/[gentoo-x86]/licenses/CCPL-Attribution-NonCommercial-NoDerivs-2.5
Gentoo

Contents of /licenses/CCPL-Attribution-NonCommercial-NoDerivs-2.5

Parent Directory Parent Directory | Revision Log Revision Log


Revision 1.1 - (hide annotations) (download)
Thu Sep 21 17:52:12 2006 UTC (7 years, 10 months ago) by gustavoz
Branch: MAIN
New license: CCPL-Attribution-NonCommercial-NoDerivs-2.5

1 gustavoz 1.1 Creative Commons
2    
3     Creative Commons Legal Code
4    
5     Attribution-NonCommercial-NoDerivs 2.5
6     CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES.
7     DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE
8     COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO
9     WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES
10     RESULTING FROM ITS USE.
11    
12     License
13    
14     THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC
15     LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE
16     LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS
17     PROHIBITED.
18    
19     BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY
20     THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN
21     CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
22    
23     1. Definitions
24     a. "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia,
25     in which the Work in its entirety in unmodified form, along with a number of other
26     contributions, constituting separate and independent works in themselves, are
27     assembled into a collective whole. A work that constitutes a Collective Work will not
28     be considered a Derivative Work (as defined below) for the purposes of this License.
29     b. "Derivative Work" means a work based upon the Work or upon the Work and other
30     pre-existing works, such as a translation, musical arrangement, dramatization,
31     fictionalization, motion picture version, sound recording, art reproduction,
32     abridgment, condensation, or any other form in which the Work may be recast,
33     transformed, or adapted, except that a work that constitutes a Collective Work will
34     not be considered a Derivative Work for the purpose of this License. For the avoidance
35     of doubt, where the Work is a musical composition or sound recording, the
36     synchronization of the Work in timed-relation with a moving image ("synching") will be
37     considered a Derivative Work for the purpose of this License.
38     c. "Licensor" means the individual or entity that offers the Work under the terms of this
39     License.
40     d. "Original Author" means the individual or entity who created the Work.
41     e. "Work" means the copyrightable work of authorship offered under the terms of this
42     License.
43     f. "You" means an individual or entity exercising rights under this License who has not
44     previously violated the terms of this License with respect to the Work, or who has
45     received express permission from the Licensor to exercise rights under this License
46     despite a previous violation.
47    
48     2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any
49     rights arising from fair use, first sale or other limitations on the exclusive rights of
50     the copyright owner under copyright law or other applicable laws.
51    
52     3. License Grant. Subject to the terms and conditions of this License, Licensor hereby
53     grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the
54     applicable copyright) license to exercise the rights in the Work as stated below:
55     a. to reproduce the Work, to incorporate the Work into one or more Collective Works, and
56     to reproduce the Work as incorporated in the Collective Works;
57     b. to distribute copies or phonorecords of, display publicly, perform publicly, and
58     perform publicly by means of a digital audio transmission the Work including as
59     incorporated in Collective Works;
60    
61     The above rights may be exercised in all media and formats whether now known or hereafter
62     devised. The above rights include the right to make such modifications as are technically
63     necessary to exercise the rights in other media and formats, but otherwise you have no
64     rights to make Derivative Works. All rights not expressly granted by Licensor are hereby
65     reserved, including but not limited to the rights set forth in Sections 4(d) and 4(e).
66    
67     4. Restrictions.The license granted in Section 3 above is expressly made subject to and
68     limited by the following restrictions:
69     a. You may distribute, publicly display, publicly perform, or publicly digitally perform
70     the Work only under the terms of this License, and You must include a copy of, or the
71     Uniform Resource Identifier for, this License with every copy or phonorecord of the
72     Work You distribute, publicly display, publicly perform, or publicly digitally
73     perform. You may not offer or impose any terms on the Work that alter or restrict the
74     terms of this License or the recipients' exercise of the rights granted hereunder. You
75     may not sublicense the Work. You must keep intact all notices that refer to this
76     License and to the disclaimer of warranties. You may not distribute, publicly display,
77     publicly perform, or publicly digitally perform the Work with any technological
78     measures that control access or use of the Work in a manner inconsistent with the
79     terms of this License Agreement. The above applies to the Work as incorporated in a
80     Collective Work, but this does not require the Collective Work apart from the Work
81     itself to be made subject to the terms of this License. If You create a Collective
82     Work, upon notice from any Licensor You must, to the extent practicable, remove from
83     the Collective Work any credit as required by clause 4(c), as requested.
84     b. You may not exercise any of the rights granted to You in Section 3 above in any manner
85     that is primarily intended for or directed toward commercial advantage or private
86     monetary compensation. The exchange of the Work for other copyrighted works by means
87     of digital file-sharing or otherwise shall not be considered to be intended for or
88     directed toward commercial advantage or private monetary compensation, provided there
89     is no payment of any monetary compensation in connection with the exchange of
90     copyrighted works.
91     c. If you distribute, publicly display, publicly perform, or publicly digitally perform
92     the Work, You must keep intact all copyright notices for the Work and provide,
93     reasonable to the medium or means You are utilizing: (i) the name of the Original
94     Author (or pseudonym, if applicable) if supplied, and/or (ii) if the Original Author
95     and/or Licensor designate another party or parties (e.g. a sponsor institute,
96     publishing entity, journal) for attribution in Licensor's copyright notice, terms of
97     service or by other reasonable means, the name of such party or parties; the title of
98     the Work if supplied; and to the extent reasonably practicable, the Uniform Resource
99     Identifier, if any, that Licensor specifies to be associated with the Work, unless
100     such URI does not refer to the copyright notice or licensing information for the Work.
101     Such credit may be implemented in any reasonable manner; provided, however, that in
102     the case of a Collective Work, at a minimum such credit will appear where any other
103     comparable authorship credit appears and in a manner at least as prominent as such
104     other comparable authorship credit.
105     d. For the avoidance of doubt, where the Work is a musical composition:
106     i. Performance Royalties Under Blanket Licenses. Licensor reserves the exclusive
107     right to collect, whether individually or via a performance rights society (e.g.
108     ASCAP, BMI, SESAC), royalties for the public performance or public digital
109     performance (e.g. webcast) of the Work if that performance is primarily intended
110     for or directed toward commercial advantage or private monetary compensation.
111     ii. Mechanical Rights and Statutory Royalties. Licensor reserves the exclusive right
112     to collect, whether individually or via a music rights agency or designated agent
113     (e.g. Harry Fox Agency), royalties for any phonorecord You create from the Work
114     ("cover version") and distribute, subject to the compulsory license created by 17
115     USC Section 115 of the US Copyright Act (or the equivalent in other
116     jurisdictions), if Your distribution of such cover version is primarily intended
117     for or directed toward commercial advantage or private monetary compensation.
118     e. Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work
119     is a sound recording, Licensor reserves the exclusive right to collect, whether
120     individually or via a performance-rights society (e.g. SoundExchange), royalties for
121     the public digital performance (e.g. webcast) of the Work, subject to the compulsory
122     license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in
123     other jurisdictions), if Your public digital performance is primarily intended for or
124     directed toward commercial advantage or private monetary compensation.
125    
126     5. Representations, Warranties and Disclaimer
127    
128     UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS
129     AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS,
130     IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE,
131     MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
132     LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT
133     DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH
134     EXCLUSION MAY NOT APPLY TO YOU.
135    
136     6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT
137     WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL,
138     CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE
139     WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
140    
141     7. Termination
142     a. This License and the rights granted hereunder will terminate automatically upon any
143     breach by You of the terms of this License. Individuals or entities who have received
144     Collective Works from You under this License, however, will not have their licenses
145     terminated provided such individuals or entities remain in full compliance with those
146     licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
147     b. Subject to the above terms and conditions, the license granted here is perpetual (for
148     the duration of the applicable copyright in the Work). Notwithstanding the above,
149     Licensor reserves the right to release the Work under different license terms or to
150     stop distributing the Work at any time; provided, however that any such election will
151     not serve to withdraw this License (or any other license that has been, or is required
152     to be, granted under the terms of this License), and this License will continue in
153     full force and effect unless terminated as stated above.
154    
155     8. Miscellaneous
156     a. Each time You distribute or publicly digitally perform the Work or a Collective Work,
157     the Licensor offers to the recipient a license to the Work on the same terms and
158     conditions as the license granted to You under this License.
159     b. If any provision of this License is invalid or unenforceable under applicable law, it
160     shall not affect the validity or enforceability of the remainder of the terms of this
161     License, and without further action by the parties to this agreement, such provision
162     shall be reformed to the minimum extent necessary to make such provision valid and
163     enforceable.
164     c. No term or provision of this License shall be deemed waived and no breach consented to
165     unless such waiver or consent shall be in writing and signed by the party to be
166     charged with such waiver or consent.
167     d. This License constitutes the entire agreement between the parties with respect to the
168     Work licensed here. There are no understandings, agreements or representations with
169     respect to the Work not specified here. Licensor shall not be bound by any additional
170     provisions that may appear in any communication from You. This License may not be
171     modified without the mutual written agreement of the Licensor and You.
172    
173     Creative Commons is not a party to this License, and makes no warranty whatsoever in
174     connection with the Work. Creative Commons will not be liable to You or any party on any
175     legal theory for any damages whatsoever, including without limitation any general,
176     special, incidental or consequential damages arising in connection to this license.
177     Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly
178     identified itself as the Licensor hereunder, it shall have all rights and obligations of
179     Licensor.
180    
181     Except for the limited purpose of indicating to the public that the Work is licensed under
182     the CCPL, neither party will use the trademark "Creative Commons" or any related trademark
183     or logo of Creative Commons without the prior written consent of Creative Commons. Any
184     permitted use will be in compliance with Creative Commons' then-current trademark usage
185     guidelines, as may be published on its website or otherwise made available upon request
186     from time to time.
187    
188     Creative Commons may be contacted at http://creativecommons.org/.
189    
190     References
191    
192     1. http://creativecommons.org/
193     2. http://creativecommons.org/licenses/by-nc-nd/2.5/

  ViewVC Help
Powered by ViewVC 1.1.20