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Contents of /licenses/CC-BY-ND-2.5

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Revision 1.1 - (show annotations) (download)
Thu Feb 7 20:31:49 2013 UTC (2 years, 3 months ago) by ulm
Branch: MAIN
CVS Tags: HEAD
Move Creative Commons licenses to shorter names.

1 Creative Commons Legal Code
2
3 Attribution-NoDerivs 2.5
4
5 CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE
6 LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN
7 ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS
8 INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES
9 REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR
10 DAMAGES RESULTING FROM ITS USE.
11
12 License
13
14 THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
15 COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
16 COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
17 AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
18
19 BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE
20 TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE
21 RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS
22 AND CONDITIONS.
23
24 1. Definitions
25
26 a. "Collective Work" means a work, such as a periodical issue, anthology
27 or encyclopedia, in which the Work in its entirety in unmodified form,
28 along with a number of other contributions, constituting separate and
29 independent works in themselves, are assembled into a collective
30 whole. A work that constitutes a Collective Work will not be
31 considered a Derivative Work (as defined below) for the purposes of
32 this License.
33 b. "Derivative Work" means a work based upon the Work or upon the Work
34 and other pre-existing works, such as a translation, musical
35 arrangement, dramatization, fictionalization, motion picture version,
36 sound recording, art reproduction, abridgment, condensation, or any
37 other form in which the Work may be recast, transformed, or adapted,
38 except that a work that constitutes a Collective Work will not be
39 considered a Derivative Work for the purpose of this License. For the
40 avoidance of doubt, where the Work is a musical composition or sound
41 recording, the synchronization of the Work in timed-relation with a
42 moving image ("synching") will be considered a Derivative Work for the
43 purpose of this License.
44 c. "Licensor" means the individual or entity that offers the Work under
45 the terms of this License.
46 d. "Original Author" means the individual or entity who created the Work.
47 e. "Work" means the copyrightable work of authorship offered under the
48 terms of this License.
49 f. "You" means an individual or entity exercising rights under this
50 License who has not previously violated the terms of this License with
51 respect to the Work, or who has received express permission from the
52 Licensor to exercise rights under this License despite a previous
53 violation.
54
55 2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
56 or restrict any rights arising from fair use, first sale or other
57 limitations on the exclusive rights of the copyright owner under copyright
58 law or other applicable laws.
59
60 3. License Grant. Subject to the terms and conditions of this License,
61 Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
62 perpetual (for the duration of the applicable copyright) license to
63 exercise the rights in the Work as stated below:
64
65 a. to reproduce the Work, to incorporate the Work into one or more
66 Collective Works, and to reproduce the Work as incorporated in the
67 Collective Works;
68 b. to distribute copies or phonorecords of, display publicly, perform
69 publicly, and perform publicly by means of a digital audio
70 transmission the Work including as incorporated in Collective Works.
71 c. For the avoidance of doubt, where the work is a musical composition:
72
73 i. Performance Royalties Under Blanket Licenses. Licensor waives
74 the exclusive right to collect, whether individually or via a
75 performance rights society (e.g. ASCAP, BMI, SESAC), royalties
76 for the public performance or public digital performance (e.g.
77 webcast) of the Work.
78 ii. Mechanical Rights and Statutory Royalties. Licensor waives the
79 exclusive right to collect, whether individually or via a music
80 rights society or designated agent (e.g. Harry Fox Agency),
81 royalties for any phonorecord You create from the Work ("cover
82 version") and distribute, subject to the compulsory license
83 created by 17 USC Section 115 of the US Copyright Act (or the
84 equivalent in other jurisdictions).
85
86 d. Webcasting Rights and Statutory Royalties. For the avoidance of doubt,
87 where the Work is a sound recording, Licensor waives the exclusive
88 right to collect, whether individually or via a performance-rights
89 society (e.g. SoundExchange), royalties for the public digital
90 performance (e.g. webcast) of the Work, subject to the compulsory
91 license created by 17 USC Section 114 of the US Copyright Act (or the
92 equivalent in other jurisdictions).
93
94 The above rights may be exercised in all media and formats whether now
95 known or hereafter devised. The above rights include the right to make
96 such modifications as are technically necessary to exercise the rights in
97 other media and formats, but otherwise you have no rights to make
98 Derivative Works. All rights not expressly granted by Licensor are hereby
99 reserved.
100
101 4. Restrictions. The license granted in Section 3 above is expressly made
102 subject to and limited by the following restrictions:
103
104 a. You may distribute, publicly display, publicly perform, or publicly
105 digitally perform the Work only under the terms of this License, and
106 You must include a copy of, or the Uniform Resource Identifier for,
107 this License with every copy or phonorecord of the Work You
108 distribute, publicly display, publicly perform, or publicly digitally
109 perform. You may not offer or impose any terms on the Work that alter
110 or restrict the terms of this License or the recipients' exercise of
111 the rights granted hereunder. You may not sublicense the Work. You
112 must keep intact all notices that refer to this License and to the
113 disclaimer of warranties. You may not distribute, publicly display,
114 publicly perform, or publicly digitally perform the Work with any
115 technological measures that control access or use of the Work in a
116 manner inconsistent with the terms of this License Agreement. The
117 above applies to the Work as incorporated in a Collective Work, but
118 this does not require the Collective Work apart from the Work itself
119 to be made subject to the terms of this License. If You create a
120 Collective Work, upon notice from any Licensor You must, to the extent
121 practicable, remove from the Collective Work any credit as required by
122 clause 4(b), as requested.
123 b. If you distribute, publicly display, publicly perform, or publicly
124 digitally perform the Work or Collective Works, You must keep intact
125 all copyright notices for the Work and provide, reasonable to the
126 medium or means You are utilizing: (i) the name of the Original Author
127 (or pseudonym, if applicable) if supplied, and/or (ii) if the Original
128 Author and/or Licensor designate another party or parties (e.g. a
129 sponsor institute, publishing entity, journal) for attribution in
130 Licensor's copyright notice, terms of service or by other reasonable
131 means, the name of such party or parties; the title of the Work if
132 supplied; and to the extent reasonably practicable, the Uniform
133 Resource Identifier, if any, that Licensor specifies to be associated
134 with the Work, unless such URI does not refer to the copyright notice
135 or licensing information for the Work. Such credit may be implemented
136 in any reasonable manner; provided, however, that in the case of a
137 Collective Work, at a minimum such credit will appear where any other
138 comparable authorship credit appears and in a manner at least as
139 prominent as such other comparable authorship credit.
140
141 5. Representations, Warranties and Disclaimer
142
143 UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
144 OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
145 KIND CONCERNING THE MATERIALS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
146 INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
147 FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
148 LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS,
149 WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
150 OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
151
152 6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE
153 LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR
154 ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES
155 ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS
156 BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
157
158 7. Termination
159
160 a. This License and the rights granted hereunder will terminate
161 automatically upon any breach by You of the terms of this License.
162 Individuals or entities who have received Collective Works from You
163 under this License, however, will not have their licenses terminated
164 provided such individuals or entities remain in full compliance with
165 those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any
166 termination of this License.
167 b. Subject to the above terms and conditions, the license granted here is
168 perpetual (for the duration of the applicable copyright in the Work).
169 Notwithstanding the above, Licensor reserves the right to release the
170 Work under different license terms or to stop distributing the Work at
171 any time; provided, however that any such election will not serve to
172 withdraw this License (or any other license that has been, or is
173 required to be, granted under the terms of this License), and this
174 License will continue in full force and effect unless terminated as
175 stated above.
176
177 8. Miscellaneous
178
179 a. Each time You distribute or publicly digitally perform the Work, the
180 Licensor offers to the recipient a license to the Work on the same
181 terms and conditions as the license granted to You under this License.
182 b. If any provision of this License is invalid or unenforceable under
183 applicable law, it shall not affect the validity or enforceability of
184 the remainder of the terms of this License, and without further action
185 by the parties to this agreement, such provision shall be reformed to
186 the minimum extent necessary to make such provision valid and
187 enforceable.
188 c. No term or provision of this License shall be deemed waived and no
189 breach consented to unless such waiver or consent shall be in writing
190 and signed by the party to be charged with such waiver or consent.
191 d. This License constitutes the entire agreement between the parties with
192 respect to the Work licensed here. There are no understandings,
193 agreements or representations with respect to the Work not specified
194 here. Licensor shall not be bound by any additional provisions that
195 may appear in any communication from You. This License may not be
196 modified without the mutual written agreement of the Licensor and You.
197
198
199 Creative Commons is not a party to this License, and makes no warranty
200 whatsoever in connection with the Work. Creative Commons will not be
201 liable to You or any party on any legal theory for any damages
202 whatsoever, including without limitation any general, special,
203 incidental or consequential damages arising in connection to this
204 license. Notwithstanding the foregoing two (2) sentences, if Creative
205 Commons has expressly identified itself as the Licensor hereunder, it
206 shall have all rights and obligations of Licensor.
207
208 Except for the limited purpose of indicating to the public that the
209 Work is licensed under the CCPL, neither party will use the trademark
210 "Creative Commons" or any related trademark or logo of Creative
211 Commons without the prior written consent of Creative Commons. Any
212 permitted use will be in compliance with Creative Commons'
213 then-current trademark usage guidelines, as may be published on its
214 website or otherwise made available upon request from time to time.
215
216 Creative Commons may be contacted at http://creativecommons.org/.

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