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

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Revision 1.1 - (show annotations) (download)
Thu Feb 7 20:31:49 2013 UTC (17 months ago) by ulm
Branch: MAIN
CVS Tags: HEAD
Move Creative Commons licenses to shorter names.

1 Creative Commons Legal Code
2
3 Attribution-NonCommercial-ShareAlike 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 g. "License Elements" means the following high-level license attributes
55 as selected by Licensor and indicated in the title of this License:
56 Attribution, Noncommercial, ShareAlike.
57
58 2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
59 or restrict any rights arising from fair use, first sale or other
60 limitations on the exclusive rights of the copyright owner under copyright
61 law or other applicable laws.
62
63 3. License Grant. Subject to the terms and conditions of this License,
64 Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
65 perpetual (for the duration of the applicable copyright) license to
66 exercise the rights in the Work as stated below:
67
68 a. to reproduce the Work, to incorporate the Work into one or more
69 Collective Works, and to reproduce the Work as incorporated in the
70 Collective Works;
71 b. to create and reproduce Derivative Works;
72 c. to distribute copies or phonorecords of, display publicly, perform
73 publicly, and perform publicly by means of a digital audio
74 transmission the Work including as incorporated in Collective Works;
75 d. to distribute copies or phonorecords of, display publicly, perform
76 publicly, and perform publicly by means of a digital audio
77 transmission Derivative Works;
78
79 The above rights may be exercised in all media and formats whether now
80 known or hereafter devised. The above rights include the right to make
81 such modifications as are technically necessary to exercise the rights in
82 other media and formats. All rights not expressly granted by Licensor are
83 hereby reserved, including but not limited to the rights set forth in
84 Sections 4(e) and 4(f).
85
86 4. Restrictions. The license granted in Section 3 above is expressly made
87 subject to and limited by the following restrictions:
88
89 a. You may distribute, publicly display, publicly perform, or publicly
90 digitally perform the Work only under the terms of this License, and
91 You must include a copy of, or the Uniform Resource Identifier for,
92 this License with every copy or phonorecord of the Work You
93 distribute, publicly display, publicly perform, or publicly digitally
94 perform. You may not offer or impose any terms on the Work that alter
95 or restrict the terms of this License or the recipients' exercise of
96 the rights granted hereunder. You may not sublicense the Work. You
97 must keep intact all notices that refer to this License and to the
98 disclaimer of warranties. You may not distribute, publicly display,
99 publicly perform, or publicly digitally perform the Work with any
100 technological measures that control access or use of the Work in a
101 manner inconsistent with the terms of this License Agreement. The
102 above applies to the Work as incorporated in a Collective Work, but
103 this does not require the Collective Work apart from the Work itself
104 to be made subject to the terms of this License. If You create a
105 Collective Work, upon notice from any Licensor You must, to the extent
106 practicable, remove from the Collective Work any credit as required by
107 clause 4(d), as requested. If You create a Derivative Work, upon
108 notice from any Licensor You must, to the extent practicable, remove
109 from the Derivative Work any credit as required by clause 4(d), as
110 requested.
111 b. You may distribute, publicly display, publicly perform, or publicly
112 digitally perform a Derivative Work only under the terms of this
113 License, a later version of this License with the same License
114 Elements as this License, or a Creative Commons iCommons license that
115 contains the same License Elements as this License (e.g. Attribution-
116 NonCommercial-ShareAlike 2.5 Japan). You must include a copy of, or
117 the Uniform Resource Identifier for, this License or other license
118 specified in the previous sentence with every copy or phonorecord of
119 each Derivative Work You distribute, publicly display, publicly
120 perform, or publicly digitally perform. You may not offer or impose
121 any terms on the Derivative Works that alter or restrict the terms of
122 this License or the recipients' exercise of the rights granted
123 hereunder, and You must keep intact all notices that refer to this
124 License and to the disclaimer of warranties. You may not distribute,
125 publicly display, publicly perform, or publicly digitally perform the
126 Derivative Work with any technological measures that control access or
127 use of the Work in a manner inconsistent with the terms of this
128 License Agreement. The above applies to the Derivative Work as
129 incorporated in a Collective Work, but this does not require the
130 Collective Work apart from the Derivative Work itself to be made
131 subject to the terms of this License.
132 c. You may not exercise any of the rights granted to You in Section 3
133 above in any manner that is primarily intended for or directed toward
134 commercial advantage or private monetary compensation. The exchange of
135 the Work for other copyrighted works by means of digital file- sharing
136 or otherwise shall not be considered to be intended for or directed
137 toward commercial advantage or private monetary compensation, provided
138 there is no payment of any monetary compensation in connection with
139 the exchange of copyrighted works.
140 d. If you distribute, publicly display, publicly perform, or publicly
141 digitally perform the Work or any Derivative Works or Collective
142 Works, You must keep intact all copyright notices for the Work and
143 provide, reasonable to the medium or means You are utilizing: (i) the
144 name of the Original Author (or pseudonym, if applicable) if supplied,
145 and/or (ii) if the Original Author and/or Licensor designate another
146 party or parties (e.g. a sponsor institute, publishing entity,
147 journal) for attribution in Licensor's copyright notice, terms of
148 service or by other reasonable means, the name of such party or
149 parties; the title of the Work if supplied; to the extent reasonably
150 practicable, the Uniform Resource Identifier, if any, that Licensor
151 specifies to be associated with the Work, unless such URI does not
152 refer to the copyright notice or licensing information for the Work;
153 and in the case of a Derivative Work, a credit identifying the use of
154 the Work in the Derivative Work (e.g., "French translation of the Work
155 by Original Author," or "Screenplay based on original Work by Original
156 Author"). Such credit may be implemented in any reasonable manner;
157 provided, however, that in the case of a Derivative Work or Collective
158 Work, at a minimum such credit will appear where any other comparable
159 authorship credit appears and in a manner at least as prominent as
160 such other comparable authorship credit.
161 e. For the avoidance of doubt, where the Work is a musical composition:
162
163 i. Performance Royalties Under Blanket Licenses. Licensor reserves
164 the exclusive right to collect, whether individually or via a
165 performance rights society (e.g. ASCAP, BMI, SESAC), royalties
166 for the public performance or public digital performance (e.g.
167 webcast) of the Work if that performance is primarily intended
168 for or directed toward commercial advantage or private monetary
169 compensation.
170 ii. Mechanical Rights and Statutory Royalties. Licensor reserves the
171 exclusive right to collect, whether individually or via a music
172 rights agency or designated agent (e.g. Harry Fox Agency),
173 royalties for any phonorecord You create from the Work ("cover
174 version") and distribute, subject to the compulsory license
175 created by 17 USC Section 115 of the US Copyright Act (or the
176 equivalent in other jurisdictions), if Your distribution of such
177 cover version is primarily intended for or directed toward
178 commercial advantage or private monetary compensation.
179
180 f. Webcasting Rights and Statutory Royalties. For the avoidance of doubt,
181 where the Work is a sound recording, Licensor reserves the exclusive
182 right to collect, whether individually or via a performance-rights
183 society (e.g. SoundExchange), royalties for the public digital
184 performance (e.g. webcast) of the Work, subject to the compulsory
185 license created by 17 USC Section 114 of the US Copyright Act (or the
186 equivalent in other jurisdictions), if Your public digital performance
187 is primarily intended for or directed toward commercial advantage or
188 private monetary compensation.
189
190 5. Representations, Warranties and Disclaimer
191
192 UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
193 OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
194 KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
195 INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
196 FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
197 LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS,
198 WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
199 OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
200
201 6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE
202 LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR
203 ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES
204 ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS
205 BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
206
207 7. Termination
208
209 a. This License and the rights granted hereunder will terminate
210 automatically upon any breach by You of the terms of this License.
211 Individuals or entities who have received Derivative Works or
212 Collective Works from You under this License, however, will not have
213 their licenses terminated provided such individuals or entities remain
214 in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8
215 will survive any termination of this License.
216 b. Subject to the above terms and conditions, the license granted here is
217 perpetual (for the duration of the applicable copyright in the Work).
218 Notwithstanding the above, Licensor reserves the right to release the
219 Work under different license terms or to stop distributing the Work at
220 any time; provided, however that any such election will not serve to
221 withdraw this License (or any other license that has been, or is
222 required to be, granted under the terms of this License), and this
223 License will continue in full force and effect unless terminated as
224 stated above.
225
226 8. Miscellaneous
227
228 a. Each time You distribute or publicly digitally perform the Work or a
229 Collective Work, the Licensor offers to the recipient a license to the
230 Work on the same terms and conditions as the license granted to You
231 under this License.
232 b. Each time You distribute or publicly digitally perform a Derivative
233 Work, Licensor offers to the recipient a license to the original Work
234 on the same terms and conditions as the license granted to You under
235 this License.
236 c. If any provision of this License is invalid or unenforceable under
237 applicable law, it shall not affect the validity or enforceability of
238 the remainder of the terms of this License, and without further action
239 by the parties to this agreement, such provision shall be reformed to
240 the minimum extent necessary to make such provision valid and
241 enforceable.
242 d. No term or provision of this License shall be deemed waived and no
243 breach consented to unless such waiver or consent shall be in writing
244 and signed by the party to be charged with such waiver or consent.
245 e. This License constitutes the entire agreement between the parties with
246 respect to the Work licensed here. There are no understandings,
247 agreements or representations with respect to the Work not specified
248 here. Licensor shall not be bound by any additional provisions that
249 may appear in any communication from You. This License may not be
250 modified without the mutual written agreement of the Licensor and You.
251
252
253 Creative Commons is not a party to this License, and makes no warranty
254 whatsoever in connection with the Work. Creative Commons will not be
255 liable to You or any party on any legal theory for any damages
256 whatsoever, including without limitation any general, special,
257 incidental or consequential damages arising in connection to this
258 license. Notwithstanding the foregoing two (2) sentences, if Creative
259 Commons has expressly identified itself as the Licensor hereunder, it
260 shall have all rights and obligations of Licensor.
261
262 Except for the limited purpose of indicating to the public that the
263 Work is licensed under the CCPL, neither party will use the trademark
264 "Creative Commons" or any related trademark or logo of Creative
265 Commons without the prior written consent of Creative Commons. Any
266 permitted use will be in compliance with Creative Commons'
267 then-current trademark usage guidelines, as may be published on its
268 website or otherwise made available upon request from time to time.
269
270 Creative Commons may be contacted at http://creativecommons.org/.

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