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1 | |||
2 | Creative Commons | ||
3 | |||
4 | Attribution-NonCommercial-ShareAlike 3.0 Unported | ||
5 | |||
6 | CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL | ||
7 | SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT | ||
8 | RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS- | ||
9 | IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION | ||
10 | PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE. | ||
11 | License | ||
12 | |||
13 | THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE | ||
14 | COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS | ||
15 | PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER | ||
16 | THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED. | ||
17 | |||
18 | BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE | ||
19 | BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE | ||
20 | CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE | ||
21 | IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS. | ||
22 | |||
23 | 1. Definitions | ||
24 | |||
25 | "Adaptation" means a work based upon the Work, or upon the Work and | ||
26 | other pre-existing works, such as a translation, adaptation, derivative work, | ||
27 | arrangement of music or other alterations of a literary or artistic work, or | ||
28 | phonogram or performance and includes cinematographic adaptations or any other | ||
29 | form in which the Work may be recast, transformed, or adapted including in any | ||
30 | form recognizably derived from the original, except that a work that | ||
31 | constitutes a Collection will not be considered an Adaptation for the purpose | ||
32 | of this License. For the avoidance of doubt, where the Work is a musical work, | ||
33 | performance or phonogram, the synchronization of the Work in timed-relation | ||
34 | with a moving image ("synching") will be considered an Adaptation for | ||
35 | the purpose of this License. | ||
36 | "Collection" means a collection of literary or artistic works, such | ||
37 | as encyclopedias and anthologies, or performances, phonograms or broadcasts, or | ||
38 | other works or subject matter other than works listed in Section 1(g) below, | ||
39 | which, by reason of the selection and arrangement of their contents, constitute | ||
40 | intellectual creations, in which the Work is included in its entirety in | ||
41 | unmodified form along with one or more other contributions, each constituting | ||
42 | separate and independent works in themselves, which together are assembled into | ||
43 | a collective whole. A work that constitutes a Collection will not be considered | ||
44 | an Adaptation (as defined above) for the purposes of this License. | ||
45 | "Distribute" means to make available to the public the original and | ||
46 | copies of the Work or Adaptation, as appropriate, through sale or other | ||
47 | transfer of ownership. | ||
48 | "License Elements" means the following high-level license attributes | ||
49 | as selected by Licensor and indicated in the title of this License: | ||
50 | Attribution, Noncommercial, ShareAlike. | ||
51 | "Licensor" means the individual, individuals, entity or entities that | ||
52 | offer(s) the Work under the terms of this License. | ||
53 | "Original Author" means, in the case of a literary or artistic work, | ||
54 | the individual, individuals, entity or entities who created the Work or if no | ||
55 | individual or entity can be identified, the publisher; and in addition (i) in | ||
56 | the case of a performance the actors, singers, musicians, dancers, and other | ||
57 | persons who act, sing, deliver, declaim, play in, interpret or otherwise | ||
58 | perform literary or artistic works or expressions of folklore; (ii) in the case | ||
59 | of a phonogram the producer being the person or legal entity who first fixes | ||
60 | the sounds of a performance or other sounds; and, (iii) in the case of | ||
61 | broadcasts, the organization that transmits the broadcast. | ||
62 | "Work" means the literary and/or artistic work offered under the | ||
63 | terms of this License including without limitation any production in the | ||
64 | literary, scientific and artistic domain, whatever may be the mode or form of | ||
65 | its expression including digital form, such as a book, pamphlet and other | ||
66 | writing; a lecture, address, sermon or other work of the same nature; a | ||
67 | dramatic or dramatico-musical work; a choreographic work or entertainment in | ||
68 | dumb show; a musical composition with or without words; a cinematographic work | ||
69 | to which are assimilated works expressed by a process analogous to | ||
70 | cinematography; a work of drawing, painting, architecture, sculpture, engraving | ||
71 | or lithography; a photographic work to which are assimilated works expressed by | ||
72 | a process analogous to photography; a work of applied art; an illustration, | ||
73 | map, plan, sketch or three-dimensional work relative to geography, topography, | ||
74 | architecture or science; a performance; a broadcast; a phonogram; a compilation | ||
75 | of data to the extent it is protected as a copyrightable work; or a work | ||
76 | performed by a variety or circus performer to the extent it is not otherwise | ||
77 | considered a literary or artistic work. | ||
78 | "You" means an individual or entity exercising rights under this | ||
79 | License who has not previously violated the terms of this License with respect | ||
80 | to the Work, or who has received express permission from the Licensor to | ||
81 | exercise rights under this License despite a previous violation. | ||
82 | "Publicly Perform" means to perform public recitations of the Work | ||
83 | and to communicate to the public those public recitations, by any means or | ||
84 | process, including by wire or wireless means or public digital performances; to | ||
85 | make available to the public Works in such a way that members of the public may | ||
86 | access these Works from a place and at a place individually chosen by them; to | ||
87 | perform the Work to the public by any means or process and the communication to | ||
88 | the public of the performances of the Work, including by public digital | ||
89 | performance; to broadcast and rebroadcast the Work by any means including | ||
90 | signs, sounds or images. | ||
91 | "Reproduce" means to make copies of the Work by any means including | ||
92 | without limitation by sound or visual recordings and the right of fixation and | ||
93 | reproducing fixations of the Work, including storage of a protected performance | ||
94 | or phonogram in digital form or other electronic medium. | ||
95 | 2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit, | ||
96 | or restrict any uses free from copyright or rights arising from limitations or | ||
97 | exceptions that are provided for in connection with the copyright protection | ||
98 | under copyright law or other applicable laws. | ||
99 | |||
100 | 3. License Grant. Subject to the terms and conditions of this License, Licensor | ||
101 | hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the | ||
102 | duration of the applicable copyright) license to exercise the rights in the | ||
103 | Work as stated below: | ||
104 | |||
105 | to Reproduce the Work, to incorporate the Work into one or more Collections, | ||
106 | and to Reproduce the Work as incorporated in the Collections; | ||
107 | to create and Reproduce Adaptations provided that any such Adaptation, | ||
108 | including any translation in any medium, takes reasonable steps to clearly | ||
109 | label, demarcate or otherwise identify that changes were made to the original | ||
110 | Work. For example, a translation could be marked "The original work was | ||
111 | translated from English to Spanish," or a modification could indicate | ||
112 | "The original work has been modified."; | ||
113 | to Distribute and Publicly Perform the Work including as incorporated in | ||
114 | Collections; and, | ||
115 | to Distribute and Publicly Perform Adaptations. | ||
116 | The above rights may be exercised in all media and formats whether now known or | ||
117 | hereafter devised. The above rights include the right to make such | ||
118 | modifications as are technically necessary to exercise the rights in other | ||
119 | media and formats. Subject to Section 8(f), all rights not expressly granted by | ||
120 | Licensor are hereby reserved, including but not limited to the rights described | ||
121 | in Section 4(e). | ||
122 | |||
123 | 4. Restrictions. The license granted in Section 3 above is expressly made | ||
124 | subject to and limited by the following restrictions: | ||
125 | |||
126 | You may Distribute or Publicly Perform the Work only under the terms of this | ||
127 | License. You must include a copy of, or the Uniform Resource Identifier (URI) | ||
128 | for, this License with every copy of the Work You Distribute or Publicly | ||
129 | Perform. You may not offer or impose any terms on the Work that restrict the | ||
130 | terms of this License or the ability of the recipient of the Work to exercise | ||
131 | the rights granted to that recipient under the terms of the License. You may | ||
132 | not sublicense the Work. You must keep intact all notices that refer to this | ||
133 | License and to the disclaimer of warranties with every copy of the Work You | ||
134 | Distribute or Publicly Perform. When You Distribute or Publicly Perform the | ||
135 | Work, You may not impose any effective technological measures on the Work that | ||
136 | restrict the ability of a recipient of the Work from You to exercise the rights | ||
137 | granted to that recipient under the terms of the License. This Section 4(a) | ||
138 | applies to the Work as incorporated in a Collection, but this does not require | ||
139 | the Collection apart from the Work itself to be made subject to the terms of | ||
140 | this License. If You create a Collection, upon notice from any Licensor You | ||
141 | must, to the extent practicable, remove from the Collection any credit as | ||
142 | required by Section 4(d), as requested. If You create an Adaptation, upon | ||
143 | notice from any Licensor You must, to the extent practicable, remove from the | ||
144 | Adaptation any credit as required by Section 4(d), as requested. | ||
145 | You may Distribute or Publicly Perform an Adaptation only under: (i) the terms | ||
146 | of this License; (ii) a later version of this License with the same License | ||
147 | Elements as this License; (iii) a Creative Commons jurisdiction license (either | ||
148 | this or a later license version) that contains the same License Elements as | ||
149 | this License (e.g., Attribution-NonCommercial-ShareAlike 3.0 US) | ||
150 | ("Applicable License"). You must include a copy of, or the URI, for | ||
151 | Applicable License with every copy of each Adaptation You Distribute or | ||
152 | Publicly Perform. You may not offer or impose any terms on the Adaptation that | ||
153 | restrict the terms of the Applicable License or the ability of the recipient of | ||
154 | the Adaptation to exercise the rights granted to that recipient under the terms | ||
155 | of the Applicable License. You must keep intact all notices that refer to the | ||
156 | Applicable License and to the disclaimer of warranties with every copy of the | ||
157 | Work as included in the Adaptation You Distribute or Publicly Perform. When You | ||
158 | Distribute or Publicly Perform the Adaptation, You may not impose any effective | ||
159 | technological measures on the Adaptation that restrict the ability of a | ||
160 | recipient of the Adaptation from You to exercise the rights granted to that | ||
161 | recipient under the terms of the Applicable License. This Section 4(b) applies | ||
162 | to the Adaptation as incorporated in a Collection, but this does not require | ||
163 | the Collection apart from the Adaptation itself to be made subject to the terms | ||
164 | of the Applicable License. | ||
165 | You may not exercise any of the rights granted to You in Section 3 above in any | ||
166 | manner that is primarily intended for or directed toward commercial advantage | ||
167 | or private monetary compensation. The exchange of the Work for other | ||
168 | copyrighted works by means of digital file-sharing or otherwise shall not be | ||
169 | considered to be intended for or directed toward commercial advantage or | ||
170 | private monetary compensation, provided there is no payment of any monetary | ||
171 | compensation in con-nection with the exchange of copyrighted works. | ||
172 | If You Distribute, or Publicly Perform the Work or any Adaptations or | ||
173 | Collections, You must, unless a request has been made pursuant to Section 4(a), | ||
174 | keep intact all copyright notices for the Work and provide, reasonable to the | ||
175 | medium or means You are utilizing: (i) the name of the Original Author (or | ||
176 | pseudonym, if applicable) if supplied, and/or if the Original Author and/or | ||
177 | Licensor designate another party or parties (e.g., a sponsor institute, | ||
178 | publishing entity, journal) for attribution ("Attribution Parties") | ||
179 | in Licensor's copyright notice, terms of service or by other reasonable means, | ||
180 | the name of such party or parties; (ii) the title of the Work if supplied; | ||
181 | (iii) to the extent reasonably practicable, the URI, if any, that Licensor | ||
182 | specifies to be associated with the Work, unless such URI does not refer to the | ||
183 | copyright notice or licensing information for the Work; and, (iv) consistent | ||
184 | with Section 3(b), in the case of an Adaptation, a credit identifying the use | ||
185 | of the Work in the Adaptation (e.g., "French translation of the Work by | ||
186 | Original Author," or "Screenplay based on original Work by Original | ||
187 | Author"). The credit required by this Section 4(d) may be implemented in | ||
188 | any reasonable manner; provided, however, that in the case of a Adaptation or | ||
189 | Collection, at a minimum such credit will appear, if a credit for all | ||
190 | contributing authors of the Adaptation or Collection appears, then as part of | ||
191 | these credits and in a manner at least as prominent as the credits for the | ||
192 | other contributing authors. For the avoidance of doubt, You may only use the | ||
193 | credit required by this Section for the purpose of attribution in the manner | ||
194 | set out above and, by exercising Your rights under this License, You may not | ||
195 | implicitly or explicitly assert or imply any connection with, sponsorship or | ||
196 | endorsement by the Original Author, Licensor and/or Attribution Parties, as | ||
197 | appropriate, of You or Your use of the Work, without the separate, express | ||
198 | prior written permission of the Original Author, Licensor and/or Attribution | ||
199 | Parties. | ||
200 | For the avoidance of doubt: | ||
201 | |||
202 | Non-waivable Compulsory License Schemes. In those jurisdictions in which the | ||
203 | right to collect royalties through any statutory or compulsory licensing scheme | ||
204 | cannot be waived, the Licensor reserves the exclusive right to collect such | ||
205 | royalties for any exercise by You of the rights granted under this License; | ||
206 | Waivable Compulsory License Schemes. In those jurisdictions in which the right | ||
207 | to collect royalties through any statutory or compulsory licensing scheme can | ||
208 | be waived, the Licensor reserves the exclusive right to collect such royalties | ||
209 | for any exercise by You of the rights granted under this License if Your | ||
210 | exercise of such rights is for a purpose or use which is otherwise than | ||
211 | noncommercial as permitted under Section 4(c) and otherwise waives the right to | ||
212 | collect royalties through any statutory or compulsory licensing scheme; and, | ||
213 | Voluntary License Schemes. The Licensor reserves the right to collect | ||
214 | royalties, whether individually or, in the event that the Licensor is a member | ||
215 | of a collecting society that administers voluntary licensing schemes, via that | ||
216 | society, from any exercise by You of the rights granted under this License that | ||
217 | is for a purpose or use which is otherwise than noncommercial as permitted | ||
218 | under Section 4(c). | ||
219 | Except as otherwise agreed in writing by the Licensor or as may be otherwise | ||
220 | permitted by applicable law, if You Reproduce, Distribute or Publicly Perform | ||
221 | the Work either by itself or as part of any Adaptations or Collections, You | ||
222 | must not distort, mutilate, modify or take other derogatory action in relation | ||
223 | to the Work which would be prejudicial to the Original Author's honor or | ||
224 | reputation. Licensor agrees that in those jurisdictions (e.g. Japan), in which | ||
225 | any exercise of the right granted in Section 3(b) of this License (the right to | ||
226 | make Adaptations) would be deemed to be a distortion, mutilation, modification | ||
227 | or other derogatory action prejudicial to the Original Author's honor and | ||
228 | reputation, the Licensor will waive or not assert, as appropriate, this | ||
229 | Section, to the fullest extent permitted by the applicable national law, to | ||
230 | enable You to reasonably exercise Your right under Section 3(b) of this License | ||
231 | (right to make Adaptations) but not otherwise. | ||
232 | 5. Representations, Warranties and Disclaimer | ||
233 | |||
234 | UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING AND TO THE | ||
235 | FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR OFFERS THE WORK AS-IS AND | ||
236 | MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, | ||
237 | EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, | ||
238 | WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, | ||
239 | NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE | ||
240 | PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS | ||
241 | DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT | ||
242 | APPLY TO YOU. | ||
243 | |||
244 | 6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN | ||
245 | NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, | ||
246 | INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS | ||
247 | LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE | ||
248 | POSSIBILITY OF SUCH DAMAGES. | ||
249 | |||
250 | 7. Termination | ||
251 | |||
252 | This License and the rights granted hereunder will terminate automatically upon | ||
253 | any breach by You of the terms of this License. Individuals or entities who | ||
254 | have received Adaptations or Collections from You under this License, however, | ||
255 | will not have their licenses terminated provided such individuals or entities | ||
256 | remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 | ||
257 | will survive any termination of this License. | ||
258 | Subject to the above terms and conditions, the license granted here is | ||
259 | perpetual (for the duration of the applicable copyright in the Work). | ||
260 | Notwithstanding the above, Licensor reserves the right to release the Work | ||
261 | under different license terms or to stop distributing the Work at any time; | ||
262 | provided, however that any such election will not serve to withdraw this | ||
263 | License (or any other license that has been, or is required to be, granted | ||
264 | under the terms of this License), and this License will continue in full force | ||
265 | and effect unless terminated as stated above. | ||
266 | 8. Miscellaneous | ||
267 | |||
268 | Each time You Distribute or Publicly Perform the Work or a Collection, the | ||
269 | Licensor offers to the recipient a license to the Work on the same terms and | ||
270 | conditions as the license granted to You under this License. | ||
271 | Each time You Distribute or Publicly Perform an Adaptation, Licensor offers to | ||
272 | the recipient a license to the original Work on the same terms and conditions | ||
273 | as the license granted to You under this License. | ||
274 | If any provision of this License is invalid or unenforceable under applicable | ||
275 | law, it shall not affect the validity or enforceability of the remainder of the | ||
276 | terms of this License, and without further action by the parties to this | ||
277 | agreement, such provision shall be reformed to the minimum extent necessary to | ||
278 | make such provision valid and enforceable. | ||
279 | No term or provision of this License shall be deemed waived and no breach | ||
280 | consented to unless such waiver or consent shall be in writing and signed by | ||
281 | the party to be charged with such waiver or consent. | ||
282 | This License constitutes the entire agreement between the parties with respect | ||
283 | to the Work licensed here. There are no understandings, agreements or | ||
284 | representations with respect to the Work not specified here. Licensor shall not | ||
285 | be bound by any additional provisions that may appear in any communication from | ||
286 | You. This License may not be modified without the mutual written agreement of | ||
287 | the Licensor and You. | ||
288 | The rights granted under, and the subject matter referenced, in this License | ||
289 | were drafted utilizing the terminology of the Berne Convention for the | ||
290 | Protection of Literary and Artistic Works (as amended on September 28, 1979), | ||
291 | the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO | ||
292 | Performances and Phonograms Treaty of 1996 and the Universal Copyright | ||
293 | Convention (as revised on July 24, 1971). These rights and subject matter take | ||
294 | effect in the relevant jurisdiction in which the License terms are sought to be | ||
295 | enforced according to the corresponding provisions of the implementation of | ||
296 | those treaty provisions in the applicable national law. If the standard suite | ||
297 | of rights granted under applicable copyright law includes additional rights not | ||
298 | granted under this License, such additional rights are deemed to be included in | ||
299 | the License; this License is not intended to restrict the license of any rights | ||
300 | under applicable law. | ||
301 | Creative Commons Notice | ||
302 | |||
303 | Creative Commons is not a party to this License, and makes no warranty | ||
304 | whatsoever in connection with the Work. Creative Commons will not be liable to | ||
305 | You or any party on any legal theory for any damages whatsoever, including | ||
306 | without limitation any general, special, incidental or consequential damages | ||
307 | arising in connection to this license. Notwithstanding the foregoing two (2) | ||
308 | sentences, if Creative Commons has expressly identified itself as the Licensor | ||
309 | hereunder, it shall have all rights and obligations of Licensor. | ||
310 | |||
311 | Except for the limited purpose of indicating to the public that the Work is | ||
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313 | party of the trademark "Creative Commons" or any related trademark or | ||
314 | logo of Creative Commons without the prior written consent of Creative Commons. | ||
315 | Any permitted use will be in compliance with Creative Commons' then-current | ||
316 | trademark usage guidelines, as may be published on its website or otherwise | ||
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318 | trademark restriction does not form part of this License. | ||
319 | |||
320 | Creative Commons may be contacted at http://creativecommons.org/. | ||