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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.
1. Definitions
"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 License.
"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.
"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.
"Licensor" means the individual, individuals, entity or entities that offer(s) the
Work under the terms of this License.
"Original Author" 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 the broadcast.
"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.
"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.
"Publicly Perform" 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.
"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 below:
to Reproduce the Work, to incorporate the Work into one or more Collections, and to
Reproduce the Work as incorporated in the Collections;
to 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 modified.";
to Distribute and Publicly Perform the Work including as incorporated in
Collections; and,
to Distribute and Publicly Perform Adaptations.
For the avoidance of doubt:
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.
7. Termination
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.
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
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.
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.
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.
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.
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.
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 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 applicable law.