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Attribution-NonCommercial 3.0 Unported␊ |
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LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN␊ |
ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS␊ |
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REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR␊ |
DAMAGES RESULTING FROM ITS USE.␊ |
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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.␊ |
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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.␊ |
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1. Definitions␊ |
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a. "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.␊ |
b. "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.␊ |
c. "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.␊ |
d. "Licensor" means the individual, individuals, entity or entities that␊ |
offer(s) the Work under the terms of this License.␊ |
e. "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.␊ |
f. "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.␊ |
g. "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.␊ |
h. "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.␊ |
i. "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.␊ |
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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.␊ |
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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:␊ |
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a. to Reproduce the Work, to incorporate the Work into one or more␊ |
Collections, and to Reproduce the Work as incorporated in the␊ |
Collections;␊ |
b. 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.";␊ |
c. to Distribute and Publicly Perform the Work including as incorporated␊ |
in Collections; and,␊ |
d. to Distribute and Publicly Perform Adaptations.␊ |
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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 set forth in Section 4(d).␊ |
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4. Restrictions. The license granted in Section 3 above is expressly made␊ |
subject to and limited by the following restrictions:␊ |
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a. 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(c), 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(c), as requested.␊ |
b. 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 connection with␊ |
the exchange of copyrighted works.␊ |
c. 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(c) 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.␊ |
d. For the avoidance of doubt:␊ |
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i. 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;␊ |
ii. 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(b) and otherwise waives␊ |
the right to collect royalties through any statutory or compulsory␊ |
licensing scheme; and,␊ |
iii. 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).␊ |
e. 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.␊ |
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5. Representations, Warranties and Disclaimer␊ |
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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.␊ |
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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.␊ |
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7. Termination␊ |
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a. 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.␊ |
b. 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.␊ |
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8. Miscellaneous␊ |
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a. 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.␊ |
b. 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.␊ |
c. 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.␊ |
d. 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.␊ |
e. 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.␊ |
f. 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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Creative Commons Notice␊ |
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Creative Commons is not a party to this License, and makes no warranty␊ |
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Commons has expressly identified itself as the Licensor hereunder, it␊ |
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