337 lines
22 KiB
Text
337 lines
22 KiB
Text
Creative Commons Legal Code
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Attribution-ShareAlike 3.0 Unported
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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 BE
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BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE
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CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE
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IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
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1. Definitions
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a. "Adaptation" means a work based upon the Work, or upon the Work and other
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pre-existing works, such as a translation, adaptation, derivative work,
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arrangement of music or other alterations of a literary or artistic work,
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or phonogram or performance and includes cinematographic adaptations or any
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other form in which the Work may be recast, transformed, or adapted
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including in any form recognizably derived from the original, except that a
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work that constitutes a Collection will not be considered an Adaptation 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 work, performance or phonogram, the synchronization of the Work
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in timed-relation with a moving image ("synching") will be considered an
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Adaptation for the purpose of this License.
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b. "Collection" means a collection of literary or artistic works, such as
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encyclopedias and anthologies, or performances, phonograms or broadcasts,
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or other works or subject matter other than works listed in Section 1(f)
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below, which, by reason of the selection and arrangement of their contents,
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constitute intellectual creations, in which the Work is included in its
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entirety in unmodified form along with one or more other contributions,
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each constituting separate and independent works in themselves, which
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together are assembled into a collective whole. A work that constitutes a
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Collection will not be considered an Adaptation (as defined below) for the
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purposes of this License.
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c. "Creative Commons Compatible License" means a license that is listed at
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http://creativecommons.org/compatiblelicenses that has been approved by
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Creative Commons as being essentially equivalent to this License,
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including, at a minimum, because that license: (i) contains terms that have
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the same purpose, meaning and effect as the License Elements of this
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License; and, (ii) explicitly permits the relicensing of adaptations of
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works made available under that license under this License or a Creative
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Commons jurisdiction license with the same License Elements as this
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License.
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d. "Distribute" means to make available to the public the original and copies
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of the Work or Adaptation, as appropriate, through sale or other transfer
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of ownership.
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e. "License Elements" means the following high-level license attributes as
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selected by Licensor and indicated in the title of this License:
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Attribution, ShareAlike.
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f. "Licensor" means the individual, individuals, entity or entities that offer
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(s) the Work under the terms of this License.
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g. "Original Author" means, in the case of a literary or artistic work, the
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individual, individuals, entity or entities who created the Work or if no
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individual or entity can be identified, the publisher; and in addition (i)
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in the case of a performance the actors, singers, musicians, dancers, and
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other persons who act, sing, deliver, declaim, play in, interpret or
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otherwise perform literary or artistic works or expressions of folklore;
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(ii) in the case of a phonogram the producer being the person or legal
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entity who first fixes the sounds of a performance or other sounds; and,
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(iii) in the case of broadcasts, the organization that transmits the
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broadcast.
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h. "Work" means the literary and/or artistic work offered under the terms of
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this License including without limitation any production in the literary,
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scientific and artistic domain, whatever may be the mode or form of its
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expression including digital form, such as a book, pamphlet and other
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writing; a lecture, address, sermon or other work of the same nature; a
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dramatic or dramatico-musical work; a choreographic work or entertainment
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in dumb show; a musical composition with or without words; a
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cinematographic work to which are assimilated works expressed by a process
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analogous to cinematography; a work of drawing, painting, architecture,
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sculpture, engraving or lithography; a photographic work to which are
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assimilated works expressed by a process analogous to photography; a work
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of applied art; an illustration, map, plan, sketch or three-dimensional
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work relative to geography, topography, architecture or science; a
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performance; a broadcast; a phonogram; a compilation of data to the extent
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it is protected as a copyrightable work; or a work performed by a variety
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or circus performer to the extent it is not otherwise considered a literary
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or artistic work.
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i. "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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j. "Publicly Perform" means to perform public recitations of the Work and to
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communicate to the public those public recitations, by any means or
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process, including by wire or wireless means or public digital
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performances; to make available to the public Works in such a way that
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members of the public may access these Works from a place and at a place
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individually chosen by them; to perform the Work to the public by any means
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or process and the communication to the public of the performances of the
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Work, including by public digital performance; to broadcast and rebroadcast
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the Work by any means including signs, sounds or images.
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k. "Reproduce" means to make copies of the Work by any means including without
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limitation by sound or visual recordings and the right of fixation and
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reproducing fixations of the Work, including storage of a protected
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performance or phonogram in digital form or other electronic medium.
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2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit,
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or restrict any uses free from copyright or rights arising from limitations or
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exceptions that are provided for in connection with the copyright protection
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under copyright law or other 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
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Collections, and to Reproduce the Work as incorporated in the Collections;
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b. to create and Reproduce Adaptations provided that any such Adaptation,
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including any translation in any medium, takes reasonable steps to clearly
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label, demarcate or otherwise identify that changes were made to the
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original Work. For example, a translation could be marked "The original
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work was translated from English to Spanish," or a modification could
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indicate "The original work has been modified.";
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c. to Distribute and Publicly Perform the Work including as incorporated in
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Collections; and,
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d. to Distribute and Publicly Perform Adaptations.
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e. For the avoidance of doubt:
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i. Non-waivable Compulsory License Schemes. In those jurisdictions in
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which the right to collect royalties through any statutory or
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compulsory licensing scheme cannot be waived, the Licensor reserves the
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exclusive right to collect such royalties for any exercise by You of
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the rights granted under this License;
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ii. Waivable Compulsory License Schemes. In those jurisdictions in which
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the right to collect royalties through any statutory or compulsory
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licensing scheme can be waived, the Licensor waives the exclusive right
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to collect such royalties for any exercise by You of the rights granted
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under this License; and,
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iii. Voluntary License Schemes. The Licensor waives the right to collect
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royalties, whether individually or, in the event that the Licensor is a
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member of a collecting society that administers voluntary licensing
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schemes, via that society, from any exercise by You of the rights
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granted under this License.
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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. Subject to Section 8(f), all rights not expressly granted by
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Licensor are hereby reserved.
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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 or Publicly Perform the Work only under the terms of
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this License. You must include a copy of, or the Uniform Resource
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Identifier (URI) for, this License with every copy of the Work You
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Distribute or Publicly Perform. You may not offer or impose any terms on
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the Work that restrict the terms of this License or the ability of the
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recipient of the Work to exercise the rights granted to that recipient
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under the terms of the License. You may not sublicense the Work. You must
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keep intact all notices that refer to this License and to the disclaimer of
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warranties with every copy of the Work You Distribute or Publicly Perform.
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When You Distribute or Publicly Perform the Work, You may not impose any
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effective technological measures on the Work that restrict the ability of a
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recipient of the Work from You to exercise the rights granted to that
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recipient under the terms of the License. This Section 4(a) applies to the
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Work as incorporated in a Collection, but this does not require the
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Collection apart from the Work itself to be made subject to the terms of
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this License. If You create a Collection, upon notice from any Licensor You
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must, to the extent practicable, remove from the Collection any credit as
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required by Section 4(c), as requested. If You create an Adaptation, upon
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notice from any Licensor You must, to the extent practicable, remove from
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the Adaptation any credit as required by Section 4(c), as requested.
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b. You may Distribute or Publicly Perform an Adaptation only under the terms
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of: (i) this License; (ii) a later version of this License with the same
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License Elements as this License; (iii) a Creative Commons jurisdiction
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license (either this or a later license version) that contains the same
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License Elements as this License (e.g., Attribution-ShareAlike 3.0 US));
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(iv) a Creative Commons Compatible License. If you license the Adaptation
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under one of the licenses mentioned in (iv), you must comply with the terms
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of that license. If you license the Adaptation under the terms of any of
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the licenses mentioned in (i), (ii) or (iii) (the "Applicable License"),
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you must comply with the terms of the Applicable License generally and the
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following provisions: (I) You must include a copy of, or the URI for, the
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Applicable License with every copy of each Adaptation You Distribute or
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Publicly Perform; (II) You may not offer or impose any terms on the
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Adaptation that restrict the terms of the Applicable License or the ability
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of the recipient of the Adaptation to exercise the rights granted to that
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recipient under the terms of the Applicable License; (III) You must keep
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intact all notices that refer to the Applicable License and to the
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disclaimer of warranties with every copy of the Work as included in the
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Adaptation You Distribute or Publicly Perform; (IV) when You Distribute or
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Publicly Perform the Adaptation, You may not impose any effective
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technological measures on the Adaptation that restrict the ability of a
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recipient of the Adaptation from You to exercise the rights granted to that
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recipient under the terms of the Applicable License. This Section 4(b)
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applies to the Adaptation as incorporated in a Collection, but this does
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not require the Collection apart from the Adaptation itself to be made
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subject to the terms of the Applicable License.
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c. If You Distribute, or Publicly Perform the Work or any Adaptations or
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Collections, You must, unless a request has been made pursuant to Section 4
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(a), keep intact all copyright notices for the Work and provide, reasonable
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to the medium or means You are utilizing: (i) the name of the Original
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Author (or pseudonym, if applicable) if supplied, and/or if the Original
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Author and/or Licensor designate another party or parties (e.g., a sponsor
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institute, publishing entity, journal) for attribution ("Attribution
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Parties") in Licensor's copyright notice, terms of service or by other
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reasonable means, the name of such party or parties; (ii) the title of the
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Work if supplied; (iii) to the extent reasonably practicable, the URI, if
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any, that Licensor specifies to be associated with the Work, unless such
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URI does not refer to the copyright notice or licensing information for the
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Work; and (iv) , consistent with Ssection 3(b), in the case of an
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Adaptation, a credit identifying the use of the Work in the Adaptation
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(e.g., "French translation of the Work by Original Author," or "Screenplay
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based on original Work by Original Author"). The credit required by this
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Section 4(c) may be implemented in any reasonable manner; provided,
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however, that in the case of a Adaptation or Collection, at a minimum such
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credit will appear, if a credit for all contributing authors of the
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Adaptation or Collection appears, then as part of these credits and in a
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manner at least as prominent as the credits for the other contributing
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authors. For the avoidance of doubt, You may only use the credit required
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by this Section for the purpose of attribution in the manner set out above
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and, by exercising Your rights under this License, You may not implicitly
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or explicitly assert or imply any connection with, sponsorship or
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endorsement by the Original Author, Licensor and/or Attribution Parties, as
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appropriate, of You or Your use of the Work, without the separate, express
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prior written permission of the Original Author, Licensor and/or
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Attribution Parties.
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d. Except as otherwise agreed in writing by the Licensor or as may be
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otherwise permitted by applicable law, if You Reproduce, Distribute or
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Publicly Perform the Work either by itself or as part of any Adaptations or
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Collections, You must not distort, mutilate, modify or take other
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derogatory action in relation to the Work which would be prejudicial to the
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Original Author's honor or reputation. Licensor agrees that in those
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jurisdictions (e.g. Japan), in which any exercise of the right granted in
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Section 3(b) of this License (the right to make Adaptations) would be
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deemed to be a distortion, mutilation, modification or other derogatory
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action prejudicial to the Original Author's honor and reputation, the
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Licensor will waive or not assert, as appropriate, this Section, to the
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fullest extent permitted by the applicable national law, to enable You to
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reasonably exercise Your right under Section 3(b) of this License (right to
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make Adaptations) but not otherwise.
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5. Representations, Warranties and Disclaimer
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS
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THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
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CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
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WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A
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PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS,
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ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.
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SOME 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 Adaptations or Collections from You under this
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License, however, will not have their licenses terminated provided such
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individuals or entities remain in full compliance with those licenses.
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Sections 1, 2, 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 Perform the Work or a Collection, the
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Licensor offers to the recipient a license to the Work on the same terms
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and conditions as the license granted to You under this License.
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b. Each time You Distribute or Publicly Perform an Adaptation, Licensor offers
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to the recipient a license to the original Work on the same terms and
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conditions as the license granted to You under this License.
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c. 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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d. 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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e. 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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f. The rights granted under, and the subject matter referenced, in this
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License were drafted utilizing the terminology of the Berne Convention for
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the Protection of Literary and Artistic Works (as amended on September 28,
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1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the
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WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright
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Convention (as revised on July 24, 1971). These rights and subject matter
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take effect in the relevant jurisdiction in which the License terms are
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sought to be enforced according to the corresponding provisions of the
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implementation of those treaty provisions in the applicable national law.
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If the standard suite of rights granted under applicable copyright law
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includes additional rights not granted under this License, such additional
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rights are deemed to be included in the License; this License is not
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intended to restrict the license of any rights under applicable law.
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Creative Commons Notice
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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
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to You or any party on any legal theory for any damages whatsoever,
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including without limitation any general, special, incidental or
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consequential damages arising in connection to this license.
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Notwithstanding the foregoing two (2) sentences, if Creative Commons has
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expressly identified itself as the Licensor hereunder, it shall have all
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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, Creative Commons does not authorize the use by
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either party of the trademark "Creative Commons" or any related trademark
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or logo of Creative Commons without the prior written consent of Creative
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Commons. Any permitted use will be in compliance with Creative Commons'
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then-current trademark usage guidelines, as may be published on its website
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or otherwise made available upon request from time to time. For the
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avoidance of doubt, this trademark restriction does not form part of the
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License.
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Creative Commons may be contacted at http://creativecommons.org/.
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