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 CONSIDER-
ATION 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 includ-
ing 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(f)
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 to-
gether 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 through sale or other transfer of ownership.
d. "Licensor" means the individual, individuals, entity or entities that
offer(s) the Work under the terms of this License.
e. "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 other-
wise 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.
f. "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 cinematograph-
ic 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 broad-
cast; 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.
g. "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 exer-
cise rights under this License despite a previous violation.
h. "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 mem-
bers 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.
i. "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 re-
producing fixations of the Work, including storage of a protected perform-
ance or phonogram in digital form or other electronic medium.
2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit,
orrestrict 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;
and,
b. to Distribute and Publicly Perform the Work including as incorporated in
Collections.
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,
but otherwise you have no rights to make Adaptations. Subject to 8(f), all
rights not expressly granted by Licensor are hereby reserved, including but not
limited to the rights set forth in Section 4(d).
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(c), as requested.
b. 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 connection with the exchange of copyrighted
works.
c. If You Distribute, or Publicly Perform the Work 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 copy-
right notice or licensing information for the Work. The credit required by
this Section 4(c) may be implemented in any reasonable manner; provided,
however, that in the case of a Collection, at a minimum such credit will
appear, if a credit for all contributing authors of 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 attri-
bution in the manner set out above and, by exercising Your rights under
this License, You may not implicitly or explicitly assert or imply any con-
nection 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.
d. 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(b) and otherwise waives the right to collect royal-
ties 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(b).
e. 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 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.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED 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
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 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). Not-
withstanding 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. If any provision of this License is invalid or unenforceable under applica-
ble law, it shall not affect the validity or enforceability of the remain-
der 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 res-
pect 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 communica-
tion from You. This License may not be modified without the mutual written
agreement of the Licensor and You.
e. 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.
