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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. THE LICENSOR GRANTS YOU THE
RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS
AND CONDITIONS.
*1. Definitions*
1. *"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.
2. *"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. For the avoidance of doubt, where the
Work is a musical composition or sound recording, the
synchronization of the Work in timed-relation with a moving image
("synching") will be considered a Derivative Work for the purpose
of this License.
3. *"Licensor"* means the individual or entity that offers the Work
under the terms of this License.
4. *"Original Author"* means the individual or entity who created the
Work.
5. *"Work"* means the copyrightable work of authorship offered under
the terms of this License.
6. *"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:
1. 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;
2. to create and reproduce Derivative Works;
3. 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;
4. to distribute copies or phonorecords of, display publicly, perform
publicly, and perform publicly by means of a digital audio
transmission Derivative Works.
5.
For the avoidance of doubt, where the work is a musical composition:
1. *Performance Royalties Under Blanket Licenses*. Licensor
waives the exclusive right to collect, whether individually
or via a performance rights society (e.g. ASCAP, BMI,
SESAC), royalties for the public performance or public
digital performance (e.g. webcast) of the Work.
2. *Mechanical Rights and Statutory Royalties*. Licensor waives
the exclusive right to collect, whether individually or via
a music rights agency or designated agent (e.g. Harry Fox
Agency), royalties for any phonorecord You create from the
Work ("cover version") and distribute, subject to the
compulsory license created by 17 USC Section 115 of the US
Copyright Act (or the equivalent in other jurisdictions).
6. *Webcasting Rights and Statutory Royalties*. For the avoidance of
doubt, where the Work is a sound recording, Licensor waives the
exclusive right to collect, whether individually or via a
performance-rights society (e.g. SoundExchange), royalties for the
public digital performance (e.g. webcast) of the Work, subject to
the compulsory license created by 17 USC Section 114 of the US
Copyright Act (or the equivalent in other jurisdictions).
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:
1. 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 credit as required by clause
4(b), as requested. If You create a Derivative Work, upon notice
from any Licensor You must, to the extent practicable, remove from
the Derivative Work any credit as required by clause 4(b), as
requested.
2. If you distribute, publicly display, publicly perform, or publicly
digitally perform the Work or any Derivative Works or Collective
Works, You must 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 (ii) if the Original Author and/or Licensor
designate another party or parties (e.g. a sponsor institute,
publishing entity, journal) for attribution in Licensor's
copyright notice, terms of service or by other reasonable means,
the name of such party or parties; the title of the Work if
supplied; to the extent reasonably practicable, the Uniform
Resource Identifier, 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 in the
case of a Derivative Work, a credit identifying the use of the
Work in the Derivative Work (e.g., "French translation of the Work
by Original Author," or "Screenplay based on original Work by
Original Author"). Such credit may be implemented in any
reasonable manner; provided, however, that in the case of a
Derivative Work or 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*
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, 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, MERCHANTIBILITY,
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 SUCH 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*
1. 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 Derivative Works or
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.
2. 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*
1. 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.
2. Each time You distribute or publicly digitally perform a
Derivative Work, 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.
3. 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.
4. 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.
5. 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/
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