License
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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. 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 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.
