|
- Creative Commons Attribution-ShareAlike 1.0 CREATIVE COMMONS CORPORATION IS
- NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS DRAFT
- 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 IS PROHIBITED.
-
- BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO
- BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS
- CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
-
- 1. Definitions
-
- a. "Collective Work" means a work, such as a periodical issue, anthology or
- encyclopedia, in which the Work in its entirety in unmodified form, along
- with a number of other contributions, constituting separate and independent
- works in themselves, are assembled into a collective whole. A work that constitutes
- a Collective Work will not be considered a Derivative Work (as defined below)
- for the purposes of this License.
-
- b. "Derivative Work" means a work based upon the Work or upon the Work and
- other pre-existing works, such as a translation, musical arrangement, dramatization,
- fictionalization, motion picture version, sound recording, art reproduction,
- abridgment, condensation, or any other form in which the Work may be recast,
- transformed, or adapted, except that a work that constitutes a Collective
- Work will not be considered a Derivative Work for the purpose of this License.
-
- c. "Licensor" means the individual or entity that offers the Work under the
- terms of this License.
-
- d. "Original Author" means the individual or entity who created the Work.
-
- e. "Work" means the copyrightable work of authorship offered under the terms
- of this License.
-
- f. "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.
-
- 2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
- or restrict any rights arising from fair use, first sale or other limitations
- on the exclusive rights of the copyright owner 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 Collective
- Works, and to reproduce the Work as incorporated in the Collective Works;
-
- b. to create and reproduce Derivative Works;
-
- c. to distribute copies or phonorecords of, display publicly, perform publicly,
- and perform publicly by means of a digital audio transmission the Work including
- as incorporated in Collective Works;
-
- d. to distribute copies or phonorecords of, display publicly, perform publicly,
- and perform publicly by means of a digital audio transmission Derivative Works;
-
- 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.
- 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, publicly display, publicly perform, or publicly digitally
- perform the Work only under the terms of this License, and You must include
- a copy of, or the Uniform Resource Identifier for, this License with every
- copy or phonorecord of the Work You distribute, publicly display, publicly
- perform, or publicly digitally perform. You may not offer or impose any terms
- on the Work that alter or restrict the terms of this License or the recipients'
- exercise of the rights granted hereunder. You may not sublicense the Work.
- You must keep intact all notices that refer to this License and to the disclaimer
- of warranties. You may not distribute, publicly display, publicly perform,
- or publicly digitally perform the Work with any technological measures that
- control access or use of the Work in a manner inconsistent with the terms
- of this License Agreement. The above applies to the Work as incorporated in
- a Collective Work, but this does not require the Collective Work apart from
- the Work itself to be made subject to the terms of this License. If You create
- a Collective Work, upon notice from any Licensor You must, to the extent practicable,
- remove from the Collective Work any reference to such Licensor or the Original
- Author, as requested. If You create a Derivative Work, upon notice from any
- Licensor You must, to the extent practicable, remove from the Derivative Work
- any reference to such Licensor or the Original Author, as requested.
-
- b. You may distribute, publicly display, publicly perform, or publicly digitally
- perform a Derivative Work only under the terms of this License, and You must
- include a copy of, or the Uniform Resource Identifier for, this License with
- every copy or phonorecord of each Derivative Work You distribute, publicly
- display, publicly perform, or publicly digitally perform. You may not offer
- or impose any terms on the Derivative Works that alter or restrict the terms
- of this License or the recipients' exercise of the rights granted hereunder,
- and You must keep intact all notices that refer to this License and to the
- disclaimer of warranties. You may not distribute, publicly display, publicly
- perform, or publicly digitally perform the Derivative Work with any technological
- measures that control access or use of the Work in a manner inconsistent with
- the terms of this License Agreement. The above applies to the Derivative Work
- as incorporated in a Collective Work, but this does not require the Collective
- Work apart from the Derivative Work itself to be made subject to the terms
- of this License.
-
- c. If you distribute, publicly display, publicly perform, or publicly digitally
- perform the Work or any Derivative Works or Collective Works, You must keep
- intact all copyright notices for the Work and give the Original Author credit
- reasonable to the medium or means You are utilizing by conveying the name
- (or pseudonym if applicable) of the Original Author if supplied; the title
- of the Work if supplied; in the case of a Derivative Work, a credit identifying
- the use of the Work in the Derivative Work (e.g., "French translation of the
- Work by Original Author," or "Screenplay based on original Work by Original
- Author"). Such credit may be implemented in any reasonable manner; provided,
- however, that in the case of a Derivative Work or Collective Work, at a minimum
- such credit will appear where any other comparable authorship credit appears
- and in a manner at least as prominent as such other comparable authorship
- credit.
-
- 5. Representations, Warranties and Disclaimer
-
- a. By offering the Work for public release under this License, Licensor represents
- and warrants that, to the best of Licensor's knowledge after reasonable inquiry:
-
- i. Licensor has secured all rights in the Work necessary to grant the license
- rights hereunder and to permit the lawful exercise of the rights granted hereunder
- without You having any obligation to pay any royalties, compulsory license
- fees, residuals or any other payments;
-
- ii. The Work does not infringe the copyright, trademark, publicity rights,
- common law rights or any other right of any third party or constitute defamation,
- invasion of privacy or other tortious injury to any third party.
-
- b. EXCEPT AS EXPRESSLY STATED IN THIS LICENSE OR OTHERWISE AGREED IN WRITING
- OR REQUIRED BY APPLICABLE LAW, THE WORK IS LICENSED ON AN "AS IS" BASIS, WITHOUT
- WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
- ANY WARRANTIES REGARDING THE CONTENTS OR ACCURACY OF THE WORK.
-
- 6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW,
- AND EXCEPT FOR DAMAGES ARISING FROM LIABILITY TO A THIRD PARTY RESULTING FROM
- BREACH OF THE WARRANTIES IN SECTION 5, 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 Derivative Works or Collective Works 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 digitally perform the Work or a Collective
- Work, 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 digitally perform a Derivative Work,
- 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.
-
- 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, neither party will use 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.
-
- Creative Commons may be contacted at http://creativecommons.org/.
|