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1
2Creative Commons
3
4Attribution-NonCommercial 3.0 Unported
5
6CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
7SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT
8RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-
9IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION
10PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
11License
12
13THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
14COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS
15PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER
16THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
17
18BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE
19BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE
20CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE
21IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
22
231. Definitions
24
25"Adaptation" means a work based upon the Work, or upon the Work and
26other pre-existing works, such as a translation, adaptation, derivative work,
27arrangement of music or other alterations of a literary or artistic work, or
28phonogram or performance and includes cinematographic adaptations or any other
29form in which the Work may be recast, transformed, or adapted including in any
30form recognizably derived from the original, except that a work that
31constitutes a Collection will not be considered an Adaptation for the purpose
32of this License. For the avoidance of doubt, where the Work is a musical work,
33performance or phonogram, the synchronization of the Work in timed-relation
34with a moving image ("synching") will be considered an Adaptation for
35the purpose of this License.
36"Collection" means a collection of literary or artistic works, such
37as encyclopedias and anthologies, or performances, phonograms or broadcasts, or
38other works or subject matter other than works listed in Section 1(f) below,
39which, by reason of the selection and arrangement of their contents, constitute
40intellectual creations, in which the Work is included in its entirety in
41unmodified form along with one or more other contributions, each constituting
42separate and independent works in themselves, which together are assembled into
43a collective whole. A work that constitutes a Collection will not be considered
44an Adaptation (as defined above) for the purposes of this License.
45"Distribute" means to make available to the public the original and
46copies of the Work or Adaptation, as appropriate, through sale or other
47transfer of ownership.
48"Licensor" means the individual, individuals, entity or entities that
49offer(s) the Work under the terms of this License.
50"Original Author" means, in the case of a literary or artistic work,
51the individual, individuals, entity or entities who created the Work or if no
52individual or entity can be identified, the publisher; and in addition (i) in
53the case of a performance the actors, singers, musicians, dancers, and other
54persons who act, sing, deliver, declaim, play in, interpret or otherwise
55perform literary or artistic works or expressions of folklore; (ii) in the case
56of a phonogram the producer being the person or legal entity who first fixes
57the sounds of a performance or other sounds; and, (iii) in the case of
58broadcasts, the organization that transmits the broadcast.
59"Work" means the literary and/or artistic work offered under the
60terms of this License including without limitation any production in the
61literary, scientific and artistic domain, whatever may be the mode or form of
62its expression including digital form, such as a book, pamphlet and other
63writing; a lecture, address, sermon or other work of the same nature; a
64dramatic or dramatico-musical work; a choreographic work or entertainment in
65dumb show; a musical composition with or without words; a cinematographic work
66to which are assimilated works expressed by a process analogous to
67cinematography; a work of drawing, painting, architecture, sculpture, engraving
68or lithography; a photographic work to which are assimilated works expressed by
69a process analogous to photography; a work of applied art; an illustration,
70map, plan, sketch or three-dimensional work relative to geography, topography,
71architecture or science; a performance; a broadcast; a phonogram; a compilation
72of data to the extent it is protected as a copyrightable work; or a work
73performed by a variety or circus performer to the extent it is not otherwise
74considered a literary or artistic work.
75"You" means an individual or entity exercising rights under this
76License who has not previously violated the terms of this License with respect
77to the Work, or who has received express permission from the Licensor to
78exercise rights under this License despite a previous violation.
79"Publicly Perform" means to perform public recitations of the Work
80and to communicate to the public those public recitations, by any means or
81process, including by wire or wireless means or public digital performances; to
82make available to the public Works in such a way that members of the public may
83access these Works from a place and at a place individually chosen by them; to
84perform the Work to the public by any means or process and the communication to
85the public of the performances of the Work, including by public digital
86performance; to broadcast and rebroadcast the Work by any means including
87signs, sounds or images.
88"Reproduce" means to make copies of the Work by any means including
89without limitation by sound or visual recordings and the right of fixation and
90reproducing fixations of the Work, including storage of a protected performance
91or phonogram in digital form or other electronic medium.
922. Fair Dealing Rights. Nothing in this License is intended to reduce, limit,
93or restrict any uses free from copyright or rights arising from limitations or
94exceptions that are provided for in connection with the copyright protection
95under copyright law or other applicable laws.
96
973. License Grant. Subject to the terms and conditions of this License, Licensor
98hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the
99duration of the applicable copyright) license to exercise the rights in the
100Work as stated below:
101
102to Reproduce the Work, to incorporate the Work into one or more Collections,
103and to Reproduce the Work as incorporated in the Collections;
104to create and Reproduce Adaptations provided that any such Adaptation,
105including any translation in any medium, takes reasonable steps to clearly
106label, demarcate or otherwise identify that changes were made to the original
107Work. For example, a translation could be marked "The original work was
108translated from English to Spanish," or a modification could indicate
109"The original work has been modified.";
110to Distribute and Publicly Perform the Work including as incorporated in
111Collections; and,
112to Distribute and Publicly Perform Adaptations.
113The above rights may be exercised in all media and formats whether now known or
114hereafter devised. The above rights include the right to make such
115modifications as are technically necessary to exercise the rights in other
116media and formats. Subject to Section 8(f), all rights not expressly granted by
117Licensor are hereby reserved, including but not limited to the rights set forth
118in Section 4(d).
119
1204. Restrictions. The license granted in Section 3 above is expressly made
121subject to and limited by the following restrictions:
122
123You may Distribute or Publicly Perform the Work only under the terms of this
124License. You must include a copy of, or the Uniform Resource Identifier (URI)
125for, this License with every copy of the Work You Distribute or Publicly
126Perform. You may not offer or impose any terms on the Work that restrict the
127terms of this License or the ability of the recipient of the Work to exercise
128the rights granted to that recipient under the terms of the License. You may
129not sublicense the Work. You must keep intact all notices that refer to this
130License and to the disclaimer of warranties with every copy of the Work You
131Distribute or Publicly Perform. When You Distribute or Publicly Perform the
132Work, You may not impose any effective technological measures on the Work that
133restrict the ability of a recipient of the Work from You to exercise the rights
134granted to that recipient under the terms of the License. This Section 4(a)
135applies to the Work as incorporated in a Collection, but this does not require
136the Collection apart from the Work itself to be made subject to the terms of
137this License. If You create a Collection, upon notice from any Licensor You
138must, to the extent practicable, remove from the Collection any credit as
139required by Section 4(c), as requested. If You create an Adaptation, upon
140notice from any Licensor You must, to the extent practicable, remove from the
141Adaptation any credit as required by Section 4(c), as requested.
142You may not exercise any of the rights granted to You in Section 3 above in any
143manner that is primarily intended for or directed toward commercial advantage
144or private monetary compensation. The exchange of the Work for other
145copyrighted works by means of digital file-sharing or otherwise shall not be
146considered to be intended for or directed toward commercial advantage or
147private monetary compensation, provided there is no payment of any monetary
148compensation in connection with the exchange of copyrighted works.
149If You Distribute, or Publicly Perform the Work or any Adaptations or
150Collections, You must, unless a request has been made pursuant to Section 4(a),
151keep intact all copyright notices for the Work and provide, reasonable to the
152medium or means You are utilizing: (i) the name of the Original Author (or
153pseudonym, if applicable) if supplied, and/or if the Original Author and/or
154Licensor designate another party or parties (e.g., a sponsor institute,
155publishing entity, journal) for attribution ("Attribution Parties")
156in Licensor's copyright notice, terms of service or by other reasonable means,
157the name of such party or parties; (ii) the title of the Work if supplied;
158(iii) to the extent reasonably practicable, the URI, if any, that Licensor
159specifies to be associated with the Work, unless such URI does not refer to the
160copyright notice or licensing information for the Work; and, (iv) consistent
161with Section 3(b), in the case of an Adaptation, a credit identifying the use
162of the Work in the Adaptation (e.g., "French translation of the Work by
163Original Author," or "Screenplay based on original Work by Original
164Author"). The credit required by this Section 4(c) may be implemented in
165any reasonable manner; provided, however, that in the case of a Adaptation or
166Collection, at a minimum such credit will appear, if a credit for all
167contributing authors of the Adaptation or Collection appears, then as part of
168these credits and in a manner at least as prominent as the credits for the
169other contributing authors. For the avoidance of doubt, You may only use the
170credit required by this Section for the purpose of attribution in the manner
171set out above and, by exercising Your rights under this License, You may not
172implicitly or explicitly assert or imply any connection with, sponsorship or
173endorsement by the Original Author, Licensor and/or Attribution Parties, as
174appropriate, of You or Your use of the Work, without the separate, express
175prior written permission of the Original Author, Licensor and/or Attribution
176Parties.
177For the avoidance of doubt:
178
179Non-waivable Compulsory License Schemes. In those jurisdictions in which the
180right to collect royalties through any statutory or compulsory licensing scheme
181cannot be waived, the Licensor reserves the exclusive right to collect such
182royalties for any exercise by You of the rights granted under this License;
183Waivable Compulsory License Schemes. In those jurisdictions in which the right
184to collect royalties through any statutory or compulsory licensing scheme can
185be waived, the Licensor reserves the exclusive right to collect such royalties
186for any exercise by You of the rights granted under this License if Your
187exercise of such rights is for a purpose or use which is otherwise than
188noncommercial as permitted under Section 4(b) and otherwise waives the right to
189collect royalties through any statutory or compulsory licensing scheme; and,
190Voluntary License Schemes. The Licensor reserves the right to collect
191royalties, whether individually or, in the event that the Licensor is a member
192of a collecting society that administers voluntary licensing schemes, via that
193society, from any exercise by You of the rights granted under this License that
194is for a purpose or use which is otherwise than noncommercial as permitted
195under Section 4(c).
196Except as otherwise agreed in writing by the Licensor or as may be otherwise
197permitted by applicable law, if You Reproduce, Distribute or Publicly Perform
198the Work either by itself or as part of any Adaptations or Collections, You
199must not distort, mutilate, modify or take other derogatory action in relation
200to the Work which would be prejudicial to the Original Author's honor or
201reputation. Licensor agrees that in those jurisdictions (e.g. Japan), in which
202any exercise of the right granted in Section 3(b) of this License (the right to
203make Adaptations) would be deemed to be a distortion, mutilation, modification
204or other derogatory action prejudicial to the Original Author's honor and
205reputation, the Licensor will waive or not assert, as appropriate, this
206Section, to the fullest extent permitted by the applicable national law, to
207enable You to reasonably exercise Your right under Section 3(b) of this License
208(right to make Adaptations) but not otherwise.
2095. Representations, Warranties and Disclaimer
210
211UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS
212THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
213CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
214WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A
215PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS,
216ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.
217SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH
218EXCLUSION MAY NOT APPLY TO YOU.
219
2206. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN
221NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
222INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS
223LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE
224POSSIBILITY OF SUCH DAMAGES.
225
2267. Termination
227
228This License and the rights granted hereunder will terminate automatically upon
229any breach by You of the terms of this License. Individuals or entities who
230have received Adaptations or Collections from You under this License, however,
231will not have their licenses terminated provided such individuals or entities
232remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8
233will survive any termination of this License.
234Subject to the above terms and conditions, the license granted here is
235perpetual (for the duration of the applicable copyright in the Work).
236Notwithstanding the above, Licensor reserves the right to release the Work
237under different license terms or to stop distributing the Work at any time;
238provided, however that any such election will not serve to withdraw this
239License (or any other license that has been, or is required to be, granted
240under the terms of this License), and this License will continue in full force
241and effect unless terminated as stated above.
2428. Miscellaneous
243
244Each time You Distribute or Publicly Perform the Work or a Collection, the
245Licensor offers to the recipient a license to the Work on the same terms and
246conditions as the license granted to You under this License.
247Each time You Distribute or Publicly Perform an Adaptation, Licensor offers to
248the recipient a license to the original Work on the same terms and conditions
249as the license granted to You under this License.
250If any provision of this License is invalid or unenforceable under applicable
251law, it shall not affect the validity or enforceability of the remainder of the
252terms of this License, and without further action by the parties to this
253agreement, such provision shall be reformed to the minimum extent necessary to
254make such provision valid and enforceable.
255No term or provision of this License shall be deemed waived and no breach
256consented to unless such waiver or consent shall be in writing and signed by
257the party to be charged with such waiver or consent.
258This License constitutes the entire agreement between the parties with respect
259to the Work licensed here. There are no understandings, agreements or
260representations with respect to the Work not specified here. Licensor shall not
261be bound by any additional provisions that may appear in any communication from
262You. This License may not be modified without the mutual written agreement of
263the Licensor and You.
264The rights granted under, and the subject matter referenced, in this License
265were drafted utilizing the terminology of the Berne Convention for the
266Protection of Literary and Artistic Works (as amended on September 28, 1979),
267the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO
268Performances and Phonograms Treaty of 1996 and the Universal Copyright
269Convention (as revised on July 24, 1971). These rights and subject matter take
270effect in the relevant jurisdiction in which the License terms are sought to be
271enforced according to the corresponding provisions of the implementation of
272those treaty provisions in the applicable national law. If the standard suite
273of rights granted under applicable copyright law includes additional rights not
274granted under this License, such additional rights are deemed to be included in
275the License; this License is not intended to restrict the license of any rights
276under applicable law.
277Creative Commons Notice
278
279Creative Commons is not a party to this License, and makes no warranty
280whatsoever in connection with the Work. Creative Commons will not be liable to
281You or any party on any legal theory for any damages whatsoever, including
282without limitation any general, special, incidental or consequential damages
283arising in connection to this license. Notwithstanding the foregoing two (2)
284sentences, if Creative Commons has expressly identified itself as the Licensor
285hereunder, it shall have all rights and obligations of Licensor.
286
287Except for the limited purpose of indicating to the public that the Work is
288licensed under the CCPL, Creative Commons does not authorize the use by either
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290logo of Creative Commons without the prior written consent of Creative Commons.
291Any permitted use will be in compliance with Creative Commons' then-current
292trademark usage guidelines, as may be published on its website or otherwise
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296Creative Commons may be contacted at http://creativecommons.org/.
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