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1 | Creative Commons Legal Code |
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3 | Attribution-ShareAlike 3.0 Unported | |
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5 | CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE | |
6 | LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN | |
7 | ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS | |
8 | INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES | |
9 | REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR | |
10 | DAMAGES RESULTING FROM ITS USE. | |
11 | ||
12 | License | |
13 | ||
14 | THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE | |
15 | COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY | |
16 | COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS | |
17 | AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED. | |
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19 | BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE | |
20 | TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY | |
21 | BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS | |
22 | CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND | |
23 | CONDITIONS. | |
24 | ||
25 | 1. Definitions | |
26 | ||
27 | a. "Adaptation" means a work based upon the Work, or upon the Work and | |
28 | other pre-existing works, such as a translation, adaptation, | |
29 | derivative work, arrangement of music or other alterations of a | |
30 | literary or artistic work, or phonogram or performance and includes | |
31 | cinematographic adaptations or any other form in which the Work may be | |
32 | recast, transformed, or adapted including in any form recognizably | |
33 | derived from the original, except that a work that constitutes a | |
34 | Collection will not be considered an Adaptation for the purpose of | |
35 | this License. For the avoidance of doubt, where the Work is a musical | |
36 | work, performance or phonogram, the synchronization of the Work in | |
37 | timed-relation with a moving image ("synching") will be considered an | |
38 | Adaptation for the purpose of this License. | |
39 | b. "Collection" means a collection of literary or artistic works, such as | |
40 | encyclopedias and anthologies, or performances, phonograms or | |
41 | broadcasts, or other works or subject matter other than works listed | |
42 | in Section 1(f) below, which, by reason of the selection and | |
43 | arrangement of their contents, constitute intellectual creations, in | |
44 | which the Work is included in its entirety in unmodified form along | |
45 | with one or more other contributions, each constituting separate and | |
46 | independent works in themselves, which together are assembled into a | |
47 | collective whole. A work that constitutes a Collection will not be | |
48 | considered an Adaptation (as defined below) for the purposes of this | |
49 | License. | |
50 | c. "Creative Commons Compatible License" means a license that is listed | |
51 | at http://creativecommons.org/compatiblelicenses that has been | |
52 | approved by Creative Commons as being essentially equivalent to this | |
53 | License, including, at a minimum, because that license: (i) contains | |
54 | terms that have the same purpose, meaning and effect as the License | |
55 | Elements of this License; and, (ii) explicitly permits the relicensing | |
56 | of adaptations of works made available under that license under this | |
57 | License or a Creative Commons jurisdiction license with the same | |
58 | License Elements as this License. | |
59 | d. "Distribute" means to make available to the public the original and | |
60 | copies of the Work or Adaptation, as appropriate, through sale or | |
61 | other transfer of ownership. | |
62 | e. "License Elements" means the following high-level license attributes | |
63 | as selected by Licensor and indicated in the title of this License: | |
64 | Attribution, ShareAlike. | |
65 | f. "Licensor" means the individual, individuals, entity or entities that | |
66 | offer(s) the Work under the terms of this License. | |
67 | g. "Original Author" means, in the case of a literary or artistic work, | |
68 | the individual, individuals, entity or entities who created the Work | |
69 | or if no individual or entity can be identified, the publisher; and in | |
70 | addition (i) in the case of a performance the actors, singers, | |
71 | musicians, dancers, and other persons who act, sing, deliver, declaim, | |
72 | play in, interpret or otherwise perform literary or artistic works or | |
73 | expressions of folklore; (ii) in the case of a phonogram the producer | |
74 | being the person or legal entity who first fixes the sounds of a | |
75 | performance or other sounds; and, (iii) in the case of broadcasts, the | |
76 | organization that transmits the broadcast. | |
77 | h. "Work" means the literary and/or artistic work offered under the terms | |
78 | of this License including without limitation any production in the | |
79 | literary, scientific and artistic domain, whatever may be the mode or | |
80 | form of its expression including digital form, such as a book, | |
81 | pamphlet and other writing; a lecture, address, sermon or other work | |
82 | of the same nature; a dramatic or dramatico-musical work; a | |
83 | choreographic work or entertainment in dumb show; a musical | |
84 | composition with or without words; a cinematographic work to which are | |
85 | assimilated works expressed by a process analogous to cinematography; | |
86 | a work of drawing, painting, architecture, sculpture, engraving or | |
87 | lithography; a photographic work to which are assimilated works | |
88 | expressed by a process analogous to photography; a work of applied | |
89 | art; an illustration, map, plan, sketch or three-dimensional work | |
90 | relative to geography, topography, architecture or science; a | |
91 | performance; a broadcast; a phonogram; a compilation of data to the | |
92 | extent it is protected as a copyrightable work; or a work performed by | |
93 | a variety or circus performer to the extent it is not otherwise | |
94 | considered a literary or artistic work. | |
95 | i. "You" means an individual or entity exercising rights under this | |
96 | License who has not previously violated the terms of this License with | |
97 | respect to the Work, or who has received express permission from the | |
98 | Licensor to exercise rights under this License despite a previous | |
99 | violation. | |
100 | j. "Publicly Perform" means to perform public recitations of the Work and | |
101 | to communicate to the public those public recitations, by any means or | |
102 | process, including by wire or wireless means or public digital | |
103 | performances; to make available to the public Works in such a way that | |
104 | members of the public may access these Works from a place and at a | |
105 | place individually chosen by them; to perform the Work to the public | |
106 | by any means or process and the communication to the public of the | |
107 | performances of the Work, including by public digital performance; to | |
108 | broadcast and rebroadcast the Work by any means including signs, | |
109 | sounds or images. | |
110 | k. "Reproduce" means to make copies of the Work by any means including | |
111 | without limitation by sound or visual recordings and the right of | |
112 | fixation and reproducing fixations of the Work, including storage of a | |
113 | protected performance or phonogram in digital form or other electronic | |
114 | medium. | |
115 | ||
116 | 2. Fair Dealing Rights. Nothing in this License is intended to reduce, | |
117 | limit, or restrict any uses free from copyright or rights arising from | |
118 | limitations or exceptions that are provided for in connection with the | |
119 | copyright protection under copyright law or other applicable laws. | |
120 | ||
121 | 3. License Grant. Subject to the terms and conditions of this License, | |
122 | Licensor hereby grants You a worldwide, royalty-free, non-exclusive, | |
123 | perpetual (for the duration of the applicable copyright) license to | |
124 | exercise the rights in the Work as stated below: | |
125 | ||
126 | a. to Reproduce the Work, to incorporate the Work into one or more | |
127 | Collections, and to Reproduce the Work as incorporated in the | |
128 | Collections; | |
129 | b. to create and Reproduce Adaptations provided that any such Adaptation, | |
130 | including any translation in any medium, takes reasonable steps to | |
131 | clearly label, demarcate or otherwise identify that changes were made | |
132 | to the original Work. For example, a translation could be marked "The | |
133 | original work was translated from English to Spanish," or a | |
134 | modification could indicate "The original work has been modified."; | |
135 | c. to Distribute and Publicly Perform the Work including as incorporated | |
136 | in Collections; and, | |
137 | d. to Distribute and Publicly Perform Adaptations. | |
138 | e. For the avoidance of doubt: | |
139 | ||
140 | i. Non-waivable Compulsory License Schemes. In those jurisdictions in | |
141 | which the right to collect royalties through any statutory or | |
142 | compulsory licensing scheme cannot be waived, the Licensor | |
143 | reserves the exclusive right to collect such royalties for any | |
144 | exercise by You of the rights granted under this License; | |
145 | ii. Waivable Compulsory License Schemes. In those jurisdictions in | |
146 | which the right to collect royalties through any statutory or | |
147 | compulsory licensing scheme can be waived, the Licensor waives the | |
148 | exclusive right to collect such royalties for any exercise by You | |
149 | of the rights granted under this License; and, | |
150 | iii. Voluntary License Schemes. The Licensor waives the right to | |
151 | collect royalties, whether individually or, in the event that the | |
152 | Licensor is a member of a collecting society that administers | |
153 | voluntary licensing schemes, via that society, from any exercise | |
154 | by You of the rights granted under this License. | |
155 | ||
156 | The above rights may be exercised in all media and formats whether now | |
157 | known or hereafter devised. The above rights include the right to make | |
158 | such modifications as are technically necessary to exercise the rights in | |
159 | other media and formats. Subject to Section 8(f), all rights not expressly | |
160 | granted by Licensor are hereby reserved. | |
161 | ||
162 | 4. Restrictions. The license granted in Section 3 above is expressly made | |
163 | subject to and limited by the following restrictions: | |
164 | ||
165 | a. You may Distribute or Publicly Perform the Work only under the terms | |
166 | of this License. You must include a copy of, or the Uniform Resource | |
167 | Identifier (URI) for, this License with every copy of the Work You | |
168 | Distribute or Publicly Perform. You may not offer or impose any terms | |
169 | on the Work that restrict the terms of this License or the ability of | |
170 | the recipient of the Work to exercise the rights granted to that | |
171 | recipient under the terms of the License. You may not sublicense the | |
172 | Work. You must keep intact all notices that refer to this License and | |
173 | to the disclaimer of warranties with every copy of the Work You | |
174 | Distribute or Publicly Perform. When You Distribute or Publicly | |
175 | Perform the Work, You may not impose any effective technological | |
176 | measures on the Work that restrict the ability of a recipient of the | |
177 | Work from You to exercise the rights granted to that recipient under | |
178 | the terms of the License. This Section 4(a) applies to the Work as | |
179 | incorporated in a Collection, but this does not require the Collection | |
180 | apart from the Work itself to be made subject to the terms of this | |
181 | License. If You create a Collection, upon notice from any Licensor You | |
182 | must, to the extent practicable, remove from the Collection any credit | |
183 | as required by Section 4(c), as requested. If You create an | |
184 | Adaptation, upon notice from any Licensor You must, to the extent | |
185 | practicable, remove from the Adaptation any credit as required by | |
186 | Section 4(c), as requested. | |
187 | b. You may Distribute or Publicly Perform an Adaptation only under the | |
188 | terms of: (i) this License; (ii) a later version of this License with | |
189 | the same License Elements as this License; (iii) a Creative Commons | |
190 | jurisdiction license (either this or a later license version) that | |
191 | contains the same License Elements as this License (e.g., | |
192 | Attribution-ShareAlike 3.0 US)); (iv) a Creative Commons Compatible | |
193 | License. If you license the Adaptation under one of the licenses | |
194 | mentioned in (iv), you must comply with the terms of that license. If | |
195 | you license the Adaptation under the terms of any of the licenses | |
196 | mentioned in (i), (ii) or (iii) (the "Applicable License"), you must | |
197 | comply with the terms of the Applicable License generally and the | |
198 | following provisions: (I) You must include a copy of, or the URI for, | |
199 | the Applicable License with every copy of each Adaptation You | |
200 | Distribute or Publicly Perform; (II) You may not offer or impose any | |
201 | terms on the Adaptation that restrict the terms of the Applicable | |
202 | License or the ability of the recipient of the Adaptation to exercise | |
203 | the rights granted to that recipient under the terms of the Applicable | |
204 | License; (III) You must keep intact all notices that refer to the | |
205 | Applicable License and to the disclaimer of warranties with every copy | |
206 | of the Work as included in the Adaptation You Distribute or Publicly | |
207 | Perform; (IV) when You Distribute or Publicly Perform the Adaptation, | |
208 | You may not impose any effective technological measures on the | |
209 | Adaptation that restrict the ability of a recipient of the Adaptation | |
210 | from You to exercise the rights granted to that recipient under the | |
211 | terms of the Applicable License. This Section 4(b) applies to the | |
212 | Adaptation as incorporated in a Collection, but this does not require | |
213 | the Collection apart from the Adaptation itself to be made subject to | |
214 | the terms of the Applicable License. | |
215 | c. If You Distribute, or Publicly Perform the Work or any Adaptations or | |
216 | Collections, You must, unless a request has been made pursuant to | |
217 | Section 4(a), keep intact all copyright notices for the Work and | |
218 | provide, reasonable to the medium or means You are utilizing: (i) the | |
219 | name of the Original Author (or pseudonym, if applicable) if supplied, | |
220 | and/or if the Original Author and/or Licensor designate another party | |
221 | or parties (e.g., a sponsor institute, publishing entity, journal) for | |
222 | attribution ("Attribution Parties") in Licensor's copyright notice, | |
223 | terms of service or by other reasonable means, the name of such party | |
224 | or parties; (ii) the title of the Work if supplied; (iii) to the | |
225 | extent reasonably practicable, the URI, if any, that Licensor | |
226 | specifies to be associated with the Work, unless such URI does not | |
227 | refer to the copyright notice or licensing information for the Work; | |
228 | and (iv) , consistent with Ssection 3(b), in the case of an | |
229 | Adaptation, a credit identifying the use of the Work in the Adaptation | |
230 | (e.g., "French translation of the Work by Original Author," or | |
231 | "Screenplay based on original Work by Original Author"). The credit | |
232 | required by this Section 4(c) may be implemented in any reasonable | |
233 | manner; provided, however, that in the case of a Adaptation or | |
234 | Collection, at a minimum such credit will appear, if a credit for all | |
235 | contributing authors of the Adaptation or Collection appears, then as | |
236 | part of these credits and in a manner at least as prominent as the | |
237 | credits for the other contributing authors. For the avoidance of | |
238 | doubt, You may only use the credit required by this Section for the | |
239 | purpose of attribution in the manner set out above and, by exercising | |
240 | Your rights under this License, You may not implicitly or explicitly | |
241 | assert or imply any connection with, sponsorship or endorsement by the | |
242 | Original Author, Licensor and/or Attribution Parties, as appropriate, | |
243 | of You or Your use of the Work, without the separate, express prior | |
244 | written permission of the Original Author, Licensor and/or Attribution | |
245 | Parties. | |
246 | d. Except as otherwise agreed in writing by the Licensor or as may be | |
247 | otherwise permitted by applicable law, if You Reproduce, Distribute or | |
248 | Publicly Perform the Work either by itself or as part of any | |
249 | Adaptations or Collections, You must not distort, mutilate, modify or | |
250 | take other derogatory action in relation to the Work which would be | |
251 | prejudicial to the Original Author's honor or reputation. Licensor | |
252 | agrees that in those jurisdictions (e.g. Japan), in which any exercise | |
253 | of the right granted in Section 3(b) of this License (the right to | |
254 | make Adaptations) would be deemed to be a distortion, mutilation, | |
255 | modification or other derogatory action prejudicial to the Original | |
256 | Author's honor and reputation, the Licensor will waive or not assert, | |
257 | as appropriate, this Section, to the fullest extent permitted by the | |
258 | applicable national law, to enable You to reasonably exercise Your | |
259 | right under Section 3(b) of this License (right to make Adaptations) | |
260 | but not otherwise. | |
261 | ||
262 | 5. Representations, Warranties and Disclaimer | |
263 | ||
264 | UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR | |
265 | OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY | |
266 | KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, | |
267 | INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, | |
268 | FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF | |
269 | LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, | |
270 | WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION | |
271 | OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU. | |
272 | ||
273 | 6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE | |
274 | LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR | |
275 | ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES | |
276 | ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS | |
277 | BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. | |
278 | ||
279 | 7. Termination | |
280 | ||
281 | a. This License and the rights granted hereunder will terminate | |
282 | automatically upon any breach by You of the terms of this License. | |
283 | Individuals or entities who have received Adaptations or Collections | |
284 | from You under this License, however, will not have their licenses | |
285 | terminated provided such individuals or entities remain in full | |
286 | compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will | |
287 | survive any termination of this License. | |
288 | b. Subject to the above terms and conditions, the license granted here is | |
289 | perpetual (for the duration of the applicable copyright in the Work). | |
290 | Notwithstanding the above, Licensor reserves the right to release the | |
291 | Work under different license terms or to stop distributing the Work at | |
292 | any time; provided, however that any such election will not serve to | |
293 | withdraw this License (or any other license that has been, or is | |
294 | required to be, granted under the terms of this License), and this | |
295 | License will continue in full force and effect unless terminated as | |
296 | stated above. | |
297 | ||
298 | 8. Miscellaneous | |
299 | ||
300 | a. Each time You Distribute or Publicly Perform the Work or a Collection, | |
301 | the Licensor offers to the recipient a license to the Work on the same | |
302 | terms and conditions as the license granted to You under this License. | |
303 | b. Each time You Distribute or Publicly Perform an Adaptation, Licensor | |
304 | offers to the recipient a license to the original Work on the same | |
305 | terms and conditions as the license granted to You under this License. | |
306 | c. If any provision of this License is invalid or unenforceable under | |
307 | applicable law, it shall not affect the validity or enforceability of | |
308 | the remainder of the terms of this License, and without further action | |
309 | by the parties to this agreement, such provision shall be reformed to | |
310 | the minimum extent necessary to make such provision valid and | |
311 | enforceable. | |
312 | d. No term or provision of this License shall be deemed waived and no | |
313 | breach consented to unless such waiver or consent shall be in writing | |
314 | and signed by the party to be charged with such waiver or consent. | |
315 | e. This License constitutes the entire agreement between the parties with | |
316 | respect to the Work licensed here. There are no understandings, | |
317 | agreements or representations with respect to the Work not specified | |
318 | here. Licensor shall not be bound by any additional provisions that | |
319 | may appear in any communication from You. This License may not be | |
320 | modified without the mutual written agreement of the Licensor and You. | |
321 | f. The rights granted under, and the subject matter referenced, in this | |
322 | License were drafted utilizing the terminology of the Berne Convention | |
323 | for the Protection of Literary and Artistic Works (as amended on | |
324 | September 28, 1979), the Rome Convention of 1961, the WIPO Copyright | |
325 | Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 | |
326 | and the Universal Copyright Convention (as revised on July 24, 1971). | |
327 | These rights and subject matter take effect in the relevant | |
328 | jurisdiction in which the License terms are sought to be enforced | |
329 | according to the corresponding provisions of the implementation of | |
330 | those treaty provisions in the applicable national law. If the | |
331 | standard suite of rights granted under applicable copyright law | |
332 | includes additional rights not granted under this License, such | |
333 | additional rights are deemed to be included in the License; this | |
334 | License is not intended to restrict the license of any rights under | |
335 | applicable law. | |
336 | ||
337 | ||
338 | Creative Commons Notice | |
339 | ||
340 | Creative Commons is not a party to this License, and makes no warranty | |
341 | whatsoever in connection with the Work. Creative Commons will not be | |
342 | liable to You or any party on any legal theory for any damages | |
343 | whatsoever, including without limitation any general, special, | |
344 | incidental or consequential damages arising in connection to this | |
345 | license. Notwithstanding the foregoing two (2) sentences, if Creative | |
346 | Commons has expressly identified itself as the Licensor hereunder, it | |
347 | shall have all rights and obligations of Licensor. | |
348 | ||
349 | Except for the limited purpose of indicating to the public that the | |
350 | Work is licensed under the CCPL, Creative Commons does not authorize | |
351 | the use by either party of the trademark "Creative Commons" or any | |
352 | related trademark or logo of Creative Commons without the prior | |
353 | written consent of Creative Commons. Any permitted use will be in | |
354 | compliance with Creative Commons' then-current trademark usage | |
355 | guidelines, as may be published on its website or otherwise made | |
356 | available upon request from time to time. For the avoidance of doubt, | |
357 | this trademark restriction does not form part of the License. | |
358 | ||
359 | Creative Commons may be contacted at http://creativecommons.org/. |