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