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1
2Creative Commons
3Attribution 3.0 Unported
4
5CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
6SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT
7RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-
8IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION
9PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
10License
11
12THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
13COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS
14PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER
15THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
16
17BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE
18BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE
19CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE
20IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
21
221. Definitions
23
24"Adaptation" means a work based upon the Work, or upon the Work and
25other pre-existing works, such as a translation, adaptation, derivative work,
26arrangement of music or other alterations of a literary or artistic work, or
27phonogram or performance and includes cinematographic adaptations or any other
28form in which the Work may be recast, transformed, or adapted including in any
29form recognizably derived from the original, except that a work that
30constitutes a Collection will not be considered an Adaptation for the purpose
31of this License. For the avoidance of doubt, where the Work is a musical work,
32performance or phonogram, the synchronization of the Work in timed-relation
33with a moving image ("synching") will be considered an Adaptation for
34the purpose of this License.
35"Collection" means a collection of literary or artistic works, such
36as encyclopedias and anthologies, or performances, phonograms or broadcasts, or
37other works or subject matter other than works listed in Section 1(f) below,
38which, by reason of the selection and arrangement of their contents, constitute
39intellectual creations, in which the Work is included in its entirety in
40unmodified form along with one or more other contributions, each constituting
41separate and independent works in themselves, which together are assembled into
42a collective whole. A work that constitutes a Collection will not be considered
43an Adaptation (as defined above) for the purposes of this License.
44"Distribute" means to make available to the public the original and
45copies of the Work or Adaptation, as appropriate, through sale or other
46transfer of ownership.
47"Licensor" means the individual, individuals, entity or entities that
48offer(s) the Work under the terms of this License.
49"Original Author" means, in the case of a literary or artistic work,
50the individual, individuals, entity or entities who created the Work or if no
51individual or entity can be identified, the publisher; and in addition (i) in
52the case of a performance the actors, singers, musicians, dancers, and other
53persons who act, sing, deliver, declaim, play in, interpret or otherwise
54perform literary or artistic works or expressions of folklore; (ii) in the case
55of a phonogram the producer being the person or legal entity who first fixes
56the sounds of a performance or other sounds; and, (iii) in the case of
57broadcasts, the organization that transmits the broadcast.
58"Work" means the literary and/or artistic work offered under the
59terms of this License including without limitation any production in the
60literary, scientific and artistic domain, whatever may be the mode or form of
61its expression including digital form, such as a book, pamphlet and other
62writing; a lecture, address, sermon or other work of the same nature; a
63dramatic or dramatico-musical work; a choreographic work or entertainment in
64dumb show; a musical composition with or without words; a cinematographic work
65to which are assimilated works expressed by a process analogous to
66cinematography; a work of drawing, painting, architecture, sculpture, engraving
67or lithography; a photographic work to which are assimilated works expressed by
68a process analogous to photography; a work of applied art; an illustration,
69map, plan, sketch or three-dimensional work relative to geography, topography,
70architecture or science; a performance; a broadcast; a phonogram; a compilation
71of data to the extent it is protected as a copyrightable work; or a work
72performed by a variety or circus performer to the extent it is not otherwise
73considered a literary or artistic work.
74"You" means an individual or entity exercising rights under this
75License who has not previously violated the terms of this License with respect
76to the Work, or who has received express permission from the Licensor to
77exercise rights under this License despite a previous violation.
78"Publicly Perform" means to perform public recitations of the Work
79and to communicate to the public those public recitations, by any means or
80process, including by wire or wireless means or public digital performances; to
81make available to the public Works in such a way that members of the public may
82access these Works from a place and at a place individually chosen by them; to
83perform the Work to the public by any means or process and the communication to
84the public of the performances of the Work, including by public digital
85performance; to broadcast and rebroadcast the Work by any means including
86signs, sounds or images.
87"Reproduce" means to make copies of the Work by any means including
88without limitation by sound or visual recordings and the right of fixation and
89reproducing fixations of the Work, including storage of a protected performance
90or phonogram in digital form or other electronic medium.
912. Fair Dealing Rights. Nothing in this License is intended to reduce, limit,
92or restrict any uses free from copyright or rights arising from limitations or
93exceptions that are provided for in connection with the copyright protection
94under copyright law or other applicable laws.
95
963. License Grant. Subject to the terms and conditions of this License, Licensor
97hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the
98duration of the applicable copyright) license to exercise the rights in the
99Work as stated below:
100
101to Reproduce the Work, to incorporate the Work into one or more Collections,
102and to Reproduce the Work as incorporated in the Collections;
103to create and Reproduce Adaptations provided that any such Adaptation,
104including any translation in any medium, takes reasonable steps to clearly
105label, demarcate or otherwise identify that changes were made to the original
106Work. For example, a translation could be marked "The original work was
107translated from English to Spanish," or a modification could indicate
108"The original work has been modified.";
109to Distribute and Publicly Perform the Work including as incorporated in
110Collections; and,
111to Distribute and Publicly Perform Adaptations.
112For the avoidance of doubt:
113
114Non-waivable Compulsory License Schemes. In those jurisdictions in which the
115right to collect royalties through any statutory or compulsory licensing scheme
116cannot be waived, the Licensor reserves the exclusive right to collect such
117royalties for any exercise by You of the rights granted under this License;
118Waivable Compulsory License Schemes. In those jurisdictions in which the right
119to collect royalties through any statutory or compulsory licensing scheme can
120be waived, the Licensor waives the exclusive right to collect such royalties
121for any exercise by You of the rights granted under this License; and,
122Voluntary License Schemes. The Licensor waives the right to collect royalties,
123whether individually or, in the event that the Licensor is a member of a
124collecting society that administers voluntary licensing schemes, via that
125society, from any exercise by You of the rights granted under this License.
126The above rights may be exercised in all media and formats whether now known or
127hereafter devised. The above rights include the right to make such
128modifications as are technically necessary to exercise the rights in other
129media and formats. Subject to Section 8(f), all rights not expressly granted by
130Licensor are hereby reserved.
131
1324. Restrictions. The license granted in Section 3 above is expressly made
133subject to and limited by the following restrictions:
134
135You may Distribute or Publicly Perform the Work only under the terms of this
136License. You must include a copy of, or the Uniform Resource Identifier (URI)
137for, this License with every copy of the Work You Distribute or Publicly
138Perform. You may not offer or impose any terms on the Work that restrict the
139terms of this License or the ability of the recipient of the Work to exercise
140the rights granted to that recipient under the terms of the License. You may
141not sublicense the Work. You must keep intact all notices that refer to this
142License and to the disclaimer of warranties with every copy of the Work You
143Distribute or Publicly Perform. When You Distribute or Publicly Perform the
144Work, You may not impose any effective technological measures on the Work that
145restrict the ability of a recipient of the Work from You to exercise the rights
146granted to that recipient under the terms of the License. This Section 4(a)
147applies to the Work as incorporated in a Collection, but this does not require
148the Collection apart from the Work itself to be made subject to the terms of
149this License. If You create a Collection, upon notice from any Licensor You
150must, to the extent practicable, remove from the Collection any credit as
151required by Section 4(b), as requested. If You create an Adaptation, upon
152notice from any Licensor You must, to the extent practicable, remove from the
153Adaptation any credit as required by Section 4(b), as requested.
154If You Distribute, or Publicly Perform the Work or any Adaptations or
155Collections, You must, unless a request has been made pursuant to Section 4(a),
156keep intact all copyright notices for the Work and provide, reasonable to the
157medium or means You are utilizing: (i) the name of the Original Author (or
158pseudonym, if applicable) if supplied, and/or if the Original Author and/or
159Licensor designate another party or parties (e.g., a sponsor institute,
160publishing entity, journal) for attribution ("Attribution Parties")
161in Licensor's copyright notice, terms of service or by other reasonable means,
162the name of such party or parties; (ii) the title of the Work if supplied;
163(iii) to the extent reasonably practicable, the URI, if any, that Licensor
164specifies to be associated with the Work, unless such URI does not refer to the
165copyright notice or licensing information for the Work; and (iv) , consistent
166with Section 3(b), in the case of an Adaptation, a credit identifying the use
167of the Work in the Adaptation (e.g., "French translation of the Work by
168Original Author," or "Screenplay based on original Work by Original
169Author"). The credit required by this Section 4 (b) may be implemented in
170any reasonable manner; provided, however, that in the case of a Adaptation or
171Collection, at a minimum such credit will appear, if a credit for all
172contributing authors of the Adaptation or Collection appears, then as part of
173these credits and in a manner at least as prominent as the credits for the
174other contributing authors. For the avoidance of doubt, You may only use the
175credit required by this Section for the purpose of attribution in the manner
176set out above and, by exercising Your rights under this License, You may not
177implicitly or explicitly assert or imply any connection with, sponsorship or
178endorsement by the Original Author, Licensor and/or Attribution Parties, as
179appropriate, of You or Your use of the Work, without the separate, express
180prior written permission of the Original Author, Licensor and/or Attribution
181Parties.
182Except as otherwise agreed in writing by the Licensor or as may be otherwise
183permitted by applicable law, if You Reproduce, Distribute or Publicly Perform
184the Work either by itself or as part of any Adaptations or Collections, You
185must not distort, mutilate, modify or take other derogatory action in relation
186to the Work which would be prejudicial to the Original Author's honor or
187reputation. Licensor agrees that in those jurisdictions (e.g. Japan), in which
188any exercise of the right granted in Section 3(b) of this License (the right to
189make Adaptations) would be deemed to be a distortion, mutilation, modification
190or other derogatory action prejudicial to the Original Author's honor and
191reputation, the Licensor will waive or not assert, as appropriate, this
192Section, to the fullest extent permitted by the applicable national law, to
193enable You to reasonably exercise Your right under Section 3(b) of this License
194(right to make Adaptations) but not otherwise.
1955. Representations, Warranties and Disclaimer
196
197UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS
198THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
199CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
200WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A
201PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS,
202ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.
203SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH
204EXCLUSION MAY NOT APPLY TO YOU.
205
2066. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN
207NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
208INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS
209LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE
210POSSIBILITY OF SUCH DAMAGES.
211
2127. Termination
213
214This License and the rights granted hereunder will terminate automatically upon
215any breach by You of the terms of this License. Individuals or entities who
216have received Adaptations or Collections from You under this License, however,
217will not have their licenses terminated provided such individuals or entities
218remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8
219will survive any termination of this License.
220Subject to the above terms and conditions, the license granted here is
221perpetual (for the duration of the applicable copyright in the Work).
222Notwithstanding the above, Licensor reserves the right to release the Work
223under different license terms or to stop distributing the Work at any time;
224provided, however that any such election will not serve to withdraw this
225License (or any other license that has been, or is required to be, granted
226under the terms of this License), and this License will continue in full force
227and effect unless terminated as stated above.
2288. Miscellaneous
229
230Each time You Distribute or Publicly Perform the Work or a Collection, the
231Licensor offers to the recipient a license to the Work on the same terms and
232conditions as the license granted to You under this License.
233Each time You Distribute or Publicly Perform an Adaptation, Licensor offers to
234the recipient a license to the original Work on the same terms and conditions
235as the license granted to You under this License.
236If any provision of this License is invalid or unenforceable under applicable
237law, it shall not affect the validity or enforceability of the remainder of the
238terms of this License, and without further action by the parties to this
239agreement, such provision shall be reformed to the minimum extent necessary to
240make such provision valid and enforceable.
241No term or provision of this License shall be deemed waived and no breach
242consented to unless such waiver or consent shall be in writing and signed by
243the party to be charged with such waiver or consent.
244This License constitutes the entire agreement between the parties with respect
245to the Work licensed here. There are no understandings, agreements or
246representations with respect to the Work not specified here. Licensor shall not
247be bound by any additional provisions that may appear in any communication from
248You. This License may not be modified without the mutual written agreement of
249the Licensor and You.
250The rights granted under, and the subject matter referenced, in this License
251were drafted utilizing the terminology of the Berne Convention for the
252Protection of Literary and Artistic Works (as amended on September 28, 1979),
253the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO
254Performances and Phonograms Treaty of 1996 and the Universal Copyright
255Convention (as revised on July 24, 1971). These rights and subject matter take
256effect in the relevant jurisdiction in which the License terms are sought to be
257enforced according to the corresponding provisions of the implementation of
258those treaty provisions in the applicable national law. If the standard suite
259of rights granted under applicable copyright law includes additional rights not
260granted under this License, such additional rights are deemed to be included in
261the License; this License is not intended to restrict the license of any rights
262under applicable law.
263Creative Commons Notice
264
265Creative Commons is not a party to this License, and makes no warranty
266whatsoever in connection with the Work. Creative Commons will not be liable to
267You or any party on any legal theory for any damages whatsoever, including
268without limitation any general, special, incidental or consequential damages
269arising in connection to this license. Notwithstanding the foregoing two (2)
270sentences, if Creative Commons has expressly identified itself as the Licensor
271hereunder, it shall have all rights and obligations of Licensor.
272
273Except for the limited purpose of indicating to the public that the Work is
274licensed under the CCPL, Creative Commons does not authorize the use by either
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277Any permitted use will be in compliance with Creative Commons' then-current
278trademark usage guidelines, as may be published on its website or otherwise
279made available upon request from time to time. For the avoidance of doubt, this
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282Creative Commons may be contacted at http://creativecommons.org/.
283