| blob | 1cf939082d3095098c6dc2f9a172055d0303b2ac |
1 Creative Commons Attribution-ShareAlike 3.0 Unported
3 CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
4 SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT
5 RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS.
6 CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND
7 DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
10 License
12 THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
13 COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
14 COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
15 AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
17 BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE
18 BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE
19 CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE
20 IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
23 1. Definitions
25 a) "Adaptation" means a work based upon the Work, or upon the Work and other
26 pre-existing works, such as a translation, adaptation, derivative work,
27 arrangement of music or other alterations of a literary or artistic work,
28 or phonogram or performance and includes cinematographic adaptations or
29 any other form in which the Work may be recast, transformed, or adapted
30 including in any form recognizably derived from the original, except that
31 a work that constitutes a Collection will not be considered an Adaptation
32 for the purpose of this License. For the avoidance of doubt, where the
33 Work is a musical work, performance or phonogram, the synchronization of
34 the Work in timed-relation with a moving image ("synching") will be
35 considered an Adaptation for the purpose of this License.
37 b) "Collection" means a collection of literary or artistic works, such as
38 encyclopedias and anthologies, or performances, phonograms or broadcasts,
39 or other works or subject matter other than works listed in Section 1(f)
40 below, which, by reason of the selection and arrangement of their
41 contents, constitute intellectual creations, in which the Work is
42 included in its entirety in unmodified form along with one or more other
43 contributions, each constituting separate and independent works in
44 themselves, which together are assembled into a collective whole. A work
45 that constitutes a Collection will not be considered an Adaptation (as
46 defined below) for the purposes of this License.
48 c) "Creative Commons Compatible License" means a license that is listed at
49 http://creativecommons.org/compatiblelicenses that has been approved by
50 Creative Commons as being essentially equivalent to this License,
51 including, at a minimum, because that license: (i) contains terms that
52 have the same purpose, meaning and effect as the License Elements of this
53 License; and, (ii) explicitly permits the relicensing of adaptations of
54 works made available under that license under this License or a Creative
55 Commons jurisdiction license with the same License Elements as this
56 License.
58 d) "Distribute" means to make available to the public the original and
59 copies of the Work or Adaptation, as appropriate, through sale or other
60 transfer of ownership.
62 e) "License Elements" means the following high-level license attributes as
63 selected by Licensor and indicated in the title of this License:
64 Attribution, ShareAlike.
66 f) "Licensor" means the individual, individuals, entity or entities that
67 offer(s) the Work under the terms of this License.
69 g) "Original Author" means, in the case of a literary or artistic work, the
70 individual, individuals, entity or entities who created the Work or if no
71 individual or entity can be identified, the publisher; and in addition
72 (i) in the case of a performance the actors, singers, musicians, dancers,
73 and other persons who act, sing, deliver, declaim, play in, interpret or
74 otherwise perform literary or artistic works or expressions of folklore;
75 (ii) in the case of a phonogram the producer being the person or legal
76 entity who first fixes the sounds of a performance or other sounds; and,
77 (iii) in the case of broadcasts, the organization that transmits the
78 broadcast.
80 h) "Work" means the literary and/or artistic work offered under the terms of
81 this License including without limitation any production in the literary,
82 scientific and artistic domain, whatever may be the mode or form of its
83 expression including digital form, such as a book, pamphlet and other
84 writing; a lecture, address, sermon or other work of the same nature; a
85 dramatic or dramatico-musical work; a choreographic work or entertainment
86 in dumb show; a musical composition with or without words; a
87 cinematographic work to which are assimilated works expressed by a
88 process analogous to cinematography; a work of drawing, painting,
89 architecture, sculpture, engraving or lithography; a photographic work to
90 which are assimilated works expressed by a process analogous to
91 photography; a work of applied art; an illustration, map, plan, sketch or
92 three-dimensional work relative to geography, topography, architecture or
93 science; a performance; a broadcast; a phonogram; a compilation of data to
94 the extent it is protected as a copyrightable work; or a work performed by
95 a variety or circus performer to the extent it is not otherwise considered
96 a literary or artistic work.
98 i) "You" means an individual or entity exercising rights under this License
99 who has not previously violated the terms of this License with respect to
100 the Work, or who has received express permission from the Licensor to
101 exercise rights under this License despite a previous violation.
103 j) "Publicly Perform" means to perform public recitations of the Work and to
104 communicate to the public those public recitations, by any means or
105 process, including by wire or wireless means or public digital
106 performances; to make available to the public Works in such a way that
107 members of the public may access these Works from a place and at a place
108 individually chosen by them; to perform the Work to the public by any
109 means or process and the communication to the public of the performances
110 of the Work, including by public digital performance; to broadcast and
111 rebroadcast the Work by any means including signs, sounds or images.
113 k) "Reproduce" means to make copies of the Work by any means including
114 without limitation by sound or visual recordings and the right of
115 fixation and reproducing fixations of the Work, including storage of a
116 protected performance or phonogram in digital form or other electronic
117 medium.
120 2. Fair Dealing Rights.
122 Nothing in this License is intended to reduce, limit, or restrict any uses free
123 from copyright or rights arising from limitations or exceptions that are
124 provided for in connection with the copyright protection under copyright law or
125 other applicable laws.
128 3. License Grant.
130 Subject to the terms and conditions of this License, Licensor hereby grants You
131 a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the
132 applicable copyright) license to exercise the rights in the Work as stated
133 below:
135 a) to Reproduce the Work, to incorporate the Work into one or more
136 Collections, and to Reproduce the Work as incorporated in the
137 Collections;
139 b) to create and Reproduce Adaptations provided that any such Adaptation,
140 including any translation in any medium, takes reasonable steps to
141 clearly label, demarcate or otherwise identify that changes were made to
142 the original Work. For example, a translation could be marked "The
143 original work was translated from English to Spanish," or a modification
144 could indicate "The original work has been modified.";
146 c) to Distribute and Publicly Perform the Work including as incorporated in
147 Collections; and,
149 d) to Distribute and Publicly Perform Adaptations.
151 e) For the avoidance of doubt:
153 i) Non-waivable Compulsory License Schemes. In those jurisdictions in
154 which the right to collect royalties through any statutory or
155 compulsory licensing scheme cannot be waived, the Licensor reserves
156 the exclusive right to collect such royalties for any exercise by
157 You of the rights granted under this License;
159 ii) Waivable Compulsory License Schemes. In those jurisdictions in
160 which the right to collect royalties through any statutory or
161 compulsory licensing scheme can be waived, the Licensor waives the
162 exclusive right to collect such royalties for any exercise by You
163 of the rights granted under this License; and,
165 iii) Voluntary License Schemes. The Licensor waives the right to collect
166 royalties, whether individually or, in the event that the Licensor
167 is a member of a collecting society that administers voluntary
168 licensing schemes, via that society, from any exercise by You of
169 the rights granted under this License.
171 The above rights may be exercised in all media and formats whether now known or
172 hereafter devised. The above rights include the right to make such
173 modifications as are technically necessary to exercise the rights in other
174 media and formats. Subject to Section 8(f), all rights not expressly granted by
175 Licensor are hereby reserved.
178 4. Restrictions.
180 The license granted in Section 3 above is expressly made subject to and limited
181 by the following restrictions:
183 a) You may Distribute or Publicly Perform the Work only under the terms of
184 this License. You must include a copy of, or the Uniform Resource
185 Identifier (URI) for, this License with every copy of the Work You
186 Distribute or Publicly Perform. You may not offer or impose any terms on
187 the Work that restrict the terms of this License or the ability of the
188 recipient of the Work to exercise the rights granted to that recipient
189 under the terms of the License. You may not sublicense the Work. You must
190 keep intact all notices that refer to this License and to the disclaimer
191 of warranties with every copy of the Work You Distribute or Publicly
192 Perform. When You Distribute or Publicly Perform the Work, You may not
193 impose any effective technological measures on the Work that restrict the
194 ability of a recipient of the Work from You to exercise the rights
195 granted to that recipient under the terms of the License. This Section
196 4(a) applies to the Work as incorporated in a Collection, but this does
197 not require the Collection apart from the Work itself to be made subject
198 to the terms of this License. If You create a Collection, upon notice
199 from any Licensor You must, to the extent practicable, remove from the
200 Collection any credit as required by Section 4(c), as requested. If You
201 create an Adaptation, upon notice from any Licensor You must, to the
202 extent practicable, remove from the Adaptation any credit as required by
203 Section 4(c), as requested.
205 b) You may Distribute or Publicly Perform an Adaptation only under the terms
206 of: (i) this License; (ii) a later version of this License with the same
207 License Elements as this License; (iii) a Creative Commons jurisdiction
208 license (either this or a later license version) that contains the same
209 License Elements as this License (e.g., Attribution-ShareAlike 3.0 US));
210 (iv) a Creative Commons Compatible License. If you license the Adaptation
211 under one of the licenses mentioned in (iv), you must comply with the
212 terms of that license. If you license the Adaptation under the terms of
213 any of the licenses mentioned in (i), (ii) or (iii) (the "Applicable
214 License"), you must comply with the terms of the Applicable License
215 generally and the following provisions: (I) You must include a copy of,
216 or the URI for, the Applicable License with every copy of each Adaptation
217 You Distribute or Publicly Perform; (II) You may not offer or impose any
218 terms on the Adaptation that restrict the terms of the Applicable License
219 or the ability of the recipient of the Adaptation to exercise the rights
220 granted to that recipient under the terms of the Applicable License;
221 (III) You must keep intact all notices that refer to the Applicable
222 License and to the disclaimer of warranties with every copy of the Work
223 as included in the Adaptation You Distribute or Publicly Perform; (IV)
224 when You Distribute or Publicly Perform the Adaptation, You may not
225 impose any effective technological measures on the Adaptation that
226 restrict the ability of a recipient of the Adaptation from You to
227 exercise the rights granted to that recipient under the terms of the
228 Applicable License. This Section 4(b) applies to the Adaptation as
229 incorporated in a Collection, but this does not require the Collection
230 apart from the Adaptation itself to be made subject to the terms of the
231 Applicable License.
233 c) If You Distribute, or Publicly Perform the Work or any Adaptations or
234 Collections, You must, unless a request has been made pursuant to Section
235 4(a), keep intact all copyright notices for the Work and provide,
236 reasonable to the medium or means You are utilizing: (i) the name of the
237 Original Author (or pseudonym, if applicable) if supplied, and/or if the
238 Original Author and/or Licensor designate another party or parties (e.g.,
239 a sponsor institute, publishing entity, journal) for attribution
240 ("Attribution Parties") in Licensor's copyright notice, terms of service
241 or by other reasonable means, the name of such party or parties; (ii) the
242 title of the Work if supplied; (iii) to the extent reasonably
243 practicable, the URI, if any, that Licensor specifies to be associated
244 with the Work, unless such URI does not refer to the copyright notice or
245 licensing information for the Work; and (iv) , consistent with Ssection
246 3(b), in the case of an Adaptation, a credit identifying the use of the
247 Work in the Adaptation (e.g., "French translation of the Work by Original
248 Author," or "Screenplay based on original Work by Original Author"). The
249 credit required by this Section 4(c) may be implemented in any reasonable
250 manner; provided, however, that in the case of a Adaptation or
251 Collection, at a minimum such credit will appear, if a credit for all
252 contributing authors of the Adaptation or Collection appears, then as
253 part of these credits and in a manner at least as prominent as the
254 credits for the other contributing authors. For the avoidance of doubt,
255 You may only use the credit required by this Section for the purpose of
256 attribution in the manner set out above and, by exercising Your rights
257 under this License, You may not implicitly or explicitly assert or imply
258 any connection with, sponsorship or endorsement by the Original Author,
259 Licensor and/or Attribution Parties, as appropriate, of You or Your use
260 of the Work, without the separate, express prior written permission of
261 the Original Author, Licensor and/or Attribution Parties.
263 d) Except as otherwise agreed in writing by the Licensor or as may be
264 otherwise permitted by applicable law, if You Reproduce, Distribute or
265 Publicly Perform the Work either by itself or as part of any Adaptations
266 or Collections, You must not distort, mutilate, modify or take other
267 derogatory action in relation to the Work which would be prejudicial to
268 the Original Author's honor or reputation. Licensor agrees that in those
269 jurisdictions (e.g. Japan), in which any exercise of the right granted in
270 Section 3(b) of this License (the right to make Adaptations) would be
271 deemed to be a distortion, mutilation, modification or other derogatory
272 action prejudicial to the Original Author's honor and reputation, the
273 Licensor will waive or not assert, as appropriate, this Section, to the
274 fullest extent permitted by the applicable national law, to enable You to
275 reasonably exercise Your right under Section 3(b) of this License (right
276 to make Adaptations) but not otherwise.
279 5. Representations, Warranties and Disclaimer
281 UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS
282 THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
283 CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
284 WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A
285 PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS,
286 ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.
287 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH
288 EXCLUSION MAY NOT APPLY TO YOU.
291 6. Limitation on Liability.
293 EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE
294 LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL,
295 PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE
296 WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
299 7. Termination
301 a) This License and the rights granted hereunder will terminate
302 automatically upon any breach by You of the terms of this License.
303 Individuals or entities who have received Adaptations or Collections from
304 You under this License, however, will not have their licenses terminated
305 provided such individuals or entities remain in full compliance with
306 those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any
307 termination of this License.
309 b) Subject to the above terms and conditions, the license granted here is
310 perpetual (for the duration of the applicable copyright in the Work).
311 Notwithstanding the above, Licensor reserves the right to release the
312 Work under different license terms or to stop distributing the Work at
313 any time; provided, however that any such election will not serve to
314 withdraw this License (or any other license that has been, or is required
315 to be, granted under the terms of this License), and this License will
316 continue in full force and effect unless terminated as stated above.
319 8. Miscellaneous
321 a) Each time You Distribute or Publicly Perform the Work or a Collection,
322 the Licensor offers to the recipient a license to the Work on the same
323 terms and conditions as the license granted to You under this License.
325 b) Each time You Distribute or Publicly Perform an Adaptation, Licensor
326 offers to the recipient a license to the original Work on the same terms
327 and conditions as the license granted to You under this License.
329 c) If any provision of this License is invalid or unenforceable under
330 applicable law, it shall not affect the validity or enforceability of the
331 remainder of the terms of this License, and without further action by the
332 parties to this agreement, such provision shall be reformed to the
333 minimum extent necessary to make such provision valid and enforceable.
335 d) No term or provision of this License shall be deemed waived and no breach
336 consented to unless such waiver or consent shall be in writing and signed
337 by the party to be charged with such waiver or consent.
339 e) This License constitutes the entire agreement between the parties with
340 respect to the Work licensed here. There are no understandings,
341 agreements or representations with respect to the Work not specified
342 here. Licensor shall not be bound by any additional provisions that may
343 appear in any communication from You. This License may not be modified
344 without the mutual written agreement of the Licensor and You.
346 f) The rights granted under, and the subject matter referenced, in this
347 License were drafted utilizing the terminology of the Berne Convention
348 for the Protection of Literary and Artistic Works (as amended on
349 September 28, 1979), the Rome Convention of 1961, the WIPO Copyright
350 Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and
351 the Universal Copyright Convention (as revised on July 24, 1971). These
352 rights and subject matter take effect in the relevant jurisdiction in
353 which the License terms are sought to be enforced according to the
354 corresponding provisions of the implementation of those treaty provisions
355 in the applicable national law. If the standard suite of rights granted
356 under applicable copyright law includes additional rights not granted
357 under this License, such additional rights are deemed to be included in
358 the License; this License is not intended to restrict the license of any
359 rights under applicable law.