299 lines
17 KiB
Text
299 lines
17 KiB
Text
Attribution-NonCommercial-NoDerivs 3.0 IGO
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
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SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT
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RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS.
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CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND
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DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE. THE LICENSOR IS NOT
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NECESSARILY AN INTERGOVERNMENTAL ORGANIZATION (IGO), AS DEFINED IN THE LICENSE
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BELOW.
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License
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS
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PUBLIC LICENSE ("LICENSE"). THE LICENSOR (DEFINED BELOW) HOLDS COPYRIGHT AND
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OTHER RIGHTS IN THE WORK. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER
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THIS LICENSE IS PROHIBITED.
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO
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BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS
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CONTAINED HERE IN CONSIDERATION FOR YOUR ACCEPTANCE AND AGREEMENT TO THE TERMS
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OF THE LICENSE.
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1. Definitions
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a. "IGO" means, solely and exclusively for purposes of this License, an organization
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established by a treaty or other instrument governed by international law
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and possessing its own international legal personality. Other organizations
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established to carry out activities across national borders and that accordingly
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enjoy immunity from legal process are also IGOs for the sole and exclusive
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purposes of this License. IGOs may include as members, in addition to states,
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other entities.
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b. "Work" means the literary and/or artistic work eligible for copyright protection,
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whatever may be the mode or form of its expression including digital form,
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and offered under the terms of this License. It is understood that a database,
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which by reason of the selection and arrangement of its contents constitutes
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an intellectual creation, is considered a Work.
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c. "Licensor" means the individual, individuals, entity or entities that offer(s)
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the Work under the terms of this License and may be, but is not necessarily,
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an IGO.
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d. "You" means an individual or entity exercising rights under this License.
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e. "Reproduce" means to make a copy of the Work in any manner or form, and
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by any means.
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f. "Distribute" means the activity of making publicly available the Work (or
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copies of the Work), as applicable, by sale, rental, public lending or any
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other known form of transfer of ownership or possession of the Work or copy
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of the Work.
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g. "Publicly Perform" means to perform public recitations of the Work and
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to communicate to the public those public recitations, by any means or process,
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including by wire or wireless means or public digital performances; to make
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available to the public Works in such a way that members of the public may
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access these Works from a place and at a place individually chosen by them;
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to 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.
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h. "Adaptation" means a work derived from or based upon the Work, or upon
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the Work and other pre-existing works. Adaptations may include works such
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as translations, derivative works, or any alterations and arrangements of
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any kind involving the Work. For purposes of this License, where the Work
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is a musical work, performance, or phonogram, the synchronization of the Work
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in timed-relation with a moving image is an Adaptation. For the avoidance
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of doubt, including the Work in a Collection is not an Adaptation.
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i. "Collection" means a collection of literary or artistic works or other
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works or subject matter other than works listed in Section 1(b) which by reason
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of the selection and arrangement of their contents, constitute intellectual
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creations, in which the Work is included in its entirety in unmodified form
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along with one or more other contributions, each constituting separate and
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independent works in themselves, which together are assembled into a collective
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whole. For the avoidance of doubt, a Collection will not be considered as
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an Adaptation.
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2. Scope of this License. Nothing in this License is intended to reduce, limit,
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or restrict any uses free from copyright protection.
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3. License Grant. Subject to the terms and conditions of this License, the
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Licensor hereby grants You a worldwide, royalty-free, non-exclusive license
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to exercise the rights in the Work as follows:
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a. to Reproduce, Distribute and Publicly Perform the Work, to incorporate
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the Work into one or more Collections, and to Reproduce, Distribute and Publicly
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Perform the Work as incorporated in the Collections.
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This License lasts for the duration of the term of the copyright in the Work
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licensed by the Licensor. The above rights may be exercised in all media and
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formats whether now known or hereafter devised. The above rights include the
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right to make such modifications as are technically necessary to exercise
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the rights in other media and formats, but otherwise you have no rights to
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make Adaptations. All rights not expressly granted by the Licensor are hereby
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reserved, including but not limited to the rights set forth in Section 4(d).
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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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a. 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 Publicly
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Perform. You may not offer or impose any terms on the Work that restrict the
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terms of this License or the ability of the recipient of the Work to exercise
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the rights granted to that recipient under the terms of the License. You may
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not sublicense the Work (see section 8(a)). 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
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of 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 itself
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to be made subject to the terms of this License. If You create a Collection,
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upon notice from a Licensor You must, to the extent practicable, remove from
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the Collection any credit (inclusive of any logo, trademark, official mark
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or official emblem) as required by Section 4(c), as requested.
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b. You may not exercise any of the rights granted to You in Section 3 above
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in any manner that is primarily intended for or directed toward commercial
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advantage or private monetary compensation. The exchange of the Work for other
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copyrighted works by means of digital file-sharing or otherwise shall not
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be considered to be primarily intended for or directed toward commercial advantage
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or private monetary compensation, provided there is no payment of any monetary
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compensation in connection with the exchange of copyrighted works.
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c. If You Distribute, or Publicly Perform the Work or any Collections, You
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must, unless a request has been made pursuant to Section 4(a), keep intact
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all copyright notices for the Work and provide, reasonable to the medium or
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means You are utilizing: (i) any attributions that the Licensor indicates
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be associated with the Work as indicated in a copyright notice, (ii) the title
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of the Work if supplied; (iii) to the extent reasonably practicable, the URI,
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if any, that the Licensor specifies to be associated with the Work, unless
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such URI does not refer to the copyright notice or licensing information for
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the Work. The credit required by this Section 4(c) may be implemented in any
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reasonable manner; provided, however, that in the case of a Collection, at
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a minimum such credit will appear, if a credit for all contributors to the
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Collection appears, then as part of these credits and in a manner at least
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as prominent as the credits for the other contributors. For the avoidance
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of doubt, You may only use the credit required by this Section for the purpose
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of attribution in the manner set out above and, by exercising Your rights
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under this License, You may not implicitly or explicitly assert or imply any
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connection with, sponsorship or endorsement by the Licensor or others designated
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for attribution, of You or Your use of the Work, without the separate, express
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prior written permission of the Licensor or such others.
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d. For the avoidance of doubt:
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i. Non-waivable Compulsory License Schemes. In those jurisdictions in which
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the right to collect royalties through any statutory or compulsory licensing
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scheme cannot be waived, the Licensor reserves the exclusive right to collect
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such royalties for any exercise by You of the rights granted under this License;
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ii. Waivable Compulsory License Schemes. In those jurisdictions in which the
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right to collect royalties through any statutory or compulsory licensing scheme
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can be waived, the Licensor reserves the exclusive right to collect such royalties
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for any exercise by You of the rights granted under this License if Your exercise
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of such rights is for a purpose or use which is otherwise than noncommercial
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as permitted under Section 4(b) and otherwise waives the right to collect
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royalties through any statutory or compulsory licensing scheme; and,
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iii. Voluntary License Schemes. To the extent possible, the Licensor waives
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the right to collect royalties from You for the exercise of the Licensed Rights,
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whether directly or through a collecting society under any voluntary licensing
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scheme. In all other cases the Licensor expressly reserves the right to collect
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such royalties.
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e. Except as otherwise agreed in writing by the Licensor, if You Reproduce,
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Distribute or Publicly Perform the Work either by itself or as part of any
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Collections, You must not distort, mutilate, modify or take other derogatory
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action in relation to the Work which would be prejudicial to the honor or
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reputation of the Licensor where moral rights apply.
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5. Representations, Warranties and Disclaimer
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THE LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES
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OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
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INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
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FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER
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DEFECTS, ACCURACY, OR THE PRESENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.
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6. Limitation on Liability
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IN NO EVENT WILL THE LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY
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SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING
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OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF THE LICENSOR HAS BEEN
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ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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7. Termination
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a. Subject to the terms and conditions set forth in this License, the license
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granted here lasts for the duration of the term of the copyright in the Work
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licensed by the Licensor as stated in Section 3. Notwithstanding the above,
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the Licensor reserves the right to release the Work under different license
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terms or to stop distributing the Work at any time; provided, however that
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any such election will not serve to withdraw this License (or any other license
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that has been, or is required to be, granted under the terms of this License),
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and this License will continue in full force and effect unless terminated
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as stated below.
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b. If You fail to comply with this License, then this License and the rights
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granted hereunder will terminate automatically upon any breach by You of the
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terms of this License. Individuals or entities who have received Collections
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from 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. Notwithstanding the foregoing, this License reinstates automatically
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as of the date the violation is cured, provided it is cured within 30 days
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of You discovering the violation, or upon express reinstatement by the Licensor.
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For the avoidance of doubt, this Section 7(b) does not affect any rights the
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Licensor may have to seek remedies for violations of this License by You.
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8. Miscellaneous
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a. 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.
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b. If any provision of this License is invalid or unenforceable, it shall
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not affect the validity or enforceability of the remainder of the terms of
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this License, and without further action, such provision shall be reformed
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to the minimum extent necessary to make such provision valid and enforceable.
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c. No term or provision of this License shall be deemed waived and no breach
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consented to unless such waiver or consent shall be in writing and signed
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by the Licensor.
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d. This License constitutes the entire agreement between You and the Licensor
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with respect to the Work licensed here. There are no understandings, agreements
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or representations with respect to the Work not specified here. The Licensor
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shall not be bound by any additional provisions that may appear in any communication
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from You. This License may not be modified without the mutual written agreement
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of the Licensor and You.
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e. The rights granted under, and the subject matter referenced, in this License
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were drafted utilizing the terminology of the Berne Convention for the Protection
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of Literary and Artistic Works (as amended on September 28, 1979), the Rome
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Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances
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and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised
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on July 24, 1971). Interpretation of the scope of the rights granted by the
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Licensor and the conditions imposed on You under this License, this License,
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and the rights and conditions set forth herein shall be made with reference
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to copyright as determined in accordance with general principles of international
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law, including the above mentioned conventions.
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f. Nothing in this License constitutes or may be interpreted as a limitation
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upon or waiver of any privileges and immunities that may apply to the Licensor
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or You, including immunity from the legal processes of any jurisdiction, national
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court or other authority.
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g. Where the Licensor is an IGO, any and all disputes arising under this License
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that cannot be settled amicably shall be resolved in accordance with the following
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procedure:
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i. Pursuant to a notice of mediation communicated by reasonable means by either
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You or the Licensor to the other, the dispute shall be submitted to non-binding
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mediation conducted in accordance with rules designated by the Licensor in
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the copyright notice published with the Work, or if none then in accordance
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with those communicated in the notice of mediation. The language used in the
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mediation proceedings shall be English unless otherwise agreed.
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ii. If any such dispute has not been settled within 45 days following the
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date on which the notice of mediation is provided, either You or the Licensor
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may, pursuant to a notice of arbitration communicated by reasonable means
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to the other, elect to have the dispute referred to and finally determined
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by arbitration. The arbitration shall be conducted in accordance with the
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rules designated by the Licensor in the copyright notice published with the
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Work, or if none then in accordance with the UNCITRAL Arbitration Rules as
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then in force. The arbitral tribunal shall consist of a sole arbitrator and
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the language of the proceedings shall be English unless otherwise agreed.
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The place of arbitration shall be where the Licensor has its headquarters.
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The arbitral proceedings shall be conducted remotely (e.g., via telephone
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conference or written submissions) whenever practicable.
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iii. Interpretation of this License in any dispute submitted to mediation
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or arbitration shall be as set forth in Section 8(e), above.
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Creative Commons Notice
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Creative Commons is not a party to this License, and makes no warranty whatsoever
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in connection with the Work. Creative Commons will not be liable to You or
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any party on any legal theory for any damages whatsoever, including without
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limitation any general, special, incidental or consequential damages arising
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in connection to this license. Notwithstanding the foregoing two (2) sentences,
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if Creative Commons has expressly identified itself as the Licensor hereunder,
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it shall have all rights and obligations of the Licensor.
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Except for the limited purpose of indicating to the public that the Work is
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licensed under the CCPL, Creative Commons does not authorize the use by either
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Any permitted use will be in compliance with Creative Commons' then-current
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made available upon request from time to time. For the avoidance of doubt,
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this trademark restriction does not form part of this License.
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Creative Commons may be contacted at https://creativecommons.org/.
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