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227 lines
13 KiB
227 lines
13 KiB
Creative Commons Legal Code
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Attribution 2.5
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE
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LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN
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ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION
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ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE
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INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM
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ITS USE.
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License
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
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COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
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COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
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AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE
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TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE
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RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS
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AND CONDITIONS.
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1. Definitions
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a. "Collective Work" means a work, such as a periodical issue,
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anthology or encyclopedia, in which the Work in its entirety in
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unmodified form, along with a number of other contributions,
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constituting separate and independent works in themselves, are assembled
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into a collective whole. A work that constitutes a Collective Work will
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not be considered a Derivative Work (as defined below) for the purposes
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of this License.
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b. "Derivative Work" means a work based upon the Work or upon the
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Work and other pre-existing works, such as a translation, musical
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arrangement, dramatization, fictionalization, motion picture version,
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sound recording, art reproduction, abridgment, condensation, or any
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other form in which the Work may be recast, transformed, or adapted,
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except that a work that constitutes a Collective Work will not be
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considered a Derivative Work for the purpose of this License. For the
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avoidance of doubt, where the Work is a musical composition or sound
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recording, the synchronization of the Work in timed-relation with a
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moving image ("synching") will be considered a Derivative Work for the
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purpose of this License.
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c. "Licensor" means the individual or entity that offers the Work
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under the terms of this License.
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d. "Original Author" means the individual or entity who created the
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Work.
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e. "Work" means the copyrightable work of authorship offered under
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the terms of this License.
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f. "You" means an individual or entity exercising rights under this
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License who has not previously violated the terms of this License with
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respect to the Work, or who has received express permission from the
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Licensor to exercise rights under this License despite a previous
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violation.
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2. Fair Use Rights. Nothing in this license is intended to reduce,
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limit, or restrict any rights arising from fair use, first sale or other
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limitations on the exclusive rights of the copyright owner under
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copyright law or other applicable laws.
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3. License Grant. Subject to the terms and conditions of this License,
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Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
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perpetual (for the duration of the applicable copyright) license to
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exercise the rights in the Work as stated below:
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a. to reproduce the Work, to incorporate the Work into one or more
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Collective Works, and to reproduce the Work as incorporated in the
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Collective Works;
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b. to create and reproduce Derivative Works;
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c. to distribute copies or phonorecords of, display publicly, perform
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publicly, and perform publicly by means of a digital audio transmission
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the Work including as incorporated in Collective Works;
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d. to distribute copies or phonorecords of, display publicly, perform
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publicly, and perform publicly by means of a digital audio transmission
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Derivative Works.
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e. For the avoidance of doubt, where the work is a musical composition:
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i. Performance Royalties Under Blanket Licenses. Licensor
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waives the exclusive right to collect, whether individually or via a
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performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the
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public performance or public digital performance (e.g. webcast) of the
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Work.
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ii. Mechanical Rights and Statutory Royalties. Licensor waives
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the exclusive right to collect, whether individually or via a music
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rights agency or designated agent (e.g. Harry Fox Agency), royalties for
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any phonorecord You create from the Work ("cover version") and
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distribute, subject to the compulsory license created by 17 USC Section
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115 of the US Copyright Act (or the equivalent in other jurisdictions).
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f. Webcasting Rights and Statutory Royalties. For the avoidance of
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doubt, where the Work is a sound recording, Licensor waives the
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exclusive right to collect, whether individually or via a
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performance-rights society (e.g. SoundExchange), royalties for the
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public digital performance (e.g. webcast) of the Work, subject to the
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compulsory license created by 17 USC Section 114 of the US Copyright Act
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(or the equivalent in other jurisdictions).
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The above rights may be exercised in all media and formats whether now
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known or hereafter devised. The above rights include the right to make
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such modifications as are technically necessary to exercise the rights
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in other media and formats. All rights not expressly granted by Licensor
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are hereby reserved.
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4. Restrictions.The license granted in Section 3 above is expressly made
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subject to and limited by the following restrictions:
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a. You may distribute, publicly display, publicly perform, or
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publicly digitally perform the Work only under the terms of this
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License, and You must include a copy of, or the Uniform Resource
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Identifier for, this License with every copy or phonorecord of the Work
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You distribute, publicly display, publicly perform, or publicly
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digitally perform. You may not offer or impose any terms on the Work
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that alter or restrict the terms of this License or the recipients'
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exercise of the rights granted hereunder. You may not sublicense the
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Work. You must keep intact all notices that refer to this License and to
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the disclaimer of warranties. You may not distribute, publicly display,
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publicly perform, or publicly digitally perform the Work with any
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technological measures that control access or use of the Work in a
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manner inconsistent with the terms of this License Agreement. The above
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applies to the Work as incorporated in a Collective Work, but this does
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not require the Collective Work apart from the Work itself to be made
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subject to the terms of this License. If You create a Collective Work,
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upon notice from any Licensor You must, to the extent practicable,
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remove from the Collective Work any credit as required by clause 4(b),
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as requested. If You create a Derivative Work, upon notice from any
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Licensor You must, to the extent practicable, remove from the Derivative
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Work any credit as required by clause 4(b), as requested.
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b. If you distribute, publicly display, publicly perform, or publicly
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digitally perform the Work or any Derivative Works or Collective Works,
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You must keep intact all copyright notices for the Work and provide,
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reasonable to the medium or means You are utilizing: (i) the name of the
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Original Author (or pseudonym, if applicable) if supplied, and/or (ii)
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if the Original Author and/or Licensor designate another party or
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parties (e.g. a sponsor institute, publishing entity, journal) for
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attribution in Licensor's copyright notice, terms of service or by other
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reasonable means, the name of such party or parties; the title of the
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Work if supplied; to the extent reasonably practicable, the Uniform
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Resource Identifier, if any, that Licensor specifies to be associated
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with the Work, unless such URI does not refer to the copyright notice or
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licensing information for the Work; and in the case of a Derivative
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Work, a credit identifying the use of the Work in the Derivative Work
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(e.g., "French translation of the Work by Original Author," or
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"Screenplay based on original Work by Original Author"). Such credit may
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be implemented in any reasonable manner; provided, however, that in the
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case of a Derivative Work or Collective Work, at a minimum such credit
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will appear where any other comparable authorship credit appears and in
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a manner at least as prominent as such other comparable authorship
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credit.
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5. Representations, Warranties and Disclaimer
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
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OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
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KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
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INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
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FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
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LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS,
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WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE
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EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
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6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE
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LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR
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ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES
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ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS
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BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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7. Termination
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a. This License and the rights granted hereunder will terminate
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automatically upon any breach by You of the terms of this License.
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Individuals or entities who have received Derivative Works or Collective
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Works from You under this License, however, will not have their licenses
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terminated provided such individuals or entities remain in full
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compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will
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survive any termination of this License.
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b. Subject to the above terms and conditions, the license granted
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here is perpetual (for the duration of the applicable copyright in the
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Work). Notwithstanding the above, Licensor reserves the right to release
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the Work under different license terms or to stop distributing the Work
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at any time; provided, however that any such election will not serve to
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withdraw this License (or any other license that has been, or is
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required to be, granted under the terms of this License), and this
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License will continue in full force and effect unless terminated as
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stated above.
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8. Miscellaneous
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a. Each time You distribute or publicly digitally perform the Work or
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a Collective Work, the Licensor offers to the recipient a license to the
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Work on the same terms and conditions as the license granted to You
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under this License.
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b. Each time You distribute or publicly digitally perform a
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Derivative Work, Licensor offers to the recipient a license to the
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original Work on the same terms and conditions as the license granted to
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You under this License.
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c. If any provision of this License is invalid or unenforceable under
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applicable law, it shall not affect the validity or enforceability of
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the remainder of the terms of this License, and without further action
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by the parties to this agreement, such provision shall be reformed to
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the minimum extent necessary to make such provision valid and
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enforceable.
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d. No term or provision of this License shall be deemed waived and no
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breach consented to unless such waiver or consent shall be in writing
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and signed by the party to be charged with such waiver or consent.
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e. This License constitutes the entire agreement between the parties
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with respect to the Work licensed here. There are no understandings,
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agreements or representations with respect to the Work not specified
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here. Licensor shall not be bound by any additional provisions that may
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appear in any communication from You. This License may not be modified
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without the mutual written agreement of the Licensor and You.
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Creative Commons is not a party to this License, and makes no warranty
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whatsoever in connection with the Work. Creative Commons will not be
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liable to You or any party on any legal theory for any damages
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whatsoever, including without limitation any general, special,
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incidental or consequential damages arising in connection to this
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license. Notwithstanding the foregoing two (2) sentences, if Creative
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Commons has expressly identified itself as the Licensor hereunder, it
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shall have all rights and obligations of Licensor.
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Except for the limited purpose of indicating to the public that the Work
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is licensed under the CCPL, neither party will use the trademark
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"Creative Commons" or any related trademark or logo of Creative Commons
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without the prior written consent of Creative Commons. Any permitted use
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will be in compliance with Creative Commons' then-current trademark
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usage guidelines, as may be published on its website or otherwise made
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available upon request from time to time.
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Creative Commons may be contacted at http://creativecommons.org/.
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