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CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS
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1. Definitions
a. "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.
b. "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.
c. "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.
d. "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.
e. "License Elements" means the following high-level license
attributes as selected by Licensor and indicated in the title of this
License: Attribution, ShareAlike.
f. "Licensor" means the individual, individuals, entity or entities
that offer(s) the Work under the terms of this License.
g. "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.
h. "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.
i. "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.
j. "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.
k. "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:
a. to Reproduce the Work, to incorporate the Work into one or more
Collections, and to Reproduce the Work as incorporated in the
Collections;
b. 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.";
c. to Distribute and Publicly Perform the Work including as
incorporated in Collections; and,
d. to Distribute and Publicly Perform Adaptations.
e. For the avoidance of doubt:
i. 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;
ii. 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,
iii. 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:
a. 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.
b. 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.
c. 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.
d. 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
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 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.
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 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.
b. 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.
c. If any provision of this License is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this License, and without further action
by the parties to this agreement, such provision shall be reformed to
the minimum extent necessary to make such provision valid and
enforceable.
d. No term or provision of this License shall be deemed waived and no
breach consented to unless such waiver or consent shall be in writing
and signed by the party to be charged with such waiver or consent.
e. This License constitutes the entire agreement between the parties
with respect to the Work licensed here. There are no understandings,
agreements or representations with respect to the Work not spe bound by
any additional provisions that may appear in any coml written agreement
of the Licensor and You.
f. The rights graferenced, in this License were drafted utilizing the
terminologistic Works (as amended on September 28, 1979), the Rome
Convenaty of 1996, the WIPO Performances and Phonograms Treaty of
199ion (as revised on July 24, 1971). These rights and subject mate
sought to be enforced according to the corresponding provisio
provisions in the applicable national law. If the standard suiight law
includes additional rights not granted under this Licerights are deemed
to be included in the License; this License is not intended to restrict
the license of any rights under applicable law.