License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS
PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED
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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. 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.
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 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;
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,
but otherwise you have no rights to make Derivative Works. All rights not expressly
granted by Licensor are hereby reserved, including but not limited to the rights
set forth in Sections 4(d) and 4(e).
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 credit as required by clause 4(c), as requested.
b 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.
c If you distribute, publicly display, publicly perform, or publicly digitally
perform the Work, 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; and 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. Such credit may
be implemented in any reasonable manner; provided, however, that in the case
of a 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.
d For the avoidance of doubt, where the Work is a musical composition:
i Performance Royalties Under Blanket Licenses. Licensor reserves 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 if that performance is primarily intended for or
directed toward commercial advantage or private monetary compensation.
ii Mechanical Rights and Statutory Royalties. Licensor reserves 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), if Your distribution of such cover version is primarily
intended for or directed toward commercial advantage or private monetary compensation.
e Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where
the Work is a sound recording, Licensor reserves 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), if Your public digital performance
is primarily intended for or directed toward commercial advantage or private
monetary compensation.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED 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
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 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 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.
c 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.
d 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.