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LICENSE
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Creative Commons Attribution-Noncommercial-Share Alike 3.0 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
"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 one or more 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. "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. "Licensor" means the
individual, individuals, entity or entities that offer(s) the Work
under the terms of this License. "Original Author" means the
individual, individuals, entity or entities who created the Work.
"Work" means the copyrightable work of authorship offered under the
terms of this License. "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. "License Elements" means the following
high-level license attributes as selected by Licensor and indicated in
the title of this License: Attribution, Noncommercial, ShareAlike.
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:
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; to create and reproduce Derivative Works provided
that any such Derivative Work, 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."; 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; to distribute copies or
phonorecords of, display publicly, perform publicly, and perform
publicly by means of a digital audio transmission Derivative 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. All rights not expressly granted by
Licensor are hereby reserved, including but not limited to the rights
set forth in Sections 4(e) and 4(f).
4. Restrictions. The license granted in Section 3 above is expressly
made subject to and limited by the following restrictions:
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
restrict the terms of this License or the ability of a 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. When You distribute, publicly display, publicly perform,
or publicly digitally perform the Work, You may not impose any
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 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 Section
4(d), as requested. If You create a Derivative Work, upon notice from
any Licensor You must, to the extent practicable, remove from the
Derivative Work any credit as required by Section 4(d), as requested.
You may distribute, publicly display, publicly perform, or publicly
digitally perform a Derivative Work only under: (i) the terms of this
License; (ii) a later version of this License with the same License
Elements as this License; or, (iii) either the unported Creative
Commons license or a Creative Commons license for another jurisdiction
(either this or a later license version) that contains the same
License Elements as this License
(e.g. Attribution-NonCommercial-ShareAlike 3.0 (Unported)) ("the
Applicable License"). You must include a copy of, or the Uniform
Resource Identifier for, the Applicable License with every copy or
phonorecord of each Derivative Work You distribute, publicly display,
publicly perform, or publicly digitally perform. You may not offer or
impose any terms on the Derivative Works that restrict the terms of
the Applicable License or the ability of a recipient of the Work to
exercise the rights granted to that recipient under the terms of the
Applicable License. You must keep intact all notices that refer to the
Applicable License and to the disclaimer of warranties. When You
distribute, publicly display, publicly perform, or publicly digitally
perform the Derivative Work, You may not impose any technological
measures on the Derivative Work that restrict the ability of a
recipient of the Derivative Work from You to exercise the rights
granted to that recipient under the terms of the Applicable
License. This Section 4(b) applies to the Derivative Work as
incorporated in a Collective Work, but this does not require the
Collective Work apart from the Derivative Work itself to be made
subject to the terms of the Applicable License. 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. If You distribute, publicly display, publicly
perform, or publicly digitally perform the Work (as defined in Section
1 above) or any Derivative Works (as defined in Section 1 above) or
Collective Works (as defined in Section 1 above), 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 (ii) 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; the title of the Work if supplied; 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;
and, consistent with Section 3(b) in the case of a Derivative Work, a
credit identifying the use of the Work in the Derivative Work (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(d) may be implemented in any reasonable manner;
provided, however, that in the case of a Derivative Work or Collective
Work, at a minimum such credit will appear, if a credit for all
contributing authors of the Derivative Work or Collective Work
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. For the avoidance of
doubt, where the Work is a musical composition:
Performance Royalties Under Blanket Licenses. Licensor reserves the
exclusive right to collect whether individually or, in the event that
Licensor is a member of a performance rights society (e.g. ASCAP, BMI,
SESAC), via that society, 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. 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. 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 TO BY THE PARTIES IN WRITING,
LICENSOR OFFERS THE WORK AS-IS AND ONLY TO THE EXTENT OF ANY RIGHTS
HELD IN THE LICENSED WORK BY THE LICENSOR. THE LICENSOR MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK,
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF TITLE, MARKETABILITY, 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
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 Derivative Works
(as defined in Section 1 above) or Collective Works (as defined in
Section 1 above) 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. 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
Each time You distribute or publicly digitally perform the Work (as
defined in Section 1 above) or a Collective Work (as defined in
Section 1 above), 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. Each time You distribute or publicly
digitally perform a Derivative Work, 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. 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. 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. 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.