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265 lines
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265 lines
15 KiB
[1]Creative Commons
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Creative Commons Legal Code
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Attribution-ShareAlike 2.0
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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
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INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES
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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
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CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS
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PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE
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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
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AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS
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YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF
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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,
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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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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
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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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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
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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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g. "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, 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
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other 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
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transmission the Work including as incorporated in Collective
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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
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transmission Derivative Works.
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e. For the avoidance of doubt, where the work is a musical
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composition:
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i. Performance Royalties Under Blanket Licenses. Licensor waives
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the exclusive right to collect, whether individually or via a
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performance rights society (e.g. ASCAP, BMI, SESAC),
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royalties for the public performance or public digital
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performance (e.g. webcast) of the 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
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music rights society or designated agent (e.g. Harry Fox
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Agency), royalties for any phonorecord You create from the
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Work ("cover version") and distribute, subject to the
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compulsory license created by 17 USC Section 115 of the US
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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
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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).
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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
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Licensor are hereby reserved.
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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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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
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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 reference to such Licensor or
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the Original Author, as requested. If You create a Derivative
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Work, upon notice from any Licensor You must, to the extent
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practicable, remove from the Derivative Work any reference to such
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Licensor or the Original Author, as requested.
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b. 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-ShareAlike 2.0 Japan). You must include a copy
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of, or the Uniform Resource Identifier for, this License or other
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license specified in the previous sentence with every copy or
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phonorecord of each Derivative Work You distribute, publicly
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display, publicly perform, or publicly digitally perform. You may
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not offer or impose any terms on the Derivative Works that alter
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or restrict the terms of this License or the recipients' exercise
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of the rights granted hereunder, and You must keep intact all
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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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c. 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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give the Original Author credit reasonable to the medium or means
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You are utilizing by conveying the name (or pseudonym if
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applicable) of the Original Author if supplied; the title of the
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Work if supplied; to the extent reasonably practicable, the
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Uniform 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. Representations, Warranties and Disclaimer
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UNLESS OTHERWISE AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS
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THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
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CONCERNING THE MATERIALS, 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
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ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW
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THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY
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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
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LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
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EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK,
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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
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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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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
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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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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
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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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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
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granted to 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
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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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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
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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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e. 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
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Work 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
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Commons without the prior written consent of Creative Commons. Any
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permitted use will be in compliance with Creative Commons'
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then-current trademark usage guidelines, as may be published on its
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website or otherwise made available upon request from time to time.
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Creative Commons may be contacted at [2]http://creativecommons.org/.
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[3] Back to Commons Deed
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References
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1. http://creativecommons.org/
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2. http://creativecommons.org/
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3. http://creativecommons.org/licenses/by-sa/2.0/
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