pkgsrc/licenses/cc-by-sa-v3.0

Creative Commons Legal Code

Attribution-ShareAlike 3.0 Unported

    CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
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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. 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

 a. "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.
 b. "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 below) for the
    purposes of this License.
 c. "Creative Commons Compatible License" means a license that is listed at
    http://creativecommons.org/compatiblelicenses that has been approved by
    Creative Commons as being essentially equivalent to this License,
    including, at a minimum, because that license: (i) contains terms that have
    the same purpose, meaning and effect as the License Elements of this
    License; and, (ii) explicitly permits the relicensing of adaptations of
    works made available under that license under this License or a Creative
    Commons jurisdiction license with the same License Elements as this
    License.
 d. "Distribute" means to make available to the public the original and copies
    of the Work or Adaptation, as appropriate, through sale or other transfer
    of ownership.
 e. "License Elements" means the following high-level license attributes as
    selected by Licensor and indicated in the title of this License:
    Attribution, ShareAlike.
 f. "Licensor" means the individual, individuals, entity or entities that offer
    (s) the Work under the terms of this License.
 g. "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.
 h. "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.
 i. "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.
 j. "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.
 k. "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:

 a. to Reproduce the Work, to incorporate the Work into one or more
    Collections, and to Reproduce the Work as incorporated in the Collections;
 b. to create and Reproduce Adaptations provided that any such Adaptation,
    including any translation in any medium, takes reasonable steps to clearly
    label, demarcate or otherwise identify that changes were made to the
    original Work. For example, a translation could be marked "The original
    work was translated from English to Spanish," or a modification could
    indicate "The original work has been modified.";
 c. to Distribute and Publicly Perform the Work including as incorporated in
    Collections; and,
 d. to Distribute and Publicly Perform Adaptations.
 e. For the avoidance of doubt:

     i. 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;
    ii. 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 waives the exclusive right
        to collect such royalties for any exercise by You of the rights granted
        under this License; and,
    iii. Voluntary License Schemes. The Licensor waives 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.

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. Subject to Section 8(f), all rights not expressly granted by
Licensor are hereby reserved.

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

 a. 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. If You create an Adaptation, upon
    notice from any Licensor You must, to the extent practicable, remove from
    the Adaptation any credit as required by Section 4(c), as requested.
 b. You may Distribute or Publicly Perform an Adaptation only under the terms
    of: (i) this License; (ii) a later version of this License with the same
    License Elements as this License; (iii) a Creative Commons jurisdiction
    license (either this or a later license version) that contains the same
    License Elements as this License (e.g., Attribution-ShareAlike 3.0 US));
    (iv) a Creative Commons Compatible License. If you license the Adaptation
    under one of the licenses mentioned in (iv), you must comply with the terms
    of that license. If you license the Adaptation under the terms of any of
    the licenses mentioned in (i), (ii) or (iii) (the "Applicable License"),
    you must comply with the terms of the Applicable License generally and the
    following provisions: (I) You must include a copy of, or the URI for, the
    Applicable License with every copy of each Adaptation You Distribute or
    Publicly Perform; (II) You may not offer or impose any terms on the
    Adaptation that restrict the terms of the Applicable License or the ability
    of the recipient of the Adaptation to exercise the rights granted to that
    recipient under the terms of the Applicable License; (III) You must keep
    intact all notices that refer to the Applicable License and to the
    disclaimer of warranties with every copy of the Work as included in the
    Adaptation You Distribute or Publicly Perform; (IV) when You Distribute or
    Publicly Perform the Adaptation, You may not impose any effective
    technological measures on the Adaptation that restrict the ability of a
    recipient of the Adaptation from You to exercise the rights granted to that
    recipient under the terms of the Applicable License. This Section 4(b)
    applies to the Adaptation as incorporated in a Collection, but this does
    not require the Collection apart from the Adaptation itself to be made
    subject to the terms of the Applicable License.
 c. If You Distribute, or Publicly Perform the Work or any Adaptations 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; and (iv) , consistent with Ssection 3(b), in the case of an
    Adaptation, a credit identifying the use of the Work in the Adaptation
    (e.g., "French translation of the Work by Original Author," or "Screenplay
    based on original Work by Original Author"). The credit required by this
    Section 4(c) may be implemented in any reasonable manner; provided,
    however, that in the case of a Adaptation or Collection, at a minimum such
    credit will appear, if a credit for all contributing authors of the
    Adaptation or 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.
 d. 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 Adaptations or
    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. Licensor agrees that in those
    jurisdictions (e.g. Japan), in which any exercise of the right granted in
    Section 3(b) of this License (the right to make Adaptations) would be
    deemed to be a distortion, mutilation, modification or other derogatory
    action prejudicial to the Original Author's honor and reputation, the
    Licensor will waive or not assert, as appropriate, this Section, to the
    fullest extent permitted by the applicable national law, to enable You to
    reasonably exercise Your right under Section 3(b) of this License (right to
    make Adaptations) but not otherwise.

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

 a. This License and the rights granted hereunder will terminate automatically
    upon any breach by You of the terms of this License. Individuals or
    entities who have received Adaptations or 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.
 b. Subject to the above terms and conditions, the license granted here is
    perpetual (for the duration of the applicable copyright in the Work).
    Notwithstanding the above, Licensor reserves the right to release the Work
    under different license terms or to stop distributing the Work at any time;
    provided, however that any such election will not serve to withdraw this
    License (or any other license that has been, or is required to be, granted
    under the terms of this License), and this License will continue in full
    force and effect unless terminated as stated above.

8. Miscellaneous

 a. Each time You Distribute or Publicly 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.
 b. Each time You Distribute or Publicly Perform an Adaptation, 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.
 c. 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.
 d. 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.
 e. 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.
 f. 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.

    Creative Commons Notice

    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
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    avoidance of doubt, this trademark restriction does not form part of the
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