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