Substance Share License Agreement

Last updated: September 16th, 2015

1. BACKGROUND
1.1
Substance Share (“Substance Share”) is owned and operated by Allegorithmic SAS, 31 rue Gonod, 63000 Clermont-Ferrand, France ("Allegorithmic"). Your use of Substance Share is governed by a legal agreement between you and Allegorithmic consisting of these Substance Share Terms of Service ("Terms") which you must accept by checking the box indicating your acceptance of these Terms when you register as a user of Substance Share.
 
1.2
In addition any Asset that you download from Substance Share that has been developed by Allegorithmic or that has been made available by third-parties ("Providers") that are not affiliated with Allegorithmic, will be subject to Allegorithmic’s standard Substance Share End User License Agreement ("Allegorithmic-EULA"), which is Creative Common's "Attribution 4.0 International" (please refer to http://creativecommons.org/licenses/by/4.0/), is copied in Appendix 1 to these Terms, and which you must accept as an integrated part of these Terms by checking the box indicating your acceptance of these Terms when you are register as a user of Substance Share. Certain Assets may be governed by a Provider end user license agreement.
 
1.3
You may use Substance Share to browse, locate, and download Assets (defined as interactive media content (for example – without limitation – computer graphics, including 3D computer graphics, images, substances), tutorials and other digital materials created in order to become integrated parts of electronic games or computer generated imagery). Some of these Assets may be offered by Allegorithmic while others may be made available by Providers. You agree that Allegorithmic is not responsible for any Asset on Substance Share that originates from a source other than Allegorithmic.
 
1.4
In order to use Substance Share you must be 18 years of age or older. On using the service you warrant that you have legal capacity to enter into the agreement.
 
 
2. ALLEGORITHMIC PROVISION OF SUBSTANCE SHARE
2.1
You agree that Allegorithmic may stop, permanently or temporarily, providing Substance Share (or any features within Substance Share) to you or to users generally at Allegorithmic sole discretion, without prior notice to you.
 
2.2
Allegorithmic may discover an Asset on Substance Share that violates the Substance Share Provider Agreement between a Provider and Allegorithmic or other legal agreements, laws, regulations or policies. You agree that in such an instance Allegorithmic retains the right at its sole discretion to demand that such Asset is removed from any computer or other equipment under your control and you agree to promptly comply with such demand.
 
 
3. YOUR USE OF SUBSTANCE SHARE
3.1
You agree to Substance Share only for purposes that are permitted by (a) the Terms and Substance Share Guidelines and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Assets.
 
3.2
You agree not to access (or attempt to access) Substance Share by any means other than through the interface that is provided by Allegorithmic, unless you have been specifically allowed to do so in a separate agreement with Allegorithmic. You specifically agree not to access (or attempt to access) Substance Share through any automated means (including use of scripts, crawlers or similar technologies from time to time).
 
3.3
You agree that you will not engage in any activity that interferes with or disrupts Substance Share (or the servers or networks which are connected to Substance Share). You agree that you will not use any of the Assets found on Substance Share in a way that interferes or disrupts any servers, payment systems, networks, or websites operated by Allegorithmic or any third party.
 
3.4
Unless you have been specifically permitted to do so in a separate agreement with Allegorithmic and except as permitted under the Allegorithmic-EULA, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any Asset that you have acquired from Substance Share for any purpose.
 
3.5
You agree that you are solely responsible for (and that Allegorithmic has no responsibility to you or to any third party for) your use of Substance Share or any Assets, any breach of your obligations under the Terms, and for the consequences (including loss or damage of any kind which Allegorithmic may suffer) of any such breach.
 
3.6
You agree that Allegorithmic and/or third parties own all right, title and interest in and to Substance Share and the Assets available through Substance Share, including without limitation all applicable Intellectual Property Rights in Substance Share and Assets. "Intellectual Property Rights" means any and all intellectual property rights wherever in the world and whenever arising (and including any application), including patent laws, copyright, trade secrets, know-how, confidential information, business names and domain names, computer programs, trademark laws, service marks, trade names, utility models, design rights, semi-conductor topography rights, database rights, goodwill or rights to sue for passing off, and any and all other proprietary rights worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Substance Share or the Assets, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward- lock functionality) in Substance Share or Assets, (iii) use Substance Share or Assets to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter Allegorithmic or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Substance Share or Assets.
 
3.8
While Allegorithmic does not undertake any legal obligation to monitor, pre-screen, review, flag, filter, modify, refuse or remove any or all Assets or their content from Substance Share, Allegorithmic reserves the right to do so, and if Allegorithmic is notified by Provider or otherwise becomes aware and determines in its sole discretion that an Asset or any portion thereof; (a) violates the intellectual property rights or any other rights of any third party; (b) violates any applicable law or is subject to an injunction; (c) is pornographic, obscene or otherwise violates Allegorithmic hosting policies or other terms of service as may be updated by Allegorithmic from time to time in its sole discretion; (d) is being distributed by Provider improperly; (e) may create liability for Allegorithmic; (f) is deemed by Allegorithmic to have a virus or is deemed to be malware, spyware or have an adverse impact on Allegorithmic; (g) violates the terms of this Agreement; or (h) the display of the Asset is impacting the integrity of Allegorithmic servers (i.e., Customers are unable to access such content or
otherwise experience difficulty), Allegorithmic may demand that Provider fixes the Asset. In addition Allegorithmic shall itself be entitled to edit and make changes in the Asset. Finally Allegorithmic shall be entitled to remove the Asset from Substance Share immediately, or reclassify the Asset at its sole discretion. Allegorithmic reserves the right to suspend and/or bar any Provider from Substance Share at its sole discretion. Irrespective of the above, you agree that by using Substance Share you may be exposed to Assets that you may find offensive, indecent or objectionable and that you use Substance Share at your own risk.
 
 
4. SUBSTANCE SHARE SERVICES AND THIRD PARTY ASSETS AND SERVICES
4.1
Some components of Assets (whether developed by Allegorithmic or third parties) may also be governed by applicable open source software licenses. In the event of a conflict between the Terms, the applicable EULA and any such licenses, the open source software licenses shall prevail with respect to those components.
 
 
5. INDEMNIFICATIONS
5.1
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Allegorithmic, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of Substance Share, including your downloading, installation, or use of any Assets, or your violation of these Terms.
 
 
6.TERMINATION
6.1
These Terms will continue to apply until terminated by either you or Allegorithmic as set out below.
 
6.2
If you want to terminate these Terms, you may do so by ceasing your use of Substance Share and any Assets downloaded from Substance Share.
 
6.3
Allegorithmic may at any time, terminate these Terms with you if: (A) you have breached any provision of these Terms; or (B) Allegorithmic is required to do so by law; or (C) Allegorithmic decides to no longer provide Substance Share.
 
6.4
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Allegorithmic have benefited from, been subject to (or which have accrued over time whilst these Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Section 11 shall continue to apply to such rights, obligations and liabilities indefinitely.
 
 
8. DISCLAIMER OF WARRANTIES
8.1
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF SUBSTANCE SHARE AND ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SUBSTANCE SHARE IS AT YOUR SOLE RISK AND THAT SUBSTANCE SHARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN PARTICULAR, ALLEGORITHMIC, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES,
AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE ASSETS WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE ASSETS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE ASSETS WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE ASSETS WILL BE CORRECTED.
 
8.2
YOUR USE OF SUBSTANCE SHARE AND ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SUBSTANCE SHARE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
 
8.3
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALLEGORITHMIC FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED THROUGH SUBSTANCE SGARE AS WELL AS SUBSTANCE SHARE ITSELF.
 
8.4
NONE OF THE ASSETS ARE INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE ASSETS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
 
 
9. LIMITATION OF LIABILITY
9.1
ALLEGORITHMIC AND ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY UNDER THESE TERMS WILL BE LIMITED TO THE AMOUNTS PAID TO ALLEGORITHMIC BY YOU IN THE PAST SIX MONTHS FOR THE ASSETS RELATING TO THE DISPUTE. IN NO EVENT WILL ALLEGORITHMIC OR ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES SHALL BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF SUBSTANCE SHARE OR ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED FROM SUBSTANCE SHARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ALLEGORITHMIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
 
9.2
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALLEGORITHMIC, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY, DEVELOPER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS IN THE ASSETS OR ON SUBSTANCE SHARE;
(II) ANY CHANGES WHICH ALLEGORITHMIC MAY MAKE TO THE ASSETS OR ON SUBSTANCE SHARE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF SUBSTANCE SHARE OR THE ASSETS (OR ANY FEATURES WITHIN THE ASSETS);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF SUBSTANCE SHARE OR THE ASSETS;
(IV) YOUR FAILURE TO PROVIDE ALLEGORITHMIC WITH ACCURATE ACCOUNT INFORMATION;
 
9.3
NOTHING IN THE TERMS EXCLUDES THE LIABILITY FOR ALLEGORITHMIC, ITS SUBSIDIARIES OR AFFILIATES FOR: (I) DEATH AND PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED BY APPLICABLE LAW.
 
 
10. CHANGE OF TERMS
10.1
Allegorithmic may add or make changes to the Terms from time to time. When these changes are made, Allegorithmic will make a new copy of the Terms available at Substance Share.
 
10.2
You understand and agree that if you use Substance Share and the Assets after the date on which the Terms have changed Allegorithmic will treat your use as acceptance of the updated Terms.
 
 
11. GENERAL LEGAL TERMS
11.1
These Terms constitutes the whole legal agreement between you and Allegorithmic and govern your use of Substance Share and the Assets, and completely replace any prior agreements between you and Allegorithmic in relation to Substance Share and the Assets. Each party confirms that, in entering into the Terms it has not relied upon any representations or statements not expressly incorporated herein. Notwithstanding anything else in the Terms, neither party limits or excludes liability for fraudulent misrepresentation.
 
11.2
You agree that if Allegorithmic does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Allegorithmic has the benefit of under any applicable law), this will not be taken to be a formal waiver of Allegorithmic rights and that those rights or remedies will still be available to Allegorithmic.
 
11.3
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.
 
11.4
You acknowledge and agree that each member of the group of companies with which Allegorithmic is affiliated shall be third party beneficiaries to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms that confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to these Terms. (whether pursuant to the contract, law or otherwise).
 
11.5
The rights granted in the Terms may not be assigned or transferred by you without the prior written approval of Allegorithmic. Nor shall you be permitted to delegate your responsibilities or
obligations under these Terms without the prior written approval of Allegorithmic.
 
11.6
The rights granted in the Terms may be assigned or transferred by Allegorithmic without your prior written approval. In addition Allegorithmic shall be permitted to delegate its responsibilities or obligations under these Terms without your written approval.
 
11.7
These Terms, and your relationship with Allegorithmic under these Terms, shall be governed by the laws of France without regard to its conflict of laws provisions. Any dispute arising out of or in connection with these Terms, including any disputes regarding the existence, validity or termination thereof, shall be settled by simplified arbitration arranged by The French Institute of Arbitration. Notwithstanding this, you agree that Allegorithmic shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
 
 
 
 
 
 
APPENDIX 1
SUBSTANCE SHARE END USER LICENSE AGREEMENT: Creative Commons Attribution 4.0 International Public License
 
By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution 4.0 International Public License ("Public License"). To the extent this Public License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions.
 
Section 1 – Definitions.
 
Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.
Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License.
Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.
Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
Licensor means the individual(s) or entity(ies) granting rights under this Public License.
Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.
Section 2 – Scope.
 
License grant.
Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
reproduce and Share the Licensed Material, in whole or in part; and
produce, reproduce, and Share Adapted Material.
Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
Term. The term of this Public License is specified in Section 6(a).
Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.
Downstream recipients.
Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.
No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i).
Other rights.
 
Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
Patent and trademark rights are not licensed under this Public License.
To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties.
Section 3 – License Conditions.
 
Your exercise of the Licensed Rights is expressly made subject to the following conditions.
 
Attribution.
 
If You Share the Licensed Material (including in modified form), You must:
 
retain the following if it is supplied by the Licensor with the Licensed Material:
identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
a copyright notice;
a notice that refers to this Public License;
a notice that refers to the disclaimer of warranties;
a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.
You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
If You Share Adapted Material You produce, the Adapter's License You apply must not prevent recipients of the Adapted Material from complying with this Public License.
Section 4 – Sui Generis Database Rights.
 
Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:
 
for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database;
if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material; and
You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database.
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.
 
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.
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.
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.
 
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, then Your rights under this Public License terminate automatically.
Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:
 
automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
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.
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.
Sections 1, 5, 6, 7, and 8 survive termination of this Public License.
Section 7 – Other Terms and Conditions.
 
The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
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.
Section 8 – Interpretation.
 
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.
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.
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.
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.
 
Creative Commons may be contacted at creativecommons.org.