summaryrefslogtreecommitdiff
blob: 6980a145324e01b03d3720fc34bcb4cce29c54ae (plain)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
Creative Commons Attribution-NonCommercial-ShareAlike 1.0

CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
SERVICES. DISTRIBUTION OF THIS DRAFT LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT
RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS.
CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND
DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.

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 AUTHORIZED UNDER THIS
LICENSE IS PROHIBITED.

BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE
BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED
HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

1. Definitions

     a. "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.

     b. "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.

     c. "Licensor" means the individual or entity that offers the Work under the
     terms of this License.

     d. "Original Author" means the individual or entity who created the Work.

     e. "Work" means the copyrightable work of authorship offered under the
     terms of this License.

     f. "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:

     a. 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;

     b. to create and reproduce Derivative Works;

     c. 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;

     d. to distribute copies or phonorecords of, display publicly, perform
     publicly, and perform publicly by means of a digital audio transmission
     Derivative Works;

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:

     a. 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 reference to such Licensor or the Original Author, 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
     reference to such Licensor or the Original Author, as requested.

     b. You may distribute, publicly display, publicly perform, or publicly
     digitally perform a Derivative 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 each Derivative Work You
     distribute, publicly display, publicly perform, or publicly digitally
     perform. You may not offer or impose any terms on the Derivative Works that
     alter or restrict the terms of this License or the recipients' exercise of
     the rights granted hereunder, and 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 Derivative 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 Derivative Work as incorporated
     in a Collective Work, but this does not require the Collective Work apart
     from the Derivative Work itself to be made subject to the terms of this
     License.

     c. You may not exercise any of the rights granted to You in Section 3 above
     in any manner that is primarily intended for or directed toward commercial
     advantage or private monetary compensation. The exchange of the Work for
     other copyrighted works by means of digital file-sharing or otherwise shall
     not be considered to be intended for or directed toward commercial
     advantage or private monetary compensation, provided there is no payment of
     any monetary compensation in connection with the exchange of copyrighted
     works.

     d. 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 give the Original
     Author credit reasonable to the medium or means You are utilizing by
     conveying the name (or pseudonym if applicable) of the Original Author if
     supplied; the title of the Work if supplied; 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

     a. By offering the Work for public release under this License, Licensor
     represents and warrants that, to the best of Licensor's knowledge after
     reasonable inquiry:

          i. Licensor has secured all rights in the Work necessary to grant the
          license rights hereunder and to permit the lawful exercise of the
          rights granted hereunder without You having any obligation to pay any
          royalties, compulsory license fees, residuals or any other payments;

          ii. The Work does not infringe the copyright, trademark, publicity
          rights, common law rights or any other right of any third party or
          constitute defamation, invasion of privacy or other tortious injury to
          any third party.

     b. EXCEPT AS EXPRESSLY STATED IN THIS LICENSE OR OTHERWISE AGREED IN
     WRITING OR REQUIRED BY APPLICABLE LAW, THE WORK IS LICENSED ON AN "AS IS"
     BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING,
     WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE CONTENTS OR ACCURACY OF
     THE WORK.

6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, AND
EXCEPT FOR DAMAGES ARISING FROM LIABILITY TO A THIRD PARTY RESULTING FROM BREACH
OF THE WARRANTIES IN SECTION 5, 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

     a. 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.

     b. 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

     a. 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.

     b. 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.

     c. 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.

     d. 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.

     e. 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/.