221 lines
13 KiB
Plaintext
221 lines
13 KiB
Plaintext
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Creative Commons
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Attribution-NonCommercial 2.5
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
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SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT
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RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-
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IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION
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PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
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License
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
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COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS
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PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER
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THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE
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BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS
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CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND
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CONDITIONS.
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1. Definitions
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"Collective Work" means a work, such as a periodical issue, anthology
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or encyclopedia, in which the Work in its entirety in unmodified form, along
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with a number of other contributions, constituting separate and independent
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works in themselves, are assembled into a collective whole. A work that
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constitutes a Collective Work will not be considered a Derivative Work (as
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defined below) for the purposes of this License.
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"Derivative Work" means a work based upon the Work or upon the Work
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and other pre-existing works, such as a translation, musical arrangement,
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dramatization, fictionalization, motion picture version, sound recording, art
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reproduction, abridgment, condensation, or any other form in which the Work may
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be recast, transformed, or adapted, except that a work that constitutes a
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Collective Work will not be considered a Derivative Work 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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composition or sound recording, the synchronization of the Work in timed-
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relation with a moving image ("synching") will be considered a
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Derivative Work for the purpose of this License.
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"Licensor" means the individual or entity that offers the Work under
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the terms of this License.
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"Original Author" means the individual or entity who created the
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Work.
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"Work" means the copyrightable work of authorship offered under the
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terms of this License.
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"You" means an individual or entity exercising rights under this
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License who has not previously violated the terms of this License with respect
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to the Work, or who has received express permission from the Licensor to
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exercise rights under this License despite a previous violation.
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2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or
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restrict any rights arising from fair use, first sale or other limitations on
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the exclusive rights of the copyright owner under copyright law or other
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applicable laws.
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3. License Grant. Subject to the terms and conditions of this License, Licensor
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hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the
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duration of the applicable copyright) license to exercise the rights in the
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Work as stated below:
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to reproduce the Work, to incorporate the Work into one or more Collective
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Works, and to reproduce the Work as incorporated in the Collective Works;
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to create and reproduce Derivative Works;
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to distribute copies or phonorecords of, display publicly, perform publicly,
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and perform publicly by means of a digital audio transmission the Work
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including as incorporated in Collective Works;
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to distribute copies or phonorecords of, display publicly, perform publicly,
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and perform publicly by means of a digital audio transmission Derivative Works;
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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
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modifications as are technically necessary to exercise the rights in other
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media and formats. All rights not expressly granted by Licensor are hereby
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reserved, including but not limited to the rights set forth in Sections 4(d)
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and 4(e).
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4. Restrictions.The license granted in Section 3 above is expressly made
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subject to and limited by the following restrictions:
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You may distribute, publicly display, publicly perform, or publicly digitally
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perform the Work only under the terms of this License, and You must include a
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copy of, or the Uniform Resource Identifier for, this License with every copy
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or phonorecord of the Work You distribute, publicly display, publicly perform,
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or publicly digitally perform. You may not offer or impose any terms on the
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Work that alter or restrict the terms of this License or the recipients'
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exercise of the rights granted hereunder. You may not sublicense the Work. You
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must keep intact all notices that refer to this License and to the disclaimer
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of warranties. You may not distribute, publicly display, publicly perform, or
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publicly digitally perform the Work with any technological measures that
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control access or use of the Work in a manner inconsistent with the terms of
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this License Agreement. The above applies to the Work as incorporated in a
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Collective Work, but this does not require the Collective Work apart from the
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Work itself to be made subject to the terms of this License. If You create a
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Collective Work, upon notice from any Licensor You must, to the extent
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practicable, remove from the Collective Work any credit as required by clause 4
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(c), as requested. If You create a Derivative Work, upon notice from any
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Licensor You must, to the extent practicable, remove from the Derivative Work
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any credit as required by clause 4(c), as requested.
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You may not exercise any of the rights granted to You in Section 3 above in any
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manner that is primarily intended for or directed toward commercial advantage
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or private monetary compensation. The exchange of the Work for other
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copyrighted works by means of digital file-sharing or otherwise shall not be
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considered to be intended for or directed toward commercial advantage or
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private monetary compensation, provided there is no payment of any monetary
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compensation in connection with the exchange of copyrighted works.
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If you distribute, publicly display, publicly perform, or publicly digitally
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perform the Work or any Derivative Works or Collective Works, You must keep
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intact all copyright notices for the Work and provide, reasonable to the medium
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or means You are utilizing: (i) the name of Original Author (or pseudonym, if
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applicable) if supplied, and/or (ii) if the Original Author and/or Licensor
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designate another party or parties (e.g. a sponsor institute, publishing
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entity, journal) for attribution in Licensor's copyright notice, terms of
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service or by other reasonable means, the name of such party or parties; the
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title of the Work if supplied; to the extent reasonably practicable, the
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Uniform Resource Identifier, if any, that Licensor specifies to be associated
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with the Work, unless such URI does not refer to the copyright notice or
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licensing information for the Work; and in the case of a Derivative Work, a
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credit identifying the use of the Work in the Derivative Work (e.g.,
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"French translation of the Work by Original Author," or
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"Screenplay based on original Work by Original Author"). Such credit
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may be implemented in any reasonable manner; provided, however, that in the
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case of a Derivative Work or Collective Work, at a minimum such credit will
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appear where any other comparable authorship credit appears and in a manner at
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least as prominent as such other comparable authorship credit.
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For the avoidance of doubt, where the Work is a musical composition:
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Performance Royalties Under Blanket Licenses. Licensor reserves the exclusive
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right to collect, whether individually or via a performance rights society
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(e.g. ASCAP, BMI, SESAC), royalties for the public performance or public
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digital performance (e.g. webcast) of the Work if that performance is primarily
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intended for or directed toward commercial advantage or private monetary
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compensation.
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Mechanical Rights and Statutory Royalties. Licensor reserves the exclusive
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right to collect, whether individually or via a music rights agency or
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designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You
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create from the Work ("cover version") and distribute, subject to the
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compulsory license created by 17 USC Section 115 of the US Copyright Act (or
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the equivalent in other jurisdictions), if Your distribution of such cover
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version is primarily intended for or directed toward commercial advantage or
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private monetary compensation.
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Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where
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the Work is a sound recording, Licensor reserves the exclusive right to
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collect, whether individually or via a performance-rights society (e.g.
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SoundExchange), royalties for the public digital performance (e.g. webcast) of
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the Work, subject to the compulsory license created by 17 USC Section 114 of
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the US Copyright Act (or the equivalent in other jurisdictions), if Your public
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digital performance is primarily intended for or directed toward commercial
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advantage or private monetary compensation.
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5. Representations, Warranties and Disclaimer
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS
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THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
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CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
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WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A
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PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS,
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ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.
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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH
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EXCLUSION MAY NOT APPLY TO YOU.
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6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN
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NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
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INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS
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LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES.
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7. Termination
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This License and the rights granted hereunder will terminate automatically upon
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any breach by You of the terms of this License. Individuals or entities who
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have received Derivative Works or Collective Works from You under this License,
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however, will not have their licenses terminated provided such individuals or
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entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7,
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and 8 will survive any termination of this License.
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Subject to the above terms and conditions, the license granted here is
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perpetual (for the duration of the applicable copyright in the Work).
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Notwithstanding the above, Licensor reserves the right to release the Work
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under different license terms or to stop distributing the Work at any time;
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provided, however that any such election will not serve to withdraw this
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License (or any other license that has been, or is required to be, granted
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under the terms of this License), and this License will continue in full force
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and effect unless terminated as stated above.
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8. Miscellaneous
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Each time You distribute or publicly digitally perform the Work or a Collective
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Work, the Licensor offers to the recipient a license to the Work on the same
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terms and conditions as the license granted to You under this License.
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Each time You distribute or publicly digitally perform a Derivative Work,
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Licensor offers to the recipient a license to the original Work on the same
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terms and conditions as the license granted to You under this License.
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If any provision of this License is invalid or unenforceable under applicable
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law, it shall not affect the validity or enforceability of the remainder of the
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terms of this License, and without further action by the parties to this
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agreement, such provision shall be reformed to the minimum extent necessary to
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make such provision valid and enforceable.
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No term or provision of this License shall be deemed waived and no breach
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consented to unless such waiver or consent shall be in writing and signed by
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the party to be charged with such waiver or consent.
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This License constitutes the entire agreement between the parties with respect
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to the Work licensed here. There are no understandings, agreements or
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representations with respect to the Work not specified here. Licensor shall not
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be bound by any additional provisions that may appear in any communication from
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You. This License may not be modified without the mutual written agreement of
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the Licensor and You.
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Creative Commons is not a party to this License, and makes no warranty
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whatsoever in connection with the Work. Creative Commons will not be liable to
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You or any party on any legal theory for any damages whatsoever, including
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without limitation any general, special, incidental or consequential damages
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arising in connection to this license. Notwithstanding the foregoing two (2)
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sentences, if Creative Commons has expressly identified itself as the Licensor
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hereunder, it shall have all rights and obligations of Licensor.
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Except for the limited purpose of indicating to the public that the Work is
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licensed under the CCPL, neither party will use the trademark "Creative
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Commons" or any related trademark or logo of Creative Commons without the
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prior written consent of Creative Commons. Any permitted use will be in
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compliance with Creative Commons' then-current trademark usage guidelines, as
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may be published on its website or otherwise made available upon request from
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time to time.
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Creative Commons may be contacted at http://creativecommons.org/.
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