123456789101112131415161718192021222324252627282930313233343536373839404142434445464748495051525354555657585960616263646566676869707172737475767778798081828384858687888990919293949596979899100101102103104105106107108109110111112113114115116117118119120121122123124125126127128129130131132133134135136137138139140141142143144145146147148149150151152153154155156157158159160161162163164165166167168169170171172173174175176177178179180181182183184185186187188189190191192193194195196197198199200201202203204205206207208209210211212213214215216217218219220221222223224225226227228229230231232233234235236237238239240241242243244245246247248249250251252253254255256257258259260261262263264265266267268269270271272273274275276277278279280281282283284285286287288289290291292293294295296297298299300301302303304305306307308309310311312313314315316317318319320 |
- Creative Commons Legal Code
- Attribution 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(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 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. "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 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.
- 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 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.
- 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 exercise 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
- 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.
- 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 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.
- 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 waives the
- exclusive right to collect such royalties for any exercise by You
- of the rights granted under this License; and,
- iii. Voluntary License Schemes. The Licensor waives 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.
- 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.
- 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(b), 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(b), as requested.
- b. 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 (b) 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.
- c. 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, 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 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/.
|