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Creative Commons Attribution-NoDerivs 2.5 [2005] PubRL 58 (1 June 2005)
Creative Commons Attribution-NoDerivs
Version: 2.5
Copyright: No
URL: http://creativecommons.org/licenses/by-nd/2.5/legalcode
Type: Content
Media: Generic
Country: International
Licence text
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
- "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.
- "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.
- "Licensor"
means the individual or entity that offers the Work under the terms of this
License.
- "Original
Author" means the individual or entity who created the Work.
- "Work"
means the copyrightable work of authorship offered under the terms of this
License.
- "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:
- 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;
- 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.
- For
the avoidance of doubt, where the work is a musical composition:
- 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.
- Mechanical
Rights and Statutory Royalties. Licensor waives the exclusive right to
collect, whether individually or via a music rights society 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).
- 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, but otherwise you
have
no rights to make Derivative Works. 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:
- 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 credit as required by clause 4(b), as requested.
- If
you distribute, publicly display, publicly perform, or publicly digitally
perform the Work 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; and 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. 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
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 MATERIALS, 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
- 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.
- 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
- Each
time You distribute or publicly digitally perform the 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.
- 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.
- 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.
- 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
Creative Commons' then-current trademark usage guidelines, as may be published
on its website
or otherwise made available upon request from time to time.
Creative Commons may be contacted at http://creativecommons.org/.
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