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+ # Community Data License Agreement - Sharing - Version 1.0
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+
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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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+
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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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+
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+ ## Section 1. Definitions
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+
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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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+
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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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+
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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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+
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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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+
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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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+
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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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+
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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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+
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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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+
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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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+
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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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+
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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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+
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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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+
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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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+
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+ 1.14 "You" or "Your" means any Entity that Receives Data under this Agreement.
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+
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+ ## Section 2. Right and License to Use and to Publish
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+
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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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+
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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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+
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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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+
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+ ## Section 3. Conditions on Rights Granted
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+
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+ 3.1 If You Publish Data You Receive or Enhanced Data:
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+
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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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+
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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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+
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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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+
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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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+
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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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+
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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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+
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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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+
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+ ## Section 4. Data Provider(s)' Representations
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+
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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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+
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+ ## Section 5. Termination
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+
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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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+
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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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+
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+ ## Section 6. Disclaimer of Warranties and Limitation of Liability
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+
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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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+
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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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+
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+ ## Section 7. Miscellaneous
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+
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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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+
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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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+
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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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+
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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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+
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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.