1 | Creative Commons Legal Code Attribution-ShareAlike 2.5 |
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2 | |
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3 | CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE |
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4 | LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN |
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5 | ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS |
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6 | INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES |
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7 | REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR |
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8 | DAMAGES RESULTING FROM ITS USE. |
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9 | |
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10 | License |
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11 | |
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12 | THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS |
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13 | CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS |
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14 | PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE |
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15 | WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW |
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16 | IS PROHIBITED. |
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17 | |
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18 | BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND |
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19 | AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU |
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20 | THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH |
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21 | TERMS AND CONDITIONS. |
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22 | |
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23 | 1. Definitions |
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24 | |
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25 | 1. "Collective Work" means a work, such as a periodical issue, |
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26 | anthology or encyclopedia, in which the Work in its entirety in |
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27 | unmodified form, along with a number of other contributions, |
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28 | constituting separate and independent works in themselves, are |
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29 | assembled into a collective whole. A work that constitutes a |
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30 | Collective Work will not be considered a Derivative Work |
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31 | (as defined below) for the purposes of this License. |
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32 | 2. "Derivative Work" means a work based upon the Work or upon the |
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33 | Work and other pre-existing works, such as a translation, musical |
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34 | arrangement, dramatization, fictionalization, motion picture |
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35 | version, sound recording, art reproduction, abridgment, |
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36 | condensation, or any other form in which the Work may be recast, |
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37 | transformed, or adapted, except that a work that constitutes a |
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38 | Collective Work will not be considered a Derivative Work for the |
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39 | purpose of this License. For the avoidance of doubt, where the Work |
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40 | is a musical composition or sound recording, the synchronization of |
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41 | the Work in timed-relation with a moving image ("synching") will be |
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42 | considered a Derivative Work for the purpose of this License. |
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43 | 3. "Licensor" means the individual or entity that offers the Work |
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44 | under the terms of this License. |
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45 | 4. "Original Author" means the individual or entity who created the |
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46 | Work. |
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47 | 5. "Work" means the copyrightable work of authorship offered under |
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48 | the terms of this License. |
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49 | 6. "You" means an individual or entity exercising rights under this |
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50 | License who has not previously violated the terms of this License |
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51 | with respect to the Work, or who has received express permission |
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52 | from the Licensor to exercise rights under this License despite a |
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53 | previous violation. |
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54 | 7. "License Elements" means the following high-level license |
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55 | attributes as selected by Licensor and indicated in the title of |
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56 | this License: Attribution, ShareAlike. |
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57 | |
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58 | 2. Fair Use Rights. Nothing in this license is intended to reduce, |
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59 | limit, or restrict any rights arising from fair use, first sale or |
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60 | other limitations on the exclusive rights of the copyright owner under |
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61 | copyright law or other applicable laws. |
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62 | |
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63 | 3. License Grant. Subject to the terms and conditions of this License, |
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64 | Licensor hereby grants You a worldwide, royalty-free, non-exclusive, |
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65 | perpetual (for the duration of the applicable copyright) license to |
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66 | exercise the rights in the Work as stated below: |
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67 | |
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68 | 1. to reproduce the Work, to incorporate the Work into one or more |
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69 | Collective Works, and to reproduce the Work as incorporated in the |
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70 | Collective Works; |
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71 | 2. to create and reproduce Derivative Works; |
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72 | 3. to distribute copies or phonorecords of, display publicly, |
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73 | perform publicly, and perform publicly by means of a digital audio |
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74 | transmission the Work including as incorporated in Collective Works; |
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75 | 4. to distribute copies or phonorecords of, display publicly, |
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76 | perform publicly, and perform publicly by means of a digital audio |
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77 | transmission Derivative Works. |
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78 | 5. |
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79 | |
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80 | For the avoidance of doubt, where the work is a musical |
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81 | composition: |
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82 | 1. Performance Royalties Under Blanket Licenses. Licensor |
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83 | waives the exclusive right to collect, whether individually |
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84 | or via a performance rights society (e.g. ASCAP, BMI, SESAC), |
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85 | royalties for the public performance or public digital |
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86 | performance (e.g. webcast) of the Work. |
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87 | 2. Mechanical Rights and Statutory Royalties. Licensor waives |
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88 | the exclusive right to collect, whether individually or via a |
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89 | music rights society or designated agent (e.g. Harry Fox |
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90 | Agency), royalties for any phonorecord You create from the |
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91 | Work ("cover version") and distribute, subject to the |
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92 | compulsory license created by 17 USC Section 115 of the US |
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93 | Copyright Act (or the equivalent in other jurisdictions). |
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94 | 6. Webcasting Rights and Statutory Royalties. For the avoidance of |
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95 | doubt, where the Work is a sound recording, Licensor waives the |
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96 | exclusive right to collect, whether individually or via a |
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97 | performance-rights society (e.g. SoundExchange), royalties for the |
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98 | public digital performance (e.g. webcast) of the Work, subject to |
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99 | the compulsory license created by 17 USC Section 114 of the US |
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100 | Copyright Act (or the equivalent in other jurisdictions). |
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101 | |
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102 | The above rights may be exercised in all media and formats whether now |
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103 | known or hereafter devised. The above rights include the right to make |
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104 | such modifications as are technically necessary to exercise the rights |
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105 | in other media and formats. All rights not expressly granted by |
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106 | Licensor are hereby reserved. |
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107 | |
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108 | 4. Restrictions.The license granted in Section 3 above is expressly |
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109 | made subject to and limited by the following restrictions: |
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110 | |
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111 | 1. You may distribute, publicly display, publicly perform, or |
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112 | publicly digitally perform the Work only under the terms of this |
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113 | License, and You must include a copy of, or the Uniform Resource |
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114 | Identifier for, this License with every copy or phonorecord of the |
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115 | Work You distribute, publicly display, publicly perform, or publicly |
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116 | digitally perform. You may not offer or impose any terms on the Work |
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117 | that alter or restrict the terms of this License or the recipients' |
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118 | exercise of the rights granted hereunder. You may not sublicense the |
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119 | Work. You must keep intact all notices that refer to this License |
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120 | and to the disclaimer of warranties. You may not distribute, |
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121 | publicly display, publicly perform, or publicly digitally perform |
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122 | the Work with any technological measures that control access or use |
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123 | of the Work in a manner inconsistent with the terms of this License |
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124 | Agreement. The above applies to the Work as incorporated in a |
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125 | Collective Work, but this does not require the Collective Work apart |
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126 | from the Work itself to be made subject to the terms of this |
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127 | License. If You create a Collective Work, upon notice from any |
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128 | Licensor You must, to the extent practicable, remove from the |
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129 | Collective Work any credit as required by clause 4(c), as requested. |
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130 | If You create a Derivative Work, upon notice from any Licensor You |
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131 | must, to the extent practicable, remove from the Derivative Work |
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132 | any credit as required by clause 4(c), as requested. |
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133 | 2. You may distribute, publicly display, publicly perform, or |
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134 | publicly digitally perform a Derivative Work only under the terms |
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135 | of this License, a later version of this License with the same |
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136 | License Elements as this License, or a Creative Commons iCommons |
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137 | license that contains the same License Elements as this License |
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138 | (e.g. Attribution-ShareAlike 2.5 Japan). You must include a copy of, |
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139 | or the Uniform Resource Identifier for, this License or other |
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140 | license specified in the previous sentence with every copy or |
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141 | phonorecord of each Derivative Work You distribute, publicly |
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142 | display, publicly perform, or publicly digitally perform. You may |
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143 | not offer or impose any terms on the Derivative Works that alter or |
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144 | restrict the terms of this License or the recipients' exercise of |
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145 | the rights granted hereunder, and You must keep intact all notices |
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146 | that refer to this License and to the disclaimer of warranties. |
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147 | You may not distribute, publicly display, publicly perform, or |
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148 | publicly digitally perform the Derivative Work with any |
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149 | technological measures that control access or use of the Work in a |
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150 | manner inconsistent with the terms of this License Agreement. |
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151 | The above applies to the Derivative Work as incorporated in a |
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152 | Collective Work, but this does not require the Collective Work |
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153 | apart from the Derivative Work itself to be made subject to the |
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154 | terms of this License. |
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155 | 3. If you distribute, publicly display, publicly perform, or |
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156 | publicly digitally perform the Work or any Derivative Works or |
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157 | Collective Works, You must keep intact all copyright notices for |
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158 | the Work and provide, reasonable to the medium or means You are |
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159 | utilizing: (i) the name of the Original Author (or pseudonym, if |
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160 | applicable) if supplied, and/or (ii) if the Original Author and/or |
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161 | Licensor designate another party or parties (e.g. a sponsor |
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162 | institute, publishing entity, journal) for attribution in Licensor's |
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163 | copyright notice, terms of service or by other reasonable means, the |
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164 | name of such party or parties; the title of the Work if supplied; to |
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165 | the extent reasonably practicable, the Uniform Resource Identifier, |
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166 | if any, that Licensor specifies to be associated with the Work, |
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167 | unless such URI does not refer to the copyright notice or licensing |
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168 | information for the Work; and in the case of a Derivative Work, a |
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169 | credit identifying the use of the Work in the Derivative Work (e.g., |
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170 | "French translation of the Work by Original Author," or "Screenplay |
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171 | based on original Work by Original Author"). Such credit may be |
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172 | implemented in any reasonable manner; provided, however, that in the |
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173 | case of a Derivative Work or Collective Work, at a minimum such |
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174 | credit will appear where any other comparable authorship credit |
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175 | appears and in a manner at least as prominent as such other |
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176 | comparable authorship credit. |
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177 | |
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178 | 5. Representations, Warranties and Disclaimer |
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179 | |
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180 | UNLESS OTHERWISE AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS |
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181 | THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND |
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182 | CONCERNING THE MATERIALS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, |
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183 | INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, |
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184 | FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF |
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185 | LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF |
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186 | ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW |
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187 | THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY |
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188 | TO YOU. |
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189 | |
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190 | 6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE |
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191 | LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR |
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192 | ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES |
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193 | ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR |
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194 | HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
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195 | |
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196 | 7. Termination |
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197 | |
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198 | 1. This License and the rights granted hereunder will terminate |
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199 | automatically upon any breach by You of the terms of this License. |
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200 | Individuals or entities who have received Derivative Works or |
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201 | Collective Works from You under this License, however, will not have |
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202 | their licenses terminated provided such individuals or entities |
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203 | remain in full compliance with those licenses. Sections 1, 2, 5, 6, |
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204 | 7, and 8 will survive any termination of this License. |
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205 | 2. Subject to the above terms and conditions, the license granted |
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206 | here is perpetual (for the duration of the applicable copyright in |
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207 | the Work). Notwithstanding the above, Licensor reserves the right to |
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208 | release the Work under different license terms or to stop |
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209 | distributing the Work at any time; provided, however that any such |
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210 | election will not serve to withdraw this License (or any other |
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211 | license that has been, or is required to be, granted under the terms |
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212 | of this License), and this License will continue in full force and |
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213 | effect unless terminated as stated above. |
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214 | |
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215 | 8. Miscellaneous |
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216 | |
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217 | 1. Each time You distribute or publicly digitally perform the Work |
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218 | or a Collective Work, the Licensor offers to the recipient a license |
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219 | to the Work on the same terms and conditions as the license granted |
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220 | to You under this License. |
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221 | 2. Each time You distribute or publicly digitally perform a |
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222 | Derivative Work, Licensor offers to the recipient a license to the |
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223 | original Work on the same terms and conditions as the license |
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224 | granted to You under this License. |
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225 | 3. If any provision of this License is invalid or unenforceable under |
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226 | applicable law, it shall not affect the validity or enforceability of |
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227 | the remainder of the terms of this License, and without further |
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228 | action by the parties to this agreement, such provision shall be |
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229 | reformed to the minimum extent necessary to make such provision |
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230 | valid and enforceable. |
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231 | 4. No term or provision of this License shall be deemed waived and |
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232 | no breach consented to unless such waiver or consent shall be in |
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233 | writing and signed by the party to be charged with such waiver or |
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234 | consent. |
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235 | 5. This License constitutes the entire agreement between the parties |
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236 | with respect to the Work licensed here. There are no understandings, |
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237 | agreements or representations with respect to the Work not specified |
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238 | here. Licensor shall not be bound by any additional provisions that |
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239 | may appear in any communication from You. This License may not be |
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240 | modified without the mutual written agreement of the Licensor and |
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241 | You. |
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242 | |
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243 | Creative Commons is not a party to this License, and makes no warranty |
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244 | whatsoever in connection with the Work. Creative Commons will not be |
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245 | liable to You or any party on any legal theory for any damages |
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246 | whatsoever, including without limitation any general, special, |
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247 | incidental or consequential damages arising in connection to this |
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248 | license. Notwithstanding the foregoing two (2) sentences, if Creative |
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249 | Commons has expressly identified itself as the Licensor hereunder, |
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250 | it shall have all rights and obligations of Licensor. |
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251 | |
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252 | Except for the limited purpose of indicating to the public that the |
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253 | Work is licensed under the CCPL, neither party will use the trademark |
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254 | "Creative Commons" or any related trademark or logo of Creative Commons |
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255 | without the prior written consent of Creative Commons. Any permitted |
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256 | use will be in compliance with Creative Commons' then-current trademark |
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257 | usage guidelines, as may be published on its website or otherwise made |
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258 | available upon request from time to time. |
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259 | |
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260 | Creative Commons may be contacted at http://creativecommons.org/ |
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