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CC-BY-ND-1.0.txt
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CC-BY-ND-1.0.txt
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Creative Commons Attribution-NoDerivs 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 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;
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.
b. If you distribute, publicly display, publicly perform, or publicly digitally
perform the Work or any 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. Such
credit may be implemented in any reasonable manner; provided, however, that
in the case of a 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;
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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 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. 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.
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
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on its website or otherwise made available upon request from time to time.
Creative Commons may be contacted at http://creativecommons.org/.