07fd678c5c
This is a non-Free license (nc, nd), so it has the -license suffix and will not be added to DEFAULT_ACCEPTABLE. (From Timothy E. Larson via pkgsrc-wip.)
213 lines
13 KiB
Text
213 lines
13 KiB
Text
Creative Commons LEGAL CODE
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Attribution-NonCommercial-NoDerivs 2.5
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
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SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT
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RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS"
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BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION
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PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
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License
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
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COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
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COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
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AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO
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BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS
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CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND
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CONDITIONS.
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1. Definitions
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a. "Collective Work" means a work, such as a periodical issue, anthology or
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encyclopedia, in which the Work in its entirety in unmodified form, along
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with a number of other contributions, constituting separate and independent
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works in themselves, are assembled into a collective whole. A work that
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constitutes a Collective Work will not be considered a Derivative Work (as
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defined below) for the purposes of this License.
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b. "Derivative Work" means a work based upon the Work or upon the Work and
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other pre-existing works, such as a translation, musical arrangement,
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dramatization, fictionalization, motion picture version, sound recording,
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art reproduction, abridgment, condensation, or any other form in which the
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Work may be recast, transformed, or adapted, except that a work that
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constitutes a Collective Work will not be considered a Derivative Work for
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the purpose of this License. For the avoidance of doubt, where the Work is
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a musical composition or sound recording, the synchronization of the Work
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in timed-relation with a moving image ("synching") will be considered a
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Derivative Work for the purpose of this License.
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c. "Licensor" means the individual or entity that offers the Work under the
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terms of this License.
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d. "Original Author" means the individual or entity who created the Work.
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e. "Work" means the copyrightable work of authorship offered under the terms
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of this License.
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f. "You" means an individual or entity exercising rights under this License
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who has not previously violated the terms of this License with respect to
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the Work, or who has received express permission from the Licensor to
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exercise rights under this License despite a previous violation.
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2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or
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restrict any rights arising from fair use, first sale or other limitations on
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the exclusive rights of the copyright owner under copyright law or other
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applicable laws.
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3. License Grant. Subject to the terms and conditions of this License, Licensor
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hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the
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duration of the applicable copyright) license to exercise the rights in the
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Work as stated below:
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a. to reproduce the Work, to incorporate the Work into one or more Collective
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Works, and to reproduce the Work as incorporated in the Collective Works;
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b. to distribute copies or phonorecords of, display publicly, perform
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publicly, and perform publicly by means of a digital audio transmission the
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Work including as incorporated in Collective Works;
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The above rights may be exercised in all media and formats whether now known or
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hereafter devised. The above rights include the right to make such
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modifications as are technically necessary to exercise the rights in other
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media and formats, but otherwise you have no rights to make Derivative Works.
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All rights not expressly granted by Licensor are hereby reserved, including but
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not limited to the rights set forth in Sections 4(d) and 4(e).
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4. Restrictions. The license granted in Section 3 above is expressly made
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subject to and limited by the following restrictions:
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a. You may distribute, publicly display, publicly perform, or publicly
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digitally perform the Work only under the terms of this License, and You
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must include a copy of, or the Uniform Resource Identifier for, this
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License with every copy or phonorecord of the Work You distribute, publicly
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display, publicly perform, or publicly digitally perform. You may not offer
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or impose any terms on the Work that alter or restrict the terms of this
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License or the recipients' exercise of the rights granted hereunder. You
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may not sublicense the Work. You must keep intact all notices that refer to
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this License and to the disclaimer of warranties. You may not distribute,
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publicly display, publicly perform, or publicly digitally perform the Work
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with any technological measures that control access or use of the Work in a
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manner inconsistent with the terms of this License Agreement. The above
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applies to the Work as incorporated in a Collective Work, but this does not
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require the Collective Work apart from the Work itself to be made subject
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to the terms of this License. If You create a Collective Work, upon notice
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from any Licensor You must, to the extent practicable, remove from the
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Collective Work any credit as required by clause 4(c), as requested.
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b. You may not exercise any of the rights granted to You in Section 3 above in
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any manner that is primarily intended for or directed toward commercial
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advantage or private monetary compensation. The exchange of the Work for
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other copyrighted works by means of digital file-sharing or otherwise shall
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not be considered to be intended for or directed toward commercial
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advantage or private monetary compensation, provided there is no payment of
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any monetary compensation in connection with the exchange of copyrighted
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works.
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c. If you distribute, publicly display, publicly perform, or publicly
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digitally perform the Work, You must keep intact all copyright notices for
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the Work and provide, reasonable to the medium or means You are utilizing:
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(i) the name of the Original Author (or pseudonym, if applicable) if
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supplied, and/or (ii) if the Original Author and/or Licensor designate
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another party or parties (e.g. a sponsor institute, publishing entity,
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journal) for attribution in Licensor's copyright notice, terms of service
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or by other reasonable means, the name of such party or parties; the title
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of the Work if supplied; and to the extent reasonably practicable, the
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Uniform Resource Identifier, if any, that Licensor specifies to be
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associated with the Work, unless such URI does not refer to the copyright
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notice or licensing information for the Work. Such credit may be
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implemented in any reasonable manner; provided, however, that in the case
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of a Collective Work, at a minimum such credit will appear where any other
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comparable authorship credit appears and in a manner at least as prominent
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as such other comparable authorship credit.
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d. For the avoidance of doubt, where the Work is a musical composition:
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i. Performance Royalties Under Blanket Licenses. Licensor reserves the
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exclusive right to collect, whether individually or via a performance
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rights society (e.g. ASCAP, BMI, SESAC), royalties for the public
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performance or public digital performance (e.g. webcast) of the Work
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if that performance is primarily intended for or directed toward
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commercial advantage or private monetary compensation.
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ii. Mechanical Rights and Statutory Royalties. Licensor reserves the
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exclusive right to collect, whether individually or via a music rights
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agency or designated agent (e.g. Harry Fox Agency), royalties for any
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phonorecord You create from the Work ("cover version") and distribute,
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subject to the compulsory license created by 17 USC Section 115 of the
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US Copyright Act (or the equivalent in other jurisdictions), if Your
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distribution of such cover version is primarily intended for or
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directed toward commercial advantage or private monetary compensation.
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e. Webcasting Rights and Statutory Royalties. For the avoidance of doubt,
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where the Work is a sound recording, Licensor reserves the exclusive right
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to collect, whether individually or via a performance-rights society (e.g.
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SoundExchange), royalties for the public digital performance (e.g. webcast)
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of the Work, subject to the compulsory license created by 17 USC Section
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114 of the US Copyright Act (or the equivalent in other jurisdictions), if
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Your public digital performance is primarily intended for or directed
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toward commercial advantage or private monetary compensation.
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5. Representations, Warranties and Disclaimer
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UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES IN WRITING, LICENSOR OFFERS THE
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WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING
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THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT
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LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR
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PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY,
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OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME
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JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH
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EXCLUSION MAY NOT APPLY TO YOU.
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6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN
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NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
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INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS
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LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES.
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7. Termination
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a. This License and the rights granted hereunder will terminate automatically
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upon any breach by You of the terms of this License. Individuals or
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entities who have received Collective Works from You under this License,
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however, will not have their licenses terminated provided such individuals
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or entities remain in full compliance with those licenses. Sections 1, 2,
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5, 6, 7, and 8 will survive any termination of this License.
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b. Subject to the above terms and conditions, the license granted here is
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perpetual (for the duration of the applicable copyright in the Work).
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Notwithstanding the above, Licensor reserves the right to release the Work
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under different license terms or to stop distributing the Work at any time;
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provided, however that any such election will not serve to withdraw this
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License (or any other license that has been, or is required to be, granted
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under the terms of this License), and this License will continue in full
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force and effect unless terminated as stated above.
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8. Miscellaneous
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a. Each time You distribute or publicly digitally perform the Work or a
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Collective Work, the Licensor offers to the recipient a license to the Work
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on the same terms and conditions as the license granted to You under this
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License.
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b. If any provision of this License is invalid or unenforceable under
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applicable law, it shall not affect the validity or enforceability of the
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remainder of the terms of this License, and without further action by the
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parties to this agreement, such provision shall be reformed to the minimum
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extent necessary to make such provision valid and enforceable.
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c. No term or provision of this License shall be deemed waived and no breach
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consented to unless such waiver or consent shall be in writing and signed
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by the party to be charged with such waiver or consent.
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d. This License constitutes the entire agreement between the parties with
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respect to the Work licensed here. There are no understandings, agreements
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or representations with respect to the Work not specified here. Licensor
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shall not be bound by any additional provisions that may appear in any
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communication from You. This License may not be modified without the mutual
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written agreement of the Licensor and You.
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Creative Commons is not a party to this License, and makes no warranty
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whatsoever in connection with the Work. Creative Commons will not be liable to
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You or any party on any legal theory for any damages whatsoever, including
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without limitation any general, special, incidental or consequential damages
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arising in connection to this license. Notwithstanding the foregoing two (2)
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sentences, if Creative Commons has expressly identified itself as the Licensor
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hereunder, it shall have all rights and obligations of Licensor.
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Except for the limited purpose of indicating to the public that the Work is
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licensed under the CCPL, neither party will use the trademark "Creative
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Commons" or any related trademark or logo of Creative Commons without the prior
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written consent of Creative Commons. Any permitted use will be in compliance
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with Creative Commons' then-current trademark usage guidelines, as may be
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published on its website or otherwise made available upon request from time to
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time.
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Creative Commons may be contacted at http://creativecommons.org/.
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