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12 | License␊ |
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14 | THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE␊ |
15 | COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY␊ |
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19 | BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE␊ |
20 | TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY␊ |
21 | BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS␊ |
22 | CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND␊ |
23 | CONDITIONS.␊ |
24 | ␊ |
25 | 1. Definitions␊ |
26 | ␊ |
27 | a. "Adaptation" means a work based upon the Work, or upon the Work and␊ |
28 | other pre-existing works, such as a translation, adaptation,␊ |
29 | derivative work, arrangement of music or other alterations of a␊ |
30 | literary or artistic work, or phonogram or performance and includes␊ |
31 | cinematographic adaptations or any other form in which the Work may be␊ |
32 | recast, transformed, or adapted including in any form recognizably␊ |
33 | derived from the original, except that a work that constitutes a␊ |
34 | Collection will not be considered an Adaptation for the purpose of␊ |
35 | this License. For the avoidance of doubt, where the Work is a musical␊ |
36 | work, performance or phonogram, the synchronization of the Work in␊ |
37 | timed-relation with a moving image ("synching") will be considered an␊ |
38 | Adaptation for the purpose of this License.␊ |
39 | b. "Collection" means a collection of literary or artistic works, such as␊ |
40 | encyclopedias and anthologies, or performances, phonograms or␊ |
41 | broadcasts, or other works or subject matter other than works listed␊ |
42 | in Section 1(f) below, which, by reason of the selection and␊ |
43 | arrangement of their contents, constitute intellectual creations, in␊ |
44 | which the Work is included in its entirety in unmodified form along␊ |
45 | with one or more other contributions, each constituting separate and␊ |
46 | independent works in themselves, which together are assembled into a␊ |
47 | collective whole. A work that constitutes a Collection will not be␊ |
48 | considered an Adaptation (as defined above) for the purposes of this␊ |
49 | License.␊ |
50 | c. "Distribute" means to make available to the public the original and␊ |
51 | copies of the Work or Adaptation, as appropriate, through sale or␊ |
52 | other transfer of ownership.␊ |
53 | d. "Licensor" means the individual, individuals, entity or entities that␊ |
54 | offer(s) the Work under the terms of this License.␊ |
55 | e. "Original Author" means, in the case of a literary or artistic work,␊ |
56 | the individual, individuals, entity or entities who created the Work␊ |
57 | or if no individual or entity can be identified, the publisher; and in␊ |
58 | addition (i) in the case of a performance the actors, singers,␊ |
59 | musicians, dancers, and other persons who act, sing, deliver, declaim,␊ |
60 | play in, interpret or otherwise perform literary or artistic works or␊ |
61 | expressions of folklore; (ii) in the case of a phonogram the producer␊ |
62 | being the person or legal entity who first fixes the sounds of a␊ |
63 | performance or other sounds; and, (iii) in the case of broadcasts, the␊ |
64 | organization that transmits the broadcast.␊ |
65 | f. "Work" means the literary and/or artistic work offered under the terms␊ |
66 | of this License including without limitation any production in the␊ |
67 | literary, scientific and artistic domain, whatever may be the mode or␊ |
68 | form of its expression including digital form, such as a book,␊ |
69 | pamphlet and other writing; a lecture, address, sermon or other work␊ |
70 | of the same nature; a dramatic or dramatico-musical work; a␊ |
71 | choreographic work or entertainment in dumb show; a musical␊ |
72 | composition with or without words; a cinematographic work to which are␊ |
73 | assimilated works expressed by a process analogous to cinematography;␊ |
74 | a work of drawing, painting, architecture, sculpture, engraving or␊ |
75 | lithography; a photographic work to which are assimilated works␊ |
76 | expressed by a process analogous to photography; a work of applied␊ |
77 | art; an illustration, map, plan, sketch or three-dimensional work␊ |
78 | relative to geography, topography, architecture or science; a␊ |
79 | performance; a broadcast; a phonogram; a compilation of data to the␊ |
80 | extent it is protected as a copyrightable work; or a work performed by␊ |
81 | a variety or circus performer to the extent it is not otherwise␊ |
82 | considered a literary or artistic work.␊ |
83 | g. "You" means an individual or entity exercising rights under this␊ |
84 | License who has not previously violated the terms of this License with␊ |
85 | respect to the Work, or who has received express permission from the␊ |
86 | Licensor to exercise rights under this License despite a previous␊ |
87 | violation.␊ |
88 | h. "Publicly Perform" means to perform public recitations of the Work and␊ |
89 | to communicate to the public those public recitations, by any means or␊ |
90 | process, including by wire or wireless means or public digital␊ |
91 | performances; to make available to the public Works in such a way that␊ |
92 | members of the public may access these Works from a place and at a␊ |
93 | place individually chosen by them; to perform the Work to the public␊ |
94 | by any means or process and the communication to the public of the␊ |
95 | performances of the Work, including by public digital performance; to␊ |
96 | broadcast and rebroadcast the Work by any means including signs,␊ |
97 | sounds or images.␊ |
98 | i. "Reproduce" means to make copies of the Work by any means including␊ |
99 | without limitation by sound or visual recordings and the right of␊ |
100 | fixation and reproducing fixations of the Work, including storage of a␊ |
101 | protected performance or phonogram in digital form or other electronic␊ |
102 | medium.␊ |
103 | ␊ |
104 | 2. Fair Dealing Rights. Nothing in this License is intended to reduce,␊ |
105 | limit, or restrict any uses free from copyright or rights arising from␊ |
106 | limitations or exceptions that are provided for in connection with the␊ |
107 | copyright protection under copyright law or other applicable laws.␊ |
108 | ␊ |
109 | 3. License Grant. Subject to the terms and conditions of this License,␊ |
110 | Licensor hereby grants You a worldwide, royalty-free, non-exclusive,␊ |
111 | perpetual (for the duration of the applicable copyright) license to␊ |
112 | exercise the rights in the Work as stated below:␊ |
113 | ␊ |
114 | a. to Reproduce the Work, to incorporate the Work into one or more␊ |
115 | Collections, and to Reproduce the Work as incorporated in the␊ |
116 | Collections;␊ |
117 | b. to create and Reproduce Adaptations provided that any such Adaptation,␊ |
118 | including any translation in any medium, takes reasonable steps to␊ |
119 | clearly label, demarcate or otherwise identify that changes were made␊ |
120 | to the original Work. For example, a translation could be marked "The␊ |
121 | original work was translated from English to Spanish," or a␊ |
122 | modification could indicate "The original work has been modified.";␊ |
123 | c. to Distribute and Publicly Perform the Work including as incorporated␊ |
124 | in Collections; and,␊ |
125 | d. to Distribute and Publicly Perform Adaptations.␊ |
126 | ␊ |
127 | The above rights may be exercised in all media and formats whether now␊ |
128 | known or hereafter devised. The above rights include the right to make␊ |
129 | such modifications as are technically necessary to exercise the rights in␊ |
130 | other media and formats. Subject to Section 8(f), all rights not expressly␊ |
131 | granted by Licensor are hereby reserved, including but not limited to the␊ |
132 | rights set forth in Section 4(d).␊ |
133 | ␊ |
134 | 4. Restrictions. The license granted in Section 3 above is expressly made␊ |
135 | subject to and limited by the following restrictions:␊ |
136 | ␊ |
137 | a. You may Distribute or Publicly Perform the Work only under the terms␊ |
138 | of this License. You must include a copy of, or the Uniform Resource␊ |
139 | Identifier (URI) for, this License with every copy of the Work You␊ |
140 | Distribute or Publicly Perform. You may not offer or impose any terms␊ |
141 | on the Work that restrict the terms of this License or the ability of␊ |
142 | the recipient of the Work to exercise the rights granted to that␊ |
143 | recipient under the terms of the License. You may not sublicense the␊ |
144 | Work. You must keep intact all notices that refer to this License and␊ |
145 | to the disclaimer of warranties with every copy of the Work You␊ |
146 | Distribute or Publicly Perform. When You Distribute or Publicly␊ |
147 | Perform the Work, You may not impose any effective technological␊ |
148 | measures on the Work that restrict the ability of a recipient of the␊ |
149 | Work from You to exercise the rights granted to that recipient under␊ |
150 | the terms of the License. This Section 4(a) applies to the Work as␊ |
151 | incorporated in a Collection, but this does not require the Collection␊ |
152 | apart from the Work itself to be made subject to the terms of this␊ |
153 | License. If You create a Collection, upon notice from any Licensor You␊ |
154 | must, to the extent practicable, remove from the Collection any credit␊ |
155 | as required by Section 4(c), as requested. If You create an␊ |
156 | Adaptation, upon notice from any Licensor You must, to the extent␊ |
157 | practicable, remove from the Adaptation any credit as required by␊ |
158 | Section 4(c), as requested.␊ |
159 | b. You may not exercise any of the rights granted to You in Section 3␊ |
160 | above in any manner that is primarily intended for or directed toward␊ |
161 | commercial advantage or private monetary compensation. The exchange of␊ |
162 | the Work for other copyrighted works by means of digital file-sharing␊ |
163 | or otherwise shall not be considered to be intended for or directed␊ |
164 | toward commercial advantage or private monetary compensation, provided␊ |
165 | there is no payment of any monetary compensation in connection with␊ |
166 | the exchange of copyrighted works.␊ |
167 | c. If You Distribute, or Publicly Perform the Work or any Adaptations or␊ |
168 | Collections, You must, unless a request has been made pursuant to␊ |
169 | Section 4(a), keep intact all copyright notices for the Work and␊ |
170 | provide, reasonable to the medium or means You are utilizing: (i) the␊ |
171 | name of the Original Author (or pseudonym, if applicable) if supplied,␊ |
172 | and/or if the Original Author and/or Licensor designate another party␊ |
173 | or parties (e.g., a sponsor institute, publishing entity, journal) for␊ |
174 | attribution ("Attribution Parties") in Licensor's copyright notice,␊ |
175 | terms of service or by other reasonable means, the name of such party␊ |
176 | or parties; (ii) the title of the Work if supplied; (iii) to the␊ |
177 | extent reasonably practicable, the URI, if any, that Licensor␊ |
178 | specifies to be associated with the Work, unless such URI does not␊ |
179 | refer to the copyright notice or licensing information for the Work;␊ |
180 | and, (iv) consistent with Section 3(b), in the case of an Adaptation,␊ |
181 | a credit identifying the use of the Work in the Adaptation (e.g.,␊ |
182 | "French translation of the Work by Original Author," or "Screenplay␊ |
183 | based on original Work by Original Author"). The credit required by␊ |
184 | this Section 4(c) may be implemented in any reasonable manner;␊ |
185 | provided, however, that in the case of a Adaptation or Collection, at␊ |
186 | a minimum such credit will appear, if a credit for all contributing␊ |
187 | authors of the Adaptation or Collection appears, then as part of these␊ |
188 | credits and in a manner at least as prominent as the credits for the␊ |
189 | other contributing authors. For the avoidance of doubt, You may only␊ |
190 | use the credit required by this Section for the purpose of attribution␊ |
191 | in the manner set out above and, by exercising Your rights under this␊ |
192 | License, You may not implicitly or explicitly assert or imply any␊ |
193 | connection with, sponsorship or endorsement by the Original Author,␊ |
194 | Licensor and/or Attribution Parties, as appropriate, of You or Your␊ |
195 | use of the Work, without the separate, express prior written␊ |
196 | permission of the Original Author, Licensor and/or Attribution␊ |
197 | Parties.␊ |
198 | d. For the avoidance of doubt:␊ |
199 | ␊ |
200 | i. Non-waivable Compulsory License Schemes. In those jurisdictions in␊ |
201 | which the right to collect royalties through any statutory or␊ |
202 | compulsory licensing scheme cannot be waived, the Licensor␊ |
203 | reserves the exclusive right to collect such royalties for any␊ |
204 | exercise by You of the rights granted under this License;␊ |
205 | ii. Waivable Compulsory License Schemes. In those jurisdictions in␊ |
206 | which the right to collect royalties through any statutory or␊ |
207 | compulsory licensing scheme can be waived, the Licensor reserves␊ |
208 | the exclusive right to collect such royalties for any exercise by␊ |
209 | You of the rights granted under this License if Your exercise of␊ |
210 | such rights is for a purpose or use which is otherwise than␊ |
211 | noncommercial as permitted under Section 4(b) and otherwise waives␊ |
212 | the right to collect royalties through any statutory or compulsory␊ |
213 | licensing scheme; and,␊ |
214 | iii. Voluntary License Schemes. The Licensor reserves the right to␊ |
215 | collect royalties, whether individually or, in the event that the␊ |
216 | Licensor is a member of a collecting society that administers␊ |
217 | voluntary licensing schemes, via that society, from any exercise␊ |
218 | by You of the rights granted under this License that is for a␊ |
219 | purpose or use which is otherwise than noncommercial as permitted␊ |
220 | under Section 4(c).␊ |
221 | e. Except as otherwise agreed in writing by the Licensor or as may be␊ |
222 | otherwise permitted by applicable law, if You Reproduce, Distribute or␊ |
223 | Publicly Perform the Work either by itself or as part of any␊ |
224 | Adaptations or Collections, You must not distort, mutilate, modify or␊ |
225 | take other derogatory action in relation to the Work which would be␊ |
226 | prejudicial to the Original Author's honor or reputation. Licensor␊ |
227 | agrees that in those jurisdictions (e.g. Japan), in which any exercise␊ |
228 | of the right granted in Section 3(b) of this License (the right to␊ |
229 | make Adaptations) would be deemed to be a distortion, mutilation,␊ |
230 | modification or other derogatory action prejudicial to the Original␊ |
231 | Author's honor and reputation, the Licensor will waive or not assert,␊ |
232 | as appropriate, this Section, to the fullest extent permitted by the␊ |
233 | applicable national law, to enable You to reasonably exercise Your␊ |
234 | right under Section 3(b) of this License (right to make Adaptations)␊ |
235 | but not otherwise.␊ |
236 | ␊ |
237 | 5. Representations, Warranties and Disclaimer␊ |
238 | ␊ |
239 | UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR␊ |
240 | OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY␊ |
241 | KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,␊ |
242 | INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,␊ |
243 | FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF␊ |
244 | LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS,␊ |
245 | WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION␊ |
246 | OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.␊ |
247 | ␊ |
248 | 6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE␊ |
249 | LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR␊ |
250 | ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES␊ |
251 | ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS␊ |
252 | BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.␊ |
253 | ␊ |
254 | 7. Termination␊ |
255 | ␊ |
256 | a. This License and the rights granted hereunder will terminate␊ |
257 | automatically upon any breach by You of the terms of this License.␊ |
258 | Individuals or entities who have received Adaptations or Collections␊ |
259 | from You under this License, however, will not have their licenses␊ |
260 | terminated provided such individuals or entities remain in full␊ |
261 | compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will␊ |
262 | survive any termination of this License.␊ |
263 | b. Subject to the above terms and conditions, the license granted here is␊ |
264 | perpetual (for the duration of the applicable copyright in the Work).␊ |
265 | Notwithstanding the above, Licensor reserves the right to release the␊ |
266 | Work under different license terms or to stop distributing the Work at␊ |
267 | any time; provided, however that any such election will not serve to␊ |
268 | withdraw this License (or any other license that has been, or is␊ |
269 | required to be, granted under the terms of this License), and this␊ |
270 | License will continue in full force and effect unless terminated as␊ |
271 | stated above.␊ |
272 | ␊ |
273 | 8. Miscellaneous␊ |
274 | ␊ |
275 | a. Each time You Distribute or Publicly Perform the Work or a Collection,␊ |
276 | the Licensor offers to the recipient a license to the Work on the same␊ |
277 | terms and conditions as the license granted to You under this License.␊ |
278 | b. Each time You Distribute or Publicly Perform an Adaptation, Licensor␊ |
279 | offers to the recipient a license to the original Work on the same␊ |
280 | terms and conditions as the license granted to You under this License.␊ |
281 | c. If any provision of this License is invalid or unenforceable under␊ |
282 | applicable law, it shall not affect the validity or enforceability of␊ |
283 | the remainder of the terms of this License, and without further action␊ |
284 | by the parties to this agreement, such provision shall be reformed to␊ |
285 | the minimum extent necessary to make such provision valid and␊ |
286 | enforceable.␊ |
287 | d. No term or provision of this License shall be deemed waived and no␊ |
288 | breach consented to unless such waiver or consent shall be in writing␊ |
289 | and signed by the party to be charged with such waiver or consent.␊ |
290 | e. This License constitutes the entire agreement between the parties with␊ |
291 | respect to the Work licensed here. There are no understandings,␊ |
292 | agreements or representations with respect to the Work not specified␊ |
293 | here. Licensor shall not be bound by any additional provisions that␊ |
294 | may appear in any communication from You. This License may not be␊ |
295 | modified without the mutual written agreement of the Licensor and You.␊ |
296 | f. The rights granted under, and the subject matter referenced, in this␊ |
297 | License were drafted utilizing the terminology of the Berne Convention␊ |
298 | for the Protection of Literary and Artistic Works (as amended on␊ |
299 | September 28, 1979), the Rome Convention of 1961, the WIPO Copyright␊ |
300 | Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996␊ |
301 | and the Universal Copyright Convention (as revised on July 24, 1971).␊ |
302 | These rights and subject matter take effect in the relevant␊ |
303 | jurisdiction in which the License terms are sought to be enforced␊ |
304 | according to the corresponding provisions of the implementation of␊ |
305 | those treaty provisions in the applicable national law. If the␊ |
306 | standard suite of rights granted under applicable copyright law␊ |
307 | includes additional rights not granted under this License, such␊ |
308 | additional rights are deemed to be included in the License; this␊ |
309 | License is not intended to restrict the license of any rights under␊ |
310 | applicable law.␊ |
311 | ␊ |
312 | ␊ |
313 | Creative Commons Notice␊ |
314 | ␊ |
315 | Creative Commons is not a party to this License, and makes no warranty␊ |
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334 | Creative Commons may be contacted at http://creativecommons.org/.␊ |
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