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282 lines
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282 lines
16 KiB
Creative Commons Legal Code
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*Attribution-NonCommercial-ShareAlike 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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1. *"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
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assembled into a collective whole. A work that constitutes a
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Collective Work will not be considered a Derivative Work (as
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defined below) for the purposes of this License.
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2. *"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
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version, sound recording, art reproduction, abridgment,
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condensation, or any other form in which the Work may be recast,
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transformed, or adapted, except that a work that constitutes a
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Collective Work will not be considered a Derivative Work for the
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purpose of this License. For the avoidance of doubt, where the
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Work is a musical composition or sound recording, the
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synchronization of the Work in timed-relation with a moving image
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("synching") will be considered a Derivative Work for the purpose
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of this License.
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3. *"Licensor"* means the individual or entity that offers the Work
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under the terms of this License.
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4. *"Original Author"* means the individual or entity who created the
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Work.
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5. *"Work"* means the copyrightable work of authorship offered under
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the terms of this License.
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6. *"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
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with respect to the Work, or who has received express permission
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from the Licensor to exercise rights under this License despite a
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previous violation.
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7. *"License Elements"* means the following high-level license
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attributes as selected by Licensor and indicated in the title of
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this License: Attribution, Noncommercial, ShareAlike.
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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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1. 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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2. to create and reproduce Derivative Works;
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3. to distribute copies or phonorecords of, display publicly, perform
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publicly, and perform publicly by means of a digital audio
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transmission the Work including as incorporated in Collective Works;
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4. to distribute copies or phonorecords of, display publicly, perform
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publicly, and perform publicly by means of a digital audio
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transmission Derivative Works;
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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, including but not limited to the rights set forth
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in Sections 4(e) and 4(f).
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*4. Restrictions.*The license granted in Section 3 above is expressly
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made subject to and limited by the following restrictions:
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1. 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
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Work You distribute, publicly display, publicly perform, or
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publicly digitally perform. You may not offer or impose any terms
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on the Work that alter or restrict the terms of this License or
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the recipients' exercise of the rights granted hereunder. You may
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not sublicense the Work. You must keep intact all notices that
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refer to this License and to the disclaimer of warranties. You may
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not distribute, publicly display, publicly perform, or publicly
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digitally perform the Work with any technological measures that
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control access or use of the Work in a manner inconsistent with
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the terms of this License Agreement. The above applies to the Work
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as incorporated in a Collective Work, but this does not require
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the Collective Work apart from the Work itself to be made subject
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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
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4(d), as requested. If You create a Derivative Work, upon notice
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from any Licensor You must, to the extent practicable, remove from
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the Derivative Work any credit as required by clause 4(d), as
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requested.
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2. You may distribute, publicly display, publicly perform, or
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publicly digitally perform a Derivative Work only under the terms
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of this License, a later version of this License with the same
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License Elements as this License, or a Creative Commons iCommons
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license that contains the same License Elements as this License
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(e.g. Attribution-NonCommercial-ShareAlike 2.5 Japan). You must
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include a copy of, or the Uniform Resource Identifier for, this
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License or other license specified in the previous sentence with
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every copy or phonorecord of each Derivative Work You distribute,
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publicly display, publicly perform, or publicly digitally perform.
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You may not offer or impose any terms on the Derivative Works that
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alter or restrict the terms of this License or the recipients'
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exercise of the rights granted hereunder, and You must keep intact
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all notices that refer to this License and to the disclaimer of
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warranties. You may not distribute, publicly display, publicly
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perform, or publicly digitally perform the Derivative Work with
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any technological measures that control access or use of the Work
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in a manner inconsistent with the terms of this License Agreement.
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The above applies to the Derivative Work as incorporated in a
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Collective Work, but this does not require the Collective Work
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apart from the Derivative Work itself to be made subject to the
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terms of this License.
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3. You may not exercise any of the rights granted to You in Section 3
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above in any manner that is primarily intended for or directed
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toward commercial advantage or private monetary compensation. The
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exchange of the Work for other copyrighted works by means of
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digital file-sharing or otherwise shall not be considered to be
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intended for or directed toward commercial advantage or private
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monetary compensation, provided there is no payment of any
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monetary compensation in connection with the exchange of
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copyrighted works.
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4. If you distribute, publicly display, publicly perform, or publicly
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digitally perform the Work or any Derivative Works or Collective
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Works, You must keep intact all copyright notices for the Work and
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provide, reasonable to the medium or means You are utilizing: (i)
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the name of the Original Author (or pseudonym, if applicable) if
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supplied, and/or (ii) if the Original Author and/or Licensor
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designate another party or parties (e.g. a sponsor institute,
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publishing entity, journal) for attribution in Licensor's
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copyright notice, terms of service or by other reasonable means,
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the name of such party or parties; the title of the Work if
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supplied; to the extent reasonably practicable, the Uniform
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Resource Identifier, if any, that Licensor specifies to be
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associated with the Work, unless such URI does not refer to the
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copyright notice or licensing information for the Work; and in the
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case of a Derivative Work, a credit identifying the use of the
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Work in the Derivative Work (e.g., "French translation of the Work
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by Original Author," or "Screenplay based on original Work by
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Original Author"). Such credit may be implemented in any
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reasonable manner; provided, however, that in the case of a
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Derivative Work or Collective Work, at a minimum such credit will
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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.
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For the avoidance of doubt, where the Work is a musical composition:
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1. *Performance Royalties Under Blanket Licenses*. Licensor
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reserves the exclusive right to collect, whether
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individually or via a performance rights society (e.g.
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ASCAP, BMI, SESAC), royalties for the public performance or
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public digital performance (e.g. webcast) of the Work if
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that performance is primarily intended for or directed
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toward commercial advantage or private monetary compensation.
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2. *Mechanical Rights and Statutory Royalties*. Licensor
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reserves the exclusive right to collect, whether
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individually or via a music rights agency or designated
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agent (e.g. Harry Fox Agency), royalties for any phonorecord
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You create from the Work ("cover version") and distribute,
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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
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jurisdictions), if Your distribution of such cover version
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is primarily intended for or directed toward commercial
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advantage or private monetary compensation.
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6. *Webcasting Rights and Statutory Royalties*. For the avoidance of
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doubt, where the Work is a sound recording, Licensor reserves 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
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the compulsory license created by 17 USC Section 114 of the US
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Copyright Act (or the equivalent in other jurisdictions), if Your
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public digital performance is primarily intended for or directed
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toward commercial advantage or private monetary compensation.
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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
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APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL
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THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY
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DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF
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LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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*7. Termination*
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1. 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
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Collective Works from You under this License, however, will not
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have their licenses terminated provided such individuals or
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entities remain in full compliance with those licenses. Sections
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1, 2, 5, 6, 7, and 8 will survive any termination of this License.
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2. 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
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the Work). Notwithstanding the above, Licensor reserves the right
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to release the Work under different license terms or to stop
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distributing the Work at any time; provided, however that any such
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election will not serve to withdraw this License (or any other
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license that has been, or is required to be, granted under the
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terms of this License), and this License will continue in full
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force and effect unless terminated as stated above.
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*8. Miscellaneous*
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1. 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
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to the Work on the same terms and conditions as the license
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granted to You under this License.
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2. 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
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granted to You under this License.
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3. 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
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of the remainder of the terms of this License, and without further
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action by the parties to this agreement, such provision shall be
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reformed to the minimum extent necessary to make such provision
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valid and enforceable.
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4. 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
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writing and signed by the party to be charged with such waiver or
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consent.
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5. This License constitutes the entire agreement between the parties
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with respect to the Work licensed here. There are no
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understandings, agreements or representations with respect to the
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Work not specified here. Licensor shall not be bound by any
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additional provisions that may appear in any communication from
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You. This License may not be modified without the mutual written
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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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<http://creativecommons.org>.
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