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LICENSE
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Creative Commons Attriution-NonComercial-ShareAlike 3.0 Unported
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
"Adaptation" means a work based upon the Work, or upon the Work and other
pre-existing works, such as a translation, adaptation, derivative work,
arrangement of music or other alterations of a literary or artistic work, or
phonogram or performance and includes cinematographic adaptations or any other
form in which the Work may be recast, transformed, or adapted including in any
form recognizably derived from the original, except that a work that
constitutes a Collection will not be considered an Adaptation for the purpose
of this License. For the avoidance of doubt, where the Work is a musical work,
performance or phonogram, the synchronization of the Work in timed-relation
with a moving image ("synching") will be considered an Adaptation for the
purpose of this License. "Collection" means a collection of literary or
artistic works, such as encyclopedias and anthologies, or performances,
phonograms or broadcasts, or other works or subject matter other than works
listed in Section 1(g) below, which, by reason of the selection and arrangement
of their contents, constitute intellectual creations, in which the Work is
included in its entirety in unmodified form along with one or more other
contributions, each constituting separate and independent works in themselves,
which together are assembled into a collective whole. A work that constitutes a
Collection will not be considered an Adaptation (as defined above) for the
purposes of this License. "Distribute" means to make available to the public
the original and copies of the Work or Adaptation, as appropriate, through sale
or other transfer of ownership. "License Elements" means the following
high-level license attributes as selected by Licensor and indicated in the
title of this License: Attribution, Noncommercial, ShareAlike. "Licensor"
means the individual, individuals, entity or entities that offer(s) the Work
under the terms of this License. "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. "Work" means the literary and/or artistic work offered under
the terms of this License including without limitation any production in the
literary, scientific and artistic domain, whatever may be the mode or form of
its expression including digital form, such as a book, pamphlet and other
writing; a lecture, address, sermon or other work of the same nature; a
dramatic or dramatico-musical work; a choreographic work or entertainment in
dumb show; a musical composition with or without words; a cinematographic work
to which are assimilated works expressed by a process analogous to
cinematography; a work of drawing, painting, architecture, sculpture, engraving
or lithography; a photographic work to which are assimilated works expressed by
a process analogous to photography; a work of applied art; an illustration,
map, plan, sketch or three-dimensional work relative to geography, topography,
architecture or science; a performance; a broadcast; a phonogram; a compilation
of data to the extent it is protected as a copyrightable work; or a work
performed by a variety or circus performer to the extent it is not otherwise
considered a literary or artistic work. "You" means an individual or entity
exercising rights under this License who has not previously violated the terms
of this License with respect to the Work, or who has received express
permission from the Licensor to exercise rights under this License despite a
previous violation. "Publicly Perform" means to perform public recitations of
the Work and to communicate to the public those public recitations, by any
means or process, including by wire or wireless means or public digital
performances; to make available 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. "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:
to Reproduce the Work, to incorporate the Work into one or more Collections,
and to Reproduce the Work as incorporated in the Collections; to create and
Reproduce Adaptations provided that any such Adaptation, including any
translation in any medium, takes reasonable steps to clearly label, demarcate
or otherwise identify that changes were made to the original Work. For example,
a translation could be marked "The original work was translated from English to
Spanish," or a modification could indicate "The original work has been
modified."; to Distribute and Publicly Perform the Work including as
incorporated in Collections; and, to Distribute and Publicly Perform
Adaptations. The above rights may be exercised in all media and formats
whether now known or hereafter devised. The above rights include the right to
make such modifications as are technically necessary to exercise the rights in
other media and formats. Subject to Section 8(f), all rights not expressly
granted by Licensor are hereby reserved, including but not limited to the
rights described in Section 4(e).
4. Restrictions. The license granted in Section 3 above is expressly made
subject to and limited by the following restrictions:
You may Distribute or Publicly Perform the Work only under the terms of this
License. You must include a copy of, or the Uniform Resource Identifier (URI)
for, this License with every copy of the Work You Distribute or Publicly
Perform. You may not offer or impose any terms on the Work that restrict
the terms of this License or the ability of the recipient of the Work to
exercise the rights granted to that recipient under the terms of the
License. You may not sublicense the Work. You must keep intact all notices
that refer to this License and to the disclaimer of warranties with every
copy of the Work You Distribute or Publicly Perform. When You Distribute or
Publicly Perform the Work, You may not impose any effective technological
measures on the Work that restrict the ability of a recipient of the Work
from You to exercise the rights granted to that recipient under the terms
of the License. This Section 4(a) applies to the Work as incorporated in a
Collection, but this does not require the Collection apart from the Work
itself to be made subject to the terms of this License. If You create a
Collection, upon notice from any Licensor You must, to the extent
practicable, remove from the Collection any credit as required by Section
4(d), as requested. If You create an Adaptation, upon notice from any
Licensor You must, to the extent practicable, remove from the Adaptation
any credit as required by Section 4(d), as requested. You may Distribute
or Publicly Perform an Adaptation only under: (i) the terms of this
License; (ii) a later version of this License with the same License
Elements as this License; (iii) a Creative Commons jurisdiction license
(either this or a later license version) that contains the same License
Elements as this License (e.g., Attribution-NonCommercial-ShareAlike 3.0
US) ("Applicable License"). You must include a copy of, or the URI, for
Applicable License with every copy of each Adaptation You Distribute or
Publicly Perform. You may not offer or impose any terms on the Adaptation
that restrict the terms of the Applicable License or the ability of the
recipient of the Adaptation to exercise the rights granted to that
recipient under the terms of the Applicable License. You must keep intact
all notices that refer to the Applicable License and to the disclaimer of
warranties with every copy of the Work as included in the Adaptation You
Distribute or Publicly Perform. When You Distribute or Publicly Perform the
Adaptation, You may not impose any effective technological measures on the
Adaptation that restrict the ability of a recipient of the Adaptation from
You to exercise the rights granted to that recipient under the terms of the
Applicable License. This Section 4(b) applies to the Adaptation as
incorporated in a Collection, but this does not require the Collection
apart from the Adaptation itself to be made subject to the terms of the
Applicable License. You may not exercise any of the rights granted to You
in Section 3 above in any manner that is primarily intended for or directed
toward commercial advantage or private monetary compensation. The exchange
of the Work for other copyrighted works by means of digital file-sharing or
otherwise shall not be considered to be intended for or directed toward
commercial advantage or private monetary compensation, provided there is no
payment of any monetary compensation in con-nection with the exchange of
copyrighted works. 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(d) may be implemented in any reasonable manner;
provided, however, that in the case of a Adaptation or Collection, at a
minimum such credit will appear, if a credit for all contributing authors
of the Adaptation or Collection appears, then as part of these credits and
in a manner at least as prominent as the credits for the other contributing
authors. For the avoidance of doubt, You may only use the credit required
by this Section for the purpose of 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. For the avoidance of doubt:
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;
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 reserves the exclusive right to collect such royalties
for any exercise by You of the rights granted under this License if Your
exercise of such rights is for a purpose or use which is otherwise than
noncommercial as permitted under Section 4(c) and otherwise waives the
right to collect royalties through any statutory or compulsory licensing
scheme; and, Voluntary License Schemes. The Licensor reserves the right to
collect royalties, whether individually or, in the event that the Licensor
is a member of a collecting society that administers voluntary licensing
schemes, via that society, from any exercise by You of the rights granted
under this License that is for a purpose or use which is otherwise than
noncommercial as permitted under Section 4(c). Except as otherwise agreed
in writing by the Licensor or as may be otherwise permitted by applicable
law, if You Reproduce, Distribute or Publicly Perform the Work either by
itself or as part of any Adaptations or Collections, You must not distort,
mutilate, modify or take other derogatory action in relation to the Work
which would be prejudicial to the Original Author's honor or reputation.
Licensor agrees that in those jurisdictions (e.g. Japan), in which any
exercise of the right granted in Section 3(b) of this License (the right to
make Adaptations) would be deemed to be a distortion, mutilation,
modification or other derogatory action prejudicial to the Original
Author's honor and reputation, the Licensor will waive or not assert, as
appropriate, this Section, to the fullest 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 AND TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR OFFERS THE WORK AS-IS AND
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK,
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE
PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT
APPLY TO YOU.
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
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. 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
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. Each time You
Distribute or Publicly Perform an Adaptation, Licensor offers to the recipient
a license to the original Work on the same terms and conditions as the license
granted to You under this License. If any provision of this License is invalid
or unenforceable under applicable law, it shall not affect the validity or
enforceability of the remainder 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. 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. 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. 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.