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creative-commons-2.5.license.txt
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creative-commons-2.5.license.txt
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Creative Commons Legal Code
Attribution 2.5
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. 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. For the avoidance of doubt, where the Work is a musical composition or
sound recording, the synchronization of the Work in timed-relation with a moving
image ("synching") will 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.
e. For the avoidance of doubt, where the work is a musical composition:
i. Performance Royalties Under Blanket Licenses. Licensor waives the
exclusive right to collect, whether individually or via a
performance rights society (e.g. ASCAP, BMI, SESAC), royalties
for the public performance or public digital performance (e.g.
webcast) of the Work.
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exclusive right to collect, whether individually or via a music rights
agency or designated agent (e.g. Harry Fox Agency), royalties for
any phonorecord You create from the Work ("cover version") and
distribute, subject to the compulsory license created by 17 USC
Section 115 of the US Copyright Act (or the equivalent in other
jurisdictions).
f. Webcasting Rights and Statutory Royalties. For the avoidance of doubt,
where the Work is a sound recording, Licensor waives the exclusive right to
collect, whether individually or via a performance-rights society (e.g.
SoundExchange), royalties for the public digital performance (e.g. webcast) of
the Work, subject to the compulsory license created by 17 USC Section 114 of
the US Copyright Act (or the equivalent in other jurisdictions).
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
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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 credit as required by clause 4(b), 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 credit as required by clause 4(b), as requested.
b. 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 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 (ii) if the Original Author and/or Licensor
designate another party or parties (e.g. a sponsor institute, publishing entity,
journal) for attribution in Licensor's copyright notice, terms of service or by
other reasonable means, the name of such party or parties; the title of the Work
if supplied; to the extent reasonably practicable, the Uniform Resource
Identifier, 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; and 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
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 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 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
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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
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neither party will use the trademark "Creative Commons" or any related trademark
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Creative Commons may be contacted at http://creativecommons.org/.