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Creative Commons Attribution-NonCommercial 3.0 [2007] PubRL 14 (23 February 2007)
Creative Commons Attribution-NonCommercial
Version: 3.0
Copyright: No
URL: http://creativecommons.org/licenses/by-nc/3.0/legalcode
Type: Content, science, Software
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. TO THE EXTENT THIS
LICENSE MAY BE
CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE
IN CONSIDERATION OF YOUR ACCEPTANCE
OF SUCH TERMS AND CONDITIONS.
1. Definitions
- "Adaptation"
means a work based upon the Work, or upon the Work and other pre-existing works,
such as a translation, adaptation, derivative work,
arrangement of music or
other alterations of a literary or artistic work, or phonogram or performance
and includes cinematographic
adaptations or any other form in which the Work may
be recast, transformed, or adapted including in any form recognizably derived
from the original, except that a work that constitutes a Collection will not be
considered an Adaptation for the purpose of this
License. For the avoidance of
doubt, where the Work is a musical work, performance or phonogram, the
synchronization of the Work
in timed-relation with a moving image ("synching")
will be considered an Adaptation for the purpose of this License.
- "Collection"
means a collection of literary or artistic works, such as encyclopedias and
anthologies, or performances, phonograms or broadcasts,
or other works or
subject matter other than works listed in Section 1(f) below, which, by reason
of the selection and arrangement
of their contents, constitute intellectual
creations, in which the Work is included in its entirety in unmodified form
along with
one or more other contributions, each constituting separate and
independent works in themselves, which together are assembled into
a collective
whole. A work that constitutes a Collection will not be considered an Adaptation
(as defined above) for the purposes
of this License.
- "Distribute"
means to make available to the public the original and copies of the Work or
Adaptation, as appropriate, through sale or other transfer
of
ownership.
- "Licensor"
means the individual, individuals, entity or entities that offer(s) the Work
under the terms of this License.
- "Original
Author" means, in the case of a literary or artistic work, the individual,
individuals, entity or entities who created the Work or if no
individual or
entity can be identified, the publisher; and in addition (i) in the case of a
performance the actors, singers, musicians,
dancers, and other persons who act,
sing, deliver, declaim, play in, interpret or otherwise perform literary or
artistic works or
expressions of folklore; (ii) in the case of a phonogram the
producer being the person or legal entity who first fixes the sounds
of a
performance or other sounds; and, (iii) in the case of broadcasts, the
organization that transmits the broadcast.
- "Work"
means the literary and/or artistic work offered under the terms of this License
including without limitation any production in the
literary, scientific and
artistic domain, whatever may be the mode or form of its expression including
digital form, such as a book,
pamphlet and other writing; a lecture, address,
sermon or other work of the same nature; a dramatic or dramatico-musical work; a
choreographic work or entertainment in dumb show; a musical composition with or
without words; a cinematographic work to which are
assimilated works expressed
by a process analogous to cinematography; a work of drawing, painting,
architecture, sculpture, engraving
or lithography; a photographic work to which
are assimilated works expressed by a process analogous to photography; a work of
applied
art; an illustration, map, plan, sketch or three-dimensional work
relative to geography, topography, architecture or science; a performance;
a
broadcast; a phonogram; a compilation of data to the extent it is protected as a
copyrightable work; or a work performed by a variety
or circus performer to the
extent it is not otherwise considered a literary or artistic work.
- "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.
- "Publicly
Perform" means to perform public recitations of the Work and to communicate
to the public those public recitations, by any means or process,
including by
wire or wireless means or public digital performances; to make available to the
public Works in such a way that members
of the public may access these Works
from a place and at a place individually chosen by them; to perform the Work to
the public by
any means or process and the communication to the public of the
performances of the Work, including by public digital performance;
to broadcast
and rebroadcast the Work by any means including signs, sounds or images.
- "Reproduce"
means to make copies of the Work by any means including without limitation by
sound or visual recordings and the right of fixation
and reproducing fixations
of the Work, including storage of a protected performance or phonogram in
digital form or other electronic
medium.
2. Fair Dealing
Rights. Nothing in this License is intended to reduce, limit, or restrict
any uses free from copyright or rights arising from limitations
or exceptions
that are provided for in connection with the copyright protection 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 Collections, and to
Reproduce the Work as incorporated in the Collections;
- to
create and Reproduce Adaptations provided that any such Adaptation, including
any translation in any medium, takes reasonable steps
to clearly label,
demarcate or otherwise identify that changes were made to the original Work. For
example, a translation could be
marked "The original work was translated from
English to Spanish," or a modification could indicate "The original work has
been modified.";
- to
Distribute and Publicly Perform the Work including as incorporated in
Collections; and,
- to
Distribute and Publicly Perform Adaptations.
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. Subject to Section
8(f),
all rights not expressly granted by Licensor are hereby reserved,
including but not limited to the rights set forth in Section 4(d).
4. Restrictions. The license granted in Section 3 above is expressly
made subject to and limited by the following restrictions:
- You
may Distribute or Publicly Perform the Work only under the terms of this
License. You must include a copy of, or the Uniform Resource
Identifier (URI)
for, this License with every copy of the Work You Distribute or Publicly
Perform. You may not offer or impose any
terms on the Work that restrict the
terms of this License or the ability of the recipient of the Work to exercise
the rights granted
to that recipient under the terms of the License. You may not
sublicense the Work. You must keep intact all notices that refer to
this License
and to the disclaimer of warranties with every copy of the Work You Distribute
or Publicly Perform. When You Distribute
or Publicly Perform the Work, You may
not impose any effective technological measures on the Work that restrict the
ability of a
recipient of the Work from You to exercise the rights granted to
that recipient under the terms of the License. This Section 4(a)
applies to the
Work as incorporated in a Collection, but this does not require the Collection
apart from the Work itself to be made
subject to the terms of this License. If
You create a Collection, upon notice from any Licensor You must, to the extent
practicable,
remove from the Collection any credit as required by Section 4(c),
as requested. If You create an Adaptation, upon notice from any
Licensor You
must, to the extent practicable, remove from the Adaptation any credit as
required by Section 4(c), as requested.
- You
may not exercise any of the rights granted to You in Section 3 above in any
manner that is primarily intended for or directed
toward commercial advantage or
private monetary compensation. The exchange of the Work for other copyrighted
works by means of digital
file-sharing or otherwise shall not be considered to
be intended for or directed toward commercial advantage or private monetary
compensation, provided there is no payment of any monetary compensation in
connection with the exchange of copyrighted works.
- If
You Distribute, or Publicly Perform the Work or any Adaptations or Collections,
You must, unless a request has been made pursuant
to Section 4(a), 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 if the Original Author and/or Licensor designate
another party or parties (e.g., a sponsor institute, publishing entity, journal)
for attribution ("Attribution Parties") in Licensor's
copyright notice, terms of
service or by other reasonable means, the name of such party or parties; (ii)
the title of the Work if
supplied; (iii) to the extent reasonably practicable,
the URI, 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, (iv) consistent with Section 3(b), in
the case of an Adaptation, a
credit identifying the use of the Work in the Adaptation (e.g., "French
translation of the Work by Original
Author," or "Screenplay based on original
Work by Original Author"). The credit required by this Section 4(c) may be
implemented
in any reasonable manner; provided, however, that in the case of a
Adaptation or Collection, at a minimum such credit will appear,
if a credit for
all contributing authors of the Adaptation or Collection appears, then as part
of these credits and in a manner at
least as prominent as the credits for the
other contributing authors. For the avoidance of doubt, You may only use the
credit required
by this Section for the purpose of attribution in the manner set
out above and, by exercising Your rights under this License, You
may not
implicitly or explicitly assert or imply any connection with, sponsorship or
endorsement by the Original Author, Licensor
and/or Attribution Parties, as
appropriate, of You or Your use of the Work, without the separate, express prior
written permission
of the Original Author, Licensor and/or Attribution
Parties.
- For
the avoidance of doubt:
- Non-waivable
Compulsory License Schemes. In those jurisdictions in which the right to
collect royalties through any statutory or compulsory licensing scheme cannot be
waived,
the Licensor reserves the exclusive right to collect such royalties for
any exercise by You of the rights granted under this License;
- Waivable
Compulsory License Schemes. In those jurisdictions in which the right to
collect royalties through any statutory or compulsory licensing scheme can be
waived,
the Licensor reserves the exclusive right to collect such royalties for
any exercise by You of the rights granted under this License
if Your exercise of
such rights is for a purpose or use which is otherwise than noncommercial as
permitted under Section 4(b) and
otherwise waives the right to collect royalties
through any statutory or compulsory licensing scheme; and,
- Voluntary
License Schemes. The Licensor reserves the right to collect royalties,
whether individually or, in the event that the Licensor is a member of a
collecting
society that administers voluntary licensing schemes, via that
society, from any exercise by You of the rights granted under this
License that
is for a purpose or use which is otherwise than noncommercial as permitted under
Section 4(c).
- Except
as otherwise agreed in writing by the Licensor or as may be otherwise permitted
by applicable law, if You Reproduce, Distribute
or Publicly Perform the Work
either by itself or as part of any Adaptations or Collections, You must not
distort, mutilate, modify
or take other derogatory action in relation to the
Work which would be prejudicial to the Original Author's honor or reputation.
Licensor agrees that in those jurisdictions (e.g. Japan), in which any exercise
of the right granted in Section 3(b) of this License
(the right to make
Adaptations) would be deemed to be a distortion, mutilation, modification or
other derogatory action prejudicial
to the Original Author's honor and
reputation, the Licensor will waive or not assert, as appropriate, this Section,
to the fullest
extent permitted by the applicable national law, to enable You to
reasonably exercise Your right under Section 3(b) of this License
(right to make
Adaptations) but not otherwise.
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
- 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 Adaptations or Collections 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 Perform the Work or a Collection, 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.
- Each
time You Distribute or Publicly Perform an Adaptation, 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.
- 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.
- The
rights granted under, and the subject matter referenced, in this License were
drafted utilizing the terminology of the Berne Convention
for the Protection of
Literary and Artistic Works (as amended on September 28, 1979), the Rome
Convention of 1961, the WIPO Copyright
Treaty of 1996, the WIPO Performances and
Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on
July 24,
1971). These rights and subject matter take effect in the relevant
jurisdiction in which the License terms are sought to be enforced
according to
the corresponding provisions of the implementation of those treaty provisions in
the applicable national law. If the
standard suite of rights granted under
applicable copyright law includes additional rights not granted under this
License, such additional
rights are deemed to be included in the License; this
License is not intended to restrict the license of any rights under applicable
law.
Creative Commons Notice
Creative Commons is not a party to this License, and
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consequential damages arising in connection to this license. Notwithstanding the
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