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 OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF
THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE
RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
1. Definitions
1. "Adaptation" means a work based upon the Work, or upon the Work and other pre-existing works, such
as a translation, adaptation, derivative work, arrangement of music or other alterations of a
literary or artistic work, or phonogram or performance and includes cinematographic adaptations or
any other form in which the Work may be recast, transformed, or adapted including in any form
recognizably derived from the original, except that a work that constitutes a Collection will
not be considered an Adaptation for the purpose of this License. For the avoidance of doubt, where
the Work is a musical work, performance or phonogram, the synchronization of the Work in
timed-relation with a moving image ("synching") will be considered an Adaptation for the purpose
of this License.
2. "Collection" means a collection of literary or artistic works, such as encyclopedias and
anthologies, or performances, phonograms or broadcasts, or other works or subject matter other than
works listed in Section 1(f) below, which, by reason of the selection and arrangement of their
contents, constitute intellectual creations, in which the Work is included in its entirety in
unmodified form along with one or more other contributions, each constituting separate and
independent works in themselves, which together are assembled into a collective whole. A work that
constitutes a Collection will not be considered an Adaptation (as defined below) for the purposes of
this License.
3. "Creative Commons Compatible License" means a license that is listed at
http://creativecommons.org/compatiblelicenses that has been approved by Creative Commons as being
essentially equivalent to this License, including, at a minimum, because that license: (i) contains
terms that have the same purpose, meaning and effect as the License Elements of this License; and,
(ii) explicitly permits the relicensing of adaptations of works made available under that license
under this License or a Creative Commons jurisdiction license with the same License Elements as
this License.
4. "Distribute" means to make available to the public the original and copies of the Work or
Adaptation, as appropriate, through sale or other transfer of ownership.
5. "License Elements" means the following high-level license attributes as selected by Licensor and
indicated in the title of this License: Attribution, ShareAlike.
6. "Licensor" means the individual, individuals, entity or entities that offer(s) the Work under
the terms of this License.
7. "Original Author" means, in the case of a literary or artistic work, the individual, individuals,
entity or entities who created the Work or if no individual or entity can be identified, the
publisher; and in addition (i) in the case of a performance the actors, singers, musicians, dancers,
and other persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary
or artistic works or expressions of folklore; (ii) in the case of a phonogram the producer being the
person or legal entity who first fixes the sounds of a performance or other sounds; and, (iii) in the
case of broadcasts, the organization that transmits the broadcast.
8. "Work" means the literary and/or artistic work offered under the terms of this License including
without limitation any production in the literary, scientific and artistic domain, whatever may be
the mode or form of its expression including digital form, such as a book, pamphlet and other
writing; a lecture, address, sermon or other work of the same nature; a dramatic or dramatico-musical
work; a choreographic work or entertainment in dumb show; a musical composition with or without
words; a cinematographic work to which are assimilated works expressed by a process analogous to
cinematography; a work of drawing, painting, architecture, sculpture, engraving or lithography; a
photographic work to which are assimilated works expressed by a process analogous to photography;
a work of applied art; an illustration, map, plan, sketch or three-dimensional work relative to
geography, topography, architecture or science; a performance; a broadcast; a phonogram; a
compilation of data to the extent it is protected as a copyrightable work; or a work performed by a
variety or circus performer to the extent it is not otherwise considered a literary or artistic
work.
9. "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.
10. "Publicly Perform" means to perform public recitations of the Work and to communicate to the
public those public recitations, by any means or process, including by wire or wireless means or
public digital performances; to make available to the public Works in such a way that members of the
public may access these Works from a place and at a place individually chosen by them; to perform the
Work to the public by any means or process and the communication to the public of the performances of
the Work, including by public digital performance; to broadcast and rebroadcast the Work by any means
including signs, sounds or images.
11. "Reproduce" means to make copies of the Work by any means including without limitation by sound or
visual recordings and the right of fixation and reproducing fixations of the Work, including storage
of a protected performance or phonogram in digital form or other electronic medium.
2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit, or restrict any uses free
from copyright or rights arising from limitations or exceptions that are provided for in connection
with the copyright protection 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 Collections, and to Reproduce
the Work as incorporated in the Collections;
2. to create and Reproduce Adaptations provided that any such Adaptation, including any translation
in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that
changes were made to the original Work. For example, a translation could be marked "The original
work was translated from English to Spanish," or a modification could indicate "The original work
has been modified.";
3. to Distribute and Publicly Perform the Work including as incorporated in Collections; and,
4. to Distribute and Publicly Perform Adaptations.
5. For the avoidance of doubt:
1. Non-waivable Compulsory License Schemes. In those jurisdictions in which the right to
collect royalties through any statutory or compulsory licensing scheme cannot be waived,
the Licensor reserves the exclusive right to collect such royalties for any exercise by
You of the rights granted under this License;
2. Waivable Compulsory License Schemes. In those jurisdictions in which the right to collect
royalties through any statutory or compulsory licensing scheme can be waived, the Licensor
waives the exclusive right to collect such royalties for any exercise by You of the rights
granted under this License; and,
3. Voluntary License Schemes. The Licensor waives the right to collect royalties, whether
individually or, in the event that the Licensor is a member of a collecting society that
administers voluntary licensing schemes, via that society, from any exercise by You of the
rights granted under this License.
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. Subject to Section 8(f), 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 or Publicly Perform the Work only under the terms of this License. You must
include a copy of, or the Uniform Resource Identifier (URI) for, this License with every copy of the
Work You Distribute or Publicly Perform. You may not offer or impose any terms on the Work that
restrict the terms of this License or the ability of the recipient of the Work to exercise the
rights granted to that recipient under the terms of the License. You may not sublicense the Work.
You must keep intact all notices that refer to this License and to the disclaimer of warranties
with every copy of the Work You Distribute or Publicly Perform. When You Distribute or Publicly
Perform the Work, You may not impose any effective technological measures on the Work that
restrict the ability of a recipient of the Work from You to exercise the rights granted to
that recipient under the terms of the License. This Section 4(a) applies to the Work as
incorporated in a Collection, but this does not require the Collection apart from the Work
itself to be made subject to the terms of this License. If You create a Collection, upon
notice from any Licensor You must, to the extent practicable, remove from the Collection
any credit as required by Section 4(c), as requested. If You create an Adaptation, upon
notice from any Licensor You must, to the extent practicable, remove from the
Adaptation any credit as required by Section 4(c), as requested.
2. You may Distribute or Publicly Perform an Adaptation only under the terms of: (i) this License;
(ii) a later version of this License with the same License Elements as this License; (iii) a
Creative Commons jurisdiction license (either this or a later license version) that contains the
same License Elements as this License (e.g., Attribution-ShareAlike 3.0 US)); (iv) a Creative
Commons Compatible License. If you license the Adaptation under one of the licenses mentioned in
(iv), you must comply with the terms of that license. If you license the Adaptation under the
terms of any of the licenses mentioned in (i), (ii) or (iii) (the "Applicable License"), you
must comply with the terms of the Applicable License generally and the following provisions:
(I) You must include a copy of, or the URI for, the Applicable License with every copy of
each Adaptation You Distribute or Publicly Perform; (II) You may not offer or impose any
terms on the Adaptation that restrict the terms of the Applicable License or the ability
of the recipient of the Adaptation to exercise the rights granted to that recipient under
the terms of the Applicable License; (III) You must keep intact all notices that refer
to the Applicable License and to the disclaimer of warranties with every copy of the
Work as included in the Adaptation You Distribute or Publicly Perform; (IV) when You
Distribute or Publicly Perform the Adaptation, You may not impose any effective
technological measures on the Adaptation that restrict the ability of a recipient
of the Adaptation from You to exercise the rights granted to that recipient under
the terms of the Applicable License. This Section 4(b) applies to the Adaptation as
incorporated in a Collection, but this does not require the Collection apart from the
Adaptation itself to be made subject to the terms of the Applicable License.
3. If You Distribute, or Publicly Perform the Work or any Adaptations or Collections, You must,
unless a request has been made pursuant to Section 4(a), 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 if the Original Author and/or Licensor
designate another party or parties (e.g., a sponsor institute, publishing entity, journal) for
attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other
reasonable means, the name of such party or parties; (ii) the title of the Work if supplied; (iii)
to the extent reasonably practicable, the URI, 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 (iv) , consistent with Ssection 3(b), in the case of an Adaptation, a credit
identifying the use of the Work in the Adaptation (e.g., "French translation of the Work by
Original Author," or "Screenplay based on original Work by Original Author"). The credit required
by this Section 4(c) may be implemented in any reasonable manner; provided, however, that in the
case of a Adaptation or Collection, at a minimum such credit will appear, if a credit for all
contributing authors of the Adaptation or Collection appears, then as part of these credits and
in a manner at least as prominent as the credits for the other contributing authors. For the
avoidance of doubt, You may only use the credit required by this Section for the purpose of
attribution in the manner set out above and, by exercising Your rights under this License,
You may not implicitly or explicitly assert or imply any connection with, sponsorship or
endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of
You or Your use of the Work, without the separate, express prior written permission of the
Original Author, Licensor and/or Attribution Parties.
4. Except as otherwise agreed in writing by the Licensor or as may be otherwise permitted by
applicable law, if You Reproduce, Distribute or Publicly Perform the Work either by itself or as part
of any Adaptations or Collections, You must not distort, mutilate, modify or take other derogatory
action in relation to the Work which would be prejudicial to the Original Author's honor or
reputation. Licensor agrees that in those jurisdictions (e.g. Japan), in which any exercise of the
right granted in Section 3(b) of this License (the right to make Adaptations) would be deemed to be
a distortion, mutilation, modification or other derogatory action prejudicial to the Original
Author's honor and reputation, the Licensor will waive or not assert, as appropriate, this Section,
to the fullest extent permitted by the applicable national law, to enable You to reasonably exercise
Your right under Section 3(b) of this License (right to make Adaptations) but not otherwise.
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 Adaptations or Collections
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 Perform the Work or a Collection, 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 Perform an Adaptation, 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.
6. The rights granted under, and the subject matter referenced, in this License were drafted
utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works
(as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996,
the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as
revised on July 24, 1971). These rights and subject matter take effect in the relevant jurisdiction
in which the License terms are sought to be enforced according to the corresponding provisions of
the implementation of those treaty provisions in the applicable national law. If the standard suite
of rights granted under applicable copyright law includes additional rights not granted under this
License, such additional rights are deemed to be included in the License; this License is not
intended to restrict the license of any rights under applicable law.
|
Stumble It!
Bookmark in del.icio.us
Download
