1 | Creative Commons Legal Code
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3 | Attribution 3.0 Unported
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5 | CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE
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6 | LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN
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7 | ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS
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8 | INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES
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9 | REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR
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10 | DAMAGES RESULTING FROM ITS USE.
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11 |
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12 | License
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13 |
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14 | THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
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15 | COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
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16 | COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
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17 | AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
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18 |
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19 | BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE
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20 | TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY
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21 | BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS
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22 | CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND
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23 | CONDITIONS.
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24 |
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25 | 1. Definitions
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26 |
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27 | a. "Adaptation" means a work based upon the Work, or upon the Work and
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28 | other pre-existing works, such as a translation, adaptation,
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29 | derivative work, arrangement of music or other alterations of a
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30 | literary or artistic work, or phonogram or performance and includes
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31 | cinematographic adaptations or any other form in which the Work may be
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32 | recast, transformed, or adapted including in any form recognizably
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33 | derived from the original, except that a work that constitutes a
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34 | Collection will not be considered an Adaptation for the purpose of
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35 | this License. For the avoidance of doubt, where the Work is a musical
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36 | work, performance or phonogram, the synchronization of the Work in
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37 | timed-relation with a moving image ("synching") will be considered an
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38 | Adaptation for the purpose of this License.
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39 | b. "Collection" means a collection of literary or artistic works, such as
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40 | encyclopedias and anthologies, or performances, phonograms or
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41 | broadcasts, or other works or subject matter other than works listed
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42 | in Section 1(f) below, which, by reason of the selection and
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43 | arrangement of their contents, constitute intellectual creations, in
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44 | which the Work is included in its entirety in unmodified form along
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45 | with one or more other contributions, each constituting separate and
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46 | independent works in themselves, which together are assembled into a
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47 | collective whole. A work that constitutes a Collection will not be
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48 | considered an Adaptation (as defined above) for the purposes of this
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49 | License.
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50 | c. "Distribute" means to make available to the public the original and
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51 | copies of the Work or Adaptation, as appropriate, through sale or
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52 | other transfer of ownership.
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53 | d. "Licensor" means the individual, individuals, entity or entities that
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54 | offer(s) the Work under the terms of this License.
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55 | e. "Original Author" means, in the case of a literary or artistic work,
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56 | the individual, individuals, entity or entities who created the Work
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57 | or if no individual or entity can be identified, the publisher; and in
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58 | addition (i) in the case of a performance the actors, singers,
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59 | musicians, dancers, and other persons who act, sing, deliver, declaim,
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60 | play in, interpret or otherwise perform literary or artistic works or
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61 | expressions of folklore; (ii) in the case of a phonogram the producer
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62 | being the person or legal entity who first fixes the sounds of a
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63 | performance or other sounds; and, (iii) in the case of broadcasts, the
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64 | organization that transmits the broadcast.
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65 | f. "Work" means the literary and/or artistic work offered under the terms
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66 | of this License including without limitation any production in the
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67 | literary, scientific and artistic domain, whatever may be the mode or
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68 | form of its expression including digital form, such as a book,
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69 | pamphlet and other writing; a lecture, address, sermon or other work
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70 | of the same nature; a dramatic or dramatico-musical work; a
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71 | choreographic work or entertainment in dumb show; a musical
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72 | composition with or without words; a cinematographic work to which are
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73 | assimilated works expressed by a process analogous to cinematography;
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74 | a work of drawing, painting, architecture, sculpture, engraving or
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75 | lithography; a photographic work to which are assimilated works
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76 | expressed by a process analogous to photography; a work of applied
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77 | art; an illustration, map, plan, sketch or three-dimensional work
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78 | relative to geography, topography, architecture or science; a
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79 | performance; a broadcast; a phonogram; a compilation of data to the
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80 | extent it is protected as a copyrightable work; or a work performed by
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81 | a variety or circus performer to the extent it is not otherwise
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82 | considered a literary or artistic work.
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83 | g. "You" means an individual or entity exercising rights under this
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84 | License who has not previously violated the terms of this License with
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85 | respect to the Work, or who has received express permission from the
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86 | Licensor to exercise rights under this License despite a previous
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87 | violation.
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88 | h. "Publicly Perform" means to perform public recitations of the Work and
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89 | to communicate to the public those public recitations, by any means or
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90 | process, including by wire or wireless means or public digital
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91 | performances; to make available to the public Works in such a way that
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92 | members of the public may access these Works from a place and at a
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93 | place individually chosen by them; to perform the Work to the public
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94 | by any means or process and the communication to the public of the
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95 | performances of the Work, including by public digital performance; to
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96 | broadcast and rebroadcast the Work by any means including signs,
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97 | sounds or images.
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98 | i. "Reproduce" means to make copies of the Work by any means including
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99 | without limitation by sound or visual recordings and the right of
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100 | fixation and reproducing fixations of the Work, including storage of a
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101 | protected performance or phonogram in digital form or other electronic
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102 | medium.
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103 |
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104 | 2. Fair Dealing Rights. Nothing in this License is intended to reduce,
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105 | limit, or restrict any uses free from copyright or rights arising from
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106 | limitations or exceptions that are provided for in connection with the
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107 | copyright protection under copyright law or other applicable laws.
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108 |
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109 | 3. License Grant. Subject to the terms and conditions of this License,
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110 | Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
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111 | perpetual (for the duration of the applicable copyright) license to
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112 | exercise the rights in the Work as stated below:
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113 |
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114 | a. to Reproduce the Work, to incorporate the Work into one or more
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115 | Collections, and to Reproduce the Work as incorporated in the
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116 | Collections;
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117 | b. to create and Reproduce Adaptations provided that any such Adaptation,
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118 | including any translation in any medium, takes reasonable steps to
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119 | clearly label, demarcate or otherwise identify that changes were made
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120 | to the original Work. For example, a translation could be marked "The
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121 | original work was translated from English to Spanish," or a
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122 | modification could indicate "The original work has been modified.";
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123 | c. to Distribute and Publicly Perform the Work including as incorporated
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124 | in Collections; and,
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125 | d. to Distribute and Publicly Perform Adaptations.
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126 | e. For the avoidance of doubt:
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127 |
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128 | i. Non-waivable Compulsory License Schemes. In those jurisdictions in
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129 | which the right to collect royalties through any statutory or
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130 | compulsory licensing scheme cannot be waived, the Licensor
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131 | reserves the exclusive right to collect such royalties for any
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132 | exercise by You of the rights granted under this License;
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133 | ii. Waivable Compulsory License Schemes. In those jurisdictions in
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134 | which the right to collect royalties through any statutory or
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135 | compulsory licensing scheme can be waived, the Licensor waives the
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136 | exclusive right to collect such royalties for any exercise by You
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137 | of the rights granted under this License; and,
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138 | iii. Voluntary License Schemes. The Licensor waives the right to
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139 | collect royalties, whether individually or, in the event that the
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140 | Licensor is a member of a collecting society that administers
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141 | voluntary licensing schemes, via that society, from any exercise
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142 | by You of the rights granted under this License.
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143 |
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144 | The above rights may be exercised in all media and formats whether now
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145 | known or hereafter devised. The above rights include the right to make
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146 | such modifications as are technically necessary to exercise the rights in
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147 | other media and formats. Subject to Section 8(f), all rights not expressly
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148 | granted by Licensor are hereby reserved.
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149 |
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150 | 4. Restrictions. The license granted in Section 3 above is expressly made
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151 | subject to and limited by the following restrictions:
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152 |
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153 | a. You may Distribute or Publicly Perform the Work only under the terms
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154 | of this License. You must include a copy of, or the Uniform Resource
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155 | Identifier (URI) for, this License with every copy of the Work You
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156 | Distribute or Publicly Perform. You may not offer or impose any terms
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157 | on the Work that restrict the terms of this License or the ability of
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158 | the recipient of the Work to exercise the rights granted to that
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159 | recipient under the terms of the License. You may not sublicense the
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160 | Work. You must keep intact all notices that refer to this License and
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161 | to the disclaimer of warranties with every copy of the Work You
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162 | Distribute or Publicly Perform. When You Distribute or Publicly
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163 | Perform the Work, You may not impose any effective technological
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164 | measures on the Work that restrict the ability of a recipient of the
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165 | Work from You to exercise the rights granted to that recipient under
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166 | the terms of the License. This Section 4(a) applies to the Work as
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167 | incorporated in a Collection, but this does not require the Collection
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168 | apart from the Work itself to be made subject to the terms of this
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169 | License. If You create a Collection, upon notice from any Licensor You
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170 | must, to the extent practicable, remove from the Collection any credit
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171 | as required by Section 4(b), as requested. If You create an
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172 | Adaptation, upon notice from any Licensor You must, to the extent
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173 | practicable, remove from the Adaptation any credit as required by
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174 | Section 4(b), as requested.
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175 | b. If You Distribute, or Publicly Perform the Work or any Adaptations or
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176 | Collections, You must, unless a request has been made pursuant to
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177 | Section 4(a), keep intact all copyright notices for the Work and
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178 | provide, reasonable to the medium or means You are utilizing: (i) the
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179 | name of the Original Author (or pseudonym, if applicable) if supplied,
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180 | and/or if the Original Author and/or Licensor designate another party
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181 | or parties (e.g., a sponsor institute, publishing entity, journal) for
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182 | attribution ("Attribution Parties") in Licensor's copyright notice,
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183 | terms of service or by other reasonable means, the name of such party
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184 | or parties; (ii) the title of the Work if supplied; (iii) to the
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185 | extent reasonably practicable, the URI, if any, that Licensor
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186 | specifies to be associated with the Work, unless such URI does not
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187 | refer to the copyright notice or licensing information for the Work;
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188 | and (iv) , consistent with Section 3(b), in the case of an Adaptation,
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189 | a credit identifying the use of the Work in the Adaptation (e.g.,
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190 | "French translation of the Work by Original Author," or "Screenplay
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191 | based on original Work by Original Author"). The credit required by
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192 | this Section 4 (b) may be implemented in any reasonable manner;
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193 | provided, however, that in the case of a Adaptation or Collection, at
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194 | a minimum such credit will appear, if a credit for all contributing
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195 | authors of the Adaptation or Collection appears, then as part of these
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196 | credits and in a manner at least as prominent as the credits for the
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197 | other contributing authors. For the avoidance of doubt, You may only
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198 | use the credit required by this Section for the purpose of attribution
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199 | in the manner set out above and, by exercising Your rights under this
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200 | License, You may not implicitly or explicitly assert or imply any
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201 | connection with, sponsorship or endorsement by the Original Author,
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202 | Licensor and/or Attribution Parties, as appropriate, of You or Your
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203 | use of the Work, without the separate, express prior written
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204 | permission of the Original Author, Licensor and/or Attribution
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205 | Parties.
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206 | c. Except as otherwise agreed in writing by the Licensor or as may be
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207 | otherwise permitted by applicable law, if You Reproduce, Distribute or
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208 | Publicly Perform the Work either by itself or as part of any
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209 | Adaptations or Collections, You must not distort, mutilate, modify or
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210 | take other derogatory action in relation to the Work which would be
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211 | prejudicial to the Original Author's honor or reputation. Licensor
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212 | agrees that in those jurisdictions (e.g. Japan), in which any exercise
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213 | of the right granted in Section 3(b) of this License (the right to
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214 | make Adaptations) would be deemed to be a distortion, mutilation,
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215 | modification or other derogatory action prejudicial to the Original
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216 | Author's honor and reputation, the Licensor will waive or not assert,
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217 | as appropriate, this Section, to the fullest extent permitted by the
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218 | applicable national law, to enable You to reasonably exercise Your
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219 | right under Section 3(b) of this License (right to make Adaptations)
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220 | but not otherwise.
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221 |
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222 | 5. Representations, Warranties and Disclaimer
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223 |
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224 | UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
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225 | OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
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226 | KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
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227 | INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
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228 | FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
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229 | LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS,
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230 | WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
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231 | OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
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232 |
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233 | 6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE
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234 | LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR
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235 | ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES
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236 | ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS
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237 | BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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238 |
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239 | 7. Termination
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240 |
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241 | a. This License and the rights granted hereunder will terminate
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242 | automatically upon any breach by You of the terms of this License.
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243 | Individuals or entities who have received Adaptations or Collections
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244 | from You under this License, however, will not have their licenses
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245 | terminated provided such individuals or entities remain in full
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246 | compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will
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247 | survive any termination of this License.
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248 | b. Subject to the above terms and conditions, the license granted here is
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249 | perpetual (for the duration of the applicable copyright in the Work).
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250 | Notwithstanding the above, Licensor reserves the right to release the
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251 | Work under different license terms or to stop distributing the Work at
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252 | any time; provided, however that any such election will not serve to
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253 | withdraw this License (or any other license that has been, or is
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254 | required to be, granted under the terms of this License), and this
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255 | License will continue in full force and effect unless terminated as
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256 | stated above.
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257 |
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258 | 8. Miscellaneous
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259 |
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260 | a. Each time You Distribute or Publicly Perform the Work or a Collection,
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261 | the Licensor offers to the recipient a license to the Work on the same
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262 | terms and conditions as the license granted to You under this License.
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263 | b. Each time You Distribute or Publicly Perform an Adaptation, Licensor
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264 | offers to the recipient a license to the original Work on the same
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265 | terms and conditions as the license granted to You under this License.
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266 | c. If any provision of this License is invalid or unenforceable under
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267 | applicable law, it shall not affect the validity or enforceability of
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268 | the remainder of the terms of this License, and without further action
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269 | by the parties to this agreement, such provision shall be reformed to
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270 | the minimum extent necessary to make such provision valid and
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271 | enforceable.
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272 | d. No term or provision of this License shall be deemed waived and no
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273 | breach consented to unless such waiver or consent shall be in writing
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274 | and signed by the party to be charged with such waiver or consent.
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275 | e. This License constitutes the entire agreement between the parties with
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276 | respect to the Work licensed here. There are no understandings,
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277 | agreements or representations with respect to the Work not specified
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278 | here. Licensor shall not be bound by any additional provisions that
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279 | may appear in any communication from You. This License may not be
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280 | modified without the mutual written agreement of the Licensor and You.
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281 | f. The rights granted under, and the subject matter referenced, in this
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282 | License were drafted utilizing the terminology of the Berne Convention
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283 | for the Protection of Literary and Artistic Works (as amended on
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284 | September 28, 1979), the Rome Convention of 1961, the WIPO Copyright
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285 | Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996
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286 | and the Universal Copyright Convention (as revised on July 24, 1971).
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287 | These rights and subject matter take effect in the relevant
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288 | jurisdiction in which the License terms are sought to be enforced
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289 | according to the corresponding provisions of the implementation of
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290 | those treaty provisions in the applicable national law. If the
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291 | standard suite of rights granted under applicable copyright law
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292 | includes additional rights not granted under this License, such
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293 | additional rights are deemed to be included in the License; this
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294 | License is not intended to restrict the license of any rights under
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295 | applicable law.
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296 |
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297 |
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298 | Creative Commons Notice
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299 |
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300 | Creative Commons is not a party to this License, and makes no warranty
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301 | whatsoever in connection with the Work. Creative Commons will not be
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302 | liable to You or any party on any legal theory for any damages
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303 | whatsoever, including without limitation any general, special,
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304 | incidental or consequential damages arising in connection to this
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305 | license. Notwithstanding the foregoing two (2) sentences, if Creative
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306 | Commons has expressly identified itself as the Licensor hereunder, it
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307 | shall have all rights and obligations of Licensor.
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308 |
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309 | Except for the limited purpose of indicating to the public that the
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310 | Work is licensed under the CCPL, Creative Commons does not authorize
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311 | the use by either party of the trademark "Creative Commons" or any
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312 | related trademark or logo of Creative Commons without the prior
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313 | written consent of Creative Commons. Any permitted use will be in
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314 | compliance with Creative Commons' then-current trademark usage
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315 | guidelines, as may be published on its website or otherwise made
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316 | available upon request from time to time. For the avoidance of doubt,
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317 | this trademark restriction does not form part of this License.
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318 |
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319 | Creative Commons may be contacted at http://creativecommons.org/. |
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