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| 1 | |||
| 2 | Creative Commons | ||
| 3 | |||
| 4 | |||
| 5 | Attribution-NonCommercial-NoDerivs 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 distribute copies or phonorecords of, display publicly, perform publicly, | ||
| 65 | and perform publicly by means of a digital audio transmission the Work | ||
| 66 | including as incorporated in Collective Works; | ||
| 67 | The above rights may be exercised in all media and formats whether now known or | ||
| 68 | hereafter devised. The above rights include the right to make such | ||
| 69 | modifications as are technically necessary to exercise the rights in other | ||
| 70 | media and formats, but otherwise you have no rights to make Derivative Works. | ||
| 71 | All rights not expressly granted by Licensor are hereby reserved, including but | ||
| 72 | not limited to the rights set forth in Sections 4(d) and 4(e). | ||
| 73 | |||
| 74 | 4. Restrictions.The license granted in Section 3 above is expressly made | ||
| 75 | subject to and limited by the following restrictions: | ||
| 76 | |||
| 77 | You may distribute, publicly display, publicly perform, or publicly digitally | ||
| 78 | perform the Work only under the terms of this License, and You must include a | ||
| 79 | copy of, or the Uniform Resource Identifier for, this License with every copy | ||
| 80 | or phonorecord of the Work You distribute, publicly display, publicly perform, | ||
| 81 | or publicly digitally perform. You may not offer or impose any terms on the | ||
| 82 | Work that alter or restrict the terms of this License or the recipients' | ||
| 83 | exercise of the rights granted hereunder. You may not sublicense the Work. You | ||
| 84 | must keep intact all notices that refer to this License and to the disclaimer | ||
| 85 | of warranties. You may not distribute, publicly display, publicly perform, or | ||
| 86 | publicly digitally perform the Work with any technological measures that | ||
| 87 | control access or use of the Work in a manner inconsistent with the terms of | ||
| 88 | this License Agreement. The above applies to the Work as incorporated in a | ||
| 89 | Collective Work, but this does not require the Collective Work apart from the | ||
| 90 | Work itself to be made subject to the terms of this License. If You create a | ||
| 91 | Collective Work, upon notice from any Licensor You must, to the extent | ||
| 92 | practicable, remove from the Collective Work any credit as required by clause 4 | ||
| 93 | (c), as requested. | ||
| 94 | You may not exercise any of the rights granted to You in Section 3 above in any | ||
| 95 | manner that is primarily intended for or directed toward commercial advantage | ||
| 96 | or private monetary compensation. The exchange of the Work for other | ||
| 97 | copyrighted works by means of digital file-sharing or otherwise shall not be | ||
| 98 | considered to be intended for or directed toward commercial advantage or | ||
| 99 | private monetary compensation, provided there is no payment of any monetary | ||
| 100 | compensation in connection with the exchange of copyrighted works. | ||
| 101 | If you distribute, publicly display, publicly perform, or publicly digitally | ||
| 102 | perform the Work, You must keep intact all copyright notices for the Work and | ||
| 103 | provide, reasonable to the medium or means You are utilizing: (i) the name of | ||
| 104 | the Original Author (or pseudonym, if applicable) if supplied, and/or (ii) if | ||
| 105 | the Original Author and/or Licensor designate another party or parties (e.g. a | ||
| 106 | sponsor institute, publishing entity, journal) for attribution in Licensor's | ||
| 107 | copyright notice, terms of service or by other reasonable means, the name of | ||
| 108 | such party or parties; the title of the Work if supplied; and to the extent | ||
| 109 | reasonably practicable, the Uniform Resource Identifier, if any, that Licensor | ||
| 110 | specifies to be associated with the Work, unless such URI does not refer to the | ||
| 111 | copyright notice or licensing information for the Work. Such credit may be | ||
| 112 | implemented in any reasonable manner; provided, however, that in the case of a | ||
| 113 | Collective Work, at a minimum such credit will appear where any other | ||
| 114 | comparable authorship credit appears and in a manner at least as prominent as | ||
| 115 | such other comparable authorship credit. | ||
| 116 | For the avoidance of doubt, where the Work is a musical composition: | ||
| 117 | |||
| 118 | Performance Royalties Under Blanket Licenses. Licensor reserves the exclusive | ||
| 119 | right to collect, whether individually or via a performance rights society | ||
| 120 | (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public | ||
| 121 | digital performance (e.g. webcast) of the Work if that performance is primarily | ||
| 122 | intended for or directed toward commercial advantage or private monetary | ||
| 123 | compensation. | ||
| 124 | Mechanical Rights and Statutory Royalties. Licensor reserves the exclusive | ||
| 125 | right to collect, whether individually or via a music rights agency or | ||
| 126 | designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You | ||
| 127 | create from the Work ("cover version") and distribute, subject to the | ||
| 128 | compulsory license created by 17 USC Section 115 of the US Copyright Act (or | ||
| 129 | the equivalent in other jurisdictions), if Your distribution of such cover | ||
| 130 | version is primarily intended for or directed toward commercial advantage or | ||
| 131 | private monetary compensation. | ||
| 132 | Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where | ||
| 133 | the Work is a sound recording, Licensor reserves the exclusive right to | ||
| 134 | collect, whether individually or via a performance-rights society (e.g. | ||
| 135 | SoundExchange), royalties for the public digital performance (e.g. webcast) of | ||
| 136 | the Work, subject to the compulsory license created by 17 USC Section 114 of | ||
| 137 | the US Copyright Act (or the equivalent in other jurisdictions), if Your public | ||
| 138 | digital performance is primarily intended for or directed toward commercial | ||
| 139 | advantage or private monetary compensation. | ||
| 140 | 5. Representations, Warranties and Disclaimer | ||
| 141 | |||
| 142 | UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES IN WRITING, LICENSOR OFFERS THE | ||
| 143 | WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING | ||
| 144 | THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT | ||
| 145 | LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR | ||
| 146 | PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, | ||
| 147 | OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME | ||
| 148 | JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH | ||
| 149 | EXCLUSION MAY NOT APPLY TO YOU. | ||
| 150 | |||
| 151 | 6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN | ||
| 152 | NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, | ||
| 153 | INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS | ||
| 154 | LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE | ||
| 155 | POSSIBILITY OF SUCH DAMAGES. | ||
| 156 | |||
| 157 | 7. Termination | ||
| 158 | |||
| 159 | This License and the rights granted hereunder will terminate automatically upon | ||
| 160 | any breach by You of the terms of this License. Individuals or entities who | ||
| 161 | have received Collective Works from You under this License, however, will not | ||
| 162 | have their licenses terminated provided such individuals or entities remain in | ||
| 163 | full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive | ||
| 164 | any termination of this License. | ||
| 165 | Subject to the above terms and conditions, the license granted here is | ||
| 166 | perpetual (for the duration of the applicable copyright in the Work). | ||
| 167 | Notwithstanding the above, Licensor reserves the right to release the Work | ||
| 168 | under different license terms or to stop distributing the Work at any time; | ||
| 169 | provided, however that any such election will not serve to withdraw this | ||
| 170 | License (or any other license that has been, or is required to be, granted | ||
| 171 | under the terms of this License), and this License will continue in full force | ||
| 172 | and effect unless terminated as stated above. | ||
| 173 | 8. Miscellaneous | ||
| 174 | |||
| 175 | Each time You distribute or publicly digitally perform the Work or a Collective | ||
| 176 | Work, the Licensor offers to the recipient a license to the Work on the same | ||
| 177 | terms and conditions as the license granted to You under this License. | ||
| 178 | If any provision of this License is invalid or unenforceable under applicable | ||
| 179 | law, it shall not affect the validity or enforceability of the remainder of the | ||
| 180 | terms of this License, and without further action by the parties to this | ||
| 181 | agreement, such provision shall be reformed to the minimum extent necessary to | ||
| 182 | make such provision valid and enforceable. | ||
| 183 | No term or provision of this License shall be deemed waived and no breach | ||
| 184 | consented to unless such waiver or consent shall be in writing and signed by | ||
| 185 | the party to be charged with such waiver or consent. | ||
| 186 | This License constitutes the entire agreement between the parties with respect | ||
| 187 | to the Work licensed here. There are no understandings, agreements or | ||
| 188 | representations with respect to the Work not specified here. Licensor shall not | ||
| 189 | be bound by any additional provisions that may appear in any communication from | ||
| 190 | You. This License may not be modified without the mutual written agreement of | ||
| 191 | the Licensor and You. | ||
| 192 | Creative Commons is not a party to this License, and makes no warranty | ||
| 193 | whatsoever in connection with the Work. Creative Commons will not be liable to | ||
| 194 | You or any party on any legal theory for any damages whatsoever, including | ||
| 195 | without limitation any general, special, incidental or consequential damages | ||
| 196 | arising in connection to this license. Notwithstanding the foregoing two (2) | ||
| 197 | sentences, if Creative Commons has expressly identified itself as the Licensor | ||
| 198 | hereunder, it shall have all rights and obligations of Licensor. | ||
| 199 | |||
| 200 | Except for the limited purpose of indicating to the public that the Work is | ||
| 201 | licensed under the CCPL, neither party will use the trademark "Creative | ||
| 202 | Commons" or any related trademark or logo of Creative Commons without the | ||
| 203 | prior written consent of Creative Commons. Any permitted use will be in | ||
| 204 | compliance with Creative Commons' then-current trademark usage guidelines, as | ||
| 205 | may be published on its website or otherwise made available upon request from | ||
| 206 | time to time. | ||
| 207 | |||
| 208 | Creative Commons may be contacted at http://creativecommons.org/. | ||
| 209 | |||
