summaryrefslogtreecommitdiff
blob: 235543bddda61481fa8cf41728a736b829f94457 (plain)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
                            [1]Creative Commons

                        Creative Commons Legal Code

                   Attribution-NonCommercial-NoDerivs 2.0
   CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE
   LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN
   ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS
   INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES
   REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR
   DAMAGES RESULTING FROM ITS USE.

   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. 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 a number of 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 or entity that offers the Work
       under the terms of this License.
    d. "Original Author" means the individual or entity 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 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;

   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
   Derivative Works. All rights not expressly granted by Licensor are
   hereby reserved, including but not limited to the rights set forth in
   Sections 4(d) and 4(e).

   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 alter or restrict the terms of this License or
       the recipients' exercise of the rights granted hereunder. You may
       not sublicense the Work. You must keep intact all notices that
       refer to this License and to the disclaimer of warranties. You may
       not distribute, publicly display, publicly perform, or publicly
       digitally perform the Work with any technological measures that
       control access or use of the Work in a manner inconsistent with
       the terms of this License Agreement. The above 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 reference to such Licensor or
       the Original Author, as requested.
    b. 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.
    c. If you distribute, publicly display, publicly perform, or publicly
       digitally perform the Work, You must keep intact all copyright
       notices for the Work and give the Original Author credit
       reasonable to the medium or means You are utilizing by conveying
       the name (or pseudonym if applicable) of the Original Author if
       supplied; the title of the Work if supplied; and 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. Such credit may be implemented in any
       reasonable manner; provided, however, that in the case of a
       Collective Work, at a minimum such credit will appear where any
       other comparable authorship credit appears and in a manner at
       least as prominent as such other comparable authorship credit.
    d. For the avoidance of doubt, where the Work is a musical
       composition:
         i. Performance Royalties Under Blanket Licenses. Licensor
            reserves the exclusive right to collect, whether individually
            or via a performance rights society (e.g. ASCAP, BMI, SESAC),
            royalties for the public performance or public digital
            performance (e.g. webcast) of the Work if that performance is
            primarily intended for or directed toward commercial
            advantage or private monetary compensation.
        ii. Mechanical Rights and Statutory Royalties. Licensor reserves
            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), if
            Your distribution of such cover version is primarily intended
            for or directed toward commercial advantage or private
            monetary compensation.
    e. Webcasting Rights and Statutory Royalties. For the avoidance of
       doubt, where the Work is a sound recording, Licensor reserves 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), if Your
       public digital performance is primarily intended for or directed
       toward commercial advantage or private monetary compensation.

   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
    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 Collective Works 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 or
       a Collective Work, 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. 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.
    c. 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.
    d. 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.

   Creative Commons is not a party to this License, and makes no warranty
   whatsoever in connection with the Work. Creative Commons will not be
   liable to You or any party on any legal theory for any damages
   whatsoever, including without limitation any general, special,
   incidental or consequential damages arising in connection to this
   license. Notwithstanding the foregoing two (2) sentences, if Creative
   Commons has expressly identified itself as the Licensor hereunder, it
   shall have all rights and obligations of Licensor.

   Except for the limited purpose of indicating to the public that the
   Work is licensed under the CCPL, neither party will use the trademark
   "Creative Commons" or any related trademark or logo of Creative
   Commons without the prior written consent of Creative Commons. Any
   permitted use will be in compliance with Creative Commons'
   then-current trademark usage guidelines, as may be published on its
   website or otherwise made available upon request from time to time.

   Creative Commons may be contacted at [2]http://creativecommons.org/.

                                                [3] Back to Commons Deed

References

   1. http://creativecommons.org/
   2. http://creativecommons.org/
   3. http://creativecommons.org/licenses/by-nc-nd/2.0/