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License: CC-BY-SA-3.0
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Creative Commons Attribution-ShareAlike 3.0 Unported
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.
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE
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LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN
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ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION
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ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE
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INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM
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ITS USE.
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.
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License
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.
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
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COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
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COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
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AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
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.
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE
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TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY
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BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS
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CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND
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CONDITIONS.
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.
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1. Definitions
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.
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a. "Adaptation" means a work based upon the Work, or upon the Work and
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other pre-existing works, such as a translation, adaptation, derivative
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work, arrangement of music or other alterations of a literary or
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artistic work, or phonogram or performance and includes cinematographic
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adaptations or any other form in which the Work may be recast,
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transformed, or adapted including in any form recognizably derived from
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the original, except that a work that constitutes a Collection will not
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be considered an Adaptation for the purpose of this License. For the
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avoidance of doubt, where the Work is a musical work, performance or
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phonogram, the synchronization of the Work in timed-relation with a
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moving image ("synching") will be considered an Adaptation for the
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purpose of this License.
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.
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b. "Collection" means a collection of literary or artistic works, such
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as encyclopedias and anthologies, or performances, phonograms or
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broadcasts, or other works or subject matter other than works listed in
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Section 1(f) below, which, by reason of the selection and arrangement of
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their contents, constitute intellectual creations, in which the Work is
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included in its entirety in unmodified form along with one or more other
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contributions, each constituting separate and independent works in
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themselves, which together are assembled into a collective whole. A work
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that constitutes a Collection will not be considered an Adaptation (as
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defined below) for the purposes of this License.
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c. "Creative Commons Compatible License" means a license that is listed
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at http://creativecommons.org/compatiblelicenses that has been approved
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by Creative Commons as being essentially equivalent to this License,
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including, at a minimum, because that license: (i) contains terms that
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this License; and, (ii) explicitly permits the relicensing of
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adaptations of works made available under that license under this
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Elements as this License.
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as selected by Licensor and indicated in the title of this License:
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g. "Original Author" means, in the case of a literary or artistic work,
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the individual, individuals, entity or entities who created the Work or
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if no individual or entity can be identified, the publisher; and in
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addition (i) in the case of a performance the actors, singers,
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musicians, dancers, and other persons who act, sing, deliver, declaim,
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play in, interpret or otherwise perform literary or artistic works or
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expressions of folklore; (ii) in the case of a phonogram the producer
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being the person or legal entity who first fixes the sounds of a
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h. "Work" means the literary and/or artistic work offered under the
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terms of this License including without limitation any production in the
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literary, scientific and artistic domain, whatever may be the mode or
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form of its expression including digital form, such as a book, pamphlet
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and other writing; a lecture, address, sermon or other work of the same
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nature; a dramatic or dramatico-musical work; a choreographic work or
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entertainment in dumb show; a musical composition with or without words;
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a cinematographic work to which are assimilated works expressed by a
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process analogous to cinematography; a work of drawing, painting,
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architecture, sculpture, engraving or lithography; a photographic work
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to which are assimilated works expressed by a process analogous to
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photography; a work of applied art; an illustration, map, plan, sketch
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or three-dimensional work relative to geography, topography,
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architecture or science; a performance; a broadcast; a phonogram; a
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compilation of data to the extent it is protected as a copyrightable
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work; or a work performed by a variety or circus performer to the extent
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it is not otherwise considered a literary or artistic work.
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.
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i. "You" means an individual or entity exercising rights under this
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License who has not previously violated the terms of this License with
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respect to the Work, or who has received express permission from the
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Licensor to exercise rights under this License despite a previous
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violation.
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j. "Publicly Perform" means to perform public recitations of the Work
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and to communicate to the public those public recitations, by any means
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or process, including by wire or wireless means or public digital
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of the Work, including by public digital performance; to broadcast and
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rebroadcast the Work by any means including signs, sounds or images.
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.
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k. "Reproduce" means to make copies of the Work by any means including
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without limitation by sound or visual recordings and the right of
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fixation and reproducing fixations of the Work, including storage of a
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protected performance or phonogram in digital form or other electronic
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medium.
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.
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2. Fair Dealing Rights. Nothing in this License is intended to reduce,
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limit, or restrict any uses free from copyright or rights arising from
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limitations or exceptions that are provided for in connection with the
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copyright protection under copyright law or other applicable laws.
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.
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3. License Grant. Subject to the terms and conditions of this License,
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Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
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perpetual (for the duration of the applicable copyright) license to
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exercise the rights in the Work as stated below:
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.
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a. to Reproduce the Work, to incorporate the Work into one or more
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Collections, and to Reproduce the Work as incorporated in the
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Collections;
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.
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b. to create and Reproduce Adaptations provided that any such
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Adaptation, including any translation in any medium, takes reasonable
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steps to clearly label, demarcate or otherwise identify that changes
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were made to the original Work. For example, a translation could be
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marked "The original work was translated from English to Spanish," or a
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modification could indicate "The original work has been modified.";
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.
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c. to Distribute and Publicly Perform the Work including as incorporated
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in Collections; and,
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.
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d. to Distribute and Publicly Perform Adaptations.
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.
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e. For the avoidance of doubt:
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.
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i. Non-waivable Compulsory License Schemes. In those jurisdictions in
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which the right to collect royalties through any statutory or compulsory
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licensing scheme cannot be waived, the Licensor reserves the exclusive
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right to collect such royalties for any exercise by You of the rights
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granted under this License;
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.
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ii. Waivable Compulsory License Schemes. In those jurisdictions in which
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the right to collect royalties through any statutory or compulsory
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licensing scheme can be waived, the Licensor waives the exclusive right
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to collect such royalties for any exercise by You of the rights granted
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under this License; and,
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.
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iii. Voluntary License Schemes. The Licensor waives the right to collect
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royalties, whether individually or, in the event that the Licensor is a
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member of a collecting society that administers voluntary licensing
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schemes, via that society, from any exercise by You of the rights
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granted under this License.
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.
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The above rights may be exercised in all media and formats whether now
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known or hereafter devised. The above rights include the right to make
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such modifications as are technically necessary to exercise the rights
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in other media and formats. Subject to Section 8(f), all rights not
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expressly granted by Licensor are hereby reserved.
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.
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4. Restrictions. The license granted in Section 3 above is expressly
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made subject to and limited by the following restrictions:
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.
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a. You may Distribute or Publicly Perform the Work only under the terms
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||||
of this License. You must include a copy of, or the Uniform Resource
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Identifier (URI) for, this License with every copy of the Work You
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Distribute or Publicly Perform. You may not offer or impose any terms on
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||||
the Work that restrict the terms of this License or the ability of the
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recipient of the Work to exercise the rights granted to that recipient
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under the terms of the License. You may not sublicense the Work. You
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must keep intact all notices that refer to this License and to the
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disclaimer of warranties with every copy of the Work You Distribute or
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Publicly Perform. When You Distribute or Publicly Perform the Work, You
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may not impose any effective technological measures on the Work that
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||||
restrict the ability of a recipient of the Work from You to exercise the
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rights granted to that recipient under the terms of the License. This
|
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Section 4(a) applies to the Work as incorporated in a Collection, but
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this does not require the Collection apart from the Work itself to be
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made subject to the terms of this License. If You create a Collection,
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upon notice from any Licensor You must, to the extent practicable,
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remove from the Collection any credit as required by Section 4(c), as
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requested. If You create an Adaptation, upon notice from any Licensor
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You must, to the extent practicable, remove from the Adaptation any
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credit as required by Section 4(c), as requested.
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.
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b. You may Distribute or Publicly Perform an Adaptation only under the
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terms of: (i) this License; (ii) a later version of this License with
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the same License Elements as this License; (iii) a Creative Commons
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jurisdiction license (either this or a later license version) that
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contains the same License Elements as this License (e.g.,
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Attribution-ShareAlike 3.0 US)); (iv) a Creative Commons Compatible
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License. If you license the Adaptation under one of the licenses
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mentioned in (iv), you must comply with the terms of that license. If
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you license the Adaptation under the terms of any of the licenses
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mentioned in (i), (ii) or (iii) (the "Applicable License"), you must
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comply with the terms of the Applicable License generally and the
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following provisions: (I) You must include a copy of, or the URI for,
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the Applicable License with every copy of each Adaptation You Distribute
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or Publicly Perform; (II) You may not offer or impose any terms on the
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Adaptation that restrict the terms of the Applicable License or the
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ability of the recipient of the Adaptation to exercise the rights
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granted to that recipient under the terms of the Applicable License;
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(III) You must keep intact all notices that refer to the Applicable
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License and to the disclaimer of warranties with every copy of the Work
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as included in the Adaptation You Distribute or Publicly Perform; (IV)
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when You Distribute or Publicly Perform the Adaptation, You may not
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impose any effective technological measures on the Adaptation that
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restrict the ability of a recipient of the Adaptation from You to
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exercise the rights granted to that recipient under the terms of the
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Applicable License. This Section 4(b) applies to the Adaptation as
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incorporated in a Collection, but this does not require the Collection
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apart from the Adaptation itself to be made subject to the terms of the
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Applicable License.
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.
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c. If You Distribute, or Publicly Perform the Work or any Adaptations or
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Collections, You must, unless a request has been made pursuant to
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Section 4(a), keep intact all copyright notices for the Work and
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provide, reasonable to the medium or means You are utilizing: (i) the
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name of the Original Author (or pseudonym, if applicable) if supplied,
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and/or if the Original Author and/or Licensor designate another party or
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parties (e.g., a sponsor institute, publishing entity, journal) for
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attribution ("Attribution Parties") in Licensor's copyright notice,
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terms of service or by other reasonable means, the name of such party or
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parties; (ii) the title of the Work if supplied; (iii) to the extent
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reasonably practicable, the URI, if any, that Licensor specifies to be
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associated with the Work, unless such URI does not refer to the
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copyright notice or licensing information for the Work; and (iv) ,
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consistent with Ssection 3(b), in the case of an Adaptation, a credit
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identifying the use of the Work in the Adaptation (e.g., "French
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translation of the Work by Original Author," or "Screenplay based on
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original Work by Original Author"). The credit required by this Section
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4(c) may be implemented in any reasonable manner; provided, however,
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that in the case of a Adaptation or Collection, at a minimum such credit
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will appear, if a credit for all contributing authors of the Adaptation
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or Collection appears, then as part of these credits and in a manner at
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least as prominent as the credits for the other contributing authors.
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For the avoidance of doubt, You may only use the credit required by this
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Section for the purpose of attribution in the manner set out above and,
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by exercising Your rights under this License, You may not implicitly or
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explicitly assert or imply any connection with, sponsorship or
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endorsement by the Original Author, Licensor and/or Attribution Parties,
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as appropriate, of You or Your use of the Work, without the separate,
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express prior written permission of the Original Author, Licensor and/or
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Attribution Parties.
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.
|
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d. Except as otherwise agreed in writing by the Licensor or as may be
|
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otherwise permitted by applicable law, if You Reproduce, Distribute or
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Publicly Perform the Work either by itself or as part of any Adaptations
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or Collections, You must not distort, mutilate, modify or take other
|
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derogatory action in relation to the Work which would be prejudicial to
|
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the Original Author's honor or reputation. Licensor agrees that in those
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jurisdictions (e.g. Japan), in which any exercise of the right granted
|
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in Section 3(b) of this License (the right to make Adaptations) would be
|
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deemed to be a distortion, mutilation, modification or other derogatory
|
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action prejudicial to the Original Author's honor and reputation, the
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Licensor will waive or not assert, as appropriate, this Section, to the
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fullest extent permitted by the applicable national law, to enable You
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to reasonably exercise Your right under Section 3(b) of this License
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(right to make Adaptations) but not otherwise.
|
||||
.
|
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5. Representations, Warranties and Disclaimer
|
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.
|
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
|
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OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
|
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KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
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INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
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FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
|
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LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS,
|
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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
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LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR
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||||
ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES
|
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ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS
|
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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.
|
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Individuals or entities who have received Adaptations or Collections
|
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from You under this License, however, will not have their licenses
|
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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).
|
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Notwithstanding the above, Licensor reserves the right to release the
|
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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
|
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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
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here. Licensor shall not be bound by any additional provisions that may
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appear in any communication from You. This License may not be modified
|
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without the mutual written agreement of the Licensor and You.
|
||||
.
|
||||
f. The rights granted under, and the subject matter referenced, in this
|
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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
|
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Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and
|
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the Universal Copyright Convention (as revised on July 24, 1971). These
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rights and subject matter take effect in the relevant jurisdiction in
|
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which the License terms are sought to be enforced according to the
|
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corresponding provisions of the implementation of those treaty
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provisions in the applicable national law. If the standard suite of
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rights granted under applicable copyright law includes additional rights
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not granted under this License, such additional rights are deemed to be
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included in the License; this License is not intended to restrict the
|
||||
license of any rights under applicable law.
|
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.
|
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Creative Commons Notice
|
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.
|
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Creative Commons is not a party to this License, and makes no warranty
|
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whatsoever in connection with the Work. Creative Commons will not be
|
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liable to You or any party on any legal theory for any damages
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whatsoever, including without limitation any general, special,
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incidental or consequential damages arising in connection to this
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license. Notwithstanding the foregoing two (2) sentences, if Creative
|
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Commons has expressly identified itself as the Licensor hereunder, it
|
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shall have all rights and obligations of Licensor.
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.
|
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Except for the limited purpose of indicating to the public that the Work
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is licensed under the CCPL, Creative Commons does not authorize the use
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by either party of the trademark "Creative Commons" or any related
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trademark or logo of Creative Commons without the prior written consent
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of Creative Commons. Any permitted use will be in compliance with
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Creative Commons' then-current trademark usage guidelines, as may be
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published on its website or otherwise made available upon request from
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time to time. For the avoidance of doubt, this trademark restriction
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.
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Creative Commons may be contacted at http://creativecommons.org/.
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