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Creative Commons Attribution 3.0
Unported
http://creativecommons.org/licenses/by/3.0/
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
1. "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.
2. "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.
3. "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.
4. "Licensor"
means the individual, individuals, entity or entities that offer(s) the
Work under the terms of this License.
5. "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.
6.
"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.
7. "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.
8. "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.
9. "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:
1. to
Reproduce the Work, to incorporate the Work into one or more Collections,
and to Reproduce the Work as incorporated in the Collections;
2. 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.";
3. to Distribute and Publicly Perform the Work
including as incorporated in Collections; and,
4. to Distribute and
Publicly Perform Adaptations.
5.
For the avoidance of doubt:
1. 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;
2. 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,
3.
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:
1. 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.
2. 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.
3. 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
1. 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.
2. 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
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.