Changeset 91babf4 for appendices/creat-comm.xml
- Timestamp:
- 04/28/2005 07:02:09 PM (19 years ago)
- Branches:
- 10.0, 10.1, 11.0, 11.1, 11.2, 11.3, 12.0, 12.1, 6.1, 6.2, 6.2.0, 6.2.0-rc1, 6.2.0-rc2, 6.3, 6.3-rc1, 6.3-rc2, 6.3-rc3, 7.10, 7.4, 7.5, 7.6, 7.6-blfs, 7.6-systemd, 7.7, 7.8, 7.9, 8.0, 8.1, 8.2, 8.3, 8.4, 9.0, 9.1, basic, bdubbs/svn, elogind, gnome, kde5-13430, kde5-14269, kde5-14686, kea, ken/TL2024, ken/inkscape-core-mods, ken/tuningfonts, krejzi/svn, lazarus, lxqt, nosym, perl-modules, plabs/newcss, plabs/python-mods, python3.11, qt5new, rahul/power-profiles-daemon, renodr/vulkan-addition, systemd-11177, systemd-13485, trunk, upgradedb, xry111/intltool, xry111/llvm18, xry111/soup3, xry111/test-20220226, xry111/xf86-video-removal
- Children:
- c67971c
- Parents:
- 9d798aee
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-
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appendices/creat-comm.xml
r9d798aee r91babf4 7 7 8 8 <appendix id="CC" xreflabel="Creative Commons License"> 9 <appendixinfo> 10 <othername>$LastChangedBy: bdubbs $</othername> 11 <date>$Date$</date> 12 </appendixinfo> 13 <?dbhtml filename="creat-comm.html" dir="appendices"?> 14 <title>Creative Commons License</title> 15 16 <para role='title'>Creative Commons Legal Code</para> 17 18 <para role='title'>Attribution-NonCommercial-ShareAlike 2.0</para> 19 20 <important><para>CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT 21 PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN 22 ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN 23 "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION 24 PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS 25 USE.</para></important> 26 27 <para role='title'>License</para> 28 29 <para>THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE 30 COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY 31 COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS 32 AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.</para> 33 34 <para>BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE 35 BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS 36 CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND 37 CONDITIONS.</para> 38 39 <orderedlist numeration='arabic'> 40 <listitem><para>Definitions</para> 41 42 <orderedlist numeration='loweralpha'> 43 <listitem><para>"Collective Work" means a work, such as a periodical issue, anthology or 44 encyclopedia, in which the Work in its entirety in unmodified form, along 45 with a number of other contributions, constituting separate and independent 46 works in themselves, are assembled into a collective whole. A work that 47 constitutes a Collective Work will not be considered a Derivative Work (as 48 defined below) for the purposes of this License.</para></listitem> 49 50 <listitem><para>"Derivative Work" means a work based upon the Work or upon 51 the Work and other pre-existing works, such as a translation, musical 52 arrangement, dramatization, fictionalization, motion picture version, sound 53 recording, art reproduction, abridgment, condensation, or any other form in 54 which the Work may be recast, transformed, or adapted, except that a work 55 that constitutes a Collective Work will not be considered a Derivative Work 56 for the purpose of this License. For the avoidance of doubt, where the Work 57 is a musical composition or sound recording, the synchronization of the Work 58 in timed-relation with a moving image ("synching") will be considered a 59 Derivative Work for the purpose of this License.</para></listitem> 60 61 <listitem><para>"Licensor" means the individual or entity that offers the 62 Work under the terms of this License.</para></listitem> 63 64 <listitem><para>"Original Author" means the individual or entity who created 65 the Work.</para></listitem> 66 67 <listitem><para>"Work" means the copyrightable work of authorship offered 68 under the terms of this License.</para></listitem> 69 70 <listitem><para>"You" means an individual or entity exercising rights under 71 this License who has not previously violated the terms of this License with 72 respect to the Work, or who has received express permission from the 73 Licensor to exercise rights under this License despite a previous 74 violation.</para></listitem> 75 76 <listitem><para>"License Elements" means the following high-level license 77 attributes as selected by Licensor and indicated in the title of this 78 License: Attribution, Noncommercial, ShareAlike.</para></listitem> 79 9 <?dbhtml filename="creat-comm.html" dir="appendices"?> 10 11 <appendixinfo> 12 <othername>$LastChangedBy: bdubbs $</othername> 13 <date>$Date$</date> 14 </appendixinfo> 15 16 <title>Creative Commons License</title> 17 18 <para role='title'>Creative Commons Legal Code</para> 19 20 <para role='title'>Attribution-NonCommercial-ShareAlike 2.0</para> 21 22 <important> 23 <para>CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT 24 PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN 25 ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN 26 "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION 27 PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS 28 USE.</para> 29 </important> 30 31 <para role='title'>License</para> 32 33 <para>THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE 34 COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY 35 COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS 36 AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.</para> 37 38 <para>BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE 39 BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS 40 CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND 41 CONDITIONS.</para> 42 43 <orderedlist numeration='arabic'> 44 <listitem> 45 <para>Definitions</para> 46 47 <orderedlist numeration='loweralpha'> 48 <listitem> 49 <para>"Collective Work" means a work, such as a periodical issue, anthology or 50 encyclopedia, in which the Work in its entirety in unmodified form, along 51 with a number of other contributions, constituting separate and independent 52 works in themselves, are assembled into a collective whole. A work that 53 constitutes a Collective Work will not be considered a Derivative Work (as 54 defined below) for the purposes of this License.</para> 55 </listitem> 56 57 <listitem> 58 <para>"Derivative Work" means a work based upon the Work or upon 59 the Work and other pre-existing works, such as a translation, musical 60 arrangement, dramatization, fictionalization, motion picture version, sound 61 recording, art reproduction, abridgment, condensation, or any other form in 62 which the Work may be recast, transformed, or adapted, except that a work 63 that constitutes a Collective Work will not be considered a Derivative Work 64 for the purpose of this License. For the avoidance of doubt, where the Work 65 is a musical composition or sound recording, the synchronization of the Work 66 in timed-relation with a moving image ("synching") will be considered a 67 Derivative Work for the purpose of this License.</para> 68 </listitem> 69 70 <listitem> 71 <para>"Licensor" means the individual or entity that offers the 72 Work under the terms of this License.</para> 73 </listitem> 74 75 <listitem> 76 <para>"Original Author" means the individual or entity who created 77 the Work.</para> 78 </listitem> 79 80 <listitem> 81 <para>"Work" means the copyrightable work of authorship offered 82 under the terms of this License.</para> 83 </listitem> 84 85 <listitem> 86 <para>"You" means an individual or entity exercising rights under 87 this License who has not previously violated the terms of this License with 88 respect to the Work, or who has received express permission from the 89 Licensor to exercise rights under this License despite a previous 90 violation.</para> 91 </listitem> 92 93 <listitem> 94 <para>"License Elements" means the following high-level license 95 attributes as selected by Licensor and indicated in the title of this 96 License: Attribution, Noncommercial, ShareAlike.</para> 97 </listitem> 98 99 </orderedlist> 100 </listitem> 101 102 <listitem> 103 <para>Fair Use Rights. Nothing in this license is intended to reduce, 104 limit, or restrict any rights arising from fair use, first sale or other 105 limitations on the exclusive rights of the copyright owner under copyright law 106 or other applicable laws.</para> 107 </listitem> 108 109 110 <listitem> 111 <para>License Grant. Subject to the terms and conditions of this 112 License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, 113 perpetual (for the duration of the applicable copyright) license to exercise 114 the rights in the Work as stated below:</para> 115 116 <orderedlist numeration='loweralpha'> 117 118 <listitem> 119 <para>to reproduce the Work, to incorporate the Work into one or 120 more Collective Works, and to reproduce the Work as incorporated in the 121 Collective Works;</para> 122 </listitem> 123 124 <listitem> 125 <para>to create and reproduce Derivative Works;</para> 126 </listitem> 127 128 <listitem> 129 <para>to distribute copies or phonorecords of, display publicly, 130 perform publicly, and perform publicly by means of a digital audio 131 transmission the Work including as incorporated in Collective 132 Works;</para> 133 </listitem> 134 135 <listitem> 136 <para>to distribute copies or phonorecords of, display publicly, 137 perform publicly, and perform publicly by means of a digital audio 138 transmission Derivative Works;</para> 139 </listitem> 140 141 </orderedlist> 142 143 <para>The above rights may be exercised in all media and formats whether now 144 known or hereafter devised. The above rights include the right to make such 145 modifications as are technically necessary to exercise the rights in other 146 media and formats. All rights not expressly granted by Licensor are hereby 147 reserved, including but not limited to the rights set forth in Sections 4(e) 148 and 4(f).</para> 149 </listitem> 150 151 <listitem> 152 <para>Restrictions.The license granted in Section 3 above is 153 expressly made subject to and limited by the following 154 restrictions:</para> 155 156 <orderedlist numeration='loweralpha'> 157 158 <listitem> 159 <para>You may distribute, publicly display, publicly perform, or 160 publicly digitally perform the Work only under the terms of this License, and 161 You must include a copy of, or the Uniform Resource Identifier for, this 162 License with every copy or phonorecord of the Work You distribute, publicly 163 display, publicly perform, or publicly digitally perform. You may not offer 164 or impose any terms on the Work that alter or restrict the terms of this 165 License or the recipients' exercise of the rights granted hereunder. You may 166 not sublicense the Work. You must keep intact all notices that refer to this 167 License and to the disclaimer of warranties. You may not distribute, publicly 168 display, publicly perform, or publicly digitally perform the Work with any 169 technological measures that control access or use of the Work in a manner 170 inconsistent with the terms of this License Agreement. The above applies to 171 the Work as incorporated in a Collective Work, but this does not require the 172 Collective Work apart from the Work itself to be made subject to the terms of 173 this License. If You create a Collective Work, upon notice from any Licensor 174 You must, to the extent practicable, remove from the Collective Work any 175 reference to such Licensor or the Original Author, as requested. If You 176 create a Derivative Work, upon notice from any Licensor You must, to the 177 extent practicable, remove from the Derivative Work any reference to such 178 Licensor or the Original Author, as requested.</para> 179 </listitem> 180 181 <listitem> 182 <para>You may distribute, publicly display, publicly perform, or 183 publicly digitally perform a Derivative Work only under the terms of this 184 License, a later version of this License with the same License Elements as 185 this License, or a Creative Commons iCommons license that contains the same 186 License Elements as this License (e.g. Attribution-NonCommercial-ShareAlike 187 2.0 Japan). You must include a copy of, or the Uniform Resource Identifier 188 for, this License or other license specified in the previous sentence with 189 every copy or phonorecord of each Derivative Work You distribute, publicly 190 display, publicly perform, or publicly digitally perform. You may not offer 191 or impose any terms on the Derivative Works that alter or restrict the terms 192 of this License or the recipients' exercise of the rights granted hereunder, 193 and You must keep intact all notices that refer to this License and to the 194 disclaimer of warranties. You may not distribute, publicly display, publicly 195 perform, or publicly digitally perform the Derivative Work with any 196 technological measures that control access or use of the Work in a manner 197 inconsistent with the terms of this License Agreement. The above applies to 198 the Derivative Work as incorporated in a Collective Work, but this does not 199 require the Collective Work apart from the Derivative Work itself to be made 200 subject to the terms of this License.</para> 201 </listitem> 202 203 <listitem> 204 <para>You may not exercise any of the rights granted to You in 205 Section 3 above in any manner that is primarily intended for or directed 206 toward commercial advantage or private monetary compensation. The exchange of 207 the Work for other copyrighted works by means of digital file-sharing or 208 otherwise shall not be considered to be intended for or directed toward 209 commercial advantage or private monetary compensation, provided there is no 210 payment of any monetary compensation in connection with the exchange of 211 copyrighted works.</para> 212 </listitem> 213 214 <listitem> 215 <para>If you distribute, publicly display, publicly perform, or 216 publicly digitally perform the Work or any Derivative Works or Collective 217 Works, You must keep intact all copyright notices for the Work and give the 218 Original Author credit reasonable to the medium or means You are utilizing by 219 conveying the name (or pseudonym if applicable) of the Original Author if 220 supplied; the title of the Work if supplied; to the extent reasonably 221 practicable, the Uniform Resource Identifier, if any, that Licensor specifies 222 to be associated with the Work, unless such URI does not refer to the 223 copyright notice or licensing information for the Work; and in the case of a 224 Derivative Work, a credit identifying the use of the Work in the Derivative 225 Work (e.g., "French translation of the Work by Original Author," or 226 "Screenplay based on original Work by Original Author"). Such credit may be 227 implemented in any reasonable manner; provided, however, that in the case of 228 a Derivative Work or Collective Work, at a minimum such credit will appear 229 where any other comparable authorship credit appears and in a manner at least 230 as prominent as such other comparable authorship credit.</para> 231 </listitem> 232 233 234 <listitem> 235 <para>For the avoidance of doubt, where the Work is a musical 236 composition:</para> 237 238 <orderedlist numeration='lowerroman'> 239 240 <listitem> 241 <para>Performance Royalties Under Blanket Licenses. Licensor 242 reserves the exclusive right to collect, whether individually or via a 243 performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the 244 public performance or public digital performance (e.g. webcast) of the 245 Work if that performance is primarily intended for or directed toward 246 commercial advantage or private monetary compensation.</para> 247 </listitem> 248 249 <listitem> 250 <para>Mechanical Rights and Statutory Royalties. Licensor 251 reserves the exclusive right to collect, whether individually or via a 252 music rights agency or designated agent (e.g. Harry Fox Agency), 253 royalties for any phonorecord You create from the Work ("cover 254 version") and distribute, subject to the compulsory license created 255 by 17 USC Section 115 of the US Copyright Act (or the equivalent in 256 other jurisdictions), if Your distribution of such cover version is primarily 257 intended for or directed toward commercial advantage or private monetary 258 compensation. 6. Webcasting Rights and Statutory Royalties. For the 259 avoidance of doubt, where the Work is a sound recording, Licensor 260 reserves the exclusive right to collect, whether individually or via a 261 performance-rights society (e.g. SoundExchange), royalties for the public 262 digital performance (e.g. webcast) of the Work, subject to the compulsory 263 license created by 17 USC Section 114 of the US Copyright Act (or the 264 equivalent in other jurisdictions), if Your public digital performance is 265 primarily intended for or directed toward commercial advantage or private 266 monetary compensation.</para> 267 </listitem> 268 269 </orderedlist> 270 </listitem> 271 272 <listitem> 273 <para>Webcasting Rights and Statutory Royalties. For the 274 avoidance of doubt, where the Work is a sound recording, Licensor reserves 275 the exclusive right to collect, whether individually or via a 276 performance-rights society (e.g. SoundExchange), royalties for the public 277 digital performance (e.g. webcast) of the Work, subject to the compulsory 278 license created by 17 USC Section 114 of the US Copyright Act (or the 279 equivalent in other jurisdictions), if Your public digital performance is 280 primarily intended for or directed toward commercial advantage or private 281 monetary compensation.</para> 282 </listitem> 283 284 </orderedlist> 285 </listitem> 286 287 <listitem> 288 <para>Representations, Warranties and Disclaimer</para> 289 290 <para>UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR 291 OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND 292 CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, 293 WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A 294 PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, 295 ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. 296 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH 297 EXCLUSION MAY NOT APPLY TO YOU.</para> 298 </listitem> 299 300 <listitem> 301 <para>Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY 302 APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY 303 FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES 304 ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN 305 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</para> 306 </listitem> 307 308 <listitem> 309 <para>Termination</para> 310 311 <orderedlist numeration='loweralpha'> 312 313 <listitem> 314 <para>This License and the rights granted hereunder will terminate 315 automatically upon any breach by You of the terms of this License. 316 Individuals or entities who have received Derivative Works or Collective 317 Works from You under this License, however, will not have their licenses 318 terminated provided such individuals or entities remain in full compliance 319 with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any 320 termination of this License.</para> 321 </listitem> 322 323 <listitem> 324 <para>Subject to the above terms and conditions, the license 325 granted here is perpetual (for the duration of the applicable copyright in 326 the Work). Notwithstanding the above, Licensor reserves the right to release 327 the Work under different license terms or to stop distributing the Work at 328 any time; provided, however that any such election will not serve to withdraw 329 this License (or any other license that has been, or is required to be, 330 granted under the terms of this License), and this License will continue in 331 full force and effect unless terminated as stated above.</para> 332 </listitem> 333 334 </orderedlist> 335 </listitem> 336 337 <listitem> 338 <para>Miscellaneous</para> 339 340 <orderedlist numeration='loweralpha'> 341 342 <listitem> 343 <para>Each time You distribute or publicly digitally perform the 344 Work or a Collective Work, the Licensor offers to the recipient a license to 345 the Work on the same terms and conditions as the license granted to You under 346 this License.</para> 347 </listitem> 348 349 <listitem> 350 <para>Each time You distribute or publicly digitally perform a 351 Derivative Work, Licensor offers to the recipient a license to the original 352 Work on the same terms and conditions as the license granted to You under 353 this License.</para> 354 </listitem> 355 356 <listitem> 357 <para>If any provision of this License is invalid or unenforceable 358 under applicable law, it shall not affect the validity or enforceability of 359 the remainder of the terms of this License, and without further action by the 360 parties to this agreement, such provision shall be reformed to the minimum 361 extent necessary to make such provision valid and 362 enforceable.</para> 363 </listitem> 364 365 <listitem> 366 <para>No term or provision of this License shall be deemed waived 367 and no breach consented to unless such waiver or consent shall be in writing 368 and signed by the party to be charged with such waiver or 369 consent.</para> 370 </listitem> 371 372 <listitem> 373 <para>This License constitutes the entire agreement between the 374 parties with respect to the Work licensed here. There are no understandings, 375 agreements or representations with respect to the Work not specified here. 376 Licensor shall not be bound by any additional provisions that may appear in 377 any communication from You. This License may not be modified without the 378 mutual written agreement of the Licensor and You.</para> 379 </listitem> 380 381 382 </orderedlist> 383 </listitem> 80 384 </orderedlist> 81 </listitem> 82 83 <listitem><para>Fair Use Rights. Nothing in this license is intended to reduce, 84 limit, or restrict any rights arising from fair use, first sale or other 85 limitations on the exclusive rights of the copyright owner under copyright law 86 or other applicable laws.</para></listitem> 87 88 89 <listitem><para>License Grant. Subject to the terms and conditions of this 90 License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, 91 perpetual (for the duration of the applicable copyright) license to exercise 92 the rights in the Work as stated below:</para> 93 94 <orderedlist numeration='loweralpha'> 95 96 <listitem><para>to reproduce the Work, to incorporate the Work into one or 97 more Collective Works, and to reproduce the Work as incorporated in the 98 Collective Works;</para></listitem> 99 100 <listitem><para>to create and reproduce Derivative Works;</para></listitem> 101 102 <listitem><para>to distribute copies or phonorecords of, display publicly, 103 perform publicly, and perform publicly by means of a digital audio 104 transmission the Work including as incorporated in Collective 105 Works;</para></listitem> 106 107 <listitem><para>to distribute copies or phonorecords of, display publicly, 108 perform publicly, and perform publicly by means of a digital audio 109 transmission Derivative Works;</para></listitem> 110 111 </orderedlist> 112 113 <para>The above rights may be exercised in all media and formats whether now 114 known or hereafter devised. The above rights include the right to make such 115 modifications as are technically necessary to exercise the rights in other 116 media and formats. All rights not expressly granted by Licensor are hereby 117 reserved, including but not limited to the rights set forth in Sections 4(e) 118 and 4(f).</para> 119 120 </listitem> 121 122 <listitem><para>Restrictions.The license granted in Section 3 above is 123 expressly made subject to and limited by the following 124 restrictions:</para> 125 126 <orderedlist numeration='loweralpha'> 127 128 <listitem><para>You may distribute, publicly display, publicly perform, or 129 publicly digitally perform the Work only under the terms of this License, and 130 You must include a copy of, or the Uniform Resource Identifier for, this 131 License with every copy or phonorecord of the Work You distribute, publicly 132 display, publicly perform, or publicly digitally perform. You may not offer 133 or impose any terms on the Work that alter or restrict the terms of this 134 License or the recipients' exercise of the rights granted hereunder. You may 135 not sublicense the Work. You must keep intact all notices that refer to this 136 License and to the disclaimer of warranties. You may not distribute, publicly 137 display, publicly perform, or publicly digitally perform the Work with any 138 technological measures that control access or use of the Work in a manner 139 inconsistent with the terms of this License Agreement. The above applies to 140 the Work as incorporated in a Collective Work, but this does not require the 141 Collective Work apart from the Work itself to be made subject to the terms of 142 this License. If You create a Collective Work, upon notice from any Licensor 143 You must, to the extent practicable, remove from the Collective Work any 144 reference to such Licensor or the Original Author, as requested. If You 145 create a Derivative Work, upon notice from any Licensor You must, to the 146 extent practicable, remove from the Derivative Work any reference to such 147 Licensor or the Original Author, as requested.</para></listitem> 148 149 <listitem><para>You may distribute, publicly display, publicly perform, or 150 publicly digitally perform a Derivative Work only under the terms of this 151 License, a later version of this License with the same License Elements as 152 this License, or a Creative Commons iCommons license that contains the same 153 License Elements as this License (e.g. Attribution-NonCommercial-ShareAlike 154 2.0 Japan). You must include a copy of, or the Uniform Resource Identifier 155 for, this License or other license specified in the previous sentence with 156 every copy or phonorecord of each Derivative Work You distribute, publicly 157 display, publicly perform, or publicly digitally perform. You may not offer 158 or impose any terms on the Derivative Works that alter or restrict the terms 159 of this License or the recipients' exercise of the rights granted hereunder, 160 and You must keep intact all notices that refer to this License and to the 161 disclaimer of warranties. You may not distribute, publicly display, publicly 162 perform, or publicly digitally perform the Derivative Work with any 163 technological measures that control access or use of the Work in a manner 164 inconsistent with the terms of this License Agreement. The above applies to 165 the Derivative Work as incorporated in a Collective Work, but this does not 166 require the Collective Work apart from the Derivative Work itself to be made 167 subject to the terms of this License.</para></listitem> 168 169 <listitem><para>You may not exercise any of the rights granted to You in 170 Section 3 above in any manner that is primarily intended for or directed 171 toward commercial advantage or private monetary compensation. The exchange of 172 the Work for other copyrighted works by means of digital file-sharing or 173 otherwise shall not be considered to be intended for or directed toward 174 commercial advantage or private monetary compensation, provided there is no 175 payment of any monetary compensation in connection with the exchange of 176 copyrighted works.</para></listitem> 177 178 <listitem><para>If you distribute, publicly display, publicly perform, or 179 publicly digitally perform the Work or any Derivative Works or Collective 180 Works, You must keep intact all copyright notices for the Work and give the 181 Original Author credit reasonable to the medium or means You are utilizing by 182 conveying the name (or pseudonym if applicable) of the Original Author if 183 supplied; the title of the Work if supplied; to the extent reasonably 184 practicable, the Uniform Resource Identifier, if any, that Licensor specifies 185 to be associated with the Work, unless such URI does not refer to the 186 copyright notice or licensing information for the Work; and in the case of a 187 Derivative Work, a credit identifying the use of the Work in the Derivative 188 Work (e.g., "French translation of the Work by Original Author," or 189 "Screenplay based on original Work by Original Author"). Such credit may be 190 implemented in any reasonable manner; provided, however, that in the case of 191 a Derivative Work or Collective Work, at a minimum such credit will appear 192 where any other comparable authorship credit appears and in a manner at least 193 as prominent as such other comparable authorship credit.</para></listitem> 194 195 196 <listitem><para>For the avoidance of doubt, where the Work is a musical 197 composition:</para> 198 199 <orderedlist numeration='lowerroman'> 200 201 <listitem><para>Performance Royalties Under Blanket Licenses. Licensor 202 reserves the exclusive right to collect, whether individually or via a 203 performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the 204 public performance or public digital performance (e.g. webcast) of the Work 205 if that performance is primarily intended for or directed toward commercial 206 advantage or private monetary compensation.</para></listitem> 207 208 <listitem><para>Mechanical Rights and Statutory Royalties. Licensor 209 reserves the exclusive right to collect, whether individually or via a 210 music rights agency or designated agent (e.g. Harry Fox Agency), royalties 211 for any phonorecord You create from the Work ("cover version") and 212 distribute, subject to the compulsory license created by 17 USC Section 115 213 of the US Copyright Act (or the equivalent in other jurisdictions), if Your 214 distribution of such cover version is primarily intended for or directed 215 toward commercial advantage or private monetary compensation. 6. 216 Webcasting Rights and Statutory Royalties. For the avoidance of doubt, 217 where the Work is a sound recording, Licensor reserves the exclusive right 218 to collect, whether individually or via a performance-rights society (e.g. 219 SoundExchange), royalties for the public digital performance (e.g. webcast) 220 of the Work, subject to the compulsory license created by 17 USC Section 221 114 of the US Copyright Act (or the equivalent in other jurisdictions), if 222 Your public digital performance is primarily intended for or directed 223 toward commercial advantage or private monetary 224 compensation.</para></listitem> 225 226 </orderedlist> 227 </listitem> 228 229 <listitem><para>Webcasting Rights and Statutory Royalties. For the 230 avoidance of doubt, where the Work is a sound recording, Licensor reserves 231 the exclusive right to collect, whether individually or via a 232 performance-rights society (e.g. SoundExchange), royalties for the public 233 digital performance (e.g. webcast) of the Work, subject to the compulsory 234 license created by 17 USC Section 114 of the US Copyright Act (or the 235 equivalent in other jurisdictions), if Your public digital performance is 236 primarily intended for or directed toward commercial advantage or private 237 monetary compensation.</para></listitem> 238 239 </orderedlist> 240 </listitem> 241 242 <listitem><para>Representations, Warranties and Disclaimer</para> 243 244 <para>UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR 245 OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND 246 CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, 247 WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A 248 PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, 249 ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. 250 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH 251 EXCLUSION MAY NOT APPLY TO YOU.</para> 252 253 </listitem> 254 255 <listitem><para>Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY 256 APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY 257 FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES 258 ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN 259 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</para></listitem> 260 261 <listitem><para>Termination</para> 262 263 <orderedlist numeration='loweralpha'> 264 265 <listitem><para>This License and the rights granted hereunder will terminate 266 automatically upon any breach by You of the terms of this License. 267 Individuals or entities who have received Derivative Works or Collective 268 Works from You under this License, however, will not have their licenses 269 terminated provided such individuals or entities remain in full compliance 270 with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any 271 termination of this License.</para></listitem> 272 273 <listitem><para>Subject to the above terms and conditions, the license 274 granted here is perpetual (for the duration of the applicable copyright in 275 the Work). 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Notwithstanding the foregoing two (2) 328 sentences, if Creative Commons has expressly identified itself as the Licensor 329 hereunder, it shall have all rights and obligations of Licensor.</para> 330 331 <para>Except for the limited purpose of indicating to the public that the Work is 332 licensed under the CCPL, neither party will use the trademark "Creative 333 Commons" or any related trademark or logo of Creative Commons without the prior 334 written consent of Creative Commons. Any permitted use will be in compliance 335 with Creative Commons' then-current trademark usage guidelines, as may be 336 published on its website or otherwise made available upon request from time to 337 time.</para> 338 339 <para>Creative Commons may be contacted at <ulink url='http://creativecommons.org/' />.</para> 340 </important> 341 342 385 386 <important> 387 <para>Creative Commons is not a party to this License, and makes no warranty 388 whatsoever in connection with the Work. Creative Commons will not be liable to 389 You or any party on any legal theory for any damages whatsoever, including 390 without limitation any general, special, incidental or consequential damages 391 arising in connection to this license. Notwithstanding the foregoing two (2) 392 sentences, if Creative Commons has expressly identified itself as the Licensor 393 hereunder, it shall have all rights and obligations of Licensor.</para> 394 395 <para>Except for the limited purpose of indicating to the public that the Work is 396 licensed under the CCPL, neither party will use the trademark "Creative 397 Commons" or any related trademark or logo of Creative Commons without the prior 398 written consent of Creative Commons. 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