diff options
Diffstat (limited to 'licenses')
| -rw-r--r-- | licenses/CC-BY-NC-ND-3.0 | 308 | ||||
| -rw-r--r-- | licenses/CCPL-Attribution-NonCommercial-NoDerivs-3.0 | 286 |
2 files changed, 308 insertions, 286 deletions
diff --git a/licenses/CC-BY-NC-ND-3.0 b/licenses/CC-BY-NC-ND-3.0 new file mode 100644 index 000000000..9b026dcba --- /dev/null +++ b/licenses/CC-BY-NC-ND-3.0 @@ -0,0 +1,308 @@ +Creative Commons Legal Code + +Attribution-NonCommercial-NoDerivs 3.0 Unported + + CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE + LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN + ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS + INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES + REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR + DAMAGES RESULTING FROM ITS USE. + +License + +THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE +COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY +COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS +AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED. + +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 + + a. "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. + b. "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. + c. "Distribute" means to make available to the public the original and + copies of the Work through sale or other transfer of ownership. + d. "Licensor" means the individual, individuals, entity or entities that + offer(s) the Work under the terms of this License. + e. "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. + f. "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. + g. "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. + h. "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. + i. "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: + + a. to Reproduce the Work, to incorporate the Work into one or more + Collections, and to Reproduce the Work as incorporated in the + Collections; and, + b. to Distribute and Publicly Perform the Work including as incorporated + in Collections. + +The above rights may be exercised in all media and formats whether now +known or hereafter devised. The above rights include the right to make +such modifications as are technically necessary to exercise the rights in +other media and formats, but otherwise you have no rights to make +Adaptations. Subject to 8(f), all rights not expressly granted by Licensor +are hereby reserved, including but not limited to the rights set forth in +Section 4(d). + +4. Restrictions. The license granted in Section 3 above is expressly made +subject to and limited by the following restrictions: + + a. You may Distribute or Publicly Perform the Work only under the terms + of this License. You must include a copy of, or the Uniform Resource + Identifier (URI) for, this License with every copy of the 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 that + recipient under the terms of the License. You may not sublicense 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 + 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(c), as requested. + b. 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 not be considered to be intended for or directed + toward commercial advantage or private monetary compensation, provided + there is no payment of any monetary compensation in connection with + the exchange of copyrighted works. + c. If You Distribute, or Publicly Perform the Work or Collections, You + must, unless a request has been made pursuant to Section 4(a), keep + intact all copyright notices for the Work and provide, reasonable to + the medium or means You are utilizing: (i) the name of the Original + Author (or pseudonym, if applicable) if supplied, and/or if the + Original Author and/or Licensor designate another party or parties + (e.g., a sponsor institute, publishing entity, journal) for + attribution ("Attribution Parties") in Licensor's copyright notice, + terms of service or by other reasonable means, the name of such party + or parties; (ii) the title of the Work if supplied; (iii) to the + extent reasonably practicable, the URI, if any, that Licensor + specifies to be associated with the Work, unless such URI does not + refer to the copyright notice or licensing information for the Work. + The credit required by this Section 4(c) may be implemented in any + reasonable manner; provided, however, that in the case of a + Collection, at a minimum such credit will appear, if a credit for all + contributing authors of 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 + use of the Work, without the separate, express prior written + permission of the Original Author, Licensor and/or Attribution + Parties. + d. For the avoidance of doubt: + + 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 Licensor + reserves the exclusive right to collect such royalties for any + exercise by You of the rights granted under this License; + 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, + iii. Voluntary License Schemes. The Licensor reserves the right to + collect royalties, whether individually or, in the event that the + Licensor is a member of a collecting society that administers + voluntary licensing schemes, via that society, from any exercise + by You of the rights granted under this License that is for a + purpose or use which is otherwise than noncommercial as permitted + under Section 4(b). + e. Except as otherwise agreed in writing by the Licensor or as may be + otherwise permitted by applicable law, if You Reproduce, Distribute or + Publicly Perform the Work either by itself or as part of any + 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. + +5. Representations, Warranties and Disclaimer + +UNLESS OTHERWISE MUTUALLY AGREED 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. + +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 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. 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. + c. 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. + d. 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. + e. 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. + + +Creative Commons Notice + + Creative Commons is not a party to this License, and makes no warranty + whatsoever in connection with the Work. Creative Commons will not be + liable to You or any party on any legal theory for any damages + whatsoever, including without limitation any general, special, + incidental or consequential damages arising in connection to this + license. Notwithstanding the foregoing two (2) sentences, if Creative + Commons has expressly identified itself as the Licensor hereunder, it + shall have all rights and obligations of Licensor. + + Except for the limited purpose of indicating to the public that the + Work is licensed under the CCPL, Creative Commons does not authorize + the use by either party of the trademark "Creative Commons" or any + related trademark or logo of Creative Commons without the prior + written consent of Creative Commons. Any permitted use will be in + compliance with Creative Commons' then-current trademark usage + guidelines, as may be published on its website or otherwise made + available upon request from time to time. For the avoidance of doubt, + this trademark restriction does not form part of this License. + + Creative Commons may be contacted at http://creativecommons.org/. diff --git a/licenses/CCPL-Attribution-NonCommercial-NoDerivs-3.0 b/licenses/CCPL-Attribution-NonCommercial-NoDerivs-3.0 deleted file mode 100644 index f06a29f3b..000000000 --- a/licenses/CCPL-Attribution-NonCommercial-NoDerivs-3.0 +++ /dev/null @@ -1,286 +0,0 @@ - Creative Commons - - Creative Commons Legal Code - - Attribution-NonCommercial-NoDerivs 3.0 Unported - - CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE - LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN - ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS - INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO - WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS - LIABILITY FOR DAMAGES RESULTING FROM ITS USE. - - License - - THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE - COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY - COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS - AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED. - - 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 - a. "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. - b. "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. - c. "Distribute" means to make available to the public the original - and copies of the Work through sale or other transfer of ownership. - d. "Licensor" means the individual, individuals, entity or entities - that offer(s) the Work under the terms of this License. - e. "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. - f. "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. - g. "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. - h. "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. - i. "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: - a. to Reproduce the Work, to incorporate the Work into one or more - Collections, and to Reproduce the Work as incorporated in the - Collections; and, - b. to Distribute and Publicly Perform the Work including as - incorporated in Collections. - - The above rights may be exercised in all media and formats whether now - known or hereafter devised. The above rights include the right to make - such modifications as are technically necessary to exercise the rights - in other media and formats, but otherwise you have no rights to make - Adaptations. Subject to 8(f), all rights not expressly granted by - Licensor are hereby reserved, including but not limited to the rights - set forth in Section 4(d). - - 4. Restrictions. The license granted in Section 3 above is expressly - made subject to and limited by the following restrictions: - a. You may Distribute or Publicly Perform the Work only under the terms - of this License. You must include a copy of, or the Uniform Resource - Identifier (URI) for, this License with every copy of the 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 that recipient under the terms of the License. You may not - sublicense 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 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(c), - as requested. - b. 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 not be considered to be intended for - or directed toward commercial advantage or private monetary - compensation, provided there is no payment of any monetary - compensation in connection with the exchange of copyrighted works. - c. If You Distribute, or Publicly Perform the Work or Collections, You - must, unless a request has been made pursuant to Section 4(a), keep - intact all copyright notices for the Work and provide, reasonable to - the medium or means You are utilizing: (i) the name of the Original - Author (or pseudonym, if applicable) if supplied, and/or if the - Original Author and/or Licensor designate another party or parties - (e.g., a sponsor institute, publishing entity, journal) for - attribution ("Attribution Parties") in Licensor's copyright notice, - terms of service or by other reasonable means, the name of such - party or parties; (ii) the title of the Work if supplied; (iii) to - the extent reasonably practicable, the URI, if any, that Licensor - specifies to be associated with the Work, unless such URI does not - refer to the copyright notice or licensing information for the Work. - The credit required by this Section 4(c) may be implemented in any - reasonable manner; provided, however, that in the case of a - Collection, at a minimum such credit will appear, if a credit for - all contributing authors of 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 use of the Work, without the separate, - express prior written permission of the Original Author, Licensor - and/or Attribution Parties. - d. For the avoidance of doubt: - 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 Licensor reserves the exclusive right to collect such - royalties for any exercise by You of the rights granted under - this License; - 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, - iii. Voluntary License Schemes. The Licensor reserves the right to - collect royalties, whether individually or, in the event that - the Licensor is a member of a collecting society that - administers voluntary licensing schemes, via that society, from - any exercise by You of the rights granted under this License - that is for a purpose or use which is otherwise than - noncommercial as permitted under Section 4(b). - e. Except as otherwise agreed in writing by the Licensor or as may be - otherwise permitted by applicable law, if You Reproduce, Distribute - or Publicly Perform the Work either by itself or as part of any - 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. - - 5. Representations, Warranties and Disclaimer - - UNLESS OTHERWISE MUTUALLY AGREED 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. - - 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 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. 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. - c. 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. - d. 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. - e. 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. |