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LICENSE-CC
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License
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
1. "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.
2. "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.
3. "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.
4. "Licensor" means the individual, individuals, entity or entities
that offer(s) the Work under the terms of this License.
5. "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.
6. "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.
7. "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.
8. "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.
9. "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:
1. to Reproduce the Work, to incorporate the Work into one or more
Collections, and to Reproduce the Work as incorporated in the
Collections;
2. 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.";
3. to Distribute and Publicly Perform the Work including as
incorporated in Collections; and,
4. to Distribute and Publicly Perform Adaptations.
5. For the avoidance of doubt:
1. 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;
2. 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,
3. 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:
1. 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(b), 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(b), as requested.
2. 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 (b) 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.
3. 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
1. 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.
2. 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
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.