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277 lines
16 KiB
Plaintext
Creative Commons Attribution-NoDerivs 3.0 Unported CREATIVE COMMONS CORPORATION
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IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS
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LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS
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PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES
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REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING
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FROM ITS USE.
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License
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS
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PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR
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OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS
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LICENSE OR COPYRIGHT LAW IS PROHIBITED.
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO
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BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED
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TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION
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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, arrangement
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of music or other alterations of a literary or artistic work, or phonogram
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or performance and includes cinematographic adaptations or any other form
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in which the Work may be recast, transformed, or adapted including in any
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form recognizably derived from the original, except that a work that constitutes
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a Collection will not be considered an Adaptation for the purpose of this
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License. For the avoidance of doubt, where the Work is a musical work, performance
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or phonogram, the synchronization of the Work in timed-relation with a moving
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image ("synching") will be considered an Adaptation for the purpose of this
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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,
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or other works or subject matter other than works listed in Section 1(f) below,
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which, by reason of the selection and arrangement of their contents, constitute
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intellectual creations, in which the Work is included in its entirety in unmodified
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form along with one or more other contributions, each constituting separate
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and independent works in themselves, which together are assembled into a collective
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whole. A work that constitutes a Collection will not be considered an Adaptation
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(as defined above) for the purposes of 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 through sale or other transfer of ownership.
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d. "Licensor" means the individual, individuals, entity or entities that offer(s)
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the Work under the terms of this License.
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e. "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 otherwise
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perform literary or artistic works or expressions of folklore; (ii) in the
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case of a phonogram the producer being the person or legal entity who first
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fixes the sounds of a performance or other sounds; and, (iii) in the case
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of broadcasts, the organization that transmits the broadcast.
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f. "Work" means the literary and/or artistic work offered under the terms
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of 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 expression
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including digital form, such as a book, pamphlet and other writing; a lecture,
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address, sermon or other work of the same nature; a dramatic or dramatico-musical
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work; a choreographic work or entertainment in dumb show; a musical composition
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with or without words; a cinematographic work to which are assimilated works
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expressed by a process analogous to cinematography; a work of drawing, painting,
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architecture, sculpture, engraving or lithography; a photographic work to
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which are assimilated works expressed by a process analogous to photography;
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a work of applied art; an illustration, map, plan, sketch or three-dimensional
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work relative to geography, topography, architecture or science; a performance;
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a broadcast; a phonogram; a compilation of data to the extent it is protected
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as a copyrightable work; or a work performed by a variety or circus performer
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to the extent it is not otherwise considered a literary or artistic work.
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g. "You" means an individual or entity exercising rights under this License
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who has not previously violated the terms of this License with respect to
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the 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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h. "Publicly Perform" means to perform public recitations of the Work and
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to 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 communication
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to the public of the performances of the Work, including by public digital
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performance; to broadcast and rebroadcast the Work by any means including
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signs, sounds or images.
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i. "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 reproducing
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fixations of the Work, including storage of a protected performance or phonogram
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in digital form or other electronic medium.
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2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit,
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or restrict any uses free from copyright or rights arising from limitations
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or exceptions that are provided for in connection with the copyright protection
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under copyright law or other applicable laws.
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3. License Grant. Subject to the terms and conditions of this License, Licensor
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hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for
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the duration of the applicable copyright) license to exercise the rights in
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the Work as stated 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; and,
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b. to Distribute and Publicly Perform the Work including as incorporated in
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Collections.
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c. 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 licensing
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scheme cannot be waived, the Licensor reserves the exclusive right to collect
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such royalties for any exercise by You of the rights 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 scheme
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can be waived, the Licensor waives the exclusive right to collect such royalties
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for any exercise by You of the rights granted under this License; and,
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iii. Voluntary License Schemes. The Licensor waives the right to collect royalties,
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whether individually or, in the event that the Licensor is a member of a collecting
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society that administers voluntary licensing schemes, via that society, from
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any exercise by You of the rights granted under this License.
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The above rights may be exercised in all media and formats whether now known
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or hereafter devised. The above rights include the right to make such modifications
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as are technically necessary to exercise the rights in other media and formats,
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but otherwise you have no rights to make Adaptations. Subject to Section 8(f),
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all rights not expressly granted by Licensor are hereby reserved.
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4. Restrictions. The license granted in Section 3 above is expressly made
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subject to and limited by the following restrictions:
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a. You may Distribute or Publicly Perform the Work only under the terms of
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this 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 Publicly
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Perform. You may not offer or impose any terms on the Work that restrict the
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terms of this License or the ability of the recipient of the Work to exercise
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the rights granted to that recipient under the terms of the License. You may
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not sublicense the Work. You must keep intact all notices that refer to this
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License and to the disclaimer of warranties with every copy of the Work You
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Distribute or Publicly Perform. When You Distribute or Publicly Perform the
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Work, You may not impose any effective technological measures on the Work
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that restrict the ability of a recipient of the Work from You to exercise
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the rights granted to that recipient under the terms of the License. This
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Section 4(a) applies to the Work as incorporated in a Collection, but this
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does not require the Collection apart from the Work itself to be made subject
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to the terms of this License. If You create a Collection, upon notice from
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any Licensor You must, to the extent practicable, remove from the Collection
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any credit as required by Section 4(b), as requested.
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b. If You Distribute, or Publicly Perform the Work or Collections, You must,
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unless a request has been made pursuant to Section 4(a), keep intact all copyright
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notices for the Work and provide, reasonable to the medium or means You are
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utilizing: (i) the name of the Original Author (or pseudonym, if applicable)
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if supplied, and/or if the Original Author and/or Licensor designate another
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party or parties (e.g., a sponsor institute, publishing entity, journal) for
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attribution ("Attribution Parties") in Licensor's copyright notice, terms
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of service or by other reasonable means, the name of such party or parties;
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(ii) the title of the Work if supplied; (iii) to the extent reasonably practicable,
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the URI, if any, that Licensor specifies to be associated with the Work, unless
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such URI does not refer to the copyright notice or licensing information for
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the Work. The credit required by this Section 4(b) may be implemented in any
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reasonable manner; provided, however, that in the case of a Collection, at
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a minimum such credit will appear, if a credit for all contributing authors
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of the Collection appears, then as part of these credits and in a manner at
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least as prominent as the credits for the other contributing authors. For
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the avoidance of doubt, You may only use the credit required by this Section
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for the purpose of attribution in the manner set out above and, by exercising
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Your rights under this License, You may not implicitly or explicitly assert
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or imply any connection with, sponsorship or endorsement by the Original Author,
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Licensor and/or Attribution Parties, as appropriate, of You or Your use of
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the Work, without the separate, express prior written permission of the Original
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Author, Licensor and/or Attribution Parties.
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c. 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 Collections, You must not distort,
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mutilate, modify or take other derogatory action in relation to the Work which
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would be prejudicial to the Original Author's honor or reputation.
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5. Representations, Warranties and Disclaimer
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS
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THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING
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THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
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WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT,
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OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE
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OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE
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EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
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6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW,
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IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
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INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS
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LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY
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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 Collections from You under this License, however, will not
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have their licenses terminated provided such individuals or entities remain
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in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will
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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). Notwithstanding
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the above, Licensor reserves the right to release the Work under different
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license terms or to stop distributing the Work at any time; provided, however
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that any such election will not serve to withdraw this License (or any other
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license that has been, or is required to be, granted under the terms of this
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License), and this License will continue in full force and effect unless terminated
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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,
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the Licensor offers to the recipient a license to the Work on the same terms
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and conditions as the license granted to You under this License.
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b. 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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c. 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
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by the party to be charged with such waiver or consent.
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d. 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
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or 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 communication
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from You. This License may not be modified without the mutual written agreement
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of the Licensor and You.
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e. 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
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of Literary and Artistic Works (as amended on September 28, 1979), the Rome
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Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances
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and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised
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on July 24, 1971). These rights and subject matter take effect in the relevant
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jurisdiction in which the License terms are sought to be enforced according
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to the corresponding provisions of the implementation of those treaty provisions
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in the applicable national law. If the standard suite of rights granted under
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applicable copyright law includes additional rights not granted under this
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License, such additional rights are deemed to be included in the License;
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this License is not intended to restrict the license of any rights under applicable
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law.
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Creative Commons Notice
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Creative Commons is not a party to this License, and makes no warranty whatsoever
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in connection with the Work. Creative Commons will not be liable to You or
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any party on any legal theory for any damages whatsoever, including without
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limitation any general, special, incidental or consequential damages arising
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in connection to this license. Notwithstanding the foregoing two (2) sentences,
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if Creative Commons has expressly identified itself as the Licensor hereunder,
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it shall have all rights and obligations of Licensor.
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Except for the limited purpose of indicating to the public that the Work is
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licensed under the CCPL, Creative Commons does not authorize the use by either
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party of the trademark "Creative Commons" or any related trademark or logo
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of Creative Commons without the prior written consent of Creative Commons.
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Any permitted use will be in compliance with Creative Commons' then-current
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trademark usage guidelines, as may be published on its website or otherwise
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made available upon request from time to time. For the avoidance of doubt,
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this trademark restriction does not form part of this License.
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Creative Commons may be contacted at http://creativecommons.org/.
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