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Contents of /licenses/CC-BY-NC-ND-3.0

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1 Creative Commons Legal Code
2
3 Attribution-NonCommercial-NoDerivs 3.0 Unported
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
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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.
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19 BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE
20 TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY
21 BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS
22 CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND
23 CONDITIONS.
24
25 1. Definitions
26
27 a. "Adaptation" means a work based upon the Work, or upon the Work and
28 other pre-existing works, such as a translation, adaptation,
29 derivative work, arrangement of music or other alterations of a
30 literary or artistic work, or phonogram or performance and includes
31 cinematographic adaptations or any other form in which the Work may be
32 recast, transformed, or adapted including in any form recognizably
33 derived from the original, except that a work that constitutes a
34 Collection will not be considered an Adaptation for the purpose of
35 this License. For the avoidance of doubt, where the Work is a musical
36 work, performance or phonogram, the synchronization of the Work in
37 timed-relation with a moving image ("synching") will be considered an
38 Adaptation for the purpose of this License.
39 b. "Collection" means a collection of literary or artistic works, such as
40 encyclopedias and anthologies, or performances, phonograms or
41 broadcasts, or other works or subject matter other than works listed
42 in Section 1(f) below, which, by reason of the selection and
43 arrangement of their contents, constitute intellectual creations, in
44 which the Work is included in its entirety in unmodified form along
45 with one or more other contributions, each constituting separate and
46 independent works in themselves, which together are assembled into a
47 collective whole. A work that constitutes a Collection will not be
48 considered an Adaptation (as defined above) for the purposes of this
49 License.
50 c. "Distribute" means to make available to the public the original and
51 copies of the Work through sale or other transfer of ownership.
52 d. "Licensor" means the individual, individuals, entity or entities that
53 offer(s) the Work under the terms of this License.
54 e. "Original Author" means, in the case of a literary or artistic work,
55 the individual, individuals, entity or entities who created the Work
56 or if no individual or entity can be identified, the publisher; and in
57 addition (i) in the case of a performance the actors, singers,
58 musicians, dancers, and other persons who act, sing, deliver, declaim,
59 play in, interpret or otherwise perform literary or artistic works or
60 expressions of folklore; (ii) in the case of a phonogram the producer
61 being the person or legal entity who first fixes the sounds of a
62 performance or other sounds; and, (iii) in the case of broadcasts, the
63 organization that transmits the broadcast.
64 f. "Work" means the literary and/or artistic work offered under the terms
65 of this License including without limitation any production in the
66 literary, scientific and artistic domain, whatever may be the mode or
67 form of its expression including digital form, such as a book,
68 pamphlet and other writing; a lecture, address, sermon or other work
69 of the same nature; a dramatic or dramatico-musical work; a
70 choreographic work or entertainment in dumb show; a musical
71 composition with or without words; a cinematographic work to which are
72 assimilated works expressed by a process analogous to cinematography;
73 a work of drawing, painting, architecture, sculpture, engraving or
74 lithography; a photographic work to which are assimilated works
75 expressed by a process analogous to photography; a work of applied
76 art; an illustration, map, plan, sketch or three-dimensional work
77 relative to geography, topography, architecture or science; a
78 performance; a broadcast; a phonogram; a compilation of data to the
79 extent it is protected as a copyrightable work; or a work performed by
80 a variety or circus performer to the extent it is not otherwise
81 considered a literary or artistic work.
82 g. "You" means an individual or entity exercising rights under this
83 License who has not previously violated the terms of this License with
84 respect to the Work, or who has received express permission from the
85 Licensor to exercise rights under this License despite a previous
86 violation.
87 h. "Publicly Perform" means to perform public recitations of the Work and
88 to communicate to the public those public recitations, by any means or
89 process, including by wire or wireless means or public digital
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91 members of the public may access these Works from a place and at a
92 place individually chosen by them; to perform the Work to the public
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94 performances of the Work, including by public digital performance; to
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97 i. "Reproduce" means to make copies of the Work by any means including
98 without limitation by sound or visual recordings and the right of
99 fixation and reproducing fixations of the Work, including storage of a
100 protected performance or phonogram in digital form or other electronic
101 medium.
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103 2. Fair Dealing Rights. Nothing in this License is intended to reduce,
104 limit, or restrict any uses free from copyright or rights arising from
105 limitations or exceptions that are provided for in connection with the
106 copyright protection under copyright law or other applicable laws.
107
108 3. License Grant. Subject to the terms and conditions of this License,
109 Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
110 perpetual (for the duration of the applicable copyright) license to
111 exercise the rights in the Work as stated below:
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113 a. to Reproduce the Work, to incorporate the Work into one or more
114 Collections, and to Reproduce the Work as incorporated in the
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116 b. to Distribute and Publicly Perform the Work including as incorporated
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119 The above rights may be exercised in all media and formats whether now
120 known or hereafter devised. The above rights include the right to make
121 such modifications as are technically necessary to exercise the rights in
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123 Adaptations. Subject to 8(f), all rights not expressly granted by Licensor
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125 Section 4(d).
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127 4. Restrictions. The license granted in Section 3 above is expressly made
128 subject to and limited by the following restrictions:
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130 a. You may Distribute or Publicly Perform the Work only under the terms
131 of this License. You must include a copy of, or the Uniform Resource
132 Identifier (URI) for, this License with every copy of the Work You
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158 must, unless a request has been made pursuant to Section 4(a), keep
159 intact all copyright notices for the Work and provide, reasonable to
160 the medium or means You are utilizing: (i) the name of the Original
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170 The credit required by this Section 4(c) may be implemented in any
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183 Parties.
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199 licensing scheme; and,
200 iii. Voluntary License Schemes. The Licensor reserves the right to
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203 voluntary licensing schemes, via that society, from any exercise
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207 e. Except as otherwise agreed in writing by the Licensor or as may be
208 otherwise permitted by applicable law, if You Reproduce, Distribute or
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225 6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE
226 LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR
227 ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES
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231 7. Termination
232
233 a. This License and the rights granted hereunder will terminate
234 automatically upon any breach by You of the terms of this License.
235 Individuals or entities who have received Collections from You under
236 this License, however, will not have their licenses terminated
237 provided such individuals or entities remain in full compliance with
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239 termination of this License.
240 b. Subject to the above terms and conditions, the license granted here is
241 perpetual (for the duration of the applicable copyright in the Work).
242 Notwithstanding the above, Licensor reserves the right to release the
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244 any time; provided, however that any such election will not serve to
245 withdraw this License (or any other license that has been, or is
246 required to be, granted under the terms of this License), and this
247 License will continue in full force and effect unless terminated as
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250 8. Miscellaneous
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252 a. Each time You Distribute or Publicly Perform the Work or a Collection,
253 the Licensor offers to the recipient a license to the Work on the same
254 terms and conditions as the license granted to You under this License.
255 b. If any provision of this License is invalid or unenforceable under
256 applicable law, it shall not affect the validity or enforceability of
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261 c. No term or provision of this License shall be deemed waived and no
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270 e. The rights granted under, and the subject matter referenced, in this
271 License were drafted utilizing the terminology of the Berne Convention
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273 September 28, 1979), the Rome Convention of 1961, the WIPO Copyright
274 Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996
275 and the Universal Copyright Convention (as revised on July 24, 1971).
276 These rights and subject matter take effect in the relevant
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