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if You Share all or a substantial portion of the contents of the database; and

  • to Share the entire database content or a substantial portion of it with Third Parties, even if it is included in another database, is not allowed in each and every case where these Third Parties are excluded from the Sharing of the Licensed Material by a Blacklist for purposes of this Public License, except this Sharing is taking place by an effective worldwide Publishing of these contents.

  • 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.

    1. 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 known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.

    2. 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. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.

    1. 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.

    1. 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, or if You sue the Licensor connected to the Licensed Material or connected to the usage of the Licensed Material by anybody, e.g. because You think patent infringements are given, then Your rights under this Public License terminate automatically. This applies as well in case the Upper Limits for the Commercial Usage are exceeded; and if the Upper Limits for the Commercial Usage are exceeded the Licensor has the right to charge You with an appropriate increased compensation, that is as far as applicable, the double of the price of his price list which has been offered at the time of the usage of the Licensed Material, or as far as reasonably applicable the double of the usual market price at the time of the usage, or as far as reasonably applicable the half of the commercial advantage or monetary compensation which You gained by the usage of the Licensed Material, whichever is higher.

    2. 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.

      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.

    3. 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.

    4. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.

    Section 7 – Other Terms and Conditions.

    1. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.

    2. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.

    Abschnitt 8 – Place of jurisdiction

    1. If the Licensor is an individual, then the place of jurisdiction is the domicile or alternatively the main residence of the Licensor. If the Licensor is a legal entity, then the place of jurisdiction is the registered office or alternatively the head office of the Licensor.

    2. This Public License shall be governed by and construed in accordance with the local, national and international laws which are applicable at the place of jurisdiction.

    Section 9 – Interpretation.

    1. 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.

    2. 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.

    3. 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.

    4. Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.




    Document revision: 2
    Author: Philip Rickel, Hamburg (Germany) 2018
    This document is licensed under the following license:
    Creative Commons Attribution-ShareAlike 4.0 International Public License (CC BY-SA)
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