CC-By-SA-3.0-USA license as downloaded from http://creativecommons.org/licenses/by-sa/3.0/us/legalcode
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CC-By-SA-3.0-USA.txt
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Creative Commons Attribution-ShareAlike 3.0 United States License
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(as downloaded from http://creativecommons.org/licenses/by-sa/3.0/us/legalcode )
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
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COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
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COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
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AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE
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TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY
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BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS
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CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND
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CONDITIONS.
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1. Definitions
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a. "Collective Work" means a work, such as a periodical issue, anthology
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or encyclopedia, in which the Work in its entirety in unmodified form,
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along with one or more other contributions, constituting separate and
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independent works in themselves, are assembled into a collective
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whole. A work that constitutes a Collective Work will not be
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considered a Derivative Work (as defined below) for the purposes of
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this License.
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b. "Creative Commons Compatible License" means a license that is listed
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at http://creativecommons.org/compatiblelicenses that has been
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approved by Creative Commons as being essentially equivalent to this
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License, including, at a minimum, because that license: (i) contains
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terms that have the same purpose, meaning and effect as the License
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Elements of this License; and, (ii) explicitly permits the relicensing
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of derivatives of works made available under that license under this
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License or either a Creative Commons unported license or a Creative
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Commons jurisdiction license with the same License Elements as this
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License.
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c. "Derivative Work" means a work based upon the Work or upon the Work
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and other pre-existing works, such as a translation, musical
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arrangement, dramatization, fictionalization, motion picture version,
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sound recording, art reproduction, abridgment, condensation, or any
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other form in which the Work may be recast, transformed, or adapted,
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except that a work that constitutes a Collective Work will not be
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considered a Derivative Work for the purpose of this License. For the
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avoidance of doubt, where the Work is a musical composition or sound
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recording, the synchronization of the Work in timed-relation with a
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moving image ("synching") will be considered a Derivative Work for the
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purpose of this License.
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d. "License Elements" means the following high-level license attributes
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as selected by Licensor and indicated in the title of this License:
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Attribution, ShareAlike.
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e. "Licensor" means the individual, individuals, entity or entities that
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offers the Work under the terms of this License.
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f. "Original Author" means the individual, individuals, entity or
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entities who created the Work.
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g. "Work" means the copyrightable work of authorship offered under the
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terms of this License.
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h. "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 with
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respect to the Work, or who has received express permission from the
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Licensor to exercise rights under this License despite a previous
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violation.
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2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or
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restrict any rights arising from fair use, first sale or other limitations
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on the exclusive rights of the copyright owner under copyright law or
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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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a. to reproduce the Work, to incorporate the Work into one or more
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Collective Works, and to reproduce the Work as incorporated in the
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Collective Works;
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b. to create and reproduce Derivative Works provided that any such
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Derivative Work, 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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c. to distribute copies or phonorecords of, display publicly, perform
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publicly, and perform publicly by means of a digital audio
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transmission the Work including as incorporated in Collective Works;
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d. to distribute copies or phonorecords of, display publicly, perform
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publicly, and perform publicly by means of a digital audio transmission
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Derivative Works.
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e. For the avoidance of doubt, where the Work is a musical composition:
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i. Performance Royalties Under Blanket Licenses. Licensor waives the
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exclusive right to collect, whether individually or, in the event
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that Licensor is a member of a performance rights society (e.g.
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ASCAP, BMI, SESAC), via that society, royalties for the public
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performance or public digital performance (e.g. webcast) of the Work.
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ii. Mechanical Rights and Statutory Royalties. Licensor waives the
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exclusive right to collect, whether individually or via a music
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rights agency or designated agent (e.g. Harry Fox Agency), royalties
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for any phonorecord You create from the Work ("cover version") and
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distribute, subject to the compulsory license created by 17 USC
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Section 115 of the US Copyright Act (or the equivalent in other
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jurisdictions).
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f. Webcasting Rights and Statutory Royalties. For the avoidance of doubt,
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where the Work is a sound recording, Licensor waives the exclusive right
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to collect, whether individually or via a performance-rights society
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(e.g. SoundExchange), royalties for the public digital performance
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(e.g. webcast) of the Work, subject to the compulsory license created by
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17 USC Section 114 of the US Copyright Act (or the equivalent in other
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jurisdictions).
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The above rights may be exercised in all media and formats whether now known
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or hereafter devised. The above rights include the right to make such
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modifications as are technically necessary to exercise the rights in other
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media and formats. All rights not expressly granted by Licensor are hereby
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reserved.
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4. Restrictions. The license granted in Section 3 above is expressly made
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subject to and limited by the following restrictions:
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a. You may distribute, publicly display, publicly perform, or publicly
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digitally perform the Work only under the terms of this License, and You
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must include a copy of, or the Uniform Resource Identifier for, this
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License with every copy or phonorecord of the Work You distribute,
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publicly display, publicly perform, or publicly digitally perform. You
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may not offer or impose any terms on the Work that restrict the terms of
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this License or the ability of a recipient of the Work to exercise of the
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rights granted to that recipient under the terms of the License. You may
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not sublicense the Work. You must keep intact all notices that refer to
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this License and to the disclaimer of warranties. When You distribute,
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publicly display, publicly perform, or publicly digitally perform the
|
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Work, You may not impose any technological measures on the Work that
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restrict the ability of a recipient of the Work from You to exercise of
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the rights granted to that recipient under the terms of the License. This
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Section 4(a) applies to the Work as incorporated in a Collective Work,
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but this does not require the Collective Work apart from the Work itself
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to be made subject to the terms of this License. If You create a
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Collective Work, upon notice from any Licensor You must, to the extent
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practicable, remove from the Collective Work any credit as required by
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Section 4(c), as requested. If You create a Derivative Work, upon notice
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from any Licensor You must, to the extent practicable, remove from the
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Derivative Work any credit as required by Section 4(c), as requested.
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b. You may distribute, publicly display, publicly perform, or publicly
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digitally perform a Derivative Work only under: (i) the terms of this
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License; (ii) a later version of this License with the same License
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||||
Elements as this License; (iii) either the Creative Commons (Unported)
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license or a Creative Commons jurisdiction license (either this or a
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later license version) that contains the same License Elements as this
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License (e.g. Attribution-ShareAlike 3.0 (Unported)); (iv) a Creative
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Commons Compatible License. If you license the Derivative Work under one
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of the licenses mentioned in (iv), you must comply with the terms of that
|
||||
license. If you license the Derivative Work under the terms of any of the
|
||||
licenses mentioned in (i), (ii) or (iii) (the "Applicable License"), you
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||||
must comply with the terms of the Applicable License generally and with
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||||
the following provisions: (I) You must include a copy of, or the Uniform
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||||
Resource Identifier for, the Applicable License with every copy or
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||||
phonorecord of each Derivative Work You distribute, publicly display,
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||||
publicly perform, or publicly digitally perform; (II) You may not offer
|
||||
or impose any terms on the Derivative Works that restrict the terms of
|
||||
the Applicable License or the ability of a recipient of the Work 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; and, (IV)
|
||||
when You distribute, publicly display, publicly perform, or publicly
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||||
digitally perform the Work, You may not impose any technological measures
|
||||
on the Derivative Work that restrict the ability of a recipient of the
|
||||
Derivative Work from You to exercise the rights granted to that recipient
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||||
under the terms of the Applicable License. This Section 4(b) applies to
|
||||
the Derivative Work as incorporated in a Collective Work, but this does
|
||||
not require the Collective Work apart from the Derivative Work itself to
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||||
be made subject to the terms of the Applicable License.
|
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c. If You distribute, publicly display, publicly perform, or publicly
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digitally perform the Work (as defined in Section 1 above) or any
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Derivative Works (as defined in Section 1 above) or Collective Works (as
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defined in Section 1 above), You must, unless a request has been made
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pursuant to Section 4(a), keep intact all copyright notices for the Work
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and provide, reasonable to the medium or means You are utilizing: (i) the
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name of the Original Author (or pseudonym, if applicable) if supplied,
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and/or (ii) if the Original Author and/or Licensor designate another
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party or parties (e.g. a sponsor institute, publishing entity, journal)
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for attribution ("Attribution Parties") in Licensor's copyright notice,
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terms of service or by other reasonable means, the name of such party or
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parties; the title of the Work if supplied; to the extent reasonably
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practicable, the Uniform Resource Identifier, if any, that Licensor
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specifies to be associated with the Work, unless such URI does not refer
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to the copyright notice or licensing information for the Work; and,
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consistent with Section 3(b) in the case of a Derivative Work, a credit
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identifying the use of the Work in the Derivative Work (e.g., "French
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translation of the Work by Original Author," or "Screenplay based on
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original Work by Original Author"). The credit required by this Section
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4(c) may be implemented in any reasonable manner; provided, however, that
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in the case of a Derivative Work or Collective Work, at a minimum such
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credit will appear, if a credit for all contributing authors of the
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Derivative Work or Collective Work appears, then as part of these credits
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and 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 the
|
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credit required by this Section for the purpose of attribution in the
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manner set out above and, by exercising Your rights under this License,
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You may not implicitly or explicitly assert or imply any connection with,
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sponsorship or endorsement by the Original Author, Licensor and/or
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Attribution Parties, as appropriate, of You or Your use of the Work,
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without the separate, express prior written permission of the Original
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Author, Licensor and/or Attribution Parties.
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5. Representations, Warranties and Disclaimer
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
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OFFERS THE WORK AS-IS AND ONLY TO THE EXTENT OF ANY RIGHTS HELD IN THE
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LICENSED WORK BY THE LICENSOR. THE LICENSOR MAKES NO REPRESENTATIONS OR
|
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WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR
|
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OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE,
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MARKETABILITY, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE,
|
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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.
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6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW,
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IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY
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SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING
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OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN
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ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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7. Termination
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||||
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a. This License and the rights granted hereunder will terminate
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||||
automatically upon any breach by You of the terms of this License.
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Individuals or entities who have received Derivative Works or
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||||
Collective Works from You under this License, however, will not have
|
||||
their licenses terminated provided such individuals or entities remain
|
||||
in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8
|
||||
will survive any termination of this License.
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b. Subject 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 Work).
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||||
Notwithstanding the above, Licensor reserves the right to release the
|
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Work under different license terms or to stop distributing the Work at
|
||||
any time; provided, however that any such election will not serve to
|
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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
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stated above.
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8. Miscellaneous
|
||||
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a. Each time You distribute or publicly digitally perform the Work (as
|
||||
defined in Section 1 above) or a Collective Work (as defined in Section 1
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above), the Licensor offers to the recipient a license to the Work on the
|
||||
same terms and conditions as the license granted to You under this
|
||||
License.
|
||||
|
||||
b. Each time You distribute or publicly digitally perform a Derivative Work,
|
||||
Licensor offers to the recipient a license to the original Work on the
|
||||
same terms and conditions as the license granted to You under this
|
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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
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||||
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
|
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respect to the Work licensed here. There are no understandings,
|
||||
agreements or representations with respect to the Work not specified
|
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here. Licensor shall not be bound by any additional provisions that may
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appear in any communication from You. This License may not be modified
|
||||
without the mutual written agreement of the Licensor and You.
|
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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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whatsoever in connection with the Work. Creative Commons will not be liable
|
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to You or any party on any legal theory for any damages whatsoever,
|
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including without limitation any general, special, incidental or
|
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consequential damages arising in connection to this
|
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license. Notwithstanding the foregoing two (2) sentences, if Creative
|
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Commons has expressly identified itself as the Licensor hereunder, it shall
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have all rights and obligations of Licensor.
|
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||||
Except for the limited purpose of indicating to the public that the Work is
|
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licensed under the CCPL, Creative Commons does not authorize the use by
|
||||
either party of the trademark "Creative Commons" or any related trademark
|
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or logo of Creative Commons without the prior written consent of Creative
|
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Commons. Any permitted use will be in compliance with Creative Commons'
|
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then-current trademark usage guidelines, as may be published on its website
|
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or otherwise made available upon request from time to time. For the
|
||||
avoidance of doubt, this trademark restriction does not form part of this
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License.
|
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Creative Commons may be contacted at http://creativecommons.org/.
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