because of force majeure or acts of God, as well as for any disruption of the OPEN DATA by the USER through such online services.

The responsibilities undertaken by the USER and the LICENSOR through this OPEN LICENSE do not hold the USER and the LICENSOR jointly and severally liable before third parties. Consequently, each party shall be liable for the obligations resulting because of this OPEN LICENSE.

The LICENSOR may terminate this OPEN LICENSE upon breach of the obligations hereunder, for which it shall notify the USER of its decision. The above, notwithstanding the other legal mechanisms granted for the indemnity of the damages caused by virtue of the infringement of any of the terms and conditions of this OPEN LICENSE.

The LICENSOR, hereafter, retains the discretionary power to waive, repeal, modify, restrict, add or renew any of the terms and conditions expressed in this OPEN LICENSE. This is without prejudice to the authorizations granted to the USER during the term of validity of the provisions of this OPEN LICENSE.

6. OPEN LICENSE Validity

The term of this OPEN LICENSE of the OPEN DATA is equal to the term of protection of copyright and related rights and begins with the consent or confirmation of the USER ("login", "I agree", "I access", "sure", "yes" or "ok", among other statements) through the corresponding digital or electronic devices.

 

7. Law applicable to this OPEN LICENSE

This license of use is governed by the Colombian law, regardless of the legal environment of the USER, any dispute that may arise in the interpretation of these terms will be resolved under the protection of the Colombian law.

8. Communications

If any concern, suggestion, request, complaint or claim arises, regarding the conditions or terms of this OPEN LICENSE, the USER may communicate and notify them by sending a data message to the following e-mail address: atencion@reincorporacion.gov.co . 

 

Date: February 2021

(1 Paragraph j) of Article 6 of Act 1712/2014, " Whereby the Law of Transparency and the Right of Access to National Public Information is created and other provisions are enacted ".  

2República de Colombia, Ministerio de Tecnologías de la Información y las Comunicaciones (MINTIC) (Republic of Colombia, Ministry of Information and Communication Technologies).  "Guía de Datos Abiertos en Colombia" (Guide to Open Data in Colombia).  [Online] Colombia: MINTIC Website, version 3, June 2016.  [29/07/2016] Available at: http://estrategia.gobiernoenlinea.gov.co/623/articles-8248_Guia_Apertura....

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