source: appendices/creat-comm.xml@ 5044738

<?xml version="1.0" encoding="ISO-8859-1"?>
<!DOCTYPE appendix PUBLIC "-//OASIS//DTD DocBook XML V4.5//EN"
   "http://www.oasis-open.org/docbook/xml/4.5/docbookx.dtd" [
  <!ENTITY % general-entities SYSTEM "../general.ent">
  %general-entities;
]>

<appendix id="CC" xreflabel="Creative Commons License">
  <?dbhtml filename="creat-comm.html" dir="appendices"?>

  <appendixinfo>
    <othername>$LastChangedBy$</othername>
    <date>$Date$</date>
  </appendixinfo>

  <title>Creative Commons License</title>

  <para role='title'>Creative Commons Legal Code</para>

  <para role='title'>Attribution-NonCommercial-ShareAlike 2.0</para>

  <important>
    <para>CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT
    PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN
    ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN
    "AS-IS" BASIS.  CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION
    PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS
    USE.</para>
  </important>

  <para role='title'>License</para>

  <para>THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
  COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
  COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
  AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.</para>

  <para>BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE
  BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS
  CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND
  CONDITIONS.</para>

  <orderedlist>
    <?dbfo label-width="1.5em"?>
    <listitem>
      <para>Definitions</para>

      <orderedlist>
        <listitem>
          <para>"Collective Work" means a work, such as a periodical issue, anthology or
          encyclopedia, in which the Work in its entirety in unmodified form, along
          with a number of other contributions, constituting separate and independent
          works in themselves, are assembled into a collective whole. A work that
          constitutes a Collective Work will not be considered a Derivative Work (as
          defined below) for the purposes of this License.</para>
        </listitem>

        <listitem>
          <para>"Derivative Work" means a work based upon the Work or upon
          the Work and other pre-existing works, such as a translation, musical
          arrangement, dramatization, fictionalization, motion picture version, sound
          recording, art reproduction, abridgment, condensation, or any other form in
          which the Work may be recast, transformed, or adapted, except that a work
          that constitutes a Collective Work will not be considered a Derivative Work
          for the purpose of this License. For the avoidance of doubt, where the Work
          is a musical composition or sound recording, the synchronization of the Work
          in timed-relation with a moving image ("synching") will be considered a
          Derivative Work for the purpose of this License.</para>
        </listitem>

        <listitem>
          <para>"Licensor" means the individual or entity that offers the
          Work under the terms of this License.</para>
        </listitem>

        <listitem>
          <para>"Original Author" means the individual or entity who created
          the Work.</para>
        </listitem>

        <listitem>
          <para>"Work" means the copyrightable work of authorship offered
          under the terms of this License.</para>
        </listitem>

        <listitem>
          <para>"You" means an individual or entity exercising rights under
          this License who has not previously violated the terms of this License with
          respect to the Work, or who has received express permission from the
          Licensor to exercise rights under this License despite a previous
          violation.</para>
        </listitem>

        <listitem>
          <para>"License Elements" means the following high-level license
          attributes as selected by Licensor and indicated in the title of this
          License: Attribution, Noncommercial, ShareAlike.</para>
        </listitem>

      </orderedlist>
    </listitem>

    <listitem>
      <para>Fair Use Rights. Nothing in this license is intended to reduce,
      limit, or restrict any rights arising from fair use, first sale or other
      limitations on the exclusive rights of the copyright owner under copyright law
      or other applicable laws.</para>
    </listitem>


    <listitem>
      <para>License Grant. Subject to the terms and conditions of this
      License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
      perpetual (for the duration of the applicable copyright) license to exercise
      the rights in the Work as stated below:</para>

      <orderedlist>

        <listitem>
          <para>to reproduce the Work, to incorporate the Work into one or
          more Collective Works, and to reproduce the Work as incorporated in the
          Collective Works;</para>
        </listitem>

        <listitem>
          <para>to create and reproduce Derivative Works;</para>
        </listitem>

        <listitem>
          <para>to distribute copies or phonorecords of, display publicly,
          perform publicly, and perform publicly by means of a digital audio
          transmission the Work including as incorporated in Collective
          Works;</para>
        </listitem>

        <listitem>
          <para>to distribute copies or phonorecords of, display publicly,
          perform publicly, and perform publicly by means of a digital audio
          transmission Derivative Works;</para>
        </listitem>

      </orderedlist>

      <para>The above rights may be exercised in all media and formats whether now
      known or hereafter devised. The above rights include the right to make such
      modifications as are technically necessary to exercise the rights in other
      media and formats. All rights not expressly granted by Licensor are hereby
      reserved, including but not limited to the rights set forth in Sections 4(e)
      and 4(f).</para>
    </listitem>

    <listitem>
      <para>Restrictions.The license granted in Section 3 above is
      expressly made subject to and limited by the following
      restrictions:</para>

      <orderedlist>

        <listitem>
          <para>You may distribute, publicly display, publicly perform, or
          publicly digitally perform the Work only under the terms of this License, and
          You must include a copy of, or the Uniform Resource Identifier for, this
          License with every copy or phonorecord of the Work You distribute, publicly
          display, publicly perform, or publicly digitally perform. You may not offer
          or impose any terms on the Work that alter or restrict the terms of this
          License or the recipients' exercise of the rights granted hereunder. You may
          not sublicense the Work. You must keep intact all notices that refer to this
          License and to the disclaimer of warranties. You may not distribute, publicly
          display, publicly perform, or publicly digitally perform the Work with any
          technological measures that control access or use of the Work in a manner
          inconsistent with the terms of this License Agreement. The above applies to
          the Work as incorporated in a Collective Work, but this does not require the
          Collective Work apart from the Work itself to be made subject to the terms of
          this License. If You create a Collective Work, upon notice from any Licensor
          You must, to the extent practicable, remove from the Collective Work any
          reference to such Licensor or the Original Author, as requested. If You
          create a Derivative Work, upon notice from any Licensor You must, to the
          extent practicable, remove from the Derivative Work any reference to such
          Licensor or the Original Author, as requested.</para>
        </listitem>

        <listitem>
          <para>You may distribute, publicly display, publicly perform, or
          publicly digitally perform a Derivative Work only under the terms of this
          License, a later version of this License with the same License Elements as
          this License, or a Creative Commons iCommons license that contains the same
          License Elements as this License (e.g. Attribution-NonCommercial-ShareAlike
          2.0 Japan). You must include a copy of, or the Uniform Resource Identifier
          for, this License or other license specified in the previous sentence with
          every copy or phonorecord of each Derivative Work You distribute, publicly
          display, publicly perform, or publicly digitally perform. You may not offer
          or impose any terms on the Derivative Works that alter or restrict the terms
          of this License or the recipients' exercise of the rights granted hereunder,
          and You must keep intact all notices that refer to this License and to the
          disclaimer of warranties. You may not distribute, publicly display, publicly
          perform, or publicly digitally perform the Derivative Work with any
          technological measures that control access or use of the Work in a manner
          inconsistent with the terms of this License Agreement. The above applies to
          the Derivative Work as incorporated in a Collective Work, but this does not
          require the Collective Work apart from the Derivative Work itself to be made
          subject to the terms of this License.</para>
        </listitem>

        <listitem>
          <para>You may not exercise any of the rights granted to You in
          Section 3 above in any manner that is primarily intended for or directed
          toward commercial advantage or private monetary compensation. The exchange of
          the Work for other copyrighted works by means of digital file-sharing or
          otherwise shall not be considered to be intended for or directed toward
          commercial advantage or private monetary compensation, provided there is no
          payment of any monetary compensation in connection with the exchange of
          copyrighted works.</para>
        </listitem>

        <listitem>
          <para>If you distribute, publicly display, publicly perform, or
          publicly digitally perform the Work or any Derivative Works or Collective
          Works, You must keep intact all copyright notices for the Work and give the
          Original Author credit reasonable to the medium or means You are utilizing by
          conveying the name (or pseudonym if applicable) of the Original Author if
          supplied; the title of the Work if supplied; to the extent reasonably
          practicable, the Uniform Resource Identifier, if any, that Licensor specifies
          to be associated with the Work, unless such URI does not refer to the
          copyright notice or licensing information for the Work; and in the case of a
          Derivative Work, a credit identifying the use of the Work in the Derivative
          Work (e.g., "French translation of the Work by Original Author," or
          "Screenplay based on original Work by Original Author"). Such credit may be
          implemented in any reasonable manner; provided, however, that in the case of
          a Derivative Work or Collective Work, at a minimum such credit will appear
          where any other comparable authorship credit appears and in a manner at least
          as prominent as such other comparable authorship credit.</para>
        </listitem>


        <listitem>
          <para>For the avoidance of doubt, where the Work is a musical
          composition:</para>

          <orderedlist>

            <listitem>
              <para>Performance Royalties Under Blanket Licenses. Licensor
              reserves the exclusive right to collect, whether individually or via a
              performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the
              public performance or public digital performance (e.g. webcast) of the
              Work if that performance is primarily intended for or directed toward
              commercial advantage or private monetary compensation.</para>
            </listitem>

            <listitem>
              <para>Mechanical Rights and Statutory Royalties. Licensor
              reserves the exclusive right to collect, whether individually or via a
              music rights agency or designated agent (e.g. Harry Fox Agency),
              royalties    for any phonorecord You create from the Work ("cover
              version") and distribute, subject to the compulsory license created
              by 17 USC Section 115 of the US Copyright Act (or the equivalent in
              other jurisdictions), if Your distribution of such cover version is primarily
              intended for or directed toward commercial advantage or private monetary
              compensation.  6. Webcasting Rights and Statutory Royalties.  For the
              avoidance of doubt, where the Work is a sound recording, Licensor
              reserves the exclusive right to collect, whether individually or via a
              performance-rights society (e.g. SoundExchange), royalties for the public
              digital performance (e.g. webcast) of the Work, subject to the compulsory
              license created by 17 USC Section 114 of the US Copyright Act (or the
              equivalent in other jurisdictions), if Your public digital performance is
              primarily intended for or directed toward commercial advantage or private
              monetary compensation.</para>
            </listitem>

          </orderedlist>
        </listitem>

        <listitem>
          <para>Webcasting Rights and Statutory Royalties. For the
          avoidance of doubt, where the Work is a sound recording, Licensor reserves
          the exclusive right to collect, whether individually or via a
          performance-rights society (e.g.  SoundExchange), royalties for the public
          digital performance (e.g. webcast) of the Work, subject to the compulsory
          license created by 17 USC Section 114 of the US Copyright Act (or the
          equivalent in other jurisdictions), if Your public digital performance is
          primarily intended for or directed toward commercial advantage or private
          monetary compensation.</para>
        </listitem>

      </orderedlist>
    </listitem>

    <listitem>
      <para>Representations, Warranties and Disclaimer</para>

      <para>UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
      OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
      CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
      WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A
      PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS,
      ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.
      SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH
      EXCLUSION MAY NOT APPLY TO YOU.</para>
    </listitem>

    <listitem>
      <para>Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY
      APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY
      FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES
      ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN
      ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</para>
    </listitem>

    <listitem>
      <para>Termination</para>

      <orderedlist>

        <listitem>
          <para>This License and the rights granted hereunder will terminate
          automatically upon any breach by You of the terms of this License.
          Individuals or entities who have received Derivative Works or Collective
          Works from You under this License, however, will not have their licenses
          terminated provided such individuals or entities remain in full compliance
          with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any
          termination of this License.</para>
        </listitem>

        <listitem>
          <para>Subject to the above terms and conditions, the license
          granted here is perpetual (for the duration of the applicable copyright in
          the Work).  Notwithstanding the above, Licensor reserves the right to release
          the Work under different license terms or to stop distributing the Work at
          any time; provided, however that any such election will not serve to withdraw
          this License (or any other license that has been, or is required to be,
          granted under the terms of this License), and this License will continue in
          full force and effect unless terminated as stated above.</para>
        </listitem>

      </orderedlist>
    </listitem>

    <listitem>
      <para>Miscellaneous</para>

      <orderedlist>

        <listitem>
          <para>Each time You distribute or publicly digitally perform the
          Work or a Collective Work, the Licensor offers to the recipient a license to
          the Work on the same terms and conditions as the license granted to You under
          this License.</para>
        </listitem>

        <listitem>
          <para>Each time You distribute or publicly digitally perform a
          Derivative Work, Licensor offers to the recipient a license to the original
          Work on the same terms and conditions as the license granted to You under
          this License.</para>
        </listitem>

        <listitem>
          <para>If any provision of this License is invalid or unenforceable
          under applicable law, it shall not affect the validity or enforceability of
          the remainder of the terms of this License, and without further action by the
          parties to this agreement, such provision shall be reformed to the minimum
          extent necessary to make such provision valid and
          enforceable.</para>
        </listitem>

        <listitem>
          <para>No term or provision of this License shall be deemed waived
          and no breach consented to unless such waiver or consent shall be in writing
          and signed by the party to be charged with such waiver or
          consent.</para>
        </listitem>

        <listitem>
          <para>This License constitutes the entire agreement between the
          parties with respect to the Work licensed here. There are no understandings,
          agreements or representations with respect to the Work not specified here.
          Licensor shall not be bound by any additional provisions that may appear in
          any communication from You. This License may not be modified without the
          mutual written agreement of the Licensor and You.</para>
        </listitem>


      </orderedlist>
    </listitem>
  </orderedlist>

  <important>
    <para>Creative Commons is not a party to this License, and makes no warranty
    whatsoever in connection with the Work. Creative Commons will not be liable to
    You or any party on any legal theory for any damages whatsoever, including
    without limitation any general, special, incidental or consequential damages
    arising in connection to this license. Notwithstanding the foregoing two (2)
    sentences, if Creative Commons has expressly identified itself as the Licensor
    hereunder, it shall have all rights and obligations of Licensor.</para>

    <para>Except for the limited purpose of indicating to the public that the Work is
    licensed under the CCPL, neither party will use the trademark "Creative
    Commons" or any related trademark or logo of Creative Commons without the prior
    written consent of Creative Commons. Any permitted use will be in compliance
    with Creative Commons' then-current trademark usage guidelines, as may be
    published on its website or otherwise made available upon request from time to
    time.</para>

    <para>Creative Commons may be contacted at <ulink url='http://creativecommons.org/' />.</para>
  </important>


</appendix>