379 lines
21 KiB
Plaintext
379 lines
21 KiB
Plaintext
Creative Commons Legal Code - Attribution-ShareAlike 3.0
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License
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
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COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
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COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
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AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE
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TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY
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BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS
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CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND
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CONDITIONS.
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1. Definitions
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1. "Adaptation" means a work based upon the Work, or upon the Work
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and 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 recognizably
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derived from the original, except that a work that constitutes a
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Collection will not be considered an Adaptation for the purpose of
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this License. For the avoidance of doubt, where the Work is a musical
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work, performance or phonogram, the synchronization of the Work in
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timed-relation with a moving image ("synching") will be considered an
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Adaptation for the purpose of this License.
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2. "Collection" means a collection of literary or artistic works,
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such as encyclopedias and anthologies, or performances, phonograms or
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broadcasts, or other works or subject matter other than works listed
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in Section 1(f) below, which, by reason of the selection and
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arrangement of their contents, constitute intellectual creations, in
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which the Work is included in its entirety in unmodified form along
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with one or more other contributions, each constituting separate and
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independent works in themselves, which together are assembled into a
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collective whole. A work that constitutes a Collection will not be
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considered an Adaptation (as defined below) for the purposes of this
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License.
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3. "Creative Commons Compatible License" means a license that is
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listed at http://creativecommons.org/compatiblelicenses that has been
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approved by Creative Commons as being essentially equivalent to this
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License, including, at a minimum, because that license: (i) contains
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terms that have the same purpose, meaning and effect as the License
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Elements of this License; and, (ii) explicitly permits the
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relicensing of adaptations of works made available under that license
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under this License or a Creative Commons jurisdiction license with
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the same License Elements as this License.
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4. "Distribute" means to make available to the public the original
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and copies of the Work or Adaptation, as appropriate, through sale or
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other transfer of ownership.
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5. "License Elements" means the following high-level license
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attributes as selected by Licensor and indicated in the title of this
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License: Attribution, ShareAlike.
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6. "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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7. "Original Author" means, in the case of a literary or artistic
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work, the individual, individuals, entity or entities who created the
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Work or if no individual or entity can be identified, the publisher;
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and in addition (i) in the case of a performance the actors, singers,
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musicians, dancers, and other persons who act, sing, deliver,
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declaim, play in, interpret or otherwise perform literary or artistic
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works or expressions of folklore; (ii) in the case of a phonogram the
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producer being the person or legal entity who first fixes the sounds
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of a performance or other sounds; and, (iii) in the case of
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broadcasts, the organization that transmits the broadcast.
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8. "Work" means the literary and/or artistic work offered under the
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terms of this License including without limitation any production in
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the literary, scientific and artistic domain, whatever may be the
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mode or form of its expression including digital form, such as a
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book, pamphlet and other writing; a lecture, address, sermon or other
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work of the same nature; a dramatic or dramatico-musical work; a
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choreographic work or entertainment in dumb show; a musical
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composition with or without words; a cinematographic work to which
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are assimilated works expressed by a process analogous to
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cinematography; a work of drawing, painting, architecture, sculpture,
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engraving or lithography; a photographic work to which are
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assimilated works expressed by a process analogous to photography; a
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work of applied art; an illustration, map, plan, sketch or
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three-dimensional work relative to geography, topography,
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architecture or science; a performance; a broadcast; a phonogram; a
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compilation of data to the extent it is protected as a copyrightable
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work; or a work performed by a variety or circus performer to the
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extent it is not otherwise considered a literary or artistic work.
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9. "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 from
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the Licensor to exercise rights under this License despite a previous
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violation.
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10. "Publicly Perform" means to perform public recitations of the
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Work and to communicate to the public those public recitations, by
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any means or process, including by wire or wireless means or public
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digital performances; to make available to the public Works in such a
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way that members of the public may access these Works from a place
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and at a place individually chosen by them; to perform the Work to
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the public by any means or process and the communication to the
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public of the performances of the Work, including by public digital
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performance; to broadcast and rebroadcast the Work by any means
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including signs, sounds or images.
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11. "Reproduce" means to make copies of the Work by any means
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including without limitation by sound or visual recordings and the
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right of fixation and reproducing fixations of the Work, including
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storage of a protected performance or phonogram in digital form or
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other 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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1. 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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2. to create and Reproduce Adaptations provided that any such
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Adaptation, including any translation in any medium, takes reasonable
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steps to clearly label, demarcate or otherwise identify that changes
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were made to the original Work. For example, a translation could be
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marked "The original work was translated from English to Spanish," or
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a modification could indicate "The original work has been modified.";
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3. to Distribute and Publicly Perform the Work including as
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incorporated in Collections; and,
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4. to Distribute and Publicly Perform Adaptations.
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5. For the avoidance of doubt:
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1. 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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2. Waivable Compulsory License Schemes. In those jurisdictions
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in which the right to collect royalties through any statutory
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or compulsory licensing scheme can be waived, the Licensor
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waives the exclusive right to collect such royalties for any
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exercise by You of the rights granted under this License; and,
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3. Voluntary License Schemes. The Licensor waives 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, from
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any exercise by You of the rights granted under this License.
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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.
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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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1. 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 impose
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any terms on the Work that restrict the terms of this License or the
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ability of the recipient of the Work to exercise the rights granted
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to that recipient under the terms of the License. You may not
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sublicense the Work. You must keep intact all notices that refer to
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this License and to the disclaimer of warranties with every copy of
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the Work You Distribute or Publicly Perform. When You Distribute or
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Publicly Perform the Work, You may not impose any effective
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technological measures on the Work that restrict the ability of a
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recipient of the Work from You to exercise the rights granted to that
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recipient under the terms of the License. This Section 4(a) applies
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to the Work as incorporated in a Collection, but this does not
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require the Collection apart from the Work itself to be made subject
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to the terms of this License. If You create a Collection, upon notice
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from any Licensor You must, to the extent practicable, remove from
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the Collection any credit as required by Section 4(c), as requested.
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If You create an Adaptation, upon notice from any Licensor You must,
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to the extent practicable, remove from the Adaptation any credit as
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required by Section 4(c), as requested.
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2. You may Distribute or Publicly Perform an Adaptation only under
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the terms of: (i) this License; (ii) a later version of this License
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with the same License Elements as this License; (iii) a Creative
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Commons jurisdiction license (either this or a later license version)
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that contains the same License Elements as this License (e.g.,
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Attribution-ShareAlike 3.0 US)); (iv) a Creative Commons Compatible
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License. If you license the Adaptation under one of the licenses
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mentioned in (iv), you must comply with the terms of that license. If
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you license the Adaptation under the terms of any of the licenses
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mentioned in (i), (ii) or (iii) (the "Applicable License"), you must
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comply with the terms of the Applicable License generally and the
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following provisions: (I) You must include a copy of, or the URI for,
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the Applicable License with every copy of each Adaptation You
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Distribute or Publicly Perform; (II) You may not offer or impose any
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terms on the Adaptation that restrict the terms of the Applicable
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License or the ability of the recipient of the Adaptation to exercise
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the rights granted to that recipient under the terms of the
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Applicable License; (III) You must keep intact all notices that refer
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to the Applicable License and to the disclaimer of warranties with
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every copy of the Work as included in the Adaptation You Distribute
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or Publicly Perform; (IV) 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 recipient
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under the terms of the Applicable License. This Section 4(b) applies
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to the Adaptation as incorporated in a Collection, but this does not
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require the Collection apart from the Adaptation itself to be made
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subject to the terms of the Applicable License.
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3. 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 to
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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) the
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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 reasonable
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means, the name of such party or parties; (ii) the title of the Work
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if supplied; (iii) to the extent reasonably practicable, the URI, if
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any, that Licensor specifies to be associated with the Work, unless
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such URI does not refer to the copyright notice or licensing
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information for the Work; and (iv) , consistent with Ssection 3(b),
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in the case of an Adaptation, a credit identifying the use of the
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Work in the Adaptation (e.g., "French translation of the Work by
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Original Author," or "Screenplay based on original Work by Original
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Author"). The credit required by this Section 4(c) may be implemented
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in any reasonable manner; provided, however, that in the case of a
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Adaptation or Collection, at a minimum such credit will appear, if a
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credit for all contributing authors of the Adaptation or Collection
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appears, then as part of these credits and in a manner at least as
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prominent as the credits for the other contributing authors. For the
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avoidance of doubt, You may only use the credit required by this
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Section for the purpose of attribution in the manner set out above
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and, by exercising Your rights under this License, You may not
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implicitly or explicitly assert or imply any connection with,
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sponsorship or endorsement by the Original Author, Licensor and/or
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Attribution Parties, as appropriate, of You or Your use of the Work,
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without the separate, express prior written permission of the
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Original Author, Licensor and/or Attribution Parties.
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4. 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 or
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take other derogatory action in relation to the Work which would be
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prejudicial to the Original Author's honor or reputation. Licensor
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agrees that in those jurisdictions (e.g. Japan), in which any
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exercise of the right granted in Section 3(b) of this License (the
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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 reasonably
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exercise Your right under Section 3(b) of this License (right to make
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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, LICENSOR
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OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
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KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
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INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
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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 ERRORS,
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WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE
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EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO 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 HAS
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BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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7. Termination
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1. 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 Collections
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from You under this License, however, will not have their licenses
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terminated provided such individuals or entities remain in full
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compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will
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survive any termination of this License.
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2. Subject to the above terms and conditions, the license granted
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here is perpetual (for the duration of the applicable copyright in
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the 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 terms
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of this License), and this License will continue in full force and
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effect unless terminated as stated above.
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8. Miscellaneous
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1. 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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2. 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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3. 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 of
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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 valid
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and enforceable.
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4. 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 writing
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and signed by the party to be charged with such waiver or consent.
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5. This License constitutes the entire agreement between the parties
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with respect to the Work licensed here. There are no understandings,
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agreements or representations with respect to the Work not specified
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here. Licensor shall not be bound by any additional provisions that
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may appear in any communication from You. This License may not be
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modified without the mutual written agreement of the Licensor and
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You.
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6. 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 WIPO
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Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty
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of 1996 and the Universal Copyright Convention (as revised on July
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24, 1971). These rights and subject matter take effect in the
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relevant jurisdiction in which the License terms are sought to be
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enforced according to the corresponding provisions of the
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implementation of those treaty provisions in the applicable national
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law. If the standard suite of rights granted under applicable
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copyright law includes additional rights not granted under this
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License, such additional rights are deemed to be included in the
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License; this License is not intended to restrict the license of any
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rights under applicable law.
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Creative Commons Notice
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Creative Commons is not a party to this License, and makes no
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warranty whatsoever in connection with the Work. Creative Commons
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will not be liable to You or any party on any legal theory for any
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damages whatsoever, including without limitation any general,
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special, incidental or consequential damages arising in connection
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to this license. Notwithstanding the foregoing two (2) sentences, if
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Creative Commons has expressly identified itself as the Licensor
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hereunder, it shall have all rights and obligations of Licensor.
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Except for the limited purpose of indicating to the public that the
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Work is licensed under the CCPL, Creative Commons does not authorize
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the use by either party of the trademark "Creative Commons" or any
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related trademark or logo of Creative Commons without the prior
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written consent of Creative Commons. Any permitted use will be in
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compliance with Creative Commons' then-current trademark usage
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guidelines, as may be published on its website or otherwise made
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available upon request from time to time. For the avoidance of
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doubt, this trademark restriction does not form part of the License.
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Creative Commons may be contacted at http://creativecommons.org/.
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