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Adding CCPL-Attribution-3.0

1 Creative Commons Attribution 3.0 License Agreement
2
3 CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN
4 ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE
5 INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
6
7 License
8
9 THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
10 COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
11
12 BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE
13 CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
14
15 1. Definitions
16
17 a. "Adaptation" means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work,
18 arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any
19 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
20 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
21 musical work, performance or phonogram, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered an
22 Adaptation for the purpose of this License.
23 b. "Collection" means a collection of literary or artistic works, such as encyclopedias and anthologies, or performances, phonograms or broadcasts,
24 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,
25 constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each
26 constituting separate and independent works in themselves, which together are assembled into a collective whole. A work that constitutes a Collection
27 will not be considered an Adaptation (as defined above) for the purposes of this License.
28 c. "Distribute" means to make available to the public the original and copies of the Work or Adaptation, as appropriate, through sale or other
29 transfer of ownership.
30 d. "Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this License.
31 e. "Original Author" means, in the case of a literary or artistic work, the individual, individuals, entity or entities who created the Work or if
32 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
33 other persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary or artistic works or expressions of folklore; (ii) in
34 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
35 case of broadcasts, the organization that transmits the broadcast.
36 f. "Work" means the literary and/or artistic work offered under the terms of this License including without limitation any production in the
37 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
38 writing; a lecture, address, sermon or other work of the same nature; a dramatic or dramatico-musical work; a choreographic work or entertainment in
39 dumb show; a musical composition with or without words; a cinematographic work to which are assimilated works expressed by a process analogous to
40 cinematography; a work of drawing, painting, architecture, sculpture, engraving or lithography; a photographic work to which are assimilated works
41 expressed by a process analogous to photography; a work of applied art; an illustration, map, plan, sketch or three-dimensional work relative to
42 geography, topography, architecture or science; a performance; a broadcast; a phonogram; a compilation of data to the extent it is protected as a
43 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.
44 g. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect
45 to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
46 h. "Publicly Perform" means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or
47 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
48 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
49 the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any
50 means including signs, sounds or images.
51 i. "Reproduce" means to make copies of the Work by any means including without limitation by sound or visual recordings and the right of fixation
52 and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or other electronic medium.
53
54 2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from
55 limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.
56
57 3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual
58 (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
59
60 a. to Reproduce the Work, to incorporate the Work into one or more Collections, and to Reproduce the Work as incorporated in the Collections;
61 b. to create and Reproduce Adaptations provided that any such Adaptation, including any translation in any medium, takes reasonable steps to clearly
62 label, demarcate or otherwise identify that changes were made to the original Work. For example, a translation could be marked "The original work was
63 translated from English to Spanish," or a modification could indicate "The original work has been modified.";
64 c. to Distribute and Publicly Perform the Work including as incorporated in Collections; and,
65 d. to Distribute and Publicly Perform Adaptations.
66 d.
67
68 For the avoidance of doubt:
69 i. Non-waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory
70 licensing scheme cannot be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by You of the rights granted
71 under this License;
72 ii. Waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory
73 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
74 this License; and,
75 iii. Voluntary License Schemes. The Licensor waives the right to collect royalties, whether individually or, in the event that the Licensor is a
76 member of a collecting society that administers voluntary licensing schemes, via that society, from any exercise by You of the rights granted under
77 this License.
78
79 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
80 modifications as are technically necessary to exercise the rights in other media and formats. Subject to Section 8(f), all rights not expressly granted
81 by Licensor are hereby reserved.
82
83 4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
84
85 a. 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
86 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
87 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
88 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
89 every copy of the Work You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work, You may not impose any effective
90 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
91 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
92 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
93 practicable, remove from the Collection any credit as required by Section 4(b), as requested. If You create an Adaptation, upon notice from any
94 Licensor You must, to the extent practicable, remove from the Adaptation any credit as required by Section 4(b), as requested.
95 b. If You Distribute, or Publicly Perform the Work or any Adaptations or Collections, You must, unless a request has been made pursuant to Section
96 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
97 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
98 institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable
99 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
100 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
101 (iv) , consistent with Section 3(b), in the case of an Adaptation, a credit identifying the use of the Work in the Adaptation (e.g., "French
102 translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). The credit required by this Section 4 (b) may
103 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
104 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
105 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
106 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
107 connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the
108 Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.
109 c. Except as otherwise agreed in writing by the Licensor or as may be otherwise permitted by applicable law, if You Reproduce, Distribute or
110 Publicly Perform the Work either by itself or as part of any Adaptations or Collections, You must not distort, mutilate, modify or take other
111 derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation. Licensor agrees that in those
112 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
113 to be a distortion, mutilation, modification or other derogatory action prejudicial to the Original Author's honor and reputation, the Licensor will
114 waive or not assert, as appropriate, this Section, to the fullest extent permitted by the applicable national law, to enable You to reasonably exercise
115 Your right under Section 3(b) of this License (right to make Adaptations) but not otherwise.
116
117 5. Representations, Warranties and Disclaimer
118
119 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
120 CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A
121 PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT
122 DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
123
124 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
125 SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED
126 OF THE POSSIBILITY OF SUCH DAMAGES.
127
128 7. Termination
129
130 a. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or
131 entities who have received Adaptations or Collections from You under this License, however, will not have their licenses terminated provided such
132 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.
133 b. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work).
134 Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time;
135 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
136 under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
137
138 8. Miscellaneous
139
140 a. 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
141 terms and conditions as the license granted to You under this License.
142 b. 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
143 conditions as the license granted to You under this License.
144 c. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the
145 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
146 extent necessary to make such provision valid and enforceable.
147 d. 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
148 signed by the party to be charged with such waiver or consent.
149 e. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements
150 or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any
151 communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
152 f. The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for
153 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
154 WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter
155 take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to the corresponding provisions of the
156 implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law
157 includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not
158 intended to restrict the license of any rights under applicable law.
159
160 Creative Commons Notice
161
162 Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable
163 to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential
164 damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as
165 the Licensor hereunder, it shall have all rights and obligations of Licensor.
166
167 Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, Creative Commons does not authorize the use by
168 either party of the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative
169 Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or
170 otherwise made available upon request from time to time. For the avoidance of doubt, this trademark restriction does not form part of this License.
171
172 Creative Commons may be contacted at http://creativecommons.org/.

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