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Creative Commons License
Attribution 3.0 Unported
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.
1. Definitions
- "Adaptation" means a work based upon the Work, or upon
the Work and other pre-existing works, such as a translation, adaptation,
derivative work, arrangement of music or other alterations of a literary or
artistic work, or phonogram or performance and includes cinematographic
adaptations or any other form in which the Work may be recast, transformed, or
adapted including in any form recognizably derived from the original, except
that a work that constitutes a Collection will not be considered an Adaptation
for the purpose of this License. For the avoidance of doubt, where the Work is
a musical work, performance or phonogram, the synchronization of the Work in
timed-relation with a moving image ("synching") will be considered an
Adaptation for the purpose of this License.
- "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.
- "Distribute" means to make available to the public the
original and copies of the Work or Adaptation, as appropriate, through sale or
other transfer of ownership.
- "Licensor" means the individual, individuals, entity or
entities that offer(s) the Work under the terms of this License.
- "Original Author" means, in the case of a literary or
artistic work, the individual, individuals, entity or entities who created the
Work or if no individual or entity can be identified, the publisher; and in
addition (i) in the case of a performance the actors, singers, musicians,
dancers, and other persons who act, sing, deliver, declaim, play in, interpret
or otherwise perform literary or artistic works or expressions of folklore;
(ii) in the case of a phonogram the producer being the person or legal entity
who first fixes the sounds of a performance or other sounds; and, (iii) in the
case of broadcasts, the organization that transmits the broadcast.
- "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.
- "You" means an individual or entity exercising rights
under this License who has not previously violated the terms of this License
with respect to the Work, or who has received express permission from the
Licensor to exercise rights under this License despite a previous violation.
- "Publicly Perform" means to perform public recitations of
the Work and to communicate to the public those public recitations, by any
means or process, including by wire or wireless means or public digital
performances; to make available to the public Works in such a way that members
of the public may access these Works from a place and at a place individually
chosen by them; to perform the Work to the public by any means or process and
the communication to the public of the performances of the Work, including by
public digital performance; to broadcast and rebroadcast the Work by any means
including signs, sounds or images.
- "Reproduce" means to make copies of the Work by any means
including without limitation by sound or visual recordings and the right of
fixation and reproducing fixations of the Work, including storage of a
protected performance or phonogram in digital form or other electronic medium.
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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4. Restrictions. The license granted in Section 3 above is
expressly made subject to and limited by the following restrictions:
- 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.
- If You Distribute, or Publicly Perform the Work or any Adaptations or
Collections, You must, unless a request has been made pursuant to Section
4(a), keep intact all copyright notices for the Work and provide, reasonable
to the medium or means You are utilizing: (i) the name of the Original Author
(or pseudonym, if applicable) if supplied, and/or if the Original Author
and/or Licensor designate another party or parties (e.g., a sponsor institute,
publishing entity, journal) for attribution ("Attribution Parties") in
Licensor's copyright notice, terms of service or by other reasonable means,
the name of such party or parties; (ii) the title of the Work if supplied;
(iii) to the extent reasonably practicable, the URI, if any, that Licensor
specifies to be associated with the Work, unless such URI does not refer to
the copyright notice or licensing information for the Work; and (iv) ,
consistent with Section 3(b), in the case of an Adaptation, a credit
identifying the use of the Work in the Adaptation (e.g., "French translation
of the Work by Original Author," or "Screenplay based on original Work by
Original Author"). The credit required by this Section 4 (b) may be
implemented in any reasonable manner; provided, however, that in the case of a
Adaptation or Collection, at a minimum such credit will appear, if a credit
for all contributing authors of the Adaptation or Collection appears, then as
part of these credits and in a manner at least as prominent as the credits for
the other contributing authors. For the avoidance of doubt, You may only use
the credit required by this Section for the purpose of attribution in the
manner set out above and, by exercising Your rights under this License, You
may not implicitly or explicitly assert or imply any connection with,
sponsorship or endorsement by the Original Author, Licensor and/or Attribution
Parties, as appropriate, of You or Your use of the Work, without the separate,
express prior written permission of the Original Author, Licensor and/or
Attribution Parties.
- 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.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS,
ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH
EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY
APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY
FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES
ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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.
- Subject to the above terms and conditions, the license granted here is
perpetual (for the duration of the applicable copyright in the Work).
Notwithstanding the above, Licensor reserves the right to release the Work
under different license terms or to stop distributing the Work at any time;
provided, however that any such election will not serve to withdraw this
License (or any other license that has been, or is required to be, granted
under the terms of this License), and this License will continue in full force
and effect unless terminated as stated above.
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.
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