blob: 1108babcf9a76521b07e641ddad4e97515079271 [file] [log] [blame]
Creative Commons Legal Code
Attribution-NonCommercial-NoDerivs 2.5
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.
License
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. THE LICENSOR GRANTS YOU THE
RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS
AND CONDITIONS.
1. Definitions
a. "Collective Work" means a work, such as a periodical issue, anthology
or encyclopedia, in which the Work in its entirety in unmodified form,
along with a number of other contributions, constituting separate and
independent works in themselves, are assembled into a collective
whole. A work that constitutes a Collective Work will not be
considered a Derivative Work (as defined below) for the purposes of
this License.
b. "Derivative Work" means a work based upon the Work or upon the Work
and other pre-existing works, such as a translation, musical
arrangement, dramatization, fictionalization, motion picture version,
sound recording, art reproduction, abridgment, condensation, or any
other form in which the Work may be recast, transformed, or adapted,
except that a work that constitutes a Collective Work will not be
considered a Derivative Work for the purpose of this License. For the
avoidance of doubt, where the Work is a musical composition or sound
recording, the synchronization of the Work in timed-relation with a
moving image ("synching") will be considered a Derivative Work for the
purpose of this License.
c. "Licensor" means the individual or entity that offers the Work under
the terms of this License.
d. "Original Author" means the individual or entity who created the Work.
e. "Work" means the copyrightable work of authorship offered under the
terms of this License.
f. "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 previous
violation.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
or restrict any rights arising from fair use, first sale or other
limitations on the exclusive rights of the copyright owner 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 below:
a. to reproduce the Work, to incorporate the Work into one or more
Collective Works, and to reproduce the Work as incorporated in the
Collective Works;
b. to distribute copies or phonorecords of, display publicly, perform
publicly, and perform publicly by means of a digital audio
transmission the Work including as incorporated in Collective Works;
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, but otherwise you have no rights to make
Derivative Works. All rights not expressly granted by Licensor are hereby
reserved, including but not limited to the rights set forth in Sections
4(d) and 4(e).
4. Restrictions. The license granted in Section 3 above is expressly made
subject to and limited by the following restrictions:
a. You may distribute, publicly display, publicly perform, or publicly
digitally perform the Work only under the terms of this License, and
You must include a copy of, or the Uniform Resource Identifier for,
this License with every copy or phonorecord of the Work You
distribute, publicly display, publicly perform, or publicly digitally
perform. You may not offer or impose any terms on the Work that alter
or restrict the terms of this License or the recipients' exercise of
the rights granted hereunder. You may not sublicense the Work. You
must keep intact all notices that refer to this License and to the
disclaimer of warranties. You may not distribute, publicly display,
publicly perform, or publicly digitally perform the Work with any
technological measures that control access or use of the Work in a
manner inconsistent with the terms of this License Agreement. The
above applies to the Work as incorporated in a Collective Work, but
this does not require the Collective Work apart from the Work itself
to be made subject to the terms of this License. If You create a
Collective Work, upon notice from any Licensor You must, to the extent
practicable, remove from the Collective Work any credit as required by
clause 4(c), as requested.
b. You may not exercise any of the rights granted to You in Section 3
above in any manner that is primarily intended for or directed toward
commercial advantage or private monetary compensation. The exchange of
the Work for other copyrighted works by means of digital file- sharing
or otherwise shall not be considered to be intended for or directed
toward commercial advantage or private monetary compensation, provided
there is no payment of any monetary compensation in connection with
the exchange of copyrighted works.
c. If you distribute, publicly display, publicly perform, or publicly
digitally perform the Work, You must 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 (ii) if the Original Author and/or
Licensor designate another party or parties (e.g. a sponsor institute,
publishing entity, journal) for attribution in Licensor's copyright
notice, terms of service or by other reasonable means, the name of
such party or parties; the title of the Work if supplied; and to the
extent reasonably practicable, the Uniform Resource Identifier, 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. Such credit may be implemented in any
reasonable manner; provided, however, that in the case of a Collective
Work, at a minimum such credit will appear where any other comparable
authorship credit appears and in a manner at least as prominent as
such other comparable authorship credit.
d. For the avoidance of doubt, where the Work is a musical composition:
i. Performance Royalties Under Blanket Licenses. Licensor reserves
the exclusive right to collect, whether individually or via a
performance rights society (e.g. ASCAP, BMI, SESAC), royalties
for the public performance or public digital performance (e.g.
webcast) of the Work if that performance is primarily intended
for or directed toward commercial advantage or private monetary
compensation.
ii. Mechanical Rights and Statutory Royalties. Licensor reserves the
exclusive right to collect, whether individually or via a music
rights agency or designated agent (e.g. Harry Fox Agency),
royalties for any phonorecord You create from the Work ("cover
version") and distribute, subject to the compulsory license
created by 17 USC Section 115 of the US Copyright Act (or the
equivalent in other jurisdictions), if Your distribution of such
cover version is primarily intended for or directed toward
commercial advantage or private monetary compensation.
e. Webcasting Rights and Statutory Royalties. For the avoidance of doubt,
where the Work is a sound recording, Licensor reserves the exclusive
right to collect, whether individually or via a performance-rights
society (e.g. SoundExchange), royalties for the public digital
performance (e.g. webcast) of the Work, subject to the compulsory
license created by 17 USC Section 114 of the US Copyright Act (or the
equivalent in other jurisdictions), if Your public digital performance
is primarily intended for or directed toward commercial advantage or
private monetary compensation.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED 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.
7. Termination
a. This 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 Collective Works 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.
b. Subject 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.
8. Miscellaneous
a. Each time You distribute or publicly digitally perform the Work or a
Collective Work, 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.
b. If 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.
c. No 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.
d. This 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.
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, neither party will use 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.
Creative Commons may be contacted at http://creativecommons.org/.