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LICENSE.CC.txt
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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 LICENSE OR COPYRIGHT LAW IS PROHIBITED.
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
a. "Collective Work" means a work, such as a periodical issue, anthology or
encyclopedia, in which the Work in its entirety in unmodified form, along with
one or more other contributions, constituting separate and independent works in
themselves, are assembled into a collective whole. A work that constitutes a
Collective Work will not be considered a Derivative Work (as defined below) for
the purposes of this License.
b. "Derivative Work" means a work based upon the Work or upon the Work and
other pre-existing works, such as a translation, musical arrangement,
dramatization, fictionalization, motion picture version, sound recording, art
reproduction, abridgment, condensation, or any other form in which the Work may
be recast, transformed, or adapted, except that a work that constitutes a
Collective Work will not be considered a Derivative Work for the purpose of
this License. For the avoidance of doubt, where the Work is a musical
composition or sound recording, the synchronization of the Work in
timed-relation with a moving image ("synching") will be considered a Derivative
Work for the purpose of this License.
c. "Licensor" means the individual, individuals, entity or entities that
offer(s) the Work under the terms of this License.
d. "Original Author" means the individual, individuals, entity or entities
who created the Work.
e. "Work" means the copyrightable work of authorship offered under the terms
of this License.
f. "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.
g. "License Elements" means the following high-level license attributes as
selected by Licensor and indicated in the title of this License: Attribution,
Noncommercial, ShareAlike.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or
restrict any rights arising from fair use, first sale or other limitations on
the exclusive rights of the copyright owner 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:
a. to reproduce the Work, to incorporate the Work into one or more
Collective Works, and to reproduce the Work as incorporated in the Collective
Works;
b. to create and reproduce Derivative Works provided that any such
Derivative Work, 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.";
c. to distribute copies or phonorecords of, display publicly, perform
publicly, and perform publicly by means of a digital audio transmission the
Work including as incorporated in Collective Works;
d. to distribute copies or phonorecords of, display publicly, perform
publicly, and perform publicly by means of a digital audio transmission
Derivative Works;
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. All rights not expressly granted by Licensor are hereby
reserved, including but not limited to the rights set forth in Sections 4(e)
and 4(f).
4. RESTRICTIONS. The license granted in Section 3 above is expressly made
subject to and limited by the following restrictions:
a. You may distribute, publicly display, publicly perform, or publicly
digitally perform the Work only under the terms of this License, and You must
include a copy of, or the Uniform Resource Identifier for, this License with
every copy or phonorecord of the Work You distribute, publicly display,
publicly perform, or publicly digitally perform. You may not offer or impose
any terms on the Work that restrict the terms of this License or the ability of
a 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.
When You distribute, publicly display, publicly perform, or publicly digitally
perform the Work, You may not impose any 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 Collective Work, but this does
not require the Collective Work apart from the Work itself to be made subject
to the terms of this License. If You create a Collective Work, upon notice from
any Licensor You must, to the extent practicable, remove from the Collective
Work any credit as required by Section 4(d), as requested. If You create a
Derivative Work, upon notice from any Licensor You must, to the extent
practicable, remove from the Derivative Work any credit as required by Section
4(d), as requested.
b. You may distribute, publicly display, publicly perform, or publicly
digitally perform a Derivative Work only under: (i) the terms of this License;
(ii) a later version of this License with the same License Elements as this
License; or, (iii) either the unported Creative Commons license or a Creative
Commons license for another jurisdiction (either this or a later license
version) that contains the same License Elements as this License (e.g.
Attribution-NonCommercial-ShareAlike 3.0 (Unported)) ("the Applicable
License"). You must include a copy of, or the Uniform Resource Identifier for,
the Applicable License with every copy or phonorecord of each Derivative Work
You distribute, publicly display, publicly perform, or publicly digitally
perform. You may not offer or impose any terms on the Derivative Works that
restrict the terms of the Applicable License or the ability of a recipient of
the Work to exercise the rights granted to that recipient under the terms of
the Applicable License. You must keep intact all notices that refer to the
Applicable License and to the disclaimer of warranties. When You distribute,
publicly display, publicly perform, or publicly digitally perform the
Derivative Work, You may not impose any technological measures on the
Derivative Work that restrict the ability of a recipient of the Derivative Work
from You to exercise the rights granted to that recipient under the terms of
the Applicable License. This Section 4(b) applies to the Derivative Work as
incorporated in a Collective Work, but this does not require the Collective
Work apart from the Derivative Work itself to be made subject to the terms of
the Applicable License.
c. You may not exercise any of the rights granted to You in Section 3 above
in any manner that is primarily intended for or directed toward commercial
advantage or private monetary compensation. The exchange of the Work for other
copyrighted works by means of digital file-sharing or otherwise shall not be
considered to be intended for or directed toward commercial advantage or
private monetary compensation, provided there is no payment of any monetary
compensation in connection with the exchange of copyrighted works.
d. If You distribute, publicly display, publicly perform, or publicly
digitally perform the Work (as defined in Section 1 above) or any Derivative
Works (as defined in Section 1 above) or Collective Works (as defined in
Section 1 above), 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 (ii) 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; the title of the Work if supplied; to the extent
reasonably practicable, the Uniform Resource Identifier, 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, consistent with
Section 3(b) in the case of a Derivative Work, a credit identifying the use of
the Work in the Derivative Work (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(d) may be implemented in any reasonable
manner; provided, however, that in the case of a Derivative Work or Collective
Work, at a minimum such credit will appear, if a credit for all contributing
authors of the Derivative Work or Collective Work 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.
e. For the avoidance of doubt, where the Work is a musical composition:
i. Performance Royalties Under Blanket Licenses. Licensor reserves the
exclusive right to collect whether individually or, in the event that Licensor
is a member of a performance rights society (e.g. ASCAP, BMI, SESAC), via that
society, royalties for the public performance or public digital performance
(e.g. webcast) of the Work if that performance is primarily intended for or
directed toward commercial advantage or private monetary compensation.
ii. Mechanical Rights and Statutory Royalties. Licensor reserves the
exclusive right to collect, whether individually or via a music rights agency
or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You
create from the Work ("cover version") and distribute, subject to the
compulsory license created by 17 USC Section 115 of the US Copyright Act (or
the equivalent in other jurisdictions), if Your distribution of such cover
version is primarily intended for or directed toward commercial advantage or
private monetary compensation.
f. Webcasting Rights and Statutory Royalties. For the avoidance of doubt,
where the Work is a sound recording, Licensor reserves the exclusive right to
collect, whether individually or via a performance-rights society (e.g.
SoundExchange), royalties for the public digital performance (e.g. webcast) of
the Work, subject to the compulsory license created by 17 USC Section 114 of
the US Copyright Act (or the equivalent in other jurisdictions), if Your public
digital performance is primarily intended for or directed toward commercial
advantage or private monetary compensation.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS
THE WORK AS-IS AND ONLY TO THE EXTENT OF ANY RIGHTS HELD IN THE LICENSED WORK
BY THE LICENSOR. THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE, MARKETABILITY, 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
a. 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 Derivative Works (as defined in Section 1 above)
or Collective Works (as defined in Section 1 above) 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.
b. 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
a. Each time You distribute or publicly digitally perform the Work (as
defined in Section 1 above) or a Collective Work (as defined in Section 1
above), 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.
b. Each time You distribute or publicly digitally perform a Derivative Work,
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.
c. 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.
d. 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.
e. 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.