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Creative Commons Legal Code |
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Attribution-ShareAlike 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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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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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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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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considered an Adaptation (as defined below) for the purposes of this |
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License. |
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c. "Creative Commons Compatible License" means a license that is listed |
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at https://creativecommons.org/compatiblelicenses that has been |
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approved by Creative Commons as being essentially equivalent to this |
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Elements of this License; and, (ii) explicitly permits the relicensing |
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License or a Creative Commons jurisdiction license with the same |
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License Elements as this License. |
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copies of the Work or Adaptation, as appropriate, through sale or |
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other transfer of ownership. |
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Attribution, ShareAlike. |
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offer(s) the Work under the terms of this License. |
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the individual, individuals, entity or entities who created the Work |
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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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organization that transmits the broadcast. |
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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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i. "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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to communicate to the public those public recitations, by any means or |
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performances of the Work, including by public digital performance; to |
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sounds or images. |
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k. "Reproduce" means to make copies of the Work by any means including |
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without limitation by sound or visual recordings and the right of |
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fixation and reproducing fixations of the Work, including storage of a |
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protected performance or phonogram in digital form or other electronic |
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medium. |
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2. Fair Dealing Rights. 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; |
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b. to create and Reproduce Adaptations provided that any such Adaptation, |
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including any translation in any medium, takes reasonable steps to |
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clearly label, demarcate or otherwise identify that changes were made |
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to the original Work. For example, a translation could be marked "The |
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original work was translated from English to Spanish," or a |
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modification could indicate "The original work has been modified."; |
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c. to Distribute and Publicly Perform the Work including as incorporated |
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in Collections; and, |
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d. to Distribute and Publicly Perform Adaptations. |
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e. For the avoidance of doubt: |
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i. Non-waivable Compulsory License Schemes. In those jurisdictions in |
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which the right to collect royalties through any statutory or |
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compulsory licensing scheme cannot be waived, the Licensor |
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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 waives the |
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exclusive right to collect such royalties for any exercise by You |
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of the rights granted under this License; and, |
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iii. Voluntary License Schemes. The Licensor waives the right to |
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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. |
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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. Subject to Section 8(f), all rights not expressly |
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granted by Licensor are hereby reserved. |
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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. If You create an |
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Adaptation, upon notice from any Licensor You must, to the extent |
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practicable, remove from the Adaptation any credit as required by |
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Section 4(c), as requested. |
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b. You may Distribute or Publicly Perform an Adaptation only under the |
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terms of: (i) this License; (ii) a later version of this License with |
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the same License Elements as this License; (iii) a Creative Commons |
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jurisdiction license (either this or a later license version) that |
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contains the same License Elements as this License (e.g., |
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Attribution-ShareAlike 3.0 US)); (iv) a Creative Commons Compatible |
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License. If you license the Adaptation under one of the licenses |
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mentioned in (iv), you must comply with the terms of that license. If |
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you license the Adaptation under the terms of any of the licenses |
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mentioned in (i), (ii) or (iii) (the "Applicable License"), you must |
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comply with the terms of the Applicable License generally and the |
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following provisions: (I) You must include a copy of, or the URI for, |
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the Applicable License with every copy of each Adaptation You |
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Distribute or Publicly Perform; (II) You may not offer or impose any |
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terms on the Adaptation that restrict the terms of the Applicable |
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License or the ability of the recipient of the Adaptation to exercise |
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the rights granted to that recipient under the terms of the Applicable |
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License; (III) 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 |
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of the Work as included in the Adaptation You Distribute or Publicly |
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Perform; (IV) when You Distribute or Publicly Perform the Adaptation, |
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You may not impose any effective technological measures on the |
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Adaptation that restrict the ability of a recipient of the Adaptation |
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from You to exercise the rights granted to that recipient under the |
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terms of the Applicable License. This Section 4(b) applies to the |
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Adaptation as incorporated in a Collection, but this does not require |
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the Collection apart from the Adaptation itself to be made subject to |
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the terms of the Applicable License. |
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c. If You Distribute, or Publicly Perform the Work or any Adaptations or |
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Collections, You must, unless a request has been made pursuant to |
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Section 4(a), keep intact all copyright notices for the Work and |
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provide, reasonable to the medium or means You are utilizing: (i) the |
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name of the Original Author (or pseudonym, if applicable) if supplied, |
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and/or if the Original Author and/or Licensor designate another party |
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or parties (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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and (iv) , consistent with Ssection 3(b), in the case of an |
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Adaptation, a credit identifying the use of the Work in the Adaptation |
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(e.g., "French translation of the Work by Original Author," or |
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"Screenplay based on original Work by Original Author"). The credit |
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required by this Section 4(c) may be implemented in any reasonable |
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manner; provided, however, that in the case of a Adaptation or |
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Collection, at a minimum such credit will appear, if a credit for all |
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contributing authors of the Adaptation or Collection appears, then as |
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part of these credits and in a manner at least as prominent as the |
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credits for the other contributing authors. For the avoidance of |
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doubt, You may only use the credit required by this Section for the |
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purpose of attribution in the manner set out above and, by exercising |
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Your rights under this License, You may not implicitly or explicitly |
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assert or imply any connection with, sponsorship or endorsement by the |
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Original Author, Licensor and/or Attribution Parties, as appropriate, |
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of You or Your use of the Work, without the separate, express prior |
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written permission of the Original Author, Licensor and/or Attribution |
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Parties. |
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d. Except as otherwise agreed in writing by the Licensor or as may be |
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otherwise permitted by applicable law, if You Reproduce, Distribute or |
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Publicly Perform the Work either by itself or as part of any |
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Adaptations or Collections, You must not distort, mutilate, modify or |
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take other derogatory action in relation to the Work which would be |
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prejudicial to the Original Author's honor or reputation. Licensor |
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agrees that in those jurisdictions (e.g. Japan), in which any exercise |
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of the right granted in Section 3(b) of this License (the right to |
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make Adaptations) would be deemed to be a distortion, mutilation, |
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modification or other derogatory action prejudicial to the Original |
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Author's honor and reputation, the Licensor will waive or not assert, |
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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 |
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right under Section 3(b) of this License (right to make Adaptations) |
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but not otherwise. |
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5. Representations, Warranties and Disclaimer |
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR |
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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 Adaptations or Collections |
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from You under this License, however, will not have their licenses |
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terminated provided such individuals or entities remain in full |
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compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will |
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survive any 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. Each time You Distribute or Publicly Perform an Adaptation, Licensor |
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offers to the recipient a license to the original Work on the same |
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terms and conditions as the license granted to You under this License. |
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c. If any provision of this License is invalid or unenforceable under |
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applicable law, it shall not affect the validity or enforceability of |
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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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d. 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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e. This License constitutes the entire agreement between the parties with |
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respect to the Work licensed here. There are no understandings, |
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agreements or representations with respect to the Work not specified |
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here. Licensor shall not be bound by any additional provisions that |
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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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f. The rights granted under, and the subject matter referenced, in this |
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License were drafted utilizing the terminology of the Berne Convention |
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for the Protection of Literary and Artistic Works (as amended on |
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September 28, 1979), the Rome Convention of 1961, the WIPO Copyright |
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Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 |
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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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poikilos
8 years ago
Jacob Gustafson