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Contents of /licenses/CC-BY-NC-ND-2.5

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Revision 1.1 - (show annotations) (download)
Thu Feb 7 20:31:49 2013 UTC (19 months, 1 week ago) by ulm
Branch: MAIN
CVS Tags: HEAD
Move Creative Commons licenses to shorter names.

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

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