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This is the Community Data License Agreement – Sharing, Version 1.0 |
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("Agreement"). Data is provided to You under this Agreement by each of the Data |
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Providers. Your exercise of any of the rights and permissions granted below |
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constitutes Your acceptance and agreement to be bound by the terms and |
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conditions of this Agreement. |
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The benefits that each Data Provider receives from making Data available and |
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that You receive from Data or otherwise under these terms and conditions shall |
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be deemed sufficient consideration for the formation of this Agreement. |
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Accordingly, Data Provider(s) and You (the "Parties") agree as follows: |
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1.1 "Add" means to supplement Data with Your own or someone else's Data, |
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resulting in Your "Additions." Additions do not include Results. |
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1.2 "Computational Use" means Your analysis (through the use of computational |
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devices or otherwise) or other interpretation of Data. By way of example and |
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not limitation, "Computational Use" includes the application of any |
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computational analytical technique, the purpose of which is the analysis of |
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any Data in digital form to generate information about Data such as patterns, |
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trends, correlations, inferences, insights and attributes. |
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1.3 "Data" means the information (including copyrightable information, such as |
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images or text), collectively or individually, whether created or gathered by |
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a Data Provider or an Entity acting on its behalf, to which rights are granted |
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under this Agreement. |
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1.4 "Data Provider" means any Entity (including any employee or contractor of |
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such Entity authorized to Publish Data on behalf of such Entity) that |
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Publishes Data under this Agreement prior to Your Receiving it. |
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1.5 "Enhanced Data" means the subset of Data that You Publish and that is |
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composed of (a) Your Additions and/or (b) Modifications to Data You have |
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received under this Agreement. |
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1.6 "Entity" means any natural person or organization that exists under the laws |
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of the jurisdiction in which it is organized, together with all other entities |
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that control, are controlled by, or are under common control with that entity. |
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For the purposes of this definition, "control" means (a) the power, directly |
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or indirectly, to cause the direction or management of such entity, whether by |
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contract or otherwise, (b) the ownership of more than fifty percent (50%) of |
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the outstanding shares or securities, (c) the beneficial ownership of such |
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entity or, (d) the ability to appoint, whether by agreement or right, the |
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majority of directors of an Entity. |
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1.7 "Ledger" means a digital record of Data or grants of rights in Data governed |
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by this Agreement, using any technology having functionality to record and |
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store Data or grants, contributions, or licenses to Data governed by this |
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Agreement. |
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1.8 "Modify" means to delete, erase, correct or re-arrange Data, resulting in |
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"Modifications." Modifications do not include Results. |
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1.9 "Publish" means to make all or a subset of Data (including Your Enhanced |
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Data) available in any manner which enables its Use, including by providing a |
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copy on physical media or remote access. For any form of Entity, that is to |
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make the Data available to any individual who is not employed by that Entity |
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or engaged as a contractor or agent to perform work on that Entity's behalf. |
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A "Publication" occurs each time You Publish Data. |
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1.10 "Receive" or "Receives" means to have been given access to Data, locally or |
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remotely. |
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1.11 "Results" means the outcomes or outputs that You obtain from Your |
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Computational Use of Data. Results shall not include more than a _de minimis_ |
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portion of the Data on which the Computational Use is based. |
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1.12 "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 equivalent rights anywhere in the world. |
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1.13 "Use" means using Data (including accessing, copying, studying, reviewing, |
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adapting, analyzing, evaluating, or making Computational Use of it), either by |
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machines or humans, or a combination of both. |
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1.14 "You" or "Your" means any Entity that Receives Data under this Agreement. |
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2.1 Subject to the conditions set forth in Section 3 of this Agreement, Data |
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Provider(s) hereby grant(s) to You a worldwide, non-exclusive, irrevocable |
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(except as provided in Section 5) right to: (a) Use Data; and (b) Publish |
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Data. |
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2.2 To the extent that the Data or the coordination, selection or arrangement of |
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Data is protected or protectable under copyright, Sui Generis Database Rights, |
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or other law, Data Provider(s) further agree(s) that such Data or |
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coordination, selection or arrangement is hereby licensed to You and to anyone |
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else who Receives Data under this Agreement for Use and Publication, subject |
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to the conditions set forth in Section 3 of this Agreement. |
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2.3 Except for these rights and licenses expressly granted, no other |
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intellectual property rights are granted or should be implied. |
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3.1 If You Publish Data You Receive or Enhanced Data: |
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(a) The Data (including the Enhanced Data) must be Published under this |
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Agreement in accordance with this Section 3; and |
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(b) You must cause any Data files containing Enhanced Data to carry prominent |
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notices that You have changed those files; and |
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(c) If You Publish Data You Receive, You must preserve all credit or |
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attribution to the Data Provider(s). Such retained credit or attribution |
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includes any of the following to the extent they exist in Data as You have |
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Received it: legal notices or metadata; identification of the Data |
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Provider(s); or hyperlinks to Data to the extent it is practical to do so. |
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3.2 You may not restrict or deter the ability of anyone who Receives the Data |
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(a) to Publish the Data in a publicly-accessible manner or (b) if the project |
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has designated a Ledger for recording Data or grants of rights in Data for |
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purposes of this Agreement, to record the Data or grants of rights in Data in |
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the Ledger. |
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3.3 If You Publish Data You Receive, You must do so under an unmodified form of |
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this Agreement and include the text of this Agreement, the name of this |
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Agreement and/or a hyperlink or other method reasonably likely to provide a |
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copy of the text of this Agreement. You may not modify this Agreement or |
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impose any further restrictions on the exercise of the rights granted under |
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this Agreement, including by adding any restriction on commercial or |
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non-commercial Use of Data (including Your Enhanced Data) or by limiting |
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permitted Use of such Data to any particular platform, technology or field of |
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endeavor. Notices that purport to modify this Agreement shall be of no |
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effect. |
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3.4 You and each Data Provider agree that Enhanced Data shall not be considered |
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a work of joint authorship by virtue of its relationship to Data licensed |
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under this Agreement and shall not require either any obligation of accounting |
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to or the consent of any Data Provider. |
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3.5 This Agreement imposes no obligations or restrictions on Your Use or |
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Publication of Results. |
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4.1 Each Data Provider represents that the Data Provider has exercised |
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reasonable care, to assure that: (a) the Data it Publishes was created or |
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generated by it or was obtained from others with the right to Publish the Data |
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under this Agreement; and (b) Publication of such Data does not violate any |
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privacy or confidentiality obligation undertaken by the Data Provider. |
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5.1 All of Your rights under this Agreement will terminate, and Your right to |
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Receive, Use or Publish the Data will be revoked or modified if You materially |
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fail to comply with the terms and conditions of this Agreement and You do not |
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cure such failure in a reasonable period of time after becoming aware of such |
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noncompliance. If Your rights under this Agreement terminate, You agree to |
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cease Receipt, Use and Publication of Data. However, Your obligations and any |
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rights and permissions granted by You under this Agreement relating to Data |
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that You Published prior to such termination will continue and survive. |
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5.2 If You institute litigation against a Data Provider or anyone else who |
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Receives the Data (including a cross-claim in a lawsuit) based on the Data, |
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other than a claim asserting breach of this Agreement, then any rights |
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previously granted to You to Receive, Use and Publish Data under this |
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Agreement will terminate as of the date such litigation is filed. |
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6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE DATA (INCLUDING |
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ENHANCED DATA) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR |
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CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT |
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LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, |
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MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. |
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6.2 NEITHER YOU NOR ANY DATA PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, |
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INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING |
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WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF |
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LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING |
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NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF |
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THE DATA OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF |
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THE POSSIBILITY OF SUCH DAMAGES. |
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7.1 You agree that it is solely Your responsibility to comply with all |
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applicable laws with regard to Your Use or Publication of Data, including any |
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applicable privacy, data protection, security and export laws. You agree to |
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take reasonable steps to assist a Data Provider fulfilling responsibilities to |
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comply with applicable laws with regard to Use or Publication of Data Received |
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hereunder. |
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7.2 You and Data Provider(s), collectively and individually, waive and/or agree |
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not to assert, to the extent permitted by law, any moral rights You or they |
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hold in Data. |
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7.3 This Agreement confers no rights or remedies upon any person or entity other |
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than the Parties and their respective heirs, executors, successors and |
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assigns. |
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7.4 The Data Provider(s) reserve no right or expectation of privacy, data |
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protection or confidentiality in any Data that they Publish under this |
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Agreement. If You choose to Publish Data under this Agreement, You similarly |
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do so with no reservation or expectation of any rights of privacy or |
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confidentiality in that Data. |
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7.5 The Community Data License Agreement workgroup under The Linux Foundation is |
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the steward of this Agreement ("Steward"). No one other than the Steward has |
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the right to modify or publish new versions of this Agreement. Each version |
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will be given a distinguishing version number. You may Use and Publish Data |
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Received hereunder under the terms of the version of the Agreement under which |
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You originally Received the Data, or under the terms of any subsequent version |
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published by the Steward. |
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