252 lines
15 KiB
Text
252 lines
15 KiB
Text
Creative Commons Attribution-NonCommercial-ShareAlike 2.0 CREATIVE COMMONS
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CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION
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OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE
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COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES
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NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY
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FOR DAMAGES RESULTING FROM ITS USE.
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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 ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR
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OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS
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LICENSE OR COPYRIGHT LAW 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 OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
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1. Definitions
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a. "Collective Work" means a work, such as a periodical issue, anthology or
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encyclopedia, in which the Work in its entirety in unmodified form, along
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with a number of other contributions, constituting separate and independent
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works in themselves, are assembled into a collective whole. A work that constitutes
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a Collective Work will not be considered a Derivative Work (as defined below)
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for the purposes of this License.
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b. "Derivative Work" means a work based upon the Work or upon the Work and
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other pre-existing works, such as a translation, musical arrangement, dramatization,
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fictionalization, motion picture version, sound recording, art reproduction,
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abridgment, condensation, or any other form in which the Work may be recast,
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transformed, or adapted, except that a work that constitutes a Collective
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Work will not be considered a Derivative Work for the purpose of this License.
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For the avoidance of doubt, where the Work is a musical composition or sound
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recording, the synchronization of the Work in timed-relation with a moving
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image ("synching") will be considered a Derivative Work for the purpose of
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this License.
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c. "Licensor" means the individual or entity that offers the Work under the
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terms of this License.
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d. "Original Author" means the individual or entity who created the Work.
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e. "Work" means the copyrightable work of authorship offered under the terms
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of this License.
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f. "You" means an individual or entity exercising rights under this License
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who has not previously violated the terms of this License with respect to
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the Work, or who has received express permission from the Licensor to exercise
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rights under this License despite a previous violation.
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g. "License Elements" means the following high-level license attributes as
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selected by Licensor and indicated in the title of this License: Attribution,
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Noncommercial, ShareAlike.
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2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
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or restrict any rights arising from fair use, first sale or other limitations
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on the exclusive rights of the copyright owner under copyright law or other
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applicable laws.
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3. License Grant. Subject to the terms and conditions of this License, Licensor
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hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for
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the duration of the applicable copyright) license to exercise the rights in
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the Work as stated below:
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a. to reproduce the Work, to incorporate the Work into one or more Collective
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Works, and to reproduce the Work as incorporated in the Collective Works;
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b. to create and reproduce Derivative Works;
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c. to distribute copies or phonorecords of, display publicly, perform publicly,
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and perform publicly by means of a digital audio transmission the Work including
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as incorporated in Collective Works;
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d. to distribute copies or phonorecords of, display publicly, perform publicly,
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and perform publicly by means of a digital audio transmission Derivative Works;
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The above rights may be exercised in all media and formats whether now known
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or hereafter devised. The above rights include the right to make such modifications
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as are technically necessary to exercise the rights in other media and formats.
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All rights not expressly granted by Licensor are hereby reserved, including
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but not limited to the rights set forth in Sections 4(e) and 4(f).
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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, publicly display, publicly perform, or publicly digitally
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perform the Work only under the terms of this License, and You must include
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a copy of, or the Uniform Resource Identifier for, this License with every
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copy or phonorecord of the Work You distribute, publicly display, publicly
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perform, or publicly digitally perform. You may not offer or impose any terms
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on the Work that alter or restrict the terms of this License or the recipients'
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exercise of the rights granted hereunder. You may not sublicense the Work.
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You must keep intact all notices that refer to this License and to the disclaimer
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of warranties. You may not distribute, publicly display, publicly perform,
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or publicly digitally perform the Work with any technological measures that
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control access or use of the Work in a manner inconsistent with the terms
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of this License Agreement. The above applies to the Work as incorporated in
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a Collective Work, but this does not require the Collective Work apart from
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the Work itself to be made subject to the terms of this License. If You create
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a Collective Work, upon notice from any Licensor You must, to the extent practicable,
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remove from the Collective Work any reference to such Licensor or the Original
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Author, as requested. If You create a Derivative Work, upon notice from any
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Licensor You must, to the extent practicable, remove from the Derivative Work
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any reference to such Licensor or the Original Author, as requested.
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b. You may distribute, publicly display, publicly perform, or publicly digitally
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perform a Derivative Work only under the terms of this License, a later version
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of this License with the same License Elements as this License, or a Creative
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Commons iCommons license that contains the same License Elements as this License
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(e.g. Attribution-NonCommercial-ShareAlike 2.0 Japan). You must include a
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copy of, or the Uniform Resource Identifier for, this License or other license
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specified in the previous sentence with every copy or phonorecord of each
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Derivative Work You distribute, publicly display, publicly perform, or publicly
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digitally perform. You may not offer or impose any terms on the Derivative
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Works that alter or restrict the terms of this License or the recipients'
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exercise of the rights granted hereunder, and You must keep intact all notices
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that refer to this License and to the disclaimer of warranties. You may not
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distribute, publicly display, publicly perform, or publicly digitally perform
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the Derivative Work with any technological measures that control access or
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use of the Work in a manner inconsistent with the terms of this License Agreement.
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The above applies to the Derivative Work as incorporated in a Collective Work,
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but this does not require the Collective Work apart from the Derivative Work
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itself to be made subject to the terms of this License.
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c. 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 intended for or directed toward commercial advantage or
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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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d. If you distribute, publicly display, publicly perform, or publicly digitally
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perform the Work or any Derivative Works or Collective Works, You must keep
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intact all copyright notices for the Work and give the Original Author credit
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reasonable to the medium or means You are utilizing by conveying the name
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(or pseudonym if applicable) of the Original Author if supplied; the title
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of the Work if supplied; to the extent reasonably practicable, the Uniform
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Resource Identifier, if any, that Licensor specifies to be associated with
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the Work, unless such URI does not refer to the copyright notice or licensing
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information for the Work; and in the case of a Derivative Work, a credit identifying
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the use of the Work in the Derivative Work (e.g., "French translation of the
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Work by Original Author," or "Screenplay based on original Work by Original
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Author"). Such credit may be implemented in any reasonable manner; provided,
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however, that in the case of a Derivative Work or Collective Work, at a minimum
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such credit will appear where any other comparable authorship credit appears
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and in a manner at least as prominent as such other comparable authorship
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credit.
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e. For the avoidance of doubt, where the Work is a musical composition:
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i. Performance Royalties Under Blanket Licenses. Licensor reserves the exclusive
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right to collect, whether individually or via a performance rights society
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(e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital
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performance (e.g. webcast) of the Work if that performance is primarily intended
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for or directed toward commercial advantage or private monetary compensation.
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ii. Mechanical Rights and Statutory Royalties. Licensor reserves the exclusive
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right to collect, whether individually or via a music rights agency or designated
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agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from
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the Work ("cover version") and distribute, subject to the compulsory license
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created by 17 USC Section 115 of the US Copyright Act (or the equivalent in
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other jurisdictions), if Your distribution of such cover version is primarily
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intended for or directed toward commercial advantage or private monetary compensation.
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f. Webcasting Rights and Statutory Royalties. For the avoidance of doubt,
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where the Work is a sound recording, Licensor reserves the exclusive right
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to collect, whether individually or via a performance-rights society (e.g.
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SoundExchange), royalties for the public digital performance (e.g. webcast)
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of the Work, subject to the compulsory license created by 17 USC Section 114
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of the US Copyright Act (or the equivalent in other jurisdictions), if Your
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public digital performance is primarily intended for or directed toward commercial
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advantage or private monetary compensation.
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5. Representations, Warranties and Disclaimer
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS
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THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING
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THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
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WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT,
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OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE
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OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE
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EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
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6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW,
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IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
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INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS
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LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY
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OF SUCH DAMAGES.
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7. Termination
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a. This License and the rights granted hereunder will terminate automatically
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upon any breach by You of the terms of this License. Individuals or entities
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who have received Derivative Works or Collective Works from You under this
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License, however, will not have their licenses terminated provided such individuals
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or entities remain in full compliance with those licenses. Sections 1, 2,
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5, 6, 7, and 8 will survive any termination of this License.
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b. Subject to the above terms and conditions, the license granted here is
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perpetual (for the duration of the applicable copyright in the Work). Notwithstanding
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the above, Licensor reserves the right to release the Work under different
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license terms or to stop distributing the Work at any time; provided, however
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that any such election will not serve to withdraw this License (or any other
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license that has been, or is required to be, granted under the terms of this
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License), and this License will continue in full force and effect unless terminated
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as stated above.
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8. Miscellaneous
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a. Each time You distribute or publicly digitally perform the Work or a Collective
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Work, the Licensor offers to the recipient a license to the Work on the same
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terms and conditions as the license granted to You under this License.
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b. Each time You distribute or publicly digitally perform a Derivative Work,
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Licensor offers to the recipient a license to the original Work on the same
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terms and conditions as the license granted to You under this License.
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c. If any provision of this License is invalid or unenforceable under applicable
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law, it shall not affect the validity or enforceability of the remainder of
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the terms of this License, and without further action by the parties to this
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agreement, such provision shall be reformed to the minimum extent necessary
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to make such provision valid and enforceable.
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d. 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 party to be charged with such waiver or consent.
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e. This License constitutes the entire agreement between the parties with
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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. Licensor shall
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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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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 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, neither party will use the trademark "Creative Commons"
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or any related trademark or logo of Creative Commons without the prior written
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consent of Creative Commons. Any permitted use will be in compliance with
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Creative Commons' then-current trademark usage guidelines, as may be published
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on its website or otherwise made available upon request from time to time.
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Creative Commons may be contacted at http://creativecommons.org/.
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