| 1 |
naota |
1.1 |
Attribution-NoDerivs 3.0 Unported |
| 2 |
|
|
|
| 3 |
|
|
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE |
| 4 |
|
|
LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN |
| 5 |
|
|
ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS |
| 6 |
|
|
INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES |
| 7 |
|
|
REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR |
| 8 |
|
|
DAMAGES RESULTING FROM ITS USE. |
| 9 |
|
|
|
| 10 |
|
|
License |
| 11 |
|
|
|
| 12 |
|
|
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE |
| 13 |
|
|
COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY |
| 14 |
|
|
COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS |
| 15 |
|
|
AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED. |
| 16 |
|
|
|
| 17 |
|
|
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE |
| 18 |
|
|
TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY |
| 19 |
|
|
BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS |
| 20 |
|
|
CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND |
| 21 |
|
|
CONDITIONS. |
| 22 |
|
|
|
| 23 |
|
|
1. Definitions |
| 24 |
|
|
|
| 25 |
|
|
a. "Adaptation" means a work based upon the Work, or upon the Work and |
| 26 |
|
|
other pre-existing works, such as a translation, adaptation, |
| 27 |
|
|
derivative work, arrangement of music or other alterations of a |
| 28 |
|
|
literary or artistic work, or phonogram or performance and includes |
| 29 |
|
|
cinematographic adaptations or any other form in which the Work may be |
| 30 |
|
|
recast, transformed, or adapted including in any form recognizably |
| 31 |
|
|
derived from the original, except that a work that constitutes a |
| 32 |
|
|
Collection will not be considered an Adaptation for the purpose of |
| 33 |
|
|
this License. For the avoidance of doubt, where the Work is a musical |
| 34 |
|
|
work, performance or phonogram, the synchronization of the Work in |
| 35 |
|
|
timed-relation with a moving image ("synching") will be considered an |
| 36 |
|
|
Adaptation for the purpose of this License. |
| 37 |
|
|
b. "Collection" means a collection of literary or artistic works, such as |
| 38 |
|
|
encyclopedias and anthologies, or performances, phonograms or |
| 39 |
|
|
broadcasts, or other works or subject matter other than works listed |
| 40 |
|
|
in Section 1(f) below, which, by reason of the selection and |
| 41 |
|
|
arrangement of their contents, constitute intellectual creations, in |
| 42 |
|
|
which the Work is included in its entirety in unmodified form along |
| 43 |
|
|
with one or more other contributions, each constituting separate and |
| 44 |
|
|
independent works in themselves, which together are assembled into a |
| 45 |
|
|
collective whole. A work that constitutes a Collection will not be |
| 46 |
|
|
considered an Adaptation (as defined above) for the purposes of this |
| 47 |
|
|
License. |
| 48 |
|
|
c. "Distribute" means to make available to the public the original and |
| 49 |
|
|
copies of the Work through sale or other transfer of ownership. |
| 50 |
|
|
d. "Licensor" means the individual, individuals, entity or entities that |
| 51 |
|
|
offer(s) the Work under the terms of this License. |
| 52 |
|
|
e. "Original Author" means, in the case of a literary or artistic work, |
| 53 |
|
|
the individual, individuals, entity or entities who created the Work |
| 54 |
|
|
or if no individual or entity can be identified, the publisher; and in |
| 55 |
|
|
addition (i) in the case of a performance the actors, singers, |
| 56 |
|
|
musicians, dancers, and other persons who act, sing, deliver, declaim, |
| 57 |
|
|
play in, interpret or otherwise perform literary or artistic works or |
| 58 |
|
|
expressions of folklore; (ii) in the case of a phonogram the producer |
| 59 |
|
|
being the person or legal entity who first fixes the sounds of a |
| 60 |
|
|
performance or other sounds; and, (iii) in the case of broadcasts, the |
| 61 |
|
|
organization that transmits the broadcast. |
| 62 |
|
|
f. "Work" means the literary and/or artistic work offered under the terms |
| 63 |
|
|
of this License including without limitation any production in the |
| 64 |
|
|
literary, scientific and artistic domain, whatever may be the mode or |
| 65 |
|
|
form of its expression including digital form, such as a book, |
| 66 |
|
|
pamphlet and other writing; a lecture, address, sermon or other work |
| 67 |
|
|
of the same nature; a dramatic or dramatico-musical work; a |
| 68 |
|
|
choreographic work or entertainment in dumb show; a musical |
| 69 |
|
|
composition with or without words; a cinematographic work to which are |
| 70 |
|
|
assimilated works expressed by a process analogous to cinematography; |
| 71 |
|
|
a work of drawing, painting, architecture, sculpture, engraving or |
| 72 |
|
|
lithography; a photographic work to which are assimilated works |
| 73 |
|
|
expressed by a process analogous to photography; a work of applied |
| 74 |
|
|
art; an illustration, map, plan, sketch or three-dimensional work |
| 75 |
|
|
relative to geography, topography, architecture or science; a |
| 76 |
|
|
performance; a broadcast; a phonogram; a compilation of data to the |
| 77 |
|
|
extent it is protected as a copyrightable work; or a work performed by |
| 78 |
|
|
a variety or circus performer to the extent it is not otherwise |
| 79 |
|
|
considered a literary or artistic work. |
| 80 |
|
|
g. "You" means an individual or entity exercising rights under this |
| 81 |
|
|
License who has not previously violated the terms of this License with |
| 82 |
|
|
respect to the Work, or who has received express permission from the |
| 83 |
|
|
Licensor to exercise rights under this License despite a previous |
| 84 |
|
|
violation. |
| 85 |
|
|
h. "Publicly Perform" means to perform public recitations of the Work and |
| 86 |
|
|
to communicate to the public those public recitations, by any means or |
| 87 |
|
|
process, including by wire or wireless means or public digital |
| 88 |
|
|
performances; to make available to the public Works in such a way that |
| 89 |
|
|
members of the public may access these Works from a place and at a |
| 90 |
|
|
place individually chosen by them; to perform the Work to the public |
| 91 |
|
|
by any means or process and the communication to the public of the |
| 92 |
|
|
performances of the Work, including by public digital performance; to |
| 93 |
|
|
broadcast and rebroadcast the Work by any means including signs, |
| 94 |
|
|
sounds or images. |
| 95 |
|
|
i. "Reproduce" means to make copies of the Work by any means including |
| 96 |
|
|
without limitation by sound or visual recordings and the right of |
| 97 |
|
|
fixation and reproducing fixations of the Work, including storage of a |
| 98 |
|
|
protected performance or phonogram in digital form or other electronic |
| 99 |
|
|
medium. |
| 100 |
|
|
|
| 101 |
|
|
2. Fair Dealing Rights. Nothing in this License is intended to reduce, |
| 102 |
|
|
limit, or restrict any uses free from copyright or rights arising from |
| 103 |
|
|
limitations or exceptions that are provided for in connection with the |
| 104 |
|
|
copyright protection under copyright law or other applicable laws. |
| 105 |
|
|
|
| 106 |
|
|
3. License Grant. Subject to the terms and conditions of this License, |
| 107 |
|
|
Licensor hereby grants You a worldwide, royalty-free, non-exclusive, |
| 108 |
|
|
perpetual (for the duration of the applicable copyright) license to |
| 109 |
|
|
exercise the rights in the Work as stated below: |
| 110 |
|
|
|
| 111 |
|
|
a. to Reproduce the Work, to incorporate the Work into one or more |
| 112 |
|
|
Collections, and to Reproduce the Work as incorporated in the |
| 113 |
|
|
Collections; and, |
| 114 |
|
|
b. to Distribute and Publicly Perform the Work including as incorporated |
| 115 |
|
|
in Collections. |
| 116 |
|
|
c. For the avoidance of doubt: |
| 117 |
|
|
|
| 118 |
|
|
i. Non-waivable Compulsory License Schemes. In those jurisdictions in |
| 119 |
|
|
which the right to collect royalties through any statutory or |
| 120 |
|
|
compulsory licensing scheme cannot be waived, the Licensor |
| 121 |
|
|
reserves the exclusive right to collect such royalties for any |
| 122 |
|
|
exercise by You of the rights granted under this License; |
| 123 |
|
|
ii. Waivable Compulsory License Schemes. In those jurisdictions in |
| 124 |
|
|
which the right to collect royalties through any statutory or |
| 125 |
|
|
compulsory licensing scheme can be waived, the Licensor waives the |
| 126 |
|
|
exclusive right to collect such royalties for any exercise by You |
| 127 |
|
|
of the rights granted under this License; and, |
| 128 |
|
|
iii. Voluntary License Schemes. The Licensor waives the right to |
| 129 |
|
|
collect royalties, whether individually or, in the event that the |
| 130 |
|
|
Licensor is a member of a collecting society that administers |
| 131 |
|
|
voluntary licensing schemes, via that society, from any exercise |
| 132 |
|
|
by You of the rights granted under this License. |
| 133 |
|
|
|
| 134 |
|
|
The above rights may be exercised in all media and formats whether now |
| 135 |
|
|
known or hereafter devised. The above rights include the right to make |
| 136 |
|
|
such modifications as are technically necessary to exercise the rights in |
| 137 |
|
|
other media and formats, but otherwise you have no rights to make |
| 138 |
|
|
Adaptations. Subject to Section 8(f), all rights not expressly granted by |
| 139 |
|
|
Licensor are hereby reserved. |
| 140 |
|
|
|
| 141 |
|
|
4. Restrictions. The license granted in Section 3 above is expressly made |
| 142 |
|
|
subject to and limited by the following restrictions: |
| 143 |
|
|
|
| 144 |
|
|
a. You may Distribute or Publicly Perform the Work only under the terms |
| 145 |
|
|
of this License. You must include a copy of, or the Uniform Resource |
| 146 |
|
|
Identifier (URI) for, this License with every copy of the Work You |
| 147 |
|
|
Distribute or Publicly Perform. You may not offer or impose any terms |
| 148 |
|
|
on the Work that restrict the terms of this License or the ability of |
| 149 |
|
|
the recipient of the Work to exercise the rights granted to that |
| 150 |
|
|
recipient under the terms of the License. You may not sublicense the |
| 151 |
|
|
Work. You must keep intact all notices that refer to this License and |
| 152 |
|
|
to the disclaimer of warranties with every copy of the Work You |
| 153 |
|
|
Distribute or Publicly Perform. When You Distribute or Publicly |
| 154 |
|
|
Perform the Work, You may not impose any effective technological |
| 155 |
|
|
measures on the Work that restrict the ability of a recipient of the |
| 156 |
|
|
Work from You to exercise the rights granted to that recipient under |
| 157 |
|
|
the terms of the License. This Section 4(a) applies to the Work as |
| 158 |
|
|
incorporated in a Collection, but this does not require the Collection |
| 159 |
|
|
apart from the Work itself to be made subject to the terms of this |
| 160 |
|
|
License. If You create a Collection, upon notice from any Licensor You |
| 161 |
|
|
must, to the extent practicable, remove from the Collection any credit |
| 162 |
|
|
as required by Section 4(b), as requested. |
| 163 |
|
|
b. If You Distribute, or Publicly Perform the Work or Collections, You |
| 164 |
|
|
must, unless a request has been made pursuant to Section 4(a), keep |
| 165 |
|
|
intact all copyright notices for the Work and provide, reasonable to |
| 166 |
|
|
the medium or means You are utilizing: (i) the name of the Original |
| 167 |
|
|
Author (or pseudonym, if applicable) if supplied, and/or if the |
| 168 |
|
|
Original Author and/or Licensor designate another party or parties |
| 169 |
|
|
(e.g., a sponsor institute, publishing entity, journal) for |
| 170 |
|
|
attribution ("Attribution Parties") in Licensor's copyright notice, |
| 171 |
|
|
terms of service or by other reasonable means, the name of such party |
| 172 |
|
|
or parties; (ii) the title of the Work if supplied; (iii) to the |
| 173 |
|
|
extent reasonably practicable, the URI, if any, that Licensor |
| 174 |
|
|
specifies to be associated with the Work, unless such URI does not |
| 175 |
|
|
refer to the copyright notice or licensing information for the Work. |
| 176 |
|
|
The credit required by this Section 4(b) may be implemented in any |
| 177 |
|
|
reasonable manner; provided, however, that in the case of a |
| 178 |
|
|
Collection, at a minimum such credit will appear, if a credit for all |
| 179 |
|
|
contributing authors of the Collection appears, then as part of these |
| 180 |
|
|
credits and in a manner at least as prominent as the credits for the |
| 181 |
|
|
other contributing authors. For the avoidance of doubt, You may only |
| 182 |
|
|
use the credit required by this Section for the purpose of attribution |
| 183 |
|
|
in the manner set out above and, by exercising Your rights under this |
| 184 |
|
|
License, You may not implicitly or explicitly assert or imply any |
| 185 |
|
|
connection with, sponsorship or endorsement by the Original Author, |
| 186 |
|
|
Licensor and/or Attribution Parties, as appropriate, of You or Your |
| 187 |
|
|
use of the Work, without the separate, express prior written |
| 188 |
|
|
permission of the Original Author, Licensor and/or Attribution |
| 189 |
|
|
Parties. |
| 190 |
|
|
c. Except as otherwise agreed in writing by the Licensor or as may be |
| 191 |
|
|
otherwise permitted by applicable law, if You Reproduce, Distribute or |
| 192 |
|
|
Publicly Perform the Work either by itself or as part of any |
| 193 |
|
|
Collections, You must not distort, mutilate, modify or take other |
| 194 |
|
|
derogatory action in relation to the Work which would be prejudicial |
| 195 |
|
|
to the Original Author's honor or reputation. |
| 196 |
|
|
|
| 197 |
|
|
5. Representations, Warranties and Disclaimer |
| 198 |
|
|
|
| 199 |
|
|
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR |
| 200 |
|
|
OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY |
| 201 |
|
|
KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, |
| 202 |
|
|
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, |
| 203 |
|
|
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF |
| 204 |
|
|
LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, |
| 205 |
|
|
WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION |
| 206 |
|
|
OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU. |
| 207 |
|
|
|
| 208 |
|
|
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE |
| 209 |
|
|
LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR |
| 210 |
|
|
ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES |
| 211 |
|
|
ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS |
| 212 |
|
|
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
| 213 |
|
|
|
| 214 |
|
|
7. Termination |
| 215 |
|
|
|
| 216 |
|
|
a. This License and the rights granted hereunder will terminate |
| 217 |
|
|
automatically upon any breach by You of the terms of this License. |
| 218 |
|
|
Individuals or entities who have received Collections from You under |
| 219 |
|
|
this License, however, will not have their licenses terminated |
| 220 |
|
|
provided such individuals or entities remain in full compliance with |
| 221 |
|
|
those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any |
| 222 |
|
|
termination of this License. |
| 223 |
|
|
b. Subject to the above terms and conditions, the license granted here is |
| 224 |
|
|
perpetual (for the duration of the applicable copyright in the Work). |
| 225 |
|
|
Notwithstanding the above, Licensor reserves the right to release the |
| 226 |
|
|
Work under different license terms or to stop distributing the Work at |
| 227 |
|
|
any time; provided, however that any such election will not serve to |
| 228 |
|
|
withdraw this License (or any other license that has been, or is |
| 229 |
|
|
required to be, granted under the terms of this License), and this |
| 230 |
|
|
License will continue in full force and effect unless terminated as |
| 231 |
|
|
stated above. |
| 232 |
|
|
|
| 233 |
|
|
8. Miscellaneous |
| 234 |
|
|
|
| 235 |
|
|
a. Each time You Distribute or Publicly Perform the Work or a Collection, |
| 236 |
|
|
the Licensor offers to the recipient a license to the Work on the same |
| 237 |
|
|
terms and conditions as the license granted to You under this License. |
| 238 |
|
|
b. If any provision of this License is invalid or unenforceable under |
| 239 |
|
|
applicable law, it shall not affect the validity or enforceability of |
| 240 |
|
|
the remainder of the terms of this License, and without further action |
| 241 |
|
|
by the parties to this agreement, such provision shall be reformed to |
| 242 |
|
|
the minimum extent necessary to make such provision valid and |
| 243 |
|
|
enforceable. |
| 244 |
|
|
c. No term or provision of this License shall be deemed waived and no |
| 245 |
|
|
breach consented to unless such waiver or consent shall be in writing |
| 246 |
|
|
and signed by the party to be charged with such waiver or consent. |
| 247 |
|
|
d. This License constitutes the entire agreement between the parties with |
| 248 |
|
|
respect to the Work licensed here. There are no understandings, |
| 249 |
|
|
agreements or representations with respect to the Work not specified |
| 250 |
|
|
here. Licensor shall not be bound by any additional provisions that |
| 251 |
|
|
may appear in any communication from You. This License may not be |
| 252 |
|
|
modified without the mutual written agreement of the Licensor and You. |
| 253 |
|
|
e. The rights granted under, and the subject matter referenced, in this |
| 254 |
|
|
License were drafted utilizing the terminology of the Berne Convention |
| 255 |
|
|
for the Protection of Literary and Artistic Works (as amended on |
| 256 |
|
|
September 28, 1979), the Rome Convention of 1961, the WIPO Copyright |
| 257 |
|
|
Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 |
| 258 |
|
|
and the Universal Copyright Convention (as revised on July 24, 1971). |
| 259 |
|
|
These rights and subject matter take effect in the relevant |
| 260 |
|
|
jurisdiction in which the License terms are sought to be enforced |
| 261 |
|
|
according to the corresponding provisions of the implementation of |
| 262 |
|
|
those treaty provisions in the applicable national law. If the |
| 263 |
|
|
standard suite of rights granted under applicable copyright law |
| 264 |
|
|
includes additional rights not granted under this License, such |
| 265 |
|
|
additional rights are deemed to be included in the License; this |
| 266 |
|
|
License is not intended to restrict the license of any rights under |
| 267 |
|
|
applicable law. |
| 268 |
|
|
|
| 269 |
|
|
|
| 270 |
|
|
Creative Commons Notice |
| 271 |
|
|
|
| 272 |
|
|
Creative Commons is not a party to this License, and makes no warranty |
| 273 |
|
|
whatsoever in connection with the Work. Creative Commons will not be |
| 274 |
|
|
liable to You or any party on any legal theory for any damages |
| 275 |
|
|
whatsoever, including without limitation any general, special, |
| 276 |
|
|
incidental or consequential damages arising in connection to this |
| 277 |
|
|
license. Notwithstanding the foregoing two (2) sentences, if Creative |
| 278 |
|
|
Commons has expressly identified itself as the Licensor hereunder, it |
| 279 |
|
|
shall have all rights and obligations of Licensor. |
| 280 |
|
|
|
| 281 |
|
|
Except for the limited purpose of indicating to the public that the |
| 282 |
|
|
Work is licensed under the CCPL, Creative Commons does not authorize |
| 283 |
|
|
the use by either party of the trademark "Creative Commons" or any |
| 284 |
|
|
related trademark or logo of Creative Commons without the prior |
| 285 |
|
|
written consent of Creative Commons. Any permitted use will be in |
| 286 |
|
|
compliance with Creative Commons' then-current trademark usage |
| 287 |
|
|
guidelines, as may be published on its website or otherwise made |
| 288 |
|
|
available upon request from time to time. For the avoidance of doubt, |
| 289 |
|
|
this trademark restriction does not form part of this License. |
| 290 |
|
|
|
| 291 |
|
|
Creative Commons may be contacted at http://creativecommons.org/. |