License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS
PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR
OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE
BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED
TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN
CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
1. Definitions
"Adaptation" means a work based upon the Work, or upon the Work and other
pre-existing works, such as a translation, adaptation, derivative work,
arrangement of music or other alterations of a literary or artistic work, or
phonogram or performance and includes cinematographic adaptations or any
other form in which the Work may be recast, transformed, or adapted
including in any form recognizably derived from the original, except that a
work that constitutes a Collection will not be considered an Adaptation for
the purpose of this License. For the avoidance of doubt, where the Work is a
musical work, performance or phonogram, the synchronization of the Work in
timed-relation with a moving image ("synching") will be considered an
Adaptation for the purpose of this License. "Collection" means a collection
of literary or artistic works, such as encyclopedias and anthologies, or
performances, phonograms or broadcasts, or other works or subject matter
other than works listed in Section 1(f) below, which, by reason of the
selection and arrangement of their contents, constitute intellectual
creations, in which the Work is included in its entirety in unmodified form
along with one or more other contributions, each constituting separate and
independent works in themselves, which together are assembled into a
collective whole. A work that constitutes a Collection will not be
considered an Adaptation (as defined above) for the purposes of this
License. "Distribute" means to make available to the public the original and
copies of the Work or Adaptation, as appropriate, through sale or other
transfer of ownership. "Licensor" means the individual, individuals, entity
or entities that offer(s) the Work under the terms of this License.
"Original Author" means, in the case of a literary or artistic work, the
individual, individuals, entity or entities who created the Work or if no
individual or entity can be identified, the publisher; and in addition (i)
in the case of a performance the actors, singers, musicians, dancers, and
other persons who act, sing, deliver, declaim, play in, interpret or
otherwise perform literary or artistic works or expressions of folklore;
(ii) in the case of a phonogram the producer being the person or legal
entity who first fixes the sounds of a performance or other sounds; and,
(iii) in the case of broadcasts, the organization that transmits the
broadcast. "Work" means the literary and/or artistic work offered under the
terms of this License including without limitation any production in the
literary, scientific and artistic domain, whatever may be the mode or form
of its expression including digital form, such as a book, pamphlet and other
writing; a lecture, address, sermon or other work of the same nature; a
dramatic or dramatico-musical work; a choreographic work or entertainment in
dumb show; a musical composition with or without words; a cinematographic
work to which are assimilated works expressed by a process analogous to
cinematography; a work of drawing, painting, architecture, sculpture,
engraving or lithography; a photographic work to which are assimilated works
expressed by a process analogous to photography; a work of applied art; an
illustration, map, plan, sketch or three-dimensional work relative to
geography, topography, architecture or science; a performance; a broadcast;
a phonogram; a compilation of data to the extent it is protected as a
copyrightable work; or a work performed by a variety or circus performer to
the extent it is not otherwise considered a literary or artistic work. "You"
means an individual or entity exercising rights under this License who has
not previously violated the terms of this License with respect to the Work,
or who has received express permission from the Licensor to exercise rights
under this License despite a previous violation. "Publicly Perform" means to
perform public recitations of the Work and to communicate to the public
those public recitations, by any means or process, including by wire or
wireless means or public digital performances; to make available to the
public Works in such a way that members of the public may access these Works
from a place and at a place individually chosen by them; to perform the Work
to the public by any means or process and the communication to the public of
the performances of the Work, including by public digital performance; to
broadcast and rebroadcast the Work by any means including signs, sounds or
images. "Reproduce" means to make copies of the Work by any means including
without limitation by sound or visual recordings and the right of fixation
and reproducing fixations of the Work, including storage of a protected
performance or phonogram in digital form or other electronic medium.
2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit, or
restrict any uses free from copyright or rights arising from limitations or
exceptions that are provided for in connection with the copyright protection
under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor
hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the
duration of the applicable copyright) license to exercise the rights in the Work
as stated below:
to Reproduce the Work, to incorporate the Work into one or more Collections,
and to Reproduce the Work as incorporated in the Collections; to create and
Reproduce Adaptations provided that any such Adaptation, including any
translation in any medium, takes reasonable steps to clearly label,
demarcate or otherwise identify that changes were made to the original Work.
For example, a translation could be marked "The original work was translated
from English to Spanish," or a modification could indicate "The original
work has been modified."; to Distribute and Publicly Perform the Work
including as incorporated in Collections; and, to Distribute and Publicly
Perform Adaptations.
For the avoidance of doubt:
Non-waivable Compulsory License Schemes. In those jurisdictions in which
the right to collect royalties through any statutory or compulsory
licensing scheme cannot be waived, the Licensor reserves the exclusive
right to collect such royalties for any exercise by You of the rights
granted under this License; Waivable Compulsory License Schemes. In
those jurisdictions in which the right to collect royalties through any
statutory or compulsory licensing scheme can be waived, the Licensor
waives the exclusive right to collect such royalties for any exercise by
You of the rights granted under this License; and, Voluntary License
Schemes. The Licensor waives the right to collect royalties, whether
individually or, in the event that the Licensor is a member of a
collecting society that administers voluntary licensing schemes, via
that society, from any exercise by You of the rights granted under this
License.
The above rights may be exercised in all media and formats whether now known or
hereafter devised. The above rights include the right to make such modifications
as are technically necessary to exercise the rights in other media and formats.
Subject to Section 8(f), all rights not expressly granted by Licensor are hereby
reserved.
4. Restrictions. The license granted in Section 3 above is expressly made
subject to and limited by the following restrictions:
You may Distribute or Publicly Perform the Work only under the terms of this
License. You must include a copy of, or the Uniform Resource Identifier
(URI) for, this License with every copy of the Work You Distribute or
Publicly Perform. You may not offer or impose any terms on the Work that
restrict the terms of this License or the ability of the recipient of the
Work to exercise the rights granted to that recipient under the terms of the
License. You may not sublicense the Work. You must keep intact all notices
that refer to this License and to the disclaimer of warranties with every
copy of the Work You Distribute or Publicly Perform. When You Distribute or
Publicly Perform the Work, You may not impose any effective technological
measures on the Work that restrict the ability of a recipient of the Work
from You to exercise the rights granted to that recipient under the terms of
the License. This Section 4(a) applies to the Work as incorporated in a
Collection, but this does not require the Collection apart from the Work
itself to be made subject to the terms of this License. If You create a
Collection, upon notice from any Licensor You must, to the extent
practicable, remove from the Collection any credit as required by Section
4(b), as requested. If You create an Adaptation, upon notice from any
Licensor You must, to the extent practicable, remove from the Adaptation any
credit as required by Section 4(b), as requested. If You Distribute, or
Publicly Perform the Work or any Adaptations or Collections, You must,
unless a request has been made pursuant to Section 4(a), keep intact all
copyright notices for the Work and provide, reasonable to the medium or
means You are utilizing: (i) the name of the Original Author (or pseudonym,
if applicable) if supplied, and/or if the Original Author and/or Licensor
designate another party or parties (e.g., a sponsor institute, publishing
entity, journal) for attribution ("Attribution Parties") in Licensor's
copyright notice, terms of service or by other reasonable means, the name of
such party or parties; (ii) the title of the Work if supplied; (iii) to the
extent reasonably practicable, the URI, if any, that Licensor specifies to
be associated with the Work, unless such URI does not refer to the copyright
notice or licensing information for the Work; and (iv) , consistent with
Section 3(b), in the case of an Adaptation, a credit identifying the use of
the Work in the Adaptation (e.g., "French translation of the Work by
Original Author," or "Screenplay based on original Work by Original
Author"). The credit required by this Section 4 (b) may be implemented in
any reasonable manner; provided, however, that in the case of a Adaptation
or Collection, at a minimum such credit will appear, if a credit for all
contributing authors of the Adaptation or Collection appears, then as part
of these credits and in a manner at least as prominent as the credits for
the other contributing authors. For the avoidance of doubt, You may only use
the credit required by this Section for the purpose of attribution in the
manner set out above and, by exercising Your rights under this License, You
may not implicitly or explicitly assert or imply any connection with,
sponsorship or endorsement by the Original Author, Licensor and/or
Attribution Parties, as appropriate, of You or Your use of the Work, without
the separate, express prior written permission of the Original Author,
Licensor and/or Attribution Parties. Except as otherwise agreed in writing
by the Licensor or as may be otherwise permitted by applicable law, if You
Reproduce, Distribute or Publicly Perform the Work either by itself or as
part of any Adaptations or Collections, You must not distort, mutilate,
modify or take other derogatory action in relation to the Work which would
be prejudicial to the Original Author's honor or reputation. Licensor agrees
that in those jurisdictions (e.g. Japan), in which any exercise of the right
granted in Section 3(b) of this License (the right to make Adaptations)
would be deemed to be a distortion, mutilation, modification or other
derogatory action prejudicial to the Original Author's honor and reputation,
the Licensor will waive or not assert, as appropriate, this Section, to the
fullest extent permitted by the applicable national law, to enable You to
reasonably exercise Your right under Section 3(b) of this License (right to
make Adaptations) but not otherwise.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS
THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING
THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR
PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY,
OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH
EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN
NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS
LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
7. Termination
This License and the rights granted hereunder will terminate automatically
upon any breach by You of the terms of this License. Individuals or entities
who have received Adaptations or Collections from You under this License,
however, will not have their licenses terminated provided such individuals
or entities remain in full compliance with those licenses. Sections 1, 2, 5,
6, 7, and 8 will survive any termination of this License. Subject to the
above terms and conditions, the license granted here is perpetual (for the
duration of the applicable copyright in the Work). Notwithstanding the
above, Licensor reserves the right to release the Work under different
license terms or to stop distributing the Work at any time; provided,
however that any such election will not serve to withdraw this License (or
any other license that has been, or is required to be, granted under the
terms of this License), and this License will continue in full force and
effect unless terminated as stated above.
8. Miscellaneous
Each time You Distribute or Publicly Perform the Work or a Collection, the
Licensor offers to the recipient a license to the Work on the same terms and
conditions as the license granted to You under this License. Each time You
Distribute or Publicly Perform an Adaptation, Licensor offers to the
recipient a license to the original Work on the same terms and conditions as
the license granted to You under this License. If any provision of this
License is invalid or unenforceable under applicable law, it shall not
affect the validity or enforceability of the remainder of the terms of this
License, and without further action by the parties to this agreement, such
provision shall be reformed to the minimum extent necessary to make such
provision valid and enforceable. No term or provision of this License shall
be deemed waived and no breach consented to unless such waiver or consent
shall be in writing and signed by the party to be charged with such waiver
or consent. This License constitutes the entire agreement between the
parties with respect to the Work licensed here. There are no understandings,
agreements or representations with respect to the Work not specified here.
Licensor shall not be bound by any additional provisions that may appear in
any communication from You. This License may not be modified without the
mutual written agreement of the Licensor and You. The rights granted under,
and the subject matter referenced, in this License were drafted utilizing
the terminology of the Berne Convention for the Protection of Literary and
Artistic Works (as amended on September 28, 1979), the Rome Convention of
1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and
Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised
on July 24, 1971). These rights and subject matter take effect in the
relevant jurisdiction in which the License terms are sought to be enforced
according to the corresponding provisions of the implementation of those
treaty provisions in the applicable national law. If the standard suite of
rights granted under applicable copyright law includes additional rights not
granted under this License, such additional rights are deemed to be included
in the License; this License is not intended to restrict the license of any
rights under applicable law.
