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Creative Commons Developing Nations 2.0 [2009] PubRL 14 (1 January 2009)
Creative Commons – Developing Nations
Version: 2.0
Copyright: No
URL: http://creativecommons.org/licenses/devnations/2.0/legalcode
Type: Content
Media: Generic
Country: International
Licence text
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.
- "Developing
Nation" means any nation that is not classified as a "high-income enconomy"
by the World Bank.
- "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 or subject to Section
7(a)) license to exercise the rights in the Work, in any Developing
Nation,
solely within the geographic territory of one or more Developing Nations, 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
create and reproduce Derivative 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;
- to
distribute copies or phonorecords of, display publicly, perform publicly, and
perform publicly by means of a digital audio transmission
Derivative 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, 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 agency or designated agent,
royalties
for any phonorecord You create from the Work ("cover version") and
distribute, subject to any compulsory license that may apply.
- 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, royalties for the public
digital performance (e.g. webcast) of the Work, subject to any compulsory
license that may apply.
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, including but not limited to the rights
and restrictions described in Section 4.
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 reference to such Licensor or the Original Author,
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 reference
to such Licensor or the Original
Author, as requested.
- 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 give the Original Author credit
reasonable to the medium or means
You are utilizing by conveying the name (or
pseudonym if applicable) of the Original Author if supplied; 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.
- The
Work and any Derivative Works and Collective Works may only be exported to other
Developing Nations, but may not be exported to
countries classified as "high
income" by the World Bank.
- This
License does not authorize making the Work, any Derivative Works or any
Collective Works publicly available on the Internet unless
reasonable measures
are undertaken to verify that the recipient is located in a Developing Nation,
such as by requiring recipients
to provide name and postal mailing address, or
by limiting the distribution of the Work to Internet IP addresses within a
Developing
Nation.
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 (i)
any breach by You of the terms of this License
or (ii) if any Developing Nation
in which the Work is used, exported or distributed ceases at any time to qualify
as a Developing
Nation, in which case this License will automatically terminate
with respect to such country five (5) years after the date of such
re-classification; provided that You will not be liable for copyright
infringement unless and until You continue to exercise such
rights after You
have actual knowledge of the termination of this License for such country.
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.
- 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 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.
- 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.
- 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.
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