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Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material; 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 discoverable.
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.
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, 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.
c. 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.
d. 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.
e. 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 in this Public License 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.
d. Nothing in this Public License constitutes or may be interpreted as a limitation or waiver of any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.
Rights, then the database in which you hold Sui Generis Database Rights (but not its individual contents) is considered Adapted Material,
including for the 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 clarity, 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 AGREED SEPARATELY BY THE LICENSOR, TO THE EXTENT POSSIBLE, THE LICENSOR PROVIDES THE LICENSED MATERIAL "AS IS" AND "AS AVAILABLE," AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE LICENSED MATERIAL, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THIS INCLUDES, BUT IS NOT LIMITED TO, 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 FULLY OR PARTIALLY PERMITTED, THIS DISCLAIMER MAY NOT APPLY TO YOU.
b. TO THE EXTENT POSSIBLE, UNDER NO CIRCUMSTANCES WILL THE LICENSOR BE LIABLE TO YOU UNDER ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER LOSSES, COSTS, EXPENSES, OR DAMAGES ARISING FROM 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 LIMITATIONS OF LIABILITY ARE NOT FULLY OR PARTIALLY PERMITTED, THIS LIMITATION MAY NOT APPLY TO YOU.
c. The disclaimer of warranties and limitation of liability outlined above shall be interpreted in a way that, to the extent possible, most closely resembles an absolute disclaimer and waiver of all liability.
Section 6 -- Term and Termination
a. This Public License remains in effect for the duration of the Copyright and Similar Rights licensed here. However, if you fail to comply with this Public License, your rights under this Public License terminate automatically.
b. If your right to use the Licensed Material is terminated under Section 6(a), it may be reinstated:
- Automatically as of the date the violation is remedied, provided it is remedied within 30 days of your discovery of the violation; or
- Upon explicit reinstatement by the Licensor.
For clarity, this Section 6(b) does not affect any rights the Licensor may have to seek remedies for your violations of this Public License.
c. For clarity, the Licensor may also offer the Licensed Material under separate terms or conditions or cease distributing the Licensed Material at any time; however, doing so does not terminate this Public License.
d. Sections 1, 5, 6, 7, and 8 remain in effect even after termination of this Public License.
Section 7 -- Other Terms and Conditions
a. The Licensor is not bound by any additional or different terms or conditions communicated by you unless explicitly agreed upon.
b. Any arrangements, understandings, or agreements regarding the Licensed Material that are not stated here are separate from and independent of the terms and conditions of this Public License.
Section 8 -- Interpretation
a. For clarity, this Public License does not, and should 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 adjusted to the minimum extent necessary to make it enforceable. If the provision cannot be adjusted, it shall be removed 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 will be consented to unless explicitly agreed upon by the Licensor.
d. Nothing in this Public License constitutes or may be interpreted as a limitation on, or waiver of, any privileges and immunities that apply to the Licensor or you, including those arising from the legal processes of any jurisdiction or authority.
Creative Commons is not a party to its public licenses. However, Creative Commons may choose to apply one of its public licenses to material it publishes, and in such cases, it will be considered the “Licensor.” The text of the Creative Commons public licenses is dedicated to the public domain under the CC0 Public Domain Dedication. Except for the limited purpose of indicating that material is shared under a Creative Commons public license or as otherwise permitted by the Creative Commons policies published at creativecommons.org/policies, Creative Commons does not authorize the use of the trademark "Creative Commons" or any other trademark or logo of Creative Commons without prior written consent, including, but not limited to, in connection with any unauthorized modifications to any of its public licenses or any other arrangements, understandings, or agreements concerning the use of licensed material. For clarity, this paragraph is not part of the public licenses.
Creative Commons can be contacted at creativecommons.org.
Disclaimer:
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