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1 | |||
2 | Creative Commons | ||
3 | |||
4 | |||
5 | Attribution-NonCommercial 2.5 | ||
6 | |||
7 | CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL | ||
8 | SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT | ||
9 | RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS- | ||
10 | IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION | ||
11 | PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE. | ||
12 | License | ||
13 | |||
14 | THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE | ||
15 | COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS | ||
16 | PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER | ||
17 | THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED. | ||
18 | |||
19 | BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE | ||
20 | BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS | ||
21 | CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND | ||
22 | CONDITIONS. | ||
23 | |||
24 | 1. Definitions | ||
25 | |||
26 | "Collective Work" means a work, such as a periodical issue, anthology | ||
27 | or encyclopedia, in which the Work in its entirety in unmodified form, along | ||
28 | with a number of other contributions, constituting separate and independent | ||
29 | works in themselves, are assembled into a collective whole. A work that | ||
30 | constitutes a Collective Work will not be considered a Derivative Work (as | ||
31 | defined below) for the purposes of this License. | ||
32 | "Derivative Work" means a work based upon the Work or upon the Work | ||
33 | and other pre-existing works, such as a translation, musical arrangement, | ||
34 | dramatization, fictionalization, motion picture version, sound recording, art | ||
35 | reproduction, abridgment, condensation, or any other form in which the Work may | ||
36 | be recast, transformed, or adapted, except that a work that constitutes a | ||
37 | Collective Work will not be considered a Derivative Work for the purpose of | ||
38 | this License. For the avoidance of doubt, where the Work is a musical | ||
39 | composition or sound recording, the synchronization of the Work in timed- | ||
40 | relation with a moving image ("synching") will be considered a | ||
41 | Derivative Work for the purpose of this License. | ||
42 | "Licensor" means the individual or entity that offers the Work under | ||
43 | the terms of this License. | ||
44 | "Original Author" means the individual or entity who created the | ||
45 | Work. | ||
46 | "Work" means the copyrightable work of authorship offered under the | ||
47 | terms of this License. | ||
48 | "You" means an individual or entity exercising rights under this | ||
49 | License who has not previously violated the terms of this License with respect | ||
50 | to the Work, or who has received express permission from the Licensor to | ||
51 | exercise rights under this License despite a previous violation. | ||
52 | 2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or | ||
53 | restrict any rights arising from fair use, first sale or other limitations on | ||
54 | the exclusive rights of the copyright owner under copyright law or other | ||
55 | applicable laws. | ||
56 | |||
57 | 3. License Grant. Subject to the terms and conditions of this License, Licensor | ||
58 | hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the | ||
59 | duration of the applicable copyright) license to exercise the rights in the | ||
60 | Work as stated below: | ||
61 | |||
62 | to reproduce the Work, to incorporate the Work into one or more Collective | ||
63 | Works, and to reproduce the Work as incorporated in the Collective Works; | ||
64 | to create and reproduce Derivative Works; | ||
65 | to distribute copies or phonorecords of, display publicly, perform publicly, | ||
66 | and perform publicly by means of a digital audio transmission the Work | ||
67 | including as incorporated in Collective Works; | ||
68 | to distribute copies or phonorecords of, display publicly, perform publicly, | ||
69 | and perform publicly by means of a digital audio transmission Derivative Works; | ||
70 | The above rights may be exercised in all media and formats whether now known or | ||
71 | hereafter devised. The above rights include the right to make such | ||
72 | modifications as are technically necessary to exercise the rights in other | ||
73 | media and formats. All rights not expressly granted by Licensor are hereby | ||
74 | reserved, including but not limited to the rights set forth in Sections 4(d) | ||
75 | and 4(e). | ||
76 | |||
77 | 4. Restrictions.The license granted in Section 3 above is expressly made | ||
78 | subject to and limited by the following restrictions: | ||
79 | |||
80 | You may distribute, publicly display, publicly perform, or publicly digitally | ||
81 | perform the Work only under the terms of this License, and You must include a | ||
82 | copy of, or the Uniform Resource Identifier for, this License with every copy | ||
83 | or phonorecord of the Work You distribute, publicly display, publicly perform, | ||
84 | or publicly digitally perform. You may not offer or impose any terms on the | ||
85 | Work that alter or restrict the terms of this License or the recipients' | ||
86 | exercise of the rights granted hereunder. You may not sublicense the Work. You | ||
87 | must keep intact all notices that refer to this License and to the disclaimer | ||
88 | of warranties. You may not distribute, publicly display, publicly perform, or | ||
89 | publicly digitally perform the Work with any technological measures that | ||
90 | control access or use of the Work in a manner inconsistent with the terms of | ||
91 | this License Agreement. The above applies to the Work as incorporated in a | ||
92 | Collective Work, but this does not require the Collective Work apart from the | ||
93 | Work itself to be made subject to the terms of this License. If You create a | ||
94 | Collective Work, upon notice from any Licensor You must, to the extent | ||
95 | practicable, remove from the Collective Work any credit as required by clause 4 | ||
96 | (c), as requested. If You create a Derivative Work, upon notice from any | ||
97 | Licensor You must, to the extent practicable, remove from the Derivative Work | ||
98 | any credit as required by clause 4(c), as requested. | ||
99 | You may not exercise any of the rights granted to You in Section 3 above in any | ||
100 | manner that is primarily intended for or directed toward commercial advantage | ||
101 | or private monetary compensation. The exchange of the Work for other | ||
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104 | private monetary compensation, provided there is no payment of any monetary | ||
105 | compensation in connection with the exchange of copyrighted works. | ||
106 | If you distribute, publicly display, publicly perform, or publicly digitally | ||
107 | perform the Work or any Derivative Works or Collective Works, You must keep | ||
108 | intact all copyright notices for the Work and provide, reasonable to the medium | ||
109 | or means You are utilizing: (i) the name of Original Author (or pseudonym, if | ||
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117 | licensing information for the Work; and in the case of a Derivative Work, a | ||
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120 | "Screenplay based on original Work by Original Author"). Such credit | ||
121 | may be implemented in any reasonable manner; provided, however, that in the | ||
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124 | least as prominent as such other comparable authorship credit. | ||
125 | For the avoidance of doubt, where the Work is a musical composition: | ||
126 | |||
127 | Performance Royalties Under Blanket Licenses. Licensor reserves the exclusive | ||
128 | right to collect, whether individually or via a performance rights society | ||
129 | (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public | ||
130 | digital performance (e.g. webcast) of the Work if that performance is primarily | ||
131 | intended for or directed toward commercial advantage or private monetary | ||
132 | compensation. | ||
133 | Mechanical Rights and Statutory Royalties. Licensor reserves the exclusive | ||
134 | right to collect, whether individually or via a music rights agency or | ||
135 | designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You | ||
136 | create from the Work ("cover version") and distribute, subject to the | ||
137 | compulsory license created by 17 USC Section 115 of the US Copyright Act (or | ||
138 | the equivalent in other jurisdictions), if Your distribution of such cover | ||
139 | version is primarily intended for or directed toward commercial advantage or | ||
140 | private monetary compensation. | ||
141 | Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where | ||
142 | the Work is a sound recording, Licensor reserves the exclusive right to | ||
143 | collect, whether individually or via a performance-rights society (e.g. | ||
144 | SoundExchange), royalties for the public digital performance (e.g. webcast) of | ||
145 | the Work, subject to the compulsory license created by 17 USC Section 114 of | ||
146 | the US Copyright Act (or the equivalent in other jurisdictions), if Your public | ||
147 | digital performance is primarily intended for or directed toward commercial | ||
148 | advantage or private monetary compensation. | ||
149 | 5. Representations, Warranties and Disclaimer | ||
150 | |||
151 | UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS | ||
152 | THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND | ||
153 | CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, | ||
154 | WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A | ||
155 | PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, | ||
156 | ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. | ||
157 | SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH | ||
158 | EXCLUSION MAY NOT APPLY TO YOU. | ||
159 | |||
160 | 6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN | ||
161 | NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, | ||
162 | INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS | ||
163 | LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE | ||
164 | POSSIBILITY OF SUCH DAMAGES. | ||
165 | |||
166 | 7. Termination | ||
167 | |||
168 | This License and the rights granted hereunder will terminate automatically upon | ||
169 | any breach by You of the terms of this License. Individuals or entities who | ||
170 | have received Derivative Works or Collective Works from You under this License, | ||
171 | however, will not have their licenses terminated provided such individuals or | ||
172 | entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, | ||
173 | and 8 will survive any termination of this License. | ||
174 | Subject to the above terms and conditions, the license granted here is | ||
175 | perpetual (for the duration of the applicable copyright in the Work). | ||
176 | Notwithstanding the above, Licensor reserves the right to release the Work | ||
177 | under different license terms or to stop distributing the Work at any time; | ||
178 | provided, however that any such election will not serve to withdraw this | ||
179 | License (or any other license that has been, or is required to be, granted | ||
180 | under the terms of this License), and this License will continue in full force | ||
181 | and effect unless terminated as stated above. | ||
182 | 8. Miscellaneous | ||
183 | |||
184 | Each time You distribute or publicly digitally perform the Work or a Collective | ||
185 | Work, the Licensor offers to the recipient a license to the Work on the same | ||
186 | terms and conditions as the license granted to You under this License. | ||
187 | Each time You distribute or publicly digitally perform a Derivative Work, | ||
188 | Licensor offers to the recipient a license to the original Work on the same | ||
189 | terms and conditions as the license granted to You under this License. | ||
190 | If any provision of this License is invalid or unenforceable under applicable | ||
191 | law, it shall not affect the validity or enforceability of the remainder of the | ||
192 | terms of this License, and without further action by the parties to this | ||
193 | agreement, such provision shall be reformed to the minimum extent necessary to | ||
194 | make such provision valid and enforceable. | ||
195 | No term or provision of this License shall be deemed waived and no breach | ||
196 | consented to unless such waiver or consent shall be in writing and signed by | ||
197 | the party to be charged with such waiver or consent. | ||
198 | This License constitutes the entire agreement between the parties with respect | ||
199 | to the Work licensed here. There are no understandings, agreements or | ||
200 | representations with respect to the Work not specified here. Licensor shall not | ||
201 | be bound by any additional provisions that may appear in any communication from | ||
202 | You. This License may not be modified without the mutual written agreement of | ||
203 | the Licensor and You. | ||
204 | Creative Commons is not a party to this License, and makes no warranty | ||
205 | whatsoever in connection with the Work. Creative Commons will not be liable to | ||
206 | You or any party on any legal theory for any damages whatsoever, including | ||
207 | without limitation any general, special, incidental or consequential damages | ||
208 | arising in connection to this license. Notwithstanding the foregoing two (2) | ||
209 | sentences, if Creative Commons has expressly identified itself as the Licensor | ||
210 | hereunder, it shall have all rights and obligations of Licensor. | ||
211 | |||
212 | Except for the limited purpose of indicating to the public that the Work is | ||
213 | licensed under the CCPL, neither party will use the trademark "Creative | ||
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215 | prior written consent of Creative Commons. Any permitted use will be in | ||
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217 | may be published on its website or otherwise made available upon request from | ||
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219 | |||
220 | Creative Commons may be contacted at http://creativecommons.org/. | ||