Tech-Emoji/Source/Arch/LICENSE

356 lines
21 KiB
Plaintext
Raw Normal View History

2023-09-18 15:00:15 -07:00
Creative Commons Legal Code - Attribution-NonCommercial-ShareAlike 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(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.
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. "License Elements" means the following high-level license attributes as
selected by Licensor and indicated in the title of this License:
Attribution, Noncommercial, ShareAlike.
5. "Licensor" means the individual, individuals, entity or entities that
offer(s) the Work under the terms of this License.
6. "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.
7. "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.
8. "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.
9. "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.
10. "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.
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:
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(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.
2. 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.
3. 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.
4. 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.
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 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,
3. 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).
6. 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
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.
Creative Commons Notice
Creative Commons is not a party to this License, and makes no warranty
whatsoever in connection with the Work. Creative Commons will not be liable
to You or any party on any legal theory for any damages whatsoever,
including without limitation any general, special, incidental or
consequential damages arising in connection to this license.
Notwithstanding the foregoing two (2) sentences, if Creative Commons has
expressly identified itself as the Licensor hereunder, it shall have all
rights and obligations of Licensor.
Except for the limited purpose of indicating to the public that the Work is
licensed under the CCPL, Creative Commons does not authorize the use by
either party of the trademark "Creative Commons" or any related trademark
or logo of Creative Commons without the prior written consent of Creative
Commons. Any permitted use will be in compliance with Creative Commons'
then-current trademark usage guidelines, as may be published on its website
or otherwise made available upon request from time to time. For the
avoidance of doubt, this trademark restriction does not form part of this
License.
Creative Commons may be contacted at http://creativecommons.org/.