File : Licenses
Creative Commons Attribution-ShareAlike 3.0 Unported
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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.
Creative Commons Notice
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without limitation any general, special, incidental or consequential damages
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