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249 lines
14 KiB
249 lines
14 KiB
Creative Commons Attribution 3.0 United States
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
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SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT
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RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS.
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CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND
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DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
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License
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS
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PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR
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OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS
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LICENSE OR COPYRIGHT LAW IS PROHIBITED.
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO
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BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED
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TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION
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OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
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1. Definitions
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a. "Collective Work" means a work, such as a periodical issue, anthology or
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encyclopedia, in which the Work in its entirety in unmodified form, along
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with one or more other contributions, constituting separate and independent
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works in themselves, are assembled into a collective whole. A work that constitutes
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a Collective Work will not be considered a Derivative Work (as defined below)
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for the purposes of this License.
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b. "Derivative Work" means a work based upon the Work or upon the Work and
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other pre-existing works, such as a translation, musical arrangement, dramatization,
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fictionalization, motion picture version, sound recording, art reproduction,
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abridgment, condensation, or any other form in which the Work may be recast,
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transformed, or adapted, except that a work that constitutes a Collective
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Work will not be considered a Derivative Work for the purpose of this License.
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For the avoidance of doubt, where the Work is a musical composition or sound
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recording, the synchronization of the Work in timed-relation with a moving
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image ("synching") will be considered a Derivative Work for the purpose of
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this License.
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c. "Licensor" means the individual, individuals, entity or entities that offers
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the Work under the terms of this License.
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d. "Original Author" means the individual, individuals, entity or entities
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who created the Work.
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e. "Work" means the copyrightable work of authorship offered under the terms
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of this License.
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f. "You" means an individual or entity exercising rights under this License
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who has not previously violated the terms of this License with respect to
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the Work, or who has received express permission from the Licensor to exercise
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rights under this License despite a previous violation.
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2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
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or restrict any rights arising from fair use, first sale or other limitations
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on the exclusive rights of the copyright owner under copyright law or other
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applicable laws.
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3. License Grant. Subject to the terms and conditions of this License, Licensor
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hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for
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the duration of the applicable copyright) license to exercise the rights in
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the Work as stated below:
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a. to reproduce the Work, to incorporate the Work into one or more Collective
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Works, and to reproduce the Work as incorporated in the Collective Works;
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b. to create and reproduce Derivative Works provided that any such Derivative
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Work, including any translation in any medium, takes reasonable steps to clearly
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label, demarcate or otherwise identify that changes were made to the original
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Work. For example, a translation could be marked "The original work was translated
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from English to Spanish," or a modification could indicate "The original work
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has been modified.";;
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c. to distribute copies or phonorecords of, display publicly, perform publicly,
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and perform publicly by means of a digital audio transmission the Work including
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as incorporated in Collective Works;
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d. to distribute copies or phonorecords of, display publicly, perform publicly,
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and perform publicly by means of a digital audio transmission Derivative Works.
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e. For the avoidance of doubt, where the Work is a musical composition:
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i. Performance Royalties Under Blanket Licenses. Licensor waives the exclusive
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right to collect, whether individually or, in the event that Licensor is a
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member of a performance rights society (e.g. ASCAP, BMI, SESAC), via that
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society, royalties for the public performance or public digital performance
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(e.g. webcast) of the Work.
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ii. Mechanical Rights and Statutory Royalties. Licensor waives the exclusive
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right to collect, whether individually or via a music rights agency or designated
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agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from
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the Work ("cover version") and distribute, subject to the compulsory license
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created by 17 USC Section 115 of the US Copyright Act (or the equivalent in
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other jurisdictions).
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f. Webcasting Rights and Statutory Royalties. For the avoidance of doubt,
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where the Work is a sound recording, Licensor waives the exclusive right to
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collect, whether individually or via a performance-rights society (e.g. SoundExchange),
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royalties for the public digital performance (e.g. webcast) of the Work, subject
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to the compulsory license created by 17 USC Section 114 of the US Copyright
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Act (or the equivalent in other jurisdictions).
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The above rights may be exercised in all media and formats whether now known
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or hereafter devised. The above rights include the right to make such modifications
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as are technically necessary to exercise the rights in other media and formats.
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All rights not expressly granted by Licensor are hereby reserved.
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4. Restrictions. The license granted in Section 3 above is expressly made
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subject to and limited by the following restrictions:
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a. You may distribute, publicly display, publicly perform, or publicly digitally
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perform the Work only under the terms of this License, and You must include
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a copy of, or the Uniform Resource Identifier for, this License with every
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copy or phonorecord of the Work You distribute, publicly display, publicly
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perform, or publicly digitally perform. You may not offer or impose any terms
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on the Work that restrict the terms of this License or the ability of a recipient
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of the Work to exercise the rights granted to that recipient under the terms
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of the License. You may not sublicense the Work. You must keep intact all
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notices that refer to this License and to the disclaimer of warranties. When
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You distribute, publicly display, publicly perform, or publicly digitally
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perform the Work, You may not impose any technological measures on the Work
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that restrict the ability of a recipient of the Work from You to exercise
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the rights granted to that recipient under the terms of the License. This
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Section 4(a) applies to the Work as incorporated in a Collective Work, but
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this does not require the Collective Work apart from the Work itself to be
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made subject to the terms of this License. If You create a Collective Work,
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upon notice from any Licensor You must, to the extent practicable, remove
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from the Collective Work any credit as required by Section 4(b), as requested.
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If You create a Derivative Work, upon notice from any Licensor You must, to
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the extent practicable, remove from the Derivative Work any credit as required
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by Section 4(b), as requested.
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b. If You distribute, publicly display, publicly perform, or publicly digitally
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perform the Work (as defined in Section 1 above) or any Derivative Works (as
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defined in Section 1 above) or Collective Works (as defined in Section 1 above),
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You must, unless a request has been made pursuant to Section 4(a), keep intact
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all copyright notices for the Work and provide, reasonable to the medium or
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means You are utilizing: (i) the name of the Original Author (or pseudonym,
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if applicable) if supplied, and/or (ii) if the Original Author and/or Licensor
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designate another party or parties (e.g. a sponsor institute, publishing entity,
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journal) for attribution ("Attribution Parties") in Licensor's copyright notice,
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terms of service or by other reasonable means, the name of such party or parties;
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the title of the Work if supplied; to the extent reasonably practicable, the
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Uniform Resource Identifier, if any, that Licensor specifies to be associated
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with the Work, unless such URI does not refer to the copyright notice or licensing
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information for the Work; and, consistent with Section 3(b) in the case of
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a Derivative Work, a credit identifying the use of the Work in the Derivative
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Work (e.g., "French translation of the Work by Original Author," or "Screenplay
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based on original Work by Original Author"). The credit required by this Section
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4(b) may be implemented in any reasonable manner; provided, however, that
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in the case of a Derivative Work or Collective Work, at a minimum such credit
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will appear, if a credit for all contributing authors of the Derivative Work
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or Collective Work appears, then as part of these credits and in a manner
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at least as prominent as the credits for the other contributing authors. For
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the avoidance of doubt, You may only use the credit required by this Section
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for the purpose of attribution in the manner set out above and, by exercising
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Your rights under this License, You may not implicitly or explicitly assert
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or imply any connection with, sponsorship or endorsement by the Original Author,
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Licensor and/or Attribution Parties, as appropriate, of You or Your use of
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the Work, without the separate, express prior written permission of the Original
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Author, Licensor and/or Attribution Parties.
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5. Representations, Warranties and Disclaimer
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS
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THE WORK AS-IS AND ONLY TO THE EXTENT OF ANY RIGHTS HELD IN THE LICENSED WORK
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BY THE LICENSOR. THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
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KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
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WITHOUT LIMITATION, WARRANTIES OF TITLE, MARKETABILITY, MERCHANTIBILITY, FITNESS
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FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER
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DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.
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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH
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EXCLUSION MAY NOT APPLY TO YOU.
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6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW,
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IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
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INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS
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LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY
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OF SUCH DAMAGES.
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7. Termination
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a. This License and the rights granted hereunder will terminate automatically
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upon any breach by You of the terms of this License. Individuals or entities
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who have received Derivative Works (as defined in Section 1 above) or Collective
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Works (as defined in Section 1 above) from You under this License, however,
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will not have their licenses terminated provided such individuals or entities
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remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and
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8 will survive any termination of this License.
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b. Subject to the above terms and conditions, the license granted here is
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perpetual (for the duration of the applicable copyright in the Work). Notwithstanding
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the above, Licensor reserves the right to release the Work under different
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license terms or to stop distributing the Work at any time; provided, however
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that any such election will not serve to withdraw this License (or any other
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license that has been, or is required to be, granted under the terms of this
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License), and this License will continue in full force and effect unless terminated
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as stated above.
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8. Miscellaneous
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a. Each time You distribute or publicly digitally perform the Work (as defined
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in Section 1 above) or a Collective Work (as defined in Section 1 above),
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the Licensor offers to the recipient a license to the Work on the same terms
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and conditions as the license granted to You under this License.
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b. Each time You distribute or publicly digitally perform a Derivative Work,
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Licensor offers to the recipient a license to the original Work on the same
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terms and conditions as the license granted to You under this License.
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c. If any provision of this License is invalid or unenforceable under applicable
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law, it shall not affect the validity or enforceability of the remainder of
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the terms of this License, and without further action by the parties to this
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agreement, such provision shall be reformed to the minimum extent necessary
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to make such provision valid and enforceable.
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d. No term or provision of this License shall be deemed waived and no breach
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consented to unless such waiver or consent shall be in writing and signed
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by the party to be charged with such waiver or consent.
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e. This License constitutes the entire agreement between the parties with
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respect to the Work licensed here. There are no understandings, agreements
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or representations with respect to the Work not specified here. Licensor shall
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not be bound by any additional provisions that may appear in any communication
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from You. This License may not be modified without the mutual written agreement
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of the Licensor and You.
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Creative Commons Notice
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Creative Commons is not a party to this License, and makes no warranty whatsoever
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in connection with the Work. Creative Commons will not be liable to You or
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any party on any legal theory for any damages whatsoever, including without
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limitation any general, special, incidental or consequential damages arising
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in connection to this license. Notwithstanding the foregoing two (2) sentences,
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if Creative Commons has expressly identified itself as the Licensor hereunder,
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it shall have all rights and obligations of Licensor.
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Except for the limited purpose of indicating to the public that the Work is
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licensed under the CCPL, Creative Commons does not authorize the use by either
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party of the trademark "Creative Commons" or any related trademark or logo
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of Creative Commons without the prior written consent of Creative Commons.
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Any permitted use will be in compliance with Creative Commons' then-current
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trademark usage guidelines, as may be published on its website or otherwise
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made available upon request from time to time. For the avoidance of doubt,
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this trademark restriction does not form part of the License.
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Creative Commons may be contacted at https://creativecommons.org/.
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