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

Creative Commons

Attribution-NonCommercial-ShareAlike 3.0 Unported

    CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
    SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT
    RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS"
    BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION
    PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.

License

THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.

BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO
BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS
CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND
CONDITIONS.

1. Definitions

 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(g) below,
    which, by reason of the selection and arrangement of their contents,
    constitute intellectual creations, in which the Work is included in its
    entirety in unmodified form along with one or more other contributions, each
    constituting separate and independent works in themselves, which together
    are assembled into a collective whole. A work that constitutes a Collection
    will not be considered an Adaptation (as defined above) for the purposes of
    this License.
 c. "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.
 d. "License Elements" means the following high-level license attributes as
    selected by Licensor and indicated in the title of this License:
    Attribution, Noncommercial, ShareAlike.
 e. "Licensor" means the individual, individuals, entity or entities that
    offer(s) the Work under the terms of this License.
 f. "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.
 g. "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.
 h. "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.
 i. "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.
 j. "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.

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, including but not limited to the rights described in Section 4(e).

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(d), 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(d), as requested.
   b. You may Distribute or Publicly Perform an Adaptation only under: (i) the
      terms of 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-NonCommercial-ShareAlike 3.0 US) ("Applicable License"). You
      must include a copy of, or the URI, for Applicable License with every copy
      of each Adaptation You Distribute or Publicly Perform. 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. 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.
      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. You may not exercise any of the rights granted to You in Section 3 above
      in any manner that is primarily intended for or directed toward commercial
      advantage or private monetary compensation. The exchange of the Work for
      other copyrighted works by means of digital file-sharing or otherwise
      shall not be considered to be intended for or directed toward commercial
      advantage or private monetary compensation, provided there is no payment
      of any monetary compensation in con-nection with the exchange of
      copyrighted works.
   d. 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 Section 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(d) 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.
   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 reserves the exclusive
         right to collect such royalties for any exercise by You of the rights
         granted under this License if Your exercise of such rights is for a
         purpose or use which is otherwise than noncommercial as permitted under
         Section 4(c) and otherwise waives the right to collect royalties
         through any statutory or compulsory licensing scheme; and,
    iii. Voluntary License Schemes. The Licensor reserves the right to collect
         royalties, whether individually or, in the event that the Licensor is a
         member of a collecting society that administers voluntary licensing
         schemes, via that society, from any exercise by You of the rights
         granted under this License that is for a purpose or use which is
         otherwise than noncommercial as permitted under Section 4(c).
   f. 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 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 Collective Works from You under this License,
    however, will not have their licenses terminated provided such individuals
    or entities remain in full compliance with those licenses. Sections 1, 2,
    5, 6, 7, and 8 will survive any termination of this License.
 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 rights and obligations of Licensor.

Except for the limited purpose of indicating to the public that the Work is
licensed under the CCPL, neither party will use the trademark "Creative
Commons" or any related trademark or logo of Creative Commons without the prior
written consent of Creative Commons. Any permitted use will be in compliance
with Creative Commons' then-current trademark usage guidelines, as may be
published on its website or otherwise made available upon request from time to
time.

Creative Commons may be contacted at http://creativecommons.org/.