本站源代码
You can not select more than 25 topics Topics must start with a letter or number, can include dashes ('-') and can be up to 35 characters long.

229 lines
13KB

  1. Creative Commons Attribution-NonCommercial 2.0 CREATIVE COMMONS CORPORATION
  2. IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS
  3. LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS
  4. PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES
  5. REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING
  6. FROM ITS USE.
  7. License
  8. THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS
  9. PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR
  10. OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS
  11. LICENSE OR COPYRIGHT LAW IS PROHIBITED.
  12. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO
  13. BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS
  14. CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
  15. 1. Definitions
  16. a. "Collective Work" means a work, such as a periodical issue, anthology or
  17. encyclopedia, in which the Work in its entirety in unmodified form, along
  18. with a number of other contributions, constituting separate and independent
  19. works in themselves, are assembled into a collective whole. A work that constitutes
  20. a Collective Work will not be considered a Derivative Work (as defined below)
  21. for the purposes of this License.
  22. b. "Derivative Work" means a work based upon the Work or upon the Work and
  23. other pre-existing works, such as a translation, musical arrangement, dramatization,
  24. fictionalization, motion picture version, sound recording, art reproduction,
  25. abridgment, condensation, or any other form in which the Work may be recast,
  26. transformed, or adapted, except that a work that constitutes a Collective
  27. Work will not be considered a Derivative Work for the purpose of this License.
  28. For the avoidance of doubt, where the Work is a musical composition or sound
  29. recording, the synchronization of the Work in timed-relation with a moving
  30. image ("synching") will be considered a Derivative Work for the purpose of
  31. this License.
  32. c. "Licensor" means the individual or entity that offers the Work under the
  33. terms of this License.
  34. d. "Original Author" means the individual or entity who created the Work.
  35. e. "Work" means the copyrightable work of authorship offered under the terms
  36. of this License.
  37. f. "You" means an individual or entity exercising rights under this License
  38. who has not previously violated the terms of this License with respect to
  39. the Work, or who has received express permission from the Licensor to exercise
  40. rights under this License despite a previous violation.
  41. 2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
  42. or restrict any rights arising from fair use, first sale or other limitations
  43. on the exclusive rights of the copyright owner under copyright law or other
  44. applicable laws.
  45. 3. License Grant. Subject to the terms and conditions of this License, Licensor
  46. hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for
  47. the duration of the applicable copyright) license to exercise the rights in
  48. the Work as stated below:
  49. a. to reproduce the Work, to incorporate the Work into one or more Collective
  50. Works, and to reproduce the Work as incorporated in the Collective Works;
  51. b. to create and reproduce Derivative Works;
  52. c. to distribute copies or phonorecords of, display publicly, perform publicly,
  53. and perform publicly by means of a digital audio transmission the Work including
  54. as incorporated in Collective Works;
  55. d. to distribute copies or phonorecords of, display publicly, perform publicly,
  56. and perform publicly by means of a digital audio transmission Derivative Works;
  57. The above rights may be exercised in all media and formats whether now known
  58. or hereafter devised. The above rights include the right to make such modifications
  59. as are technically necessary to exercise the rights in other media and formats.
  60. All rights not expressly granted by Licensor are hereby reserved, including
  61. but not limited to the rights set forth in Sections 4(d) and 4(e).
  62. 4. Restrictions.The license granted in Section 3 above is expressly made subject
  63. to and limited by the following restrictions:
  64. a. You may distribute, publicly display, publicly perform, or publicly digitally
  65. perform the Work only under the terms of this License, and You must include
  66. a copy of, or the Uniform Resource Identifier for, this License with every
  67. copy or phonorecord of the Work You distribute, publicly display, publicly
  68. perform, or publicly digitally perform. You may not offer or impose any terms
  69. on the Work that alter or restrict the terms of this License or the recipients'
  70. exercise of the rights granted hereunder. You may not sublicense the Work.
  71. You must keep intact all notices that refer to this License and to the disclaimer
  72. of warranties. You may not distribute, publicly display, publicly perform,
  73. or publicly digitally perform the Work with any technological measures that
  74. control access or use of the Work in a manner inconsistent with the terms
  75. of this License Agreement. The above applies to the Work as incorporated in
  76. a Collective Work, but this does not require the Collective Work apart from
  77. the Work itself to be made subject to the terms of this License. If You create
  78. a Collective Work, upon notice from any Licensor You must, to the extent practicable,
  79. remove from the Collective Work any reference to such Licensor or the Original
  80. Author, as requested. If You create a Derivative Work, upon notice from any
  81. Licensor You must, to the extent practicable, remove from the Derivative Work
  82. any reference to such Licensor or the Original Author, as requested.
  83. b. You may not exercise any of the rights granted to You in Section 3 above
  84. in any manner that is primarily intended for or directed toward commercial
  85. advantage or private monetary compensation. The exchange of the Work for other
  86. copyrighted works by means of digital file-sharing or otherwise shall not
  87. be considered to be intended for or directed toward commercial advantage or
  88. private monetary compensation, provided there is no payment of any monetary
  89. compensation in connection with the exchange of copyrighted works.
  90. c. If you distribute, publicly display, publicly perform, or publicly digitally
  91. perform the Work or any Derivative Works or Collective Works, You must keep
  92. intact all copyright notices for the Work and give the Original Author credit
  93. reasonable to the medium or means You are utilizing by conveying the name
  94. (or pseudonym if applicable) of the Original Author if supplied; the title
  95. of the Work if supplied; to the extent reasonably practicable, the Uniform
  96. Resource Identifier, if any, that Licensor specifies to be associated with
  97. the Work, unless such URI does not refer to the copyright notice or licensing
  98. information for the Work; and in the case of a Derivative Work, a credit identifying
  99. the use of the Work in the Derivative Work (e.g., "French translation of the
  100. Work by Original Author," or "Screenplay based on original Work by Original
  101. Author"). Such credit may be implemented in any reasonable manner; provided,
  102. however, that in the case of a Derivative Work or Collective Work, at a minimum
  103. such credit will appear where any other comparable authorship credit appears
  104. and in a manner at least as prominent as such other comparable authorship
  105. credit.
  106. d. For the avoidance of doubt, where the Work is a musical composition:
  107. i. Performance Royalties Under Blanket Licenses. Licensor reserves the exclusive
  108. right to collect, whether individually or via a performance rights society
  109. (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital
  110. performance (e.g. webcast) of the Work if that performance is primarily intended
  111. for or directed toward commercial advantage or private monetary compensation.
  112. ii. Mechanical Rights and Statutory Royalties. Licensor reserves the exclusive
  113. right to collect, whether individually or via a music rights agency or designated
  114. agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from
  115. the Work ("cover version") and distribute, subject to the compulsory license
  116. created by 17 USC Section 115 of the US Copyright Act (or the equivalent in
  117. other jurisdictions), if Your distribution of such cover version is primarily
  118. intended for or directed toward commercial advantage or private monetary compensation.
  119. Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where
  120. the Work is a sound recording, Licensor reserves the exclusive right to collect,
  121. whether individually or via a performance-rights society (e.g. SoundExchange),
  122. royalties for the public digital performance (e.g. webcast) of the Work, subject
  123. to the compulsory license created by 17 USC Section 114 of the US Copyright
  124. Act (or the equivalent in other jurisdictions), if Your public digital performance
  125. is primarily intended for or directed toward commercial advantage or private
  126. monetary compensation.
  127. 5. Representations, Warranties and Disclaimer
  128. UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS
  129. THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING
  130. THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
  131. WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT,
  132. OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE
  133. OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE
  134. EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
  135. 6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW,
  136. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
  137. INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS
  138. LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY
  139. OF SUCH DAMAGES.
  140. 7. Termination
  141. a. This License and the rights granted hereunder will terminate automatically
  142. upon any breach by You of the terms of this License. Individuals or entities
  143. who have received Derivative Works or Collective Works from You under this
  144. License, however, will not have their licenses terminated provided such individuals
  145. or entities remain in full compliance with those licenses. Sections 1, 2,
  146. 5, 6, 7, and 8 will survive any termination of this License.
  147. b. Subject to the above terms and conditions, the license granted here is
  148. perpetual (for the duration of the applicable copyright in the Work). Notwithstanding
  149. the above, Licensor reserves the right to release the Work under different
  150. license terms or to stop distributing the Work at any time; provided, however
  151. that any such election will not serve to withdraw this License (or any other
  152. license that has been, or is required to be, granted under the terms of this
  153. License), and this License will continue in full force and effect unless terminated
  154. as stated above.
  155. 8. Miscellaneous
  156. a. Each time You distribute or publicly digitally perform the Work or a Collective
  157. Work, the Licensor offers to the recipient a license to the Work on the same
  158. terms and conditions as the license granted to You under this License.
  159. b. Each time You distribute or publicly digitally perform a Derivative Work,
  160. Licensor offers to the recipient a license to the original Work on the same
  161. terms and conditions as the license granted to You under this License.
  162. c. If any provision of this License is invalid or unenforceable under applicable
  163. law, it shall not affect the validity or enforceability of the remainder of
  164. the terms of this License, and without further action by the parties to this
  165. agreement, such provision shall be reformed to the minimum extent necessary
  166. to make such provision valid and enforceable.
  167. d. No term or provision of this License shall be deemed waived and no breach
  168. consented to unless such waiver or consent shall be in writing and signed
  169. by the party to be charged with such waiver or consent.
  170. e. This License constitutes the entire agreement between the parties with
  171. respect to the Work licensed here. There are no understandings, agreements
  172. or representations with respect to the Work not specified here. Licensor shall
  173. not be bound by any additional provisions that may appear in any communication
  174. from You. This License may not be modified without the mutual written agreement
  175. of the Licensor and You.
  176. Creative Commons is not a party to this License, and makes no warranty whatsoever
  177. in connection with the Work. Creative Commons will not be liable to You or
  178. any party on any legal theory for any damages whatsoever, including without
  179. limitation any general, special, incidental or consequential damages arising
  180. in connection to this license. Notwithstanding the foregoing two (2) sentences,
  181. if Creative Commons has expressly identified itself as the Licensor hereunder,
  182. it shall have all rights and obligations of Licensor.
  183. Except for the limited purpose of indicating to the public that the Work is
  184. licensed under the CCPL, neither party will use the trademark "Creative Commons"
  185. or any related trademark or logo of Creative Commons without the prior written
  186. consent of Creative Commons. Any permitted use will be in compliance with
  187. Creative Commons' then-current trademark usage guidelines, as may be published
  188. on its website or otherwise made available upon request from time to time.
  189. Creative Commons may be contacted at http://creativecommons.org/.
上海开阖软件有限公司 沪ICP备12045867号-1