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Rules of the challenge

CHALLENGE REGULATIONS "GOOGLE YOUTUBE CHALLENGE "

 

ARTICLE 1 – Challenge Organization 

STUDYKA on the Studyka.com.com, SAS with capital of 40 002 €, registered under the number 530 774 439 RCS Paris, domiciled at 5 Rue des Suisses 75014 PARIS, hereinafter designated as "Organizing Company" is organizing a Challenge “GOOGLE YOUTUBE CHALLENGE”, hereinafter designated as the "Challenge ".

GOOGLE Ireland Limited, a company incorporated under the laws of Ireland (company number 368047) whose principal place of business is at Gordon House, Barrow Street, Dublin 4, Ireland, hereinafter designated as the "Partner Company", supports the Organizing Company in the Challenge organization, designates and rewards the winners.

The duration of the Challenge is scheduled from January 16th, 2013 to June 30th, 2013 included. The Partner Company reserves the right to extend the duration of the Challenge if necessary. In such case, it could not be sued as responsible and no compensation could be claimed. In such circumstances, the Organizing Company will establish the technical means to inform the participants on the site.

 

ARTICLE 2 – Participation to the Challenge

 

2.1 Participation in this Challenge is free and without purchase obligation. Are allowed to participate: current students in higher education or students that have been graduated since 2 years and less (graduated in 2009/2010).

 

There is only one entry per person at the Challenge.

 

2.2 All Participants must certify being major in their country of origin at the beginning of the Challenge. The Organizing Company reserves the right to disqualify any minor participant. Moreover, it is stated that the surrender of the endowment will be conditional upon the presentation by the winner of the Challenge of an identity card proving his majority and a student card no older than 2 years (graduation year max: 2009/2010).

 

2.3 Persons who are (1) residents of US embargoed countries (Cuba, Iran, North Korea, Sudan, or Syria), (2) ordinarily resident in such countries, or (3) otherwise prohibited by applicable export controls and sanctions programmes may not participate in this contest.

 

2.4 Participants must form mixed teams from two to three members.

 

2.5 Each participant must create a user account on Studyka.com (www.studyka.com), hereinafter the "Studyka.com" for the remote transmission of recommendations indicating:

- Title, Family name, first name, email.

- Login, Education, School, city, country

 

2.6 Participant of the Challenge accept to be contacted via e-mail by Studyka or The Partner Company during the Challenge “Google YouTube Challenge”

 

2.7 Employees and representatives of the Organizing Company and the Partner Company cannot participate in the challenge, and neither the members of their family (parents, children, spouses).

 

 

ARTICLE 3 – Modalities

 

3.1 Before participating in the Challenge, participants must read these rules carefully and accept the terms in their entirety. Participants agree to abide by these rules and agree that in case of violation of one of theses clauses, the Organizing Company can consider the participation and / or the prize as void. Every date clearly defined in these rules is in London Time Zone (GMT +0)

 

3.2 The Challenge consists in making contributions by team in digital format (for example  Word (.doc), PowerPoint (.ppt) and Keynotes (.key)), referred to hereinafter "Recommendations", in response to the "Rules" described on the "brief" of the "Google YouTube Challenge" on Studyka.com. The challenge is not a YouTube video contest, no YouTube video will be accepted as an entry.

 

3.3 Preselection:participating teams must send a team presentation (presentation form can be upload at www.studyka.com/youtube-challenge) and a 1 or 2-page document (Word, PowerPoint…) where their concept will be presented briefly before February 17th 2013 at 11:59 pm. 

 

Maximum thirty (30) participating teams will be preselected and will have to send a final recommendation before March 10th, 2013 at 11:59 pm. A Recommendation is a detailed presentation of their concept.

 

Form is free even though the Jury will give value to any initiative aiming at illustrating the project. Other media to illustrate the consistency, feasibility, and the identity of your project will be favorably considered by the jury (videos, models, modeling, graphical creation, experimentation...).

 

 

3.4 After the Challenge, ten (10) winning teams will be selected. The number of Recommendations posted by each team participating in the Challenge is limited to two: a preselection Recommendation and a final Recommendation.

 

3.5 At the end of the Challenge, the Partner Company will be able to email all participants in order to propose them a job interview. For this purpose, their name, first name, email address, and school they have informed on Studyka.com will be forwarded to the Partner Company. They can ask not to be contacted by sending an email to contact@studyka.com.

 

ARTICLE 4 – The Characteristics Recommendations

 

The characteristics of the Recommendations accepted for the Challenge are set by the Partner Company.

 

4.1 The recommendations submitted to the Challenge must relate to the theme "How to make Youtube more engaging for its users”. These recommendations are described on the tab "brief" of the project "YouTube Challenge" on the website Studyka.com.

 

4.2 A partial list of accepted formats of the Recommendations in the Challenge are: DOC/DOCX/PPT/PPTX/KEY/MP3/MOV/MPEG.

 

4.3 Participants must specify in the description of the Recommendations, when uploaded, the source elements (music, text, picture) they may have used.

 

4.4 Each participant guarantees that the content of the Recommendation does not violate the laws and regulations, including those relating to the infringement, defamation, decency or privacy.

 

4.5 It is strongly recommended that participants keep a copy of the recommendations submitted to the Challenge.

 

4.6 Participants must stick to all requirements relating to recommendations and Challenge.

The Organizing and / or Partner Company have the right to refuse and to withdraw from the challenge any recommendation that does not meet the characteristics described above.

 

ARTICLE 5 – Preselection and Selection of winners

 

5.1 Maximum thirty (30) preselection Recommendations are designated by a jury, hereinafter called "the Jury" composed of members of the Partner Company and of an independent teacher, with the skills to choose among the recommendations submitted by the participants.

This designation will occur no later than February 21st, 2013 at 11:59pm.

 

 

Ten (10) final Recommendations will be designated by the “Jury”. This designation will occur no later than March 17th, 2013 at 11:59pm.

 

 

The five (5) first teams authors of these Recommendations will be ranked during a presentation to a jury, hereinafter called the "Final jury" composed of trained professionals and an independent teacher with the skills necessary to choose among the recommendations submitted by the participants This presentation will take place on March 22nd 2013 (this date is subject to modification) at Google’s headquarters in London. Students from outside the European Union or unable to come to the event will be proposed to make a video presentation of their work or to present via videoconferencing.

 

5.2 The Jury and the Final Jury will mark Recommendations according to criteria of relevance, originality, realism, framing and consistency with the theme of the Challenge.

 

5.3 Winners will be notified by the Organizing Company by email to the address entered at the creation of the user account on the Studyka.com, and will receive a notification on their account Studyka.com. If a winner does not respond to this email before the deadline mentioned in the email, or if the winning Recommendation does not meet the requirements for guarantees set out in the Regulations, the Partner Company will be able to designate an alternate winner or not to award the prize.

 

5.4 The selection and appointment of the winners are conditioned to participation, at the end of the Challenge, a minimum of eight (8) teams participating. This minimum is justified by the need for the Partner Company to provide a sufficient range of recommendations to ensure a fair selection of the winners. The Partner Company will be entitled to cancel, extend or defer the Challenge in the case where there would be less than eight (8) teams participating after the registration period for the Challenge.

 

ARTICLE 6 – Endowments

 

6.1 In return for the acceptation of intellectual property rights management mentioned in Article 7 of the Rules, the winners receive the following prizes:

 

The five (5) first teams will have the opportunity to present their project in front of a prestigious jury from The Partner Company (the Final Jury). They will be ranked during this event.

For teams coming from the European Union, travel expenses will be covered by the Partner Company. Teams coming form other parts of the world will be proposed to make a video or to present via videoconferencing.

 

The ten (10) first teams will be granted:

 

Winning team – n°1:

√          For each member: a 10” Android tablet (Nexus 10 or similar - value of €399) or the equivalent amount in gift certificates

 

Team n°2 and n°3:

√   For each member: an Android phone (Nexus 4 or similar - value of €299) or the equivalent amount in gift certificates

 

Team n°4 and n°5:

√ For each member: a 7” Android tablet (Nexus 7 or similar - value of €249) or the equivalent amount in gift certificates

 

Team n°6 to 10 :

√   For each member: Google goodies

 6.2 Finalists that are from the best five (5) teams will be offered a two (2)-day/one (1)-night trip (length of trip dependent on country of origin and associated travel times at the Partner Company’s discretion) to London, UK, and the opportunity to participate in the Final Jury, on or about March 22nd , 2013. Exact dates of the trip will be determined by The Partner Company in its sole discretion.

 

The date, time, and location of the Awards Event may also be changed at the sole discretion of the The Partner Company.

 

Trip amenities include :

 

1) round-trip economy air transportation for each Finalist from a major gateway city airport located nearest to the Finalist’s home to London, UK.

 

If the Finalist lives within a two hundred (200) mile radius of London, UK, ground transportation may be provided at the The Partner Company’s discretion and no compensation or substitution will be provided in lieu

 

2) round-trip ground transportation in London, UK to hotel/airport via Public Trasportation.

 

3) standard hotel accommodations at a hotel of The Partner Company’s choice

and round-trip Public Transportation from hotel and the Awards Event.

 

All costs and expenses associated with prize acceptance and use not specified herein as being provided, including, without limitation, all federal, state, local,

county, provincial and other taxes (including income and withholding taxes), luggage fees, travel documents, insurance, meals, incidentals, in-room charges, telephone calls, beverages, gratuities, and any other expenses not specified in these Official Rules are the sole responsibility of the Finalists.

 

The Partner Company and agents of the The Partner Company retain sole discretion for the selection of departing airport, destination airport, airline carrier, flight times and destination hotel.

 

Released Parties are not liable for any expenses incurred as a consequence of flight cancellation/delay. Finalists and parent/guardian Travel Companion (if applicable) must travel together on the same itinerary and are responsible for obtaining all required travel documents (e.g., acceptable photo ID, passport, visa, etc.) and any required (or optional) insurance (health, travel, etc.) prior to travel.

 

Prizes may be forfeited if: (a) proper travel documents for any and all travel are unattainable for any reason within the time required by the The Partner Company; (b) the Finalist did not have the unqualified right, at the time of being selected, to re-enter his/her country of origin after leaving the country; or (c) if any immigration or travel documentation complications arise which prohibit a Finalist or Team Member and/or their parent/guardian escort from entering the United States. In the latter event, the Finalist, parent or guardian as the case may be, will be solely responsible for arranging and paying for travel back to their point of origin. Each of the Finalists is solely responsible for determining and complying with all applicable international/domestic travel procedures and restrictions. Finalists must comply with all hotel check-in requirements, including but not limited to the presentation of a major credit card. Specifics of this travel package are subject to availability and remain solely at the discretion of the The Partner Company.

 

Complete terms and conditions of trip will be furnished with notification. Travel must be made through the The Partner Company’s agent on a carrier of The Partner Company’s choice. Reservations are subject to availability. Travel restrictions and blackout dates may apply. If any Finalist is unable to attend the Awards Event for any reason, no compensation or substitution will be provided in lieu thereof and Competition Entities will have no further obligation to such Finalist.

 

 

6.3 The Partner Company will give the awards to the participating teams.

The awards ceremony will take place on March 22nd in London. This date is subject to modification.

 

6.4 As necessary, it is clear that delivery of the endowment is conditional upon the delivery

by the winner to the Partner Company of the Master of the Recommendation on the format

and the media that will be asked.

 

 

ARTICLE 7 – Intellectual Property Rights

 

7.1 Definitions

 

“Intellectual Property Rights": means any invention, any copyright and right on a brand, a model, and more generally any element that could be protected by laws or international conventions on intellectual property.

 

7.2 Each Recommendation, which involved several participants, is a collective work.

 

 

7.3 Every Recommendation uploaded by the participating teams on Studyka.com will be put online under the Creative Commons Licence “Attribution 3.0 Unported” (“Licence”) Appendix 1 of these Rules.

 

7.4 The Partner Company is free to reproduce the Recommendations, to distribute them, to communicate them to the public, modify them.

In case of modification, transformation or adaptation of the Recommendations, the Partner Company will be able to distribute the derivative work only in the terms specified by the License.

 

ARTICLE 8 – Guarantee

 

8.1 Each participant guarantees that he is co-author and co-owner of intellectual property rights on the Recommendation to which he has participated.

 

8.2 Each participant guarantees that the Recommendation is original and unpublished, it doesn’t infringes copyright of any third party, and that all its components and all the informations it communicates through Recommendation are accurate, reliable and complete.

 

8.3 Each participant guarantees the Organizing Company and the Partner Company against any trouble, action, claim, opposition, and claim any eviction from a third party.

 

 

ARTICLE 9 – Reimbursement of Participating costs

 

Participants could request before July 31st, 2013 (the letter must be postmarked by this date) the refund of connection fees for the participation in Challenge on the basis of 9 minutes flat connection that means 0, 66 € TTC and the reimbursement of postage incurred in the claim of reimbursement and / or any written application for the settlement (based on the going rate - slow rate 20g).

 

Participants do not pay connection fees related to the duration of calls (a subscription "unlimited", users of cable, DSL etc.) can not get a refund because in this case the fact to access the Challenge doesn’t causes any extra cost.

 

All requests for refund by the participant must be sent to the following address: STUDYKA, 5 Rue des Suisses - Paris (75014), and come with documentary evidence of expenses incurred for participation in the Challenge.

 

The refund request should include:

•   Full contact details (name, address, zip code, city name and email)

•   Bank details (bank details) or RIP (Record of Identity Postal);

•   Indicate the date, time and duration of connection to the site for participation in the Challenge;

•   Copy of the itemized bill from the telephone operator and / or provider to which he subscribes, showing the date and time of its connections to the Website for the period, he must identify it.

Request cannot be done by phone or email.

Only one reimbursement per person (same name - same address) will be accepted.

All claims unreadable or giving incorrect address or sent after the deadline specified above, will not be processed.

 

The Reimbursement will be made by bank transfer after checking the legitimacy of the request.

 

ARTICLE 10 – Respect for the integrity of the Challenge

 

The Partner Company holds the right to cancel, cut short, suspend the Challenge if it appears that fraud has occurred, including by computer as part of participation in the Challenge. In this case, they hold the right, not to award prizes and / or sue the perpetrators of these frauds.

 

ARTICLE 11 – Organizing Company and Partner Company Intellectual Property

 

11.1 All trademarks, logos, text, icons, domain names, software available on the Studyka.com, except uploaded Recommendations by participants in the Challenge and the possible elements property of the Partner Company, are the intellectual property exclusive of the Organizing Company.

Participation in the Challenge is in no case an authorization to use or acquire ownership of the trademarks, logos, inventions and intellectual property rights of the Organizing Company.

 

11.2 The trademarks and logos of “The Partner Company” are the exclusive property of the Partner Company. Participating in the Challenge does not allow in no case an authorization to use or acquire ownership of the trademarks, logos, inventions and intellectual property rights of the Partner Company.

 

ARTICLE 12 – Personal Datas

 

The winners agree in advance the possible publication in any medias, of their name, first name and / or city of residence without being able to claim any compensation or damages of any nature whatsoever.

 

Notably, one participant, if he wins, authorizes the Partner Company, without charge, to freely use his name, first name and city of residence in the possible online publication of the winner.

 

Under the law 78-17 of January 6th, 1978, as amended by the Act of 2004 6th August relating to computers, files and freedoms, every person has a right of access, opposition and correct data concerning himself. The recipient of personal data recorded by the participants of the Challenge is the company STUDYKA.

For any claim, you will write to: STUDYKA, 5 Rue des Suisses 75014 Paris, indicating: "Participation in the Google YouTube Challenge".

 

ARTICLE 13 – Curtailment of responsibility

 

13.1 The Organizing Company holds the right to shorten, extend or cancel the operation if circumstances require. As a result, his liability may not be incurred, neither because of any malfunction of the Internet, transmission defect, loss of Recommendations uploaded to the Studyka.com nor insufficient participants or any case.

 

The participation in the Challenge implies knowledge and acceptance of the characteristics and limitations of Internet.

The connection of any person to the website www.studyka.com and participation in the Challenge is the sole responsibility of each participant, as a result, the responsibility of the Organizing Company shall not be incurred.

 

13.2 In case of major event, the Organizing Company holds the right to alter, shorten, extend, suspend and cancel the Challenge before the end of the period of participation. In this case, the Organizing Company undertakes to notify the Partner Company and participants in the shortest possible time, by a statement on the Studyka.com or Blog Studyka. These regulations may be changed at any time in the form of an endorsement by the Organizing Company, after consultation with the Partner Company, in compliance with the conditions set forth, and published online on the Studyka.com.

 

13.3 The Organizing Company will not be hold responsible for any trouble, action, complaint, opposition or claim linked to the use of the Recommendations by the Partner Company not specified in the Rules or linked to the negotiation, conclusion or execution of contracts signed with participants, since the Organizing Company did not intervene directly.

 

13.4 At any time during the challenge, participants are not subject to any subordination vis-à- vis the Organizing Company or the Partner Company.

 

ARTICLE 14 – Applicable law and juridiction

 

This rules are under French law. Any dispute, which cannot be settled amicably, shall be submitted to the jurisdiction of the courts of jurisdiction in Paris.

 

Any claim relating to the Game must be made within a period not exceeding 90 (ninety) days from the date of participation.

 

ARTICLE 15 – Filing of the Regulation

The Regulation of the Challenge is filed with the SCPLevel - Bornecque Winandy - Bru Nifosi, associated bailiff, 15, Passage du Marquis de la Londe- 78000 – Versailles.

It is available for consultation on the Studyka.com. A written copy of the rules will be sent free of charge, to any person who makes the request before the close of the Challenge. This request must be sent by mail only, to STUDYKA - "Google YouTube Challenge" - 5 Rue des Suisses 75014 PARIS. The stamp of claim is refunded as well. The participant has to joint written request to the current slow rate ( full name and address of the participant, the title of the challenge need to be precised), and including a bank details (or RIP, or RICE).

 

 


 

APPENDIX 1 – Creative Commons License

 

Attribution- 3.0 unported

License

THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.

BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

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"Collection" means a collection of literary or artistic works, such as encyclopedias and anthologies, or performances, phonograms or broadcasts, or other works or subject matter other than works listed in Section 1(f) below, which, by reason of the selection and arrangement of their contents, constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each constituting separate and independent works in themselves, which together are assembled into a collective whole. A work that constitutes a Collection will not be considered an Adaptation (as defined above) for the purposes of this License.

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"Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this License.

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"Work" means the literary and/or artistic work offered under the terms of this License including without limitation any production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression including digital form, such as a book, pamphlet and other writing; a lecture, address, sermon or other work of the same nature; a dramatic or dramatico-musical work; a choreographic work or entertainment in dumb show; a musical composition with or without words; a cinematographic work to which are assimilated works expressed by a process analogous to cinematography; a work of drawing, painting, architecture, sculpture, engraving or lithography; a photographic work to which are assimilated works expressed by a process analogous to photography; a work of applied art; an illustration, map, plan, sketch or three-dimensional work relative to geography, topography, architecture or science; a performance; a broadcast; a phonogram; a compilation of data to the extent it is protected as a copyrightable work; or a work performed by a variety or circus performer to the extent it is not otherwise considered a literary or artistic work.

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2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.

3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:

to Reproduce the Work, to incorporate the Work into one or more Collections, and to Reproduce the Work as incorporated in the Collections;

to create and Reproduce Adaptations provided that any such Adaptation, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work. For example, a translation could be marked "The original work was translated from English to Spanish," or a modification could indicate "The original work has been modified.";

to Distribute and Publicly Perform the Work including as incorporated in Collections; and,

to Distribute and Publicly Perform Adaptations.

For the avoidance of doubt:

Non-waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme cannot be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by You of the rights granted under this License;

Waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme can be waived, the Licensor waives the exclusive right to collect such royalties for any exercise by You of the rights granted under this License; and,

Voluntary License Schemes. The Licensor waives the right to collect royalties, whether individually or, in the event that the Licensor is a member of a collecting society that administers voluntary licensing schemes, via that society, from any exercise by You of the rights granted under this License.

The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. Subject to Section 8(f), all rights not expressly granted by Licensor are hereby reserved.

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You may Distribute or Publicly Perform the Work only under the terms of this License. You must include a copy of, or the Uniform Resource Identifier (URI) for, this License with every copy of the Work You Distribute or Publicly Perform. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties with every copy of the Work You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work, You may not impose any effective technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License. This Section 4(a) applies to the Work as incorporated in a Collection, but this does not require the Collection apart from the Work itself to be made subject to the terms of this License. If You create a Collection, upon notice from any Licensor You must, to the extent practicable, remove from the Collection any credit as required by Section 4(b), as requested. If You create an Adaptation, upon notice from any Licensor You must, to the extent practicable, remove from the Adaptation any credit as required by Section 4(b), as requested.

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Except as otherwise agreed in writing by the Licensor or as may be otherwise permitted by applicable law, if You Reproduce, Distribute or Publicly Perform the Work either by itself or as part of any Adaptations or Collections, You must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation. Licensor agrees that in those jurisdictions (e.g. Japan), in which any exercise of the right granted in Section 3(b) of this License (the right to make Adaptations) would be deemed to be a distortion, mutilation, modification or other derogatory action prejudicial to the Original Author's honor and reputation, the Licensor will waive or not assert, as appropriate, this Section, to the fullest extent permitted by the applicable national law, to enable You to reasonably exercise Your right under Section 3(b) of this License (right to make Adaptations) but not otherwise.

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7. Termination

This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Adaptations or Collections from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.

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8. Miscellaneous

Each time You Distribute or Publicly Perform the Work or a Collection, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.

Each time You Distribute or Publicly Perform an Adaptation, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.

If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.

This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.

The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to the corresponding provisions of the implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not intended to restrict the license of any rights under applicable law.