371 lines
23 KiB
Text
371 lines
23 KiB
Text
Creative Commons
|
|
|
|
Creative Commons Legal Code
|
|
|
|
Attribution-NonCommercial-ShareAlike 3.0 Unported
|
|
|
|
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(g) 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. "License Elements" means the following high-level license
|
|
attributes as selected by Licensor and indicated in the title of
|
|
this License: Attribution, Noncommercial, ShareAlike.
|
|
e. "Licensor" means the individual, individuals, entity or entities
|
|
that offer(s) the Work under the terms of this License.
|
|
f. "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.
|
|
g. "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.
|
|
h. "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.
|
|
i. "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.
|
|
j. "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.
|
|
|
|
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, including but not
|
|
limited to the rights described in Section 4(e).
|
|
|
|
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(d), 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(d),
|
|
as requested.
|
|
b. You may Distribute or Publicly Perform an Adaptation only under:
|
|
(i) the terms of this License; (ii) a later version of this License
|
|
with the same License Elements as this License; (iii) a Creative
|
|
Commons jurisdiction license (either this or a later license
|
|
version) that contains the same License Elements as this License
|
|
(e.g., Attribution-NonCommercial-ShareAlike 3.0 US) ("Applicable
|
|
License"). You must include a copy of, or the URI, for Applicable
|
|
License with every copy of each Adaptation You Distribute or
|
|
Publicly Perform. You may not offer or impose any terms on the
|
|
Adaptation that restrict the terms of the Applicable License or the
|
|
ability of the recipient of the Adaptation to exercise the rights
|
|
granted to that recipient under the terms of the Applicable
|
|
License. You must keep intact all notices that refer to the
|
|
Applicable License and to the disclaimer of warranties with every
|
|
copy of the Work as included in the Adaptation You Distribute or
|
|
Publicly Perform. When You Distribute or Publicly Perform the
|
|
Adaptation, You may not impose any effective technological measures
|
|
on the Adaptation that restrict the ability of a recipient of the
|
|
Adaptation from You to exercise the rights granted to that
|
|
recipient under the terms of the Applicable License. This Section
|
|
4(b) applies to the Adaptation as incorporated in a Collection, but
|
|
this does not require the Collection apart from the Adaptation
|
|
itself to be made subject to the terms of the Applicable License.
|
|
c. You may not exercise any of the rights granted to You in Section 3
|
|
above in any manner that is primarily intended for or directed
|
|
toward commercial advantage or private monetary compensation. The
|
|
exchange of the Work for other copyrighted works by means of
|
|
digital file-sharing or otherwise shall not be considered to be
|
|
intended for or directed toward commercial advantage or private
|
|
monetary compensation, provided there is no payment of any monetary
|
|
compensation in con-nection with the exchange of copyrighted works.
|
|
d. 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(d) 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.
|
|
e. 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
|
|
reserves the exclusive right to collect such royalties for any
|
|
exercise by You of the rights granted under this License if
|
|
Your exercise of such rights is for a purpose or use which is
|
|
otherwise than noncommercial as permitted under Section 4(c)
|
|
and otherwise waives the right to collect royalties through
|
|
any statutory or compulsory licensing scheme; and,
|
|
iii. Voluntary License Schemes. The Licensor reserves 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 that is for a purpose or use which is otherwise than
|
|
noncommercial as permitted under Section 4(c).
|
|
f. 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 AND TO
|
|
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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, MERCHANTABILITY,
|
|
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 THIS 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/.
|
|
|