308 lines
18 KiB
Text
308 lines
18 KiB
Text
Creative Commons Legal Code
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Attribution-NonCommercial-NoDerivs 3.0 Unported
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE
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LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN
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ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS
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INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES
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REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR
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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
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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. "Adaptation" means a work based upon the Work, or upon the Work and
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other pre-existing works, such as a translation, adaptation,
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derivative work, arrangement of music or other alterations of a
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literary or artistic work, or phonogram or performance and includes
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cinematographic adaptations or any other form in which the Work may be
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recast, transformed, or adapted including in any form recognizably
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derived from the original, except that a work that constitutes a
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Collection will not be considered an Adaptation for the purpose of
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this License. For the avoidance of doubt, where the Work is a musical
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work, performance or phonogram, the synchronization of the Work in
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timed-relation with a moving image ("synching") will be considered an
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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
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broadcasts, or other works or subject matter other than works listed
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in Section 1(f) below, which, by reason of the selection and
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arrangement of their contents, constitute intellectual creations, in
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which the Work is included in its entirety in unmodified form along
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with one or more other contributions, each constituting separate and
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independent works in themselves, which together are assembled into a
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collective whole. A work that constitutes a Collection will not be
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considered an Adaptation (as defined above) for the purposes of this
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License.
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c. "Distribute" means to make available to the public the original and
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copies of the Work through sale or other transfer of ownership.
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d. "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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e. "Original Author" means, in the case of a literary or artistic work,
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the individual, individuals, entity or entities who created the Work
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or if no individual or entity can be identified, the publisher; and in
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addition (i) in the case of a performance the actors, singers,
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musicians, dancers, and other persons who act, sing, deliver, declaim,
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play in, interpret or otherwise perform literary or artistic works or
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expressions of folklore; (ii) in the case of a phonogram the producer
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being the person or legal entity who first fixes the sounds of a
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performance or other sounds; and, (iii) in the case of broadcasts, the
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organization that transmits the broadcast.
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f. "Work" means the literary and/or artistic work offered under the terms
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of this License including without limitation any production in the
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literary, scientific and artistic domain, whatever may be the mode or
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form of its expression including digital form, such as a book,
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pamphlet and other writing; a lecture, address, sermon or other work
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of the same nature; a dramatic or dramatico-musical work; a
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choreographic work or entertainment in dumb show; a musical
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composition with or without words; a cinematographic work to which are
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assimilated works expressed by a process analogous to cinematography;
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a work of drawing, painting, architecture, sculpture, engraving or
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lithography; a photographic work to which are assimilated works
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expressed by a process analogous to photography; a work of applied
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art; an illustration, map, plan, sketch or three-dimensional work
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relative to geography, topography, architecture or science; a
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performance; a broadcast; a phonogram; a compilation of data to the
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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
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considered a literary or artistic work.
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g. "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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h. "Publicly Perform" means to perform public recitations of the Work and
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to 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
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place individually chosen by them; to perform the Work to the public
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by any means or process and the communication to the public of the
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performances of the Work, including by public digital performance; to
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broadcast and rebroadcast the Work by any means including signs,
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sounds or images.
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i. "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. Nothing in this License is intended to reduce,
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limit, or restrict any uses free from copyright or rights arising from
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limitations or exceptions that are provided for in connection with the
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copyright protection under copyright law or other applicable laws.
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3. License Grant. Subject to the terms and conditions of this License,
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Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
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perpetual (for the duration of the applicable copyright) license to
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exercise the rights in the Work as stated below:
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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; and,
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b. to Distribute and Publicly Perform the Work including as incorporated
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in Collections.
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The above rights may be exercised in all media and formats whether now
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known or hereafter devised. The above rights include the right to make
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such modifications as are technically necessary to exercise the rights in
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other media and formats, but otherwise you have no rights to make
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Adaptations. Subject to 8(f), all rights not expressly granted by Licensor
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are hereby reserved, including but not limited to the rights set forth in
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Section 4(d).
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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 or Publicly Perform the Work only under the terms
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of 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
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on the Work that restrict the terms of this License or the ability of
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the recipient of the Work to exercise the rights granted to that
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recipient under the terms of the License. You may not sublicense the
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Work. You must keep intact all notices that refer to this License and
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to the disclaimer of warranties with every copy of the Work You
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Distribute or Publicly Perform. When You Distribute or Publicly
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Perform the Work, You may not impose any effective technological
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measures on the Work that restrict the ability of a recipient of the
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Work from You to exercise the rights granted to that recipient under
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the terms of the License. This Section 4(a) applies to the Work as
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incorporated in a Collection, but this does not require the Collection
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apart from the Work itself to be made subject to the terms of this
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License. If You create a Collection, upon notice from any Licensor You
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must, to the extent practicable, remove from the Collection any credit
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as required by Section 4(c), as requested.
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b. You may not exercise any of the rights granted to You in Section 3
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above in any manner that is primarily intended for or directed toward
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commercial advantage or private monetary compensation. The exchange of
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the Work for other copyrighted works by means of digital file-sharing
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or otherwise shall not be considered to be intended for or directed
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toward commercial advantage or private monetary compensation, provided
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there is no payment of any monetary compensation in connection with
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the exchange of copyrighted works.
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c. If You Distribute, or Publicly Perform the Work or Collections, You
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must, unless a request has been made pursuant to Section 4(a), keep
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intact all copyright notices for the Work and provide, reasonable to
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the medium or means You are utilizing: (i) the name of the Original
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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
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(e.g., a sponsor institute, publishing entity, journal) for
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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
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or parties; (ii) the title of the Work if supplied; (iii) to the
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extent reasonably practicable, the URI, if any, that Licensor
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specifies to be associated with the Work, unless such URI does not
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refer to the copyright notice or licensing information for the Work.
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The credit required by this Section 4(c) may be implemented in any
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reasonable manner; provided, however, that in the case of a
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Collection, at a minimum such credit will appear, if a credit for all
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contributing authors of Collection appears, then as part of these
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credits and in a manner at least as prominent as the credits for the
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other contributing authors. For the avoidance of doubt, You may only
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use the credit required by this Section for the purpose of attribution
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in the manner set out above and, by exercising Your rights under this
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License, You may not implicitly or explicitly assert or imply any
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connection with, sponsorship or endorsement by the Original Author,
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Licensor and/or Attribution Parties, as appropriate, of You or Your
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use of the Work, without the separate, express prior written
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permission of the Original Author, Licensor and/or Attribution
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Parties.
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d. 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
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reserves the exclusive right to collect such royalties for any
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exercise by 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 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 if Your exercise of
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such rights is for a purpose or use which is otherwise than
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noncommercial as permitted under Section 4(b) and otherwise waives
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the right to collect royalties through any statutory or compulsory
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licensing scheme; and,
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iii. Voluntary License Schemes. The Licensor reserves the right to
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collect royalties, whether individually or, in the event that the
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Licensor is a member of a collecting society that administers
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voluntary licensing schemes, via that society, from any exercise
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by You of the rights granted under this License that is for a
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purpose or use which is otherwise than noncommercial as permitted
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under Section 4(b).
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e. 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
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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
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to the Original Author's honor or reputation.
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5. Representations, Warranties and Disclaimer
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UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES IN WRITING, LICENSOR
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OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
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KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
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INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
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FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
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LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS,
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WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
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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
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LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR
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ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES
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ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS
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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 Collections from You under
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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
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required to be, granted under the terms of this License), and this
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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 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. 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
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the remainder of the terms of this License, and without further action
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by the parties to this agreement, such provision shall be reformed to
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the minimum extent necessary to make such provision valid and
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enforceable.
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c. No term or provision of this License shall be deemed waived and no
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breach consented to unless such waiver or consent shall be in writing
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and signed by the party to be charged with such waiver or consent.
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d. 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
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may appear in any communication from You. This License may not be
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modified without the mutual written agreement of the Licensor and You.
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e. 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
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and the Universal Copyright Convention (as revised on July 24, 1971).
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These rights and subject matter take effect in the relevant
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jurisdiction in which the License terms are sought to be enforced
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according to the corresponding provisions of the implementation of
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those treaty provisions in the applicable national law. If the
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standard suite of rights granted under applicable copyright law
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includes additional rights not granted under this License, such
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additional rights are deemed to be included in the License; this
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License is not intended to restrict the license of any rights under
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applicable law.
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Creative Commons Notice
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Creative Commons is not a party to this License, and makes no warranty
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whatsoever in connection with the Work. Creative Commons will not be
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liable to You or any party on any legal theory for any damages
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whatsoever, including without limitation any general, special,
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incidental or 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
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shall have all rights and obligations of Licensor.
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Except for the limited purpose of indicating to the public that the
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Work is licensed under the CCPL, Creative Commons does not authorize
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the use by either party of the trademark "Creative Commons" or any
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related trademark or logo of Creative Commons without the prior
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written consent of Creative Commons. Any permitted use will be in
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compliance with Creative Commons' then-current trademark usage
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guidelines, as may be published on its website or otherwise made
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available upon request from time to time. For the avoidance of doubt,
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this trademark restriction does not form part of this License.
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Creative Commons may be contacted at https://creativecommons.org/.
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