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