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