| 1 |
Creative Commons Legal Code
|
| 2 |
|
| 3 |
Attribution-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 |
c. For the avoidance of doubt, where the work is a musical composition:
|
| 72 |
|
| 73 |
i. Performance Royalties Under Blanket Licenses. Licensor waives
|
| 74 |
the exclusive right to collect, whether individually or via a
|
| 75 |
performance rights society (e.g. ASCAP, BMI, SESAC), royalties
|
| 76 |
for the public performance or public digital performance (e.g.
|
| 77 |
webcast) of the Work.
|
| 78 |
ii. Mechanical Rights and Statutory Royalties. Licensor waives the
|
| 79 |
exclusive right to collect, whether individually or via a music
|
| 80 |
rights society or designated agent (e.g. Harry Fox Agency),
|
| 81 |
royalties for any phonorecord You create from the Work ("cover
|
| 82 |
version") and distribute, subject to the compulsory license
|
| 83 |
created by 17 USC Section 115 of the US Copyright Act (or the
|
| 84 |
equivalent in other jurisdictions).
|
| 85 |
|
| 86 |
d. Webcasting Rights and Statutory Royalties. For the avoidance of doubt,
|
| 87 |
where the Work is a sound recording, Licensor waives the exclusive
|
| 88 |
right to collect, whether individually or via a performance-rights
|
| 89 |
society (e.g. SoundExchange), royalties for the public digital
|
| 90 |
performance (e.g. webcast) of the Work, subject to the compulsory
|
| 91 |
license created by 17 USC Section 114 of the US Copyright Act (or the
|
| 92 |
equivalent in other jurisdictions).
|
| 93 |
|
| 94 |
The above rights may be exercised in all media and formats whether now
|
| 95 |
known or hereafter devised. The above rights include the right to make
|
| 96 |
such modifications as are technically necessary to exercise the rights in
|
| 97 |
other media and formats, but otherwise you have no rights to make
|
| 98 |
Derivative Works. All rights not expressly granted by Licensor are hereby
|
| 99 |
reserved.
|
| 100 |
|
| 101 |
4. Restrictions. The license granted in Section 3 above is expressly made
|
| 102 |
subject to and limited by the following restrictions:
|
| 103 |
|
| 104 |
a. You may distribute, publicly display, publicly perform, or publicly
|
| 105 |
digitally perform the Work only under the terms of this License, and
|
| 106 |
You must include a copy of, or the Uniform Resource Identifier for,
|
| 107 |
this License with every copy or phonorecord of the Work You
|
| 108 |
distribute, publicly display, publicly perform, or publicly digitally
|
| 109 |
perform. You may not offer or impose any terms on the Work that alter
|
| 110 |
or restrict the terms of this License or the recipients' exercise of
|
| 111 |
the rights granted hereunder. You may not sublicense the Work. You
|
| 112 |
must keep intact all notices that refer to this License and to the
|
| 113 |
disclaimer of warranties. You may not distribute, publicly display,
|
| 114 |
publicly perform, or publicly digitally perform the Work with any
|
| 115 |
technological measures that control access or use of the Work in a
|
| 116 |
manner inconsistent with the terms of this License Agreement. The
|
| 117 |
above applies to the Work as incorporated in a Collective Work, but
|
| 118 |
this does not require the Collective Work apart from the Work itself
|
| 119 |
to be made subject to the terms of this License. If You create a
|
| 120 |
Collective Work, upon notice from any Licensor You must, to the extent
|
| 121 |
practicable, remove from the Collective Work any credit as required by
|
| 122 |
clause 4(b), as requested.
|
| 123 |
b. If you distribute, publicly display, publicly perform, or publicly
|
| 124 |
digitally perform the Work or Collective Works, You must keep intact
|
| 125 |
all copyright notices for the Work and provide, reasonable to the
|
| 126 |
medium or means You are utilizing: (i) the name of the Original Author
|
| 127 |
(or pseudonym, if applicable) if supplied, and/or (ii) if the Original
|
| 128 |
Author and/or Licensor designate another party or parties (e.g. a
|
| 129 |
sponsor institute, publishing entity, journal) for attribution in
|
| 130 |
Licensor's copyright notice, terms of service or by other reasonable
|
| 131 |
means, the name of such party or parties; the title of the Work if
|
| 132 |
supplied; and to the extent reasonably practicable, the Uniform
|
| 133 |
Resource Identifier, if any, that Licensor specifies to be associated
|
| 134 |
with the Work, unless such URI does not refer to the copyright notice
|
| 135 |
or licensing information for the Work. Such credit may be implemented
|
| 136 |
in any reasonable manner; provided, however, that in the case of a
|
| 137 |
Collective Work, at a minimum such credit will appear where any other
|
| 138 |
comparable authorship credit appears and in a manner at least as
|
| 139 |
prominent as such other comparable authorship credit.
|
| 140 |
|
| 141 |
5. Representations, Warranties and Disclaimer
|
| 142 |
|
| 143 |
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
|
| 144 |
OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
|
| 145 |
KIND CONCERNING THE MATERIALS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
|
| 146 |
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
|
| 147 |
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
|
| 148 |
LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS,
|
| 149 |
WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
|
| 150 |
OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
|
| 151 |
|
| 152 |
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE
|
| 153 |
LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR
|
| 154 |
ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES
|
| 155 |
ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS
|
| 156 |
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
| 157 |
|
| 158 |
7. Termination
|
| 159 |
|
| 160 |
a. This License and the rights granted hereunder will terminate
|
| 161 |
automatically upon any breach by You of the terms of this License.
|
| 162 |
Individuals or entities who have received Collective Works from You
|
| 163 |
under this License, however, will not have their licenses terminated
|
| 164 |
provided such individuals or entities remain in full compliance with
|
| 165 |
those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any
|
| 166 |
termination of this License.
|
| 167 |
b. Subject to the above terms and conditions, the license granted here is
|
| 168 |
perpetual (for the duration of the applicable copyright in the Work).
|
| 169 |
Notwithstanding the above, Licensor reserves the right to release the
|
| 170 |
Work under different license terms or to stop distributing the Work at
|
| 171 |
any time; provided, however that any such election will not serve to
|
| 172 |
withdraw this License (or any other license that has been, or is
|
| 173 |
required to be, granted under the terms of this License), and this
|
| 174 |
License will continue in full force and effect unless terminated as
|
| 175 |
stated above.
|
| 176 |
|
| 177 |
8. Miscellaneous
|
| 178 |
|
| 179 |
a. Each time You distribute or publicly digitally perform the Work, the
|
| 180 |
Licensor offers to the recipient a license to the Work on the same
|
| 181 |
terms and conditions as the license granted to You under this License.
|
| 182 |
b. If any provision of this License is invalid or unenforceable under
|
| 183 |
applicable law, it shall not affect the validity or enforceability of
|
| 184 |
the remainder of the terms of this License, and without further action
|
| 185 |
by the parties to this agreement, such provision shall be reformed to
|
| 186 |
the minimum extent necessary to make such provision valid and
|
| 187 |
enforceable.
|
| 188 |
c. No term or provision of this License shall be deemed waived and no
|
| 189 |
breach consented to unless such waiver or consent shall be in writing
|
| 190 |
and signed by the party to be charged with such waiver or consent.
|
| 191 |
d. This License constitutes the entire agreement between the parties with
|
| 192 |
respect to the Work licensed here. There are no understandings,
|
| 193 |
agreements or representations with respect to the Work not specified
|
| 194 |
here. Licensor shall not be bound by any additional provisions that
|
| 195 |
may appear in any communication from You. This License may not be
|
| 196 |
modified without the mutual written agreement of the Licensor and You.
|
| 197 |
|
| 198 |
|
| 199 |
Creative Commons is not a party to this License, and makes no warranty
|
| 200 |
whatsoever in connection with the Work. Creative Commons will not be
|
| 201 |
liable to You or any party on any legal theory for any damages
|
| 202 |
whatsoever, including without limitation any general, special,
|
| 203 |
incidental or consequential damages arising in connection to this
|
| 204 |
license. Notwithstanding the foregoing two (2) sentences, if Creative
|
| 205 |
Commons has expressly identified itself as the Licensor hereunder, it
|
| 206 |
shall have all rights and obligations of Licensor.
|
| 207 |
|
| 208 |
Except for the limited purpose of indicating to the public that the
|
| 209 |
Work is licensed under the CCPL, neither party will use the trademark
|
| 210 |
"Creative Commons" or any related trademark or logo of Creative
|
| 211 |
Commons without the prior written consent of Creative Commons. Any
|
| 212 |
permitted use will be in compliance with Creative Commons'
|
| 213 |
then-current trademark usage guidelines, as may be published on its
|
| 214 |
website or otherwise made available upon request from time to time.
|
| 215 |
|
| 216 |
Creative Commons may be contacted at http://creativecommons.org/.
|