@@ -20,9 +20,9 @@ NOW, THEREFORE, in consideration of the mutual promises of the Parties
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and other good and valuable consideration, receipt of which is hereby
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acknowledged, the Parties agree as follows:
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- 1. Definitions
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+ 1. Definitions
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- 1. **"Contribution"** means any subject matter which is created by
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+ 1. **"Contribution"** means any subject matter which is created by
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any person, which subject matter has the effect of adding to,
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deleting from, replacing, or otherwise modifying the text,
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binary or other material in a Core Program, whether deriving
@@ -33,25 +33,25 @@ acknowledged, the Parties agree as follows:
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to, delete from, replace or otherwise modify material from the
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file containing Licensed Software.
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- 2. **"Core Programs"** mean the Computer programs and associated
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+ 2. **"Core Programs"** mean the Computer programs and associated
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data originally created by or for the World Bank as part of the
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Licensed Software and made available by the World Bank or its
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licensees pursuant to the terms equivalent to those of this
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Agreement.
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- 3. **"Covered Licensee"** has the meaning set forth in Section 2.3.
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+ 3. **"Covered Licensee"** has the meaning set forth in Section 2.3.
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- 4. **"Covered Work"** means any work that includes Licensed
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+ 4. **"Covered Work"** means any work that includes Licensed
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Software and Independent Software.
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- 5. **"Distribute"** means, for the purpose of this Agreement, to
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+ 5. **"Distribute"** means, for the purpose of this Agreement, to
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deliver or offer to deliver a copy of a work to a person other
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than to a person controlled by, controlling or under common
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control with the first person or a person engaged solely to
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develop, maintain, test, or operate such work on behalf the
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first person.
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- 6. **"Exploit"** means in the case of copyrightable subject matter
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+ 6. **"Exploit"** means in the case of copyrightable subject matter
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to copy, make derivative works, distribute, display, and perform
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such subject matter and any analogous or additional rights
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provided under the laws of any country within the Licensed
@@ -62,16 +62,16 @@ acknowledged, the Parties agree as follows:
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include the right to authorize others to Exploit the subject
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matter.
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- 7. **"Independent** **Software"** means any software that does not
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+ 7. **"Independent** **Software"** means any software that does not
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include any Core Programs or Contributions. No software
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contained in the same file as Licensed Software shall be deemed
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Independent Software under the terms of this Agreement.
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- 8. **"Licensed Software"** means the Core Programs identified on
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+ 8. **"Licensed Software"** means the Core Programs identified on
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Exhibit B hereto, together with any Contributions thereto,
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whether in Source Code or Object Code form.
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- 9. **"Licensed** **Territory"** has the meaning set forth in
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+ 9. **"Licensed** **Territory"** has the meaning set forth in
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Section 2.2.
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10. **"Object Code"** means any version of a computer program which
@@ -87,19 +87,19 @@ acknowledged, the Parties agree as follows:
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without limitation any linkage edit or build process), integrate
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and configure such computer program for installation and/or use.
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- 2. Licenses
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+ 2. Licenses
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- 1. **Basic Grant.** Subject to Licensee's compliance with all terms
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+ 1. **Basic Grant.** Subject to Licensee's compliance with all terms
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and conditions of this Agreement, World Bank grants to Licensee
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the royalty-free, perpetual, non-exclusive right and license to
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Exploit the Licensed Software, whether alone or as part of a
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Covered Work.
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- 2. **Territorial Limitations.** The rights granted to Licensee
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+ 2. **Territorial Limitations.** The rights granted to Licensee
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hereunder only apply to exploitation in the member countries of
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the World Bank ("Licensed Territory").
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- 3. **Rights in Contributions.** Licensee hereby grants to World
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+ 3. **Rights in Contributions.** Licensee hereby grants to World
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Bank a paid up, royalty-free, perpetual, irrevocable,
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non-exclusive, sublicenseable right and license to Exploit any
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Contributions created by or for Licensee, effective immediately
@@ -109,7 +109,7 @@ acknowledged, the Parties agree as follows:
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or entity who has received rights to the Core Software ("Covered
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Licensee").
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- 4. **Patent Rights.** Licensee further grants to World Bank and all
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+ 4. **Patent Rights.** Licensee further grants to World Bank and all
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other Covered Licensees a paid up, royalty-free, perpetual,
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irrevocable and sublicenseable license to Exploit its
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Contributions or any version of the Licensed Software including
@@ -118,7 +118,7 @@ acknowledged, the Parties agree as follows:
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Exploitation is of a work consisting of Licensed Software and
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Licensee's Contribution.
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- 5. **Sublicenses.** In the event that Licensee is an entity
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+ 5. **Sublicenses.** In the event that Licensee is an entity
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chartered under the laws of a nation state within the Licensed
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Territory, Licensee shall be permitted to grant sublicenses to
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others to Exploit the Licensed Software pursuant to a license
@@ -139,7 +139,7 @@ acknowledged, the Parties agree as follows:
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Licensee shall not grant sublicenses of Licensed Software and/or
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any Contribution to any person.
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- 6. **Revision of Sublicense Terms.** The World Bank may from time
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+ 6. **Revision of Sublicense Terms.** The World Bank may from time
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to time establish different terms for sublicenses to replace the
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terms of Exhibit A hereto. Such different terms shall apply to
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any sublicenses granted by Licensee pursuant to Section 2.5, on
@@ -149,14 +149,14 @@ acknowledged, the Parties agree as follows:
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electronically accessible location where it has previously
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posted such terms..
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- 7. **No Personal Use.** Licensee represents and warrants that the
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+ 7. **No Personal Use.** Licensee represents and warrants that the
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Licensed Software is not intended to be used and will not be
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used or authorized for use for personal, household and/or family
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uses.
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- 3. Obligations of Licensee
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+ 3. Obligations of Licensee
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- 1. **Distribution of Source Code.** In the event that Licensee
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+ 1. **Distribution of Source Code.** In the event that Licensee
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Distributes any form of the Licensed Software, whether as Source
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Code or Object Code and whether by itself or as part of a
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Covered Work, Licensee shall promptly make available the full
@@ -170,14 +170,14 @@ acknowledged, the Parties agree as follows:
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other than a reasonable fee covering the cost of distribution to
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the recipient.
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- 2. **Inclusion of Applicable License Provisions.** Licensee shall
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+ 2. **Inclusion of Applicable License Provisions.** Licensee shall
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assure that every copy of Licensed Software (including any such
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copy included in a Covered Work) shall either include the full
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text of the license required by Section 3.2 or a statement that
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identifies a uniform resource locator which contains the
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applicable license.
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- 3. **No Further Restrictions.** Licensee shall not impose any
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+ 3. **No Further Restrictions.** Licensee shall not impose any
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restrictions on the further use, distribution or modification of
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Licensed Software, whether distributed by itself or as part of a
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Covered Work, provided that the License Software is made
@@ -187,7 +187,7 @@ acknowledged, the Parties agree as follows:
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distribution of Independent Software included in any Covered
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Work.
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- 4. **Enforcement of Sublicenses.** By accepting this License
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+ 4. **Enforcement of Sublicenses.** By accepting this License
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Agreement and a copy of the Licensed Software, Licensee agrees
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that it will take action to enforce the terms of any
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sublicenses, including without limitation seeking injunctive or
@@ -203,7 +203,7 @@ acknowledged, the Parties agree as follows:
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shall so notify the World Bank of its intention to pursue such
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legal relief.
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- 5. **Conditions of License.** Sections 3.1 through 3.4 above are
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+ 5. **Conditions of License.** Sections 3.1 through 3.4 above are
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conditions of the licenses granted in Article 2 Licensee
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specifically acknowledges that its failure to comply strictly
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with such conditions voids all licenses granted to Licensee
@@ -213,7 +213,7 @@ acknowledged, the Parties agree as follows:
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comply and continue to comply with all provisions of Exhibit A
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hereto.
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- 6. **Permitted Arrangements.** Nothing herein shall prohibit
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+ 6. **Permitted Arrangements.** Nothing herein shall prohibit
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Licensee (or any sublicensee) from offering and charging for
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warranty, support, indemnity, or liability obligations to one or
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more recipients of Licensed Software or Covered Works, provided
@@ -225,17 +225,17 @@ acknowledged, the Parties agree as follows:
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responsible in any way with respect to the Licensed Software or
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any portion thereof.
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- 7. **Attribution and Disclaimer.** All copies of Licensed Software
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+ 7. **Attribution and Disclaimer.** All copies of Licensed Software
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and/or Covered Works Distributed by Licensee and any sublicensee
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deriving from Licensee shall contain a notice that certain
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underlying work was originally developed by or for the World
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Bank, that the World Bank is not responsible for the accuracy,
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other functionality or performance of such Licensed Software
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and/or Covered Work.
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- 4. Warranties by Licensee
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+ 4. Warranties by Licensee
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- 1. **Non-infringement of Copyright.** Licensee hereby represents
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+ 1. **Non-infringement of Copyright.** Licensee hereby represents
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and warrants to World Bank and any persons who are licensees of
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Licensed Software deriving from Core Software that its
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Contributions are and/or will be either its original works of
@@ -244,12 +244,12 @@ acknowledged, the Parties agree as follows:
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Contributions (and derivatives thereof) pursuant to this
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Agreement.
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- 2. **Patent Warranties.** Licensee hereby represents that, to the
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+ 2. **Patent Warranties.** Licensee hereby represents that, to the
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best of its knowledge, the combination of any Licensed Software
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with a Contribution from Licensee does not infringe the patent
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rights of any third party.
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- 3. **Disclaimer.** LICENSEE UNDERSTANDS AND AGREES THAT ITS USE
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+ 3. **Disclaimer.** LICENSEE UNDERSTANDS AND AGREES THAT ITS USE
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(INCLUDING WITHOUT LIMITATION, THE EXERCISE OF ANY RIGHTS
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GRANTED TO IT UNDER THIS AGREEMENT) OF THE SOFTWARE IS AT
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LICENSEE'S SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND
@@ -270,7 +270,7 @@ acknowledged, the Parties agree as follows:
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OR OTHER DEALINGS IN THE SOFTWARE. THE WORLD BANK GROUP
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DISCLAIMS ALL EQUITABLE INDEMNITIES.
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- 4. **Limitation of Liability.** THE WORLD BANK EXPRESSLY DISCLAIMS
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+ 4. **Limitation of Liability.** THE WORLD BANK EXPRESSLY DISCLAIMS
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AND IN NO EVENT BE LIABLE UNDER ANY THEORY OF LIABILITY WHETHER
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BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY
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DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PERSONAL
@@ -282,7 +282,7 @@ acknowledged, the Parties agree as follows:
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TO YOU OR ANY THIRD PARTY NOTWITHSTANDING THE FOREGOING, SUCH
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LIABILITY WILL NOT EXCEED \$100.00 IN THE AGGREGATE.
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- 5. **Indemnity by Licensee.** Licensee agrees that Licensee will
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+ 5. **Indemnity by Licensee.** Licensee agrees that Licensee will
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release, indemnify and hold harmless the World Bank and each of
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their respective business partners, content providers, licensors
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and service providers, and any of their respective officers,
@@ -300,7 +300,7 @@ acknowledged, the Parties agree as follows:
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person claiming rights by operation of any license granted by
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Licensee to such person.
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- 6. **Waiver and Release.** Licensee hereby waives any rights and
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+ 6. **Waiver and Release.** Licensee hereby waives any rights and
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benefits it may have or that may accrue to it under any law
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providing that a general release does not extend to claims that
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the creditor does not know or suspect to exist in his, her or
@@ -313,9 +313,9 @@ acknowledged, the Parties agree as follows:
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settle any matter without the written consent of the World Bank
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Indemnified Parties.
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- 5. Miscellaneous Provisions
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+ 5. Miscellaneous Provisions
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- 1. **Governing Law.** This Agreement and the relationship between
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+ 1. **Governing Law.** This Agreement and the relationship between
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and among the Parties shall be governed by the Laws of the State
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of New York, United States of America, without giving effect to
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any choice or conflict of law provision or rule (whether of the
@@ -325,10 +325,10 @@ acknowledged, the Parties agree as follows:
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Software or this Agreement must be filed within one (1) year
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after such claim or cause of action arose or be forever barred.
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- 2. **Remedies.** \[injunctive remedies, etc., to conform to
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+ 2. **Remedies.** \[injunctive remedies, etc., to conform to
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arbitration clause.\]
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- 3. **Arbitration.** Any controversy or claim arising out of or
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+ 3. **Arbitration.** Any controversy or claim arising out of or
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relating to this Agreement, or that contests the validity of
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this Agreement, shall be settled by arbitration in accordance
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with the UNCITRAL Arbitration Rules from time to time in force.
@@ -342,7 +342,7 @@ acknowledged, the Parties agree as follows:
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temporary or permanent injunctive relief, as necessary to
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protect its interests.
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- 4. **Preservation of Immunities.** Nothing in this Agreement and no
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+ 4. **Preservation of Immunities.** Nothing in this Agreement and no
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submission by The World Bank to arbitration shall be construed
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as a limitation upon or a waiver, renunciation or modification
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of any immunities, privileges or exemptions of the World Bank
@@ -351,12 +351,12 @@ acknowledged, the Parties agree as follows:
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international convention or any applicable law. Such immunities,
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privileges or exemptions are specifically reserved.
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- 5. **Notices.** Any notice required or permitted to be given
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+ 5. **Notices.** Any notice required or permitted to be given
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pursuant to this Agreement shall be effective if given by
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electronic mail addressed to the applicable Party at the address
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set forth in connection with its signature on this Agreement.
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- 6. **Execution.** This Agreement may be executed in duplicates or
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+ 6. **Execution.** This Agreement may be executed in duplicates or
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counterparts and transmitted by facsimile or other imaging
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means.
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@@ -378,7 +378,7 @@ IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
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A sublicense granted pursuant to the World Bank Master Community License
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Agreement shall include the following provisions:
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- 1. A preamble as follows:
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+ 1. A preamble as follows:
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By acquiring a copy of the Survey Solutions (the "Subject
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Software"), the person so acquiring such copy, for himself/herself and
@@ -391,7 +391,7 @@ Agreement may be enforced against Licensee by Licensor and/or any other
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person or entity who holds the copyright to the Core Software, the
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Licensed Software, or any Contribution thereto, as defined below.
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- 2. All definitions included in Article 1 of the Agreement.
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+ 2. All definitions included in Article 1 of the Agreement.
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3. The following sections:
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