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213 lines
12 KiB
213 lines
12 KiB
Creative Commons Legal Code
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Sampling Plus 1.0
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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 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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a. "Collective Work" means a work, such as a periodical issue, anthology
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or encyclopedia, in which the Work in its entirety in unmodified form,
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along with a number of other contributions, constituting separate and
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independent works in themselves, are assembled into a collective
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whole. A work that constitutes a Collective Work will not be
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considered a Derivative Work (as defined below) for the purposes of
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this License.
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b. "Derivative Work" means a work based upon the Work or upon the Work
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and other pre-existing works, such as a translation, musical
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arrangement, dramatization, fictionalization, motion picture version,
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sound recording, art reproduction, abridgment, condensation, or any
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other form in which the Work may be recast, transformed, or adapted,
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except that a work that constitutes a Collective Work will not 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
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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
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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 with
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respect to the Work, or who has received express permission from the
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Licensor to exercise rights under this License despite a previous
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violation.
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2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
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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 copyright
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law or other applicable laws.
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this License, Licensor hereby grants You a worldwide, royalty-free, non-
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exclusive, perpetual (for the duration of the applicable copyright)
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license to exercise the rights in the Work as stated below on the
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conditions as stated below:
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a. Re-creativity permitted. You may create and reproduce Derivative
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Works, provided that:
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i. the Derivative Work(s) constitute a good-faith partial or
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recombined usage employing "sampling," "collage," "mash-up," or
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other comparable artistic technique, whether now known or
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hereafter devised, that is highly transformative of the original,
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as appropriate to the medium, genre, and market niche; and
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ii. Your Derivative Work(s) must only make a partial use of the
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original Work, or if You choose to use the original Work as a
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whole, You must either use the Work as an insubstantial portion
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substantially different from the original Work. In the case of a
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musical Work and/or audio recording, the mere synchronization
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("synching") of the Work with a moving image shall not be
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considered a transformation of the Work into something
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substantially different.
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b. You may distribute copies or phonorecords of, display publicly,
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perform publicly, and perform publicly by means of a digital audio
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transmission, any Derivative Work(s) authorized under this License.
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c. Prohibition on advertising. All advertising and promotional uses are
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excluded from the above rights, except for advertisement and promotion
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of the Derivative Work(s) that You are creating from the Work and
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Yourself as the author thereof.
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d. Noncommercial sharing of verbatim copies permitted.
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i. You may reproduce the Work, incorporate the Work into one or more
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Collective Works, and reproduce the Work as incorporated in the
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Collective Works. You may distribute copies or phonorecords of,
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display publicly, perform publicly, and perform publicly by means
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of a digital audio transmission the Work including or incorporated
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in Collective Works.
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ii. You may not exercise any of the rights granted to You in the
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paragraph immediately above in any manner that is primarily
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intended for or directed toward commercial advantage or private
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monetary compensation. The exchange of the Work for other
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copyrighted works by means of digital file-sharing or otherwise
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shall not be considered to be intended for or directed toward
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commercial advantage or private monetary compensation, provided
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there is no payment of any monetary compensation in connection
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with the exchange of copyrighted works.
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e. Attribution and Notice.
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i. 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, provide
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the Uniform Resource Identifier, if any, that Licensor specifies
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to be associated with the Work or a Derivative Work, unless such
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Uniform Resource Identifier does not refer to the copyright notice
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or licensing information for the Work; and in the case of a
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Derivative Work, provide a credit identifying the use of the Work
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in the Derivative Work (e.g., "Remix of the Work by Original
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Author," or "Inclusion of a portion of the Work by Original Author
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in collage"). Such credit may be implemented in any reasonable
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manner; provided, however, that in the case of a Derivative Work
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or Collective Work, at a minimum such credit will appear where any
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other comparable authorship credit appears and in a manner at
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least as prominent as such other comparable authorship credit.
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ii. You may distribute, publicly display, publicly perform or publicly
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digitally perform the Work only under the terms of this License,
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and You must include a copy of, or the Uniform Resource Identifier
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for, this License with every copy or phonorecord of the Work or
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Derivative Work You distribute, publicly display, publicly
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perform, or publicly digitally perform. You may not offer or
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impose any terms on the Work that alter or restrict the terms of
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this License or the recipients' exercise of the rights granted
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hereunder. You may not sublicense the Work. 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 Work with any
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technological measures that control access of use of the Work in a
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manner inconsistent with the terms of this License. The above
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applies to the Work as incorporated in a Collective Work, but this
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does not require the Collective Work apart from the Work itself to
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be made subject to the terms of this License. Upon notice from any
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Licensor You must, to the extent practicable, remove from the
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Derivative Work or Collective Work any reference to such Licensor
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or the Original Author, as requested.
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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 in
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other media and formats. All rights not expressly granted by Licensor are
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hereby reserved.
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4. Disclaimer
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UNLESS SPECIFIED OTHERWISE BY THE PARTIES IN A SEPARATE WRITING, LICENSOR
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OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS
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OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE,
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MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE
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ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE
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OF ERRORS, WHETHER OR NOT DISCOVERABLE.
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5. Limitation on Liability.
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IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY
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SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING
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OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN
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ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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6. 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 have
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their licenses terminated provided such individuals or entities remain
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in full compliance with those licenses. Sections 1, 2, 4, 5, 6, and 7
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will survive any termination of this License.
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b. Subject to the above terms and conditions, the license granted here is
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perpetual (for the duration of the applicable copyright in the Work).
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Notwithstanding the above, Licensor reserves the right to release the
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Work under different license terms or to stop distributing the Work at
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any time; provided, however that any such election will not serve to
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withdraw this License (or any other license that has been granted
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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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7. Miscellaneous
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a. Each time You distribute or publicly digitally perform the Work or a
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Collective Work, the Licensor offers to the recipient a license to the
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Work on the same terms and conditions as the license granted to You
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under this License.
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b. Each time You distribute or publicly digitally perform a Derivative
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Work, Licensor offers to the recipient a license to the original Work
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on the same terms and conditions as the license granted to You under
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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 of
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the remainder of the terms of this License, and without further action
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by the parties to this agreement, such provision shall be reformed to
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the minimum extent necessary to make such provision valid and
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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 writing
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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
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respect to the Work licensed here. There are no understandings,
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agreements, or representations with respect to the Work, and with
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respect to the subject matter hereof, not specified above. Licensor
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shall not be bound by any additional provisions that may appear in any
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communication from You. This License may not be modified without the
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mutual written agreement of the Licensor and You.
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