Creative Commons Attribution 3.0
Unported
http://creativecommons.org/licenses/by/3.0/
===========================
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
1. "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. 2. "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. 3. "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. 4. "Licensor" means the individual,
individuals, entity or entities that offer(s) the Work under the
terms of this License. 5. "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. 6.
"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. 7. "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. 8. "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. 9. "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:
1. to Reproduce the Work, to incorporate the Work into one
or more Collections, and to Reproduce the Work as incorporated
in the Collections; 2. 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."; 3. to
Distribute and Publicly Perform the Work including as
incorporated in Collections; and, 4. to Distribute and Publicly
Perform Adaptations. 5.
For the avoidance of doubt: 1. 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; 2. 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, 3. 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:
1. 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. 2. 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. 3. 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
1. 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. 2. 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
1. 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. 2. 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. 3.
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. 4. 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. 5. 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. 6. 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.