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