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PEER PRODUCTION LICENSE: A MODEL FOR COPYFARLEFT |
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This is the legal text of the Peer Production License. |
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The Peer Production License is a copyfarleft license model, derived |
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from the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 |
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Unported license |
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LICENCE |
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS |
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COPYFARLEFT PUBLIC LICENSE (“LICENSE”). THE WORK IS PROTECTED BY |
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COPYRIGHT AND ALL OTHER APPLICABLE LAWS. ANY USE OF THE WORK OTHER |
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THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS |
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PROHIBITED. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED IN THIS |
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LICENSE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE |
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EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR |
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GRANTS YOU THE RIGHTS CONTAINED HERE IN AS CONSIDERATION FOR ACCEPTING |
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THE TERMS AND CONDITIONS OF THIS LICENSE AND FOR AGREEING TO BE BOUND |
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BY THE TERMS AND CONDITIONS OF THIS LICENSE. 1 – DEFINITIONS |
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a – “Adaptation” means a work based upon the Work, or upon the Work |
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and other pre-existing works, such as a translation, adaptation, |
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derivative work, arrangement of music or other alterations of a |
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literary or artistic work, or phonogram or performance and includes |
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cinematographic adaptations or any other form in which the Work may be |
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recast, transformed, or adapted including in any form recognizably |
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derived from the original, except that a work that constitutes a |
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Collection will not be considered an Adaptation for the purpose of |
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this License. For the avoidance of doubt, where the Work is a musical |
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work, performance or phonogram, the synchronization of the Work in |
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timed-relation with a moving image (“synching”) will be considered an |
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Adaptation for the purpose of this License. |
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b – “Collection” means a collection of literary or artistic works, |
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such as encyclopedias and anthologies, or performances, phonograms or |
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broadcasts, or other works or subject matter other than works listed |
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in Section 1(f) below, which, by reason of the selection and |
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arrangement of their contents, constitute intellectual creations, in |
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which the Work is included in its entirety in unmodified form along |
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with one or more other contributions, each constituting separate and |
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independent works in themselves, which together are assembled into a |
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collective whole. A work that constitutes a Collection will not be |
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considered an Adaptation (as defined above) for the purposes of this |
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License. |
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c – “Distribute” means to make available to the public the original |
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and copies of the Work or Adaptation, as appropriate, through sale, |
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gift or any other transfer of possession or ownership. |
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d – “Licensor” means the individual, individuals, entity or entities |
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that offer(s) the Work under the terms of this License. |
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e – “Original Author” means, in the case of a literary or artistic |
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work, the individual, individuals, entity or entities who created the |
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Work or if no individual or entity can be identified, the publisher; |
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and in addition (i) in the case of a performance the actors, singers, |
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musicians, dancers, and other persons who act, sing, deliver, declaim, |
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play in, interpret or otherwise perform literary or artistic works or |
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expressions of folklore; (ii) in the case of a phonogram the producer |
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being the person or legal entity who first fixes the sounds of a |
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performance or other sounds; and, (iii) in the case of broadcasts, the |
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organization that transmits the broadcast. |
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f – “Work” means the literary and/or artistic work offered under the |
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terms of this License including without limitation any production in |
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the literary, scientific and artistic domain, whatever may be the mode |
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or form of its expression including digital form, such as a book, |
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pamphlet and other writing; a lecture, address, sermon or other work |
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of the same nature; a dramatic or dramatico-musical work; a |
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choreographic work or entertainment in dumb show; a musical |
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composition with or without words; a cinematographic work to which are |
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assimilated works expressed by a process analogous to cinematography; |
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a work of drawing, painting, architecture, sculpture, engraving or |
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lithography; a photographic work to which are assimilated works |
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expressed by a process analogous to photography; a work of applied |
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art; an illustration, map, plan, sketch or three-dimensional work |
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relative to geography, topography, architecture or science; a |
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performance; a broadcast; a phonogram; a compilation of data to the |
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extent it is protected as a copyrightable work; or a work performed by |
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a variety or circus performer to the extent it is not otherwise |
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considered a literary or artistic work. |
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g – “You” means an individual or entity exercising rights under this |
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License who has not previously violated the terms of this License with |
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respect to the Work, or who has received express permission from the |
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Licensor to exercise rights under this License despite a previous |
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violation. |
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h – “Publicly Perform” means to perform public recitations of the Work |
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and to communicate to the public those public recitations, by any |
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means or process, including by wire or wireless means or public |
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digital performances; to make available to the public Works in such a |
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way that members of the public may access these Works from a place and |
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at a place individually chosen by them; to perform the Work to the |
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public by any means or process and the communication to the public of |
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the performances of the Work, including by public digital performance; |
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to broadcast and rebroadcast the Work by any means including signs, |
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sounds or images. |
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i – “Reproduce” means to make copies of the Work by any means |
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including without limitation by sound or visual recordings and the |
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right of fixation and reproducing fixations of the Work, including |
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storage of a protected performance or phonogram in digital form or |
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other electronic medium. 2 – FAIR DEALING RIGHTS |
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Nothing in this License is intended to reduce, limit, or restrict any |
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uses free from copyright or rights arising from limitations or |
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exceptions that are provided for in connection with the copyright |
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protection under copyright law or other applicable laws. 3 – LICENSE |
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GRANT |
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Subject to the terms and conditions of this License, Licensor hereby |
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grants You a worldwide, royalty-free, non-exclusive, perpetual (for |
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the duration of the applicable copyright) license to exercise the |
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rights in the Work as stated below: |
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a – to Reproduce the Work, to incorporate the Work into one or more |
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Collections, and to Reproduce the Work as incorporated in the |
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Collections; |
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b – to create and Reproduce Adaptations provided that any such |
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Adaptation, including any translation in any medium, takes reasonable |
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steps to clearly label, demarcate or otherwise identify that changes |
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were made to the original Work. For example, a translation could be |
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marked “The original work was translated from English to Spanish,” or |
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a modification could indicate “The original work has been modified.”; |
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c – to Distribute and Publicly Perform the Work including as |
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incorporated in Collections; and, |
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d – to Distribute and Publicly Perform Adaptations. The above rights |
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may be exercised in all media and formats whether now known or |
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hereafter devised. The above rights include the right to make such |
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modifications as are technically necessary to exercise the rights in |
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other media and formats. Subject to Section 8(f), all rights not |
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expressly granted by Licensor are hereby reserved, including but not |
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limited to the rights set forth in Section 4(f). 4 – RESTRICTIONS |
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The license granted in Section 3 above is expressly made subject to |
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and limited by the following restrictions: |
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a – You may Distribute or Publicly Perform the Work only under the |
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terms of this License. You must include a copy of, or the Uniform |
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Resource Identifier (URI) for, this License with every copy of the |
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Work You Distribute or Publicly Perform. You may not offer or impose |
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any terms on the Work that restrict the terms of this License or the |
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ability of the recipient of the Work to exercise the rights granted to |
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that recipient under the terms of the License. You may not sublicense |
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the Work. You must keep intact all notices that refer to this License |
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and to the disclaimer of warranties with every copy of the Work You |
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Distribute or Publicly Perform. When You Distribute or Publicly |
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Perform the Work, You may not impose any effective technological |
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measures on the Work that restrict the ability of a recipient of the |
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Work from You to exercise the rights granted to that recipient under |
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the terms of the License. This Section 4(a) applies to the Work as |
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incorporated in a Collection, but this does not require the Collection |
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apart from the Work itself to be made subject to the terms of this |
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License. If You create a Collection, upon notice from any Licensor You |
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must, to the extent practicable, remove from the Collection any credit |
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as required by Section 4(d), as requested. If You create an |
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Adaptation, upon notice from any Licensor You must, to the extent |
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practicable, remove from the Adaptation any credit as required by |
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Section 4(d), as requested. |
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b – Subject to the exception in Section 4(c), you may not exercise any |
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of the rights granted to You in Section 3 above in any manner that is |
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primarily intended for or directed toward commercial advantage or |
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private monetary compensation. The exchange of the Work for other |
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copyrighted works by means of digital file-sharing or otherwise shall |
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not be considered to be intended for or directed toward commercial |
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advantage or private monetary compensation, provided there is no |
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payment of any monetary compensation in connection with the exchange |
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of copyrighted works. |
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c – You may exercise the rights granted in Section 3 for commercial |
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purposes only if: |
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i – You are a worker-owned business or worker-owned collective; |
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and |
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ii – all financial gain, surplus, profits and benefits produced |
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by the business or collective are distributed among the |
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worker-owners |
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d – Any use by a business that is privately owned and managed, and |
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that seeks to generate profit from the labor of employees paid by |
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salary or other wages, is not permitted under this license. |
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e – If You Distribute, or Publicly Perform the Work or any Adaptations |
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or Collections, You must, unless a request has been made pursuant to |
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Section 4(a), keep intact all copyright notices for the Work and |
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provide, reasonable to the medium or means You are utilizing: (i) the |
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name of the Original Author (or pseudonym, if applicable) if supplied, |
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and/or if the Original Author and/or Licensor designate another party |
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or parties (e.g., a sponsor institute, publishing entity, journal) for |
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attribution (“Attribution Parties”) in Licensor’s copyright notice, |
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terms of service or by other reasonable means, the name of such party |
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or parties; (ii) the title of the Work if supplied; (iii) to the |
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extent reasonably practicable, the URI, if any, that Licensor |
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specifies to be associated with the Work, unless such URI does not |
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refer to the copyright notice or licensing information for the Work; |
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and, (iv) consistent with Section 3(b), in the case of an Adaptation, |
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a credit identifying the use of the Work in the Adaptation (e.g., |
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“French translation of the Work by Original Author,” or “Screenplay |
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based on original Work by Original Author”). The credit required by |
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this Section 4(d) may be implemented in any reasonable manner; |
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provided, however, that in the case of a Adaptation or Collection, at |
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a minimum such credit will appear, if a credit for all contributing |
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authors of the Adaptation or Collection appears, then as part of these |
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credits and in a manner at least as prominent as the credits for the |
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other contributing authors. For the avoidance of doubt, You may only |
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use the credit required by this Section for the purpose of attribution |
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in the manner set out above and, by exercising Your rights under this |
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License, You may not implicitly or explicitly assert or imply any |
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connection with, sponsorship or endorsement by the Original Author, |
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Licensor and/or Attribution Parties, as appropriate, of You or Your |
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use of the Work, without the separate, express prior written |
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permission of the Original Author, Licensor and/or Attribution |
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Parties. |
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f – For the avoidance of doubt: |
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i – Non-waivable Compulsory License Schemes. In those |
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jurisdictions in which the right to collect royalties through any |
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statutory or compulsory licensing scheme cannot be waived, the |
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Licensor reserves the exclusive right to collect such royalties |
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for any exercise by You of the rights granted under this License; |
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ii – Waivable Compulsory License Schemes. In those jurisdictions |
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in which the right to collect royalties through any statutory or |
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compulsory licensing scheme can be waived, the Licensor reserves |
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the exclusive right to collect such royalties for any exercise by |
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You of the rights granted under this License if Your exercise of |
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such rights is for a purpose or use which is otherwise than |
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noncommercial as permitted under Section 4(b) and otherwise |
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waives the right to collect royalties through any statutory or |
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compulsory licensing scheme; and, |
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iii – Voluntary License Schemes. The Licensor reserves the right |
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to collect royalties, whether individually or, in the event that |
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the Licensor is a member of a collecting society that administers |
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voluntary licensing schemes, via that society, from any exercise |
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by You of the rights granted under this License that is for a |
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purpose or use which is otherwise than noncommercial as permitted |
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under Section 4(b). |
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g – Except as otherwise agreed in writing by the Licensor or as may be |
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otherwise permitted by applicable law, if You Reproduce, Distribute or |
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Publicly Perform the Work either by itself or as part of any |
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Adaptations or Collections, You must not distort, mutilate, modify or |
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take other derogatory action in relation to the Work which would be |
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prejudicial to the Original Author’s honor or reputation. Licensor |
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agrees that in those jurisdictions (e.g. Japan), in which any exercise |
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of the right granted in Section 3(b) of this License (the right to |
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make Adaptations) would be deemed to be a distortion, mutilation, |
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modification or other derogatory action prejudicial to the Original |
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Author’s honor and reputation, the Licensor will waive or not assert, |
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as appropriate, this Section, to the fullest extent permitted by the |
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applicable national law, to enable You to reasonably exercise Your |
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right under Section 3(b) of this License (right to make Adaptations) |
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but not otherwise. 5 – REPRESENTATIONS, WARRANTIES AND DISCLAIMER |
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, |
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LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR |
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WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, |
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STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF |
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TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, |
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NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, |
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OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT |
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DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED |
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WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU. 6 – LIMITATION ON |
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LIABILITY |
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EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL |
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LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, |
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INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT |
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OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN |
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ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7 – TERMINATION |
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a – This License and the rights granted hereunder will terminate |
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automatically upon any breach by You of the terms of this |
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License. Individuals or entities who have received Adaptations or |
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Collections from You under this License, however, will not have their |
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licenses terminated provided such individuals or entities remain in |
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full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 |
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will survive any termination of this License. |
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b – Subject to the above terms and conditions, the license granted |
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here is perpetual (for the duration of the applicable copyright in the |
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Work). Notwithstanding the above, Licensor reserves the right to |
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release the Work under different license terms or to stop distributing |
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the Work at any time; provided, however that any such election will |
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not serve to withdraw this License (or any other license that has |
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been, or is required to be, granted under the terms of this License), |
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and this License will continue in full force and effect unless |
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terminated as stated above. 8 – MISCELLANEOUS |
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a – Each time You Distribute or Publicly Perform the Work or a |
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Collection, the Licensor offers to the recipient a license to the Work |
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on the same terms and conditions as the license granted to You under |
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this License. |
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b – Each time You Distribute or Publicly Perform an Adaptation, |
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Licensor offers to the recipient a license to the original Work on the |
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same terms and conditions as the license granted to You under this |
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License. |
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c – If any provision of this License is invalid or unenforceable under |
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applicable law, it shall not affect the validity or enforceability of |
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the remainder of the terms of this License, and without further action |
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by the parties to this agreement, such provision shall be reformed to |
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the minimum extent necessary to make such provision valid and |
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enforceable. |
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d – No term or provision of this License shall be deemed waived and no |
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breach consented to unless such waiver or consent shall be in writing |
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and signed by the party to be charged with such waiver or consent. |
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e – This License constitutes the entire agreement between the parties |
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with respect to the Work licensed here. There are no understandings, |
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agreements or representations with respect to the Work not specified |
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here. Licensor shall not be bound by any additional provisions that |
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may appear in any communication from You. This License may not be |
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modified without the mutual written agreement of the Licensor and You. |
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f – The rights granted under, and the subject matter referenced, in |
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this License were drafted utilizing the terminology of the Berne |
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Convention for the Protection of Literary and Artistic Works (as |
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amended on September 28, 1979), the Rome Convention of 1961, the WIPO |
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Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty |
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of 1996 and the Universal Copyright Convention (as revised on July 24, |
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1971). These rights and subject matter take effect in the relevant |
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jurisdiction in which the License terms are sought to be enforced |
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according to the corresponding provisions of the implementation of |
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those treaty provisions in the applicable national law. If the |
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standard suite of rights granted under applicable copyright law |
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includes additional rights not granted under this License, such |
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additional rights are deemed to be included in the License; this |
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License is not intended to restrict the license of any rights under |
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applicable law. |
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