githaven/options/license/CC-BY-ND-3.0

Creative Commons Attribution-NoDerivs 3.0 Unported

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1. Definitions

a. "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.

b. "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.

c. "Distribute" means to make available to the public the original and copies
of the Work through sale or other transfer of ownership.

d. "Licensor" means the individual, individuals, entity or entities that offer(s)
the Work under the terms of this License.

e. "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.

f. "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.

g. "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.

h. "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.

i. "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:

a. to Reproduce the Work, to incorporate the Work into one or more Collections,
and to Reproduce the Work as incorporated in the Collections; and,

b. to Distribute and Publicly Perform the Work including as incorporated in
Collections.

     c. For the avoidance of doubt:

i. 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;

ii. 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,

iii. 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
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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,
but otherwise you have no rights to make Adaptations. 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:

a. 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
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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.

b. If You Distribute, or Publicly Perform the Work 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
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(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. The credit required by this Section 4(b) may be implemented in any
reasonable manner; provided, however, that in the case of a Collection, at
a minimum such credit will appear, if a credit for all contributing authors
of the 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
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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.

c. 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 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.

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
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WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT,
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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

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 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.

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 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. 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.

c. 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.

d. 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.

e. 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.

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