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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 | ||
| 312 | licensed under the CCPL, Creative Commons does not authorize the use by either | ||
| 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 | ||
| 317 | made available upon request from time to time. For the avoidance of doubt, this | ||
| 318 | trademark restriction does not form part of this License. | ||
| 319 | |||
| 320 | Creative Commons may be contacted at http://creativecommons.org/. | ||
