343 行
19 KiB
Markdown
343 行
19 KiB
Markdown
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### Creative Commons Attribution 3.0 Unported
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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
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> INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO
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> WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS
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> LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
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### *License*
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS
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CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS
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PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE
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WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS
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PROHIBITED.
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND
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AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS
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LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU
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THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH
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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
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Work and other pre-existing works, such as a translation,
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adaptation, derivative work, arrangement of music or other
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alterations of a literary or artistic work, or phonogram or
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performance and includes cinematographic adaptations or any other
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form in which the Work may be recast, transformed, or adapted
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including in any form recognizably derived from the original,
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except that a work that constitutes a Collection will not be
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considered an Adaptation for the purpose of this License. For the
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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
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with a moving image ("synching") will be considered an Adaptation
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for the purpose of this License.
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- b. __"Collection"__ means a collection of literary or artistic
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works, such as encyclopedias and anthologies, or performances,
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phonograms or broadcasts, or other works or subject matter other
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than works listed in Section 1(f) below, which, by reason of the
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selection and arrangement of their contents, constitute
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intellectual creations, in which the Work is included in its
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entirety in unmodified form along with one or more other
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contributions, each constituting separate and independent works in
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themselves, which together are assembled into a collective whole.
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A work that constitutes a Collection will not be considered an
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Adaptation (as defined above) for the purposes of this License.
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- c. __"Distribute"__ means to make available to the public the
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original and copies of the Work or Adaptation, as appropriate,
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through sale or other transfer of ownership.
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- d. __"Licensor"__ means the individual, individuals, entity or
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entities that offer(s) the Work under the terms of this License.
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- e. __"Original Author"__ means, in the case of a literary or
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artistic work, the individual, individuals, entity or entities who
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created the Work or if no individual or entity can be identified,
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the publisher; and in addition (i) in the case of a performance
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the actors, singers, musicians, dancers, and other persons who
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act, sing, deliver, declaim, play in, interpret or otherwise
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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
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legal entity who first fixes the sounds of a performance or other
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sounds; and, (iii) in the case of broadcasts, the organization
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that transmits the broadcast.
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- f. __"Work"__ means the literary and/or artistic work offered
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under the terms of this License including without limitation any
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production in the literary, scientific and artistic domain,
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whatever may be the mode or form of its expression including
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digital form, such as a book, pamphlet and other writing; a
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lecture, address, sermon or other work of the same nature; a
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dramatic or dramatico- musical work; a choreographic work or
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entertainment in dumb show; a musical composition with or without
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words; a cinematographic work to which are assimilated works
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expressed by a process analogous to cinematography; a work of
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drawing, painting, architecture, sculpture, engraving or
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lithography; a photographic work to which are assimilated works
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expressed by a process analogous to photography; a work of applied
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art; an illustration, map, plan, sketch or three-dimensional work
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relative to geography, topography, architecture or science; a
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performance; a broadcast; a phonogram; a compilation of data to
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the extent it is protected as a copyrightable work; or a work
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performed by a variety or circus performer to the extent it is not
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otherwise considered a literary or artistic work.
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- g. __"You"__ means an individual or entity exercising rights under
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this License who has not previously violated the terms of this
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License with respect to the Work, or who has received express
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permission from the Licensor to exercise rights under this License
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despite a previous violation.
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- h. __"Publicly Perform"__ means to perform public recitations of the
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Work and to communicate to the public those public recitations, by
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any means or process, including by wire or wireless means or
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public digital performances; to make available to the public Works
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in such a way that members of the public may access these Works
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from a place and at a place individually chosen by them; to
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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,
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including by public digital performance; to broadcast and
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rebroadcast the Work by any means including signs, sounds or
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images.
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- i. __"Reproduce"__ means to make copies of the Work by any means
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including without limitation by sound or visual recordings and the
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right of fixation and reproducing fixations of the Work, including
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storage of a protected performance or phonogram in digital form or
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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
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uses free from copyright or rights arising from limitations or
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exceptions that are provided for in connection with the copyright
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protection under copyright law or 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
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grants You a worldwide, royalty-free, non-exclusive, perpetual (for
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the duration of the applicable copyright) license to exercise the
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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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Collections, and to Reproduce the Work as incorporated in the
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Collections;
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- b. to create and Reproduce Adaptations provided that any such
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Adaptation, including any translation in any medium, takes
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reasonable steps to clearly label, demarcate or otherwise identify
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that changes were made to the original Work. For example, a
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translation could be marked "The original work was translated from
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English to Spanish," or a modification could indicate "The
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original work has been modified.";
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- c. to Distribute and Publicly Perform the Work including as
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incorporated in Collections; and,
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- d. to Distribute and Publicly Perform Adaptations.
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- e. For the avoidance of doubt:
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- 1. __Non-waivable Compulsory License Schemes.__ In those
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jurisdictions in which the right to collect royalties through
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any statutory or compulsory licensing scheme cannot be waived,
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the Licensor reserves the exclusive right to collect such
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royalities for any exercise by You of the rights granted under
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this License;
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- 2. __Waivable Compulsory License Schemes.__ In those
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jurisdictions in which the right to collect royalties through
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any statutory or compulsory licensing scheme can be waived,
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the Licensor waives the exclusive right to collect such
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royalties for any exercise by You of the rights granted under
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this License; and,
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- 3. __Voluntary License Schemes.__ The Licensor waives the right
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to collect royalties, whether individually or, in the event
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that the Licensor is a member of a collecting society that
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administers voluntary licensing schemes, via that society,
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from any exercise by You of the rights granted under this
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License.
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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. Subject to Section 8(f), all rights not
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expressly granted by Licensor are hereby reserved.
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#### 4. Restrictions
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The license granted in Section 3 above is expressly made subject to
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and limited by the following restrictions:
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- a. You may Distribute or Publicly Perform the Work only under the
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terms of this License. You must include a copy of, or the Uniform
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Resource Identifier (URI) for, this License with every copy of the
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Work You Distribute or Publicly Perform. You may not offer or
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impose any terms on the Work that restrict the terms of this
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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
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License. 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
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warranties with every copy of the Work You Distribute or Publicly
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Perform. When You Distribute or Publicly Perform the Work, You may
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not impose any effective technological measures on the Work that
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restrict the ability of a recipient of the Work from You to
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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
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in a Collection, but this does not require the Collection apart
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from the Work itself to be made subject to the terms of this
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License. If You create a Collection, upon notice from any Licensor
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You must, to the extent practicable, remove from the Collection
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any credit as required by Section 4(b), as requested. If You
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create an Adaptation, upon notice from any Licensor You must, to
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the extent practicable, remove from the Adaptation any credit as
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required by Section 4(b), as requested.
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- b. If You Distribute, or Publicly Perform the Work or any
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Adaptations or Collections, You must, unless a request has been
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made pursuant to Section 4(a), keep intact all copyright notices
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for the Work and provide, reasonable to the medium or means You
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are utilizing: (i) the name of the Original Author (or pseudonym,
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if applicable) if supplied, and/or if the Original Author and/or
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Licensor designate another party or parties (e.g., a sponsor
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institute, publishing entity, journal) for attribution
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("Attribution Parties") in Licensor's copyright notice, terms of
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service or by other reasonable means, the name of such party or
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parties; (ii) the title of the Work if supplied; (iii) to the
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extent reasonably practicable, the URI, if any, that Licensor
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specifies to be associated with the Work, unless such URI does not
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refer to the copyright notice or licensing information for the
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Work; and (iv) , consistent with Section 3(b), in the case of an
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Adaptation, a credit identifying the use of the Work in the
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Adaptation (e.g., "French translation of the Work by Original
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Author," or "Screenplay based on original Work by Original
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Author"). The credit required by this Section 4 (b) may be
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implemented in any reasonable manner; provided, however, that in
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the case of a Adaptation or Collection, at a minimum such credit
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will appear, if a credit for all contributing authors of the
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Adaptation or Collection appears, then as part of these credits
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and in a manner at least as prominent as the credits for the other
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contributing authors. For the avoidance of doubt, You may only use
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the credit required by this Section for the purpose of attribution
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in the manner set out above and, by exercising Your rights under
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this License, You may not implicitly or explicitly assert or imply
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any connection with, sponsorship or endorsement by the Original
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Author, Licensor and/or Attribution Parties, as appropriate, of
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You or Your use of the Work, without the separate, express prior
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written permission of the Original Author, Licensor and/or
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Attribution Parties.
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- c. Except as otherwise agreed in writing by the Licensor or as may
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be otherwise permitted by applicable law, if You Reproduce,
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Distribute or Publicly Perform the Work either by itself or as
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part of any Adaptations or Collections, You must not distort,
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mutilate, modify or take other derogatory action in relation to
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the Work which would be prejudicial to the Original Author's honor
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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)
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of this License (the right to make Adaptations) would be deemed to
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be a distortion, mutilation, modification or other derogatory
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action prejudicial to the Original Author's honor and reputation,
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the Licensor will waive or not assert, as appropriate, this
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Section, to the fullest extent permitted by the applicable
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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
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not otherwise.
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#### 5. Representations, Warranties and Disclaimer
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING,
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LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR
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WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED,
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STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
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TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE,
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NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY,
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OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.
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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
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SO SUCH 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
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LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
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INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT
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OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN
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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
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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 Adaptations or
|
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Collections from You under this License, however, will not have
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their licenses terminated provided such individuals or entities
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remain in full compliance with those licenses. Sections 1, 2, 5,
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6, 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
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here is perpetual (for the duration of the applicable copyright in
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the Work). Notwithstanding the above, Licensor reserves the right
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to release the Work under different license terms or to stop
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distributing the Work at any time; provided, however that any such
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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
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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
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Collection, 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
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You under this License.
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- b. Each time You Distribute or Publicly Perform an Adaptation,
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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
|
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this License.
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- c. If any provision of this License is invalid or unenforceable
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under applicable law, it shall not affect the validity or
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enforceability of the remainder of the terms of this License, and
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without further action by the parties to this agreement, such
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provision shall be reformed to the minimum extent necessary to
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make such provision valid and enforceable.
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- d. No term or provision of this License shall be deemed waived and
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no breach consented to unless such waiver or consent shall be in
|
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writing and signed by the party to be charged with such waiver or
|
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consent.
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- e. This License constitutes the entire agreement between the
|
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parties with respect to the Work licensed here. There are no
|
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understandings, agreements or representations with respect to the
|
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Work not specified here. Licensor shall not be bound by any
|
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|
additional provisions that may appear in any communication from
|
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You. This License may not be modified without the mutual written
|
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agreement of the Licensor and You.
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- f. The rights granted under, and the subject matter referenced, in
|
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|
this License were drafted utilizing the terminology of the Berne
|
||
|
Convention for the Protection of Literary and Artistic Works (as
|
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|
amended on September 28, 1979), the Rome Convention of 1961, the
|
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|
WIPO Copyright Treaty of 1996, the WIPO Performances and
|
||
|
Phonograms Treaty of 1996 and the Universal Copyright 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 sought to be enforced according to the corresponding
|
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|
provisions of the implementation of those treaty provisions in the
|
||
|
applicable national law. If the standard suite of rights granted
|
||
|
under applicable copyright law includes additional rights not
|
||
|
granted under this License, such additional rights are 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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> ### Creative Commons Notice
|
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|
>
|
||
|
> Creative Commons is not a party to this License, and makes no
|
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> warranty whatsoever in connection with the Work. Creative Commons
|
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> will not be liable to You or any party on any legal theory for any
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> damages whatsoever, including without limitation any general,
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|
> special, incidental or consequential damages arising in connection
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|
> to this license. Notwithstanding the foregoing two (2) sentences, if
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> Creative Commons has expressly identified itself as the Licensor
|
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> hereunder, it shall have all rights and obligations of Licensor.
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>
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|
> Except for the limited purpose of indicating to the public that the
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|
> Work is licensed under the CCPL, Creative Commons does not authorize
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|
> the use by either party of the trademark "Creative Commons" or any
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|
> related trademark or logo of Creative Commons without the prior
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|
> written consent of Creative Commons. Any permitted use will be in
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> compliance with Creative Commons' then-current trademark usage
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> guidelines, as may be published on its website or otherwise made
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> available upon request from time to time. For the avoidance of
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|
> doubt, this trademark restriction does not form part of this
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> License.
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>
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> Creative Commons may be contacted at <https://creativecommons.org/>.
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