forked from Shiloh/githaven
291 lines
17 KiB
Plaintext
291 lines
17 KiB
Plaintext
Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported CREATIVE
|
|
COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES.
|
|
DISTRIBUTION OF THIS 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 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
|
|
|
|
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.
|
|
|
|
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 8(f), all
|
|
rights not expressly granted by Licensor are hereby reserved, including but
|
|
not limited to the rights set forth in Section 4(d).
|
|
|
|
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
|
|
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(c), as requested.
|
|
|
|
b. You may not exercise any of the rights granted to You in Section 3 above
|
|
in any manner that is primarily intended for or directed toward commercial
|
|
advantage or private monetary compensation. The exchange of the Work for other
|
|
copyrighted works by means of digital file-sharing or otherwise shall not
|
|
be considered to be intended for or directed toward commercial advantage or
|
|
private monetary compensation, provided there is no payment of any monetary
|
|
compensation in connection with the exchange of copyrighted works.
|
|
|
|
c. 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
|
|
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. The credit required by this Section 4(c) 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 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.
|
|
|
|
d. 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 reserves the exclusive right to collect such royalties
|
|
for any exercise by You of the rights granted under this License if Your exercise
|
|
of such rights is for a purpose or use which is otherwise than noncommercial
|
|
as permitted under Section 4(b) and otherwise waives the right to collect
|
|
royalties through any statutory or compulsory licensing scheme; and,
|
|
|
|
iii. Voluntary License Schemes. The Licensor reserves 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
|
|
that is for a purpose or use which is otherwise than noncommercial as permitted
|
|
under Section 4(b).
|
|
|
|
e. 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 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
|
|
|
|
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.
|
|
|
|
Creative Commons Notice
|
|
|
|
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, Creative Commons does not authorize the use by either
|
|
party of 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. For the avoidance of doubt,
|
|
this trademark restriction does not form part of this License.
|
|
|
|
Creative Commons may be contacted at http://creativecommons.org/.
|