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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
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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
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"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.
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"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.
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"Licensor" means the individual or entity
that offers the Work under the terms of this License.
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"Original Author" means the individual or
entity who created the Work.
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"Work" means the copyrightable work of
authorship offered under the terms of this License.
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"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:
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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;
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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;
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, including but not limited to the rights set forth in
Sections 4(d) and 4(e).
4. Restrictions.The license granted in
Section 3 above is expressly made subject to and limited by the
following restrictions:
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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(c), as requested.
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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.
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If you distribute, publicly display, publicly perform, or publicly
digitally perform the Work, 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.
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For the avoidance of doubt, where the Work is a musical
composition:
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Performance Royalties Under Blanket
Licenses. Licensor reserves 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 if that
performance is primarily intended for or directed toward
commercial advantage or private monetary compensation.
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Mechanical Rights and
Statutory Royalties. Licensor reserves the
exclusive right to collect, whether individually
or via a music rights agency 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), if Your distribution of
such cover version is primarily intended for or
directed toward commercial advantage or private
monetary compensation.
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Webcasting Rights and Statutory
Royalties. For the avoidance of doubt, where the Work is a
sound recording, Licensor reserves 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), if Your public digital performance is primarily
intended for or directed toward commercial advantage or private
monetary compensation.
5. Representations, Warranties and
Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED 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
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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.
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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
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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.
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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.
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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.
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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
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permitted use will be in compliance with Creative Commons'
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