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Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International Public License | |
By exercising the Licensed Rights (defined below), You accept and agree to be | |
bound by the terms and conditions of this Creative Commons | |
Attribution-NonCommercial-NoDerivatives 4.0 International Public License | |
("Public License"). To the extent this Public License may be interpreted as a | |
contract, You are granted the Licensed Rights in consideration of Your | |
acceptance of these terms and conditions, and the Licensor grants You such | |
rights in consideration of benefits the Licensor receives from making the | |
Licensed Material available under these terms and conditions. | |
Section 1 – Definitions. | |
a. Adapted Material means material subject to Copyright and Similar Rights | |
that is derived from or based upon the Licensed Material and in which | |
the Licensed Material is translated, altered, arranged, transformed, or | |
otherwise modified in a manner requiring permission under the Copyright | |
and Similar Rights held by the Licensor. For purposes of this Public | |
License, where the Licensed Material is a musical work, performance, or | |
sound recording, Adapted Material is always produced where the Licensed | |
Material is synched in timed relation with a moving image. | |
b. Copyright and Similar Rights means copyright and/or similar rights | |
closely related to copyright including, without limitation, | |
performance, broadcast, sound recording, and Sui Generis Database | |
Rights, without regard to how the rights are labeled or categorized. | |
For purposes of this Public License, the rights specified in Section | |
2(b)(1)-(2) are not Copyright and Similar Rights. | |
c. Effective Technological Measures means those measures that, in the | |
absence of proper authority, may not be circumvented under laws | |
fulfilling obligations under Article 11 of the WIPO Copyright Treaty | |
adopted on December 20, 1996, and/or similar international agreements. | |
d. Exceptions and Limitations means fair use, fair dealing, and/or any | |
other exception or limitation to Copyright and Similar Rights that | |
applies to Your use of the Licensed Material. | |
e. Licensed Material means the artistic or literary work, database, or | |
other material to which the Licensor applied this Public License. | |
f. Licensed Rights means the rights granted to You subject to the terms | |
and conditions of this Public License, which are limited to all | |
Copyright and Similar Rights that apply to Your use of the Licensed | |
Material and that the Licensor has authority to license. | |
g. Licensor means the individual(s) or entity(ies) granting rights under | |
this Public License. | |
h. NonCommercial means not primarily intended for or directed towards | |
commercial advantage or monetary compensation. For purposes of this | |
Public License, the exchange of the Licensed Material for other | |
material subject to Copyright and Similar Rights by digital | |
file-sharing or similar means is NonCommercial provided there is no | |
payment of monetary compensation in connection with the exchange. | |
i. Share means to provide material to the public by any means or process | |
that requires permission under the Licensed Rights, such as | |
reproduction, public display, public performance, distribution, | |
dissemination, communication, or importation, and to make material | |
available to the public including in ways that members of the public | |
may access the material from a place and at a time individually chosen | |
by them. | |
j. Sui Generis Database Rights means rights other than copyright resulting | |
from Directive 96/9/EC of the European Parliament and of the Council of | |
11 March 1996 on the legal protection of databases, as amended and/or | |
succeeded, as well as other essentially equivalent rights anywhere in | |
the world. | |
k. You means the individual or entity exercising the Licensed Rights under | |
this Public License. Your has a corresponding meaning. | |
Section 2 – Scope. | |
a. License grant. | |
1. Subject to the terms and conditions of this Public License, the | |
Licensor hereby grants You a worldwide, royalty-free, | |
non-sublicensable, non-exclusive, irrevocable license to exercise | |
the Licensed Rights in the Licensed Material to: | |
A. reproduce and Share the Licensed Material, in whole or in part, | |
for NonCommercial purposes only; and | |
B. produce and reproduce, but not Share, Adapted Material for | |
NonCommercial purposes only. | |
2. Exceptions and Limitations. For the avoidance of doubt, where | |
Exceptions and Limitations apply to Your use, this Public License | |
does not apply, and You do not need to comply with its terms and | |
conditions. | |
3. Term. The term of this Public License is specified in Section 6(a). | |
4. Media and formats; technical modifications allowed. The Licensor | |
authorizes You to exercise the Licensed Rights in all media and | |
formats whether now known or hereafter created, and to make | |
technical modifications necessary to do so. The Licensor waives | |
and/or agrees not to assert any right or authority to forbid You | |
from making technical modifications necessary to exercise the | |
Licensed Rights, including technical modifications necessary to | |
circumvent Effective Technological Measures. For purposes of this | |
Public License, simply making modifications authorized by this | |
Section 2(a)(4) never produces Adapted Material. | |
5. Downstream recipients. | |
A. Offer from the Licensor – Licensed Material. Every recipient of | |
the Licensed Material automatically receives an offer from the | |
Licensor to exercise the Licensed Rights under the terms and | |
conditions of this Public License. | |
B. No downstream restrictions. You may not offer or impose any | |
additional or different terms or conditions on, or apply any | |
Effective Technological Measures to, the Licensed Material if | |
doing so restricts exercise of the Licensed Rights by any | |
recipient of the Licensed Material. | |
6. No endorsement. Nothing in this Public License constitutes or may | |
be construed as permission to assert or imply that You are, or that | |
Your use of the Licensed Material is, connected with, or sponsored, | |
endorsed, or granted official status by, the Licensor or others | |
designated to receive attribution as provided in Section | |
3(a)(1)(A)(i). | |
b. Other rights. | |
1. Moral rights, such as the right of integrity, are not licensed | |
under this Public License, nor are publicity, privacy, and/or other | |
similar personality rights; however, to the extent possible, the | |
Licensor waives and/or agrees not to assert any such rights held by | |
the Licensor to the limited extent necessary to allow You to | |
exercise the Licensed Rights, but not otherwise. | |
2. Patent and trademark rights are not licensed under this Public | |
License. | |
3. To the extent possible, the Licensor waives any right to collect | |
royalties from You for the exercise of the Licensed Rights, whether | |
directly or through a collecting society under any voluntary or | |
waivable statutory or compulsory licensing scheme. In all other | |
cases the Licensor expressly reserves any right to collect such | |
royalties, including when the Licensed Material is used other than | |
for NonCommercial purposes. | |
Section 3 – License Conditions. | |
Your exercise of the Licensed Rights is expressly made subject to the following conditions. | |
a. Attribution. | |
1. If You Share the Licensed Material, You must: | |
A. retain the following if it is supplied by the Licensor with the | |
Licensed Material: | |
i. identification of the creator(s) of the Licensed Material | |
and any others designated to receive attribution, in any | |
reasonable manner requested by the Licensor (including by | |
pseudonym if designated); | |
ii. a copyright notice; | |
iii. a notice that refers to this Public License; | |
iv. a notice that refers to the disclaimer of warranties; | |
v. a URI or hyperlink to the Licensed Material to the extent | |
reasonably practicable; | |
B. indicate if You modified the Licensed Material and retain an | |
indication of any previous modifications; and | |
C. indicate the Licensed Material is licensed under this Public | |
License, and include the text of, or the URI or hyperlink to, | |
this Public License. | |
For the avoidance of doubt, You do not have permission under this | |
Public License to Share Adapted Material. | |
2. You may satisfy the conditions in Section 3(a)(1) in any reasonable | |
manner based on the medium, means, and context in which You Share | |
the Licensed Material. For example, it may be reasonable to satisfy | |
the conditions by providing a URI or hyperlink to a resource that | |
includes the required information. | |
3. If requested by the Licensor, You must remove any of the | |
information required by Section 3(a)(1)(A) to the extent reasonably | |
practicable. | |
Section 4 – Sui Generis Database Rights. | |
Where the Licensed Rights include Sui Generis Database Rights that apply to | |
Your use of the Licensed Material: | |
a. for the avoidance of doubt, Section 2(a)(1) grants You the right to | |
extract, reuse, reproduce, and Share all or a substantial portion of | |
the contents of the database for NonCommercial purposes only and | |
provided You do not Share Adapted Material; | |
b. if You include all or a substantial portion of the database contents in | |
a database in which You have Sui Generis Database Rights, then the | |
database in which You have Sui Generis Database Rights (but not its | |
individual contents) is Adapted Material; and | |
c. You must comply with the conditions in Section 3(a) if You Share all or | |
a substantial portion of the contents of the database. | |
For the avoidance of doubt, this Section 4 supplements and does not replace | |
Your obligations under this Public License where the Licensed Rights include | |
other Copyright and Similar Rights. | |
Section 5 – Disclaimer of Warranties and Limitation of Liability. | |
a. Unless otherwise separately undertaken by the Licensor, to the extent | |
possible, the Licensor offers the Licensed Material as-is and | |
as-available, and makes no representations or warranties of any kind | |
concerning the Licensed Material, whether express, implied, statutory, | |
or other. This includes, without limitation, warranties of title, | |
merchantability, fitness for a particular purpose, non-infringement, | |
absence of latent or other defects, accuracy, or the presence or | |
absence of errors, whether or not known or discoverable. Where | |
disclaimers of warranties are not allowed in full or in part, this | |
disclaimer may not apply to You. | |
b. To the extent possible, in no event will the Licensor be liable to You | |
on any legal theory (including, without limitation, negligence) or | |
otherwise for any direct, special, indirect, incidental, consequential, | |
punitive, exemplary, or other losses, costs, expenses, or damages | |
arising out of this Public License or use of the Licensed Material, | |
even if the Licensor has been advised of the possibility of such | |
losses, costs, expenses, or damages. Where a limitation of liability is | |
not allowed in full or in part, this limitation may not apply to You. | |
c. The disclaimer of warranties and limitation of liability provided above | |
shall be interpreted in a manner that, to the extent possible, most | |
closely approximates an absolute disclaimer and waiver of all | |
liability. | |
Section 6 – Term and Termination. | |
a. This Public License applies for the term of the Copyright and Similar | |
Rights licensed here. However, if You fail to comply with this Public | |
License, then Your rights under this Public License terminate | |
automatically. | |
b. Where Your right to use the Licensed Material has terminated under | |
Section 6(a), it reinstates: | |
1. automatically as of the date the violation is cured, provided it is | |
cured within 30 days of Your discovery of the violation; or | |
2. upon express reinstatement by the Licensor. | |
For the avoidance of doubt, this Section 6(b) does not affect any right | |
the Licensor may have to seek remedies for Your violations of this | |
Public License. | |
c. For the avoidance of doubt, the Licensor may also offer the Licensed | |
Material under separate terms or conditions or stop distributing the | |
Licensed Material at any time; however, doing so will not terminate | |
this Public License. | |
d. Sections 1, 5, 6, 7, and 8 survive termination of this Public License. | |
Section 7 – Other Terms and Conditions. | |
a. The Licensor shall not be bound by any additional or different terms or | |
conditions communicated by You unless expressly agreed. | |
b. Any arrangements, understandings, or agreements regarding the Licensed | |
Material not stated herein are separate from and independent of the | |
terms and conditions of this Public License. | |
Section 8 – Interpretation. | |
a. For the avoidance of doubt, this Public License does not, and shall not | |
be interpreted to, reduce, limit, restrict, or impose conditions on any | |
use of the Licensed Material that could lawfully be made without | |
permission under this Public License. | |
b. To the extent possible, if any provision of this Public License is | |
deemed unenforceable, it shall be automatically reformed to the minimum | |
extent necessary to make it enforceable. If the provision cannot be | |
reformed, it shall be severed from this Public License without | |
affecting the enforceability of the remaining terms and conditions. | |
c. No term or condition of this Public License will be waived and no | |
failure to comply consented to unless expressly agreed to by the Licensor. | |
d. Nothing in this Public License constitutes or may be interpreted as a | |
limitation upon, or waiver of, any privileges and immunities that apply | |
to the Licensor or You, including from the legal processes of any | |
jurisdiction or authority. |