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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(g) 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.
“License Elements” means
the following high-level license attributes as selected by Licensor and
indicated in the title of this License: Attribution, Noncommercial,
ShareAlike.
“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.
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, including but not limited to the rights described in Section 4(e).
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(d), 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(d), as requested.
You may Distribute or Publicly Perform an Adaptation only under: (i) the terms of this License; (ii) a later version of this License with the same License Elements as this License; (iii) a Creative Commons jurisdiction license (either this or a later license version) that contains the same License Elements as this License (e.g., Attribution-NonCommercial-ShareAlike 3.0 US) (“Applicable License”). You must include a copy of, or the URI, for Applicable License with every copy of each Adaptation You Distribute or Publicly Perform. You may not offer or impose any terms on the Adaptation that restrict the terms of the Applicable License or the ability of the recipient of the Adaptation to exercise the rights granted to that recipient under the terms of the Applicable License. You must keep intact all notices that refer to the Applicable License and to the disclaimer of warranties with every copy of the Work as included in the Adaptation You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Adaptation, You may not impose any effective technological measures on the Adaptation that restrict the ability of a recipient of the Adaptation from You to exercise the rights granted to that recipient under the terms of the Applicable License. This Section 4(b) applies to the Adaptation as incorporated in a Collection, but this does not require the Collection apart from the Adaptation itself to be made subject to the terms of the Applicable License.
You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in con-nection with the exchange of copyrighted works.
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(d) 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.
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 reserves the exclusive right to collect such
royalties for any exercise by You of the rights granted under this
License if Your exercise of such rights is for a purpose or use which is
otherwise than noncommercial as permitted under Section 4(c) and
otherwise waives the right to collect royalties through any statutory or
compulsory licensing scheme; and,
Voluntary License Schemes. The
Licensor reserves 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 that is for a
purpose or use which is otherwise than noncommercial as permitted under
Section 4(c).
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 AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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, MERCHANTABILITY, 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 THIS 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.
Creative Commons Notice
Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.
Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, Creative Commons does not authorize the use by either party of the trademark “Creative Commons” or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons’ then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time. For the avoidance of doubt, this trademark restriction does not form part of this License.
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