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208 lines
11 KiB
Text
208 lines
11 KiB
Text
Community Data License Agreement - Sharing - Version 1.0
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This is the Community Data License Agreement - Sharing, Version 1.0 ("Agreement").
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Data is provided to You under this Agreement by each of the Data Providers.
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Your exercise of any of the rights and permissions granted below constitutes
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Your acceptance and agreement to be bound by the terms and conditions of this
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Agreement.
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The benefits that each Data Provider receives from making Data available and
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that You receive from Data or otherwise under these terms and conditions shall
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be deemed sufficient consideration for the formation of this Agreement. Accordingly,
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Data Provider(s) and You (the "Parties") agree as follows:
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Section 1. Definitions
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1.1 "Add" means to supplement Data with Your own or someone else's Data, resulting
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in Your "Additions." Additions do not include Results.
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1.2 "Computational Use" means Your analysis (through the use of computational
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devices or otherwise) or other interpretation of Data. By way of example and
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not limitation, "Computational Use" includes the application of any computational
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analytical technique, the purpose of which is the analysis of any Data in
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digital form to generate information about Data such as patterns, trends,
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correlations, inferences, insights and attributes.
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1.3 "Data" means the information (including copyrightable information, such
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as images or text), collectively or individually, whether created or gathered
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by a Data Provider or an Entity acting on its behalf, to which rights are
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granted under this Agreement.
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1.4 "Data Provider" means any Entity (including any employee or contractor
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of such Entity authorized to Publish Data on behalf of such Entity) that Publishes
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Data under this Agreement prior to Your Receiving it.
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1.5 "Enhanced Data" means the subset of Data that You Publish and that is
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composed of (a) Your Additions and/or (b) Modifications to Data You have received
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under this Agreement.
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1.6 "Entity" means any natural person or organization that exists under the
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laws of the jurisdiction in which it is organized, together with all other
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entities that control, are controlled by, or are under common control with
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that entity. For the purposes of this definition, "control" means (a) the
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power, directly or indirectly, to cause the direction or management of such
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entity, whether by contract or otherwise, (b) the ownership of more than fifty
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percent (50%) of the outstanding shares or securities, (c) the beneficial
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ownership of such entity or, (d) the ability to appoint, whether by agreement
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or right, the majority of directors of an Entity.
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1.7 "Ledger" means a digital record of Data or grants of rights in Data governed
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by this Agreement, using any technology having functionality to record and
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store Data or grants, contributions, or licenses to Data governed by this
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Agreement.
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1.8 "Modify" means to delete, erase, correct or re-arrange Data, resulting
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in "Modifications." Modifications do not include Results.
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1.9 "Publish" means to make all or a subset of Data (including Your Enhanced
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Data) available in any manner which enables its Use, including by providing
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a copy on physical media or remote access. For any form of Entity, that is
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to make the Data available to any individual who is not employed by that Entity
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or engaged as a contractor or agent to perform work on that Entity's behalf.
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A "Publication" occurs each time You Publish Data.
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1.10 "Receive" or "Receives" means to have been given access to Data, locally
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or remotely.
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1.11 "Results" means the outcomes or outputs that You obtain from Your Computational
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Use of Data. Results shall not include more than a de minimis portion of the
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Data on which the Computational Use is based.
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1.12 "Sui Generis Database Rights" means rights, other than copyright, resulting
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from Directive 96/9/EC of the European Parliament and of the Council of 11
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March 1996 on the legal protection of databases, as amended and/or succeeded,
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as well as other equivalent rights anywhere in the world.
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1.13 "Use" means using Data (including accessing, copying, studying, reviewing,
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adapting, analyzing, evaluating, or making Computational Use of it), either
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by machines or humans, or a combination of both.
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1.14 "You" or "Your" means any Entity that Receives Data under this Agreement.
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Section 2. Right and License to Use and to Publish
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2.1 Subject to the conditions set forth in Section 3 of this Agreement, Data
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Provider(s) hereby grant(s) to You a worldwide, non-exclusive, irrevocable
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(except as provided in Section 5) right to: (a) Use Data; and (b) Publish
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Data.
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2.2 To the extent that the Data or the coordination, selection or arrangement
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of Data is protected or protectable under copyright, Sui Generis Database
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Rights, or other law, Data Provider(s) further agree(s) that such Data or
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coordination, selection or arrangement is hereby licensed to You and to anyone
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else who Receives Data under this Agreement for Use and Publication, subject
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to the conditions set forth in Section 3 of this Agreement.
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2.3 Except for these rights and licenses expressly granted, no other intellectual
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property rights are granted or should be implied.
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Section 3. Conditions on Rights Granted
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3.1 If You Publish Data You Receive or Enhanced Data:
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(a) The Data (including the Enhanced Data) must be Published under this Agreement
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in accordance with this Section 3; and
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(b) You must cause any Data files containing Enhanced Data to carry prominent
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notices that You have changed those files; and
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(c) If You Publish Data You Receive, You must preserve all credit or attribution
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to the Data Provider(s). Such retained credit or attribution includes any
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of the following to the extent they exist in Data as You have Received it:
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legal notices or metadata; identification of the Data Provider(s); or hyperlinks
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to Data to the extent it is practical to do so.
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3.2 You may not restrict or deter the ability of anyone who Receives the Data
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(a) to Publish the Data in a publicly-accessible manner or (b) if the project
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has designated a Ledger for recording Data or grants of rights in Data for
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purposes of this Agreement, to record the Data or grants of rights in Data
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in the Ledger.
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3.3 If You Publish Data You Receive, You must do so under an unmodified form
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of this Agreement and include the text of this Agreement, the name of this
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Agreement and/or a hyperlink or other method reasonably likely to provide
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a copy of the text of this Agreement. You may not modify this Agreement or
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impose any further restrictions on the exercise of the rights granted under
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this Agreement, including by adding any restriction on commercial or non-commercial
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Use of Data (including Your Enhanced Data) or by limiting permitted Use of
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such Data to any particular platform, technology or field of endeavor. Notices
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that purport to modify this Agreement shall be of no effect.
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3.4 You and each Data Provider agree that Enhanced Data shall not be considered
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a work of joint authorship by virtue of its relationship to Data licensed
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under this Agreement and shall not require either any obligation of accounting
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to or the consent of any Data Provider.
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3.5 This Agreement imposes no obligations or restrictions on Your Use or Publication
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of Results.
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Section 4. Data Provider(s)' Representations
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4.1 Each Data Provider represents that the Data Provider has exercised reasonable
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care, to assure that: (a) the Data it Publishes was created or generated by
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it or was obtained from others with the right to Publish the Data under this
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Agreement; and (b) Publication of such Data does not violate any privacy or
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confidentiality obligation undertaken by the Data Provider.
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Section 5. Termination
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5.1 All of Your rights under this Agreement will terminate, and Your right
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to Receive, Use or Publish the Data will be revoked or modified if You materially
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fail to comply with the terms and conditions of this Agreement and You do
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not cure such failure in a reasonable period of time after becoming aware
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of such noncompliance. If Your rights under this Agreement terminate, You
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agree to cease Receipt, Use and Publication of Data. However, Your obligations
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and any rights and permissions granted by You under this Agreement relating
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to Data that You Published prior to such termination will continue and survive.
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5.2 If You institute litigation against a Data Provider or anyone else who
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Receives the Data (including a cross-claim in a lawsuit) based on the Data,
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other than a claim asserting breach of this Agreement, then any rights previously
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granted to You to Receive, Use and Publish Data under this Agreement will
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terminate as of the date such litigation is filed.
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Section 6. Disclaimer of Warranties and Limitation of Liability
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6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE DATA (INCLUDING ENHANCED
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DATA) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF
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ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
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OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
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PARTICULAR PURPOSE.
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6.2 NEITHER YOU NOR ANY DATA PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
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INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
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WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
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WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
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ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE DATA OR THE EXERCISE
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OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
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DAMAGES.
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Section 7. Miscellaneous
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7.1 You agree that it is solely Your responsibility to comply with all applicable
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laws with regard to Your Use or Publication of Data, including any applicable
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privacy, data protection, security and export laws. You agree to take reasonable
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steps to assist a Data Provider fulfilling responsibilities to comply with
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applicable laws with regard to Use or Publication of Data Received hereunder.
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7.2 You and Data Provider(s), collectively and individually, waive and/or
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agree not to assert, to the extent permitted by law, any moral rights You
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or they hold in Data.
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7.3 This Agreement confers no rights or remedies upon any person or entity
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other than the Parties and their respective heirs, executors, successors and
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assigns.
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7.4 The Data Provider(s) reserve no right or expectation of privacy, data
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protection or confidentiality in any Data that they Publish under this Agreement.
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If You choose to Publish Data under this Agreement, You similarly do so with
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no reservation or expectation of any rights of privacy or confidentiality
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in that Data.
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7.5 The Community Data License Agreement workgroup under The Linux Foundation
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is the steward of this Agreement ("Steward"). No one other than the Steward
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has the right to modify or publish new versions of this Agreement. Each version
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will be given a distinguishing version number. You may Use and Publish Data
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Received hereunder under the terms of the version of the Agreement under which
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You originally Received the Data, or under the terms of any subsequent version
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published by the Steward.
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