source: appendices/creat-comm.xml

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1<?xml version="1.0" encoding="UTF-8"?>
2<!DOCTYPE appendix PUBLIC "-//OASIS//DTD DocBook XML V4.5//EN"
3 "http://www.oasis-open.org/docbook/xml/4.5/docbookx.dtd" [
4 <!ENTITY % general-entities SYSTEM "../general.ent">
5 %general-entities;
6]>
7
8<appendix id="CC" xreflabel="Creative Commons License">
9 <?dbhtml filename="creat-comm.html" dir="appendices"?>
10
11 <appendixinfo>
12 <date>$Date$</date>
13 </appendixinfo>
14
15 <title>Creative Commons License</title>
16
17 <para role='title'>
18 Creative Commons Legal Code
19 </para>
20
21 <para role='title'>
22 Attribution-NonCommercial-ShareAlike 2.0
23 </para>
24
25 <important>
26 <para>
27 CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE
28 LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN
29 ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS
30 INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES
31 REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES
32 RESULTING FROM ITS USE.
33 </para>
34 </important>
35
36 <para role='title'>
37 License
38 </para>
39
40 <para>
41 THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
42 COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
43 COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
44 AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
45 </para>
46
47 <para>
48 BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE
49 TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE
50 RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS
51 AND CONDITIONS.
52 </para>
53
54 <orderedlist>
55 <?dbfo label-width="1.5em"?>
56 <listitem>
57 <para>
58 Definitions
59 </para>
60
61 <orderedlist>
62 <listitem>
63 <para>
64 "Collective Work" means a work, such as a periodical issue,
65 anthology or encyclopedia, in which the Work in its entirety in
66 unmodified form, along with a number of other contributions,
67 constituting separate and independent works in themselves,
68 are assembled into a collective whole. A work that constitutes a
69 Collective Work will not be considered a Derivative Work (as
70 defined below) for the purposes of this License.
71 </para>
72 </listitem>
73
74 <listitem>
75 <para>
76 "Derivative Work" means a work based upon the Work or upon the
77 Work and other pre-existing works, such as a translation, musical
78 arrangement, dramatization, fictionalization, motion picture
79 version, sound recording, art reproduction, abridgment,
80 condensation, or any other form in which the Work may be recast,
81 transformed, or adapted, except that a work that constitutes a
82 Collective Work will not be considered a Derivative Work for the
83 purpose of this License. For the avoidance of doubt, where the
84 Work is a musical composition or sound recording, the
85 synchronization of the Work in timed-relation with a moving image
86 ("synching") will be considered a Derivative Work for the purpose
87 of this License.
88 </para>
89 </listitem>
90
91 <listitem>
92 <para>
93 "Licensor" means the individual or entity that offers the
94 Work under the terms of this License.
95 </para>
96 </listitem>
97
98 <listitem>
99 <para>
100 "Original Author" means the individual or entity who created
101 the Work.
102 </para>
103 </listitem>
104
105 <listitem>
106 <para>
107 "Work" means the copyrightable work of authorship offered
108 under the terms of this License.
109 </para>
110 </listitem>
111
112 <listitem>
113 <para>
114 "You" means an individual or entity exercising rights under this
115 License who has not previously violated the terms of this License
116 with respect to the Work, or who has received express permission
117 from the Licensor to exercise rights under this License despite a
118 previous violation.
119 </para>
120 </listitem>
121
122 <listitem>
123 <para>
124 "License Elements" means the following high-level license
125 attributes as selected by Licensor and indicated in the title of
126 this License: Attribution, Noncommercial, ShareAlike.
127 </para>
128 </listitem>
129
130 </orderedlist>
131 </listitem>
132
133 <listitem>
134 <para>
135 Fair Use Rights. Nothing in this license is intended to reduce, limit,
136 or restrict any rights arising from fair use, first sale or other
137 limitations on the exclusive rights of the copyright owner under
138 copyright law or other applicable laws.
139 </para>
140 </listitem>
141
142
143 <listitem>
144 <para>
145 License Grant. Subject to the terms and conditions of this License,
146 Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
147 perpetual (for the duration of the applicable copyright) license to
148 exercise the rights in the Work as stated below:
149 </para>
150
151 <orderedlist>
152
153 <listitem>
154 <para>
155 to reproduce the Work, to incorporate the Work into one or more
156 Collective Works, and to reproduce the Work as incorporated in the
157 Collective Works;
158 </para>
159 </listitem>
160
161 <listitem>
162 <para>
163 to create and reproduce Derivative Works;
164 </para>
165 </listitem>
166
167 <listitem>
168 <para>
169 to distribute copies or phonorecords of, display publicly, perform
170 publicly, and perform publicly by means of a digital audio
171 transmission the Work including as incorporated in Collective
172 Works;
173 </para>
174 </listitem>
175
176 <listitem>
177 <para>
178 to distribute copies or phonorecords of, display publicly,
179 perform publicly, and perform publicly by means of a digital audio
180 transmission Derivative Works;
181 </para>
182 </listitem>
183
184 </orderedlist>
185
186 <para>
187 The above rights may be exercised in all media and formats whether now
188 known or hereafter devised. The above rights include the right to make
189 such modifications as are technically necessary to exercise the rights
190 in other media and formats. All rights not expressly granted by
191 Licensor are hereby reserved, including but not limited to the rights
192 set forth in Sections 4(e) and 4(f).
193 </para>
194 </listitem>
195
196 <listitem>
197 <para>
198 Restrictions.The license granted in Section 3 above is
199 expressly made subject to and limited by the following
200 restrictions:
201 </para>
202
203 <orderedlist>
204
205 <listitem>
206 <para>
207 You may distribute, publicly display, publicly perform, or publicly
208 digitally perform the Work only under the terms of this License,
209 and You must include a copy of, or the Uniform Resource Identifier
210 for, this License with every copy or phonorecord of the Work You
211 distribute, publicly display, publicly perform, or publicly
212 digitally perform. You may not offer or impose any terms on the
213 Work that alter or restrict the terms of this License or the
214 recipients' exercise of the rights granted hereunder. You may not
215 sublicense the Work. You must keep intact all notices that refer
216 to this License and to the disclaimer of warranties. You may not
217 distribute, publicly display, publicly perform, or publicly
218 digitally perform the Work with any technological measures that
219 control access or use of the Work in a manner inconsistent with
220 the terms of this License Agreement. The above applies to the Work
221 as incorporated in a Collective Work, but this does not require
222 the Collective Work apart from the Work itself to be made subject
223 to the terms of this License. If You create a Collective Work,
224 upon notice from any Licensor You must, to the extent practicable,
225 remove from the Collective Work any reference to such Licensor or
226 the Original Author, as requested. If You create a Derivative Work,
227 upon notice from any Licensor You must, to the extent practicable,
228 remove from the Derivative Work any reference to such Licensor or
229 the Original Author, as requested.
230 </para>
231 </listitem>
232
233 <listitem>
234 <para>
235 You may distribute, publicly display, publicly perform, or publicly
236 digitally perform a Derivative Work only under the terms of this
237 License, a later version of this License with the same License
238 Elements as this License, or a Creative Commons iCommons license
239 that contains the same License Elements as this License (e.g.
240 Attribution-NonCommercial-ShareAlike 2.0 Japan). You must include
241 a copy of, or the Uniform Resource Identifier for, this License or
242 other license specified in the previous sentence with every copy
243 or phonorecord of each Derivative Work You distribute, publicly
244 display, publicly perform, or publicly digitally perform. You may
245 not offer or impose any terms on the Derivative Works that alter
246 or restrict the terms of this License or the recipients' exercise
247 of the rights granted hereunder, and You must keep intact all
248 notices that refer to this License and to the disclaimer of
249 warranties. You may not distribute, publicly display, publicly
250 perform, or publicly digitally perform the Derivative Work with
251 any technological measures that control access or use of the Work
252 in a manner inconsistent with the terms of this License Agreement.
253 The above applies to the Derivative Work as incorporated in a
254 Collective Work, but this does not require the Collective Work
255 apart from the Derivative Work itself to be made subject to the
256 terms of this License.
257 </para>
258 </listitem>
259
260 <listitem>
261 <para>
262 You may not exercise any of the rights granted to You in Section 3
263 above in any manner that is primarily intended for or directed
264 toward commercial advantage or private monetary compensation. The
265 exchange of the Work for other copyrighted works by means of
266 digital file-sharing or otherwise shall not be considered to be
267 intended for or directed toward commercial advantage or private
268 monetary compensation, provided there is no payment of any monetary
269 compensation in connection with the exchange of copyrighted works.
270 </para>
271 </listitem>
272
273 <listitem>
274 <para>
275 If you distribute, publicly display, publicly perform, or publicly
276 digitally perform the Work or any Derivative Works or Collective
277 Works, You must keep intact all copyright notices for the Work and
278 give the Original Author credit reasonable to the medium or means
279 You are utilizing by conveying the name (or pseudonym if
280 applicable) of the Original Author if supplied; the title of the
281 Work if supplied; to the extent reasonably practicable, the Uniform
282 Resource Identifier, if any, that Licensor specifies to be
283 associated with the Work, unless such URI does not refer to the
284 copyright notice or licensing information for the Work; and in the
285 case of a Derivative Work, a credit identifying the use of the Work
286 in the Derivative Work (e.g., "French translation of the Work by
287 Original Author," or "Screenplay based on original Work by Original
288 Author"). Such credit may be implemented in any reasonable manner;
289 provided, however, that in the case of a Derivative Work or
290 Collective Work, at a minimum such credit will appear where any
291 other comparable authorship credit appears and in a manner at least
292 as prominent as such other comparable authorship credit.
293 </para>
294 </listitem>
295
296 <listitem>
297 <para>
298 For the avoidance of doubt, where the Work is a musical
299 composition:
300 </para>
301
302 <orderedlist>
303
304 <listitem>
305 <para>
306 Performance Royalties Under Blanket Licenses. Licensor reserves
307 the exclusive right to collect, whether individually or via a
308 performance rights society (e.g. ASCAP, BMI, SESAC), royalties
309 for the public performance or public digital performance (e.g.
310 webcast) of the Work if that performance is primarily intended
311 for or directed toward commercial advantage or private monetary
312 compensation.
313 </para>
314 </listitem>
315
316 <listitem>
317 <para>
318 Mechanical Rights and Statutory Royalties. Licensor reserves
319 the exclusive right to collect, whether individually or via a
320 music rights agency or designated agent (e.g. Harry Fox
321 Agency), royalties for any phonorecord You create from the
322 Work ("cover version") and distribute, subject to the
323 compulsory license created by 17 USC Section 115 of the US
324 Copyright Act (or the equivalent in other jurisdictions), if
325 Your distribution of such cover version is primarily intended
326 for or directed toward commercial advantage or private monetary
327 compensation. 6. Webcasting Rights and Statutory Royalties.
328 For the avoidance of doubt, where the Work is a sound
329 recording, Licensor reserves the exclusive right to collect,
330 whether individually or via a performance-rights society (e.g.
331 SoundExchange), royalties for the public digital performance
332 (e.g. webcast) of the Work, subject to the compulsory license
333 created by 17 USC Section 114 of the US Copyright Act (or the
334 equivalent in other jurisdictions), if Your public digital
335 performance is primarily intended for or directed toward
336 commercial advantage or private monetary compensation.
337 </para>
338 </listitem>
339
340 </orderedlist>
341 </listitem>
342
343 <listitem>
344 <para>
345 Webcasting Rights and Statutory Royalties. For the avoidance of
346 doubt, where the Work is a sound recording, Licensor reserves the
347 exclusive right to collect, whether individually or via a
348 performance-rights society (e.g. SoundExchange), royalties for
349 the public digital performance (e.g. webcast) of the Work, subject
350 to the compulsory license created by 17 USC Section 114 of the US
351 Copyright Act (or the equivalent in other jurisdictions), if Your
352 public digital performance is primarily intended for or directed
353 toward commercial advantage or private monetary compensation.
354 </para>
355 </listitem>
356
357 </orderedlist>
358 </listitem>
359
360 <listitem>
361 <para>
362 Representations, Warranties and Disclaimer
363 </para>
364
365 <para>
366 UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
367 OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
368 KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
369 INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
370 FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
371 LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF
372 ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW
373 THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY
374 TO YOU.
375 </para>
376 </listitem>
377
378 <listitem>
379 <para>
380 Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE
381 LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY
382 FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY
383 DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF
384 LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
385 </para>
386 </listitem>
387
388 <listitem>
389 <para>
390 Termination
391 </para>
392
393 <orderedlist>
394
395 <listitem>
396 <para>
397 This License and the rights granted hereunder will terminate
398 automatically upon any breach by You of the terms of this License.
399 Individuals or entities who have received Derivative Works or
400 Collective Works from You under this License, however, will not
401 have their licenses terminated provided such individuals or
402 entities remain in full compliance with those licenses. Sections 1,
403 2, 5, 6, 7, and 8 will survive any termination of this License.
404 </para>
405 </listitem>
406
407 <listitem>
408 <para>
409 Subject to the above terms and conditions, the license granted
410 here is perpetual (for the duration of the applicable copyright
411 in the Work). Notwithstanding the above, Licensor reserves the
412 right to release the Work under different license terms or to
413 stop distributing the Work at any time; provided, however that
414 any such election will not serve to withdraw this License (or any
415 other license that has been, or is required to be, granted under
416 the terms of this License), and this License will continue in
417 full force and effect unless terminated as stated above.
418 </para>
419 </listitem>
420
421 </orderedlist>
422 </listitem>
423
424 <listitem>
425 <para>
426 Miscellaneous
427 </para>
428
429 <orderedlist>
430
431 <listitem>
432 <para>
433 Each time You distribute or publicly digitally perform the Work or
434 a Collective Work, the Licensor offers to the recipient a license
435 to the Work on the same terms and conditions as the license granted
436 to You under this License.
437 </para>
438 </listitem>
439
440 <listitem>
441 <para>
442 Each time You distribute or publicly digitally perform a Derivative
443 Work, Licensor offers to the recipient a license to the original
444 Work on the same terms and conditions as the license granted to
445 You under this License.
446 </para>
447 </listitem>
448
449 <listitem>
450 <para>
451 If any provision of this License is invalid or unenforceable under
452 applicable law, it shall not affect the validity or enforceability
453 of the remainder of the terms of this License, and without further
454 action by the parties to this agreement, such provision shall be
455 reformed to the minimum extent necessary to make such provision
456 valid and enforceable.
457 </para>
458 </listitem>
459
460 <listitem>
461 <para>
462 No term or provision of this License shall be deemed waived and no
463 breach consented to unless such waiver or consent shall be in
464 writing and signed by the party to be charged with such waiver or
465 consent.
466 </para>
467 </listitem>
468
469 <listitem>
470 <para>
471 This License constitutes the entire agreement between the parties
472 with respect to the Work licensed here. There are no
473 understandings, agreements or representations with respect to the
474 Work not specified here. Licensor shall not be bound by any
475 additional provisions that may appear in any communication from
476 You. This License may not be modified without the mutual written
477 agreement of the Licensor and You.
478 </para>
479 </listitem>
480
481
482 </orderedlist>
483 </listitem>
484 </orderedlist>
485
486 <important>
487 <para>
488 Creative Commons is not a party to this License, and makes no warranty
489 whatsoever in connection with the Work. Creative Commons will not be
490 liable to You or any party on any legal theory for any damages
491 whatsoever, including without limitation any general, special, incidental
492 or consequential damages arising in connection to this license.
493 Notwithstanding the foregoing two (2) sentences, if Creative Commons has
494 expressly identified itself as the Licensor hereunder, it shall have all
495 rights and obligations of Licensor.
496 </para>
497
498 <para>
499 Except for the limited purpose of indicating to the public that the Work
500 is licensed under the CCPL, neither party will use the trademark
501 "Creative Commons" or any related trademark or logo of Creative Commons
502 without the prior written consent of Creative Commons. Any permitted use
503 will be in compliance with Creative Commons' then-current trademark
504 usage guidelines, as may be published on its website or otherwise made
505 available upon request from time to time.
506 </para>
507
508 <para>
509 Creative Commons may be contacted at <ulink url=
510 'http://creativecommons.org/'/>.
511 </para>
512 </important>
513
514</appendix>
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