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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
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE
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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. "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.
b. "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.
c. "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.
d. "Licensor" means the individual, individuals, entity or entities that
offer(s) the Work under the terms of this License.
e. "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.
f. "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.
g. "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.
h. "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.
i. "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:
a. to Reproduce the Work, to incorporate the Work into one or more
Collections, and to Reproduce the Work as incorporated in the
Collections;
b. 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.";
c. to Distribute and Publicly Perform the Work including as incorporated
in Collections; and,
d. to Distribute and Publicly Perform Adaptations.
e. For the avoidance of doubt:
i. 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;
ii. 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 waives the
exclusive right to collect such royalties for any exercise by You
of the rights granted under this License; and,
iii. Voluntary License Schemes. The Licensor waives 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.
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.
4. Restrictions. The license granted in Section 3 above is expressly made
subject to and limited by the following restrictions:
a. 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(b), 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(b), as requested.
b. 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 (b) 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.
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, 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
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 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.
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 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.
b. 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.
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.
f. 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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