You can not select more than 25 topics
Topics must start with a letter or number, can include dashes ('-') and can be up to 35 characters long.
174 lines
18 KiB
174 lines
18 KiB
Creative Commons Attribution 3.0 License Agreement
|
|
|
|
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN
|
|
ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE
|
|
INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
|
|
|
|
License
|
|
|
|
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
|
|
COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
|
|
|
|
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE
|
|
CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
|
|
|
|
1. Definitions
|
|
|
|
a. "Adaptation" means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work,
|
|
arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any
|
|
other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work
|
|
that constitutes a Collection will not be considered an Adaptation for the purpose of this License. For the avoidance of doubt, where the Work is a
|
|
musical work, performance or phonogram, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered an
|
|
Adaptation for the purpose of this License.
|
|
b. "Collection" means a collection of literary or artistic works, such as encyclopedias and anthologies, or performances, phonograms or broadcasts,
|
|
or other works or subject matter other than works listed in Section 1(f) below, which, by reason of the selection and arrangement of their contents,
|
|
constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each
|
|
constituting separate and independent works in themselves, which together are assembled into a collective whole. A work that constitutes a Collection
|
|
will not be considered an Adaptation (as defined above) for the purposes of this License.
|
|
c. "Distribute" means to make available to the public the original and copies of the Work or Adaptation, as appropriate, through sale or other
|
|
transfer of ownership.
|
|
d. "Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this License.
|
|
e. "Original Author" means, in the case of a literary or artistic work, the individual, individuals, entity or entities who created the Work or if
|
|
no individual or entity can be identified, the publisher; and in addition (i) in the case of a performance the actors, singers, musicians, dancers, and
|
|
other persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary or artistic works or expressions of folklore; (ii) in
|
|
the case of a phonogram the producer being the person or legal entity who first fixes the sounds of a performance or other sounds; and, (iii) in the
|
|
case of broadcasts, the organization that transmits the broadcast.
|
|
f. "Work" means the literary and/or artistic work offered under the terms of this License including without limitation any production in the
|
|
literary, scientific and artistic domain, whatever may be the mode or form of its expression including digital form, such as a book, pamphlet and other
|
|
writing; a lecture, address, sermon or other work of the same nature; a dramatic or dramatico-musical work; a choreographic work or entertainment in
|
|
dumb show; a musical composition with or without words; a cinematographic work to which are assimilated works expressed by a process analogous to
|
|
cinematography; a work of drawing, painting, architecture, sculpture, engraving or lithography; a photographic work to which are assimilated works
|
|
expressed by a process analogous to photography; a work of applied art; an illustration, map, plan, sketch or three-dimensional work relative to
|
|
geography, topography, architecture or science; a performance; a broadcast; a phonogram; a compilation of data to the extent it is protected as a
|
|
copyrightable work; or a work performed by a variety or circus performer to the extent it is not otherwise considered a literary or artistic work.
|
|
g. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect
|
|
to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
|
|
h. "Publicly Perform" means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or
|
|
process, including by wire or wireless means or public digital performances; to make available to the public Works in such a way that members of the
|
|
public may access these Works from a place and at a place individually chosen by them; to perform the Work to the public by any means or process and
|
|
the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any
|
|
means including signs, sounds or images.
|
|
i. "Reproduce" means to make copies of the Work by any means including without limitation by sound or visual recordings and the right of fixation
|
|
and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or other electronic medium.
|
|
|
|
2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from
|
|
limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.
|
|
|
|
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual
|
|
(for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
|
|
|
|
a. to Reproduce the Work, to incorporate the Work into one or more Collections, and to Reproduce the Work as incorporated in the Collections;
|
|
b. to create and Reproduce Adaptations provided that any such Adaptation, including any translation in any medium, takes reasonable steps to clearly
|
|
label, demarcate or otherwise identify that changes were made to the original Work. For example, a translation could be marked "The original work was
|
|
translated from English to Spanish," or a modification could indicate "The original work has been modified.";
|
|
c. to Distribute and Publicly Perform the Work including as incorporated in Collections; and,
|
|
d. to Distribute and Publicly Perform Adaptations.
|
|
d.
|
|
|
|
For the avoidance of doubt:
|
|
i. Non-waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory
|
|
licensing scheme cannot be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by You of the rights granted
|
|
under this License;
|
|
ii. Waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory
|
|
licensing scheme can be waived, the Licensor waives the exclusive right to collect such royalties for any exercise by You of the rights granted under
|
|
this License; and,
|
|
iii. Voluntary License Schemes. The Licensor waives the right to collect royalties, whether individually or, in the event that the Licensor is a
|
|
member of a collecting society that administers voluntary licensing schemes, via that society, from any exercise by You of the rights granted under
|
|
this License.
|
|
|
|
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such
|
|
modifications as are technically necessary to exercise the rights in other media and formats. Subject to Section 8(f), all rights not expressly granted
|
|
by Licensor are hereby reserved.
|
|
|
|
4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
|
|
|
|
a. You may Distribute or Publicly Perform the Work only under the terms of this License. You must include a copy of, or the Uniform Resource
|
|
Identifier (URI) for, this License with every copy of the Work You Distribute or Publicly Perform. You may not offer or impose any terms on the Work
|
|
that restrict the terms of this License or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of
|
|
the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties with
|
|
every copy of the Work You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work, You may not impose any effective
|
|
technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under
|
|
the terms of the License. This Section 4(a) applies to the Work as incorporated in a Collection, but this does not require the Collection apart from
|
|
the Work itself to be made subject to the terms of this License. If You create a Collection, upon notice from any Licensor You must, to the extent
|
|
practicable, remove from the Collection any credit as required by Section 4(b), as requested. If You create an Adaptation, upon notice from any
|
|
Licensor You must, to the extent practicable, remove from the Adaptation any credit as required by Section 4(b), as requested.
|
|
b. If You Distribute, or Publicly Perform the Work or any Adaptations or Collections, You must, unless a request has been made pursuant to Section
|
|
4(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original
|
|
Author (or pseudonym, if applicable) if supplied, and/or if the Original Author and/or Licensor designate another party or parties (e.g., a sponsor
|
|
institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable
|
|
means, the name of such party or parties; (ii) the title of the Work if supplied; (iii) to the extent reasonably practicable, the URI, if any, that
|
|
Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and
|
|
(iv) , consistent with Section 3(b), in the case of an Adaptation, a credit identifying the use of the Work in the Adaptation (e.g., "French
|
|
translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). The credit required by this Section 4 (b) may
|
|
be implemented in any reasonable manner; provided, however, that in the case of a Adaptation or Collection, at a minimum such credit will appear, if a
|
|
credit for all contributing authors of the Adaptation or Collection appears, then as part of these credits and in a manner at least as prominent as the
|
|
credits for the other contributing authors. For the avoidance of doubt, You may only use the credit required by this Section for the purpose of
|
|
attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any
|
|
connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the
|
|
Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.
|
|
c. Except as otherwise agreed in writing by the Licensor or as may be otherwise permitted by applicable law, if You Reproduce, Distribute or
|
|
Publicly Perform the Work either by itself or as part of any Adaptations or Collections, You must not distort, mutilate, modify or take other
|
|
derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation. Licensor agrees that in those
|
|
jurisdictions (e.g. Japan), in which any exercise of the right granted in Section 3(b) of this License (the right to make Adaptations) would be deemed
|
|
to be a distortion, mutilation, modification or other derogatory action prejudicial to the Original Author's honor and reputation, the Licensor will
|
|
waive or not assert, as appropriate, this Section, to the fullest extent permitted by the applicable national law, to enable You to reasonably exercise
|
|
Your right under Section 3(b) of this License (right to make Adaptations) but not otherwise.
|
|
|
|
5. Representations, Warranties and Disclaimer
|
|
|
|
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
|
|
CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A
|
|
PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT
|
|
DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
|
|
|
|
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY
|
|
SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED
|
|
OF THE POSSIBILITY OF SUCH DAMAGES.
|
|
|
|
7. Termination
|
|
|
|
a. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or
|
|
entities who have received Adaptations or Collections from You under this License, however, will not have their licenses terminated provided such
|
|
individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
|
|
b. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work).
|
|
Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time;
|
|
provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted
|
|
under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
|
|
|
|
8. Miscellaneous
|
|
|
|
a. Each time You Distribute or Publicly Perform the Work or a Collection, the Licensor offers to the recipient a license to the Work on the same
|
|
terms and conditions as the license granted to You under this License.
|
|
b. Each time You Distribute or Publicly Perform an Adaptation, Licensor offers to the recipient a license to the original Work on the same terms and
|
|
conditions as the license granted to You under this License.
|
|
c. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the
|
|
remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum
|
|
extent necessary to make such provision valid and enforceable.
|
|
d. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and
|
|
signed by the party to be charged with such waiver or consent.
|
|
e. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements
|
|
or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any
|
|
communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
|
|
f. The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for
|
|
the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the
|
|
WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter
|
|
take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to the corresponding provisions of the
|
|
implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law
|
|
includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not
|
|
intended to restrict the license of any rights under applicable law.
|
|
|
|
Creative Commons Notice
|
|
|
|
Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable
|
|
to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential
|
|
damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as
|
|
the Licensor hereunder, it shall have all rights and obligations of Licensor.
|
|
|
|
Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, Creative Commons does not authorize the use by
|
|
either party of the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative
|
|
Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or
|
|
otherwise made available upon request from time to time. For the avoidance of doubt, this trademark restriction does not form part of this License.
|
|
|
|
Creative Commons may be contacted at http://creativecommons.org/.
|
|
|