1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
|
Creative_Commons
Creative Commons Legal Code
Attribution-ShareAlike 2.5
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT
RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS.
CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND
DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
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. THE LICENSOR GRANTS YOU THE RIGHTS
CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND
CONDITIONS.
1. Definitions
a. "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 a number of 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.
b. "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.
c. "Licensor" means the individual or entity that offers the Work under the
terms of this License.
d. "Original Author" means the individual or entity who created the Work.
e. "Work" means the copyrightable work of authorship offered under the terms
of this License.
f. "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.
g. "License Elements" means the following high-level license attributes as
selected by Licensor and indicated in the title of this License:
Attribution, 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:
a. 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;
b. to create and reproduce Derivative Works;
c. 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;
d. to distribute copies or phonorecords of, display publicly, perform
publicly, and perform publicly by means of a digital audio transmission
Derivative Works.
e. For the avoidance of doubt, where the work is a musical composition:
i. Performance Royalties Under Blanket Licenses. Licensor waives the
exclusive right to collect, whether individually or via a performance
rights society (e.g. ASCAP, BMI, SESAC), royalties for the public
performance or public digital performance (e.g. webcast) of the Work.
ii. Mechanical Rights and Statutory Royalties. Licensor waives the
exclusive right to collect, whether individually or via a music
rights society 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).
f. Webcasting Rights and Statutory Royalties. For the avoidance of doubt,
where the Work is a sound recording, Licensor waives 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).
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.
4. Restrictions.The license granted in Section 3 above is expressly made
subject to and limited by the following restrictions:
a. 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 alter or restrict the terms
of this License or the recipients' exercise of the rights granted
hereunder. You may not sublicense the Work. You must keep intact all
notices that refer to this License and to the disclaimer of warranties.
You may not distribute, publicly display, publicly perform, or publicly
digitally perform the Work with any technological measures that control
access or use of the Work in a manner inconsistent with the terms of this
License Agreement. The above 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 clause 4(c), 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 clause 4(c), as requested.
b. You may distribute, publicly display, publicly perform, or publicly
digitally perform a Derivative Work only under the terms of this License,
a later version of this License with the same License Elements as this
License, or a Creative Commons iCommons license that contains the same
License Elements as this License (e.g. Attribution-ShareAlike 2.5 Japan).
You must include a copy of, or the Uniform Resource Identifier for, this
License or other license specified in the previous sentence 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 alter or restrict
the terms of this License or the recipients' exercise of the rights
granted hereunder, and You must keep intact all notices that refer to this
License and to the disclaimer of warranties. You may not distribute,
publicly display, publicly perform, or publicly digitally perform the
Derivative Work with any technological measures that control access or use
of the Work in a manner inconsistent with the terms of this License
Agreement. The above 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 this
License.
c. If you distribute, publicly display, publicly perform, or publicly
digitally perform the Work or any Derivative Works or Collective Works,
You must 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 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 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"). Such credit 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 where any
other comparable authorship credit appears and in a manner at least as
prominent as such other comparable authorship credit.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK
AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE
MATERIALS, 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 Derivative Works or Collective Works 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 digitally perform the Work or a
Collective Work, 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 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.
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 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.
Creative Commons is not a party to this License, and makes no warranty
whatsoever in connection with the Work. Creative Commons will not be liable to
You or any party on any legal theory for any damages whatsoever, including
without limitation any general, special, incidental or consequential damages
arising in connection to this license. Notwithstanding the foregoing two (2)
sentences, if Creative Commons has expressly identified itself as the Licensor
hereunder, it shall have all rights and obligations of Licensor.
Except for the limited purpose of indicating to the public that the Work is
licensed under the CCPL, neither party will use the trademark "Creative
Commons" or any related trademark or logo of Creative Commons without the prior
written consent of Creative Commons. Any permitted use will be in compliance
with Creative Commons' then-current trademark usage guidelines, as may be
published on its website or otherwise made available upon request from time to
time.
Creative Commons may be contacted at http://creativecommons.org/.
|
