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CCPL-Attribution-ShareAlike-2.0

1 vapier 1.1 [1]Creative Commons
2    
3     Creative Commons Legal Code
4    
5     Attribution-ShareAlike 2.0
6     CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE
7     LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN
8     ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS
9     INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES
10     REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR
11     DAMAGES RESULTING FROM ITS USE.
12    
13     License
14    
15     THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS
16     CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS
17     PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE
18     WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS
19     PROHIBITED.
20    
21     BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND
22     AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS
23     YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF
24     SUCH TERMS AND CONDITIONS.
25    
26     1. Definitions
27     a. "Collective Work" means a work, such as a periodical issue,
28     anthology or encyclopedia, in which the Work in its entirety in
29     unmodified form, along with a number of other contributions,
30     constituting separate and independent works in themselves, are
31     assembled into a collective whole. A work that constitutes a
32     Collective Work will not be considered a Derivative Work (as
33     defined below) for the purposes of this License.
34     b. "Derivative Work" means a work based upon the Work or upon the
35     Work and other pre-existing works, such as a translation, musical
36     arrangement, dramatization, fictionalization, motion picture
37     version, sound recording, art reproduction, abridgment,
38     condensation, or any other form in which the Work may be recast,
39     transformed, or adapted, except that a work that constitutes a
40     Collective Work will not be considered a Derivative Work for the
41     purpose of this License. For the avoidance of doubt, where the
42     Work is a musical composition or sound recording, the
43     synchronization of the Work in timed-relation with a moving image
44     ("synching") will be considered a Derivative Work for the purpose
45     of this License.
46     c. "Licensor" means the individual or entity that offers the Work
47     under the terms of this License.
48     d. "Original Author" means the individual or entity who created the
49     Work.
50     e. "Work" means the copyrightable work of authorship offered under
51     the terms of this License.
52     f. "You" means an individual or entity exercising rights under this
53     License who has not previously violated the terms of this License
54     with respect to the Work, or who has received express permission
55     from the Licensor to exercise rights under this License despite a
56     previous violation.
57     g. "License Elements" means the following high-level license
58     attributes as selected by Licensor and indicated in the title of
59     this License: Attribution, ShareAlike.
60    
61     2. Fair Use Rights. Nothing in this license is intended to reduce,
62     limit, or restrict any rights arising from fair use, first sale or
63     other limitations on the exclusive rights of the copyright owner under
64     copyright law or other applicable laws.
65    
66     3. License Grant. Subject to the terms and conditions of this License,
67     Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
68     perpetual (for the duration of the applicable copyright) license to
69     exercise the rights in the Work as stated below:
70     a. to reproduce the Work, to incorporate the Work into one or more
71     Collective Works, and to reproduce the Work as incorporated in the
72     Collective Works;
73     b. to create and reproduce Derivative Works;
74     c. to distribute copies or phonorecords of, display publicly, perform
75     publicly, and perform publicly by means of a digital audio
76     transmission the Work including as incorporated in Collective
77     Works;
78     d. to distribute copies or phonorecords of, display publicly, perform
79     publicly, and perform publicly by means of a digital audio
80     transmission Derivative Works.
81     e. For the avoidance of doubt, where the work is a musical
82     composition:
83     i. Performance Royalties Under Blanket Licenses. Licensor waives
84     the exclusive right to collect, whether individually or via a
85     performance rights society (e.g. ASCAP, BMI, SESAC),
86     royalties for the public performance or public digital
87     performance (e.g. webcast) of the Work.
88     ii. Mechanical Rights and Statutory Royalties. Licensor waives
89     the exclusive right to collect, whether individually or via a
90     music rights society or designated agent (e.g. Harry Fox
91     Agency), royalties for any phonorecord You create from the
92     Work ("cover version") and distribute, subject to the
93     compulsory license created by 17 USC Section 115 of the US
94     Copyright Act (or the equivalent in other jurisdictions).
95     f. Webcasting Rights and Statutory Royalties. For the avoidance of
96     doubt, where the Work is a sound recording, Licensor waives the
97     exclusive right to collect, whether individually or via a
98     performance-rights society (e.g. SoundExchange), royalties for the
99     public digital performance (e.g. webcast) of the Work, subject to
100     the compulsory license created by 17 USC Section 114 of the US
101     Copyright Act (or the equivalent in other jurisdictions).
102    
103     The above rights may be exercised in all media and formats whether now
104     known or hereafter devised. The above rights include the right to make
105     such modifications as are technically necessary to exercise the rights
106     in other media and formats. All rights not expressly granted by
107     Licensor are hereby reserved.
108    
109     4. Restrictions.The license granted in Section 3 above is expressly
110     made subject to and limited by the following restrictions:
111     a. You may distribute, publicly display, publicly perform, or
112     publicly digitally perform the Work only under the terms of this
113     License, and You must include a copy of, or the Uniform Resource
114     Identifier for, this License with every copy or phonorecord of the
115     Work You distribute, publicly display, publicly perform, or
116     publicly digitally perform. You may not offer or impose any terms
117     on the Work that alter or restrict the terms of this License or
118     the recipients' exercise of the rights granted hereunder. You may
119     not sublicense the Work. You must keep intact all notices that
120     refer to this License and to the disclaimer of warranties. You may
121     not distribute, publicly display, publicly perform, or publicly
122     digitally perform the Work with any technological measures that
123     control access or use of the Work in a manner inconsistent with
124     the terms of this License Agreement. The above applies to the Work
125     as incorporated in a Collective Work, but this does not require
126     the Collective Work apart from the Work itself to be made subject
127     to the terms of this License. If You create a Collective Work,
128     upon notice from any Licensor You must, to the extent practicable,
129     remove from the Collective Work any reference to such Licensor or
130     the Original Author, as requested. If You create a Derivative
131     Work, upon notice from any Licensor You must, to the extent
132     practicable, remove from the Derivative Work any reference to such
133     Licensor or the Original Author, as requested.
134     b. You may distribute, publicly display, publicly perform, or
135     publicly digitally perform a Derivative Work only under the terms
136     of this License, a later version of this License with the same
137     License Elements as this License, or a Creative Commons iCommons
138     license that contains the same License Elements as this License
139     (e.g. Attribution-ShareAlike 2.0 Japan). You must include a copy
140     of, or the Uniform Resource Identifier for, this License or other
141     license specified in the previous sentence with every copy or
142     phonorecord of each Derivative Work You distribute, publicly
143     display, publicly perform, or publicly digitally perform. You may
144     not offer or impose any terms on the Derivative Works that alter
145     or restrict the terms of this License or the recipients' exercise
146     of the rights granted hereunder, and You must keep intact all
147     notices that refer to this License and to the disclaimer of
148     warranties. You may not distribute, publicly display, publicly
149     perform, or publicly digitally perform the Derivative Work with
150     any technological measures that control access or use of the Work
151     in a manner inconsistent with the terms of this License Agreement.
152     The above applies to the Derivative Work as incorporated in a
153     Collective Work, but this does not require the Collective Work
154     apart from the Derivative Work itself to be made subject to the
155     terms of this License.
156     c. If you distribute, publicly display, publicly perform, or publicly
157     digitally perform the Work or any Derivative Works or Collective
158     Works, You must keep intact all copyright notices for the Work and
159     give the Original Author credit reasonable to the medium or means
160     You are utilizing by conveying the name (or pseudonym if
161     applicable) of the Original Author if supplied; the title of the
162     Work if supplied; to the extent reasonably practicable, the
163     Uniform Resource Identifier, if any, that Licensor specifies to be
164     associated with the Work, unless such URI does not refer to the
165     copyright notice or licensing information for the Work; and in the
166     case of a Derivative Work, a credit identifying the use of the
167     Work in the Derivative Work (e.g., "French translation of the Work
168     by Original Author," or "Screenplay based on original Work by
169     Original Author"). Such credit may be implemented in any
170     reasonable manner; provided, however, that in the case of a
171     Derivative Work or Collective Work, at a minimum such credit will
172     appear where any other comparable authorship credit appears and in
173     a manner at least as prominent as such other comparable authorship
174     credit.
175    
176     5. Representations, Warranties and Disclaimer
177    
178     UNLESS OTHERWISE AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS
179     THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
180     CONCERNING THE MATERIALS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
181     INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
182     FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
183     LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF
184     ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW
185     THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY
186     TO YOU.
187    
188     6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY
189     APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY
190     LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
191     EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK,
192     EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
193    
194     7. Termination
195     a. This License and the rights granted hereunder will terminate
196     automatically upon any breach by You of the terms of this License.
197     Individuals or entities who have received Derivative Works or
198     Collective Works from You under this License, however, will not
199     have their licenses terminated provided such individuals or
200     entities remain in full compliance with those licenses. Sections
201     1, 2, 5, 6, 7, and 8 will survive any termination of this License.
202     b. Subject to the above terms and conditions, the license granted
203     here is perpetual (for the duration of the applicable copyright in
204     the Work). Notwithstanding the above, Licensor reserves the right
205     to release the Work under different license terms or to stop
206     distributing the Work at any time; provided, however that any such
207     election will not serve to withdraw this License (or any other
208     license that has been, or is required to be, granted under the
209     terms of this License), and this License will continue in full
210     force and effect unless terminated as stated above.
211    
212     8. Miscellaneous
213     a. Each time You distribute or publicly digitally perform the Work or
214     a Collective Work, the Licensor offers to the recipient a license
215     to the Work on the same terms and conditions as the license
216     granted to You under this License.
217     b. Each time You distribute or publicly digitally perform a
218     Derivative Work, Licensor offers to the recipient a license to the
219     original Work on the same terms and conditions as the license
220     granted to You under this License.
221     c. If any provision of this License is invalid or unenforceable under
222     applicable law, it shall not affect the validity or enforceability
223     of the remainder of the terms of this License, and without further
224     action by the parties to this agreement, such provision shall be
225     reformed to the minimum extent necessary to make such provision
226     valid and enforceable.
227     d. No term or provision of this License shall be deemed waived and no
228     breach consented to unless such waiver or consent shall be in
229     writing and signed by the party to be charged with such waiver or
230     consent.
231     e. This License constitutes the entire agreement between the parties
232     with respect to the Work licensed here. There are no
233     understandings, agreements or representations with respect to the
234     Work not specified here. Licensor shall not be bound by any
235     additional provisions that may appear in any communication from
236     You. This License may not be modified without the mutual written
237     agreement of the Licensor and You.
238    
239     Creative Commons is not a party to this License, and makes no warranty
240     whatsoever in connection with the Work. Creative Commons will not be
241     liable to You or any party on any legal theory for any damages
242     whatsoever, including without limitation any general, special,
243     incidental or consequential damages arising in connection to this
244     license. Notwithstanding the foregoing two (2) sentences, if Creative
245     Commons has expressly identified itself as the Licensor hereunder, it
246     shall have all rights and obligations of Licensor.
247    
248     Except for the limited purpose of indicating to the public that the
249     Work is licensed under the CCPL, neither party will use the trademark
250     "Creative Commons" or any related trademark or logo of Creative
251     Commons without the prior written consent of Creative Commons. Any
252     permitted use will be in compliance with Creative Commons'
253     then-current trademark usage guidelines, as may be published on its
254     website or otherwise made available upon request from time to time.
255    
256     Creative Commons may be contacted at [2]http://creativecommons.org/.
257    
258     [3] Back to Commons Deed
259    
260     References
261    
262     1. http://creativecommons.org/
263     2. http://creativecommons.org/
264     3. http://creativecommons.org/licenses/by-sa/2.0/

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