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
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“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.
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“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.
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“Distribute” means to make
available to the public the original and copies of
the Work through sale or other transfer of
ownership.
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“Licensor” means the individual,
individuals, entity or entities that offer(s) the
Work under the terms of this License.
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“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.
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“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.
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“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.
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“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.
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“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:
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to
Reproduce the Work, to incorporate the Work into one
or more Collections, and to Reproduce the Work as
incorporated in the Collections; and,
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to
Distribute and Publicly Perform the Work including
as incorporated in Collections.
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, but otherwise you have no rights to
make Adaptations. Subject to 8(f), all rights not
expressly granted by Licensor are hereby reserved,
including but not limited to the rights set forth in
Section 4(d).
4. Restrictions.
The license granted in
Section 3 above is expressly made subject to and limited
by the following restrictions:
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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(c),
as requested.
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You
may not exercise any of the rights granted to You in
Section 3 above in any manner that is primarily
intended for or directed toward commercial advantage
or private monetary compensation. The exchange of
the Work for other copyrighted works by means of
digital file-sharing or otherwise shall not be
considered to be intended for or directed toward
commercial advantage or private monetary
compensation, provided there is no payment of any
monetary compensation in connection with the
exchange of copyrighted works.
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If
You Distribute, or Publicly Perform the Work 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. The credit
required by this Section 4(c) may be implemented in
any reasonable manner; provided, however, that in
the case of a Collection, at a minimum such credit
will appear, if a credit for all contributing
authors of 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.
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For
the avoidance of doubt:
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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;
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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(b) and otherwise
waives the right to collect royalties through
any statutory or compulsory licensing scheme;
and,
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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(b).
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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 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.
5. Representations, Warranties and Disclaimer
UNLESS
OTHERWISE MUTUALLY AGREED 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
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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 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.
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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
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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.
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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.
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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.
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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.
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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.
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