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438 lines
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Plaintext
Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International
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=======================================================================
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Creative Commons Corporation ("Creative Commons") is not a law firm and
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does not provide legal services or legal advice. Distribution of
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Creative Commons public LICENCEs does not create a lawyer-client or
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other relationship. Creative Commons makes its LICENCEs and related
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information available on an "as-is" basis. Creative Commons gives no
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warranties regarding its LICENCEs, any material LICENCEd under their
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terms and conditions, or any related information. Creative Commons
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disclaims all liability for damages resulting from their use to the
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fullest extent possible.
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Using Creative Commons Public LICENCEs
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Creative Commons public LICENCEs provide a standard set of terms and
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conditions that creators and other rights holders may use to share
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original works of authorship and other material subject to copyright
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and certain other rights specified in the public LICENCE below. The
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following considerations are for informational purposes only, are not
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exhaustive, and do not form part of our LICENCEs.
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Considerations for licensors: Our public LICENCEs are
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intended for use by those authorized to give the public
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permission to use material in ways otherwise restricted by
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copyright and certain other rights. Our LICENCEs are
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irrevocable. Licensors should read and understand the terms
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and conditions of the LICENCE they choose before applying it.
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Licensors should also secure all rights necessary before
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applying our LICENCEs so that the public can reuse the
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material as expected. Licensors should clearly mark any
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material not subject to the LICENCE. This includes other CC-
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LICENCEd material, or material used under an exception or
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limitation to copyright. More considerations for licensors:
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wiki.creativecommons.org/Considerations_for_licensors
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Considerations for the public: By using one of our public
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LICENCEs, a licensor grants the public permission to use the
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LICENCEd material under specified terms and conditions. If
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the licensor's permission is not necessary for any reason--for
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example, because of any applicable exception or limitation to
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copyright--then that use is not regulated by the LICENCE. Our
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LICENCEs grant only permissions under copyright and certain
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other rights that a licensor has authority to grant. Use of
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the LICENCEd material may still be restricted for other
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reasons, including because others have copyright or other
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rights in the material. A licensor may make special requests,
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such as asking that all changes be marked or described.
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Although not required by our LICENCEs, you are encouraged to
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respect those requests where reasonable. More considerations
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for the public:
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wiki.creativecommons.org/Considerations_for_LICENCEes
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=======================================================================
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Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International
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Public LICENCE
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By exercising the LICENCEd Rights (defined below), You accept and agree
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to be bound by the terms and conditions of this Creative Commons
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Attribution-NonCommercial-ShareAlike 4.0 International Public LICENCE
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("Public LICENCE"). To the extent this Public LICENCE may be
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interpreted as a contract, You are granted the LICENCEd Rights in
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consideration of Your acceptance of these terms and conditions, and the
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Licensor grants You such rights in consideration of benefits the
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Licensor receives from making the LICENCEd Material available under
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these terms and conditions.
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Section 1 -- Definitions.
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a. Adapted Material means material subject to Copyright and Similar
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Rights that is derived from or based upon the LICENCEd Material
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and in which the LICENCEd Material is translated, altered,
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arranged, transformed, or otherwise modified in a manner requiring
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permission under the Copyright and Similar Rights held by the
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Licensor. For purposes of this Public LICENCE, where the LICENCEd
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Material is a musical work, performance, or sound recording,
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Adapted Material is always produced where the LICENCEd Material is
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synched in timed relation with a moving image.
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b. Adapter's LICENCE means the LICENCE You apply to Your Copyright
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and Similar Rights in Your contributions to Adapted Material in
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accordance with the terms and conditions of this Public LICENCE.
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c. BY-NC-SA Compatible LICENCE means a LICENCE listed at
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creativecommons.org/compatibleLICENCEs, approved by Creative
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Commons as essentially the equivalent of this Public LICENCE.
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d. Copyright and Similar Rights means copyright and/or similar rights
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closely related to copyright including, without limitation,
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performance, broadcast, sound recording, and Sui Generis Database
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Rights, without regard to how the rights are labeled or
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categorized. For purposes of this Public LICENCE, the rights
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specified in Section 2(b)(1)-(2) are not Copyright and Similar
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Rights.
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e. Effective Technological Measures means those measures that, in the
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absence of proper authority, may not be circumvented under laws
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fulfilling obligations under Article 11 of the WIPO Copyright
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Treaty adopted on December 20, 1996, and/or similar international
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agreements.
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f. Exceptions and Limitations means fair use, fair dealing, and/or
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any other exception or limitation to Copyright and Similar Rights
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that applies to Your use of the LICENCEd Material.
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g. LICENCE Elements means the LICENCE attributes listed in the name
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of a Creative Commons Public LICENCE. The LICENCE Elements of this
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Public LICENCE are Attribution, NonCommercial, and ShareAlike.
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h. LICENCEd Material means the artistic or literary work, database,
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or other material to which the Licensor applied this Public
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LICENCE.
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i. LICENCEd Rights means the rights granted to You subject to the
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terms and conditions of this Public LICENCE, which are limited to
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all Copyright and Similar Rights that apply to Your use of the
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LICENCEd Material and that the Licensor has authority to LICENCE.
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j. Licensor means the individual(s) or entity(ies) granting rights
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under this Public LICENCE.
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k. NonCommercial means not primarily intended for or directed towards
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commercial advantage or monetary compensation. For purposes of
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this Public LICENCE, the exchange of the LICENCEd Material for
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other material subject to Copyright and Similar Rights by digital
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file-sharing or similar means is NonCommercial provided there is
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no payment of monetary compensation in connection with the
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exchange.
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l. Share means to provide material to the public by any means or
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process that requires permission under the LICENCEd Rights, such
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as reproduction, public display, public performance, distribution,
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dissemination, communication, or importation, and to make material
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available to the public including in ways that members of the
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public may access the material from a place and at a time
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individually chosen by them.
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m. Sui Generis Database Rights means rights other than copyright
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resulting from Directive 96/9/EC of the European Parliament and of
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the Council of 11 March 1996 on the legal protection of databases,
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as amended and/or succeeded, as well as other essentially
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equivalent rights anywhere in the world.
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n. You means the individual or entity exercising the LICENCEd Rights
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under this Public LICENCE. Your has a corresponding meaning.
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Section 2 -- Scope.
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a. LICENCE grant.
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1. Subject to the terms and conditions of this Public LICENCE,
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the Licensor hereby grants You a worldwide, royalty-free,
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non-sublicensable, non-exclusive, irrevocable LICENCE to
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exercise the LICENCEd Rights in the LICENCEd Material to:
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a. reproduce and Share the LICENCEd Material, in whole or
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in part, for NonCommercial purposes only; and
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b. produce, reproduce, and Share Adapted Material for
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NonCommercial purposes only.
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2. Exceptions and Limitations. For the avoidance of doubt, where
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Exceptions and Limitations apply to Your use, this Public
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LICENCE does not apply, and You do not need to comply with
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its terms and conditions.
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3. Term. The term of this Public LICENCE is specified in Section
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6(a).
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4. Media and formats; technical modifications allowed. The
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Licensor authorizes You to exercise the LICENCEd Rights in
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all media and formats whether now known or hereafter created,
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and to make technical modifications necessary to do so. The
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Licensor waives and/or agrees not to assert any right or
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authority to forbid You from making technical modifications
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necessary to exercise the LICENCEd Rights, including
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technical modifications necessary to circumvent Effective
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Technological Measures. For purposes of this Public LICENCE,
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simply making modifications authorized by this Section 2(a)
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(4) never produces Adapted Material.
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5. Downstream recipients.
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a. Offer from the Licensor -- LICENCEd Material. Every
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recipient of the LICENCEd Material automatically
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receives an offer from the Licensor to exercise the
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LICENCEd Rights under the terms and conditions of this
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Public LICENCE.
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b. Additional offer from the Licensor -- Adapted Material.
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Every recipient of Adapted Material from You
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automatically receives an offer from the Licensor to
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exercise the LICENCEd Rights in the Adapted Material
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under the conditions of the Adapter's LICENCE You apply.
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c. No downstream restrictions. You may not offer or impose
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any additional or different terms or conditions on, or
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apply any Effective Technological Measures to, the
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LICENCEd Material if doing so restricts exercise of the
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LICENCEd Rights by any recipient of the LICENCEd
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Material.
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6. No endorsement. Nothing in this Public LICENCE constitutes or
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may be construed as permission to assert or imply that You
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are, or that Your use of the LICENCEd Material is, connected
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with, or sponsored, endorsed, or granted official status by,
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the Licensor or others designated to receive attribution as
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provided in Section 3(a)(1)(A)(i).
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b. Other rights.
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1. Moral rights, such as the right of integrity, are not
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LICENCEd under this Public LICENCE, nor are publicity,
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privacy, and/or other similar personality rights; however, to
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the extent possible, the Licensor waives and/or agrees not to
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assert any such rights held by the Licensor to the limited
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extent necessary to allow You to exercise the LICENCEd
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Rights, but not otherwise.
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2. Patent and trademark rights are not LICENCEd under this
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Public LICENCE.
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3. To the extent possible, the Licensor waives any right to
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collect royalties from You for the exercise of the LICENCEd
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Rights, whether directly or through a collecting society
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under any voluntary or waivable statutory or compulsory
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licensing scheme. In all other cases the Licensor expressly
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reserves any right to collect such royalties, including when
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the LICENCEd Material is used other than for NonCommercial
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purposes.
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Section 3 -- LICENCE Conditions.
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Your exercise of the LICENCEd Rights is expressly made subject to the
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following conditions.
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a. Attribution.
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1. If You Share the LICENCEd Material (including in modified
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form), You must:
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a. retain the following if it is supplied by the Licensor
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with the LICENCEd Material:
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i. identification of the creator(s) of the LICENCEd
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Material and any others designated to receive
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attribution, in any reasonable manner requested by
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the Licensor (including by pseudonym if
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designated);
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ii. a copyright notice;
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iii. a notice that refers to this Public LICENCE;
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iv. a notice that refers to the disclaimer of
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warranties;
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v. a URI or hyperlink to the LICENCEd Material to the
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extent reasonably practicable;
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b. indicate if You modified the LICENCEd Material and
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retain an indication of any previous modifications; and
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c. indicate the LICENCEd Material is LICENCEd under this
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Public LICENCE, and include the text of, or the URI or
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hyperlink to, this Public LICENCE.
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2. You may satisfy the conditions in Section 3(a)(1) in any
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reasonable manner based on the medium, means, and context in
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which You Share the LICENCEd Material. For example, it may be
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reasonable to satisfy the conditions by providing a URI or
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hyperlink to a resource that includes the required
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information.
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3. If requested by the Licensor, You must remove any of the
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information required by Section 3(a)(1)(A) to the extent
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reasonably practicable.
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b. ShareAlike.
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In addition to the conditions in Section 3(a), if You Share
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Adapted Material You produce, the following conditions also apply.
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1. The Adapter's LICENCE You apply must be a Creative Commons
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LICENCE with the same LICENCE Elements, this version or
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later, or a BY-NC-SA Compatible LICENCE.
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2. You must include the text of, or the URI or hyperlink to, the
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Adapter's LICENCE You apply. You may satisfy this condition
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in any reasonable manner based on the medium, means, and
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context in which You Share Adapted Material.
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3. You may not offer or impose any additional or different terms
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or conditions on, or apply any Effective Technological
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Measures to, Adapted Material that restrict exercise of the
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rights granted under the Adapter's LICENCE You apply.
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Section 4 -- Sui Generis Database Rights.
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Where the LICENCEd Rights include Sui Generis Database Rights that
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apply to Your use of the LICENCEd Material:
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a. for the avoidance of doubt, Section 2(a)(1) grants You the right
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to extract, reuse, reproduce, and Share all or a substantial
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portion of the contents of the database for NonCommercial purposes
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only;
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b. if You include all or a substantial portion of the database
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contents in a database in which You have Sui Generis Database
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Rights, then the database in which You have Sui Generis Database
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Rights (but not its individual contents) is Adapted Material,
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including for purposes of Section 3(b); and
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c. You must comply with the conditions in Section 3(a) if You Share
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all or a substantial portion of the contents of the database.
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For the avoidance of doubt, this Section 4 supplements and does not
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replace Your obligations under this Public LICENCE where the LICENCEd
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Rights include other Copyright and Similar Rights.
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Section 5 -- Disclaimer of Warranties and Limitation of Liability.
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a. UNLESS OTHERWISE SEPARATELY UNDERTAKEN BY THE LICENSOR, TO THE
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EXTENT POSSIBLE, THE LICENSOR OFFERS THE LICENCED MATERIAL AS-IS
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AND AS-AVAILABLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF
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ANY KIND CONCERNING THE LICENCED MATERIAL, WHETHER EXPRESS,
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IMPLIED, STATUTORY, OR OTHER. THIS INCLUDES, WITHOUT LIMITATION,
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WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
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PURPOSE, NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS,
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ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT
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KNOWN OR DISCOVERABLE. WHERE DISCLAIMERS OF WARRANTIES ARE NOT
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ALLOWED IN FULL OR IN PART, THIS DISCLAIMER MAY NOT APPLY TO YOU.
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b. TO THE EXTENT POSSIBLE, IN NO EVENT WILL THE LICENSOR BE LIABLE
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TO YOU ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION,
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NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT,
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INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER LOSSES,
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COSTS, EXPENSES, OR DAMAGES ARISING OUT OF THIS PUBLIC LICENCE OR
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USE OF THE LICENCED MATERIAL, EVEN IF THE LICENSOR HAS BEEN
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ADVISED OF THE POSSIBILITY OF SUCH LOSSES, COSTS, EXPENSES, OR
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DAMAGES. WHERE A LIMITATION OF LIABILITY IS NOT ALLOWED IN FULL OR
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IN PART, THIS LIMITATION MAY NOT APPLY TO YOU.
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c. The disclaimer of warranties and limitation of liability provided
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above shall be interpreted in a manner that, to the extent
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possible, most closely approximates an absolute disclaimer and
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waiver of all liability.
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Section 6 -- Term and Termination.
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a. This Public LICENCE applies for the term of the Copyright and
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Similar Rights LICENCEd here. However, if You fail to comply with
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this Public LICENCE, then Your rights under this Public LICENCE
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terminate automatically.
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b. Where Your right to use the LICENCEd Material has terminated under
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Section 6(a), it reinstates:
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1. automatically as of the date the violation is cured, provided
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it is cured within 30 days of Your discovery of the
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violation; or
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2. upon express reinstatement by the Licensor.
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For the avoidance of doubt, this Section 6(b) does not affect any
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right the Licensor may have to seek remedies for Your violations
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of this Public LICENCE.
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c. For the avoidance of doubt, the Licensor may also offer the
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LICENCEd Material under separate terms or conditions or stop
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distributing the LICENCEd Material at any time; however, doing so
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will not terminate this Public LICENCE.
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d. Sections 1, 5, 6, 7, and 8 survive termination of this Public
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LICENCE.
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Section 7 -- Other Terms and Conditions.
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a. The Licensor shall not be bound by any additional or different
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terms or conditions communicated by You unless expressly agreed.
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b. Any arrangements, understandings, or agreements regarding the
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LICENCEd Material not stated herein are separate from and
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independent of the terms and conditions of this Public LICENCE.
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Section 8 -- Interpretation.
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a. For the avoidance of doubt, this Public LICENCE does not, and
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shall not be interpreted to, reduce, limit, restrict, or impose
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conditions on any use of the LICENCEd Material that could lawfully
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be made without permission under this Public LICENCE.
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b. To the extent possible, if any provision of this Public LICENCE is
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deemed unenforceable, it shall be automatically reformed to the
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minimum extent necessary to make it enforceable. If the provision
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cannot be reformed, it shall be severed from this Public LICENCE
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without affecting the enforceability of the remaining terms and
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conditions.
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c. No term or condition of this Public LICENCE will be waived and no
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failure to comply consented to unless expressly agreed to by the
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Licensor.
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d. Nothing in this Public LICENCE constitutes or may be interpreted
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as a limitation upon, or waiver of, any privileges and immunities
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that apply to the Licensor or You, including from the legal
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processes of any jurisdiction or authority.
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=======================================================================
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Creative Commons is not a party to its public
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LICENCEs. Notwithstanding, Creative Commons may elect to apply one of
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its public LICENCEs to material it publishes and in those instances
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will be considered the “Licensor.” The text of the Creative Commons
|
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public LICENCEs is dedicated to the public domain under the CC0 Public
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Domain Dedication. Except for the limited purpose of indicating that
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material is shared under a Creative Commons public LICENCE or as
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otherwise permitted by the Creative Commons policies published at
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creativecommons.org/policies, Creative Commons does not authorize the
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use of the trademark "Creative Commons" or any other trademark or logo
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of Creative Commons without its prior written consent including,
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without limitation, in connection with any unauthorized modifications
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to any of its public LICENCEs or any other arrangements,
|
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understandings, or agreements concerning use of LICENCEd material. For
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the avoidance of doubt, this paragraph does not form part of the
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public LICENCEs.
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Creative Commons may be contacted at creativecommons.org.
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