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b. If waiver of moral rights under Section 3.4 a in the relevant jurisdiction is not possible, Licensor agrees not to assert any moral rights over the Work and waives all claims in moral rights to the fullest extent possible by the law of the relevant jurisdiction under Section 6.4; and
c. For jurisdictions not allowing waiver or an agreement not to assert moral rights under Section 3.4 a and b, the author may retain their moral rights over the copyrighted aspects of the Work.
Please note that some jurisdictions do not allow for the waiver of moral rights, and so moral rights may still subsist over the work in some jurisdictions.
4.0 Relationship to other rights
4.1 No other contractual conditions. The Rightsholder makes this Work available to You without any other contractual obligations, either express or implied. Any Community Norms statement associated with the Work is not a contract and does not form part of this Document.
4.2 Relationship to patents. This Document does not grant You a licence for any patents that the Rightsholder may own. Users of this Database are cautioned that they may have to clear other rights or consult other licences.
4.3 Relationship to trade marks. This Document does not grant You a licence for any trade marks that the Rightsholder may own or that the Rightsholder may use to cover the Work. Users of this Database are cautioned that they may have to clear other rights or consult other licences.
Part III: General provisions
5.0 Warranties, disclaimer, and limitation of liability
5.1 The Work is provided by the Rightsholder “as is” and without any warranty of any kind, either express or implied, whether of title, of accuracy or completeness, of the presence of absence of errors, of fitness for purpose, or otherwise. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to You.
5.2 Subject to any liability that may not be excluded or limited by law, the Rightsholder is not liable for, and expressly excludes, all liability for loss or damage however and whenever caused to anyone by any use under this Document, whether by You or by anyone else, and whether caused by any fault on the part of the Rightsholder or not. This exclusion of liability includes, but is not limited to, any special, incidental, consequential, punitive, or exemplary damages. This exclusion applies even if the Rightsholder has been advised of the possibility of such damages.
5.3 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 Rightsholder.
6.0 General
6.1 If any provision of this Document is held to be invalid or unenforceable, that must not affect the validity or enforceability of the remainder of the terms of this Document.
6.2 This Document is the entire agreement between the parties with respect to the Work covered here. It replaces any earlier understandings, agreements or representations with respect to the Work not specified here.
6.3 This Document does not affect any rights that You or anyone else may independently have under any applicable law to make any use of this Work, including (for jurisdictions where this Document is a licence) fair dealing, fair use, database exceptions, or any other legally recognised limitation or exception to infringement of copyright or other applicable laws.
6.4 This Document takes effect in the relevant jurisdiction in which the Document terms are sought to be enforced. If the rights waived or granted under applicable law in the relevant jurisdiction includes additional rights not waived or granted under this Document, these additional rights are included in this Document in order to meet the intent of this Document.
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