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356 lines
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Creative Commons Legal Code - Attribution-NonCommercial-ShareAlike 3.0
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License
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
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COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
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COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
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AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE
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BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE
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CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE
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IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
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1. Definitions
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1. "Adaptation" means a work based upon the Work, or upon the Work and other
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pre-existing works, such as a translation, adaptation, derivative work,
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arrangement of music or other alterations of a literary or artistic work, or
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phonogram or performance and includes cinematographic adaptations or any
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other form in which the Work may be recast, transformed, or adapted
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including in any form recognizably derived from the original, except that a
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work that constitutes a Collection will not be considered an Adaptation for
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the purpose of this License. For the avoidance of doubt, where the Work is a
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musical work, performance or phonogram, the synchronization of the Work in
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timed-relation with a moving image ("synching") will be considered an
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Adaptation for the purpose of this License.
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2. "Collection" means a collection of literary or artistic works, such as
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encyclopedias and anthologies, or performances, phonograms or broadcasts, or
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other works or subject matter other than works listed in Section 1(g) below,
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which, by reason of the selection and arrangement of their contents,
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constitute intellectual creations, in which the Work is included in its
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entirety in unmodified form along with one or more other contributions, each
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constituting separate and independent works in themselves, which together
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are assembled into a collective whole. A work that constitutes a Collection
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will not be considered an Adaptation (as defined above) for the purposes of
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this License.
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3. "Distribute" means to make available to the public the original and
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copies of the Work or Adaptation, as appropriate, through sale or other
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transfer of ownership.
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4. "License Elements" means the following high-level license attributes as
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selected by Licensor and indicated in the title of this License:
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Attribution, Noncommercial, ShareAlike.
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5. "Licensor" means the individual, individuals, entity or entities that
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offer(s) the Work under the terms of this License.
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6. "Original Author" means, in the case of a literary or artistic work, the
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individual, individuals, entity or entities who created the Work or if no
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individual or entity can be identified, the publisher; and in addition (i)
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in the case of a performance the actors, singers, musicians, dancers, and
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other persons who act, sing, deliver, declaim, play in, interpret or
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otherwise perform literary or artistic works or expressions of folklore;
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(ii) in the case of a phonogram the producer being the person or legal
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entity who first fixes the sounds of a performance or other sounds; and,
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(iii) in the case of broadcasts, the organization that transmits the
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broadcast.
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7. "Work" means the literary and/or artistic work offered under the terms of
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this License including without limitation any production in the literary,
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scientific and artistic domain, whatever may be the mode or form of its
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expression including digital form, such as a book, pamphlet and other
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writing; a lecture, address, sermon or other work of the same nature; a
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dramatic or dramatico-musical work; a choreographic work or entertainment in
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dumb show; a musical composition with or without words; a cinematographic
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work to which are assimilated works expressed by a process analogous to
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cinematography; a work of drawing, painting, architecture, sculpture,
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engraving or lithography; a photographic work to which are assimilated works
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expressed by a process analogous to photography; a work of applied art; an
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illustration, map, plan, sketch or three-dimensional work relative to
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geography, topography, architecture or science; a performance; a broadcast;
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a phonogram; a compilation of data to the extent it is protected as a
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copyrightable work; or a work performed by a variety or circus performer to
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the extent it is not otherwise considered a literary or artistic work.
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8. "You" means an individual or entity exercising rights under this License
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who has not previously violated the terms of this License with respect to
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the Work, or who has received express permission from the Licensor to
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exercise rights under this License despite a previous violation.
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9. "Publicly Perform" means to perform public recitations of the Work and to
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communicate to the public those public recitations, by any means or process,
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including by wire or wireless means or public digital performances; to make
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available to the public Works in such a way that members of the public may
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access these Works from a place and at a place individually chosen by them;
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to perform the Work to the public by any means or process and the
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communication to the public of the performances of the Work, including by
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public digital performance; to broadcast and rebroadcast the Work by any
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means including signs, sounds or images.
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10. "Reproduce" means to make copies of the Work by any means including
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without limitation by sound or visual recordings and the right of fixation
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and reproducing fixations of the Work, including storage of a protected
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performance or phonogram in digital form or other electronic medium.
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2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit,
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or restrict any uses free from copyright or rights arising from limitations or
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exceptions that are provided for in connection with the copyright protection
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under copyright law or other applicable laws.
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3. License Grant. Subject to the terms and conditions of this License, Licensor
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hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the
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duration of the applicable copyright) license to exercise the rights in the
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Work as stated below:
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1. to Reproduce the Work, to incorporate the Work into one or more
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Collections, and to Reproduce the Work as incorporated in the Collections;
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2. to create and Reproduce Adaptations provided that any such Adaptation,
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including any translation in any medium, takes reasonable steps to clearly
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label, demarcate or otherwise identify that changes were made to the
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original Work. For example, a translation could be marked "The original work
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was translated from English to Spanish," or a modification could indicate
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"The original work has been modified.";
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3. to Distribute and Publicly Perform the Work including as incorporated in
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Collections; and,
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4. to Distribute and Publicly Perform Adaptations.
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The above rights may be exercised in all media and formats whether now known or
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hereafter devised. The above rights include the right to make such
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modifications as are technically necessary to exercise the rights in other
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media and formats. Subject to Section 8(f), all rights not expressly granted by
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Licensor are hereby reserved, including but not limited to the rights described
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in Section 4(e).
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4. Restrictions. The license granted in Section 3 above is expressly made
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subject to and limited by the following restrictions:
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1. You may Distribute or Publicly Perform the Work only under the terms of
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this License. You must include a copy of, or the Uniform Resource Identifier
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(URI) for, this License with every copy of the Work You Distribute or
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Publicly Perform. You may not offer or impose any terms on the Work that
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restrict the terms of this License or the ability of the recipient of the
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Work to exercise the rights granted to that recipient under the terms of the
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License. You may not sublicense the Work. You must keep intact all notices
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that refer to this License and to the disclaimer of warranties with every
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copy of the Work You Distribute or Publicly Perform. When You Distribute or
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Publicly Perform the Work, You may not impose any effective technological
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|
measures on the Work that restrict the ability of a recipient of the Work
|
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from You to exercise the rights granted to that recipient under the terms of
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the License. This Section 4(a) applies to the Work as incorporated in a
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Collection, but this does not require the Collection apart from the Work
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itself to be made subject to the terms of this License. If You create a
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Collection, upon notice from any Licensor You must, to the extent
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practicable, remove from the Collection any credit as required by Section
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4(d), as requested. If You create an Adaptation, upon notice from any
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Licensor You must, to the extent practicable, remove from the Adaptation any
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credit as required by Section 4(d), as requested.
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2. You may Distribute or Publicly Perform an Adaptation only under: (i) the
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terms of this License; (ii) a later version of this License with the same
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License Elements as this License; (iii) a Creative Commons jurisdiction
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license (either this or a later license version) that contains the same
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License Elements as this License (e.g., Attribution-NonCommercial-ShareAlike
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3.0 US) ("Applicable License"). You must include a copy of, or the URI, for
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Applicable License with every copy of each Adaptation You Distribute or
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Publicly Perform. You may not offer or impose any terms on the Adaptation
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that restrict the terms of the Applicable License or the ability of the
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recipient of the Adaptation to exercise the rights granted to that recipient
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under the terms of the Applicable License. You must keep intact all notices
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that refer to the Applicable License and to the disclaimer of warranties
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with every copy of the Work as included in the Adaptation You Distribute or
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Publicly Perform. When You Distribute or Publicly Perform the Adaptation,
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You may not impose any effective technological measures on the Adaptation
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that restrict the ability of a recipient of the Adaptation from You to
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exercise the rights granted to that recipient under the terms of the
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Applicable License. This Section 4(b) applies to the Adaptation as
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incorporated in a Collection, but this does not require the Collection apart
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from the Adaptation itself to be made subject to the terms of the Applicable
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License.
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3. You may not exercise any of the rights granted to You in Section 3 above
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in any manner that is primarily intended for or directed toward commercial
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advantage or private monetary compensation. The exchange of the Work for
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other copyrighted works by means of digital file-sharing or otherwise shall
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not be considered to be intended for or directed toward commercial advantage
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or private monetary compensation, provided there is no payment of any
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monetary compensation in con-nection with the exchange of copyrighted works.
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4. If You Distribute, or Publicly Perform the Work or any Adaptations or
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Collections, You must, unless a request has been made pursuant to Section
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4(a), keep intact all copyright notices for the Work and provide, reasonable
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to the medium or means You are utilizing: (i) the name of the Original
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Author (or pseudonym, if applicable) if supplied, and/or if the Original
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Author and/or Licensor designate another party or parties (e.g., a sponsor
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institute, publishing entity, journal) for attribution ("Attribution
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Parties") in Licensor's copyright notice, terms of service or by other
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reasonable means, the name of such party or parties; (ii) the title of the
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Work if supplied; (iii) to the extent reasonably practicable, the URI, if
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any, that Licensor specifies to be associated with the Work, unless such URI
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does not refer to the copyright notice or licensing information for the
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Work; and, (iv) consistent with Section 3(b), in the case of an Adaptation,
|
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a credit identifying the use of the Work in the Adaptation (e.g., "French
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translation of the Work by Original Author," or "Screenplay based on
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original Work by Original Author"). The credit required by this Section 4(d)
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may be implemented in any reasonable manner; provided, however, that in the
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case of a Adaptation or Collection, at a minimum such credit will appear, if
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a credit for all contributing authors of the Adaptation or Collection
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appears, then as part of these credits and in a manner at least as prominent
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as the credits for the other contributing authors. For the avoidance of
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doubt, You may only use the credit required by this Section for the purpose
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of attribution in the manner set out above and, by exercising Your rights
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under this License, You may not implicitly or explicitly assert or imply any
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connection with, sponsorship or endorsement by the Original Author, Licensor
|
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and/or Attribution Parties, as appropriate, of You or Your use of the Work,
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without the separate, express prior written permission of the Original
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Author, Licensor and/or Attribution Parties.
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5. For the avoidance of doubt:
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1. Non-waivable Compulsory License Schemes. In those jurisdictions in
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which the right to collect royalties through any statutory or
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compulsory licensing scheme cannot be waived, the Licensor reserves
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the exclusive right to collect such royalties for any exercise by You
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of the rights granted under this License;
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2. Waivable Compulsory License Schemes. In those jurisdictions in
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which the right to collect royalties through any statutory or
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compulsory licensing scheme can be waived, the Licensor reserves the
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exclusive right to collect such royalties for any exercise by You of
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the rights granted under this License if Your exercise of such rights
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is for a purpose or use which is otherwise than noncommercial as
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permitted under Section 4(c) and otherwise waives the right to collect
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royalties through any statutory or compulsory licensing scheme; and,
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3. Voluntary License Schemes. The Licensor reserves the right to
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collect royalties, whether individually or, in the event that the
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Licensor is a member of a collecting society that administers
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voluntary licensing schemes, via that society, from any exercise by
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You of the rights granted under this License that is for a purpose or
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use which is otherwise than noncommercial as permitted under Section
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4(c).
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6. Except as otherwise agreed in writing by the Licensor or as may be
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otherwise permitted by applicable law, if You Reproduce, Distribute or
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Publicly Perform the Work either by itself or as part of any Adaptations or
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Collections, You must not distort, mutilate, modify or take other derogatory
|
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action in relation to the Work which would be prejudicial to the Original
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Author's honor or reputation. Licensor agrees that in those jurisdictions
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(e.g. Japan), in which any exercise of the right granted in Section 3(b) of
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this License (the right to make Adaptations) would be deemed to be a
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distortion, mutilation, modification or other derogatory action prejudicial
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to the Original Author's honor and reputation, the Licensor will waive or
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not assert, as appropriate, this Section, to the fullest extent permitted by
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the applicable national law, to enable You to reasonably exercise Your right
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under Section 3(b) of this License (right to make Adaptations) but not
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otherwise.
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5. Representations, Warranties and Disclaimer
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING AND TO THE
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FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR OFFERS THE WORK AS-IS AND
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MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK,
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EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
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WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
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NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE
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PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS
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DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT
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APPLY TO YOU.
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6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN
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NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
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INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS
|
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LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES.
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7. Termination
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1. This License and the rights granted hereunder will terminate
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automatically upon any breach by You of the terms of this License.
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Individuals or entities who have received Adaptations or Collections from
|
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You under this License, however, will not have their licenses terminated
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provided such individuals or entities remain in full compliance with those
|
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licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this
|
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License.
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2. Subject to the above terms and conditions, the license granted here is
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perpetual (for the duration of the applicable copyright in the Work).
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Notwithstanding the above, Licensor reserves the right to release the Work
|
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under different license terms or to stop distributing the Work at any time;
|
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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
|
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under the terms of this License), and this License will continue in full
|
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force and effect unless terminated as stated above.
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8. Miscellaneous
|
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1. Each time You Distribute or Publicly Perform the Work or a Collection,
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the Licensor offers to the recipient a license to the Work on the same terms
|
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and conditions as the license granted to You under this License.
|
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|
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2. Each time You Distribute or Publicly Perform an Adaptation, Licensor
|
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|
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.
|
||
|
|
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3. If any provision of this License is invalid or unenforceable under
|
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|
applicable law, it shall not affect the validity or enforceability of the
|
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|
remainder of the terms of this License, and without further action by the
|
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|
parties to this agreement, such provision shall be reformed to the minimum
|
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extent necessary to make such provision valid and enforceable.
|
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|
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4. No term or provision of this License shall be deemed waived and no breach
|
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consented to unless such waiver or consent shall be in writing and signed by
|
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the party to be charged with such waiver or consent.
|
||
|
|
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|
5. This License constitutes the entire agreement between the parties with
|
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|
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
|
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written agreement of the Licensor and You.
|
||
|
|
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|
6. The rights granted under, and the subject matter referenced, in this
|
||
|
License were drafted utilizing the terminology of the Berne Convention for
|
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|
the Protection of Literary and Artistic Works (as amended on September 28,
|
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1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the
|
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WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright
|
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|
Convention (as revised on July 24, 1971). These rights and subject matter
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take effect in the relevant jurisdiction in which the License terms are
|
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|
sought to be enforced according to the corresponding provisions of the
|
||
|
implementation of those treaty provisions in the applicable national law. If
|
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|
the standard suite of rights granted under applicable copyright law includes
|
||
|
additional rights not granted under this License, such additional rights are
|
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|
deemed to be included in the License; this License is not intended to
|
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restrict the license of any rights under applicable law.
|
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Creative Commons Notice
|
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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
|
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|
to You or any party on any legal theory for any damages whatsoever,
|
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|
including without limitation any general, special, incidental or
|
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|
consequential damages arising in connection to this license.
|
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|
Notwithstanding the foregoing two (2) sentences, if Creative Commons has
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expressly identified itself as the Licensor hereunder, it shall have all
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rights and obligations of Licensor.
|
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|
Except for the limited purpose of indicating to the public that the Work is
|
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|
licensed under the CCPL, Creative Commons does not authorize the use by
|
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|
either party of the trademark "Creative Commons" or any related trademark
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|
or logo of Creative Commons without the prior written consent of Creative
|
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|
Commons. Any permitted use will be in compliance with Creative Commons'
|
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|
then-current trademark usage guidelines, as may be published on its website
|
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|
or otherwise made available upon request from time to time. For the
|
||
|
avoidance of doubt, this trademark restriction does not form part of this
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|
License.
|
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Creative Commons may be contacted at http://creativecommons.org/.
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