pkgsrc/licenses/cc-by-nd-v3.0-license

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Creative Commons Legal Code
Attribution-NoDerivs 3.0 Unported
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
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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
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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(f)
below, which, by reason of the selection and arrangement of their contents,
constitute intellectual creations, in which the Work is included in its
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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 through sale or other transfer of ownership.
d. "Licensor" means the individual, individuals, entity or entities that offer
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e. "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.
f. "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
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analogous to cinematography; a work of drawing, painting, architecture,
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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.
g. "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.
h. "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
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i. "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
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under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor
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duration of the applicable copyright) license to exercise the rights in the
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a. to Reproduce the Work, to incorporate the Work into one or more
Collections, and to Reproduce the Work as incorporated in the Collections;
and,
b. to Distribute and Publicly Perform the Work including as incorporated in
Collections.
c. For the avoidance of doubt:
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which the right to collect royalties through any statutory or
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exclusive right to collect such royalties for any exercise by You of
the rights granted under this License;
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to collect such royalties for any exercise by You of the rights granted
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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
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Subject to Section 8(f), all rights not expressly granted by Licensor are
hereby reserved.
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subject to and limited by the following restrictions:
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this License. You must include a copy of, or the Uniform Resource
Identifier (URI) for, this License with every copy of the Work You
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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
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Collection apart from the Work itself to be made subject to the terms of
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must, to the extent practicable, remove from the Collection any credit as
required by Section 4(b), as requested.
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means You are utilizing: (i) the name of the Original Author (or pseudonym,
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the extent reasonably practicable, the URI, if any, that Licensor specifies
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by this Section 4(b) may be implemented in any reasonable manner; provided,
however, that in the case of a Collection, at a minimum such credit will
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Licensor and/or Attribution Parties, as appropriate, of You or Your use of
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Original Author, Licensor and/or Attribution Parties.
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You must not distort, mutilate, modify or take other derogatory action in
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5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS
THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
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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 Collections 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. 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.
c. 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.
d. 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.
e. 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.
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consequential damages arising in connection to this license.
Notwithstanding the foregoing two (2) sentences, if Creative Commons has
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