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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
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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 below) for the purposes of this License.
- "Creative Commons Compatible License" means a license
that is listed at http://creativecommons.org/compatiblelicenses that has
been approved by Creative Commons as being essentially equivalent to this
License, including, at a minimum, because that license: (i) contains terms
that have the same purpose, meaning and effect as the License Elements of
this License; and, (ii) explicitly permits the relicensing of adaptations
of works made available under that license under this License or a Creative
Commons jurisdiction license with the same License Elements as 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, 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.
-
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.
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(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.
- You may Distribute or Publicly Perform an Adaptation only under the
terms of: (i) 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-ShareAlike 3.0
US)); (iv) a Creative Commons Compatible License. If you license the
Adaptation under one of the licenses mentioned in (iv), you must comply
with the terms of that license. If you license the Adaptation under the
terms of any of the licenses mentioned in (i), (ii) or (iii) (the
"Applicable License"), you must comply with the terms of the Applicable
License generally and the following provisions: (I) You must include a copy
of, or the URI for, the Applicable License with every copy of each
Adaptation You Distribute or Publicly Perform; (II) 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; (III) 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; (IV) 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.
- 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 Ssection 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.
- 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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