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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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||||||
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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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||||||
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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
|
||||||
|
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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||||||
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|
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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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||||||
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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
|
||||||
|
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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||||||
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||||||
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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
|
||||||
|
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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|
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||||||
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d – to Distribute and Publicly Perform Adaptations. The above rights
|
||||||
|
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
|
||||||
|
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
|
||||||
|
Resource Identifier (URI) for, this License with every copy of the
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||||||
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Work You Distribute or Publicly Perform. You may not offer or impose
|
||||||
|
any terms on the Work that restrict the terms of this License or the
|
||||||
|
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
|
||||||
|
and to the disclaimer of warranties with every copy of the Work You
|
||||||
|
Distribute or Publicly Perform. When You Distribute or Publicly
|
||||||
|
Perform the Work, You may not impose any effective technological
|
||||||
|
measures on the Work that restrict the ability of a recipient of the
|
||||||
|
Work from You to exercise the rights granted to that recipient under
|
||||||
|
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
|
||||||
|
apart from the Work itself to be made subject to the terms of this
|
||||||
|
License. If You create a Collection, upon notice from any Licensor You
|
||||||
|
must, to the extent practicable, remove from the Collection any credit
|
||||||
|
as required by Section 4(d), as requested. If You create an
|
||||||
|
Adaptation, upon notice from any Licensor You must, to the extent
|
||||||
|
practicable, remove from the Adaptation any credit as required by
|
||||||
|
Section 4(d), as requested.
|
||||||
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||||||
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b – Subject to the exception in Section 4(c), you may not exercise any
|
||||||
|
of the rights granted to You in Section 3 above in any manner that is
|
||||||
|
primarily intended for or directed toward commercial advantage or
|
||||||
|
private monetary compensation. The exchange of the Work for other
|
||||||
|
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
|
||||||
|
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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||||||
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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
|
||||||
|
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.,
|
||||||
|
“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;
|
||||||
|
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
|
||||||
|
authors of the Adaptation or Collection appears, then as part of these
|
||||||
|
credits and in a manner at least as prominent as the credits for the
|
||||||
|
other contributing authors. For the avoidance of doubt, You may only
|
||||||
|
use the credit required by this Section for the purpose of attribution
|
||||||
|
in the manner set out above and, by exercising Your rights under this
|
||||||
|
License, You may not implicitly or explicitly assert or imply any
|
||||||
|
connection with, sponsorship or endorsement by the Original Author,
|
||||||
|
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
|
||||||
|
permission of the Original Author, Licensor and/or Attribution
|
||||||
|
Parties.
|
||||||
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f – For the avoidance of doubt:
|
||||||
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|
||||||
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i – Non-waivable Compulsory License Schemes. In those
|
||||||
|
jurisdictions in which the right to collect royalties through any
|
||||||
|
statutory or compulsory licensing scheme cannot be waived, the
|
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Licensor reserves the exclusive right to collect such royalties
|
||||||
|
for any exercise by You of the rights granted under this License;
|
||||||
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|
||||||
|
ii – Waivable Compulsory License Schemes. In those jurisdictions
|
||||||
|
in which the right to collect royalties through any statutory or
|
||||||
|
compulsory licensing scheme can be waived, the Licensor reserves
|
||||||
|
the exclusive right to collect such royalties for any exercise by
|
||||||
|
You of the rights granted under this License if Your exercise of
|
||||||
|
such rights is for a purpose or use which is otherwise than
|
||||||
|
noncommercial as permitted under Section 4(b) and otherwise
|
||||||
|
waives the right to collect royalties through any statutory or
|
||||||
|
compulsory licensing scheme; and,
|
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||||||
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iii – Voluntary License Schemes. The Licensor reserves the right
|
||||||
|
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
|
||||||
|
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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|
||||||
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g – Except as otherwise agreed in writing by the Licensor or as may be
|
||||||
|
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
|
||||||
|
Adaptations or Collections, You must not distort, mutilate, modify or
|
||||||
|
take other derogatory action in relation to the Work which would be
|
||||||
|
prejudicial to the Original Author’s honor or reputation. Licensor
|
||||||
|
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,
|
||||||
|
modification or other derogatory action prejudicial to the Original
|
||||||
|
Author’s honor and reputation, the Licensor will waive or not assert,
|
||||||
|
as appropriate, this Section, to the fullest extent permitted by the
|
||||||
|
applicable national law, to enable You to reasonably exercise Your
|
||||||
|
right under Section 3(b) of this License (right to make Adaptations)
|
||||||
|
but not otherwise. 5 – REPRESENTATIONS, WARRANTIES AND DISCLAIMER
|
||||||
|
|
||||||
|
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
|
||||||
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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
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||||||
|
DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
|
||||||
|
WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU. 6 – LIMITATION ON
|
||||||
|
LIABILITY
|
||||||
|
|
||||||
|
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL
|
||||||
|
LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
|
||||||
|
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT
|
||||||
|
OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN
|
||||||
|
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7 – TERMINATION
|
||||||
|
|
||||||
|
a – This License and the rights granted hereunder will terminate
|
||||||
|
automatically upon any breach by You of the terms of this
|
||||||
|
License. Individuals or entities who have received Adaptations or
|
||||||
|
Collections from You under this License, however, will not have their
|
||||||
|
licenses terminated provided such individuals or entities remain in
|
||||||
|
full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8
|
||||||
|
will survive any termination of this License.
|
||||||
|
|
||||||
|
b – Subject to the above terms and conditions, the license granted
|
||||||
|
here 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
|
||||||
|
|
||||||
|
a – Each time You Distribute or Publicly Perform the Work or a
|
||||||
|
Collection, the Licensor offers to the recipient a license to the Work
|
||||||
|
on the same terms and conditions as the license granted to You under
|
||||||
|
this License.
|
||||||
|
|
||||||
|
b – Each time You Distribute or Publicly Perform an Adaptation,
|
||||||
|
Licensor offers to the recipient a license to the original Work on the
|
||||||
|
same terms and conditions as the license granted to You under this
|
||||||
|
License.
|
||||||
|
|
||||||
|
c – If any provision of this License is invalid or unenforceable under
|
||||||
|
applicable law, it shall not affect the validity or enforceability of
|
||||||
|
the remainder of the terms of this License, and without further action
|
||||||
|
by the parties to this agreement, such provision shall be reformed to
|
||||||
|
the minimum extent necessary to make such provision valid and
|
||||||
|
enforceable.
|
||||||
|
|
||||||
|
d – 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.
|
||||||
|
|
||||||
|
e – 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.
|
||||||
|
|
||||||
|
f – The rights granted under, and the subject matter referenced, in
|
||||||
|
this License were drafted utilizing the terminology of the Berne
|
||||||
|
Convention for the Protection of Literary and Artistic Works (as
|
||||||
|
amended on September 28, 1979), the Rome Convention of 1961, the WIPO
|
||||||
|
Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty
|
||||||
|
of 1996 and the Universal Copyright Convention (as revised on July 24,
|
||||||
|
1971). These rights and subject matter take effect in 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.
|
||||||
|
|
||||||
|
|
||||||
|
|
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Reference in New Issue