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| 1. Definitions |
| a. "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 |
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| 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 License. |
| 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(g) below, which, by reason of the selection and |
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| c. "Distribute" means to make available to the public the original and |
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| d. "License Elements" means the following high-level license |
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| publisher; and in addition (i) in the case of a performance the |
| actors, singers, musicians, dancers, and other persons who act, |
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| literary or artistic works or expressions of folklore; (ii) in the |
| case of a phonogram the producer being the person or legal entity |
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| compilation of data to the extent it is protected as a |
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| i. "Publicly Perform" means to perform public recitations of the Work |
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| 2. Fair Dealing Rights. Nothing in this License is intended to reduce, |
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| Section 4(a) applies to the Work as incorporated in a Collection, |
| but this does not require the Collection apart from the Work itself |
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| b. You may Distribute or Publicly Perform an Adaptation only under: |
| (i) the terms of this License; (ii) a later version of this License |
| with the same License Elements as this License; (iii) a Creative |
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| License with every copy of each Adaptation You Distribute or |
| Publicly Perform. You may not offer or impose any terms on the |
| Adaptation that restrict the terms of the Applicable License or the |
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| Applicable License and to the disclaimer of warranties with every |
| copy of the Work as included in the Adaptation You Distribute or |
| Publicly Perform. When You Distribute or Publicly Perform the |
| Adaptation, You may not impose any effective technological measures |
| on the Adaptation that restrict the ability of a recipient of the |
| Adaptation from You to exercise the rights granted to that |
| recipient under the terms of the Applicable License. This Section |
| 4(b) applies to the Adaptation as incorporated in a Collection, but |
| this does not require the Collection apart from the Adaptation |
| itself to be made subject to the terms of the Applicable License. |
| c. 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 |
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| d. If You Distribute, or Publicly Perform the Work or any Adaptations |
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| provide, reasonable to the medium or means You are utilizing: (i) |
| the name of the Original Author (or pseudonym, if applicable) if |
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| 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(d) 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 |
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| endorsement by the Original Author, Licensor and/or Attribution |
| Parties, as appropriate, of You or Your use of the Work, without |
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| Author, Licensor and/or Attribution Parties. |
| e. For the avoidance of doubt: |
| i. Non-waivable Compulsory License Schemes. In those |
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| the Licensor reserves the exclusive right to collect such |
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| compulsory licensing scheme can be waived, the Licensor |
| reserves the exclusive right to collect such royalties for any |
| exercise by You of the rights granted under this License if |
| Your exercise of such rights is for a purpose or use which is |
| otherwise than noncommercial as permitted under Section 4(c) |
| and otherwise waives the right to collect royalties through |
| any statutory or compulsory licensing scheme; and, |
| iii. Voluntary License Schemes. The Licensor reserves the right to |
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| from any exercise by You of the rights granted under this |
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| noncommercial as permitted under Section 4(c). |
| f. Except as otherwise agreed in writing by the Licensor or as may be |
| otherwise permitted by applicable law, if You Reproduce, Distribute |
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| Adaptations or Collections, You must not distort, mutilate, modify |
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| 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, |
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| 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. |
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| 5. Representations, Warranties and Disclaimer |
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| UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING AND TO |
| THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR OFFERS THE |
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| 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 |
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| 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 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. |
| b. Subject to the above terms and conditions, the license granted here |
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| 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. |
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| 8. Miscellaneous |
| a. Each 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. |
| b. Each 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. |
| c. 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 |
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| d. No term or provision of this License shall be deemed waived and no |
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| e. This License constitutes the entire agreement between the parties |
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| f. The 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 |
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