pkgsrc/licenses/cc-by-nc-v4.0-license

252 lines
15 KiB
Plaintext

Creative Commons Attribution-NonCommercial 4.0 International Public License
===============================================================================
By exercising the Licensed Rights (defined below), You accept and agree to be
bound by the terms and conditions of this Creative Commons Attribution-
NonCommercial 4.0 International Public License ("Public License").
To the extent this Public License may be interpreted as a contract, You are
granted the Licensed Rights in consideration of Your acceptance of these terms
and conditions, and the Licensor grants You such rights in consideration of
benefits the Licensor receives from making the Licensed Material available
under these terms and conditions.
===============================================================================
Section 1 - Definitions
-----------------------
1. Adapted Material means material subject to Copyright and Similar Rights that
is derived from or based upon the Licensed Material and in which the Licensed
Material is translated, altered, arranged, transformed, or otherwise modified
in a manner requiring permission under the Copyright and Similar Rights held
by the Licensor. For purposes of this Public License, where the Licensed
Material is a musical work, performance, or sound recording, Adapted Material
is always produced where the Licensed Material is synched in timed relation
with a moving image.
2. Adapter's License means the license You apply to Your Copyright and Similar
Rights in Your contributions to Adapted Material in accordance with the terms
and conditions of this Public License.
3. Copyright and Similar Rights means copyright and/or similar rights closely
related to copyright including, without limitation, performance, broadcast,
sound recording, and Sui Generis Database Rights, without regard to how the
rights are labeled or categorized. For purposes of this Public License, the
rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
4. Effective Technological Measures means those measures that, in the absence of
proper authority, may not be circumvented under laws fulfilling obligations
under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996,
and/or similar international agreements.
5. Exceptions and Limitations means fair use, fair dealing, and/or any other
exception or limitation to Copyright and Similar Rights that applies to Your
use of the Licensed Material.
6. Licensed Material means the artistic or literary work, database, or other
material to which the Licensor applied this Public License.
7. Licensed Rights means the rights granted to You subject to the terms and
conditions of this Public License, which are limited to all Copyright and
Similar Rights that apply to Your use of the Licensed Material and that the
Licensor has authority to license.
8. Licensor means the individual(s) or entity(ies) granting rights under this
Public License.
9. NonCommercial means not primarily intended for or directed towards commercial
advantage or monetary compensation. For purposes of this Public License, the
exchange of the Licensed Material for other material subject to Copyright and
Similar Rights by digital file-sharing or similar means is NonCommercial
provided there is no payment of monetary compensation in connection with the
exchange.
10. Share means to provide material to the public by any means or process that
requires permission under the Licensed Rights, such as reproduction, public
display, public performance, distribution, dissemination, communication, or
importation, and to make material available to the public including in ways
that members of the public may access the material from a place and at a
time individually chosen by them.
11. Sui Generis Database Rights means rights other than copyright resulting from
Directive 96/9/EC of the European Parliament and of the Council of 11 March
1996 on the legal protection of databases, as amended and/or succeeded, as
well as other essentially equivalent rights anywhere in the world.
12. You means the individual or entity exercising the Licensed Rights under this
Public License. Your has a corresponding meaning.
Section 2 - Scope
-----------------
1. License grant.
1.1. Subject to the terms and conditions of this Public License, the Licensor
hereby grants You a worldwide, royalty-free, non-sublicensable, non-
exclusive, irrevocable license to exercise the Licensed Rights in the
Licensed Material to:
1.1.1. reproduce and Share the Licensed Material, in whole or in part,
for NonCommercial purposes only; and
1.1.2. produce, reproduce, and Share Adapted Material for NonCommercial
purposes only.
1.2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions
and Limitations apply to Your use, this Public License does not apply,
and You do not need to comply with its terms and conditions.
1.3. Term. The term of this Public License is specified in Section 6(a).
1.4. Media and formats; technical modifications allowed. The Licensor
authorizes You to exercise the Licensed Rights in all media and formats
whether now known or hereafter created, and to make technical
modifications necessary to do so. The Licensor waives and/or agrees not
to assert any right or authority to forbid You from making technical
modifications necessary to exercise the Licensed Rights, including
technical modifications necessary to circumvent Effective Technological
Measures. For purposes of this Public License, simply making
modifications authorized by this Section 2(a)(4) never produces Adapted
Material.
1.5. Downstream recipients.
1.5.1. Offer from the Licensor - Licensed Material. Every recipient of
the Licensed Material automatically receives an offer from the
Licensor to exercise the Licensed Rights under the terms and
conditions of this Public License.
1.5.2. No downstream restrictions. You may not offer or impose any
additional or different terms or conditions on, or apply any
Effective Technological Measures to, the Licensed Material if
doing so restricts exercise of the Licensed Rights by any
recipient of the Licensed Material.
1.6. No endorsement. Nothing in this Public License constitutes or may be
construed as permission to assert or imply that You are, or that Your
use of the Licensed Material is, connected with, or sponsored, endorsed,
or granted official status by, the Licensor or others designated to
receive attribution as provided in Section 3(a)(1)(A)(i).
2. Other rights.
2.1. Moral rights, such as the right of integrity, are not licensed under
this Public License, nor are publicity, privacy, and/or other similar
personality rights; however, to the extent possible, the Licensor waives
and/or agrees not to assert any such rights held by the Licensor to the
limited extent necessary to allow You to exercise the Licensed Rights,
but not otherwise.
2.2. Patent and trademark rights are not licensed under this Public License.
2.3. To the extent possible, the Licensor waives any right to collect
royalties from You for the exercise of the Licensed Rights, whether
directly or through a collecting society under any voluntary or waivable
statutory or compulsory licensing scheme. In all other cases the
Licensor expressly reserves any right to collect such royalties,
including when the Licensed Material is used other than for
NonCommercial purposes.
Section 3 - License Conditions
------------------------------
Your exercise of the Licensed Rights is expressly made subject to the following
conditions.
1. Attribution.
1.1. If You Share the Licensed Material (including in modified form),
You must:
1.1.1. retain the following if it is supplied by the Licensor with the
Licensed Material:
1.1.1.1. identification of the creator(s) of the Licensed
Material and any others designated to receive
attribution, in any reasonable manner requested by the
Licensor (including by pseudonym if designated);
1.1.1.2. a copyright notice;
1.1.1.3. a notice that refers to this Public License;
1.1.1.4. a notice that refers to the disclaimer of warranties;
1.1.1.5. a URI or hyperlink to the Licensed Material to the
extent reasonably practicable;
1.1.2. indicate if You modified the Licensed Material and retain an
indication of any previous modifications; and
1.1.3. indicate the Licensed Material is licensed under this Public
License, and include the text of, or the URI or hyperlink to,
this Public License.
1.2. You may satisfy the conditions in Section 3(a)(1) in any reasonable
manner based on the medium, means, and context in which You Share the
Licensed Material. For example, it may be reasonable to satisfy the
conditions by providing a URI or hyperlink to a resource that includes
the required information.
1.3. If requested by the Licensor, You must remove any of the information
required by Section 3(a)(1)(A) to the extent reasonably practicable.
1.4. If You Share Adapted Material You produce, the Adapter's License You
apply must not prevent recipients of the Adapted Material from complying
with this Public License.
Section 4 - Sui Generis Database Rights
---------------------------------------
Where the Licensed Rights include Sui Generis Database Rights that apply to
Your use of the Licensed Material:
1. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract,
reuse, reproduce, and Share all or a substantial portion of the contents of
the database for NonCommercial purposes only;
2. if You include all or a substantial portion of the database contents in a
database in which You have Sui Generis Database Rights, then the database in
which You have Sui Generis Database Rights (but not its individual contents)
is Adapted Material; and
3. You must comply with the conditions in Section 3(a) if You Share all or a
substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4 supplements and does not replace
Your obligations under this Public License where the Licensed Rights include
other Copyright and Similar Rights.
Section 5 - Disclaimer of Warranties and Limitation of Liability
----------------------------------------------------------------
1. Unless otherwise separately undertaken by the Licensor, to the extent
possible, the Licensor offers the Licensed Material as-is and as-available,
and makes no representations or warranties of any kind concerning the
Licensed Material, whether express, implied, statutory, or other. This
includes, without limitation, warranties of title, merchantability, fitness
for a particular purpose, non-infringement, absence of latent or other
defects, accuracy, or the presence or absence of errors, whether or not
known or discoverable. Where disclaimers of warranties are not allowed in
full or in part, this disclaimer may not apply to You.
2. To the extent possible, in no event will the Licensor be liable to You on
any legal theory (including, without limitation, negligence) or otherwise
for any direct, special, indirect, incidental, consequential, punitive,
exemplary, or other losses, costs, expenses, or damages arising out of this
Public License or use of the Licensed Material, even if the Licensor has
been advised of the possibility of such losses, costs, expenses, or damages.
Where a limitation of liability is not allowed in full or in part, this
imitation may not apply to You.
3. The disclaimer of warranties and limitation of liability provided above shall
be interpreted in a manner that, to the extent possible, most closely
approximates an absolute disclaimer and waiver of all liability.
Section 6 - Term and Termination
--------------------------------
1. This Public License applies for the term of the Copyright and Similar Rights
licensed here. However, if You fail to comply with this Public License, then
Your rights under this Public License terminate automatically.
2. Where Your right to use the Licensed Material has terminated under
Section 6(a), it reinstates:
2.1. automatically as of the date the violation is cured, provided it is
cured within 30 days of Your discovery of the violation; or
2.2. upon express reinstatement by the Licensor.
For the avoidance of doubt, this Section 6(b) does not affect any right the
Licensor may have to seek remedies for Your violations of this Public
License.
3. For the avoidance of doubt, the Licensor may also offer the Licensed Material
under separate terms or conditions or stop distributing the Licensed Material
at any time; however, doing so will not terminate this Public License.
4. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.
Section 7 - Other Terms and Conditions
--------------------------------------
1. The Licensor shall not be bound by any additional or different terms or
conditions communicated by You unless expressly agreed.
2. Any arrangements, understandings, or agreements regarding the Licensed
Material not stated herein are separate from and independent of the terms and
conditions of this Public License.
Section 8 - Interpretation
--------------------------
1. For the avoidance of doubt, this Public License does not, and shall not be
interpreted to, reduce, limit, restrict, or impose conditions on any use of
the Licensed Material that could lawfully be made without permission under
this Public License.
2. To the extent possible, if any provision of this Public License is deemed
unenforceable, it shall be automatically reformed to the minimum extent
necessary to make it enforceable. If the provision cannot be reformed, it
shall be severed from this Public License without affecting the
enforceability of the remaining terms and conditions.
3. No term or condition of this Public License will be waived and no failure to
comply consented to unless expressly agreed to by the Licensor.
4. Nothing in this Public License constitutes or may be interpreted as a
limitation upon, or waiver of, any privileges and immunities that apply to
the Licensor or You, including from the legal processes of any jurisdiction
or authority.