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193 lines
13 KiB
Plaintext
License
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE
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("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF
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THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS
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OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS
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YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
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1. Definitions
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a. "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in
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which the Work in its entirety in unmodified form, along with one or more other contributions,
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constituting separate and independent works in themselves, are assembled into a collective
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whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as
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defined below) for the purposes of this License.
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b. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing
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works, such as a translation, musical arrangement, dramatization, fictionalization, motion
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picture version, sound recording, art reproduction, abridgment, condensation, or any other form
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in which the Work may be recast, transformed, or adapted, except that a work that constitutes a
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Collective Work will not be considered a Derivative Work for the purpose of this License. For
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the avoidance of doubt, where the Work is a musical composition or sound recording, the
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synchronization of the Work in timed-relation with a moving image ("synching") will be
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considered a Derivative Work for the purpose of this License.
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c. "Licensor" means the individual, individuals, entity or entities that offers the Work under
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the terms of this License.
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d. "Original Author" means the individual, individuals, entity or entities who created the
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Work.
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e. "Work" means the copyrightable work of authorship offered under the terms of this License.
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f. "You" means an individual or entity exercising rights under this License who has not
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previously violated the terms of this License with respect to the Work, or who has received
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express permission from the Licensor to exercise rights under this License despite a previous
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violation.
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2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights
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arising from fair use, first sale or other limitations on the exclusive rights of the copyright
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owner under copyright law or other applicable laws.
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3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a
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worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright)
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license to exercise the rights in the Work as stated below:
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a. to reproduce the Work, to incorporate the Work into one or more Collective Works, and to
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reproduce the Work as incorporated in the Collective Works;
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b. to create and reproduce Derivative Works provided that any such Derivative Work, including
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any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise
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identify that changes were made to the original Work. For example, a translation could be
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marked "The original work was translated from English to Spanish," or a modification could
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indicate "The original work has been modified.";;
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c. to distribute copies or phonorecords of, display publicly, perform publicly, and perform
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publicly by means of a digital audio transmission the Work including as incorporated in
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Collective Works;
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d. to distribute copies or phonorecords of, display publicly, perform publicly, and perform
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publicly by means of a digital audio transmission Derivative Works.
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e. For the avoidance of doubt, where the Work is a musical composition:
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i. Performance Royalties Under Blanket Licenses. Licensor waives the exclusive right to
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collect, whether individually or, in the event that Licensor is a member of a performance
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rights society (e.g. ASCAP, BMI, SESAC), via that society, royalties for the public
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performance or public digital performance (e.g. webcast) of the Work.
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ii. Mechanical Rights and Statutory Royalties. Licensor waives the exclusive right to
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collect, whether individually or via a music rights agency or designated agent (e.g. Harry
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Fox Agency), royalties for any phonorecord You create from the Work ("cover version") and
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distribute, subject to the compulsory license created by 17 USC Section 115 of the US
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Copyright Act (or the equivalent in other jurisdictions).
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f. Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a
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sound recording, Licensor waives the exclusive right to collect, whether individually or via a
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performance-rights society (e.g. SoundExchange), royalties for the public digital performance
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(e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of
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the US Copyright Act (or the equivalent in other jurisdictions).
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The above rights may be exercised in all media and formats whether now known or hereafter devised.
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The above rights include the right to make such modifications as are technically necessary to
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exercise the rights in other media and formats. All rights not expressly granted by Licensor are
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hereby reserved.
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4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by
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the following restrictions:
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a. You may distribute, publicly display, publicly perform, or publicly digitally perform the
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Work only under the terms of this License, and You must include a copy of, or the Uniform
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Resource Identifier for, this License with every copy or phonorecord of the Work You
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distribute, publicly display, publicly perform, or publicly digitally perform. You may not
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offer or impose any terms on the Work that restrict the terms of this License or the ability of
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a recipient of the Work to exercise the rights granted to that recipient under the terms of the
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License. You may not sublicense the Work. You must keep intact all notices that refer to this
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License and to the disclaimer of warranties. When You distribute, publicly display, publicly
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perform, or publicly digitally perform the Work, You may not impose any technological measures
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on the Work that restrict the ability of a recipient of the Work from You to exercise the
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rights granted to that recipient under the terms of the License. This Section 4(a) applies to
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the Work as incorporated in a Collective Work, but this does not require the Collective Work
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apart from the Work itself to be made subject to the terms of this License. If You create a
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Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from
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the Collective Work any credit as required by Section 4(b), as requested. If You create a
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Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from
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the Derivative Work any credit as required by Section 4(b), as requested.
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b. If You distribute, publicly display, publicly perform, or publicly digitally perform the
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Work (as defined in Section 1 above) or any Derivative Works (as defined in Section 1 above) or
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Collective Works (as defined in Section 1 above), You must, unless a request has been made
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pursuant to Section 4(a), keep intact all copyright notices for the Work and provide,
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reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or
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pseudonym, if applicable) if supplied, and/or (ii) if the Original Author and/or Licensor
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designate another party or parties (e.g. a sponsor institute, publishing entity, journal) for
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attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by
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other reasonable means, the name of such party or parties; the title of the Work if supplied;
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to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor
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specifies to be associated with the Work, unless such URI does not refer to the copyright
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notice or licensing information for the Work; and, consistent with Section 3(b) in the case of
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a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g.,
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"French translation of the Work by Original Author," or "Screenplay based on original Work by
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Original Author"). The credit required by this Section 4(b) may be implemented in any
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reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work,
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at a minimum such credit will appear, if a credit for all contributing authors of the
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Derivative Work or Collective Work appears, then as part of these credits and in a manner at
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least as prominent as the credits for the other contributing authors. For the avoidance of
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doubt, You may only use the credit required by this Section for the purpose of attribution in
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the manner set out above and, by exercising Your rights under this License, You may not
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implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the
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Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the
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Work, without the separate, express prior written permission of the Original Author, Licensor
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and/or Attribution Parties.
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5. Representations, Warranties and Disclaimer
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND
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ONLY TO THE EXTENT OF ANY RIGHTS HELD IN THE LICENSED WORK BY THE LICENSOR. THE LICENSOR MAKES NO
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REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR
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OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MARKETABILITY, MERCHANTIBILITY,
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FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS,
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ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO
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NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
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6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL
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LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE
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OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN
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ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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7. Termination
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a. This License and the rights granted hereunder will terminate automatically upon any breach
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by You of the terms of this License. Individuals or entities who have received Derivative Works
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(as defined in Section 1 above) or Collective Works (as defined in Section 1 above) from You
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under this License, however, will not have their licenses terminated provided such individuals
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or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will
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survive any termination of this License.
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b. Subject to the above terms and conditions, the license granted here is perpetual (for the
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duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves
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the right to release the Work under different license terms or to stop distributing the Work at
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any time; provided, however that any such election will not serve to withdraw this License (or
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any other license that has been, or is required to be, granted under the terms of this
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License), and this License will continue in full force and effect unless terminated as stated
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above.
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8. Miscellaneous
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a. Each time You distribute or publicly digitally perform the Work (as defined in Section 1
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above) or a Collective Work (as defined in Section 1 above), the Licensor offers to the
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recipient a license to the Work on the same terms and conditions as the license granted to You
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under this License.
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b. Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to
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the recipient a license to the original Work on the same terms and conditions as the license
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granted to You under this License.
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c. If any provision of this License is invalid or unenforceable under applicable law, it shall
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not affect the validity or enforceability of the remainder of the terms of this License, and
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without further action by the parties to this agreement, such provision shall be reformed to
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the minimum extent necessary to make such provision valid and enforceable.
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d. No term or provision of this License shall be deemed waived and no breach consented to
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unless such waiver or consent shall be in writing and signed by the party to be charged with
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such waiver or consent.
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e. This License constitutes the entire agreement between the parties with respect to the Work
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licensed here. There are no understandings, agreements or representations with respect to the
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Work not specified here. Licensor shall not be bound by any additional provisions that may
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appear in any communication from You. This License may not be modified without the mutual
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written agreement of the Licensor and You.
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