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CreativeCommons.txt
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CreativeCommons.txt
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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
a. "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in
which the Work in its entirety in unmodified form, along with one or more other contributions,
constituting separate and independent works in themselves, are assembled into a collective
whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as
defined below) for the purposes of this License.
b. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing
works, such as a translation, musical arrangement, dramatization, fictionalization, motion
picture version, sound recording, art reproduction, abridgment, condensation, or any other form
in which the Work may be recast, transformed, or adapted, except that a work that constitutes a
Collective Work will not be considered a Derivative Work for the purpose of this License. For
the avoidance of doubt, where the Work is a musical composition or sound recording, the
synchronization of the Work in timed-relation with a moving image ("synching") will be
considered a Derivative Work for the purpose of this License.
c. "Licensor" means the individual, individuals, entity or entities that offers the Work under
the terms of this License.
d. "Original Author" means the individual, individuals, entity or entities who created the
Work.
e. "Work" means the copyrightable work of authorship offered under the terms of this License.
f. "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.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights
arising from fair use, first sale or other limitations on the exclusive rights of the copyright
owner 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:
a. to reproduce the Work, to incorporate the Work into one or more Collective Works, and to
reproduce the Work as incorporated in the Collective Works;
b. to create and reproduce Derivative Works provided that any such Derivative Work, 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.";;
c. to distribute copies or phonorecords of, display publicly, perform publicly, and perform
publicly by means of a digital audio transmission the Work including as incorporated in
Collective Works;
d. to distribute copies or phonorecords of, display publicly, perform publicly, and perform
publicly by means of a digital audio transmission Derivative Works.
e. For the avoidance of doubt, where the Work is a musical composition:
i. Performance Royalties Under Blanket Licenses. Licensor waives the exclusive right to
collect, whether individually or, in the event that Licensor is a member of a performance
rights society (e.g. ASCAP, BMI, SESAC), via that society, royalties for the public
performance or public digital performance (e.g. webcast) of the Work.
ii. Mechanical Rights and Statutory Royalties. Licensor waives the exclusive right to
collect, whether individually or via a music rights agency or designated agent (e.g. Harry
Fox Agency), royalties for any phonorecord You create from the Work ("cover version") and
distribute, subject to the compulsory license created by 17 USC Section 115 of the US
Copyright Act (or the equivalent in other jurisdictions).
f. Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a
sound recording, Licensor waives the exclusive right to collect, whether individually or via a
performance-rights society (e.g. SoundExchange), royalties for the public digital performance
(e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of
the US Copyright Act (or the equivalent in other jurisdictions).
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. All rights not expressly granted by Licensor are
hereby reserved.
4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by
the following restrictions:
a. You may distribute, publicly display, publicly perform, or publicly digitally perform the
Work only under the terms of this License, and You must include a copy of, or the Uniform
Resource Identifier for, this License with every copy or phonorecord of the Work You
distribute, publicly display, publicly perform, or publicly digitally perform. You may not
offer or impose any terms on the Work that restrict the terms of this License or the ability of
a 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. When You distribute, publicly display, publicly
perform, or publicly digitally perform the Work, You may not impose any 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 Collective Work, but this does not require the Collective Work
apart from the Work itself to be made subject to the terms of this License. If You create a
Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from
the Collective Work any credit as required by Section 4(b), as requested. If You create a
Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from
the Derivative Work any credit as required by Section 4(b), as requested.
b. If You distribute, publicly display, publicly perform, or publicly digitally perform the
Work (as defined in Section 1 above) or any Derivative Works (as defined in Section 1 above) or
Collective Works (as defined in Section 1 above), 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 (ii) 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; the title of the Work if supplied;
to the extent reasonably practicable, the Uniform Resource Identifier, 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, consistent with Section 3(b) in the case of
a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g.,
"French translation of the Work by Original Author," or "Screenplay based on original Work by
Original Author"). The credit required by this Section 4(b) may be implemented in any
reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work,
at a minimum such credit will appear, if a credit for all contributing authors of the
Derivative Work or Collective Work 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. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND
ONLY TO THE EXTENT OF ANY RIGHTS HELD IN THE LICENSED WORK BY THE LICENSOR. THE LICENSOR MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MARKETABILITY, 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
a. 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 Derivative Works
(as defined in Section 1 above) or Collective Works (as defined in Section 1 above) 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.
b. 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
a. Each time You distribute or publicly digitally perform the Work (as defined in Section 1
above) or a Collective Work (as defined in Section 1 above), 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.
b. Each time You distribute or publicly digitally perform a Derivative Work, 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.
c. 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.
d. 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.
e. 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.