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Plaintext
299 lines
20 KiB
Plaintext
The Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License
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Copyright (c) [year] [fullname]
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License
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS
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PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR
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OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS
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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 CONSIDERED
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TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN
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CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
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1. Definitions
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"Adaptation" means a work based upon the Work, or upon the Work and other pre-
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existing works, such as a translation, adaptation, derivative work, arrangement
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of music or other alterations of a literary or artistic work, or phonogram or
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performance and includes cinematographic adaptations or any other form in which
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the Work may be recast, transformed, or adapted including in any form
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recognizably 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 this License.
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For the avoidance of doubt, where the Work is a musical work, performance or
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phonogram, the synchronization of the Work in timed-relation with a moving image
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("synching") will be considered an Adaptation for the purpose of this License.
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"Collection" means a collection of literary or artistic works, such as
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encyclopedias and anthologies, or performances, phonograms or broadcasts, or
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other works or subject matter other than works listed in Section 1(g) below,
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which, by reason of the selection and arrangement of their contents, constitute
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intellectual creations, in which the Work is included in its entirety in
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unmodified form along with one or more other contributions, each constituting
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separate and independent works in themselves, which together are assembled into
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a collective whole. A work that constitutes a Collection will not be considered
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an Adaptation (as defined above) for the purposes of this License. "Distribute"
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means to make available to the public the original and copies of the Work or
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Adaptation, as appropriate, through sale or other transfer of ownership.
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"License Elements" means the following high-level license attributes as selected
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by Licensor and indicated in the title of this License: Attribution,
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Noncommercial, ShareAlike. "Licensor" means the individual, individuals, entity
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or entities that offer(s) the Work under the terms of this License. "Original
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Author" means, in the case of a literary or artistic work, the individual,
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individuals, entity or entities who created the Work or if no individual or
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entity can be identified, the publisher; and in addition (i) in the case of a
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performance the actors, singers, musicians, dancers, and other persons who act,
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sing, deliver, declaim, play in, interpret or otherwise perform literary or
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artistic works or expressions of folklore; (ii) in the case of a phonogram the
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producer 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. "Work" means the literary and/or
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artistic work offered under the terms of this License including without
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limitation any production in the literary, scientific and artistic domain,
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whatever may be the mode or form of its expression including digital form, such
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as a book, 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 choreographic work
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or entertainment 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 process
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analogous to cinematography; a work of drawing, painting, architecture,
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sculpture, engraving or lithography; a photographic work to which are
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assimilated works expressed by a process analogous to photography; a work of
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applied art; an illustration, map, plan, sketch or three-dimensional work
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relative to geography, topography, architecture or science; a performance; a
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broadcast; a phonogram; a compilation of data to the extent it is protected as a
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copyrightable work; or a work performed by a variety or circus performer to the
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extent it is not otherwise considered a literary or artistic work. "You" means
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an individual or entity exercising rights under this License who has not
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previously violated the terms of this License with respect to the Work, or who
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has received express permission from the Licensor to exercise rights under this
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License despite a previous violation. "Publicly Perform" means to perform
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public recitations of the Work and to communicate to the public those public
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recitations, by any means or process, including by wire or wireless means or
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public digital performances; to make available to the public Works in such a way
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that 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 means or
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process and the communication to the public of the performances of the Work,
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including by public digital performance; to broadcast and rebroadcast the Work
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by any means including signs, sounds or images. "Reproduce" means to make
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copies of the Work by any means including without limitation by sound or visual
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recordings and the right of fixation and reproducing fixations of the Work,
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including storage of a protected performance or phonogram in digital form or
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other electronic medium. 2. Fair Dealing Rights. Nothing in this License is
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intended to reduce, limit, or restrict any uses free from copyright or rights
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arising from limitations or exceptions that are provided for in connection
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with the 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, Licensor
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hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for
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the duration of the applicable copyright) license to exercise the rights in
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the Work as stated below:
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to Reproduce the Work, to incorporate the Work into one or more Collections, and
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to Reproduce the Work as incorporated in the Collections; to create and
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Reproduce Adaptations provided that any such Adaptation, including any
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translation in any medium, takes reasonable steps to clearly label, demarcate or
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otherwise identify 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 English to
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Spanish," or a modification could indicate "The original work has been
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modified."; to Distribute and Publicly Perform the Work including as
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incorporated in Collections; and, to Distribute and Publicly Perform
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Adaptations. The above rights may be exercised in all media and formats whether
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now known 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 media
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and formats. Subject to Section 8(f), all rights not expressly granted by
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Licensor are hereby reserved, including but not limited to the rights described
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in Section 4(e).
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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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You may Distribute or Publicly Perform the Work only under the terms of this
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License. You must include a copy of, or the Uniform Resource Identifier (URI)
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for, this License with every copy of the Work You Distribute or Publicly
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Perform. You may not offer or impose any terms on the Work that restrict the
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terms of this License or the ability of the recipient of the Work to exercise
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the 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 this
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License and 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 Perform the
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Work, You may not impose any effective technological measures on the Work that
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restrict the ability of a recipient of the Work from You to exercise the
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rights 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 not
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require the Collection apart from the Work itself to be made subject to the
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terms of this License. If You create a Collection, upon notice from any
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Licensor You must, to the extent practicable, remove from the Collection any
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credit as required by Section 4(d), as requested. If You create an Adaptation,
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upon notice from any Licensor You must, to the extent practicable, remove from
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the Adaptation any credit as required by Section 4(d), as requested. You may
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Distribute or Publicly Perform an Adaptation only under: (i) the terms of this
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License; (ii) a later version of this License with the same License Elements
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as this License; (iii) a Creative Commons jurisdiction license (either this or
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a later license version) that contains the same License Elements as this
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License (e.g., Attribution-NonCommercial-ShareAlike 3.0 US) ("Applicable
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License"). You must include a copy of, or the URI, for Applicable License with
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every copy of each Adaptation You Distribute or Publicly Perform. You may not
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offer or impose any terms on the Adaptation that restrict the terms of the
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Applicable License or the ability of the recipient of the Adaptation to
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exercise the rights granted to that recipient under the terms of the
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Applicable License. You must keep intact all notices that refer to the
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Applicable License and to the disclaimer of warranties with every copy of the
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Work as included in the Adaptation You Distribute or Publicly Perform. When
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You Distribute or Publicly Perform the Adaptation, You may not impose any
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effective technological measures on the Adaptation that restrict the ability
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of a recipient of the Adaptation from You to exercise the rights granted to
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that recipient under the terms of the Applicable License. This Section 4(b)
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applies to the Adaptation as incorporated in a Collection, but this does not
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require the Collection apart from the Adaptation itself to be made subject to
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the terms of the Applicable License. You may not exercise any of the rights
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granted to You in Section 3 above in any manner that is primarily intended for
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or directed toward commercial advantage or private monetary compensation.
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The exchange of the Work for other copyrighted works by means of digital
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file-sharing or otherwise shall not be considered to be intended for or
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directed toward commercial advantage or private monetary compensation,
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provided there is no payment of any monetary compensation in con-nection
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with the exchange of copyrighted works. If You Distribute, or Publicly
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Perform the Work or any Adaptations or Collections, You must, unless a
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request has been made pursuant to Section 4(a), keep intact all copyright
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notices for the Work and provide, reasonable to the medium or means You are
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utilizing: (i) the name of the Original Author (or pseudonym, if applicable)
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if supplied, and/or if the Original Author and/or Licensor designate another
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party or parties (e.g., a sponsor institute, publishing entity, journal) for
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attribution ("Attribution Parties") in Licensor's copyright notice, terms of
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service or by other reasonable means, the name of such party or parties;
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(ii) the 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 with
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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 Section 3(b),
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in the case of an Adaptation, a credit identifying the use of the Work in
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the Adaptation (e.g., "French translation of the Work by Original Author,"
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or "Screenplay based on original Work by Original Author"). The credit
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required by this Section 4(d) may be implemented in any reasonable manner;
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provided, however, that in the case of a Adaptation or Collection, at a
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minimum such credit will appear, if a credit for all contributing authors of
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the Adaptation or Collection appears, then as part of these credits and in a
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manner at least as prominent as the credits for the other contributing
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authors. For the avoidance of doubt, You may only use the credit required by
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this Section for the purpose of attribution in the manner set out above and,
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by exercising Your rights under this License, You may not implicitly or
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explicitly assert or imply any connection with, sponsorship or endorsement
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by the Original Author, Licensor and/or Attribution Parties, as
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appropriate, of You or Your use of the Work, without the separate, express
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prior written permission of the Original Author, Licensor and/or
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Attribution Parties. For the avoidance of doubt:
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Non-waivable Compulsory License Schemes. In those jurisdictions in which the
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right to collect royalties through any statutory or compulsory licensing scheme
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cannot be waived, the Licensor reserves the exclusive right to collect such
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royalties for any exercise by You of the rights granted under this License;
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Waivable Compulsory License Schemes. In those jurisdictions in which the right
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to collect royalties through any statutory or compulsory licensing scheme can be
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waived, the Licensor reserves the exclusive right to collect such royalties for
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any exercise by You of the rights granted under this License if Your exercise
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of such rights is for a purpose or use which is otherwise than noncommercial
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as permitted under Section 4(c) and otherwise waives the right to collect
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royalties through any statutory or compulsory licensing scheme; and, Voluntary
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License Schemes. The Licensor reserves the right to collect royalties, whether
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individually or, in the event that the Licensor is a member of a collecting
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society that administers voluntary licensing schemes, via that society, from
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any exercise 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 under
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Section 4(c). Except as otherwise agreed in writing by the Licensor or as may
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be 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 or
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Collections, You must not distort, mutilate, modify or take other derogatory
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action in relation to the Work which would be prejudicial to the Original
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Author's honor or reputation. Licensor agrees that in those jurisdictions
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(e.g. Japan), in which any exercise of the right granted in Section 3(b) of
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this License (the right to make Adaptations) would be deemed to be a
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distortion, mutilation, modification or other derogatory action prejudicial to
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the Original Author's honor and reputation, the Licensor will waive or not
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assert, as appropriate, this Section, to the fullest extent permitted by the
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applicable national law, to enable You to reasonably exercise Your right under
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Section 3(b) of this License (right to make Adaptations) but not otherwise. 5.
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Representations, Warranties and Disclaimer
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING AND TO THE FULLEST
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EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO
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REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED,
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STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE,
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE
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ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF
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ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE
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EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.
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6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN
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NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
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INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS
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LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES.
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7. Termination
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This License and the rights granted hereunder will terminate automatically upon
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any breach by You of the terms of this License. Individuals or entities who have
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received Adaptations or Collections from You under this License, however, will
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not have their licenses terminated provided such individuals or entities remain
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in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will
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survive any termination of this License. Subject to the above terms and
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conditions, the license granted here is perpetual (for the duration of the
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applicable copyright in the Work). Notwithstanding the above, Licensor reserves
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the right to release the Work under different license terms or to stop
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distributing the Work at any time; provided, however that any such election will
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not serve to 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 License will
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continue in full force and effect unless terminated as stated above. 8.
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Miscellaneous
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Each time You Distribute or Publicly Perform the Work or a Collection, the
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Licensor offers to the recipient a license to the Work on the same terms and
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conditions as the license granted to You under this License. Each time You
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Distribute or Publicly Perform an Adaptation, Licensor offers to the recipient a
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license to the original Work on the same terms and conditions as the license
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granted to You under this License. If any provision of this License is invalid
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or unenforceable under applicable law, it shall not affect the validity or
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enforceability of the remainder of the terms of this License, and without
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further action by the parties to this agreement, such provision shall be
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reformed to the minimum extent necessary to make such provision valid and
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enforceable. 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 and signed
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by the party to be charged with such waiver or consent. This License
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constitutes the entire agreement between the parties with respect to the Work
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licensed here. There are no understandings, agreements or representations with
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respect to the Work not specified here. Licensor shall not be bound by any
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additional provisions that may appear in any communication from You. This
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License may not be modified without the mutual written agreement of the Licensor
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and You. 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 for the
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Protection of Literary and Artistic Works (as amended on September 28, 1979),
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the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO
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Performances and Phonograms Treaty of 1996 and the Universal Copyright
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Convention (as revised on July 24, 1971). These rights and subject matter take
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effect in the relevant jurisdiction in which the License terms are sought to
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be enforced according to the corresponding provisions of the implementation of
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those treaty provisions in the applicable national law. If the standard suite
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of rights granted under applicable copyright law includes additional rights
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not granted under this License, such additional rights are deemed to be
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included in the License; this License is not intended to restrict the license
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of any rights under applicable law. 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 to
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You or any party on any legal theory for any damages whatsoever, including
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without limitation any general, special, incidental or consequential damages
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arising in connection to this license. Notwithstanding the foregoing two (2)
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sentences, if Creative Commons has expressly identified itself as the Licensor
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hereunder, it shall 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
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party of the trademark "Creative Commons" or any related trademark or logo of
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Creative Commons without the prior written consent of Creative Commons. Any
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permitted use will be in compliance with Creative Commons' then-current
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trademark usage 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, this
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trademark restriction does not form part of this License.
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Creative Commons may be contacted at http://creativecommons.org/. |