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Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International Public License |
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By exercising the Licensed Rights (defined below), You accept and agree to be |
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bound by the terms and conditions of this Creative Commons |
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Attribution-NonCommercial-NoDerivatives 4.0 International Public License |
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("Public License"). To the extent this Public License may be interpreted as a |
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contract, You are granted the Licensed Rights in consideration of Your |
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acceptance of these terms and conditions, and the Licensor grants You such |
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rights in consideration of benefits the Licensor receives from making the |
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Licensed Material available under these terms and conditions. |
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Section 1 – Definitions. |
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a. Adapted Material means material subject to Copyright and Similar Rights |
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that is derived from or based upon the Licensed Material and in which |
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the Licensed Material is translated, altered, arranged, transformed, or |
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otherwise modified in a manner requiring permission under the Copyright |
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and Similar Rights held by the Licensor. For purposes of this Public |
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License, where the Licensed Material is a musical work, performance, or |
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sound recording, Adapted Material is always produced where the Licensed |
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Material is synched in timed relation with a moving image. |
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b. Copyright and Similar Rights means copyright and/or similar rights |
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closely related to copyright including, without limitation, |
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performance, broadcast, sound recording, and Sui Generis Database |
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Rights, without regard to how the rights are labeled or categorized. |
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For purposes of this Public License, the rights specified in Section |
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2(b)(1)-(2) are not Copyright and Similar Rights. |
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c. Effective Technological Measures means those measures that, in the |
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absence of proper authority, may not be circumvented under laws |
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fulfilling obligations under Article 11 of the WIPO Copyright Treaty |
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adopted on December 20, 1996, and/or similar international agreements. |
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d. Exceptions and Limitations means fair use, fair dealing, and/or any |
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other exception or limitation to Copyright and Similar Rights that |
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applies to Your use of the Licensed Material. |
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e. Licensed Material means the artistic or literary work, database, or |
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other material to which the Licensor applied this Public License. |
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f. Licensed Rights means the rights granted to You subject to the terms |
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and conditions of this Public License, which are limited to all |
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Copyright and Similar Rights that apply to Your use of the Licensed |
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Material and that the Licensor has authority to license. |
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g. Licensor means the individual(s) or entity(ies) granting rights under |
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this Public License. |
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h. NonCommercial means not primarily intended for or directed towards |
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commercial advantage or monetary compensation. For purposes of this |
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Public License, the exchange of the Licensed Material for other |
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material subject to Copyright and Similar Rights by digital |
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file-sharing or similar means is NonCommercial provided there is no |
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payment of monetary compensation in connection with the exchange. |
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i. Share means to provide material to the public by any means or process |
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that requires permission under the Licensed Rights, such as |
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reproduction, public display, public performance, distribution, |
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dissemination, communication, or importation, and to make material |
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available to the public including in ways that members of the public |
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may access the material from a place and at a time individually chosen |
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by them. |
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j. Sui Generis Database Rights means rights other than copyright resulting |
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from Directive 96/9/EC of the European Parliament and of the Council of |
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11 March 1996 on the legal protection of databases, as amended and/or |
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succeeded, as well as other essentially equivalent rights anywhere in |
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the world. |
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k. You means the individual or entity exercising the Licensed Rights under |
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this Public License. Your has a corresponding meaning. |
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Section 2 – Scope. |
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a. License grant. |
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1. Subject to the terms and conditions of this Public License, the |
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Licensor hereby grants You a worldwide, royalty-free, |
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non-sublicensable, non-exclusive, irrevocable license to exercise |
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the Licensed Rights in the Licensed Material to: |
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A. reproduce and Share the Licensed Material, in whole or in part, |
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for NonCommercial purposes only; and |
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B. produce and reproduce, but not Share, Adapted Material for |
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NonCommercial purposes only. |
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2. Exceptions and Limitations. For the avoidance of doubt, where |
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Exceptions and Limitations apply to Your use, this Public License |
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does not apply, and You do not need to comply with its terms and |
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conditions. |
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3. Term. The term of this Public License is specified in Section 6(a). |
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4. Media and formats; technical modifications allowed. The Licensor |
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authorizes You to exercise the Licensed Rights in all media and |
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formats whether now known or hereafter created, and to make |
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technical modifications necessary to do so. The Licensor waives |
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and/or agrees not to assert any right or authority to forbid You |
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from making technical modifications necessary to exercise the |
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Licensed Rights, including technical modifications necessary to |
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circumvent Effective Technological Measures. For purposes of this |
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Public License, simply making modifications authorized by this |
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Section 2(a)(4) never produces Adapted Material. |
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5. Downstream recipients. |
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A. Offer from the Licensor – Licensed Material. Every recipient of |
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the Licensed Material automatically receives an offer from the |
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Licensor to exercise the Licensed Rights under the terms and |
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conditions of this Public License. |
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B. No downstream restrictions. You may not offer or impose any |
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additional or different terms or conditions on, or apply any |
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Effective Technological Measures to, the Licensed Material if |
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doing so restricts exercise of the Licensed Rights by any |
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recipient of the Licensed Material. |
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6. No endorsement. Nothing in this Public License constitutes or may |
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be construed as permission to assert or imply that You are, or that |
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Your use of the Licensed Material is, connected with, or sponsored, |
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endorsed, or granted official status by, the Licensor or others |
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designated to receive attribution as provided in Section |
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3(a)(1)(A)(i). |
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b. Other rights. |
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1. Moral rights, such as the right of integrity, are not licensed |
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under this Public License, nor are publicity, privacy, and/or other |
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similar personality rights; however, to the extent possible, the |
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Licensor waives and/or agrees not to assert any such rights held by |
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the Licensor to the limited extent necessary to allow You to |
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exercise the Licensed Rights, but not otherwise. |
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2. Patent and trademark rights are not licensed under this Public |
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License. |
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3. To the extent possible, the Licensor waives any right to collect |
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royalties from You for the exercise of the Licensed Rights, whether |
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directly or through a collecting society under any voluntary or |
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waivable statutory or compulsory licensing scheme. In all other |
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cases the Licensor expressly reserves any right to collect such |
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royalties, including when the Licensed Material is used other than |
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for NonCommercial purposes. |
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Section 3 – License Conditions. |
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Your exercise of the Licensed Rights is expressly made subject to the following conditions. |
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a. Attribution. |
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1. If You Share the Licensed Material, You must: |
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A. retain the following if it is supplied by the Licensor with the |
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Licensed Material: |
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i. identification of the creator(s) of the Licensed Material |
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and any others designated to receive attribution, in any |
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reasonable manner requested by the Licensor (including by |
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pseudonym if designated); |
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ii. a copyright notice; |
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iii. a notice that refers to this Public License; |
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iv. a notice that refers to the disclaimer of warranties; |
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v. a URI or hyperlink to the Licensed Material to the extent |
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reasonably practicable; |
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B. indicate if You modified the Licensed Material and retain an |
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indication of any previous modifications; and |
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C. indicate the Licensed Material is licensed under this Public |
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License, and include the text of, or the URI or hyperlink to, |
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this Public License. |
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For the avoidance of doubt, You do not have permission under this |
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Public License to Share Adapted Material. |
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2. You may satisfy the conditions in Section 3(a)(1) in any reasonable |
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manner based on the medium, means, and context in which You Share |
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the Licensed Material. For example, it may be reasonable to satisfy |
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the conditions by providing a URI or hyperlink to a resource that |
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includes the required information. |
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3. If requested by the Licensor, You must remove any of the |
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information required by Section 3(a)(1)(A) to the extent reasonably |
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practicable. |
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Section 4 – Sui Generis Database Rights. |
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Where the Licensed Rights include Sui Generis Database Rights that apply to |
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Your use of the Licensed Material: |
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a. for the avoidance of doubt, Section 2(a)(1) grants You the right to |
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extract, reuse, reproduce, and Share all or a substantial portion of |
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the contents of the database for NonCommercial purposes only and |
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provided You do not Share Adapted Material; |
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b. if You include all or a substantial portion of the database contents in |
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a database in which You have Sui Generis Database Rights, then the |
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database in which You have Sui Generis Database Rights (but not its |
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individual contents) is Adapted Material; and |
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c. You must comply with the conditions in Section 3(a) if You Share all or |
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a substantial portion of the contents of the database. |
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For the avoidance of doubt, this Section 4 supplements and does not replace |
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Your obligations under this Public License where the Licensed Rights include |
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other Copyright and Similar Rights. |
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Section 5 – Disclaimer of Warranties and Limitation of Liability. |
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a. Unless otherwise separately undertaken by the Licensor, to the extent |
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possible, the Licensor offers the Licensed Material as-is and |
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as-available, and makes no representations or warranties of any kind |
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concerning the Licensed Material, whether express, implied, statutory, |
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or other. This includes, without limitation, warranties of title, |
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merchantability, fitness for a particular purpose, non-infringement, |
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absence of latent or other defects, accuracy, or the presence or |
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absence of errors, whether or not known or discoverable. Where |
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disclaimers of warranties are not allowed in full or in part, this |
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disclaimer may not apply to You. |
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b. To the extent possible, in no event will the Licensor be liable to You |
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on any legal theory (including, without limitation, negligence) or |
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otherwise for any direct, special, indirect, incidental, consequential, |
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punitive, exemplary, or other losses, costs, expenses, or damages |
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arising out of this Public License or use of the Licensed Material, |
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even if the Licensor has been advised of the possibility of such |
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losses, costs, expenses, or damages. Where a limitation of liability is |
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not allowed in full or in part, this limitation may not apply to You. |
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c. The disclaimer of warranties and limitation of liability provided above |
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shall be interpreted in a manner that, to the extent possible, most |
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closely approximates an absolute disclaimer and waiver of all |
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liability. |
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Section 6 – Term and Termination. |
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a. This Public License applies for the term of the Copyright and Similar |
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Rights licensed here. However, if You fail to comply with this Public |
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License, then Your rights under this Public License terminate |
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automatically. |
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b. Where Your right to use the Licensed Material has terminated under |
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Section 6(a), it reinstates: |
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1. automatically as of the date the violation is cured, provided it is |
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cured within 30 days of Your discovery of the violation; or |
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2. upon express reinstatement by the Licensor. |
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For the avoidance of doubt, this Section 6(b) does not affect any right |
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the Licensor may have to seek remedies for Your violations of this |
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Public License. |
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c. For the avoidance of doubt, the Licensor may also offer the Licensed |
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Material under separate terms or conditions or stop distributing the |
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Licensed Material at any time; however, doing so will not terminate |
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this Public License. |
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d. Sections 1, 5, 6, 7, and 8 survive termination of this Public License. |
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Section 7 – Other Terms and Conditions. |
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a. The Licensor shall not be bound by any additional or different terms or |
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conditions communicated by You unless expressly agreed. |
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b. Any arrangements, understandings, or agreements regarding the Licensed |
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Material not stated herein are separate from and independent of the |
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terms and conditions of this Public License. |
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Section 8 – Interpretation. |
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a. For the avoidance of doubt, this Public License does not, and shall not |
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be interpreted to, reduce, limit, restrict, or impose conditions on any |
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use of the Licensed Material that could lawfully be made without |
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permission under this Public License. |
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b. To the extent possible, if any provision of this Public License is |
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deemed unenforceable, it shall be automatically reformed to the minimum |
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extent necessary to make it enforceable. If the provision cannot be |
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reformed, it shall be severed from this Public License without |
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affecting the enforceability of the remaining terms and conditions. |
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c. No term or condition of this Public License will be waived and no |
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failure to comply consented to unless expressly agreed to by the Licensor. |
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d. Nothing in this Public License constitutes or may be interpreted as a |
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limitation upon, or waiver of, any privileges and immunities that apply |
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to the Licensor or You, including from the legal processes of any |
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jurisdiction or authority. |