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341 lines
16 KiB
Markdown
341 lines
16 KiB
Markdown
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```
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Developed by Aalborg University, Denmark and Alfred Wegener Institute, Germany
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```
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## Creative Commons Attribution-ShareAlike 4.
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# International Public License Agreement of siMPle –
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# Software for the automated detection of microplastic
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```
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By exercising the Licensed Rights (defined below), You accept and agree to be bound by
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the terms and conditions of this Creative Commons Attribution-ShareAlike 4.
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International Public License ("Public License"). To the extent this Public License may be
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interpreted as a contract, You are granted the Licensed Rights in consideration of Your
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acceptance of these terms and conditions, and the Licensor grants You such rights in
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consideration of benefits the Licensor receives from making the Licensed Material
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available under these terms and conditions.
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```
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```
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Section 1 – Definitions.
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```
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a. Adapted Material means material subject to Copyright and Similar Rights that is derived
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from or based upon the Licensed Material and in which the Licensed Material is translated,
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altered, arranged, transformed, or otherwise modified in a manner requiring permission
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under the Copyright and Similar Rights held by the Licensor. For purposes of this Public
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License, where the Licensed Material is a musical work, performance, or sound recording,
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Adapted Material is always produced where the Licensed Material is synched in timed
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relation with a moving image.
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b. Adapter's License means the license You apply to Your Copyright and Similar Rights in
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Your contributions to Adapted Material in accordance with the terms and conditions of
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this Public License.
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c. BY-SA Compatible License means a license listed
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at creativecommons.org/compatiblelicenses, approved by Creative Commons as
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essentially the equivalent of this Public License.
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d. Copyright and Similar Rights means copyright and/or similar rights closely related to
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copyright including, without limitation, performance, broadcast, sound recording, and Sui
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Generis Database Rights, without regard to how the rights are labeled or categorized. For
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purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright
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and Similar Rights.
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e. Effective Technological Measures means those measures that, in the absence of proper
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authority, may not be circumvented under laws fulfilling obligations under Article 11 of
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the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international
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agreements.
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f. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or
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limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
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|
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```
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Developed by Aalborg University, Denmark and Alfred Wegener Institute, Germany
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```
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g. License Elements means the license attributes listed in the name of a Creative Commons
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Public License. The License Elements of this Public License are Attribution and ShareAlike.
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h. Licensed Material means the artistic or literary work, database, or other material to which
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the Licensor applied this Public License.
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i. Licensed Rights means the rights granted to You subject to the terms and conditions of
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this Public License, which are limited to all Copyright and Similar Rights that apply to Your
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use of the Licensed Material and that the Licensor has authority to license.
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j. Licensor means the individual(s) or entity(ies) granting rights under this Public License.
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k. Share means to provide material to the public by any means or process that requires
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permission under the Licensed Rights, such as reproduction, public display, public
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performance, distribution, dissemination, communication, or importation, and to make
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material available to the public including in ways that members of the public may access
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the material from a place and at a time individually chosen by them.
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|
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l. Sui Generis Database Rights means rights other than copyright resulting from Directive
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96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal
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protection of databases, as amended and/or succeeded, as well as other essentially
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|
equivalent rights anywhere in the world.
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m. You means the individual or entity exercising the Licensed Rights under this Public
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License. Your has a corresponding meaning.
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```
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Section 2 – Scope.
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```
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a. License grant.
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1. Subject to the terms and conditions of this Public License, the Licensor hereby grants You
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a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to
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exercise the Licensed Rights in the Licensed Material to:
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A. reproduce and Share the Licensed Material, in whole or in part; and
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B. produce, reproduce, and Share Adapted Material.
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2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations
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apply to Your use, this Public License does not apply, and You do not need to comply with
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its terms and conditions.
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3. Term. The term of this Public License is specified in Section 6(a).
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4. Media and formats; technical modifications allowed. The Licensor authorizes You to
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exercise the Licensed Rights in all media and formats whether now known or hereafter
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created, and to make technical modifications necessary to do so. The Licensor waives
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and/or agrees not to assert any right or authority to forbid You from making technical
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modifications necessary to exercise the Licensed Rights, including technical modifications
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|
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```
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Developed by Aalborg University, Denmark and Alfred Wegener Institute, Germany
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```
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```
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necessary to circumvent Effective Technological Measures. For purposes of this Public
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License, simply making modifications authorized by this Section 2(a)(4) never produces
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Adapted Material.
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```
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5. Downstream recipients.
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A. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material
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automatically receives an offer from the Licensor to exercise the Licensed Rights under the
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terms and conditions of this Public License.
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B. Additional offer from the Licensor – Adapted Material. Every recipient of Adapted Material
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from You automatically receives an offer from the Licensor to exercise the Licensed Rights
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in the Adapted Material under the conditions of the Adapter’s License You apply.
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C. No downstream restrictions. You may not offer or impose any additional or different terms
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or conditions on, or apply any Effective Technological Measures to, the Licensed Material
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if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed
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Material.
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6. No endorsement. Nothing in this Public License constitutes or may be construed as
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permission to assert or imply that You are, or that Your use of the Licensed Material is,
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connected with, or sponsored, endorsed, or granted official status by, the Licensor or
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others designated to receive attribution as provided in Section 3(a)(1)(A)(i).
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b. Other rights.
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1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor
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are publicity, privacy, and/or other similar personality rights; however, to the extent
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possible, the Licensor waives and/or agrees not to assert any such rights held by the
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Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but
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not otherwise.
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2. Patent and trademark rights are not licensed under this Public License.
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3. To the extent possible, the Licensor waives any right to collect royalties from You for the
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exercise of the Licensed Rights, whether directly or through a collecting society under any
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voluntary or waivable statutory or compulsory licensing scheme. In all other cases the
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Licensor expressly reserves any right to collect such royalties.
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```
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Section 3 – License Conditions.
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```
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```
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Your exercise of the Licensed Rights is expressly made subject to the following conditions.
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```
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a. Attribution.
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1. If You Share the Licensed Material (including in modified form), You must:
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```
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Developed by Aalborg University, Denmark and Alfred Wegener Institute, Germany
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```
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```
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A. retain the following if it is supplied by the Licensor with the Licensed Material:
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i. identification of the creator(s) of the Licensed Material and any others designated to
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receive attribution, in any reasonable manner requested by the Licensor (including by
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pseudonym if designated);
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ii. a copyright notice;
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```
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iii. a notice that refers to this Public License;
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iv. a notice that refers to the disclaimer of warranties;
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```
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v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable
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```
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```
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Citing siMPle in academic papers:
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```
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- Primpke, S., A. Dias, P., Gerdts, G., Anal. Methods 11, 2138 – 2147. (2019)
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- Liu, F., Olesen, K.B., Borregaard, A.R., Vollertsen, J., Sci. Total Environ. 671. (2019)
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- Raman database: Cabernard, L.; Roscher, L.; Lorenz, C.; Gerdts, G.; Primpke, S., Environmental Science
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& Technology 52 (22), 13279- 13288 (2018)
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```
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B. indicate if You modified the Licensed Material and retain an indication of any previous
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modifications; and
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C. indicate the Licensed Material is licensed under this Public License, and include the text
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of, or the URI or hyperlink to, this Public License.
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```
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2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the
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medium, means, and context in which You Share the Licensed Material. For example, it
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may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource
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that includes the required information.
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3. If requested by the Licensor, You must remove any of the information required by
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Section 3(a)(1)(A) to the extent reasonably practicable.
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b. ShareAlike.
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```
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In addition to the conditions in Section 3(a), if You Share Adapted Material You produce,
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the following conditions also apply.
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```
|
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1. The Adapter’s License You apply must be a Creative Commons license with the same
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License Elements, this version or later, or a BY-SA Compatible License.
|
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2. You must include the text of, or the URI or hyperlink to, the Adapter's License You apply.
|
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You may satisfy this condition in any reasonable manner based on the medium, means,
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and context in which You Share Adapted Material.
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3. You may not offer or impose any additional or different terms or conditions on, or apply
|
|||
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any Effective Technological Measures to, Adapted Material that restrict exercise of the
|
|||
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rights granted under the Adapter's License You apply.
|
|||
|
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|||
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```
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Developed by Aalborg University, Denmark and Alfred Wegener Institute, Germany
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```
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```
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Section 4 – Sui Generis Database Rights.
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```
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```
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Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of
|
|||
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the Licensed Material:
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|||
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```
|
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a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse,
|
|||
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reproduce, and Share all or a substantial portion of the contents of the database;
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b. if You include all or a substantial portion of the database contents in a database in which
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You have Sui Generis Database Rights, then the database in which You have Sui Generis
|
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Database Rights (but not its individual contents) is Adapted Material, including for
|
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purposes of Section 3(b); and
|
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c. You must comply with the conditions in Section 3(a) if You Share all or a substantial
|
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portion of the contents of the database.
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For the avoidance of doubt, this Section 4 supplements and does not replace Your
|
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obligations under this Public License where the Licensed Rights include other Copyright
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and Similar Rights.
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|||
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|||
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```
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Section 5 – Disclaimer of Warranties and Limitation of Liability.
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```
|
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a. Unless otherwise separately undertaken by the Licensor, to the extent possible, the
|
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Licensor offers the Licensed Material as-is and as-available, and makes no representations
|
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or warranties of any kind concerning the Licensed Material, whether express, implied,
|
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statutory, or other. This includes, without limitation, warranties of title, merchantability,
|
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fitness for a particular purpose, non-infringement, absence of latent or other defects,
|
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accuracy, or the presence or absence of errors, whether or not known or discoverable.
|
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Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not
|
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apply to You.
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b. To the extent possible, in no event will the Licensor be liable to You on any legal theory
|
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(including, without limitation, negligence) or otherwise for any direct, special, indirect,
|
|||
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incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or
|
|||
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damages arising out of this Public License or use of the Licensed Material, even if the
|
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Licensor has been advised of the possibility of such losses, costs, expenses, or damages.
|
|||
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Where a limitation of liability is not allowed in full or in part, this limitation may not apply
|
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to You.
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c. The disclaimer of warranties and limitation of liability provided above shall be interpreted
|
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in a manner that, to the extent possible, most closely approximates an absolute disclaimer
|
|||
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and waiver of all liability.
|
|||
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|||
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```
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Section 6 – Term and Termination.
|
|||
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```
|
|||
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|||
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```
|
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Developed by Aalborg University, Denmark and Alfred Wegener Institute, Germany
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```
|
|||
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a. This Public License applies for the term of the Copyright and Similar Rights licensed here.
|
|||
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However, if You fail to comply with this Public License, then Your rights under this Public
|
|||
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License terminate automatically.
|
|||
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b. Where Your right to use the Licensed Material has terminated under Section 6(a), it
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reinstates:
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1. automatically as of the date the violation is cured, provided it is cured within 30 days of
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Your discovery of the violation; or
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2. upon express reinstatement by the Licensor.
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```
|
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For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may
|
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have to seek remedies for Your violations of this Public License.
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```
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c. For the avoidance of doubt, the Licensor may also offer the Licensed Material under
|
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separate terms or conditions or stop distributing the Licensed Material at any time;
|
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however, doing so will not terminate this Public License.
|
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d. Sections 1 , 5 , 6 , 7 , and 8 survive termination of this Public License.
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```
|
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Section 7 – Other Terms and Conditions.
|
|||
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```
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a. The Licensor shall not be bound by any additional or different terms or conditions
|
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communicated by You unless expressly agreed.
|
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|
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b. Any arrangements, understandings, or agreements regarding the Licensed Material not
|
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stated herein are separate from and independent of the terms and conditions of this
|
|||
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Public License.
|
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```
|
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Section 8 – Interpretation.
|
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|
```
|
|||
|
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.
|
|||
|
|
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b. To the extent possible, if any provision of this Public License is deemed unenforceable, it
|
|||
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shall be automatically reformed to the minimum extent necessary to make it enforceable.
|
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If the provision cannot be reformed, it shall be severed from this Public License without
|
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affecting the enforceability of the remaining terms and conditions.
|
|||
|
|
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c. No term or condition of this Public License will be waived and no failure to comply
|
|||
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consented to unless expressly agreed to by the Licensor.
|
|||
|
|
|||
|
|
|||
|
```
|
|||
|
Developed by Aalborg University, Denmark and Alfred Wegener Institute, Germany
|
|||
|
```
|
|||
|
d. 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.
|
|||
|
|
|||
|
```
|
|||
|
Creative Commons is not a party to its public licenses. Notwithstanding, Creative
|
|||
|
Commons may elect to apply one of its public licenses to material it publishes and in those
|
|||
|
instances 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 its prior written consent including, without limitation, in connection
|
|||
|
with any unauthorized modifications to any of its public licenses or any other
|
|||
|
arrangements, understandings, or agreements concerning use of licensed material. For
|
|||
|
the avoidance of doubt, this paragraph does not form part of the public licenses.
|
|||
|
```
|
|||
|
```
|
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|
Creative Commons may be contacted at creativecommons.org.
|
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|
```
|
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