| | 1 | <?xml version="1.0" encoding="ISO-8859-1"?> |
| | 2 | <!DOCTYPE appendix PUBLIC "-//OASIS//DTD DocBook XML V4.4//EN" |
| | 3 | "http://www.oasis-open.org/docbook/xml/4.4/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 | <othername>$LastChangedBy: bdubbs $</othername> |
| | 13 | <date>$Date: 2005-08-01 14:29:19 -0500 (Mon, 01 Aug 2005) $</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> |
| | 384 | </orderedlist> |
| | 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. Any permitted use will be in compliance |
| | 399 | with Creative Commons' then-current trademark usage guidelines, as may be |
| | 400 | published on its website or otherwise made available upon request from time to |
| | 401 | time.</para> |
| | 402 | |
| | 403 | <para>Creative Commons may be contacted at <ulink url='http://creativecommons.org/' />.</para> |
| | 404 | </important> |
| | 405 | |
| | 406 | |
| | 407 | </appendix> |
