... b. 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. c. 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...
--Creative Commons NoDerivs-NonCommercial Generic License, Version 1.0. (Paragraph 46.)
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