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(D) the sending of users, or the setting-up of a link, to an online location by means of
information localization tools, including hypertext links and directories.
Article 65.6
The limitations to liability contained in Articles 65.12 and 65.14 only apply when service
providers do not take the initiative with regard to the transmission of the material and neither
select the material nor its recipients, unless a function described in Article 65.5(D)
intrinsically entails a form of selection.
Article 65.7
The issue of whether service providers shall be eligible to benefit from the limitations
contained in Articles 65.12 and 65.14 concerning each of the functions contained in Article
65.5(A) to (D) shall be examined separately from that of their eligibility concerning each of
the other functions, in accordance with the conditions of eligibility contained in Articles 65.8
to 65.11.
Article 65.8
As to the functions mentioned in Article 65.5 (B), the service provider shall not benefit from
the limitations on liability stated in Articles 65.12 and 65.14 until such time as:
(a) it has limited access to the material that has been cached to the users of its system or
network who meet the user-specific conditions for access to said material;
(b) it has conformed to the rules concerning refreshing, reloading or any other up-dating
of the cached material, when these rules are stated by the person putting the material
online, in accordance with a generally-accepted date communications protocol for the
system or network;
(c) it no longer interferes with the standard technical measures used on the original site
to obtain information on the use of the material and does not modify the content of
that material in its subsequent transmission to the users; and
(d) it acts without delay, on receipt of effective notice relating to an allegation of
infringement of copyright or related rights in accordance with Article 65.13, either
withdrawing the cached material or disabling access to the material withdrawn from
the site of origin.
Article 65.9
As to the functions mentioned in Article 65.5(C) and (D), the service provider shall not benefit
from the limitations on liability stated in Articles 65.12 and 65.14 unless:
(a) it does not directly enjoy financial gain attributable to the activity infringing copyright
or related rights, under circumstances in which it has the right and ability to control
that activity;
(b) it acts without delay to withdraw the material hosted on its system or network, or to
disable access to that material on becoming aware of infringement of copyright or
related rights, or of facts or circumstances which indicate that copyright or related
rights have been infringed, in particular as a result of actual formal notice of
allegations of infringement of copyright or related rights in accordance with Article
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