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288 lines
19 KiB
288 lines
19 KiB
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 INFORMATION
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ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING
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THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING
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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 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
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pre-existing works, such as a translation, adaptation, derivative work,
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arrangement of music or other alterations of a literary or artistic work,
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or phonogram or performance and includes cinematographic adaptations or
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any other form in which the Work may be recast, transformed, or adapted
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including in any form recognizably derived from the original, except that
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a work that constitutes a Collection will not be considered an Adaptation
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for the purpose of this License. For the avoidance of doubt, where the Work
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is a musical work, performance or phonogram, the synchronization of the Work
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in 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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"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(f) 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
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in unmodified form along with one or more other contributions, each
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constituting separate and independent works in themselves, which together
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are assembled into a collective whole. A work that constitutes a Collection
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will not be considered an Adaptation (as defined above) for the purposes
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of this License.
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"Distribute" means to make available to the public the original and copies of
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the Work or Adaptation, as appropriate, through sale or other transfer
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of ownership.
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"Licensor" means the individual, individuals, entity or entities that offer(s)
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the Work under the terms of this License.
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"Original Author" means, in the case of a literary or artistic work, the
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individual, individuals, entity or entities who created the Work or if no
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individual or entity can be identified, the publisher; and in addition (i)
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in the case of a performance the actors, singers, musicians, dancers, and
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other persons who act, sing, deliver, declaim, play in, interpret or otherwise
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perform literary or artistic works or expressions of folklore; (ii) in the
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case of a phonogram the producer being the person or legal entity who first
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fixes the sounds of a performance or other sounds; and, (iii) in the case of
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broadcasts, the organization that transmits the broadcast.
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"Work" means the literary and/or artistic work offered under the terms of this
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License including without limitation any production in the literary, scientific
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and artistic domain, whatever may be the mode or form of its expression including
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digital form, such as a book, pamphlet and other writing; a lecture, address,
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sermon or other work of the same nature; a dramatic or dramatico-musical work;
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a choreographic work or entertainment in dumb show; a musical composition with
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or without words; a cinematographic work to which are assimilated works expressed
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by a process analogous to cinematography; a work of drawing, painting,
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architecture, sculpture, engraving or lithography; a photographic work to which
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are 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 relative
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to geography, topography, architecture or science; a performance; a broadcast; a
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phonogram; a compilation of data to the extent it is protected as a copyrightable
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work; or a work performed by a variety or circus performer to the extent it is not
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otherwise considered a literary or artistic work.
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"You" means an individual or entity exercising rights under this License who
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has not previously violated the terms of this License with respect to the
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Work, or who has received express permission from the Licensor to exercise
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rights under this License despite a previous violation.
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"Publicly Perform" means to perform public recitations of the Work and to
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communicate to the public those public recitations, by any means or process,
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including by wire or wireless means or public digital performances; to make
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available to the public Works in such a way that members of the public may
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access these Works from a place and at a place individually chosen by them;
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to perform the Work to the public by any means or process and the communication
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to the public of the performances of the Work, including by public digital
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performance; to broadcast and rebroadcast the Work by any means including signs,
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sounds or images.
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"Reproduce" means to make copies of the Work by any means including without
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limitation by sound or visual recordings and the right of fixation and
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reproducing fixations of the Work, including storage of a protected
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performance or phonogram in digital form or other electronic medium.
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2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit,
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or restrict any uses free from copyright or rights arising from limitations
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or exceptions that are provided for in connection with the copyright protection
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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 the
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duration of the applicable copyright) license to exercise the rights in the
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Work as stated below:
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to Reproduce the Work, to incorporate the Work into one or more Collections,
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and to Reproduce the Work as incorporated in the Collections;
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to create and Reproduce Adaptations provided that any such Adaptation,
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including any translation in any medium, takes reasonable steps to clearly
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label, demarcate or otherwise identify that changes were made to the original
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Work. For example, a translation could be marked "The original work was
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translated from English to Spanish," or a modification could indicate "The
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original work has been modified."; to Distribute and Publicly Perform the
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Work including as incorporated in Collections; and, to Distribute and Publicly
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Perform Adaptations.
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For the avoidance of doubt:
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Non-waivable Compulsory License Schemes. In those jurisdictions in
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which the right to collect royalties through any statutory or compulsory
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licensing scheme cannot be waived, the Licensor reserves the exclusive
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right to collect such royalties for any exercise by You of the rights
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granted under this License; Waivable Compulsory License Schemes. In those
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jurisdictions in which the right to collect royalties through any statutory
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or 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 of the
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rights granted under this License; and, Voluntary License Schemes. The
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Licensor waives the right to collect royalties, whether individually or,
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in the event that the Licensor is a member of a collecting society that
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administers voluntary licensing schemes, via that society, from any
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exercise 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 known or
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hereafter devised. The above rights include the right to make such modifications
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as are technically necessary to exercise the rights in other media and formats.
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Subject to Section 8(f), all rights not expressly granted by Licensor are hereby
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reserved.
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4. Restrictions. The license granted in Section 3 above is expressly made subject
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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 Perform.
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You may not offer or impose any terms on the Work that restrict the terms of
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this License or the ability of the recipient of the Work to exercise the rights
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granted to that recipient under the terms of the License. You may not sublicense
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the Work. You must keep intact all notices that refer to this License and to the
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disclaimer of warranties with every copy of the Work You Distribute or Publicly
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Perform. When You Distribute or Publicly Perform the Work, You may not impose
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any effective technological measures on the Work that restrict the ability of a
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recipient of the Work from You to exercise the rights granted to that recipient
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under 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 apart
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from the Work itself to be made subject to the terms of this License. If You
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create a Collection, upon notice from any Licensor You must, to the extent
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practicable, remove from the Collection any credit as required by Section 4(b),
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as requested. If You create an Adaptation, upon notice from any Licensor You must,
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to the extent practicable, remove from the Adaptation any credit as required by
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Section 4(b), as requested.
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If You Distribute, or Publicly Perform the Work or any Adaptations or Collections,
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You must, unless a request has been made pursuant to Section 4(a), keep intact all
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copyright notices for the Work and provide, reasonable to the medium or means You
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are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if
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supplied, and/or if the Original Author and/or Licensor designate another party or
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parties (e.g., a sponsor institute, publishing entity, journal) for attribution
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("Attribution Parties") in Licensor's copyright notice, terms of service or by other
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reasonable means, the name of such party or parties; (ii) the title of the Work if
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supplied; (iii) to the 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 refer to the
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copyright notice or licensing information for the Work; and (iv) , consistent with
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Section 3(b), in the case of an Adaptation, a credit identifying the use of the
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Work in 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 required
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by this Section 4 (b) may be implemented in any reasonable manner; provided, however,
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that in the case of a Adaptation or Collection, at a minimum such credit will
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appear, if a credit for all contributing authors of the Adaptation or Collection
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appears, then as part of these credits and in a manner at least as prominent as
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the credits for the other contributing authors. For the avoidance of doubt, You
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may only use the credit required by this Section for the purpose of attribution
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in the manner set out above and, by exercising Your rights under this License,
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You may not implicitly or explicitly assert or imply any connection with,
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sponsorship or endorsement by the Original Author, Licensor and/or Attribution
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Parties, as appropriate, of You or Your use of the Work, without the separate,
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express prior written permission of the Original Author, Licensor and/or Attribution
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Parties.
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Except as otherwise agreed in writing by the Licensor or as may be otherwise
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permitted by applicable law, if You Reproduce, Distribute or Publicly Perform the
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Work either by itself or as part of any Adaptations or Collections, You must not
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distort, mutilate, modify or take other derogatory action in relation to the Work
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which would be 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 of the
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right granted in Section 3(b) of this License (the right to make Adaptations) would
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be deemed to be a distortion, mutilation, modification or other derogatory action
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prejudicial to the Original Author's honor and reputation, the Licensor will waive
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or not assert, as appropriate, this Section, to the fullest extent permitted by
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the 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.
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5. Representations, Warranties and Disclaimer
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE
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WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK,
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EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES
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OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR
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THE ABSENCE OF 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 OF IMPLIED
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WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
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6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO
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EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL,
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CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE
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OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE 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
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have received Adaptations or Collections from You under this License, however,
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will not have their licenses terminated provided such individuals or entities
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remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8
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will survive any termination of this License.
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Subject to the above terms and conditions, the license granted here is perpetual
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(for the duration of the applicable copyright in the Work). Notwithstanding
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the above, Licensor reserves the right to release the Work under different
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license terms or to stop distributing the Work at any time; provided, however
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that any such election will not serve to withdraw this License (or any other
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license that has been, or is required to be, granted under the terms of this
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License), and this License will continue in full force and effect unless
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terminated as stated above.
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8. 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.
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Each time You Distribute or Publicly Perform an Adaptation, Licensor offers
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to the recipient a license to the original Work on the same terms and
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conditions as the license granted to You under this License.
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If any provision of this License is invalid or unenforceable under applicable
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law, it shall not affect the validity or enforceability of the remainder of
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the terms of this License, and without further action by the parties to this
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agreement, such provision shall be reformed to the minimum extent necessary
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to make such provision valid and enforceable.
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No term or provision of this License shall be deemed waived and no breach
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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.
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This License constitutes the entire agreement between the parties with respect
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to the Work licensed here. There are no understandings, agreements or
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representations with respect to the Work not specified here. Licensor shall
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not be bound by any additional provisions that may appear in any communication
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from You. This License may not be modified without the mutual written agreement
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of the Licensor and You.
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The rights granted under, and the subject matter referenced, in this License
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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
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take effect in the relevant jurisdiction in which the License terms are
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sought to be enforced according to the corresponding provisions of the
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implementation of those treaty provisions in the applicable national law.
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If the standard suite of rights granted under applicable copyright law
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includes additional rights not granted under this License, such additional
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rights are deemed to be included in the License; this License is not intended
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to restrict the license of any rights under applicable law.
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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
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to 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
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made available upon request from time to time. For the avoidance of doubt,
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this trademark restriction does not form part of this License.
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Creative Commons may be contacted at http://creativecommons.org/.
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