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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE | |
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE | |
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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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