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Creative Commons Corporation ("Creative Commons") is not a law firm and |
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Using Creative Commons Public Licenses |
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Creative Commons public licenses provide a standard set of terms and |
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wiki.creativecommons.org/Considerations_for_licensors |
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Considerations for the public: By using one of our public |
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======================================================================= |
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Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International |
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Public License |
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By exercising the Licensed Rights (defined below), You accept and agree |
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to be bound by the terms and conditions of this Creative Commons |
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Attribution-NonCommercial-ShareAlike 4.0 International Public License |
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("Public License"). To the extent this Public License may be |
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interpreted as a contract, You are granted the Licensed Rights in |
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consideration of Your acceptance of these terms and conditions, and the |
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Licensor grants You such rights in consideration of benefits the |
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Licensor receives from making the Licensed Material available under |
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these terms and conditions. |
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Section 1 -- Definitions. |
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|
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a. Adapted Material means material subject to Copyright and Similar |
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Rights that is derived from or based upon the Licensed Material |
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and in which the Licensed Material is translated, altered, |
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arranged, transformed, or otherwise modified in a manner requiring |
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permission under the Copyright and Similar Rights held by the |
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Licensor. For purposes of this Public License, where the Licensed |
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Material is a musical work, performance, or sound recording, |
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Adapted Material is always produced where the Licensed Material is |
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synched in timed relation with a moving image. |
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|
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b. Adapter's License means the license You apply to Your Copyright |
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and Similar Rights in Your contributions to Adapted Material in |
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accordance with the terms and conditions of this Public License. |
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|
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c. BY-NC-SA Compatible License means a license listed at |
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creativecommons.org/compatiblelicenses, approved by Creative |
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Commons as essentially the equivalent of this Public License. |
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|
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d. Copyright and Similar Rights means copyright and/or similar rights |
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closely related to copyright including, without limitation, |
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performance, broadcast, sound recording, and Sui Generis Database |
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Rights, without regard to how the rights are labeled or |
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categorized. For purposes of this Public License, the rights |
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specified in Section 2(b)(1)-(2) are not Copyright and Similar |
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Rights. |
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|
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e. Effective Technological Measures means those measures that, in the |
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absence of proper authority, may not be circumvented under laws |
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fulfilling obligations under Article 11 of the WIPO Copyright |
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Treaty adopted on December 20, 1996, and/or similar international |
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agreements. |
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|
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f. Exceptions and Limitations means fair use, fair dealing, and/or |
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any other exception or limitation to Copyright and Similar Rights |
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that applies to Your use of the Licensed Material. |
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|
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g. License Elements means the license attributes listed in the name |
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of a Creative Commons Public License. The License Elements of this |
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Public License are Attribution, NonCommercial, and ShareAlike. |
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|
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h. Licensed Material means the artistic or literary work, database, |
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or other material to which the Licensor applied this Public |
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License. |
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|
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i. Licensed Rights means the rights granted to You subject to the |
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terms and conditions of this Public License, which are limited to |
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all Copyright and Similar Rights that apply to Your use of the |
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Licensed Material and that the Licensor has authority to license. |
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|
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j. Licensor means the individual(s) or entity(ies) granting rights |
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under this Public License. |
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k. NonCommercial means not primarily intended for or directed towards |
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commercial advantage or monetary compensation. For purposes of |
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this Public License, the exchange of the Licensed Material for |
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other material subject to Copyright and Similar Rights by digital |
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file-sharing or similar means is NonCommercial provided there is |
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no payment of monetary compensation in connection with the |
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exchange. |
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|
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l. Share means to provide material to the public by any means or |
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process that requires permission under the Licensed Rights, such |
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as reproduction, public display, public performance, distribution, |
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dissemination, communication, or importation, and to make material |
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available to the public including in ways that members of the |
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public may access the material from a place and at a time |
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individually chosen by them. |
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|
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m. Sui Generis Database Rights means rights other than copyright |
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resulting from Directive 96/9/EC of the European Parliament and of |
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the Council of 11 March 1996 on the legal protection of databases, |
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as amended and/or succeeded, as well as other essentially |
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equivalent rights anywhere in the world. |
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|
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n. You means the individual or entity exercising the Licensed Rights |
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under this Public License. Your has a corresponding meaning. |
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Section 2 -- Scope. |
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|
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a. License grant. |
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1. Subject to the terms and conditions of this Public License, |
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the Licensor hereby grants You a worldwide, royalty-free, |
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non-sublicensable, non-exclusive, irrevocable license to |
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exercise the Licensed Rights in the Licensed Material to: |
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|
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a. reproduce and Share the Licensed Material, in whole or |
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in part, for NonCommercial purposes only; and |
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|
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b. produce, reproduce, and Share Adapted Material for |
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NonCommercial purposes only. |
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|
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2. Exceptions and Limitations. For the avoidance of doubt, where |
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Exceptions and Limitations apply to Your use, this Public |
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License does not apply, and You do not need to comply with |
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its terms and conditions. |
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|
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3. Term. The term of this Public License is specified in Section |
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6(a). |
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|
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4. Media and formats; technical modifications allowed. The |
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Licensor authorizes You to exercise the Licensed Rights in |
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all media and formats whether now known or hereafter created, |
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and to make technical modifications necessary to do so. The |
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Licensor waives and/or agrees not to assert any right or |
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authority to forbid You from making technical modifications |
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necessary to exercise the Licensed Rights, including |
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technical modifications necessary to circumvent Effective |
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Technological Measures. For purposes of this Public License, |
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simply making modifications authorized by this Section 2(a) |
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(4) never produces Adapted Material. |
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|
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5. Downstream recipients. |
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|
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a. Offer from the Licensor -- Licensed Material. Every |
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recipient of the Licensed Material automatically |
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receives an offer from the Licensor to exercise the |
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Licensed Rights under the terms and conditions of this |
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Public License. |
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|
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b. Additional offer from the Licensor -- Adapted Material. |
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Every recipient of Adapted Material from You |
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automatically receives an offer from the Licensor to |
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exercise the Licensed Rights in the Adapted Material |
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under the conditions of the Adapter's License You apply. |
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|
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c. No downstream restrictions. You may not offer or impose |
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any additional or different terms or conditions on, or |
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apply any Effective Technological Measures to, the |
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Licensed Material if doing so restricts exercise of the |
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Licensed Rights by any recipient of the Licensed |
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Material. |
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|
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6. No endorsement. Nothing in this Public License constitutes or |
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may be construed as permission to assert or imply that You |
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are, or that Your use of the Licensed Material is, connected |
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with, or sponsored, endorsed, or granted official status by, |
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the Licensor or others designated to receive attribution as |
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provided in Section 3(a)(1)(A)(i). |
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|
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b. Other rights. |
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|
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1. Moral rights, such as the right of integrity, are not |
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licensed under this Public License, nor are publicity, |
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privacy, and/or other similar personality rights; however, to |
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the extent possible, the Licensor waives and/or agrees not to |
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assert any such rights held by the Licensor to the limited |
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extent necessary to allow You to exercise the Licensed |
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Rights, but not otherwise. |
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|
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2. Patent and trademark rights are not licensed under this |
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Public License. |
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|
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3. To the extent possible, the Licensor waives any right to |
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collect royalties from You for the exercise of the Licensed |
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Rights, whether directly or through a collecting society |
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under any voluntary or waivable statutory or compulsory |
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licensing scheme. In all other cases the Licensor expressly |
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reserves any right to collect such royalties, including when |
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the Licensed Material is used other than for NonCommercial |
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purposes. |
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Section 3 -- License Conditions. |
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Your exercise of the Licensed Rights is expressly made subject to the |
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following conditions. |
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a. Attribution. |
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|
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1. If You Share the Licensed Material (including in modified |
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form), You must: |
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|
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a. retain the following if it is supplied by the Licensor |
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with the Licensed Material: |
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|
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i. identification of the creator(s) of the Licensed |
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Material and any others designated to receive |
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attribution, in any reasonable manner requested by |
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the Licensor (including by pseudonym if |
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designated); |
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|
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ii. a copyright notice; |
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|
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iii. a notice that refers to this Public License; |
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|
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iv. a notice that refers to the disclaimer of |
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warranties; |
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|
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v. a URI or hyperlink to the Licensed Material to the |
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extent reasonably practicable; |
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|
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b. indicate if You modified the Licensed Material and |
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retain an indication of any previous modifications; and |
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|
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c. indicate the Licensed Material is licensed under this |
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Public License, and include the text of, or the URI or |
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hyperlink to, this Public License. |
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|
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2. You may satisfy the conditions in Section 3(a)(1) in any |
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reasonable manner based on the medium, means, and context in |
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which You Share the Licensed Material. For example, it may be |
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reasonable to satisfy the conditions by providing a URI or |
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hyperlink to a resource that includes the required |
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information. |
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3. If requested by the Licensor, You must remove any of the |
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information required by Section 3(a)(1)(A) to the extent |
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reasonably practicable. |
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b. ShareAlike. |
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In addition to the conditions in Section 3(a), if You Share |
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Adapted Material You produce, the following conditions also apply. |
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|
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1. The Adapter's License You apply must be a Creative Commons |
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license with the same License Elements, this version or |
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later, or a BY-NC-SA Compatible License. |
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|
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2. You must include the text of, or the URI or hyperlink to, the |
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Adapter's License You apply. You may satisfy this condition |
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in any reasonable manner based on the medium, means, and |
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context in which You Share Adapted Material. |
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|
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3. You may not offer or impose any additional or different terms |
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or conditions on, or apply any Effective Technological |
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Measures to, Adapted Material that restrict exercise of the |
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rights granted under the Adapter's License You apply. |
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|
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|
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Section 4 -- Sui Generis Database Rights. |
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|
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Where the Licensed Rights include Sui Generis Database Rights that |
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apply to Your use of the Licensed Material: |
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|
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a. for the avoidance of doubt, Section 2(a)(1) grants You the right |
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to extract, reuse, reproduce, and Share all or a substantial |
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portion of the contents of the database for NonCommercial purposes |
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only; |
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|
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b. if You include all or a substantial portion of the database |
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contents in a database in which You have Sui Generis Database |
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Rights, then the database in which You have Sui Generis Database |
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Rights (but not its individual contents) is Adapted Material, |
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including for purposes of Section 3(b); and |
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|
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c. You must comply with the conditions in Section 3(a) if You Share |
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all or a substantial portion of the contents of the database. |
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|
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For the avoidance of doubt, this Section 4 supplements and does not |
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replace Your obligations under this Public License where the Licensed |
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Rights include other Copyright and Similar Rights. |
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|
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|
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Section 5 -- Disclaimer of Warranties and Limitation of Liability. |
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|
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a. UNLESS OTHERWISE SEPARATELY UNDERTAKEN BY THE LICENSOR, TO THE |
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EXTENT POSSIBLE, THE LICENSOR OFFERS THE LICENSED MATERIAL AS-IS |
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AND AS-AVAILABLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF |
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ANY KIND CONCERNING THE LICENSED MATERIAL, WHETHER EXPRESS, |
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IMPLIED, STATUTORY, OR OTHER. THIS INCLUDES, WITHOUT LIMITATION, |
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WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR |
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PURPOSE, NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS, |
| |
ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT |
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KNOWN OR DISCOVERABLE. WHERE DISCLAIMERS OF WARRANTIES ARE NOT |
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ALLOWED IN FULL OR IN PART, THIS DISCLAIMER MAY NOT APPLY TO YOU. |
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|
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b. TO THE EXTENT POSSIBLE, IN NO EVENT WILL THE LICENSOR BE LIABLE |
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TO YOU ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, |
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NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT, |
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INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER LOSSES, |
| |
COSTS, EXPENSES, OR DAMAGES ARISING OUT OF THIS PUBLIC LICENSE OR |
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USE OF THE LICENSED MATERIAL, EVEN IF THE LICENSOR HAS BEEN |
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ADVISED OF THE POSSIBILITY OF SUCH LOSSES, COSTS, EXPENSES, OR |
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DAMAGES. WHERE A LIMITATION OF LIABILITY IS NOT ALLOWED IN FULL OR |
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IN PART, THIS LIMITATION MAY NOT APPLY TO YOU. |
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|
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c. The disclaimer of warranties and limitation of liability provided |
| |
above shall be interpreted in a manner that, to the extent |
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possible, most closely approximates an absolute disclaimer and |
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waiver of all liability. |
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|
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|
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Section 6 -- Term and Termination. |
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|
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a. This Public License applies for the term of the Copyright and |
| |
Similar Rights licensed here. However, if You fail to comply with |
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this Public License, then Your rights under this Public License |
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terminate automatically. |
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|
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b. Where Your right to use the Licensed Material has terminated under |
| |
Section 6(a), it reinstates: |
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|
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1. automatically as of the date the violation is cured, provided |
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it is cured within 30 days of Your discovery of the |
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violation; or |
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|
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2. upon express reinstatement by the Licensor. |
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|
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For the avoidance of doubt, this Section 6(b) does not affect any |
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right the Licensor may have to seek remedies for Your violations |
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of this Public License. |
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|
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c. For the avoidance of doubt, the Licensor may also offer the |
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Licensed Material under separate terms or conditions or stop |
| |
distributing the Licensed Material at any time; however, doing so |
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will not terminate this Public License. |
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|
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d. Sections 1, 5, 6, 7, and 8 survive termination of this Public |
| |
License. |
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|
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|
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Section 7 -- Other Terms and Conditions. |
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|
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a. The Licensor shall not be bound by any additional or different |
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terms or conditions communicated by You unless expressly agreed. |
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|
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b. Any arrangements, understandings, or agreements regarding the |
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Licensed Material not stated herein are separate from and |
| |
independent of the terms and conditions of this Public License. |
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|
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|
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Section 8 -- Interpretation. |
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|
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a. For the avoidance of doubt, this Public License does not, and |
| |
shall not be interpreted to, reduce, limit, restrict, or impose |
| |
conditions on any use of the Licensed Material that could lawfully |
| |
be made without permission under this Public License. |
| |
|
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b. To the extent possible, if any provision of this Public License is |
| |
deemed unenforceable, it shall be automatically reformed to the |
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minimum extent necessary to make it enforceable. If the provision |
| |
cannot be reformed, it shall be severed from this Public License |
| |
without affecting the enforceability of the remaining terms and |
| |
conditions. |
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|
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c. No term or condition of this Public License will be waived and no |
| |
failure to comply consented to unless expressly agreed to by the |
| |
Licensor. |
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|
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d. Nothing in this Public License constitutes or may be interpreted |
| |
as a limitation upon, or waiver of, any privileges and immunities |
| |
that apply to the Licensor or You, including from the legal |
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processes of any jurisdiction or authority. |
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======================================================================= |
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Creative Commons is not a party to its public |
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licenses. Notwithstanding, Creative Commons may elect to apply one of |
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its public licenses to material it publishes and in those instances |
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will be considered the “Licensor.” The text of the Creative Commons |
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public licenses is dedicated to the public domain under the CC0 Public |
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Domain Dedication. Except for the limited purpose of indicating that |
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material is shared under a Creative Commons public license or as |
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otherwise permitted by the Creative Commons policies published at |
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creativecommons.org/policies, Creative Commons does not authorize the |
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use of the trademark "Creative Commons" or any other trademark or logo |
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of Creative Commons without its prior written consent including, |
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without limitation, in connection with any unauthorized modifications |
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to any of its public licenses or any other arrangements, |
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understandings, or agreements concerning use of licensed material. For |
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the avoidance of doubt, this paragraph does not form part of the |
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public licenses. |
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Creative Commons may be contacted at creativecommons.org |