183 lines
10 KiB
Text
183 lines
10 KiB
Text
Creative Commons Attribution-NoDerivs 1.0 CREATIVE COMMONS CORPORATION IS
|
|
NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS DRAFT
|
|
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 IS PROHIBITED.
|
|
|
|
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO
|
|
BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS
|
|
CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
|
|
|
|
1. Definitions
|
|
|
|
a. "Collective Work" means a work, such as a periodical issue, anthology or
|
|
encyclopedia, in which the Work in its entirety in unmodified form, along
|
|
with a number of other contributions, constituting separate and independent
|
|
works in themselves, are assembled into a collective whole. A work that constitutes
|
|
a Collective Work will not be considered a Derivative Work (as defined below)
|
|
for the purposes of this License.
|
|
|
|
b. "Derivative Work" means a work based upon the Work or upon the Work and
|
|
other pre-existing works, such as a translation, musical arrangement, dramatization,
|
|
fictionalization, motion picture version, sound recording, art reproduction,
|
|
abridgment, condensation, or any other form in which the Work may be recast,
|
|
transformed, or adapted, except that a work that constitutes a Collective
|
|
Work will not be considered a Derivative Work for the purpose of this License.
|
|
|
|
c. "Licensor" means the individual or entity that offers the Work under the
|
|
terms of this License.
|
|
|
|
d. "Original Author" means the individual or entity who created the Work.
|
|
|
|
e. "Work" means the copyrightable work of authorship offered under the terms
|
|
of this License.
|
|
|
|
f. "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.
|
|
|
|
2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
|
|
or restrict any rights arising from fair use, first sale or other limitations
|
|
on the exclusive rights of the copyright owner 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 Collective
|
|
Works, and to reproduce the Work as incorporated in the Collective Works;
|
|
|
|
b. to distribute copies or phonorecords of, display publicly, perform publicly,
|
|
and perform publicly by means of a digital audio transmission the Work including
|
|
as incorporated in Collective Works;
|
|
|
|
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.
|
|
All rights not expressly granted by Licensor are hereby reserved.
|
|
|
|
4. Restrictions. The license granted in Section 3 above is expressly made
|
|
subject to and limited by the following restrictions:
|
|
|
|
a. You may distribute, publicly display, publicly perform, or publicly digitally
|
|
perform the Work only under the terms of this License, and You must include
|
|
a copy of, or the Uniform Resource Identifier for, this License with every
|
|
copy or phonorecord of the Work You distribute, publicly display, publicly
|
|
perform, or publicly digitally perform. You may not offer or impose any terms
|
|
on the Work that alter or restrict the terms of this License or the recipients'
|
|
exercise of the rights granted hereunder. You may not sublicense the Work.
|
|
You must keep intact all notices that refer to this License and to the disclaimer
|
|
of warranties. You may not distribute, publicly display, publicly perform,
|
|
or publicly digitally perform the Work with any technological measures that
|
|
control access or use of the Work in a manner inconsistent with the terms
|
|
of this License Agreement. The above applies to the Work as incorporated in
|
|
a Collective Work, but this does not require the Collective Work apart from
|
|
the Work itself to be made subject to the terms of this License. If You create
|
|
a Collective Work, upon notice from any Licensor You must, to the extent practicable,
|
|
remove from the Collective Work any reference to such Licensor or the Original
|
|
Author, as requested.
|
|
|
|
b. If you distribute, publicly display, publicly perform, or publicly digitally
|
|
perform the Work or any Collective Works, You must keep intact all copyright
|
|
notices for the Work and give the Original Author credit reasonable to the
|
|
medium or means You are utilizing by conveying the name (or pseudonym if applicable)
|
|
of the Original Author if supplied; the title of the Work if supplied. Such
|
|
credit may be implemented in any reasonable manner; provided, however, that
|
|
in the case of a Collective Work, at a minimum such credit will appear where
|
|
any other comparable authorship credit appears and in a manner at least as
|
|
prominent as such other comparable authorship credit.
|
|
|
|
5. Representations, Warranties and Disclaimer
|
|
|
|
a. By offering the Work for public release under this License, Licensor represents
|
|
and warrants that, to the best of Licensor's knowledge after reasonable inquiry:
|
|
|
|
i. Licensor has secured all rights in the Work necessary to grant the license
|
|
rights hereunder and to permit the lawful exercise of the rights granted hereunder
|
|
without You having any obligation to pay any royalties, compulsory license
|
|
fees, residuals or any other payments;
|
|
|
|
ii. The Work does not infringe the copyright, trademark, publicity rights,
|
|
common law rights or any other right of any third party or constitute defamation,
|
|
invasion of privacy or other tortious injury to any third party.
|
|
|
|
b. EXCEPT AS EXPRESSLY STATED IN THIS LICENSE OR OTHERWISE AGREED IN WRITING
|
|
OR REQUIRED BY APPLICABLE LAW, THE WORK IS LICENSED ON AN "AS IS" BASIS, WITHOUT
|
|
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
|
|
ANY WARRANTIES REGARDING THE CONTENTS OR ACCURACY OF THE WORK.
|
|
|
|
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW,
|
|
AND EXCEPT FOR DAMAGES ARISING FROM LIABILITY TO A THIRD PARTY RESULTING FROM
|
|
BREACH OF THE WARRANTIES IN SECTION 5, 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 Collective Works 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 digitally perform the Work or a Collective
|
|
Work, 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. 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.
|
|
|
|
c. 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.
|
|
|
|
d. 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.
|
|
|
|
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, neither party will use 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.
|
|
|
|
Creative Commons may be contacted at http://creativecommons.org/.
|