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LICENSE
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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
"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(g) 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. "License Elements" means the following
high-level license attributes as selected by Licensor and indicated in
the title of this License: Attribution, Noncommercial, ShareAlike.
"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. 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, including but not
limited to the rights described in Section 4(e).
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(d), 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(d), as requested. You may Distribute or
Publicly Perform an Adaptation only under: (i) the terms of this
License; (ii) a later version of this License with the same License
Elements as this License; (iii) a Creative Commons jurisdiction license
(either this or a later license version) that contains the same License
Elements as this License (e.g., Attribution-NonCommercial-ShareAlike 3.0
US) ("Applicable License"). You must include a copy of, or the URI, for
Applicable License with every copy of each Adaptation You Distribute or
Publicly Perform. You may not offer or impose any terms on the
Adaptation that restrict the terms of the Applicable License or the
ability of the recipient of the Adaptation 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 with every copy of the Work as included in
the Adaptation You Distribute or Publicly Perform. When You Distribute
or Publicly Perform the Adaptation, You may not impose any effective
technological measures on the Adaptation that restrict the ability of a
recipient of the Adaptation from You to exercise the rights granted to
that recipient under the terms of the Applicable License. This Section
4(b) applies to the Adaptation as incorporated in a Collection, but this
does not require the Collection apart from the Adaptation itself to be
made subject to the terms of the Applicable License. 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 con-nection with the exchange of
copyrighted works. 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(d) 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. 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
reserves the exclusive right to collect such royalties for any exercise
by You of the rights granted under this License if Your exercise of such
rights is for a purpose or use which is otherwise than noncommercial as
permitted under Section 4(c) and otherwise waives the right to collect
royalties through any statutory or compulsory licensing scheme; and,
Voluntary License Schemes. The Licensor reserves 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 that is for a purpose or use which is
otherwise than noncommercial as permitted under Section 4(c). 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 AND TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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, MERCHANTABILITY, 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 THIS 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.