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b. if You include all or a substantial portion of the database |
contents in a database in which You have Sui Generis Database |
Rights, then the database in which You have Sui Generis Database |
Rights (but not its individual contents) is Adapted Material, |
including for purposes of Section 3(b); and |
c. You must comply with the conditions in Section 3(a) if You Share |
all or a substantial portion of the contents of the database. |
For the avoidance of doubt, this Section 4 supplements and does not |
replace Your obligations under this Public License where the Licensed |
Rights include other Copyright and Similar Rights. |
Section 5 -- Disclaimer of Warranties and Limitation of Liability. |
a. UNLESS OTHERWISE SEPARATELY UNDERTAKEN BY THE LICENSOR, TO THE |
EXTENT POSSIBLE, THE LICENSOR OFFERS THE LICENSED MATERIAL AS-IS |
AND AS-AVAILABLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF |
ANY KIND CONCERNING THE LICENSED MATERIAL, WHETHER EXPRESS, |
IMPLIED, STATUTORY, OR OTHER. THIS INCLUDES, WITHOUT LIMITATION, |
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR |
PURPOSE, NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS, |
ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT |
KNOWN OR DISCOVERABLE. WHERE DISCLAIMERS OF WARRANTIES ARE NOT |
ALLOWED IN FULL OR IN PART, THIS DISCLAIMER MAY NOT APPLY TO YOU. |
b. TO THE EXTENT POSSIBLE, IN NO EVENT WILL THE LICENSOR BE LIABLE |
TO YOU ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, |
NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT, |
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER LOSSES, |
COSTS, EXPENSES, OR DAMAGES ARISING OUT OF THIS PUBLIC LICENSE OR |
USE OF THE LICENSED MATERIAL, EVEN IF THE LICENSOR HAS BEEN |
ADVISED OF THE POSSIBILITY OF SUCH LOSSES, COSTS, EXPENSES, OR |
DAMAGES. WHERE A LIMITATION OF LIABILITY IS NOT ALLOWED IN FULL OR |
IN PART, THIS LIMITATION MAY NOT APPLY TO YOU. |
c. The disclaimer of warranties and limitation of liability provided |
above shall be interpreted in a manner that, to the extent |
possible, most closely approximates an absolute disclaimer and |
waiver of all liability. |
Section 6 -- Term and Termination. |
a. This Public License applies for the term of the Copyright and |
Similar Rights licensed here. However, if You fail to comply with |
this Public License, then Your rights under this Public License |
terminate automatically. |
b. Where Your right to use the Licensed Material has terminated under |
Section 6(a), it reinstates: |
1. automatically as of the date the violation is cured, provided |
it is cured within 30 days of Your discovery of the |
violation; or |
2. upon express reinstatement by the Licensor. |
For the avoidance of doubt, this Section 6(b) does not affect any |
right the Licensor may have to seek remedies for Your violations |
of this Public License. |
c. For the avoidance of doubt, the Licensor may also offer the |
Licensed Material under separate terms or conditions or stop |
distributing the Licensed Material at any time; however, doing so |
will not terminate this Public License. |
d. Sections 1, 5, 6, 7, and 8 survive termination of this Public |
License. |
Section 7 -- Other Terms and Conditions. |
a. The Licensor shall not be bound by any additional or different |
terms or conditions communicated by You unless expressly agreed. |
b. Any arrangements, understandings, or agreements regarding the |
Licensed Material not stated herein are separate from and |
independent of the terms and conditions of this Public License. |
Section 8 -- Interpretation. |
a. For the avoidance of doubt, this Public License does not, and |
shall not be interpreted to, reduce, limit, restrict, or impose |
conditions on any use of the Licensed Material that could lawfully |
be made without permission under this Public License. |
b. To the extent possible, if any provision of this Public License is |
deemed unenforceable, it shall be automatically reformed to the |
minimum extent necessary to make it enforceable. If the provision |
cannot be reformed, it shall be severed from this Public License |
without affecting the enforceability of the remaining terms and |
conditions. |
c. No term or condition of this Public License will be waived and no |
failure to comply consented to unless expressly agreed to by the |
Licensor. |
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