license.txt

   1 Creative Commons
   2
   3   Attribution-NonCommercial 2.0
   4
   5 License
   6
   7 THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS
   8 CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS
   9 PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE
  10 WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS
  11 PROHIBITED.
  12
  13 BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND
  14 AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS
  15 YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF
  16 SUCH TERMS AND CONDITIONS.
  17
  18
  19 1. Definitions
  20
  21    a. "Collective Work" means a work, such as a periodical issue,
  22    anthology or encyclopedia, in which the Work in its entirety in
  23    unmodified form, along with a number of other contributions,
  24    constituting separate and independent works in themselves, are
  25    assembled into a collective whole. A work that constitutes a
  26    Collective Work will not be considered a Derivative Work (as
  27    defined below) for the purposes of this License.
  28
  29    b. "Derivative Work" means a work based upon the Work or upon the
  30    Work and other pre-existing works, such as a translation, musical
  31    arrangement, dramatization, fictionalization, motion picture
  32    version, sound recording, art reproduction, abridgment,
  33    condensation, or any other form in which the Work may be recast,
  34    transformed, or adapted, except that a work that constitutes a
  35    Collective Work will not be considered a Derivative Work for the
  36    purpose of this License. For the avoidance of doubt, where the Work
  37    is a musical composition or sound recording, the synchronization of
  38    the Work in timed-relation with a moving image ("synching") will be
  39    considered a Derivative Work for the purpose of this License.
  40
  41    c. "Licensor" means the individual or entity that offers the Work
  42    under the terms of this License.
  43
  44    d. "Original Author" means the individual or entity who created the
  45    Work.
  46
  47    e. "Work" means the copyrightable work of authorship offered under
  48    the terms of this License.
  49
  50    f. "You" means an individual or entity exercising rights under this
  51    License who has not previously violated the terms of this License
  52    with respect to the Work, or who has received express permission
  53    from the Licensor to exercise rights under this License despite a
  54    previous violation.
  55
  56
  57 2. Fair Use Rights. Nothing in this license is intended to reduce,
  58 limit, or restrict any rights arising from fair use, first sale or
  59 other limitations on the exclusive rights of the copyright owner under
  60 copyright law or other applicable laws.
  61
  62
  63 3. License Grant. Subject to the terms and conditions of this License,
  64 Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
  65 perpetual (for the duration of the applicable copyright) license to
  66 exercise the rights in the Work as stated below:
  67
  68    a. to reproduce the Work, to incorporate the Work into one or more
  69    Collective Works, and to reproduce the Work as incorporated in the
  70    Collective Works;
  71
  72    b. to create and reproduce Derivative Works;
  73
  74    c. to distribute copies or phonorecords of, display publicly,
  75    perform publicly, and perform publicly by means of a digital audio
  76    transmission the Work including as incorporated in Collective
  77    Works;
  78
  79    d. to distribute copies or phonorecords of, display publicly,
  80    perform publicly, and perform publicly by means of a digital audio
  81    transmission Derivative Works;
  82
  83 The above rights may be exercised in all media and formats whether now
  84 known or hereafter devised. The above rights include the right to make
  85 such modifications as are technically necessary to exercise the rights
  86 in other media and formats. All rights not expressly granted by
  87 Licensor are hereby reserved, including but not limited to the rights
  88 set forth in Sections 4(d) and 4(e).
  89
  90
  91 4. Restrictions.The license granted in Section 3 above is expressly
  92 made subject to and limited by the following restrictions:
  93
  94    a. You may distribute, publicly display, publicly perform, or
  95    publicly digitally perform the Work only under the terms of this
  96    License, and You must include a copy of, or the Uniform Resource
  97    Identifier for, this License with every copy or phonorecord of the
  98    Work You distribute, publicly display, publicly perform, or
  99    publicly digitally perform. You may not offer or impose any terms
 100    on the Work that alter or restrict the terms of this License or the
 101    recipients' exercise of the rights granted hereunder. You may not
 102    sublicense the Work. You must keep intact all notices that refer to
 103    this License and to the disclaimer of warranties. You may not
 104    distribute, publicly display, publicly perform, or publicly
 105    digitally perform the Work with any technological measures that
 106    control access or use of the Work in a manner inconsistent with the
 107    terms of this License Agreement. The above applies to the Work as
 108    incorporated in a Collective Work, but this does not require the
 109    Collective Work apart from the Work itself to be made subject to
 110    the terms of this License. If You create a Collective Work, upon
 111    notice from any Licensor You must, to the extent practicable,
 112    remove from the Collective Work any reference to such Licensor or
 113    the Original Author, as requested. If You create a Derivative Work,
 114    upon notice from any Licensor You must, to the extent practicable,
 115    remove from the Derivative Work any reference to such Licensor or
 116    the Original Author, as requested.
 117
 118    b. You may not exercise any of the rights granted to You in Section
 119    3 above in any manner that is primarily intended for or directed
 120    toward commercial advantage or private monetary compensation. The
 121    exchange of the Work for other copyrighted works by means of
 122    digital file-sharing or otherwise shall not be considered to be
 123    intended for or directed toward commercial advantage or private
 124    monetary compensation, provided there is no payment of any monetary
 125    compensation in connection with the exchange of copyrighted works.
 126
 127    c. If you distribute, publicly display, publicly perform, or
 128    publicly digitally perform the Work or any Derivative Works or
 129    Collective Works, You must keep intact all copyright notices for
 130    the Work and give the Original Author credit reasonable to the
 131    medium or means You are utilizing by conveying the name (or
 132    pseudonym if applicable) of the Original Author if supplied; the
 133    title of the Work if supplied; to the extent reasonably
 134    practicable, the Uniform Resource Identifier, if any, that Licensor
 135    specifies to be associated with the Work, unless such URI does not
 136    refer to the copyright notice or licensing information for the
 137    Work; and in the case of a Derivative Work, a credit identifying
 138    the use of the Work in the Derivative Work (e.g., "French
 139    translation of the Work by Original Author," or "Screenplay based
 140    on original Work by Original Author"). Such credit may be
 141    implemented in any reasonable manner; provided, however, that in
 142    the case of a Derivative Work or Collective Work, at a minimum such
 143    credit will appear where any other comparable authorship credit
 144    appears and in a manner at least as prominent as such other
 145    comparable authorship credit.
 146
 147    d. For the avoidance of doubt, where the Work is a musical composition:
 148
 149          i. Performance Royalties Under Blanket Licenses. Licensor
 150          reserves the exclusive right to collect, whether individually
 151          or via a performance rights society (e.g. ASCAP, BMI, SESAC),
 152          royalties for the public performance or public digital
 153          performance (e.g. webcast) of the Work if that performance is
 154          primarily intended for or directed toward commercial
 155          advantage or private monetary compensation.
 156
 157          ii. Mechanical Rights and Statutory Royalties. Licensor
 158          reserves the exclusive right to collect, whether individually
 159          or via a music rights agency or designated agent (e.g. Harry
 160          Fox Agency), royalties for any phonorecord You create from
 161          the Work ("cover version") and distribute, subject to the
 162          compulsory license created by 17 USC Section 115 of the US
 163          Copyright Act (or the equivalent in other jurisdictions), if
 164          Your distribution of such cover version is primarily intended
 165          for or directed toward commercial advantage or private
 166          monetary compensation.
 167
 168    e. Webcasting Rights and Statutory Royalties. For the avoidance of
 169    doubt, where the Work is a sound recording, Licensor reserves the
 170    exclusive right to collect, whether individually or via a
 171    performance-rights society (e.g. SoundExchange), royalties for the
 172    public digital performance (e.g. webcast) of the Work, subject to
 173    the compulsory license created by 17 USC Section 114 of the US
 174    Copyright Act (or the equivalent in other jurisdictions), if Your
 175    public digital performance is primarily intended for or directed
 176    toward commercial advantage or private monetary compensation.
 177
 178
 179 5. Representations, Warranties and Disclaimer
 180
 181 UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING,
 182 LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR
 183 WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED,
 184 STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
 185 TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE,
 186 NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY,
 187 OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT
 188 DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
 189 WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
 190
 191
 192 6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY
 193 APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY
 194 LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
 195 EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK,
 196 EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 197
 198
 199 7. Termination
 200
 201    a. This License and the rights granted hereunder will terminate
 202    automatically upon any breach by You of the terms of this
 203    License. Individuals or entities who have received Derivative Works
 204    or Collective Works from You under this License, however, will not
 205    have their licenses terminated provided such individuals or
 206    entities remain in full compliance with those licenses. Sections 1,
 207    2, 5, 6, 7, and 8 will survive any termination of this License.
 208
 209    b. Subject to the above terms and conditions, the license granted
 210    here is perpetual (for the duration of the applicable copyright in
 211    the Work). Notwithstanding the above, Licensor reserves the right to
 212    release the Work under different license terms or to stop
 213    distributing the Work at any time; provided, however that any such
 214    election will not serve to withdraw this License (or any other
 215    license that has been, or is required to be, granted under the terms
 216    of this License), and this License will continue in full force and
 217    effect unless terminated as stated above.
 218
 219
 220 8. Miscellaneous
 221
 222    a. Each time You distribute or publicly digitally perform the Work
 223    or a Collective Work, the Licensor offers to the recipient a
 224    license to the Work on the same terms and conditions as the license
 225    granted to You under this License.
 226
 227    b. Each time You distribute or publicly digitally perform a
 228    Derivative Work, Licensor offers to the recipient a license to the
 229    original Work on the same terms and conditions as the license
 230    granted to You under this License.
 231
 232    c. If any provision of this License is invalid or unenforceable
 233    under applicable law, it shall not affect the validity or
 234    enforceability of the remainder of the terms of this License, and
 235    without further action by the parties to this agreement, such
 236    provision shall be reformed to the minimum extent necessary to make
 237    such provision valid and enforceable.
 238
 239    d. No term or provision of this License shall be deemed waived and
 240    no breach consented to unless such waiver or consent shall be in
 241    writing and signed by the party to be charged with such waiver or
 242    consent.
 243
 244    e. This License constitutes the entire agreement between the
 245    parties with respect to the Work licensed here. There are no
 246    understandings, agreements or representations with respect to the
 247    Work not specified here. Licensor shall not be bound by any
 248    additional provisions that may appear in any communication from
 249    You. This License may not be modified without the mutual written
 250    agreement of the Licensor and You.