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[pmachines.git] / licenses / cc_by-sa.txt
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1Creative Commons Legal Code
2
3Attribution-ShareAlike 3.0 Unported
4
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
12License
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14THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
15COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
16COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
17AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
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19BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE
20TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY
21BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS
22CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND
23CONDITIONS.
24
251. 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
1162. Fair Dealing Rights. Nothing in this License is intended to reduce,
117limit, or restrict any uses free from copyright or rights arising from
118limitations or exceptions that are provided for in connection with the
119copyright protection under copyright law or other applicable laws.
120
1213. License Grant. Subject to the terms and conditions of this License,
122Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
123perpetual (for the duration of the applicable copyright) license to
124exercise the rights in the Work as stated below:
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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;
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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
156The above rights may be exercised in all media and formats whether now
157known or hereafter devised. The above rights include the right to make
158such modifications as are technically necessary to exercise the rights in
159other media and formats. Subject to Section 8(f), all rights not expressly
160granted by Licensor are hereby reserved.
161
1624. Restrictions. The license granted in Section 3 above is expressly made
163subject 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
2625. Representations, Warranties and Disclaimer
263
264UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
265OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
266KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
267INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
268FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
269LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS,
270WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
271OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
272
2736. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE
274LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR
275ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES
276ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS
277BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
278
2797. 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
2988. 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
338Creative Commons Notice
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