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LICENSE.txt
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LICENSE.txt
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO
BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS
CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND
CONDITIONS.
1. Definitions
a. "Collective Work" means a work, such as a periodical issue, anthology
or encyclopedia, in which the Work in its entirety in unmodified form,
along with a number of other contributions, constituting separate and
independent works in themselves, are assembled into a collective whole.
A work that constitutes a Collective Work will not be considered a
Derivative Work (as defined below) for the purposes of this License.
b. "Derivative Work" means a work based upon the Work or upon the Work and
other pre-existing works, such as a translation, musical arrangement,
dramatization, fictionalization, motion picture version, sound recording,
art reproduction, abridgment, condensation, or any other form in which
the Work may be recast, transformed, or adapted, except that a work that
constitutes a Collective Work will not be considered a Derivative Work for
the purpose of this License. For the avoidance of doubt, where the Work is
a musical composition or sound recording, the synchronization of the Work
in timed-relation with a moving image ("synching") will be considered a
Derivative Work for the purpose of this License.
c. "Licensor" means the individual or entity that offers the Work under
the terms of this License.
d. "Original Author" means the individual or entity who created the Work.
e. "Work" means the copyrightable work of authorship offered under the
terms of this License.
f. "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.
g. "License Elements" means the following high-level license attributes as
selected by Licensor and indicated in the title of this License:
Attribution, Noncommercial, ShareAlike.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or
restrict any rights arising from fair use, first sale or other limitations on
the exclusive rights of the copyright owner under copyright law or other
applicable laws.
3. License Grant. Subject to the terms and conditions of this License,
Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual
(for the duration of the applicable copyright) license to exercise the rights
in the Work as stated below:
a. to reproduce the Work, to incorporate the Work into one or more
Collective Works, and to reproduce the Work as incorporated in the
Collective Works;
b. to create and reproduce Derivative Works;
c. to distribute copies or phonorecords of, display publicly, perform
publicly, and perform publicly by means of a digital audio transmission
the Work including as incorporated in Collective Works;
d. to distribute copies or phonorecords of, display publicly, perform
publicly, and perform publicly by means of a digital audio transmission
Derivative Works;
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
media and formats. All rights not expressly granted by Licensor are hereby
reserved, including but not limited to the rights set forth in Sections 4(e)
and 4(f).
4. Restrictions.The license granted in Section 3 above is expressly made
subject to and limited by the following restrictions:
a. You may distribute, publicly display, publicly perform, or publicly
digitally perform the Work only under the terms of this License, and You
must include a copy of, or the Uniform Resource Identifier for, this
License with every copy or phonorecord of the Work You distribute,
publicly display, publicly perform, or publicly digitally perform. You
may not offer or impose any terms on the Work that alter or restrict the
terms of this License or the recipients' exercise of the rights granted
hereunder. You may not sublicense the Work. You must keep intact all
notices that refer to this License and to the disclaimer of warranties.
You may not distribute, publicly display, publicly perform, or publicly
digitally perform the Work with any technological measures that control
access or use of the Work in a manner inconsistent with the terms of this
License Agreement. The above applies to the Work as incorporated in a
Collective Work, but this does not require the Collective Work apart from
the Work itself to be made subject to the terms of this License. If You
create a Collective Work, upon notice from any Licensor You must, to the
extent practicable, remove from the Collective Work any reference to such
Licensor or the Original Author, as requested. If You create a Derivative
Work, upon notice from any Licensor You must, to the extent practicable,
remove from the Derivative Work any reference to such Licensor or the
Original Author, as requested.
b. You may distribute, publicly display, publicly perform, or publicly
digitally perform a Derivative Work only under the terms of this License,
a later version of this License with the same License Elements as this
License, or a Creative Commons iCommons license that contains the same
License Elements as this License (e.g. Attribution-NonCommercial-
ShareAlike 2.0 Japan). You must include a copy of, or the Uniform Resource
Identifier for, this License or other license specified in the previous
sentence with every copy or phonorecord of each Derivative Work You
distribute, publicly display, publicly perform, or publicly digitally
perform. You may not offer or impose any terms on the Derivative Works
that alter or restrict the terms of this License or the recipients'
exercise of the rights granted hereunder, and You must keep intact all
notices that refer to this License and to the disclaimer of warranties.
You may not distribute, publicly display, publicly perform, or publicly
digitally perform the Derivative Work with any technological measures
that control access or use of the Work in a manner inconsistent with the
terms of this License Agreement. The above applies to the Derivative Work
as incorporated in a Collective Work, but this does not require the
Collective Work apart from the Derivative Work itself to be made subject
to the terms of this License.
c. You may not exercise any of the rights granted to You in Section 3 above
in any manner that is primarily intended for or directed toward commercial
advantage or private monetary compensation. The exchange of the Work for
other copyrighted works by means of digital file-sharing or otherwise
shall not be considered to be intended for or directed toward commercial
advantage or private monetary compensation, provided there is no payment
of any monetary compensation in connection with the exchange of
copyrighted works.
d. If you distribute, publicly display, publicly perform, or publicly
digitally perform the Work or any Derivative Works or Collective Works,
You must keep intact all copyright notices for the Work and give the
Original Author credit reasonable to the medium or means You are utilizing
by conveying the name (or pseudonym if applicable) of the Original Author
if supplied; the title of the Work if supplied; to the extent reasonably
practicable, the Uniform Resource Identifier, if any, that Licensor
specifies to be associated with the Work, unless such URI does not refer
to the copyright notice or licensing information for the Work; and in the
case of a Derivative Work, a credit identifying the use of the Work in the
Derivative Work (e.g., "French translation of the Work by Original
Author," or "Screenplay based on original Work by Original Author"). Such
credit may be implemented in any reasonable manner; provided, however,
that in the case of a Derivative Work or Collective Work, at a minimum
such credit will appear where any other comparable authorship credit
appears and in a manner at least as prominent as such other comparable
authorship credit.
e. For the avoidance of doubt, where the Work is a musical composition:
i. Performance Royalties Under Blanket Licenses. Licensor reserves the
exclusive right to collect, whether individually or via a performance
rights society (e.g. ASCAP, BMI, SESAC), royalties for the public
performance or public digital performance (e.g. webcast) of the Work
if that performance is primarily intended for or directed toward
commercial advantage or private monetary compensation.
ii. Mechanical Rights and Statutory Royalties. Licensor reserves the
exclusive right to collect, whether individually or via a music
rights agency or designated agent (e.g. Harry Fox Agency), royalties
for any phonorecord You create from the Work ("cover version") and
distribute, subject to the compulsory license created by 17 USC
Section 115 of the US Copyright Act (or the equivalent in other
jurisdictions), if Your distribution of such cover version is
primarily intended for or directed toward commercial advantage or
private monetary compensation.
f. Webcasting Rights and Statutory Royalties. For the avoidance of doubt,
where the Work is a sound recording, Licensor reserves the exclusive
right to collect, whether individually or via a performance-rights
society (e.g. SoundExchange), royalties for the public digital
performance (e.g. webcast) of the Work, subject to the compulsory
license created by 17 USC Section 114 of the US Copyright Act (or the
equivalent in other jurisdictions), if Your public digital performance
is primarily intended for or directed toward commercial advantage or
private monetary compensation.
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
CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS,
ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.
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 Derivative Works or Collective Works 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 digitally perform the Work or a
Collective Work, 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. Each time You distribute or publicly digitally perform a Derivative Work,
Licensor offers to the recipient a license to the original Work on the
same terms and conditions as the license granted to You under this
License.
c. 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.
d. 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.
e. 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.