257 lines
13 KiB
Plaintext
257 lines
13 KiB
Plaintext
Copyright (c) 2012 Lee Reilly
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Creative Commons Attribution-NonCommercial 2.0
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE
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LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN
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ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION
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ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE
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INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM
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ITS USE.
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License
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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
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TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE
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RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS
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AND CONDITIONS.
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1. Definitions
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a. "Collective Work" means a work, such as a periodical issue, anthology
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or encyclopedia, in which the Work in its entirety in unmodified form,
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along with a number of other contributions, constituting separate and
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independent works in themselves, are assembled into a collective whole.
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A work that constitutes a Collective Work will not be considered a
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Derivative Work (as defined below) for the purposes of this License.
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b. "Derivative Work" means a work based upon the Work or upon the Work
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and other pre-existing works, such as a translation, musical
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arrangement, dramatization, fictionalization, motion picture version,
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sound recording, art reproduction, abridgment, condensation, or any
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other form in which the Work may be recast, transformed, or adapted,
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except that a work that constitutes a Collective Work will not be
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considered a Derivative Work for the purpose of this License. For the
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avoidance of doubt, where the Work is a musical composition or sound
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recording, the synchronization of the Work in timed-relation with a
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moving image ("synching") will be considered a Derivative Work for the
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purpose of this License.
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c. "Licensor" means the individual or entity that offers the Work under
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the terms of this License.
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d. "Original Author" means the individual or entity who created the
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Work.
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e. "Work" means the copyrightable work of authorship offered under the
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terms of this License.
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f. "You" means an individual or entity exercising rights under this
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License who has not previously violated the terms of this License with
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respect to the Work, or who has received express permission from the
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Licensor to exercise rights under this License despite a previous
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violation.
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2. Fair Use Rights. Nothing in this license is intended to reduce,
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limit, or restrict any rights arising from fair use, first sale or other
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limitations on the exclusive rights of the copyright owner under
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copyright law or other applicable laws.
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3. License Grant. Subject to the terms and conditions of this License,
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Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
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perpetual (for the duration of the applicable copyright) license to
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exercise the rights in the Work as stated below:
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a. to reproduce the Work, to incorporate the Work into one or more
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Collective Works, and to reproduce the Work as incorporated in the
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Collective Works;
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b. to create and reproduce Derivative Works;
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c. to distribute copies or phonorecords of, display publicly, perform
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publicly, and perform publicly by means of a digital audio transmission
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the Work including as incorporated in Collective Works;
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d. to distribute copies or phonorecords of, display publicly, perform
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publicly, and perform publicly by means of a digital audio transmission
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Derivative Works;
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The above rights may be exercised in all media and formats whether now
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known or hereafter devised. The above rights include the right to make
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such modifications as are technically necessary to exercise the rights
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in other media and formats. All rights not expressly granted by Licensor
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are hereby reserved, including but not limited to the rights set forth
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in Sections 4(d) and 4(e).
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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, publicly display, publicly perform, or publicly
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digitally perform the Work only under the terms of this License, and You
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must include a copy of, or the Uniform Resource Identifier for, this
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License with every copy or phonorecord of the Work You distribute,
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publicly display, publicly perform, or publicly digitally perform. You
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may not offer or impose any terms on the Work that alter or restrict the
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terms of this License or the recipients' exercise of the rights granted
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hereunder. You may not sublicense the Work. You must keep intact all
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notices that refer to this License and to the disclaimer of warranties.
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You may not distribute, publicly display, publicly perform, or publicly
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digitally perform the Work with any technological measures that control
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access or use of the Work in a manner inconsistent with the terms of
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this License Agreement. The above applies to the Work as incorporated in
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a Collective Work, but this does not require the Collective Work apart
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from the Work itself to be made subject to the terms of this License. If
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You create a Collective Work, upon notice from any Licensor You must, to
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the extent practicable, remove from the Collective Work any reference to
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such Licensor or the Original Author, as requested. If You create a
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Derivative Work, upon notice from any Licensor You must, to the extent
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practicable, remove from the Derivative Work any reference to such
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Licensor or the Original Author, as requested.
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b. You may not exercise any of the rights granted to You in Section 3
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above in any manner that is primarily intended for or directed toward
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commercial advantage or private monetary compensation. The exchange of
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the Work for other copyrighted works by means of digital file-sharing or
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otherwise shall not be considered to be intended for or directed toward
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commercial advantage or private monetary compensation, provided there is
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no payment of any monetary compensation in connection with the exchange
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of copyrighted works.
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digitally perform the Work or any Derivative Works or Collective Works,
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You must keep intact all copyright notices for the Work and give the
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Original Author credit reasonable to the medium or means You are
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utilizing by conveying the name (or pseudonym if applicable) of the
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extent reasonably practicable, the Uniform Resource Identifier, if any,
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that Licensor specifies to be associated with the Work, unless such URI
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of the Work in the Derivative Work (e.g., "French translation of the
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Work by Original Author," or "Screenplay based on original Work by
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Original Author"). Such credit may be implemented in any reasonable
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manner; provided, however, that in the case of a Derivative Work or
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Collective Work, at a minimum such credit will appear where any other
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prominent as such other comparable authorship credit.
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d. For the avoidance of doubt, where the Work is a musical composition:
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exclusive right to collect, whether individually or via a performance
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ii. Mechanical Rights and Statutory Royalties. Licensor reserves the
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subject to the compulsory license created by 17 USC Section 115 of the
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US Copyright Act (or the equivalent in other jurisdictions), if Your
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distribution of such cover version is primarily intended for or directed
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toward commercial advantage or private monetary compensation. Webcasting
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Rights and Statutory Royalties. For the avoidance of doubt, where the
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Work is a sound recording, Licensor reserves the exclusive right to
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collect, whether individually or via a performance-rights society (e.g.
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SoundExchange), royalties for the public digital performance (e.g.
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webcast) of the Work, subject to the compulsory license created by 17
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USC Section 114 of the US Copyright Act (or the equivalent in other
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jurisdictions), if Your public digital performance is primarily intended
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for or directed toward commercial advantage or private monetary
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compensation.
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5. Representations, Warranties and Disclaimer
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
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OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
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KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
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INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
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FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
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LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS,
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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
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LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR
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ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES
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ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS
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BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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a. This License and the rights granted hereunder will terminate
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automatically upon any breach by You of the terms of this License.
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Individuals or entities who have received Derivative Works or Collective
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Works from You under this License, however, will not have their licenses
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terminated provided such individuals or entities remain in full
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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
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is 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
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Work under different license terms or to stop distributing the Work at
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any time; provided, however that any such election will not serve to
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withdraw this License (or any other license that has been, or is
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required to be, granted under the terms of this License), and this
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License will continue in full force and effect unless terminated as
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stated above.
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8. Miscellaneous
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a. Each time You distribute or publicly digitally perform the Work or a
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Collective Work, the Licensor offers to the recipient a license to the
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Work on the same terms and conditions as the license granted to You
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under this License.
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b. Each time You distribute or publicly digitally perform a Derivative
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Work, Licensor offers to the recipient a license to the original Work on
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the same terms and conditions as the license granted to You under this
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License.
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c. If any provision of this License is invalid or unenforceable under
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applicable law, it shall not affect the validity or enforceability of
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the remainder of the terms of this License, and without further action
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by the parties to this agreement, such provision shall be reformed to
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the minimum extent necessary to make such provision valid and
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enforceable.
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d. No term or provision of this License shall be deemed waived and no
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breach consented to unless such waiver or consent shall be in writing
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and signed by the party to be charged with such waiver or consent.
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e. This License constitutes the entire agreement between the parties
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with respect to the Work licensed here. There are no understandings,
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agreements or representations with respect to the Work not specified
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here. Licensor shall not be bound by any additional provisions that may
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appear in any communication from You. This License may not be modified
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without the mutual written agreement of the Licensor and You.
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Creative Commons is not a party to this License, and makes no warranty
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liable to You or any party on any legal theory for any damages
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Commons has expressly identified itself as the Licensor hereunder, it
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Creative Commons may be contacted at http://creativecommons.org/.
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