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Creative Commons Attribution-ShareAlike 3.0 |
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE |
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LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN |
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS |
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TERMS AND CONDITIONS. |
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1. Definitions |
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1. "Adaptation" means a work based upon the Work, or upon the Work |
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and other pre-existing works, such as a translation, adaptation, |
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derivative work, arrangement of music or other alterations of a |
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literary or artistic work, or phonogram or performance and includes |
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cinematographic adaptations or any other form in which the Work may |
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be recast, transformed, or adapted including in any form |
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recognizably derived from the original, except that a work that |
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constitutes a Collection will not be considered an Adaptation for |
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the purpose of this License. For the avoidance of doubt, where the |
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Work is a musical work, performance or phonogram, the |
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synchronization of the Work in timed-relation with a moving image |
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("synching") will be considered an Adaptation for the purpose of |
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this License. |
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2. "Collection" means a collection of literary or artistic works, |
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such as encyclopedias and anthologies, or performances, phonograms |
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or broadcasts, or other works or subject matter other than works |
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listed in Section 1(f) below, which, by reason of the selection and |
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arrangement of their contents, constitute intellectual creations, |
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in which the Work is included in its entirety in unmodified form |
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along with one or more other contributions, each constituting |
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separate and independent works in themselves, which together are |
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assembled into a collective whole. A work that constitutes a |
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Collection will not be considered an Adaptation (as defined below) |
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for the purposes of this License. |
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3. "Creative Commons Compatible License" means a license that is |
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listed at http://creativecommons.org/compatiblelicenses that has |
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been approved by Creative Commons as being essentially equivalent |
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to this License, including, at a minimum, because that license: (i) |
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contains terms that have the same purpose, meaning and effect as |
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the License Elements of this License; and, (ii) explicitly permits |
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the relicensing of adaptations of works made available under that |
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license under this License or a Creative Commons jurisdiction |
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license with the same License Elements as this License. |
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4. "Distribute" means to make available to the public the original |
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and copies of the Work or Adaptation, as appropriate, through sale |
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or other transfer of ownership. |
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5. "License Elements" means the following high-level license |
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attributes as selected by Licensor and indicated in the title of |
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this License: Attribution, ShareAlike. |
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6. "Licensor" means the individual, individuals, entity or entities |
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that offer(s) the Work under the terms of this License. |
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7. "Original Author" means, in the case of a literary or artistic |
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work, the individual, individuals, entity or entities who created |
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the Work or if no individual or entity can be identified, the |
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publisher; and in addition (i) in the case of a performance the |
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actors, singers, musicians, dancers, and other persons who act, |
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sing, deliver, declaim, play in, interpret or otherwise perform |
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literary or artistic works or expressions of folklore; (ii) in the |
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case of a phonogram the producer being the person or legal entity |
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who first fixes the sounds of a performance or other sounds; and, |
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(iii) in the case of broadcasts, the organization that transmits |
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the broadcast. |
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8. "Work" means the literary and/or artistic work offered under the |
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terms of this License including without limitation any production |
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in the literary, scientific and artistic domain, whatever may be |
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the mode or form of its expression including digital form, such as |
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a book, pamphlet and other writing; a lecture, address, sermon or |
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other work of the same nature; a dramatic or dramatico-musical |
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work; a choreographic work or entertainment in dumb show; a musical |
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composition with or without words; a cinematographic work to which |
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are assimilated works expressed by a process analogous to |
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cinematography; a work of drawing, painting, architecture, |
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sculpture, engraving or lithography; a photographic work to which |
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are assimilated works expressed by a process analogous to |
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photography; a work of applied art; an illustration, map, plan, |
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sketch or three-dimensional work relative to geography, topography, |
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architecture or science; a performance; a broadcast; a phonogram; a |
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compilation of data to the extent it is protected as a |
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copyrightable work; or a work performed by a variety or circus |
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performer to the extent it is not otherwise considered a literary |
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or artistic work. |
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9. "You" means an individual or entity exercising rights under this |
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License who has not previously violated the terms of this License |
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with respect to the Work, or who has received express permission |
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from the Licensor to exercise rights under this License despite a |
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previous violation. |
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10. "Publicly Perform" means to perform public recitations of the |
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Work and to communicate to the public those public recitations, by |
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any means or process, including by wire or wireless means or public |
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digital performances; to make available to the public Works in such |
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a way that members of the public may access these Works from a place |
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and at a place individually chosen by them; to perform the Work to |
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the public by any means or process and the communication to the |
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public of the performances of the Work, including by public digital |
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performance; to broadcast and rebroadcast the Work by any means |
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including signs, sounds or images. |
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11. "Reproduce" means to make copies of the Work by any means |
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including without limitation by sound or visual recordings and the |
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right of fixation and reproducing fixations of the Work, including |
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storage of a protected performance or phonogram in digital form or |
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other electronic medium. |
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2. Fair Dealing Rights. Nothing in this License is intended to reduce, |
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limit, or restrict any uses free from copyright or rights arising from |
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limitations or exceptions that are provided for in connection with the |
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copyright protection under copyright law or other applicable laws. |
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3. License Grant. Subject to the terms and conditions of this License, |
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Licensor hereby grants You a worldwide, royalty-free, non-exclusive, |
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perpetual (for the duration of the applicable copyright) license to |
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exercise the rights in the Work as stated below: |
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1. to Reproduce the Work, to incorporate the Work into one or more |
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Collections, and to Reproduce the Work as incorporated in the |
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Collections; |
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2. to create and Reproduce Adaptations provided that any such |
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Adaptation, including any translation in any medium, takes |
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reasonable steps to clearly label, demarcate or otherwise identify |
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that changes were made to the original Work. For example, a |
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translation could be marked "The original work was translated from |
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English to Spanish," or a modification could indicate "The original |
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work has been modified."; |
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3. to Distribute and Publicly Perform the Work including as |
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incorporated in Collections; and, |
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4. to Distribute and Publicly Perform Adaptations. |
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5. For the avoidance of doubt: |
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1. Non-waivable Compulsory License Schemes. In those |
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any statutory or compulsory licensing scheme cannot be |
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waived, the Licensor reserves the exclusive right to collect |
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such royalties for any exercise by You of the rights granted |
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jurisdictions in which the right to collect royalties through |
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any statutory or compulsory licensing scheme can be waived, |
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the Licensor waives the exclusive right to collect such |
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royalties for any exercise by You of the rights granted under |
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this License; and, |
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3. Voluntary License Schemes. The Licensor waives the right |
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to collect royalties, whether individually or, in the event |
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that the Licensor is a member of a collecting society that |
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administers voluntary licensing schemes, via that society, |
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from any exercise by You of the rights granted under this |
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License. |
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The above rights may be exercised in all media and formats whether now |
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known or hereafter devised. The above rights include the right to make |
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such modifications as are technically necessary to exercise the rights |
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in other media and formats. Subject to Section 8(f), all rights not |
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expressly granted by Licensor are hereby reserved. |
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4. Restrictions. The license granted in Section 3 above is expressly |
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made subject to and limited by the following restrictions: |
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1. You may Distribute or Publicly Perform the Work only under the |
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terms of this License. You must include a copy of, or the Uniform |
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Resource Identifier (URI) for, this License with every copy of the |
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Work You Distribute or Publicly Perform. You may not offer or |
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impose any terms on the Work that restrict the terms of this |
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License or the ability of the recipient of the Work to exercise the |
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rights granted to that recipient under the terms of the |
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License. You may not sublicense the Work. You must keep intact all |
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notices that refer to this License and to the disclaimer of |
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warranties with every copy of the Work You Distribute or Publicly |
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Perform. When You Distribute or Publicly Perform the Work, You may |
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not impose any effective technological measures on the Work that |
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restrict the ability of a recipient of the Work from You to |
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exercise the rights granted to that recipient under the terms of |
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the License. This Section 4(a) applies to the Work as incorporated |
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in a Collection, but this does not require the Collection apart |
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from the Work itself to be made subject to the terms of this |
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License. If You create a Collection, upon notice from any Licensor |
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You must, to the extent practicable, remove from the Collection any |
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credit as required by Section 4(c), as requested. If You create an |
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Adaptation, upon notice from any Licensor You must, to the extent |
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practicable, remove from the Adaptation any credit as required by |
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Section 4(c), as requested. |
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2. You may Distribute or Publicly Perform an Adaptation only under |
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the terms of: (i) this License; (ii) a later version of this |
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License with the same License Elements as this License; (iii) a |
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Creative Commons jurisdiction license (either this or a later |
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license version) that contains the same License Elements as this |
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License (e.g., Attribution-ShareAlike 3.0 US)); (iv) a Creative |
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Commons Compatible License. If you license the Adaptation under one |
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of the licenses mentioned in (iv), you must comply with the terms |
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of that license. If you license the Adaptation under the terms of |
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any of the licenses mentioned in (i), (ii) or (iii) (the |
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"Applicable License"), you must comply with the terms of the |
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Applicable License generally and the following provisions: (I) You |
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must include a copy of, or the URI for, the Applicable License with |
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every copy of each Adaptation You Distribute or Publicly Perform; |
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(II) You may not offer or impose any terms on the Adaptation that |
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restrict the terms of the Applicable License or the ability of the |
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recipient of the Adaptation to exercise the rights granted to that |
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recipient under the terms of the Applicable License; (III) You must |
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keep intact all notices that refer to the Applicable License and to |
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the disclaimer of warranties with every copy of the Work as |
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included in the Adaptation You Distribute or Publicly Perform; (IV) |
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when You Distribute or Publicly Perform the Adaptation, You may not |
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impose any effective technological measures on the Adaptation that |
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restrict the ability of a recipient of the Adaptation from You to |
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exercise the rights granted to that recipient under the terms of |
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the Applicable License. This Section 4(b) applies to the Adaptation |
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as incorporated in a Collection, but this does not require the |
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Collection apart from the Adaptation itself to be made subject to |
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the terms of the Applicable License. |
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3. If You Distribute, or Publicly Perform the Work or any |
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Adaptations or Collections, You must, unless a request has been |
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made pursuant to Section 4(a), keep intact all copyright notices |
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for the Work and provide, reasonable to the medium or means You are |
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utilizing: (i) the name of the Original Author (or pseudonym, if |
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applicable) if supplied, and/or if the Original Author and/or |
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Licensor designate another party or parties (e.g., a sponsor |
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institute, publishing entity, journal) for attribution |
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("Attribution Parties") in Licensor's copyright notice, terms of |
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service or by other reasonable means, the name of such party or |
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parties; (ii) the title of the Work if supplied; (iii) to the |
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extent reasonably practicable, the URI, if any, that Licensor |
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specifies to be associated with the Work, unless such URI does not |
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refer to the copyright notice or licensing information for the |
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Work; and (iv) , consistent with Ssection 3(b), in the case of an |
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Adaptation, a credit identifying the use of the Work in the |
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Adaptation (e.g., "French translation of the Work by Original |
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Author," or "Screenplay based on original Work by Original |
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Author"). The credit required by this Section 4(c) may be |
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implemented in any reasonable manner; provided, however, that in |
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the case of a Adaptation or Collection, at a minimum such credit |
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will appear, if a credit for all contributing authors of the |
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Adaptation or Collection appears, then as part of these credits and |
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in a manner at least as prominent as the credits for the other |
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contributing authors. For the avoidance of doubt, You may only use |
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the credit required by this Section for the purpose of attribution |
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in the manner set out above and, by exercising Your rights under |
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this License, You may not implicitly or explicitly assert or imply |
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any connection with, sponsorship or endorsement by the Original |
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Author, Licensor and/or Attribution Parties, as appropriate, of You |
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or Your use of the Work, without the separate, express prior |
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written permission of the Original Author, Licensor and/or |
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Attribution Parties. |
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4. Except as otherwise agreed in writing by the Licensor or as may |
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be otherwise permitted by applicable law, if You Reproduce, |
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Distribute or Publicly Perform the Work either by itself or as part |
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of any Adaptations or Collections, You must not distort, mutilate, |
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modify or take other derogatory action in relation to the Work |
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which would be prejudicial to the Original Author's honor or |
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reputation. Licensor agrees that in those jurisdictions |
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(e.g. Japan), in which any exercise of the right granted in Section |
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3(b) of this License (the right to make Adaptations) would be |
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deemed to be a distortion, mutilation, modification or other |
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derogatory action prejudicial to the Original Author's honor and |
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reputation, the Licensor will waive or not assert, as appropriate, |
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this Section, to the fullest extent permitted by the applicable |
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national law, to enable You to reasonably exercise Your right under |
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Section 3(b) of this License (right to make Adaptations) but not |
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otherwise. |
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5. Representations, Warranties and Disclaimer |
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, |
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LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR |
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WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, |
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STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF |
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TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, |
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NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, |
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OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT |
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DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED |
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WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU. |
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6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY |
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APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY |
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LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR |
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EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, |
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EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
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7. Termination |
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1. This License and the rights granted hereunder will terminate |
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automatically upon any breach by You of the terms of this |
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License. Individuals or entities who have received Adaptations or |
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Collections from You under this License, however, will not have |
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their licenses terminated provided such individuals or entities |
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remain in full compliance with those licenses. Sections 1, 2, 5, 6, |
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7, and 8 will survive any termination of this License. 2. Subject |
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to the above terms and conditions, the license granted here is |
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perpetual (for the duration of the applicable copyright in the |
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Work). Notwithstanding the above, Licensor reserves the right to |
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release the Work under different license terms or to stop |
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distributing the Work at any time; provided, however that any such |
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election will not serve to withdraw this License (or any other |
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license that has been, or is required to be, granted under the |
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terms of this License), and this License will continue in full |
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force and effect unless terminated as stated above. |
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8. Miscellaneous |
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1. Each time You Distribute or Publicly Perform the Work or a |
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Collection, the Licensor offers to the recipient a license to the |
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Work on the same terms and conditions as the license granted to You |
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under this License. |
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2. Each time You Distribute or Publicly Perform an Adaptation, |
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Licensor offers to the recipient a license to the original Work on |
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the same terms and conditions as the license granted to You under |
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this License. |
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3. If any provision of this License is invalid or unenforceable |
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under applicable law, it shall not affect the validity or |
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enforceability of the remainder of the terms of this License, and |
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without further action by the parties to this agreement, such |
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provision shall be reformed to the minimum extent necessary to make |
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such provision valid and enforceable. |
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4. No term or provision of this License shall be deemed waived and |
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no breach consented to unless such waiver or consent shall be in |
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writing and signed by the party to be charged with such waiver or |
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consent. |
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5. This License constitutes the entire agreement between the |
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parties with respect to the Work licensed here. There are no |
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understandings, agreements or representations with respect to the |
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Work not specified here. Licensor shall not be bound by any |
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additional provisions that may appear in any communication from |
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You. This License may not be modified without the mutual written |
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agreement of the Licensor and You. |
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6. The rights granted under, and the subject matter referenced, in |
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this License were drafted utilizing the terminology of the Berne |
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Convention for the Protection of Literary and Artistic Works (as |
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amended on September 28, 1979), the Rome Convention of 1961, the |
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WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms |
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Treaty of 1996 and the Universal Copyright Convention (as revised |
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on July 24, 1971). These rights and subject matter take effect in |
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the relevant jurisdiction in which the License terms are sought to |
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be enforced according to the corresponding provisions of the |
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implementation of those treaty provisions in the applicable |
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national law. If the standard suite of rights granted under |
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applicable copyright law includes additional rights not granted |
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under this License, such additional rights are deemed to be |
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included in the License; this License is not intended to restrict |
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the license of any rights under applicable law. |
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Creative Commons Notice |
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Creative Commons is not a party to this License, and makes no warranty |
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Commons has expressly identified itself as the Licensor hereunder, it |
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shall have all rights and obligations of Licensor. |
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Except for the limited purpose of indicating to the public that the |
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Work is licensed under the CCPL, Creative Commons does not authorize |
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Creative Commons may be contacted at http://creativecommons.org/. |