summaryrefslogtreecommitdiff
blob: 2610a73712af0a25d670b2600c9a4087f5b97bdd (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
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
Creative Commons Legal Code

*Attribution-NonCommercial-ShareAlike 2.5*

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*

   1. *"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.
   2. *"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.
   3. *"Licensor"* means the individual or entity that offers the Work
      under the terms of this License.
   4. *"Original Author"* means the individual or entity who created the
      Work.
   5. *"Work"* means the copyrightable work of authorship offered under
      the terms of this License.
   6. *"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.
   7. *"License Elements"* means the following high-level license
      attributes as selected by Licensor and indicated in the title of
      this License: Attribution, Noncommercial, ShareAlike.

*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:

   1. 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;
   2. to create and reproduce Derivative Works;
   3. 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;
   4. to distribute copies or phonorecords of, display publicly, perform
      publicly, and perform publicly by means of a digital audio
      transmission Derivative 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. All rights not expressly granted by Licensor
are hereby reserved, including but not limited to the rights set forth
in Sections 4(e) and 4(f).

*4. Restrictions.*The license granted in Section 3 above is expressly
made subject to and limited by the following restrictions:

   1. 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 credit as required by clause
      4(d), 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 clause 4(d), as
      requested.
   2. You may distribute, publicly display, publicly perform, or
      publicly digitally perform a Derivative Work only under the terms
      of this License, a later version of this License with the same
      License Elements as this License, or a Creative Commons iCommons
      license that contains the same License Elements as this License
      (e.g. Attribution-NonCommercial-ShareAlike 2.5 Japan). You must
      include a copy of, or the Uniform Resource Identifier for, this
      License or other license specified in the previous sentence with
      every copy or phonorecord of each Derivative Work You distribute,
      publicly display, publicly perform, or publicly digitally perform.
      You may not offer or impose any terms on the Derivative Works that
      alter or restrict the terms of this License or the recipients'
      exercise of the rights granted hereunder, and 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 Derivative 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 Derivative Work as incorporated in a
      Collective Work, but this does not require the Collective Work
      apart from the Derivative Work itself to be made subject to the
      terms of this License.
   3. 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.
   4. If you distribute, publicly display, publicly perform, or publicly
      digitally perform the Work or any Derivative Works or Collective
      Works, You must 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 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 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"). Such credit 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 where any other comparable authorship credit appears and in
      a manner at least as prominent as such other comparable authorship
      credit.
   5.

      For the avoidance of doubt, where the Work is a musical composition:

         1. *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.
         2. *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.
   6. *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 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*

   1. 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 or
      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.
   2. 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*

   1. 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.
   2. 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.
   3. 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.
   4. 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.
   5. 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 http://creativecommons.org/
<http://creativecommons.org>.