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- Definitions
“Adaptation” means a work
based upon the Work, or upon the Work and other pre-existing works,
such as a translation, adaptation, derivative work, arrangement of music
or other alterations of a literary or artistic work, or phonogram or
performance and includes cinematographic adaptations or any other form
in which the Work may be recast, transformed, or adapted including in
any form recognizably derived from the original, except that a work that
constitutes a Collection will not be considered an Adaptation for the
purpose of this License. For the avoidance of doubt, where the Work is a
musical work, performance or phonogram, the synchronization of the Work
in timed-relation with a moving image (“synching”) will be considered
an Adaptation for the purpose of this License.
“Collection” means a
collection of literary or artistic works, such as encyclopedias and
anthologies, or performances, phonograms or broadcasts, or other works
or subject matter other than works listed in Section 1(g) below, which,
by reason of the selection and arrangement of their contents, constitute
intellectual creations, in which the Work is included in its entirety
in unmodified form along with one or more other contributions, each
constituting separate and independent works in themselves, which
together are assembled into a collective whole. A work that constitutes a
Collection will not be considered an Adaptation (as defined above) for
the purposes of this License.
“Distribute”
means to make available to the public the original and copies of the
Work or Adaptation, as appropriate, through sale or other transfer of
ownership.
“License Elements” means the following high-level license
attributes as selected by Licensor and indicated in the title of this
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“Licensor” means the individual, individuals, entity or entities that offer(s) the Work under the terms of this License.
“Original
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individual, individuals, entity or entities who created the Work or if
no individual or entity can be identified, the publisher; and in
addition (i) in the case of a performance the actors, singers,
musicians, dancers, and other persons who act, sing, deliver, declaim,
play in, interpret or otherwise perform literary or artistic works or
expressions of folklore; (ii) in the case of a phonogram the producer
being the person or legal entity who first fixes the sounds of a
performance or other sounds; and, (iii) in the case of broadcasts, the
organization that transmits the broadcast.
“Work” means the literary
and/or artistic work offered under the terms of this License including
without limitation any production in the literary, scientific and
artistic domain, whatever may be the mode or form of its expression
including digital form, such as a book, pamphlet and other writing; a
lecture, address, sermon or other work of the same nature; a dramatic or
dramatico-musical work; a choreographic work or entertainment in dumb
show; a musical composition with or without words; a cinematographic
work to which are assimilated works expressed by a process analogous to
cinematography; a work of drawing, painting, architecture, sculpture,
engraving or lithography; a photographic work to which are assimilated
works expressed by a process analogous to photography; a work of applied
art; an illustration, map, plan, sketch or three-dimensional work
relative to geography, topography, architecture or science; a
performance; a broadcast; a phonogram; a compilation of data to the
extent it is protected as a copyrightable work; or a work performed by a
variety or circus performer to the extent it is not otherwise
considered a literary or artistic work.
“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.
“Publicly Perform” means
to perform public recitations of the Work and to communicate to the
public those public recitations, by any means or process, including by
wire or wireless means or public digital performances; to make available
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“Reproduce” means to
make copies of the Work by any means including without limitation by
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fixations of the Work, including storage of a protected performance or
phonogram in digital form or other electronic medium.
- Fair Dealing Rights. Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.
- 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:
to Reproduce the Work,
to incorporate the Work into one or more Collections, and to Reproduce
the Work as incorporated in the Collections;
to create and Reproduce
Adaptations provided that any such Adaptation, including any translation
in any medium, takes reasonable steps to clearly label, demarcate or
otherwise identify that changes were made to the original Work. For
example, a translation could be marked “The original work was translated
from English to Spanish,” or a modification could indicate “The
original work has been modified.”;
to Distribute and Publicly Perform the Work including as incorporated in Collections; and,
to Distribute and Publicly Perform Adaptations.
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. Subject to Section 8(f), all rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights described in Section 4(e).
- Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
You
may Distribute or Publicly Perform the Work only under the terms of
this License. You must include a copy of, or the Uniform Resource
Identifier (URI) for, this License with every copy of the Work You
Distribute or Publicly Perform. You may not offer or impose any terms on
the Work that restrict the terms of this License or the ability of the
recipient of the Work to exercise the rights granted to that recipient
under the terms of the License. You may not sublicense the Work. You
must keep intact all notices that refer to this License and to the
disclaimer of warranties with every copy of the Work You Distribute or
Publicly Perform. When You Distribute or Publicly Perform the Work, You
may not impose any effective technological measures on the Work that
restrict the ability of a recipient of the Work from You to exercise the
rights granted to that recipient under the terms of the License. This
Section 4(a) applies to the Work as incorporated in a Collection, but
this does not require the Collection apart from the Work itself to be
made subject to the terms of this License. If You create a Collection,
upon notice from any Licensor You must, to the extent practicable,
remove from the Collection any credit as required by Section 4(d), as
requested. If You create an Adaptation, upon notice from any Licensor
You must, to the extent practicable, remove from the Adaptation any
credit as required by Section 4(d), as requested.
You may Distribute
or Publicly Perform an Adaptation only under: (i) the terms of this
License; (ii) a later version of this License with the same License
Elements as this License; (iii) a Creative Commons jurisdiction license
(either this or a later license version) that contains the same License
Elements as this License (e.g., Attribution-NonCommercial-ShareAlike 3.0
US) (“Applicable License”). You must include a copy of, or the URI, for
Applicable License with every copy of each Adaptation You Distribute or
Publicly Perform. You may not offer or impose any terms on the
Adaptation that restrict the terms of the Applicable License or the
ability of the recipient of the Adaptation to exercise the rights
granted to that recipient under the terms of the Applicable License. You
must keep intact all notices that refer to the Applicable License and
to the disclaimer of warranties with every copy of the Work as included
in the Adaptation You Distribute or Publicly Perform. When You
Distribute or Publicly Perform the Adaptation, You may not impose any
effective technological measures on the Adaptation that restrict the
ability of a recipient of the Adaptation from You to exercise the rights
granted to that recipient under the terms of the Applicable License.
This Section 4(b) applies to the Adaptation as incorporated in a
Collection, but this does not require the Collection apart from the
Adaptation itself to be made subject to the terms of the Applicable
License.
You may not exercise any of the rights granted to You in
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If You Distribute, or
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means You are utilizing: (i) the name of the Original Author (or
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the Work if supplied; (iii) to the extent reasonably practicable, the
URI, 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, (iv) consistent with Section 3(b), in the
case of an Adaptation, a credit identifying the use of the Work in the
Adaptation (e.g., “French translation of the Work by Original Author,”
or “Screenplay based on original Work by Original Author”). The credit
required by this Section 4(d) may be implemented in any reasonable
manner; provided, however, that in the case of a Adaptation or
Collection, at a minimum such credit will appear, if a credit for all
contributing authors of the Adaptation or Collection appears, then as
part of these credits and in a manner at least as prominent as the
credits for the other contributing authors. For the avoidance of doubt,
You may only use the credit required by this Section for the purpose of
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Licensor and/or Attribution Parties, as appropriate, of You or Your use
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For the avoidance of doubt:
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Compulsory License Schemes. In those jurisdictions in which the right
to collect royalties through any statutory or compulsory licensing
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collect such royalties for any exercise by You of the rights granted
under this License;
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jurisdictions in which the right to collect royalties through any
statutory or compulsory licensing scheme can be waived, the Licensor
reserves the exclusive right to collect such royalties for any exercise
by You of the rights granted under this License if Your exercise of such
rights is for a purpose or use which is otherwise than noncommercial as
permitted under Section 4(c) and otherwise waives the right to collect
royalties through any statutory or compulsory licensing scheme; and,
Voluntary
License Schemes. The Licensor reserves the right to collect royalties,
whether individually or, in the event that the Licensor is a member of a
collecting society that administers voluntary licensing schemes, via
that society, from any exercise by You of the rights granted under this
License that is for a purpose or use which is otherwise than
noncommercial as permitted under Section 4(c).
Except as otherwise
agreed in writing by the Licensor or as may be otherwise permitted by
applicable law, if You Reproduce, Distribute or Publicly Perform the
Work either by itself or as part of any Adaptations or Collections, You
must not distort, mutilate, modify or take other derogatory action in
relation to the Work which would be prejudicial to the Original Author’s
honor or reputation. Licensor agrees that in those jurisdictions (e.g.
Japan), in which any exercise of the right granted in Section 3(b) of
this License (the right to make Adaptations) would be deemed to be a
distortion, mutilation, modification or other derogatory action
prejudicial to the Original Author’s honor and reputation, the Licensor
will waive or not assert, as appropriate, this Section, to the fullest
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reasonably exercise Your right under Section 3(b) of this License (right
to make Adaptations) but not otherwise.
- Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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, MERCHANTABILITY, 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 THIS EXCLUSION MAY NOT APPLY TO YOU.
- 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.
- Termination
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 Adaptations or Collections from You under
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this License.
Subject to the above terms and conditions, the license
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in the Work). Notwithstanding the above, Licensor reserves the right to
release the Work under different license terms or to stop distributing
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stated above.
- Miscellaneous
Each time You
Distribute or Publicly Perform the Work or a Collection, the Licensor
offers to the recipient a license to the Work on the same terms and
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Each
time You Distribute or Publicly Perform an Adaptation, 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.
If any
provision of this License is invalid or unenforceable under applicable
law, it shall not affect the validity or enforceability of the remainder
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No
term or provision of this License shall be deemed waived and no breach
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This
License constitutes the entire agreement between the parties with
respect to the Work licensed here. There are no understandings,
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The
rights granted under, and the subject matter referenced, in this License
were drafted utilizing the terminology of the Berne Convention for the
Protection of Literary and Artistic Works (as amended on September 28,
1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996,
the WIPO Performances and Phonograms Treaty of 1996 and the Universal
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