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LICENSE
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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 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. TO THE EXTENT THIS LICENSE MAY 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
"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. "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. "Distribute"
means to make available to the public the original and copies of the Work
through sale or other transfer of ownership. "Licensor" means the individual,
individuals, entity or entities that offer(s) the Work under the terms of this
License. "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. "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. "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. "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. "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:
to Reproduce the Work, to incorporate the Work into one or more Collections, and
to Reproduce the Work as incorporated in the Collections; and, to Distribute and
Publicly Perform the Work including as incorporated in Collections. 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 Adaptations. Subject to 8(f), all rights
not expressly granted by Licensor are hereby reserved, including but not limited
to the rights set forth in Section 4(d).
4. Restrictions. The license granted in Section 3 above is expressly made
subject to and limited by the following restrictions:
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(c),
as requested. 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. If You Distribute, or
Publicly Perform the Work 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. The credit
required by this Section 4(c) may be implemented in any reasonable manner;
provided, however, that in the case of a Collection, at a minimum such credit
will appear, if a credit for all contributing authors of 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. For the avoidance of doubt:
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;
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 reserves the exclusive right to collect such royalties for
any exercise by You of the rights granted under this License if Your exercise of
such rights is for a purpose or use which is otherwise than noncommercial as
permitted under Section 4(b) and otherwise waives the right to collect royalties
through any statutory or compulsory licensing scheme; and, Voluntary License
Schemes. The Licensor reserves 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 that is for a purpose
or use which is otherwise than noncommercial as permitted under Section 4(b).
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 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. 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
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 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. 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
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. 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. 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.
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. 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.