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149 lines
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149 lines
12 KiB
Creative Commons
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Creative Commons Legal Code
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ShareAlike 1.0
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS DRAFT
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LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS"
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BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR
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DAMAGES RESULTING FROM ITS USE.
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License
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR
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"LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
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AUTHORIZED UNDER THIS LICENSE IS PROHIBITED.
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS
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LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND
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CONDITIONS.
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1. Definitions
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a. "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in
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its entirety in unmodified form, along with a number of other contributions, constituting separate and
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independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective
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Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
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b. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a
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translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording,
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art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed,
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or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work
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for the purpose of this License.
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c. "Licensor" means the individual or entity that offers the Work under the terms of this License.
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d. "Original Author" means the individual or entity who created the Work.
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e. "Work" means the copyrightable work of authorship offered under the terms of this License.
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f. "You" means an individual or entity exercising rights under this License who has not previously violated the
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terms of this License with respect to the Work, or who has received express permission from the Licensor to
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exercise rights under this License despite a previous violation.
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2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from
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fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or
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other applicable laws.
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3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide,
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royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the
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rights in the Work as stated below:
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a. to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work
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as incorporated in the 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 publicly, and perform publicly by means of
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a digital audio transmission the Work including as incorporated in Collective Works;
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d. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of
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a digital audio transmission Derivative Works;
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The above rights may be exercised in all media and formats whether now known or hereafter devised. The above
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rights include the right to make such modifications as are technically necessary to exercise the rights in other
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media and formats. All rights not expressly granted by Licensor are hereby reserved.
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4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following
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restrictions:
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a. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the
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terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License
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with every copy or phonorecord of the Work 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 that alter or restrict the terms of this
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License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You
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must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not
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distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological
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measures that control access or use of the Work in a manner inconsistent with the terms of this License
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Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the
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Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a
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Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the
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Collective Work any reference to such Licensor or the Original Author, as requested. If You create a
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Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the
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Derivative Work any reference to such Licensor or the Original Author, as requested.
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b. You may distribute, publicly display, publicly perform, or publicly digitally perform a Derivative Work only
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under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this
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License with every copy or phonorecord of each Derivative Work You distribute, publicly display, publicly
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perform, or publicly digitally perform. 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' exercise of the rights granted hereunder, and
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You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not
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distribute, publicly display, publicly perform, or publicly digitally perform the Derivative Work with any
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technological measures that control access or use of the Work in a manner inconsistent with the terms of this
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License Agreement. The above applies to the Derivative Work as incorporated in a Collective Work, but this
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does not require the Collective Work apart from the Derivative Work itself to be made subject to the terms of
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this License.
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5. Representations, Warranties and Disclaimer
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a. By offering the Work for public release under this License, Licensor represents and warrants that, to the
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best of Licensor's knowledge after reasonable inquiry:
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i. Licensor has secured all rights in the Work necessary to grant the license rights hereunder and to
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permit the lawful exercise of the rights granted hereunder without You having any obligation to pay any
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royalties, compulsory license fees, residuals or any other payments;
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ii. The Work does not infringe the copyright, trademark, publicity rights, common law rights or any other
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right of any third party or constitute defamation, invasion of privacy or other tortious injury to any
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third party.
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b. EXCEPT AS EXPRESSLY STATED IN THIS LICENSE OR OTHERWISE AGREED IN WRITING OR REQUIRED BY APPLICABLE LAW, THE
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WORK IS LICENSED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING,
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WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE CONTENTS OR ACCURACY OF THE WORK.
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6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, AND EXCEPT FOR DAMAGES ARISING FROM
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LIABILITY TO A THIRD PARTY RESULTING FROM BREACH OF THE WARRANTIES IN SECTION 5, IN NO EVENT WILL LICENSOR BE
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LIABLE TO YOU ON ANY LEGAL THEORY FOR 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 BEEN ADVISED OF THE POSSIBILITY OF SUCH
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DAMAGES.
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7. Termination
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a. This License and the rights granted hereunder will terminate automatically upon any breach by You of the
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terms of this License. Individuals or entities who have received Derivative Works or Collective Works from
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You under this License, however, will not have their licenses terminated provided such individuals or
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entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any
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termination of this License.
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b. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the
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applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work
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under different license terms or to stop 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 license that has been, or is required to be,
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granted under the terms of this License), and this License will continue in full force and effect unless
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terminated as stated above.
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8. Miscellaneous
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a. Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to
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the recipient a license to the Work on the same terms and conditions as the license granted to You under this
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License.
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b. Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a
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license to the original Work on the same terms and conditions as the license granted to You under this
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License.
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c. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the
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validity or enforceability of the remainder of the terms of this License, and without further action by the
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parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such
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provision valid and enforceable.
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d. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or
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consent shall be in writing 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 with respect to the Work licensed here.
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There are no understandings, agreements or representations with respect to the Work not specified here.
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Licensor shall not be bound by any additional provisions that may appear in any communication from You. This
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License may not be modified 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 whatsoever in connection with the Work.
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Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including
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without limitation any general, special, incidental or consequential damages arising in connection to this
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license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as
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the Licensor hereunder, it 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 is licensed under the CCPL, neither
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party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the
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prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons'
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then-current trademark usage guidelines, as may be published on its website or otherwise made available upon
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request from time to time.
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Creative Commons may be contacted at http://creativecommons.org/.
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