331 lines
22 KiB
Text
331 lines
22 KiB
Text
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/.
|