/[gentoo-x86]/licenses/CCPL-Attribution-ShareAlike-NonCommercial-3.0
Gentoo

Contents of /licenses/CCPL-Attribution-ShareAlike-NonCommercial-3.0

Parent Directory Parent Directory | Revision Log Revision Log


Revision 1.1 - (show annotations) (download)
Thu May 13 23:35:56 2010 UTC (4 years, 2 months ago) by rich0
Branch: MAIN
Added new CCPL license version

1 Creative Commons
2
3 Creative Commons Legal Code
4
5 Attribution-NonCommercial-ShareAlike 3.0 Unported
6
7 CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE
8 LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN
9 ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS
10 INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO
11 WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS
12 LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
13
14 License
15
16 THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS
17 CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS
18 PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK
19 OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS
20 PROHIBITED.
21
22 BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND
23 AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS
24 LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE
25 RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS
26 AND CONDITIONS.
27
28 1. Definitions
29 a. "Adaptation" means a work based upon the Work, or upon the Work and
30 other pre-existing works, such as a translation, adaptation,
31 derivative work, arrangement of music or other alterations of a
32 literary or artistic work, or phonogram or performance and includes
33 cinematographic adaptations or any other form in which the Work may
34 be recast, transformed, or adapted including in any form
35 recognizably derived from the original, except that a work that
36 constitutes a Collection will not be considered an Adaptation for
37 the purpose of this License. For the avoidance of doubt, where the
38 Work is a musical work, performance or phonogram, the
39 synchronization of the Work in timed-relation with a moving image
40 ("synching") will be considered an Adaptation for the purpose of
41 this License.
42 b. "Collection" means a collection of literary or artistic works, such
43 as encyclopedias and anthologies, or performances, phonograms or
44 broadcasts, or other works or subject matter other than works
45 listed in Section 1(g) below, which, by reason of the selection and
46 arrangement of their contents, constitute intellectual creations,
47 in which the Work is included in its entirety in unmodified form
48 along with one or more other contributions, each constituting
49 separate and independent works in themselves, which together are
50 assembled into a collective whole. A work that constitutes a
51 Collection will not be considered an Adaptation (as defined above)
52 for the purposes of this License.
53 c. "Distribute" means to make available to the public the original and
54 copies of the Work or Adaptation, as appropriate, through sale or
55 other transfer of ownership.
56 d. "License Elements" means the following high-level license
57 attributes as selected by Licensor and indicated in the title of
58 this License: Attribution, Noncommercial, ShareAlike.
59 e. "Licensor" means the individual, individuals, entity or entities
60 that offer(s) the Work under the terms of this License.
61 f. "Original Author" means, in the case of a literary or artistic
62 work, the individual, individuals, entity or entities who created
63 the Work or if no individual or entity can be identified, the
64 publisher; and in addition (i) in the case of a performance the
65 actors, singers, musicians, dancers, and other persons who act,
66 sing, deliver, declaim, play in, interpret or otherwise perform
67 literary or artistic works or expressions of folklore; (ii) in the
68 case of a phonogram the producer being the person or legal entity
69 who first fixes the sounds of a performance or other sounds; and,
70 (iii) in the case of broadcasts, the organization that transmits
71 the broadcast.
72 g. "Work" means the literary and/or artistic work offered under the
73 terms of this License including without limitation any production
74 in the literary, scientific and artistic domain, whatever may be
75 the mode or form of its expression including digital form, such as
76 a book, pamphlet and other writing; a lecture, address, sermon or
77 other work of the same nature; a dramatic or dramatico-musical
78 work; a choreographic work or entertainment in dumb show; a musical
79 composition with or without words; a cinematographic work to which
80 are assimilated works expressed by a process analogous to
81 cinematography; a work of drawing, painting, architecture,
82 sculpture, engraving or lithography; a photographic work to which
83 are assimilated works expressed by a process analogous to
84 photography; a work of applied art; an illustration, map, plan,
85 sketch or three-dimensional work relative to geography, topography,
86 architecture or science; a performance; a broadcast; a phonogram; a
87 compilation of data to the extent it is protected as a
88 copyrightable work; or a work performed by a variety or circus
89 performer to the extent it is not otherwise considered a literary
90 or artistic work.
91 h. "You" means an individual or entity exercising rights under this
92 License who has not previously violated the terms of this License
93 with respect to the Work, or who has received express permission
94 from the Licensor to exercise rights under this License despite a
95 previous violation.
96 i. "Publicly Perform" means to perform public recitations of the Work
97 and to communicate to the public those public recitations, by any
98 means or process, including by wire or wireless means or public
99 digital performances; to make available to the public Works in such
100 a way that members of the public may access these Works from a
101 place and at a place individually chosen by them; to perform the
102 Work to the public by any means or process and the communication to
103 the public of the performances of the Work, including by public
104 digital performance; to broadcast and rebroadcast the Work by any
105 means including signs, sounds or images.
106 j. "Reproduce" means to make copies of the Work by any means including
107 without limitation by sound or visual recordings and the right of
108 fixation and reproducing fixations of the Work, including storage
109 of a protected performance or phonogram in digital form or other
110 electronic medium.
111
112 2. Fair Dealing Rights. Nothing in this License is intended to reduce,
113 limit, or restrict any uses free from copyright or rights arising from
114 limitations or exceptions that are provided for in connection with the
115 copyright protection under copyright law or other applicable laws.
116
117 3. License Grant. Subject to the terms and conditions of this License,
118 Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
119 perpetual (for the duration of the applicable copyright) license to
120 exercise the rights in the Work as stated below:
121 a. to Reproduce the Work, to incorporate the Work into one or more
122 Collections, and to Reproduce the Work as incorporated in the
123 Collections;
124 b. to create and Reproduce Adaptations provided that any such
125 Adaptation, including any translation in any medium, takes
126 reasonable steps to clearly label, demarcate or otherwise identify
127 that changes were made to the original Work. For example, a
128 translation could be marked "The original work was translated from
129 English to Spanish," or a modification could indicate "The original
130 work has been modified.";
131 c. to Distribute and Publicly Perform the Work including as
132 incorporated in Collections; and,
133 d. to Distribute and Publicly Perform Adaptations.
134
135 The above rights may be exercised in all media and formats whether now
136 known or hereafter devised. The above rights include the right to make
137 such modifications as are technically necessary to exercise the rights
138 in other media and formats. Subject to Section 8(f), all rights not
139 expressly granted by Licensor are hereby reserved, including but not
140 limited to the rights described in Section 4(e).
141
142 4. Restrictions. The license granted in Section 3 above is expressly
143 made subject to and limited by the following restrictions:
144 a. You may Distribute or Publicly Perform the Work only under the
145 terms of this License. You must include a copy of, or the Uniform
146 Resource Identifier (URI) for, this License with every copy of the
147 Work You Distribute or Publicly Perform. You may not offer or
148 impose any terms on the Work that restrict the terms of this
149 License or the ability of the recipient of the Work to exercise the
150 rights granted to that recipient under the terms of the License.
151 You may not sublicense the Work. You must keep intact all notices
152 that refer to this License and to the disclaimer of warranties with
153 every copy of the Work You Distribute or Publicly Perform. When You
154 Distribute or Publicly Perform the Work, You may not impose any
155 effective technological measures on the Work that restrict the
156 ability of a recipient of the Work from You to exercise the rights
157 granted to that recipient under the terms of the License. This
158 Section 4(a) applies to the Work as incorporated in a Collection,
159 but this does not require the Collection apart from the Work itself
160 to be made subject to the terms of this License. If You create a
161 Collection, upon notice from any Licensor You must, to the extent
162 practicable, remove from the Collection any credit as required by
163 Section 4(d), as requested. If You create an Adaptation, upon
164 notice from any Licensor You must, to the extent practicable,
165 remove from the Adaptation any credit as required by Section 4(d),
166 as requested.
167 b. You may Distribute or Publicly Perform an Adaptation only under:
168 (i) the terms of this License; (ii) a later version of this License
169 with the same License Elements as this License; (iii) a Creative
170 Commons jurisdiction license (either this or a later license
171 version) that contains the same License Elements as this License
172 (e.g., Attribution-NonCommercial-ShareAlike 3.0 US) ("Applicable
173 License"). You must include a copy of, or the URI, for Applicable
174 License with every copy of each Adaptation You Distribute or
175 Publicly Perform. You may not offer or impose any terms on the
176 Adaptation that restrict the terms of the Applicable License or the
177 ability of the recipient of the Adaptation to exercise the rights
178 granted to that recipient under the terms of the Applicable
179 License. You must keep intact all notices that refer to the
180 Applicable License and to the disclaimer of warranties with every
181 copy of the Work as included in the Adaptation You Distribute or
182 Publicly Perform. When You Distribute or Publicly Perform the
183 Adaptation, You may not impose any effective technological measures
184 on the Adaptation that restrict the ability of a recipient of the
185 Adaptation from You to exercise the rights granted to that
186 recipient under the terms of the Applicable License. This Section
187 4(b) applies to the Adaptation as incorporated in a Collection, but
188 this does not require the Collection apart from the Adaptation
189 itself to be made subject to the terms of the Applicable License.
190 c. You may not exercise any of the rights granted to You in Section 3
191 above in any manner that is primarily intended for or directed
192 toward commercial advantage or private monetary compensation. The
193 exchange of the Work for other copyrighted works by means of
194 digital file-sharing or otherwise shall not be considered to be
195 intended for or directed toward commercial advantage or private
196 monetary compensation, provided there is no payment of any monetary
197 compensation in con-nection with the exchange of copyrighted works.
198 d. If You Distribute, or Publicly Perform the Work or any Adaptations
199 or Collections, You must, unless a request has been made pursuant
200 to Section 4(a), keep intact all copyright notices for the Work and
201 provide, reasonable to the medium or means You are utilizing: (i)
202 the name of the Original Author (or pseudonym, if applicable) if
203 supplied, and/or if the Original Author and/or Licensor designate
204 another party or parties (e.g., a sponsor institute, publishing
205 entity, journal) for attribution ("Attribution Parties") in
206 Licensor's copyright notice, terms of service or by other
207 reasonable means, the name of such party or parties; (ii) the title
208 of the Work if supplied; (iii) to the extent reasonably
209 practicable, the URI, if any, that Licensor specifies to be
210 associated with the Work, unless such URI does not refer to the
211 copyright notice or licensing information for the Work; and, (iv)
212 consistent with Section 3(b), in the case of an Adaptation, a
213 credit identifying the use of the Work in the Adaptation (e.g.,
214 "French translation of the Work by Original Author," or "Screenplay
215 based on original Work by Original Author"). The credit required by
216 this Section 4(d) may be implemented in any reasonable manner;
217 provided, however, that in the case of a Adaptation or Collection,
218 at a minimum such credit will appear, if a credit for all
219 contributing authors of the Adaptation or Collection appears, then
220 as part of these credits and in a manner at least as prominent as
221 the credits for the other contributing authors. For the avoidance
222 of doubt, You may only use the credit required by this Section for
223 the purpose of attribution in the manner set out above and, by
224 exercising Your rights under this License, You may not implicitly
225 or explicitly assert or imply any connection with, sponsorship or
226 endorsement by the Original Author, Licensor and/or Attribution
227 Parties, as appropriate, of You or Your use of the Work, without
228 the separate, express prior written permission of the Original
229 Author, Licensor and/or Attribution Parties.
230 e. For the avoidance of doubt:
231 i. Non-waivable Compulsory License Schemes. In those
232 jurisdictions in which the right to collect royalties through
233 any statutory or compulsory licensing scheme cannot be waived,
234 the Licensor reserves the exclusive right to collect such
235 royalties for any exercise by You of the rights granted under
236 this License;
237 ii. Waivable Compulsory License Schemes. In those jurisdictions in
238 which the right to collect royalties through any statutory or
239 compulsory licensing scheme can be waived, the Licensor
240 reserves the exclusive right to collect such royalties for any
241 exercise by You of the rights granted under this License if
242 Your exercise of such rights is for a purpose or use which is
243 otherwise than noncommercial as permitted under Section 4(c)
244 and otherwise waives the right to collect royalties through
245 any statutory or compulsory licensing scheme; and,
246 iii. Voluntary License Schemes. The Licensor reserves the right to
247 collect royalties, whether individually or, in the event that
248 the Licensor is a member of a collecting society that
249 administers voluntary licensing schemes, via that society,
250 from any exercise by You of the rights granted under this
251 License that is for a purpose or use which is otherwise than
252 noncommercial as permitted under Section 4(c).
253 f. Except as otherwise agreed in writing by the Licensor or as may be
254 otherwise permitted by applicable law, if You Reproduce, Distribute
255 or Publicly Perform the Work either by itself or as part of any
256 Adaptations or Collections, You must not distort, mutilate, modify
257 or take other derogatory action in relation to the Work which would
258 be prejudicial to the Original Author's honor or reputation.
259 Licensor agrees that in those jurisdictions (e.g. Japan), in which
260 any exercise of the right granted in Section 3(b) of this License
261 (the right to make Adaptations) would be deemed to be a distortion,
262 mutilation, modification or other derogatory action prejudicial to
263 the Original Author's honor and reputation, the Licensor will waive
264 or not assert, as appropriate, this Section, to the fullest extent
265 permitted by the applicable national law, to enable You to
266 reasonably exercise Your right under Section 3(b) of this License
267 (right to make Adaptations) but not otherwise.
268
269 5. Representations, Warranties and Disclaimer
270
271 UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING AND TO
272 THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR OFFERS THE
273 WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
274 CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
275 INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY,
276 FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
277 LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF
278 ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW
279 THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO
280 YOU.
281
282 6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE
283 LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR
284 ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES
285 ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR
286 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
287
288 7. Termination
289 a. This License and the rights granted hereunder will terminate
290 automatically upon any breach by You of the terms of this License.
291 Individuals or entities who have received Adaptations or
292 Collections from You under this License, however, will not have
293 their licenses terminated provided such individuals or entities
294 remain in full compliance with those licenses. Sections 1, 2, 5, 6,
295 7, and 8 will survive any termination of this License.
296 b. Subject to the above terms and conditions, the license granted here
297 is perpetual (for the duration of the applicable copyright in the
298 Work). Notwithstanding the above, Licensor reserves the right to
299 release the Work under different license terms or to stop
300 distributing the Work at any time; provided, however that any such
301 election will not serve to withdraw this License (or any other
302 license that has been, or is required to be, granted under the
303 terms of this License), and this License will continue in full
304 force and effect unless terminated as stated above.
305
306 8. Miscellaneous
307 a. Each time You Distribute or Publicly Perform the Work or a
308 Collection, the Licensor offers to the recipient a license to the
309 Work on the same terms and conditions as the license granted to You
310 under this License.
311 b. Each time You Distribute or Publicly Perform an Adaptation,
312 Licensor offers to the recipient a license to the original Work on
313 the same terms and conditions as the license granted to You under
314 this License.
315 c. If any provision of this License is invalid or unenforceable under
316 applicable law, it shall not affect the validity or enforceability
317 of the remainder of the terms of this License, and without further
318 action by the parties to this agreement, such provision shall be
319 reformed to the minimum extent necessary to make such provision
320 valid and enforceable.
321 d. No term or provision of this License shall be deemed waived and no
322 breach consented to unless such waiver or consent shall be in
323 writing and signed by the party to be charged with such waiver or
324 consent.
325 e. This License constitutes the entire agreement between the parties
326 with respect to the Work licensed here. There are no
327 understandings, agreements or representations with respect to the
328 Work not specified here. Licensor shall not be bound by any
329 additional provisions that may appear in any communication from
330 You. This License may not be modified without the mutual written
331 agreement of the Licensor and You.
332 f. The rights granted under, and the subject matter referenced, in
333 this License were drafted utilizing the terminology of the Berne
334 Convention for the Protection of Literary and Artistic Works (as
335 amended on September 28, 1979), the Rome Convention of 1961, the
336 WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms
337 Treaty of 1996 and the Universal Copyright Convention (as revised
338 on July 24, 1971). These rights and subject matter take effect in
339 the relevant jurisdiction in which the License terms are sought to
340 be enforced according to the corresponding provisions of the
341 implementation of those treaty provisions in the applicable
342 national law. If the standard suite of rights granted under
343 applicable copyright law includes additional rights not granted
344 under this License, such additional rights are deemed to be
345 included in the License; this License is not intended to restrict
346 the license of any rights under applicable law.
347
348 Creative Commons Notice
349
350 Creative Commons is not a party to this License, and makes no
351 warranty whatsoever in connection with the Work. Creative Commons
352 will not be liable to You or any party on any legal theory for any
353 damages whatsoever, including without limitation any general,
354 special, incidental or consequential damages arising in connection
355 to this license. Notwithstanding the foregoing two (2) sentences, if
356 Creative Commons has expressly identified itself as the Licensor
357 hereunder, it shall have all rights and obligations of Licensor.
358
359 Except for the limited purpose of indicating to the public that the
360 Work is licensed under the CCPL, Creative Commons does not authorize
361 the use by either party of the trademark "Creative Commons" or any
362 related trademark or logo of Creative Commons without the prior
363 written consent of Creative Commons. Any permitted use will be in
364 compliance with Creative Commons' then-current trademark usage
365 guidelines, as may be published on its website or otherwise made
366 available upon request from time to time. For the avoidance of
367 doubt, this trademark restriction does not form part of this
368 License.
369
370 Creative Commons may be contacted at http://creativecommons.org/.

  ViewVC Help
Powered by ViewVC 1.1.20