374 lines
21 KiB
Plaintext
374 lines
21 KiB
Plaintext
DeforaOS Project licensing terms
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This project is licensed under the terms of the Creative Commons
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"Attribution-NonCommercial-ShareAlike 3.0 Unported" license.
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You are free to copy, modify, distribute and transmit the work under specific
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conditions, summarized below:
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Attribution
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-----------
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You must attribute the work in the manner specified by the author or licensor
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(but not in any way that suggests that they endorse you or your use of the
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work).
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Noncommercial
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-------------
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You may not use this work for commercial purposes.
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Share Alike
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-----------
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If you alter, transform, or build upon this work, you may distribute the
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resulting work only under the same or similar license to this one.
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For any reuse or distribution, you must make clear to others the license terms
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of this work. The best way to do this is with a link to this web page:
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http://creativecommons.org/licenses/by-nc-sa/3.0/
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Any of the above conditions can be waived if you get permission from the
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copyright holder. Nothing in this license impairs or restricts the author's
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moral rights.
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Your fair dealing and other rights are in no way affected by the above.
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Full text
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---------
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The full text of the licensing terms follows. It can also be found on this web
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page:
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http://creativecommons.org/licenses/by-nc-sa/3.0/legalcode
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In case of differences between the content of the following text and the
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corresponding web page, the content of the following text prevails.
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
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COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
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COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
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AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE
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BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE
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CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE
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IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
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1. Definitions
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a. "Adaptation" means a work based upon the Work, or upon the Work and other
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pre-existing works, such as a translation, adaptation, derivative work,
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arrangement of music or other alterations of a literary or artistic work, or
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phonogram or performance and includes cinematographic adaptations or any
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other form in which the Work may be recast, transformed, or adapted
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including in any form recognizably derived from the original, except that a
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work that constitutes a Collection will not be considered an Adaptation for
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the purpose of this License. For the avoidance of doubt, where the Work is a
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musical work, performance or phonogram, the synchronization of the Work in
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timed-relation with a moving image ("synching") will be considered an
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Adaptation for the purpose of this License.
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b. "Collection" means a collection of literary or artistic works, such as
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encyclopedias and anthologies, or performances, phonograms or broadcasts, or
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other works or subject matter other than works listed in Section 1(g) below,
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which, by reason of the selection and arrangement of their contents,
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constitute intellectual creations, in which the Work is included in its
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entirety in unmodified form along with one or more other contributions, each
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constituting separate and independent works in themselves, which together
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are assembled into a collective whole. A work that constitutes a Collection
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will not be considered an Adaptation (as defined above) for the purposes of
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this License.
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c. "Distribute" means to make available to the public the original and copies
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of the Work or Adaptation, as appropriate, through sale or other transfer of
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ownership.
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d. "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:
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Attribution, Noncommercial, ShareAlike.
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e. "Licensor" means the individual, individuals, entity or entities that
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offer(s) the Work under the terms of this License.
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f. "Original Author" means, in the case of a literary or artistic work, the
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individual, individuals, entity or entities who created the Work or if no
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individual or entity can be identified, the publisher; and in addition (i)
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in the case of a performance the actors, singers, musicians, dancers, and
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other persons who act, sing, deliver, declaim, play in, interpret or
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otherwise perform literary or artistic works or expressions of folklore;
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(ii) in the case of a phonogram the producer being the person or legal
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entity who first fixes the sounds of a performance or other sounds; and,
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(iii) in the case of broadcasts, the organization that transmits the
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broadcast.
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g. "Work" means the literary and/or artistic work offered under the terms of
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this License including without limitation any production in the literary,
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scientific and artistic domain, whatever may be the mode or form of its
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expression including digital form, such as a book, pamphlet and other
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writing; a lecture, address, sermon or other work of the same nature; a
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dramatic or dramatico-musical work; a choreographic work or entertainment in
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dumb show; a musical composition with or without words; a cinematographic
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work to which are assimilated works expressed by a process analogous to
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cinematography; a work of drawing, painting, architecture, sculpture,
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engraving or lithography; a photographic work to which are assimilated works
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expressed by a process analogous to photography; a work of applied art; an
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illustration, map, plan, sketch or three-dimensional work relative to
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geography, topography, architecture or science; a performance; a broadcast;
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a phonogram; a compilation of data to the extent it is protected as a
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copyrightable work; or a work performed by a variety or circus performer to
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the extent it is not otherwise considered a literary or artistic work.
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h. "You" means an individual or entity exercising rights under this License who
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has not previously violated the terms of this License with respect to the
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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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i. "Publicly Perform" means to perform public recitations of the Work and to
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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
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communication to the public of the performances of the Work, including by
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public digital performance; to broadcast and rebroadcast the Work by any
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means including signs, sounds or images.
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j. "Reproduce" means to make copies of the Work by any means including without
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limitation by sound or visual recordings and the right of fixation and
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reproducing fixations of the Work, including storage of a protected
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performance or phonogram in digital form or other electronic medium.
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2. Fair Dealing Rights
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Nothing in this License is intended to reduce, limit, or restrict any uses free
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from copyright or rights arising from limitations or exceptions that are
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provided for in connection with the copyright protection under copyright law or
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other applicable laws.
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3. License Grant
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Subject to the terms and conditions of this License, Licensor hereby grants You
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a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the
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applicable copyright) license to exercise the rights in the Work as stated
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below:
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a. to Reproduce the Work, to incorporate the Work into one or more Collections,
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and to Reproduce the Work as incorporated in the Collections;
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b. to create and Reproduce Adaptations provided that any such Adaptation,
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including any translation in any medium, takes reasonable steps to clearly
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label, demarcate or otherwise identify that changes were made to the
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original Work. For example, a translation could be marked "The original work
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was translated from English to Spanish," or a modification could indicate
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"The original work has been modified.";
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c. to Distribute and Publicly Perform the Work including as incorporated in
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Collections; and,
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d. to Distribute and Publicly Perform Adaptations.
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The above rights may be exercised in all media and formats whether now known or
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hereafter devised. The above rights include the right to make such
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modifications as are technically necessary to exercise the rights in other
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media and formats. Subject to Section 8(f), all rights not expressly granted by
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Licensor are hereby reserved, including but not limited to the rights described
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in Section 4(e).
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4. Restrictions
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The license granted in Section 3 above is expressly made subject to and limited
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by the following restrictions:
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a. You may Distribute or Publicly Perform the Work only under the terms of this
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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
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Publicly Perform. You may not offer or impose any terms on the Work that
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restrict the terms of this License or the ability of the recipient of the
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Work to exercise the rights granted to that recipient under the terms of the
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License. You may not sublicense the Work. 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 of
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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
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itself to be made subject to the terms of this License. If You create a
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Collection, upon notice from any Licensor You must, to the extent
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practicable, remove from the Collection any credit as required by Section
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4(d), as requested. If You create an Adaptation, upon notice from any
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Licensor You must, to the extent practicable, remove from the Adaptation any
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credit as required by Section 4(d), as requested.
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b. You may Distribute or Publicly Perform an Adaptation only under: (i) the
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terms of this License; (ii) a later version of this License with the same
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License Elements as this License; (iii) a Creative Commons jurisdiction
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license (either this or a later license version) that contains the same
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License Elements as this License (e.g., Attribution-NonCommercial-ShareAlike
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3.0 US) ("Applicable License"). You must include a copy of, or the URI, for
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Applicable License with every copy of each Adaptation You Distribute or
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Publicly Perform. You may not offer or impose any terms on the Adaptation
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that restrict the terms of the Applicable License or the ability of the
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recipient of the Adaptation to exercise the rights granted to that recipient
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under the terms of the Applicable License. You must keep intact all notices
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that refer to the Applicable License and to the disclaimer of warranties with
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every copy of the Work as included in the Adaptation You Distribute or
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Publicly Perform. When You Distribute or Publicly Perform the Adaptation, You
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may not impose any effective technological measures on the Adaptation that
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restrict the ability of a recipient of the Adaptation from You to exercise
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the rights granted to that recipient under the terms of the Applicable
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License. This Section 4(b) applies to the Adaptation as incorporated in a
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Collection, but this does not require the Collection apart from the
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Adaptation itself to be made subject to the terms of the Applicable License.
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c. You may not exercise any of the rights granted to You in Section 3 above in
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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
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other copyrighted works by means of digital file-sharing or otherwise shall
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not be considered to be intended for or directed toward commercial advantage
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or private monetary compensation, provided there is no payment of any
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monetary compensation in connection with the exchange of copyrighted works.
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d. If You Distribute, or Publicly Perform the Work or any Adaptations or
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Collections, You must, unless a request has been made pursuant to Section
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4(a), keep intact all copyright notices for the Work and provide, reasonable
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to the medium or means You are utilizing: (i) the name of the Original Author
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(or pseudonym, if applicable) if supplied, and/or if the Original Author
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and/or Licensor designate another party or parties (e.g., a sponsor
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institute, publishing entity, journal) for attribution ("Attribution
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Parties") in Licensor's copyright notice, terms of service or by other
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reasonable means, the name of such party or parties; (ii) the title of the
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Work if supplied; (iii) to the extent reasonably practicable, the URI, if
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any, that Licensor specifies to be associated with the Work, unless such URI
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does not refer to the copyright notice or licensing information for the Work;
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and, (iv) consistent with Section 3(b), in the case of an Adaptation, a
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credit identifying the use of the Work in the Adaptation (e.g., "French
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translation of the Work by Original Author," or "Screenplay based on original
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Work by Original Author"). The credit required by this Section 4(d) may be
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implemented in any reasonable manner; provided, however, that in the case of
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a Adaptation or Collection, at a minimum such credit will appear, if a credit
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for all contributing authors of the Adaptation or Collection appears, then as
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part of these credits and in a manner at least as prominent as the credits
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for the other contributing authors. For the avoidance of doubt, You may only
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use the credit required by this Section for the purpose of attribution in the
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manner set out above and, by exercising Your rights under this License, You
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may not implicitly or explicitly assert or imply any connection with,
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sponsorship or endorsement by the Original Author, Licensor and/or
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Attribution Parties, as appropriate, of You or Your use of the Work, without
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the separate, express prior written permission of the Original Author,
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Licensor and/or Attribution Parties.
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e. 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
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licensing scheme cannot be waived, the Licensor reserves the exclusive
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right to collect such royalties for any exercise by You of the rights
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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
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scheme can be waived, the Licensor reserves the exclusive right to
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collect such royalties for any exercise by You of the rights granted
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under this License if Your exercise of such rights is for a purpose or
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use which is otherwise than noncommercial as permitted under Section
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4(c) and otherwise waives the right to collect royalties through any
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statutory or compulsory licensing scheme; and,
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iii. Voluntary License Schemes. The Licensor reserves the right to collect
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royalties, whether individually or, in the event that the Licensor is a
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member of a collecting society that administers voluntary licensing
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schemes, via that society, from any exercise by You of the rights
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granted under this License that is for a purpose or use which is
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otherwise than noncommercial as permitted under Section 4(c).
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f. Except as otherwise agreed in writing by the Licensor or as may be otherwise
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permitted by applicable law, if You Reproduce, Distribute or Publicly Perform
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the Work either by itself or as part of any Adaptations or Collections, You
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must not distort, mutilate, modify or take other derogatory action in
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relation to the Work which would be prejudicial to the Original Author's
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honor or reputation. Licensor agrees that in those jurisdictions (e.g.
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Japan), in which any exercise of the right granted in Section 3(b) of this
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License (the right to make Adaptations) would be deemed to be a distortion,
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mutilation, modification or other derogatory action prejudicial to the
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Original Author's honor and reputation, the Licensor will waive or not
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assert, as appropriate, this Section, to the fullest extent permitted by the
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applicable national law, to enable You to reasonably exercise Your right
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under Section 3(b) of this License (right to make Adaptations) but not
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otherwise.
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5. Representations, Warranties and Disclaimer
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING AND TO THE FULLEST
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EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO
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REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED,
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STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE,
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE
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ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF
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ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE
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EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.
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6. Limitation on Liability
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EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE
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LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL,
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PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE
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WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY 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 Adaptations or Collections from You under this License,
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however, will not have their licenses terminated provided such individuals or
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entities remain in full compliance with those licenses. Sections 1, 2, 5, 6,
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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).
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Notwithstanding the above, Licensor reserves the right to release the Work
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under different license terms or to stop distributing the Work at any time;
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provided, however that any such election will not serve to withdraw this
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License (or any other license that has been, or is required to be, granted
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under the terms of this License), and this License will continue in full
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force and effect unless terminated as stated above.
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8. Miscellaneous
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a. Each time You Distribute or Publicly Perform the Work or a Collection, the
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Licensor offers to the recipient a license to the Work on the same terms and
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conditions as the license granted to You under this License.
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b. Each time You Distribute or Publicly Perform an Adaptation, Licensor offers
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to the recipient a license to the original Work on the same terms and
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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 by
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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 or
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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
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communication from You. This License may not be modified without the mutual
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written agreement of the Licensor and You.
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f. 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 of Literary and Artistic Works (as amended on September 28, 1979),
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the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO
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Performances and Phonograms Treaty of 1996 and the Universal Copyright
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Convention (as revised on July 24, 1971). These rights and subject matter
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take effect in the relevant jurisdiction in which the License terms are
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sought to be enforced according to the corresponding provisions of the
|
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implementation of those treaty provisions in the applicable national law. If
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the standard suite of rights granted under applicable copyright law includes
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additional rights not granted under this License, such additional rights are
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deemed to be included in the License; this License is not intended to
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restrict the license of any rights under applicable law.
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