You must also offer to recipients of the Derivative Database or Produced
Work a copy in a machine readable form of:
a. The entire Derivative Database; or
b. A file containing all of the alterations made to the Database or the
method of making the alterations to the Database (such as an
algorithm), including any additional Contents, that make up all the
differences between the Database and the Derivative Database. The
Derivative Database (under a.) or alteration file (under b.) must be
available at no more than a reasonable production cost for physical
distributions and free of charge if distributed over the internet.
4.7 Technological measures and additional terms
a. This License does not allow You to impose (except subject to Section
4.7 b.) any terms or any technological measures on the Database, a
Derivative Database, or the whole or a Substantial part of the Contents
that alter or restrict the terms of this License, or any rights granted under
it, or have the effect or intent of restricting the ability of any person to
exercise those rights.
b. Parallel distribution. You may impose terms or technological
measures on the Database, a Derivative Database, or the whole or a
Substantial part of the Contents (a "Restricted Database") in
contravention of Section 4.74 a. only if You also make a copy of the
Database or a Derivative Database available to the recipient of the
Restricted Database:
i. That is available without additional fee;
ii. That is available in a medium that does not alter or restrict the terms
of this License, or any rights granted under it, or have the effect or intent
of restricting the ability of any person to exercise those rights (an
"Unrestricted Database"); and
iii. The Unrestricted Database is at least as accessible to the recipient as
a practical matter as the Restricted Database.
c. For the avoidance of doubt, You may place this Database or a
Derivative Database in an authenticated environment, behind a
password, or within a similar access control scheme provided that You do
not alter or restrict the terms of this License or any rights granted under it
or have the effect or intent of restricting the ability of any person to
exercise those rights.
4.8 Licensing of others. You may not sublicense the Database. Each time
You communicate the Database, the whole or Substantial part of the
Contents, or any Derivative Database to anyone else in any way, the
Licensor offers to the recipient a license to the Database on the same
terms and conditions as this License. You are not responsible for
enforcing compliance by third parties with this License, but You may
enforce any rights that You have over a Derivative Database. You are
solely responsible for any modifications of a Derivative Database made
by You or another Person at Your direction. You may not impose any
further restrictions on the exercise of the rights granted or affirmed
under this License.
5.0 Moral rights
5.1 Moral rights. This section covers moral rights, including any rights to
be identified as the author of the Database or to object to treatment that
would otherwise prejudice the author's honour and reputation, or any
other derogatory treatment:
a. For jurisdictions allowing waiver of moral rights, Licensor waives all
moral rights that Licensor may have in the Database to the fullest extent
possible by the law of the relevant jurisdiction under Section 10.4;
b. If waiver of moral rights under Section 5.1 a in the relevant jurisdiction
is not possible, Licensor agrees not to assert any moral rights over the
Database and waives all claims in moral rights to the fullest extent
possible by the law of the relevant jurisdiction under Section 10.4; and
c. For jurisdictions not allowing waiver or an agreement not to assert
moral rights under Section 5.1 a and b, the author may retain their moral
rights over certain aspects of the Database. Please note that some
jurisdictions do not allow for the waiver of moral rights, and so moral
rights may still subsist over the Database in some jurisdictions.
6.0 Fair dealing, Database exceptions, and other rights not affected
6.1 This License does not affect any rights that You or anyone else may
independently have under any applicable law to make any use of this
Database, including without limitation:
a. Exceptions to the Database Right including: Extraction of Contents
from non-electronic Databases for private purposes, Extraction for
purposes of illustration for teaching or scientific research, and Extraction
or Re-utilisation for public security or an administrative or judicial
procedure.
b. Fair dealing, fair use, or any other legally recognised limitation or
exception to infringement of copyright or other applicable laws.
6.2 This License does not affect any rights of lawful users to Extract and
Re-utilise insubstantial parts of the Contents, evaluated quantitatively or
qualitatively, for any purposes whatsoever, including creating a
Derivative Database (subject to other rights over the Contents, see
Section 2.4). The repeated and systematic Extraction or Re-utilisation of
insubstantial parts of the Contents may however amount to the
Extraction or Re-utilisation of a Substantial part of the Contents.
7.0 Warranties and Disclaimer7.1 The Database is licensed by the
Licensor "as is" and without any warranty of any kind, either express,
implied, or arising by statute, custom, course of dealing, or trade usage.
Licensor specifically disclaims any and all implied warranties or
conditions of title, non-infringement, accuracy or completeness, the
presence or absence of errors, fitness for a particular purpose,
merchantability, or otherwise.
Some jurisdictions do not allow the exclusion of implied warranties, so
this exclusion may not apply to You.
8.0 Limitation of liability
8.1 Subject to any liability that may not be excluded or limited by law,
the Licensor is not liable for, and expressly excludes, all liability for loss or
damage however and whenever caused to anyone by any use under
this License, whether by You or by anyone else, and whether caused by
any fault on the part of the Licensor or not. This exclusion of liability
includes, but is not limited to, any special, incidental, consequential,
punitive, or exemplary damages such as loss of revenue, data,
anticipated profits, and lost business. This exclusion applies even if the
Licensor has been advised of the possibility of such damages.
8.2 If liability may not be excluded by law, it is limited to actual and
direct financial loss to the extent it is caused by proved negligence on the
part of the Licensor.
9.0 Termination of Your rights under this License
9.1 Any breach by You of the terms and conditions of this License
automatically terminates this License with immediate effect and without
notice to You. For the avoidance of doubt, Persons who have received
the Database, the whole or a Substantial part of the Contents, Derivative
Databases, or the Database as part of a Collective Database from You
under this License will not have their licenses terminated provided their
use is in full compliance with this License or a license granted under
Section 4.8 of this License. Sections 1, 2, 7, 8, 9 and 10 will survive any
termination of this License.
9.2 If You are not in breach of the terms of this License, the Licensor will
not terminate Your rights under it.
9.3 Unless terminated under Section 9.1, this License is granted to You
for the duration of applicable rights in the Database.
9.4 Reinstatement of rights. If you cease any breach of the terms and
conditions of this License, then your full rights under this License will be
reinstated:
a. Provisionally and subject to permanent termination until the 60th day
after cessation of breach;
b. Permanently on the 60th day after cessation of breach unless
otherwise reasonably notified by the Licensor; or
c. Permanently if reasonably notified by the Licensor of the violation, this
is the first time You have received notice of violation of this License from
the Licensor, and You cure the violation prior to 30 days after your
receipt of the notice.
Persons subject to permanent termination of rights are not eligible to be
a recipient and receive a license under Section 4.8.
9.5 Notwithstanding the above, Licensor reserves the right to release the
Database under different license terms or to stop distributing or making
available the Database. Releasing the Database under different license
terms or stopping the distribution of the Database will not withdraw this
License (or any other license that has been, or is required to be, granted
under the terms of this License), and this License will continue in full force
and effect unless terminated as stated above.
10.0 General
10.1 If any provision of this License is held to be invalid or
unenforceable, that must not affect the validity or enforceability of the
remainder of the terms and conditions of this License and each
remaining provision of this License shall be valid and enforced to the
fullest extent permitted by law.
10.2 This License is the entire agreement between the parties with
respect to the rights granted here over the Database. It replaces any
earlier understandings, agreements or representations with respect to
the Database.
10.3 If You are in breach of the terms of this License, You will not be
entitled to rely on the terms of this License or to complain of any breach
by the Licensor.
10.4 Choice of law. This License takes effect in and will be governed by
the laws of the relevant jurisdiction in which the License terms are
sought to be enforced. If the standard suite of rights granted under
applicable copyright law and Database Rights in the relevant jurisdiction
includes additional rights not granted under this License, these additional
Version 1.075, Revision C TMX-2050 Display User Guide 7
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