|
Creative Commons Legal Code |
|
|
|
Attribution-NonCommercial-ShareAlike 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(g) 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. "License Elements" means the following high-level license attributes |
|
as selected by Licensor and indicated in the title of this License: |
|
Attribution, Noncommercial, ShareAlike. |
|
e. "Licensor" means the individual, individuals, entity or entities that |
|
offer(s) the Work under the terms of this License. |
|
f. "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. |
|
g. "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. |
|
h. "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. |
|
i. "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. |
|
j. "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. |
|
|
|
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, including but not limited to the |
|
rights described in Section 4(e). |
|
|
|
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(d), 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(d), as requested. |
|
b. You may Distribute or Publicly Perform an Adaptation only under: (i) |
|
the terms of this License; (ii) a later version of this License with |
|
the same License Elements as this License; (iii) a Creative Commons |
|
jurisdiction license (either this or a later license version) that |
|
contains the same License Elements as this License (e.g., |
|
Attribution-NonCommercial-ShareAlike 3.0 US) ("Applicable License"). |
|
You must include a copy of, or the URI, for Applicable License with |
|
every copy of each Adaptation You Distribute or Publicly Perform. You |
|
may not offer or impose any terms on the Adaptation that restrict the |
|
terms of the Applicable License or the ability of the recipient of the |
|
Adaptation to exercise the rights granted to that recipient under the |
|
terms of the Applicable License. You must keep intact all notices that |
|
refer to the Applicable License and to the disclaimer of warranties |
|
with every copy of the Work as included in the Adaptation You |
|
Distribute or Publicly Perform. When You Distribute or Publicly |
|
Perform the Adaptation, You may not impose any effective technological |
|
measures on the Adaptation that restrict the ability of a recipient of |
|
the Adaptation from You to exercise the rights granted to that |
|
recipient under the terms of the Applicable License. This Section 4(b) |
|
applies to the Adaptation as incorporated in a Collection, but this |
|
does not require the Collection apart from the Adaptation itself to be |
|
made subject to the terms of the Applicable License. |
|
c. 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 con-nection with |
|
the exchange of copyrighted works. |
|
d. 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(d) 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. |
|
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 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(c) and otherwise waives |
|
the right to collect royalties 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(c). |
|
f. 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 AND TO THE |
|
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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, MERCHANTABILITY, 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 THIS 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 https://creativecommons.org/. |
|
|