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1
2Creative Commons
3
4Attribution-NonCommercial-NoDerivs 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 through sale or other transfer 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; and,
103to Distribute and Publicly Perform the Work including as incorporated in
104Collections.
105The above rights may be exercised in all media and formats whether now known or
106hereafter devised. The above rights include the right to make such
107modifications as are technically necessary to exercise the rights in other
108media and formats, but otherwise you have no rights to make Adaptations.
109Subject to 8(f), all rights not expressly granted by Licensor are hereby
110reserved, including but not limited to the rights set forth in Section 4(d).
111
1124. Restrictions. The license granted in Section 3 above is expressly made
113subject to and limited by the following restrictions:
114
115You may Distribute or Publicly Perform the Work only under the terms of this
116License. You must include a copy of, or the Uniform Resource Identifier (URI)
117for, this License with every copy of the Work You Distribute or Publicly
118Perform. You may not offer or impose any terms on the Work that restrict the
119terms of this License or the ability of the recipient of the Work to exercise
120the rights granted to that recipient under the terms of the License. You may
121not sublicense the Work. You must keep intact all notices that refer to this
122License and to the disclaimer of warranties with every copy of the Work You
123Distribute or Publicly Perform. When You Distribute or Publicly Perform the
124Work, You may not impose any effective technological measures on the Work that
125restrict the ability of a recipient of the Work from You to exercise the rights
126granted to that recipient under the terms of the License. This Section 4(a)
127applies to the Work as incorporated in a Collection, but this does not require
128the Collection apart from the Work itself to be made subject to the terms of
129this License. If You create a Collection, upon notice from any Licensor You
130must, to the extent practicable, remove from the Collection any credit as
131required by Section 4(c), as requested.
132You may not exercise any of the rights granted to You in Section 3 above in any
133manner that is primarily intended for or directed toward commercial advantage
134or private monetary compensation. The exchange of the Work for other
135copyrighted works by means of digital file-sharing or otherwise shall not be
136considered to be intended for or directed toward commercial advantage or
137private monetary compensation, provided there is no payment of any monetary
138compensation in connection with the exchange of copyrighted works.
139If You Distribute, or Publicly Perform the Work or Collections, You must,
140unless a request has been made pursuant to Section 4(a), keep intact all
141copyright notices for the Work and provide, reasonable to the medium or means
142You are utilizing: (i) the name of the Original Author (or pseudonym, if
143applicable) if supplied, and/or if the Original Author and/or Licensor
144designate another party or parties (e.g., a sponsor institute, publishing
145entity, journal) for attribution ("Attribution Parties") in
146Licensor's copyright notice, terms of service or by other reasonable means, the
147name of such party or parties; (ii) the title of the Work if supplied; (iii) to
148the extent reasonably practicable, the URI, if any, that Licensor specifies to
149be associated with the Work, unless such URI does not refer to the copyright
150notice or licensing information for the Work. The credit required by this
151Section 4(c) may be implemented in any reasonable manner; provided, however,
152that in the case of a Collection, at a minimum such credit will appear, if a
153credit for all contributing authors of Collection appears, then as part of
154these credits and in a manner at least as prominent as the credits for the
155other contributing authors. For the avoidance of doubt, You may only use the
156credit required by this Section for the purpose of attribution in the manner
157set out above and, by exercising Your rights under this License, You may not
158implicitly or explicitly assert or imply any connection with, sponsorship or
159endorsement by the Original Author, Licensor and/or Attribution Parties, as
160appropriate, of You or Your use of the Work, without the separate, express
161prior written permission of the Original Author, Licensor and/or Attribution
162Parties.
163For the avoidance of doubt:
164
165Non-waivable Compulsory License Schemes. In those jurisdictions in which the
166right to collect royalties through any statutory or compulsory licensing scheme
167cannot be waived, the Licensor reserves the exclusive right to collect such
168royalties for any exercise by You of the rights granted under this License;
169Waivable Compulsory License Schemes. In those jurisdictions in which the right
170to collect royalties through any statutory or compulsory licensing scheme can
171be waived, the Licensor reserves the exclusive right to collect such royalties
172for any exercise by You of the rights granted under this License if Your
173exercise of such rights is for a purpose or use which is otherwise than
174noncommercial as permitted under Section 4(b) and otherwise waives the right to
175collect royalties through any statutory or compulsory licensing scheme; and,
176Voluntary License Schemes. The Licensor reserves the right to collect
177royalties, whether individually or, in the event that the Licensor is a member
178of a collecting society that administers voluntary licensing schemes, via that
179society, from any exercise by You of the rights granted under this License that
180is for a purpose or use which is otherwise than noncommercial as permitted
181under Section 4(b).
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 Collections, You must not distort,
185mutilate, modify or take other derogatory action in relation to the Work which
186would be prejudicial to the Original Author's honor or reputation.
1875. Representations, Warranties and Disclaimer
188
189UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES IN WRITING, LICENSOR OFFERS THE
190WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING
191THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT
192LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR
193PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY,
194OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME
195JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH
196EXCLUSION MAY NOT APPLY TO YOU.
197
1986. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN
199NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
200INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS
201LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE
202POSSIBILITY OF SUCH DAMAGES.
203
2047. Termination
205
206This License and the rights granted hereunder will terminate automatically upon
207any breach by You of the terms of this License. Individuals or entities who
208have received Collections from You under this License, however, will not have
209their licenses terminated provided such individuals or entities remain in full
210compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any
211termination of this License.
212Subject to the above terms and conditions, the license granted here is
213perpetual (for the duration of the applicable copyright in the Work).
214Notwithstanding the above, Licensor reserves the right to release the Work
215under different license terms or to stop distributing the Work at any time;
216provided, however that any such election will not serve to withdraw this
217License (or any other license that has been, or is required to be, granted
218under the terms of this License), and this License will continue in full force
219and effect unless terminated as stated above.
2208. Miscellaneous
221
222Each time You Distribute or Publicly Perform the Work or a Collection, the
223Licensor offers to the recipient a license to the Work on the same terms and
224conditions as the license granted to You under this License.
225If any provision of this License is invalid or unenforceable under applicable
226law, it shall not affect the validity or enforceability of the remainder of the
227terms of this License, and without further action by the parties to this
228agreement, such provision shall be reformed to the minimum extent necessary to
229make such provision valid and enforceable.
230No term or provision of this License shall be deemed waived and no breach
231consented to unless such waiver or consent shall be in writing and signed by
232the party to be charged with such waiver or consent.
233This License constitutes the entire agreement between the parties with respect
234to the Work licensed here. There are no understandings, agreements or
235representations with respect to the Work not specified here. Licensor shall not
236be bound by any additional provisions that may appear in any communication from
237You. This License may not be modified without the mutual written agreement of
238the Licensor and You.
239The rights granted under, and the subject matter referenced, in this License
240were drafted utilizing the terminology of the Berne Convention for the
241Protection of Literary and Artistic Works (as amended on September 28, 1979),
242the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO
243Performances and Phonograms Treaty of 1996 and the Universal Copyright
244Convention (as revised on July 24, 1971). These rights and subject matter take
245effect in the relevant jurisdiction in which the License terms are sought to be
246enforced according to the corresponding provisions of the implementation of
247those treaty provisions in the applicable national law. If the standard suite
248of rights granted under applicable copyright law includes additional rights not
249granted under this License, such additional rights are deemed to be included in
250the License; this License is not intended to restrict the license of any rights
251under applicable law.
252Creative Commons Notice
253
254Creative Commons is not a party to this License, and makes no warranty
255whatsoever in connection with the Work. Creative Commons will not be liable to
256You or any party on any legal theory for any damages whatsoever, including
257without limitation any general, special, incidental or consequential damages
258arising in connection to this license. Notwithstanding the foregoing two (2)
259sentences, if Creative Commons has expressly identified itself as the Licensor
260hereunder, it shall have all rights and obligations of Licensor.
261
262Except for the limited purpose of indicating to the public that the Work is
263licensed under the CCPL, Creative Commons does not authorize the use by either
264party of the trademark "Creative Commons" or any related trademark or
265logo of Creative Commons without the prior written consent of Creative Commons.
266Any permitted use will be in compliance with Creative Commons' then-current
267trademark usage guidelines, as may be published on its website or otherwise
268made available upon request from time to time. For the avoidance of doubt, this
269trademark restriction does not form part of this License.
270
271Creative Commons may be contacted at http://creativecommons.org/.
272