260 lines
17 KiB
Plaintext
260 lines
17 KiB
Plaintext
Creative Commons Attribution 3.0 Unported
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http://creativecommons.org/licenses/by/3.0/
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License
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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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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE
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BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE
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CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE
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IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
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1. Definitions
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1. "Adaptation" means a work based upon the Work, or upon the Work and other
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pre-existing works, such as a translation, adaptation, derivative work,
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arrangement of music or other alterations of a literary or artistic work, or
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phonogram or performance and includes cinematographic adaptations or any
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other form in which the Work may be recast, transformed, or adapted
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including in any form recognizably derived from the original, except that a
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work that constitutes a Collection will not be considered an Adaptation for
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the purpose of this License. For the avoidance of doubt, where the Work is a
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musical work, performance or phonogram, the synchronization of the Work in
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timed-relation with a moving image ("synching") will be considered an
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Adaptation for the purpose of this License. 2. "Collection" means a
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collection of literary or artistic works, such as encyclopedias and
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anthologies, or performances, phonograms or broadcasts, or other works or
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subject matter other than works listed in Section 1(f) below, which, by
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reason of the selection and arrangement of their contents, constitute
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intellectual creations, in which the Work is included in its entirety in
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unmodified form along with one or more other contributions, each
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constituting separate and independent works in themselves, which together
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are assembled into a collective whole. A work that constitutes a Collection
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will not be considered an Adaptation (as defined above) for the purposes of
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this License. 3. "Distribute" means to make available to the public the
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original and copies of the Work or Adaptation, as appropriate, through sale
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or other transfer of ownership. 4. "Licensor" means the individual,
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individuals, entity or entities that offer(s) the Work under the terms of
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this License. 5. "Original Author" means, in the case of a literary or
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artistic work, the individual, individuals, entity or entities who created
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the Work or if no individual or entity can be identified, the publisher; and
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in addition (i) in the case of a performance the actors, singers, musicians,
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dancers, and other persons who act, sing, deliver, declaim, play in,
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interpret or otherwise perform literary or artistic works or expressions of
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folklore; (ii) in the case of a phonogram the producer being the person or
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legal entity who first fixes the sounds of a performance or other sounds;
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and, (iii) in the case of broadcasts, the organization that transmits the
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broadcast. 6. "Work" means the literary and/or artistic work offered under
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the 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 form
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of its expression including digital form, such as a book, pamphlet and other
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writing; a lecture, address, sermon or other work of the same nature; a
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dramatic or dramatico-musical work; a choreographic work or entertainment in
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dumb show; a musical composition with or without words; a cinematographic
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work to which are assimilated works expressed by a process analogous to
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cinematography; a work of drawing, painting, architecture, sculpture,
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engraving or lithography; a photographic work to which are assimilated works
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expressed by a process analogous to photography; a work of applied art; an
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illustration, map, plan, sketch or three-dimensional work relative to
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geography, topography, architecture or science; a performance; a broadcast;
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a phonogram; a compilation of data to the extent it is protected as a
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copyrightable work; or a work performed by a variety or circus performer to
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the extent it is not otherwise considered a literary or artistic work. 7.
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"You" means an individual or entity exercising rights under this License who
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has not previously violated the terms of this License with respect to the
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Work, or who has received express permission from the Licensor to exercise
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rights under this License despite a previous violation. 8. "Publicly
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Perform" means to perform public recitations of the Work and to communicate
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to the public those public recitations, by any means or process, including
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by wire or wireless means or public digital performances; to make available
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to the public Works in such a way that members of the public may access
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these Works from a place and at a place individually chosen by them; to
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perform the Work to the public by any means or process and the communication
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to the public of the performances of the Work, including by public digital
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performance; to broadcast and rebroadcast the Work by any means including
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signs, sounds or images. 9. "Reproduce" means to make copies of the Work by
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any means including without limitation by sound or visual recordings and the
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right of fixation and reproducing fixations of the Work, including storage
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of a protected performance or phonogram in digital form or other electronic
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medium.
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2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit,
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or restrict any uses free from copyright or rights arising from limitations or
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exceptions that are provided for in connection with the copyright protection
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under copyright law or other applicable laws.
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3. License Grant. Subject to the terms and conditions of this License, Licensor
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hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the
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duration of the applicable copyright) license to exercise the rights in the
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Work as stated below:
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1. 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 Collections;
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2. to create and Reproduce Adaptations provided that any such Adaptation,
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including any translation in any medium, takes reasonable steps to clearly
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label, demarcate or otherwise identify that changes were made to the
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original Work. For example, a translation could be marked "The original work
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was translated from English to Spanish," or a modification could indicate
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"The original work has been modified."; 3. to Distribute and Publicly
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Perform the Work including as incorporated in Collections; and, 4. to
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Distribute and Publicly Perform Adaptations. 5.
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For the avoidance of doubt: 1. Non-waivable Compulsory License Schemes.
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In those jurisdictions in which the right to collect royalties through
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any statutory or compulsory licensing scheme cannot be waived, the
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Licensor reserves the exclusive right to collect such royalties for any
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exercise by You of the rights granted under this License; 2. Waivable
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Compulsory License Schemes. In those jurisdictions in which the right to
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collect royalties through any statutory or compulsory licensing scheme
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can be waived, the Licensor waives the exclusive right to collect such
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royalties for any exercise by You of the rights granted under this
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License; and, 3. Voluntary License Schemes. The Licensor waives the right
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to collect royalties, whether individually or, in the event that the
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Licensor is a member of a collecting society that administers voluntary
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licensing schemes, via that society, from any exercise by You of the
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rights granted under this License.
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The above rights may be exercised in all media and formats whether now known or
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hereafter devised. The above rights include the right to make such
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modifications as are technically necessary to exercise the rights in other
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media and formats. Subject to Section 8(f), all rights not expressly granted by
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Licensor are hereby reserved.
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4. Restrictions. The license granted in Section 3 above is expressly made
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subject to and limited by the following restrictions:
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1. You may Distribute or Publicly Perform the Work only under the terms of
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this License. You must include a copy of, or the Uniform Resource Identifier
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(URI) for, this License with every copy of the Work You Distribute or
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Publicly Perform. You may not offer or impose any terms on the Work that
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restrict the terms of this License or the ability of the recipient of the
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Work to exercise the rights granted to that recipient under the terms of the
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License. You may not sublicense the Work. You must keep intact all notices
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that refer to this License and to the disclaimer of warranties with every
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copy of the Work You Distribute or Publicly Perform. When You Distribute or
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Publicly Perform the Work, You may not impose any effective technological
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measures on the Work that restrict the ability of a recipient of the Work
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from You to exercise the rights granted to that recipient under the terms of
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the License. This Section 4(a) applies to the Work as incorporated in a
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Collection, but this does not require the Collection apart from the Work
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itself to be made subject to the terms of this License. If You create a
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Collection, upon notice from any Licensor You must, to the extent
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practicable, remove from the Collection any credit as required by Section
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4(b), as requested. If You create an Adaptation, upon notice from any
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Licensor You must, to the extent practicable, remove from the Adaptation any
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credit as required by Section 4(b), as requested. 2. If You Distribute, or
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Publicly Perform the Work or any Adaptations or Collections, You must,
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unless a request has been made pursuant to Section 4(a), keep intact all
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copyright notices for the Work and provide, reasonable to the medium or
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means You are utilizing: (i) the name of the Original Author (or pseudonym,
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if applicable) if supplied, and/or if the Original Author and/or Licensor
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designate another party or parties (e.g., a sponsor institute, publishing
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entity, journal) for attribution ("Attribution Parties") in Licensor's
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copyright notice, terms of service or by other reasonable means, the name of
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such party or parties; (ii) the title of the Work if supplied; (iii) to the
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extent reasonably practicable, the URI, if any, that Licensor specifies to
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be associated with the Work, unless such URI does not refer to the copyright
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notice or licensing information for the Work; and (iv) , consistent with
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Section 3(b), in the case of an Adaptation, a credit identifying the use of
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the Work in the Adaptation (e.g., "French translation of the Work by
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Original Author," or "Screenplay based on original Work by Original
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Author"). The credit required by this Section 4 (b) may be implemented in
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any reasonable manner; provided, however, that in the case of a Adaptation
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or Collection, at a minimum such credit will appear, if a credit for all
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contributing authors of the Adaptation or Collection appears, then as part
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of these credits and in a manner at least as prominent as the credits for
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the other contributing authors. For the avoidance of doubt, You may only use
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the credit required by this Section for the purpose of attribution in the
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manner set out above and, by exercising Your rights under this License, You
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may not implicitly or explicitly assert or imply any connection with,
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sponsorship or endorsement by the Original Author, Licensor and/or
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Attribution Parties, as appropriate, of You or Your use of the Work, without
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the separate, express prior written permission of the Original Author,
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Licensor and/or Attribution Parties. 3. Except as otherwise agreed in
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writing by the Licensor or as may be otherwise permitted by applicable law,
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if You Reproduce, Distribute or Publicly Perform the Work either by itself
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or as part of any Adaptations or Collections, You must not distort,
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mutilate, modify or take other derogatory action in relation to the Work
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which would be prejudicial to the Original Author's honor or reputation.
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Licensor agrees that in those jurisdictions (e.g. Japan), in which any
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exercise of the right granted in Section 3(b) of this License (the right to
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make Adaptations) would be deemed to be a distortion, mutilation,
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modification or other derogatory action prejudicial to the Original Author's
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honor and reputation, the Licensor will waive or not assert, as appropriate,
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this Section, to the fullest extent permitted by the applicable national
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law, to enable You to reasonably exercise Your right under Section 3(b) of
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this License (right to make Adaptations) but not otherwise.
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5. Representations, Warranties and Disclaimer
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS
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THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
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CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
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WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A
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PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS,
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ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.
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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH
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EXCLUSION MAY NOT APPLY TO YOU.
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6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN
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NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
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INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS
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LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES.
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7. Termination
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1. This License and the rights granted hereunder will terminate
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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 from
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You under this License, however, will not have their licenses terminated
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provided such individuals or entities remain in full compliance with those
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licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this
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License. 2. Subject to the above terms and conditions, the license granted
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here is perpetual (for the duration of the applicable copyright in the
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Work). 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
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time; provided, however that any such election will not serve to withdraw
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this License (or any other license that has been, or is required to be,
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granted under the terms of this License), and this License will continue in
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full force and effect unless terminated as stated above.
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8. Miscellaneous
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1. Each time You Distribute or Publicly Perform the Work or a Collection,
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the Licensor offers to the recipient a license to the Work on the same terms
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and conditions as the license granted to You under this License. 2. Each
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time You Distribute or Publicly Perform an Adaptation, Licensor offers to
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the recipient a license to the original Work on the same terms and
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conditions as the license granted to You under this License. 3. If any
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provision of this License is invalid or unenforceable under applicable law,
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it shall not affect the validity or enforceability of the remainder of the
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terms of this License, and without further action by the parties to this
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agreement, such provision shall be reformed to the minimum extent necessary
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to make such provision valid and enforceable. 4. No term or provision of
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this License shall be deemed waived and no breach consented to unless such
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waiver or consent shall be in writing and signed by the party to be charged
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with such waiver or consent. 5. This License constitutes the entire
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agreement between the parties with respect to the Work licensed here. There
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are no understandings, agreements or representations with respect to the
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Work not specified here. Licensor shall not be bound by any additional
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provisions that may appear in any communication from You. This License may
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not be modified without the mutual written agreement of the Licensor and
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You. 6. The rights granted under, and the subject matter referenced, in
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this License were drafted utilizing the terminology of the Berne Convention
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for the Protection of Literary and Artistic Works (as amended on September
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28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996,
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the WIPO Performances and Phonograms Treaty of 1996 and the Universal
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Copyright Convention (as revised on July 24, 1971). These rights and subject
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matter take effect in the relevant jurisdiction in which the License terms
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are sought to be enforced according to the corresponding provisions of the
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implementation of those treaty provisions in the applicable national law. If
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the standard suite of rights granted under applicable copyright law includes
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additional rights not granted under this License, such additional rights are
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deemed to be included in the License; this License is not intended to
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restrict the license of any rights under applicable law.
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