| link:http://creativecommons.org/licenses/by/3.0/us/[CC-BY 3.0] |
| |
| 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. TO THE EXTENT THIS |
| LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU |
| THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH |
| TERMS AND CONDITIONS. |
| |
| 1. Definitions |
| |
| a. "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. |
| |
| b. "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(f) 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. |
| |
| c. "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. |
| |
| d. "Licensor" means the individual, individuals, entity or entities |
| that offer(s) the Work under the terms of this License. |
| |
| e. "Original Author" means, in the case of a literary or artistic |
| work, the 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. |
| |
| f. "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. |
| |
| g. "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. |
| |
| h. "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 to the public |
| Works in such a way that members of the public may access these |
| Works from a place and at a place individually chosen by them; |
| to perform the Work to the public by any means or process and |
| the communication to the public of the performances of the Work, |
| including by public digital performance; to broadcast and |
| rebroadcast the Work by any means including signs, sounds or |
| images. |
| |
| i. "Reproduce" means to make copies of the Work by any means |
| including without limitation by sound or visual recordings and |
| the right of fixation and reproducing fixations of the Work, |
| including storage of a protected performance or phonogram in |
| digital form or other electronic medium. |
| |
| 2. 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. |
| |
| 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 |
| Collections, and to Reproduce the Work as incorporated in the |
| Collections; |
| |
| b. 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."; |
| |
| c. to Distribute and Publicly Perform the Work including as |
| incorporated in Collections; and, |
| |
| d. to Distribute and Publicly Perform Adaptations. |
| |
| e. For the avoidance of doubt: |
| |
| i. Non-waivable Compulsory License Schemes. In those |
| jurisdictions in which the right to collect royalties |
| through any statutory or compulsory licensing scheme |
| cannot be waived, the Licensor reserves the exclusive |
| right to collect such royalties for any exercise by You |
| of the rights granted under this License; |
| |
| ii. Waivable Compulsory License Schemes. In those jurisdictions |
| in which the right to collect royalties through any |
| statutory or compulsory licensing scheme can be waived, |
| the Licensor waives the exclusive right to collect such |
| royalties for any exercise by You of the rights granted |
| under this License; and, |
| |
| iii. Voluntary License Schemes. The Licensor waives 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. |
| |
| 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. |
| |
| 4. Restrictions. The license granted in Section 3 above is expressly |
| made subject to and limited by the following restrictions: |
| |
| a. 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(b), 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(b), as requested. |
| |
| b. If You Distribute, or Publicly Perform the Work or any |
| Adaptations or Collections, You must, unless a request has been |
| made pursuant to Section 4(a), keep intact all copyright notices |
| for the Work and provide, reasonable to the medium or means You |
| are utilizing: (i) the name of the Original Author (or |
| pseudonym, if applicable) if supplied, and/or if the Original |
| Author and/or Licensor designate another party or parties (e.g., |
| a sponsor institute, publishing entity, journal) for attribution |
| ("Attribution Parties") in Licensor's copyright notice, terms of |
| service or by other reasonable means, the name of such party or |
| parties; (ii) the title of 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 (b) |
| 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 attribution in the manner set out above and, |
| by exercising Your rights under this License, You may not |
| implicitly or explicitly assert or imply any connection with, |
| sponsorship or endorsement by the Original Author, Licensor |
| and/or Attribution Parties, as appropriate, of You or Your use |
| of the Work, without the separate, express prior written |
| permission of the Original Author, Licensor and/or Attribution |
| Parties. |
| |
| 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 |
| extent permitted by the applicable national law, to enable You |
| to reasonably exercise Your right under Section 3(b) of this |
| License (right to make Adaptations) but not otherwise. |
| |
| 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 Adaptations |
| or Collections 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 Perform the Work or a |
| Collection, 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 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. |
| |
| 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. |
| |
| f. 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 Copyright Convention |
| (as revised on July 24, 1971). These rights and subject matter |
| take effect in the relevant jurisdiction in which the License |
| terms are sought to be enforced according to the corresponding |
| provisions of the implementation of those treaty provisions in |
| the applicable national law. If the standard suite of rights |
| granted under applicable copyright law includes additional |
| rights not granted under this License, such additional rights |
| are deemed to be included in the License; this License is not |
| intended to restrict the license of any rights under applicable |
| law. |