|
| 1 | +Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International Public License |
| 2 | + |
| 3 | +By exercising the Licensed Rights (defined below), You accept and agree |
| 4 | +to be bound by the terms and conditions of this Creative Commons |
| 5 | +Attribution-NonCommercial-NoDerivatives 4.0 International Public License |
| 6 | +("Public License"). To the extent this Public License may be interpreted |
| 7 | +as a contract, You are granted the Licensed Rights in consideration of |
| 8 | +Your acceptance of these terms and conditions, and the Licensor grants |
| 9 | +You such rights in consideration of benefits the Licensor receives from |
| 10 | +making the Licensed Material available under these terms and conditions. |
| 11 | + |
| 12 | +SECTION 1 – DEFINITIONS. |
| 13 | + |
| 14 | +a. ADAPTED MATERIAL means material subject to Copyright and Similar |
| 15 | + Rights that is derived from or based upon the Licensed Material and |
| 16 | + in which the Licensed Material is translated, altered, arranged, |
| 17 | + transformed, or otherwise modified in a manner requiring permission |
| 18 | + under the Copyright and Similar Rights held by the Licensor. For |
| 19 | + purposes of this Public License, where the Licensed Material is a |
| 20 | + musical work, performance, or sound recording, Adapted Material is |
| 21 | + always produced where the Licensed Material is synched in timed |
| 22 | + relation with a moving image. |
| 23 | +b. COPYRIGHT AND SIMILAR RIGHTS means copyright and/or similar rights |
| 24 | + closely related to copyright including, without limitation, |
| 25 | + performance, broadcast, sound recording, and Sui Generis Database |
| 26 | + Rights, without regard to how the rights are labeled or categorized. |
| 27 | + For purposes of this Public License, the rights specified in Section |
| 28 | + 2(b)(1)-(2) are not Copyright and Similar Rights. |
| 29 | +c. EFFECTIVE TECHNOLOGICAL MEASURES means those measures that, in the |
| 30 | + absence of proper authority, may not be circumvented under laws |
| 31 | + fulfilling obligations under Article 11 of the WIPO Copyright Treaty |
| 32 | + adopted on December 20, 1996, and/or similar international |
| 33 | + agreements. |
| 34 | +d. EXCEPTIONS AND LIMITATIONS means fair use, fair dealing, and/or any |
| 35 | + other exception or limitation to Copyright and Similar Rights that |
| 36 | + applies to Your use of the Licensed Material. |
| 37 | +e. LICENSED MATERIAL means the artistic or literary work, database, or |
| 38 | + other material to which the Licensor applied this Public License. |
| 39 | +f. LICENSED RIGHTS means the rights granted to You subject to the terms |
| 40 | + and conditions of this Public License, which are limited to all |
| 41 | + Copyright and Similar Rights that apply to Your use of the Licensed |
| 42 | + Material and that the Licensor has authority to license. |
| 43 | +g. LICENSOR means the individual(s) or entity(ies) granting rights |
| 44 | + under this Public License. |
| 45 | +h. NONCOMMERCIAL means not primarily intended for or directed towards |
| 46 | + commercial advantage or monetary compensation. For purposes of this |
| 47 | + Public License, the exchange of the Licensed Material for other |
| 48 | + material subject to Copyright and Similar Rights by digital |
| 49 | + file-sharing or similar means is NonCommercial provided there is no |
| 50 | + payment of monetary compensation in connection with the exchange. |
| 51 | +i. SHARE means to provide material to the public by any means or |
| 52 | + process that requires permission under the Licensed Rights, such as |
| 53 | + reproduction, public display, public performance, distribution, |
| 54 | + dissemination, communication, or importation, and to make material |
| 55 | + available to the public including in ways that members of the public |
| 56 | + may access the material from a place and at a time individually |
| 57 | + chosen by them. |
| 58 | +j. SUI GENERIS DATABASE RIGHTS means rights other than copyright |
| 59 | + resulting from Directive 96/9/EC of the European Parliament and of |
| 60 | + the Council of 11 March 1996 on the legal protection of databases, |
| 61 | + as amended and/or succeeded, as well as other essentially equivalent |
| 62 | + rights anywhere in the world. |
| 63 | +k. YOU means the individual or entity exercising the Licensed Rights |
| 64 | + under this Public License. YOUR has a corresponding meaning. |
| 65 | + |
| 66 | +SECTION 2 – SCOPE. |
| 67 | + |
| 68 | +a. LICENSE GRANT. |
| 69 | + 1. Subject to the terms and conditions of this Public License, the |
| 70 | + Licensor hereby grants You a worldwide, royalty-free, |
| 71 | + non-sublicensable, non-exclusive, irrevocable license to |
| 72 | + exercise the Licensed Rights in the Licensed Material to: |
| 73 | + A. reproduce and Share the Licensed Material, in whole or in |
| 74 | + part, for NonCommercial purposes only; and |
| 75 | + B. produce and reproduce, but not Share, Adapted Material for |
| 76 | + NonCommercial purposes only. |
| 77 | + 2. Exceptions and Limitations. For the avoidance of doubt, where |
| 78 | + Exceptions and Limitations apply to Your use, this Public |
| 79 | + License does not apply, and You do not need to comply with its |
| 80 | + terms and conditions. |
| 81 | + 3. Term. The term of this Public License is specified in Section |
| 82 | + 6(a). |
| 83 | + 4. Media and formats; technical modifications allowed. The Licensor |
| 84 | + authorizes You to exercise the Licensed Rights in all media and |
| 85 | + formats whether now known or hereafter created, and to make |
| 86 | + technical modifications necessary to do so. The Licensor waives |
| 87 | + and/or agrees not to assert any right or authority to forbid You |
| 88 | + from making technical modifications necessary to exercise the |
| 89 | + Licensed Rights, including technical modifications necessary to |
| 90 | + circumvent Effective Technological Measures. For purposes of |
| 91 | + this Public License, simply making modifications authorized by |
| 92 | + this Section 2(a)(4) never produces Adapted Material. |
| 93 | + 5. Downstream recipients. |
| 94 | + A. Offer from the Licensor – Licensed Material. Every recipient |
| 95 | + of the Licensed Material automatically receives an offer |
| 96 | + from the Licensor to exercise the Licensed Rights under the |
| 97 | + terms and conditions of this Public License. |
| 98 | + B. No downstream restrictions. You may not offer or impose any |
| 99 | + additional or different terms or conditions on, or apply any |
| 100 | + Effective Technological Measures to, the Licensed Material |
| 101 | + if doing so restricts exercise of the Licensed Rights by any |
| 102 | + recipient of the Licensed Material. |
| 103 | + |
| 104 | + 6. No endorsement. Nothing in this Public License constitutes or |
| 105 | + may be construed as permission to assert or imply that You are, |
| 106 | + or that Your use of the Licensed Material is, connected with, or |
| 107 | + sponsored, endorsed, or granted official status by, the Licensor |
| 108 | + or others designated to receive attribution as provided in |
| 109 | + Section 3(a)(1)(A)(i). |
| 110 | +b. OTHER RIGHTS. |
| 111 | + |
| 112 | + 1. Moral rights, such as the right of integrity, are not licensed |
| 113 | + under this Public License, nor are publicity, privacy, and/or |
| 114 | + other similar personality rights; however, to the extent |
| 115 | + possible, the Licensor waives and/or agrees not to assert any |
| 116 | + such rights held by the Licensor to the limited extent necessary |
| 117 | + to allow You to exercise the Licensed Rights, but not otherwise. |
| 118 | + 2. Patent and trademark rights are not licensed under this Public |
| 119 | + License. |
| 120 | + 3. To the extent possible, the Licensor waives any right to collect |
| 121 | + royalties from You for the exercise of the Licensed Rights, |
| 122 | + whether directly or through a collecting society under any |
| 123 | + voluntary or waivable statutory or compulsory licensing scheme. |
| 124 | + In all other cases the Licensor expressly reserves any right to |
| 125 | + collect such royalties, including when the Licensed Material is |
| 126 | + used other than for NonCommercial purposes. |
| 127 | + |
| 128 | +SECTION 3 – LICENSE CONDITIONS. |
| 129 | + |
| 130 | +Your exercise of the Licensed Rights is expressly made subject to the |
| 131 | +following conditions. |
| 132 | + |
| 133 | +a. ATTRIBUTION. |
| 134 | + |
| 135 | + 1. If You Share the Licensed Material, You must: |
| 136 | + |
| 137 | + A. retain the following if it is supplied by the Licensor with |
| 138 | + the Licensed Material: |
| 139 | + i. identification of the creator(s) of the Licensed |
| 140 | + Material and any others designated to receive |
| 141 | + attribution, in any reasonable manner requested by the |
| 142 | + Licensor (including by pseudonym if designated); |
| 143 | + ii. a copyright notice; |
| 144 | + iii. a notice that refers to this Public License; |
| 145 | + iv. a notice that refers to the disclaimer of warranties; |
| 146 | + v. a URI or hyperlink to the Licensed Material to the |
| 147 | + extent reasonably practicable; |
| 148 | + B. indicate if You modified the Licensed Material and retain an |
| 149 | + indication of any previous modifications; and |
| 150 | + C. indicate the Licensed Material is licensed under this Public |
| 151 | + License, and include the text of, or the URI or hyperlink |
| 152 | + to, this Public License. |
| 153 | + |
| 154 | + For the avoidance of doubt, You do not have permission under |
| 155 | + this Public License to Share Adapted Material. |
| 156 | + |
| 157 | + 2. You may satisfy the conditions in Section 3(a)(1) in any |
| 158 | + reasonable manner based on the medium, means, and context in |
| 159 | + which You Share the Licensed Material. For example, it may be |
| 160 | + reasonable to satisfy the conditions by providing a URI or |
| 161 | + hyperlink to a resource that includes the required information. |
| 162 | + 3. If requested by the Licensor, You must remove any of the |
| 163 | + information required by Section 3(a)(1)(A) to the extent |
| 164 | + reasonably practicable. |
| 165 | + |
| 166 | +SECTION 4 – SUI GENERIS DATABASE RIGHTS. |
| 167 | + |
| 168 | +Where the Licensed Rights include Sui Generis Database Rights that apply |
| 169 | +to Your use of the Licensed Material: |
| 170 | + |
| 171 | +a. for the avoidance of doubt, Section 2(a)(1) grants You the right to |
| 172 | + extract, reuse, reproduce, and Share all or a substantial portion of |
| 173 | + the contents of the database for NonCommercial purposes only and |
| 174 | + provided You do not Share Adapted Material; |
| 175 | +b. if You include all or a substantial portion of the database contents |
| 176 | + in a database in which You have Sui Generis Database Rights, then |
| 177 | + the database in which You have Sui Generis Database Rights (but not |
| 178 | + its individual contents) is Adapted Material; and |
| 179 | +c. You must comply with the conditions in Section 3(a) if You Share all |
| 180 | + or a substantial portion of the contents of the database. |
| 181 | + |
| 182 | +For the avoidance of doubt, this Section 4 supplements and does not |
| 183 | +replace Your obligations under this Public License where the Licensed |
| 184 | +Rights include other Copyright and Similar Rights. |
| 185 | + |
| 186 | +SECTION 5 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. |
| 187 | + |
| 188 | +a. UNLESS OTHERWISE SEPARATELY UNDERTAKEN BY THE LICENSOR, TO THE |
| 189 | + EXTENT POSSIBLE, THE LICENSOR OFFERS THE LICENSED MATERIAL AS-IS AND |
| 190 | + AS-AVAILABLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND |
| 191 | + CONCERNING THE LICENSED MATERIAL, WHETHER EXPRESS, IMPLIED, |
| 192 | + STATUTORY, OR OTHER. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES |
| 193 | + OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, |
| 194 | + NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR |
| 195 | + THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT KNOWN OR |
| 196 | + DISCOVERABLE. WHERE DISCLAIMERS OF WARRANTIES ARE NOT ALLOWED IN |
| 197 | + FULL OR IN PART, THIS DISCLAIMER MAY NOT APPLY TO YOU. |
| 198 | +b. TO THE EXTENT POSSIBLE, IN NO EVENT WILL THE LICENSOR BE LIABLE TO |
| 199 | + YOU ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) |
| 200 | + OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, |
| 201 | + CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER LOSSES, COSTS, |
| 202 | + EXPENSES, OR DAMAGES ARISING OUT OF THIS PUBLIC LICENSE OR USE OF |
| 203 | + THE LICENSED MATERIAL, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE |
| 204 | + POSSIBILITY OF SUCH LOSSES, COSTS, EXPENSES, OR DAMAGES. WHERE A |
| 205 | + LIMITATION OF LIABILITY IS NOT ALLOWED IN FULL OR IN PART, THIS |
| 206 | + LIMITATION MAY NOT APPLY TO YOU. |
| 207 | + |
| 208 | +c. The disclaimer of warranties and limitation of liability provided |
| 209 | + above shall be interpreted in a manner that, to the extent possible, |
| 210 | + most closely approximates an absolute disclaimer and waiver of all |
| 211 | + liability. |
| 212 | + |
| 213 | +SECTION 6 – TERM AND TERMINATION. |
| 214 | + |
| 215 | +a. This Public License applies for the term of the Copyright and |
| 216 | + Similar Rights licensed here. However, if You fail to comply with |
| 217 | + this Public License, then Your rights under this Public License |
| 218 | + terminate automatically. |
| 219 | +b. Where Your right to use the Licensed Material has terminated under |
| 220 | + Section 6(a), it reinstates: |
| 221 | + |
| 222 | + 1. automatically as of the date the violation is cured, provided it |
| 223 | + is cured within 30 days of Your discovery of the violation; or |
| 224 | + 2. upon express reinstatement by the Licensor. |
| 225 | + |
| 226 | + For the avoidance of doubt, this Section 6(b) does not affect any |
| 227 | + right the Licensor may have to seek remedies for Your violations of |
| 228 | + this Public License. |
| 229 | + |
| 230 | +c. For the avoidance of doubt, the Licensor may also offer the Licensed |
| 231 | + Material under separate terms or conditions or stop distributing the |
| 232 | + Licensed Material at any time; however, doing so will not terminate |
| 233 | + this Public License. |
| 234 | +d. Sections 1, 5, 6, 7, and 8 survive termination of this Public |
| 235 | + License. |
| 236 | + |
| 237 | +SECTION 7 – OTHER TERMS AND CONDITIONS. |
| 238 | + |
| 239 | +a. The Licensor shall not be bound by any additional or different terms |
| 240 | + or conditions communicated by You unless expressly agreed. |
| 241 | +b. Any arrangements, understandings, or agreements regarding the |
| 242 | + Licensed Material not stated herein are separate from and |
| 243 | + independent of the terms and conditions of this Public License. |
| 244 | + |
| 245 | +SECTION 8 – INTERPRETATION. |
| 246 | + |
| 247 | +a. For the avoidance of doubt, this Public License does not, and shall |
| 248 | + not be interpreted to, reduce, limit, restrict, or impose conditions |
| 249 | + on any use of the Licensed Material that could lawfully be made |
| 250 | + without permission under this Public License. |
| 251 | +b. To the extent possible, if any provision of this Public License is |
| 252 | + deemed unenforceable, it shall be automatically reformed to the |
| 253 | + minimum extent necessary to make it enforceable. If the provision |
| 254 | + cannot be reformed, it shall be severed from this Public License |
| 255 | + without affecting the enforceability of the remaining terms and |
| 256 | + conditions. |
| 257 | +c. No term or condition of this Public License will be waived and no |
| 258 | + failure to comply consented to unless expressly agreed to by the |
| 259 | + Licensor. |
| 260 | +d. Nothing in this Public License constitutes or may be interpreted as |
| 261 | + a limitation upon, or waiver of, any privileges and immunities that |
| 262 | + apply to the Licensor or You, including from the legal processes of |
| 263 | + any jurisdiction or authority. |
0 commit comments