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*Attribution 2.5* | |
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE | |
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/License/ | |
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE | |
COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY | |
COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS | |
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RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS | |
AND CONDITIONS. | |
*1. Definitions* | |
1. *"Collective Work"* means a work, such as a periodical issue, | |
anthology or encyclopedia, in which the Work in its entirety in | |
unmodified form, along with a number of other contributions, | |
constituting separate and independent works in themselves, are | |
assembled into a collective whole. A work that constitutes a | |
Collective Work will not be considered a Derivative Work (as | |
defined below) for the purposes of this License. | |
2. *"Derivative Work"* means a work based upon the Work or upon the | |
Work and other pre-existing works, such as a translation, musical | |
arrangement, dramatization, fictionalization, motion picture | |
version, sound recording, art reproduction, abridgment, | |
condensation, or any other form in which the Work may be recast, | |
transformed, or adapted, except that a work that constitutes a | |
Collective Work will not be considered a Derivative Work for the | |
purpose of this License. For the avoidance of doubt, where the | |
Work is a musical composition or sound recording, the | |
synchronization of the Work in timed-relation with a moving image | |
("synching") will be considered a Derivative Work for the purpose | |
of this License. | |
3. *"Licensor"* means the individual or entity that offers the Work | |
under the terms of this License. | |
4. *"Original Author"* means the individual or entity who created the | |
Work. | |
5. *"Work"* means the copyrightable work of authorship offered under | |
the terms of this License. | |
6. *"You"* means an individual or entity exercising rights under this | |
License who has not previously violated the terms of this License | |
with respect to the Work, or who has received express permission | |
from the Licensor to exercise rights under this License despite a | |
previous violation. | |
*2. Fair Use Rights.* Nothing in this license is intended to reduce, | |
limit, or restrict any rights arising from fair use, first sale or other | |
limitations on the exclusive rights of the copyright owner under | |
copyright law or other applicable laws. | |
*3. License Grant.* Subject to the terms and conditions of this License, | |
Licensor hereby grants You a worldwide, royalty-free, non-exclusive, | |
perpetual (for the duration of the applicable copyright) license to | |
exercise the rights in the Work as stated below: | |
1. to reproduce the Work, to incorporate the Work into one or more | |
Collective Works, and to reproduce the Work as incorporated in the | |
Collective Works; | |
2. to create and reproduce Derivative Works; | |
3. to distribute copies or phonorecords of, display publicly, perform | |
publicly, and perform publicly by means of a digital audio | |
transmission the Work including as incorporated in Collective Works; | |
4. to distribute copies or phonorecords of, display publicly, perform | |
publicly, and perform publicly by means of a digital audio | |
transmission Derivative Works. | |
5. | |
For the avoidance of doubt, where the work is a musical composition: | |
1. *Performance Royalties Under Blanket Licenses*. Licensor | |
waives the exclusive right to collect, whether individually | |
or via a performance rights society (e.g. ASCAP, BMI, | |
SESAC), royalties for the public performance or public | |
digital performance (e.g. webcast) of the Work. | |
2. *Mechanical Rights and Statutory Royalties*. Licensor waives | |
the exclusive right to collect, whether individually or via | |
a music rights agency or designated agent (e.g. Harry Fox | |
Agency), royalties for any phonorecord You create from the | |
Work ("cover version") and distribute, subject to the | |
compulsory license created by 17 USC Section 115 of the US | |
Copyright Act (or the equivalent in other jurisdictions). | |
6. *Webcasting Rights and Statutory Royalties*. For the avoidance of | |
doubt, where the Work is a sound recording, Licensor waives the | |
exclusive right to collect, whether individually or via a | |
performance-rights society (e.g. SoundExchange), royalties for the | |
public digital performance (e.g. webcast) of the Work, subject to | |
the compulsory license created by 17 USC Section 114 of the US | |
Copyright Act (or the equivalent in other jurisdictions). | |
The above rights may be exercised in all media and formats whether now | |
known or hereafter devised. The above rights include the right to make | |
such modifications as are technically necessary to exercise the rights | |
in other media and formats. All rights not expressly granted by Licensor | |
are hereby reserved. | |
*4. Restrictions.*The license granted in Section 3 above is expressly | |
made subject to and limited by the following restrictions: | |
1. You may distribute, publicly display, publicly perform, or | |
publicly digitally perform the Work only under the terms of this | |
License, and You must include a copy of, or the Uniform Resource | |
Identifier for, this License with every copy or phonorecord of the | |
Work You distribute, publicly display, publicly perform, or | |
publicly digitally perform. You may not offer or impose any terms | |
on the Work that alter or restrict the terms of this License or | |
the recipients' exercise of the rights granted hereunder. You may | |
not sublicense the Work. You must keep intact all notices that | |
refer to this License and to the disclaimer of warranties. You may | |
not distribute, publicly display, publicly perform, or publicly | |
digitally perform the Work with any technological measures that | |
control access or use of the Work in a manner inconsistent with | |
the terms of this License Agreement. The above applies to the Work | |
as incorporated in a Collective Work, but this does not require | |
the Collective Work apart from the Work itself to be made subject | |
to the terms of this License. If You create a Collective Work, | |
upon notice from any Licensor You must, to the extent practicable, | |
remove from the Collective Work any credit as required by clause | |
4(b), as requested. If You create a Derivative Work, upon notice | |
from any Licensor You must, to the extent practicable, remove from | |
the Derivative Work any credit as required by clause 4(b), as | |
requested. | |
2. If you distribute, publicly display, publicly perform, or publicly | |
digitally perform the Work or any Derivative Works or Collective | |
Works, You must keep intact all copyright notices for the Work and | |
provide, reasonable to the medium or means You are utilizing: (i) | |
the name of the Original Author (or pseudonym, if applicable) if | |
supplied, and/or (ii) if the Original Author and/or Licensor | |
designate another party or parties (e.g. a sponsor institute, | |
publishing entity, journal) for attribution in Licensor's | |
copyright notice, terms of service or by other reasonable means, | |
the name of such party or parties; the title of the Work if | |
supplied; to the extent reasonably practicable, the Uniform | |
Resource Identifier, if any, that Licensor specifies to be | |
associated with the Work, unless such URI does not refer to the | |
copyright notice or licensing information for the Work; and in the | |
case of a Derivative Work, a credit identifying the use of the | |
Work in the Derivative Work (e.g., "French translation of the Work | |
by Original Author," or "Screenplay based on original Work by | |
Original Author"). Such credit may be implemented in any | |
reasonable manner; provided, however, that in the case of a | |
Derivative Work or Collective Work, at a minimum such credit will | |
appear where any other comparable authorship credit appears and in | |
a manner at least as prominent as such other comparable authorship | |
credit. | |
*5. Representations, Warranties and Disclaimer* | |
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR | |
OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY | |
KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, | |
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, | |
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF | |
LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, | |
WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE | |
EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU. | |
*6. Limitation on Liability.* EXCEPT TO THE EXTENT REQUIRED BY | |
APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL | |
THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY | |
DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF | |
LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. | |
*7. Termination* | |
1. This License and the rights granted hereunder will terminate | |
automatically upon any breach by You of the terms of this License. | |
Individuals or entities who have received Derivative Works or | |
Collective Works from You under this License, however, will not | |
have their licenses terminated provided such individuals or | |
entities remain in full compliance with those licenses. Sections | |
1, 2, 5, 6, 7, and 8 will survive any termination of this License. | |
2. Subject to the above terms and conditions, the license granted | |
here is perpetual (for the duration of the applicable copyright in | |
the Work). Notwithstanding the above, Licensor reserves the right | |
to release the Work under different license terms or to stop | |
distributing the Work at any time; provided, however that any such | |
election will not serve to withdraw this License (or any other | |
license that has been, or is required to be, granted under the | |
terms of this License), and this License will continue in full | |
force and effect unless terminated as stated above. | |
*8. Miscellaneous* | |
1. Each time You distribute or publicly digitally perform the Work or | |
a Collective Work, the Licensor offers to the recipient a license | |
to the Work on the same terms and conditions as the license | |
granted to You under this License. | |
2. Each time You distribute or publicly digitally perform a | |
Derivative Work, Licensor offers to the recipient a license to the | |
original Work on the same terms and conditions as the license | |
granted to You under this License. | |
3. If any provision of this License is invalid or unenforceable under | |
applicable law, it shall not affect the validity or enforceability | |
of the remainder of the terms of this License, and without further | |
action by the parties to this agreement, such provision shall be | |
reformed to the minimum extent necessary to make such provision | |
valid and enforceable. | |
4. No term or provision of this License shall be deemed waived and no | |
breach consented to unless such waiver or consent shall be in | |
writing and signed by the party to be charged with such waiver or | |
consent. | |
5. This License constitutes the entire agreement between the parties | |
with respect to the Work licensed here. There are no | |
understandings, agreements or representations with respect to the | |
Work not specified here. Licensor shall not be bound by any | |
additional provisions that may appear in any communication from | |
You. This License may not be modified without the mutual written | |
agreement of the Licensor and You. | |
Creative Commons is not a party to this License, and makes no warranty | |
whatsoever in connection with the Work. Creative Commons will not be | |
liable to You or any party on any legal theory for any damages | |
whatsoever, including without limitation any general, special, | |
incidental or consequential damages arising in connection to this | |
license. Notwithstanding the foregoing two (2) sentences, if Creative | |
Commons has expressly identified itself as the Licensor hereunder, it | |
shall have all rights and obligations of Licensor. | |
Except for the limited purpose of indicating to the public that the Work | |
is licensed under the CCPL, neither party will use the trademark | |
"Creative Commons" or any related trademark or logo of Creative Commons | |
without the prior written consent of Creative Commons. Any permitted use | |
will be in compliance with Creative Commons' then-current trademark | |
usage guidelines, as may be published on its website or otherwise made | |
available upon request from time to time. | |
Creative Commons may be contacted at http://creativecommons.org/ | |
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