|
| 1 | +Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International Public License |
| 2 | + |
| 3 | +By exercising the Licensed Rights (defined below), You accept and agree to be |
| 4 | +bound by the terms and conditions of this Creative Commons |
| 5 | +Attribution-NonCommercial-NoDerivatives 4.0 International Public License |
| 6 | +("Public License"). To the extent this Public License may be interpreted as a |
| 7 | +contract, You are granted the Licensed Rights in consideration of Your |
| 8 | +acceptance of these terms and conditions, and the Licensor grants You such |
| 9 | +rights in consideration of benefits the Licensor receives from making the |
| 10 | +Licensed Material available under these terms and conditions. |
| 11 | + |
| 12 | +Section 1 – Definitions. |
| 13 | + |
| 14 | + a. Adapted Material means material subject to Copyright and Similar Rights |
| 15 | + that is derived from or based upon the Licensed Material and in which |
| 16 | + the Licensed Material is translated, altered, arranged, transformed, or |
| 17 | + otherwise modified in a manner requiring permission under the Copyright |
| 18 | + and Similar Rights held by the Licensor. For purposes of this Public |
| 19 | + License, where the Licensed Material is a musical work, performance, or |
| 20 | + sound recording, Adapted Material is always produced where the Licensed |
| 21 | + Material is synched in timed relation with a moving image. |
| 22 | + b. Copyright and Similar Rights means copyright and/or similar rights |
| 23 | + closely related to copyright including, without limitation, |
| 24 | + performance, broadcast, sound recording, and Sui Generis Database |
| 25 | + Rights, without regard to how the rights are labeled or categorized. |
| 26 | + For purposes of this Public License, the rights specified in Section |
| 27 | + 2(b)(1)-(2) are not Copyright and Similar Rights. |
| 28 | + c. Effective Technological Measures means those measures that, in the |
| 29 | + absence of proper authority, may not be circumvented under laws |
| 30 | + fulfilling obligations under Article 11 of the WIPO Copyright Treaty |
| 31 | + adopted on December 20, 1996, and/or similar international agreements. |
| 32 | + d. Exceptions and Limitations means fair use, fair dealing, and/or any |
| 33 | + other exception or limitation to Copyright and Similar Rights that |
| 34 | + applies to Your use of the Licensed Material. |
| 35 | + e. Licensed Material means the artistic or literary work, database, or |
| 36 | + other material to which the Licensor applied this Public License. |
| 37 | + f. Licensed Rights means the rights granted to You subject to the terms |
| 38 | + and conditions of this Public License, which are limited to all |
| 39 | + Copyright and Similar Rights that apply to Your use of the Licensed |
| 40 | + Material and that the Licensor has authority to license. |
| 41 | + g. Licensor means the individual(s) or entity(ies) granting rights under |
| 42 | + this Public License. |
| 43 | + h. NonCommercial means not primarily intended for or directed towards |
| 44 | + commercial advantage or monetary compensation. For purposes of this |
| 45 | + Public License, the exchange of the Licensed Material for other |
| 46 | + material subject to Copyright and Similar Rights by digital |
| 47 | + file-sharing or similar means is NonCommercial provided there is no |
| 48 | + payment of monetary compensation in connection with the exchange. |
| 49 | + i. Share means to provide material to the public by any means or process |
| 50 | + that requires permission under the Licensed Rights, such as |
| 51 | + reproduction, public display, public performance, distribution, |
| 52 | + dissemination, communication, or importation, and to make material |
| 53 | + available to the public including in ways that members of the public |
| 54 | + may access the material from a place and at a time individually chosen |
| 55 | + by them. |
| 56 | + j. Sui Generis Database Rights means rights other than copyright resulting |
| 57 | + from Directive 96/9/EC of the European Parliament and of the Council of |
| 58 | + 11 March 1996 on the legal protection of databases, as amended and/or |
| 59 | + succeeded, as well as other essentially equivalent rights anywhere in |
| 60 | + the world. |
| 61 | + k. You means the individual or entity exercising the Licensed Rights under |
| 62 | + this Public License. Your has a corresponding meaning. |
| 63 | + |
| 64 | +Section 2 – Scope. |
| 65 | + |
| 66 | + a. License grant. |
| 67 | + 1. Subject to the terms and conditions of this Public License, the |
| 68 | + Licensor hereby grants You a worldwide, royalty-free, |
| 69 | + non-sublicensable, non-exclusive, irrevocable license to exercise |
| 70 | + the Licensed Rights in the Licensed Material to: |
| 71 | + A. reproduce and Share the Licensed Material, in whole or in part, |
| 72 | + for NonCommercial purposes only; and |
| 73 | + B. produce and reproduce, but not Share, Adapted Material for |
| 74 | + NonCommercial purposes only. |
| 75 | + 2. Exceptions and Limitations. For the avoidance of doubt, where |
| 76 | + Exceptions and Limitations apply to Your use, this Public License |
| 77 | + does not apply, and You do not need to comply with its terms and |
| 78 | + conditions. |
| 79 | + 3. Term. The term of this Public License is specified in Section 6(a). |
| 80 | + 4. Media and formats; technical modifications allowed. The Licensor |
| 81 | + authorizes You to exercise the Licensed Rights in all media and |
| 82 | + formats whether now known or hereafter created, and to make |
| 83 | + technical modifications necessary to do so. The Licensor waives |
| 84 | + and/or agrees not to assert any right or authority to forbid You |
| 85 | + from making technical modifications necessary to exercise the |
| 86 | + Licensed Rights, including technical modifications necessary to |
| 87 | + circumvent Effective Technological Measures. For purposes of this |
| 88 | + Public License, simply making modifications authorized by this |
| 89 | + Section 2(a)(4) never produces Adapted Material. |
| 90 | + 5. Downstream recipients. |
| 91 | + A. Offer from the Licensor – Licensed Material. Every recipient of |
| 92 | + the Licensed Material automatically receives an offer from the |
| 93 | + Licensor to exercise the Licensed Rights under the terms and |
| 94 | + conditions of this Public License. |
| 95 | + B. No downstream restrictions. You may not offer or impose any |
| 96 | + additional or different terms or conditions on, or apply any |
| 97 | + Effective Technological Measures to, the Licensed Material if |
| 98 | + doing so restricts exercise of the Licensed Rights by any |
| 99 | + recipient of the Licensed Material. |
| 100 | + 6. No endorsement. Nothing in this Public License constitutes or may |
| 101 | + be construed as permission to assert or imply that You are, or that |
| 102 | + Your use of the Licensed Material is, connected with, or sponsored, |
| 103 | + endorsed, or granted official status by, the Licensor or others |
| 104 | + designated to receive attribution as provided in Section |
| 105 | + 3(a)(1)(A)(i). |
| 106 | + |
| 107 | + b. Other rights. |
| 108 | + 1. Moral rights, such as the right of integrity, are not licensed |
| 109 | + under this Public License, nor are publicity, privacy, and/or other |
| 110 | + similar personality rights; however, to the extent possible, the |
| 111 | + Licensor waives and/or agrees not to assert any such rights held by |
| 112 | + the Licensor to the limited extent necessary to allow You to |
| 113 | + exercise the Licensed Rights, but not otherwise. |
| 114 | + 2. Patent and trademark rights are not licensed under this Public |
| 115 | + License. |
| 116 | + 3. To the extent possible, the Licensor waives any right to collect |
| 117 | + royalties from You for the exercise of the Licensed Rights, whether |
| 118 | + directly or through a collecting society under any voluntary or |
| 119 | + waivable statutory or compulsory licensing scheme. In all other |
| 120 | + cases the Licensor expressly reserves any right to collect such |
| 121 | + royalties, including when the Licensed Material is used other than |
| 122 | + for NonCommercial purposes. |
| 123 | + |
| 124 | +Section 3 – License Conditions. |
| 125 | + |
| 126 | +Your exercise of the Licensed Rights is expressly made subject to the following conditions. |
| 127 | + |
| 128 | + a. Attribution. |
| 129 | + |
| 130 | + 1. If You Share the Licensed Material, You must: |
| 131 | + A. retain the following if it is supplied by the Licensor with the |
| 132 | + Licensed Material: |
| 133 | + i. identification of the creator(s) of the Licensed Material |
| 134 | + and any others designated to receive attribution, in any |
| 135 | + reasonable manner requested by the Licensor (including by |
| 136 | + pseudonym if designated); |
| 137 | + ii. a copyright notice; |
| 138 | + iii. a notice that refers to this Public License; |
| 139 | + iv. a notice that refers to the disclaimer of warranties; |
| 140 | + v. a URI or hyperlink to the Licensed Material to the extent |
| 141 | + reasonably practicable; |
| 142 | + B. indicate if You modified the Licensed Material and retain an |
| 143 | + indication of any previous modifications; and |
| 144 | + C. indicate the Licensed Material is licensed under this Public |
| 145 | + License, and include the text of, or the URI or hyperlink to, |
| 146 | + this Public License. |
| 147 | + |
| 148 | + For the avoidance of doubt, You do not have permission under this |
| 149 | + Public License to Share Adapted Material. |
| 150 | + |
| 151 | + 2. You may satisfy the conditions in Section 3(a)(1) in any reasonable |
| 152 | + manner based on the medium, means, and context in which You Share |
| 153 | + the Licensed Material. For example, it may be reasonable to satisfy |
| 154 | + the conditions by providing a URI or hyperlink to a resource that |
| 155 | + includes the required information. |
| 156 | + 3. If requested by the Licensor, You must remove any of the |
| 157 | + information required by Section 3(a)(1)(A) to the extent reasonably |
| 158 | + practicable. |
| 159 | + |
| 160 | +Section 4 – Sui Generis Database Rights. |
| 161 | + |
| 162 | +Where the Licensed Rights include Sui Generis Database Rights that apply to |
| 163 | +Your use of the Licensed Material: |
| 164 | + |
| 165 | + a. for the avoidance of doubt, Section 2(a)(1) grants You the right to |
| 166 | + extract, reuse, reproduce, and Share all or a substantial portion of |
| 167 | + the contents of the database for NonCommercial purposes only and |
| 168 | + provided You do not Share Adapted Material; |
| 169 | + b. if You include all or a substantial portion of the database contents in |
| 170 | + a database in which You have Sui Generis Database Rights, then the |
| 171 | + database in which You have Sui Generis Database Rights (but not its |
| 172 | + individual contents) is Adapted Material; and |
| 173 | + c. You must comply with the conditions in Section 3(a) if You Share all or |
| 174 | + a substantial portion of the contents of the database. |
| 175 | + |
| 176 | +For the avoidance of doubt, this Section 4 supplements and does not replace |
| 177 | +Your obligations under this Public License where the Licensed Rights include |
| 178 | +other Copyright and Similar Rights. |
| 179 | + |
| 180 | +Section 5 – Disclaimer of Warranties and Limitation of Liability. |
| 181 | + |
| 182 | + a. Unless otherwise separately undertaken by the Licensor, to the extent |
| 183 | + possible, the Licensor offers the Licensed Material as-is and |
| 184 | + as-available, and makes no representations or warranties of any kind |
| 185 | + concerning the Licensed Material, whether express, implied, statutory, |
| 186 | + or other. This includes, without limitation, warranties of title, |
| 187 | + merchantability, fitness for a particular purpose, non-infringement, |
| 188 | + absence of latent or other defects, accuracy, or the presence or |
| 189 | + absence of errors, whether or not known or discoverable. Where |
| 190 | + disclaimers of warranties are not allowed in full or in part, this |
| 191 | + disclaimer may not apply to You. |
| 192 | + b. To the extent possible, in no event will the Licensor be liable to You |
| 193 | + on any legal theory (including, without limitation, negligence) or |
| 194 | + otherwise for any direct, special, indirect, incidental, consequential, |
| 195 | + punitive, exemplary, or other losses, costs, expenses, or damages |
| 196 | + arising out of this Public License or use of the Licensed Material, |
| 197 | + even if the Licensor has been advised of the possibility of such |
| 198 | + losses, costs, expenses, or damages. Where a limitation of liability is |
| 199 | + not allowed in full or in part, this limitation may not apply to You. |
| 200 | + c. The disclaimer of warranties and limitation of liability provided above |
| 201 | + shall be interpreted in a manner that, to the extent possible, most |
| 202 | + closely approximates an absolute disclaimer and waiver of all |
| 203 | + liability. |
| 204 | + |
| 205 | +Section 6 – Term and Termination. |
| 206 | + |
| 207 | + a. This Public License applies for the term of the Copyright and Similar |
| 208 | + Rights licensed here. However, if You fail to comply with this Public |
| 209 | + License, then Your rights under this Public License terminate |
| 210 | + automatically. |
| 211 | + b. Where Your right to use the Licensed Material has terminated under |
| 212 | + Section 6(a), it reinstates: |
| 213 | + 1. automatically as of the date the violation is cured, provided it is |
| 214 | + cured within 30 days of Your discovery of the violation; or |
| 215 | + 2. upon express reinstatement by the Licensor. |
| 216 | + |
| 217 | + For the avoidance of doubt, this Section 6(b) does not affect any right |
| 218 | + the Licensor may have to seek remedies for Your violations of this |
| 219 | + Public License. |
| 220 | + |
| 221 | + c. For the avoidance of doubt, the Licensor may also offer the Licensed |
| 222 | + Material under separate terms or conditions or stop distributing the |
| 223 | + Licensed Material at any time; however, doing so will not terminate |
| 224 | + this Public License. |
| 225 | + d. Sections 1, 5, 6, 7, and 8 survive termination of this Public License. |
| 226 | + |
| 227 | +Section 7 – Other Terms and Conditions. |
| 228 | + |
| 229 | + a. The Licensor shall not be bound by any additional or different terms or |
| 230 | + conditions communicated by You unless expressly agreed. |
| 231 | + b. Any arrangements, understandings, or agreements regarding the Licensed |
| 232 | + Material not stated herein are separate from and independent of the |
| 233 | + terms and conditions of this Public License. |
| 234 | + |
| 235 | +Section 8 – Interpretation. |
| 236 | + |
| 237 | + a. For the avoidance of doubt, this Public License does not, and shall not |
| 238 | + be interpreted to, reduce, limit, restrict, or impose conditions on any |
| 239 | + use of the Licensed Material that could lawfully be made without |
| 240 | + permission under this Public License. |
| 241 | + b. To the extent possible, if any provision of this Public License is |
| 242 | + deemed unenforceable, it shall be automatically reformed to the minimum |
| 243 | + extent necessary to make it enforceable. If the provision cannot be |
| 244 | + reformed, it shall be severed from this Public License without |
| 245 | + affecting the enforceability of the remaining terms and conditions. |
| 246 | + c. No term or condition of this Public License will be waived and no |
| 247 | + failure to comply consented to unless expressly agreed to by the Licensor. |
| 248 | + d. Nothing in this Public License constitutes or may be interpreted as a |
| 249 | + limitation upon, or waiver of, any privileges and immunities that apply |
| 250 | + to the Licensor or You, including from the legal processes of any |
| 251 | + jurisdiction or authority. |
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