386 lines
22 KiB
Text
386 lines
22 KiB
Text
License
|
|
|
|
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 below) for the purposes of this
|
|
License.
|
|
|
|
c. "Creative Commons Compatible License" means a license that is listed
|
|
at http://creativecommons.org/compatiblelicenses that has been
|
|
approved by Creative Commons as being essentially equivalent to this
|
|
License, including, at a minimum, because that license: (i) contains
|
|
terms that have the same purpose, meaning and effect as the License
|
|
Elements of this License; and, (ii) explicitly permits the
|
|
relicensing of adaptations of works made available under that
|
|
license under this License or a Creative Commons jurisdiction
|
|
license with the same License Elements as this License.
|
|
|
|
d. "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.
|
|
|
|
e. "License Elements" means the following high-level license attributes
|
|
as selected by Licensor and indicated in the title of this License:
|
|
Attribution, ShareAlike.
|
|
|
|
f. "Licensor" means the individual, individuals, entity or entities
|
|
that offer(s) the Work under the terms of this License.
|
|
|
|
g. "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.
|
|
|
|
h. "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.
|
|
|
|
i. "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.
|
|
|
|
j. "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.
|
|
|
|
k. "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(c),
|
|
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(c), as requested.
|
|
|
|
b. You may Distribute or Publicly Perform an Adaptation only under the
|
|
terms of: (i) 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-ShareAlike 3.0 US)); (iv) a Creative Commons
|
|
Compatible License. If you license the Adaptation under one of the
|
|
licenses mentioned in (iv), you must comply with the terms of that
|
|
license. If you license the Adaptation under the terms of any of the
|
|
licenses mentioned in (i), (ii) or (iii) (the "Applicable License"),
|
|
you must comply with the terms of the Applicable License generally
|
|
and the following provisions: (I) You must include a copy of, or the
|
|
URI for, the Applicable License with every copy of each Adaptation
|
|
You Distribute or Publicly Perform; (II) 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; (III) 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; (IV) 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.
|
|
|
|
c. 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 Ssection 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(c) 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.
|
|
|
|
d. 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.
|
|
|
|
Creative Commons Notice
|
|
|
|
Creative Commons is not a party to this License, and makes no warranty
|
|
whatsoever in connection with the Work. Creative Commons will not be
|
|
liable to You or any party on any legal theory for any damages
|
|
whatsoever, including without limitation any general, special,
|
|
incidental or consequential damages arising in connection to this
|
|
license. Notwithstanding the foregoing two (2) sentences, if Creative
|
|
Commons has expressly identified itself as the Licensor hereunder, it
|
|
shall have all rights and obligations of Licensor.
|
|
|
|
Except for the limited purpose of indicating to the public that the
|
|
Work is licensed under the CCPL, Creative Commons does not authorize
|
|
the use by either party of the trademark "Creative Commons" or any
|
|
related trademark or logo of Creative Commons without the prior
|
|
written consent of Creative Commons. Any permitted use will be in
|
|
compliance with Creative Commons' then-current trademark usage
|
|
guidelines, as may be published on its website or otherwise made
|
|
available upon request from time to time. For the avoidance of doubt,
|
|
this trademark restriction does not form part of the License.
|
|
|
|
Creative Commons may be contacted at http://creativecommons.org/.
|