341 lines
19 KiB
Text
341 lines
19 KiB
Text
License
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS
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CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS
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PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE
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WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS
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PROHIBITED.
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND
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AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS
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LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU
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THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF
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SUCH TERMS AND CONDITIONS.
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1. Definitions
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1. "Adaptation" means a work based upon the Work, or upon the
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Work and other pre-existing works, such as a translation,
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adaptation, derivative work, arrangement of music or other
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alterations of a literary or artistic work, or phonogram or
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performance and includes cinematographic adaptations or any other
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form in which the Work may be recast, transformed, or adapted
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including in any form recognizably derived from the original, except
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that a work that constitutes a Collection will not be considered an
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Adaptation for the purpose of this License. For the avoidance of
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doubt, where the Work is a musical work, performance or phonogram,
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the synchronization of the Work in timed-relation with a moving
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image ("synching") will be considered an Adaptation for the purpose
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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
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or broadcasts, or other works or subject matter other than works
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listed in Section 1(g) 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 above) for the purposes of this
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License.
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3. "Distribute" means to make available to the public the
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original and copies of the Work or Adaptation, as appropriate,
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through sale or other transfer of ownership.
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4. "License Elements" means the following high-level license
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attributes as selected by Licensor and indicated in the title of
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this License: Attribution, Noncommercial, ShareAlike.
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5. "Licensor" means the individual, individuals, entity or
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entities that offer(s) the Work under the terms of this License.
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6. "Original Author" means, in the case of a literary or artistic
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work, the individual, individuals, entity or entities who created
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the Work or if no individual or entity can be identified, the
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publisher; and in addition (i) in the case of a performance the
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actors, singers, musicians, dancers, and other persons who act,
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sing, deliver, declaim, play in, interpret or otherwise perform
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literary or artistic works or expressions of folklore; (ii) in the
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case of a phonogram the producer being the person or legal entity
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who first fixes the sounds of a performance or other sounds; and,
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(iii) in the case of broadcasts, the organization that transmits the
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broadcast.
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7. "Work" means the literary and/or artistic work offered under
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the terms of this License including without limitation any
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production in the literary, scientific and artistic domain, whatever
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may be the mode or form of its expression including digital form,
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such as a book, pamphlet and other writing; a lecture, address,
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sermon or other work of the same nature; a dramatic or
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dramatico-musical work; a choreographic work or entertainment in
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dumb show; a musical composition with or without words; a
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cinematographic work to which are assimilated works expressed by a
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process analogous to cinematography; a work of drawing, painting,
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architecture, sculpture, engraving or lithography; a photographic
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work to which are assimilated works expressed by a process analogous
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to photography; a work of applied art; an illustration, map, plan,
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sketch or 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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8. "You" means an individual or entity exercising rights under
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this License who has not previously violated the terms of this
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License with respect to the Work, or who has received express
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permission from the Licensor to exercise rights under this License
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despite a previous violation.
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9. "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
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a 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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10. "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
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reduce, limit, or restrict any uses free from copyright or rights
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arising from limitations or exceptions that are provided for in
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connection with the copyright protection under copyright law or
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other applicable laws.
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3. License Grant. Subject to the terms and conditions of this
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License, Licensor hereby grants You a worldwide, royalty-free,
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non-exclusive, perpetual (for the duration of the applicable
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copyright) license to exercise the rights in the Work as stated
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below:
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1. to Reproduce the Work, to incorporate the Work into one or
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more 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
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reasonable steps to clearly label, demarcate or otherwise identify
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that changes were made to the original Work. For example, a
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translation could be marked "The original work was translated from
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English to Spanish," or a modification could indicate "The original
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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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The above rights may be exercised in all media and formats whether
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now known or hereafter devised. The above rights include the right
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to make such modifications as are technically necessary to exercise
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the rights in other media and formats. Subject to Section 8(f), all
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rights not expressly granted by Licensor are hereby reserved,
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including but not limited to the rights described in Section 4(e).
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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
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that recipient under the terms of the License. This Section 4(a)
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applies to the Work as incorporated in a Collection, but this does
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not require the Collection apart from the Work itself to be made
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subject to the terms of this License. If You create a Collection,
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upon notice from any Licensor You must, to the extent practicable,
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remove from the Collection any credit as required by Section 4(d),
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as requested. If You create an Adaptation, upon notice from any
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Licensor You must, to the extent practicable, remove from the
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Adaptation any credit as required by Section 4(d), as requested.
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2. You may Distribute or Publicly Perform an Adaptation only
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under: (i) the terms of this License; (ii) a later version of this
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License with the same License Elements as this License; (iii) a
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Creative Commons jurisdiction license (either this or a later
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license version) that contains the same License Elements as this
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License (e.g., Attribution-NonCommercial-ShareAlike 3.0 US)
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("Applicable License"). You must include a copy of, or the URI, for
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Applicable License with every copy of each Adaptation You Distribute
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or Publicly Perform. You may not offer or impose any terms on the
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Adaptation that restrict the terms of the Applicable License or the
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ability of the recipient of the Adaptation to exercise the rights
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granted to that recipient under the terms of the Applicable License.
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You must keep intact all notices that refer to the Applicable
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License and to the disclaimer of warranties with every copy of the
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Work as included in the Adaptation You Distribute or Publicly
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Perform. When You Distribute or Publicly Perform the Adaptation, You
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may not impose any effective technological measures on the
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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. You may not exercise any of the rights granted to You in
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Section 3 above in any manner that is primarily intended for or
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directed toward commercial advantage or private monetary
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compensation. The exchange of the Work for other copyrighted works
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by means of digital file-sharing or otherwise shall not be
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considered to be intended for or directed toward commercial
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advantage or private monetary compensation, provided there is no
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payment of any monetary compensation in con-nection with the
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exchange of copyrighted works.
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4. If You Distribute, or Publicly Perform the Work or any
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Adaptations or Collections, You must, unless a request has been made
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pursuant to Section 4(a), keep intact all copyright notices for the
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Work and provide, reasonable to the medium or means You are
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utilizing: (i) the name of the Original Author (or pseudonym, if
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applicable) if supplied, and/or if the Original Author and/or
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Licensor designate another party or parties (e.g., a sponsor
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institute, publishing entity, journal) for attribution ("Attribution
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Parties") in Licensor's copyright notice, terms of service or by
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other reasonable means, the name of such party or parties; (ii) the
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title of the Work if supplied; (iii) to the extent reasonably
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practicable, the URI, if any, that Licensor specifies to be
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associated with the Work, unless such URI does not refer to the
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copyright notice or licensing information for the Work; and, (iv)
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consistent with Section 3(b), in the case of an Adaptation, a credit
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identifying the use of the Work in the Adaptation (e.g., "French
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translation of the Work by Original Author," or "Screenplay based on
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original Work by Original Author"). The credit required by this
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Section 4(d) may be implemented in any reasonable manner; provided,
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however, that in the case of a Adaptation or Collection, at a
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minimum such credit will appear, if a credit for all contributing
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authors of the Adaptation or Collection appears, then as part of
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these credits and in a manner at least as prominent as the credits
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for the other contributing authors. For the avoidance of doubt, You
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may only use the credit required by this Section for the purpose of
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attribution in the manner set out above and, by exercising Your
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rights under this License, You may not implicitly or explicitly
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assert or imply any connection with, sponsorship or endorsement by
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the Original Author, Licensor and/or Attribution Parties, as
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appropriate, of You or Your use of the Work, without the separate,
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express prior written permission of the Original Author, Licensor
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and/or Attribution Parties.
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5.
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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 any
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statutory or compulsory licensing scheme cannot be waived, the
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Licensor reserves the exclusive right to collect such royalties for
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any exercise by You of the rights granted under this License;
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2. Waivable Compulsory License Schemes. In those
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jurisdictions in which the right to collect royalties through any
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statutory or compulsory licensing scheme can be waived, the Licensor
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reserves the exclusive right to collect such royalties for any
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exercise by You of the rights granted under this License if Your
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exercise of such rights is for a purpose or use which is otherwise
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than noncommercial as permitted under Section 4(c) and otherwise
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waives the right to collect royalties through any statutory or
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compulsory licensing scheme; and,
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3. Voluntary License Schemes. The Licensor reserves the
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right to collect royalties, whether individually or, in the event
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that the Licensor is a member of a collecting society that
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administers voluntary licensing schemes, via that society, from any
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exercise by You of the rights granted under this License that is for
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a purpose or use which is otherwise than noncommercial as permitted
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under Section 4(c).
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6. Except as otherwise agreed in writing by the Licensor or as
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may be otherwise permitted by applicable law, if You Reproduce,
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Distribute or Publicly Perform the Work either by itself or as part
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of any Adaptations or Collections, You must not distort, mutilate,
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modify or take other derogatory action in relation to the Work which
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would be prejudicial to the Original Author's honor or reputation.
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Licensor agrees that in those jurisdictions (e.g. Japan), in which
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any exercise of the right granted in Section 3(b) of this License
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(the 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
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reasonably exercise Your right under Section 3(b) of this License
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(right to make 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 AND TO
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THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR OFFERS THE
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WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
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CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
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INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY,
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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
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ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW
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THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY
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TO YOU.
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6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY
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APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY
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LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
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EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE
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WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
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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
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under applicable law, it shall not affect the validity or
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enforceability of the remainder of the terms of this License, and
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without further action by the parties to this agreement, such
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provision shall be reformed to the minimum extent necessary to make
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such provision valid and enforceable.
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4. No term or provision of this License shall be deemed waived
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and no breach consented to unless such waiver or consent shall be in
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writing and signed by the party to be charged with such waiver or
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consent.
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5. This License constitutes the entire agreement between the
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parties with respect to the Work licensed here. There are no
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understandings, agreements or representations with respect to the
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Work not specified here. Licensor shall not be bound by any
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additional provisions that may appear in any communication from You.
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This License may not be modified without the mutual written
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agreement of the Licensor and You.
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6. The rights granted under, and the subject matter referenced,
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in 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
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WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms
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Treaty of 1996 and the Universal Copyright Convention (as revised on
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July 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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