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authorSantiago M. Mola <coldwind@gentoo.org>2007-08-13 19:01:53 +0000
committerSantiago M. Mola <coldwind@gentoo.org>2007-08-13 19:01:53 +0000
commiteb8fae8aa6385c831ae329c198063d978d1837f6 (patch)
treeff66585e0327ba17fa7f54b27c1f009b5977d111 /licenses
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+Creative Commons Attribution 3.0 License Agreement
+
+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.
+
+License
+
+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.
+
+BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE
+CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
+
+1. Definitions
+
+ a. "Adaptation" means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work,
+arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any
+other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work
+that constitutes a Collection will not be considered an Adaptation for the purpose of this License. For the avoidance of doubt, where the Work is a
+musical work, performance or phonogram, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered an
+Adaptation for the purpose of this License.
+ b. "Collection" means a collection of literary or artistic works, such as encyclopedias and anthologies, or performances, phonograms or broadcasts,
+or other works or subject matter other than works listed in Section 1(f) below, which, by reason of the selection and arrangement of their contents,
+constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each
+constituting separate and independent works in themselves, which together are assembled into a collective whole. A work that constitutes a Collection
+will not be considered an Adaptation (as defined above) for the purposes of this License.
+ c. "Distribute" means to make available to the public the original and copies of the Work or Adaptation, as appropriate, through sale or other
+transfer of ownership.
+ d. "Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this License.
+ e. "Original Author" means, in the case of a literary or artistic work, the individual, individuals, entity or entities who created the Work or if
+no individual or entity can be identified, the publisher; and in addition (i) in the case of a performance the actors, singers, musicians, dancers, and
+other persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary or artistic works or expressions of folklore; (ii) in
+the case of a phonogram the producer being the person or legal entity who first fixes the sounds of a performance or other sounds; and, (iii) in the
+case of broadcasts, the organization that transmits the broadcast.
+ f. "Work" means the literary and/or artistic work offered under the terms of this License including without limitation any production in the
+literary, scientific and artistic domain, whatever may be the mode or form of its expression including digital form, such as a book, pamphlet and other
+writing; a lecture, address, sermon or other work of the same nature; a dramatic or dramatico-musical work; a choreographic work or entertainment in
+dumb show; a musical composition with or without words; a cinematographic work to which are assimilated works expressed by a process analogous to
+cinematography; a work of drawing, painting, architecture, sculpture, engraving or lithography; a photographic work to which are assimilated works
+expressed by a process analogous to photography; a work of applied art; an illustration, map, plan, sketch or three-dimensional work relative to
+geography, topography, architecture or science; a performance; a broadcast; a phonogram; a compilation of data to the extent it is protected as a
+copyrightable work; or a work performed by a variety or circus performer to the extent it is not otherwise considered a literary or artistic work.
+ g. "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.
+ h. "Publicly Perform" means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or
+process, including by wire or wireless means or public digital performances; to make available to the public Works in such a way that members of the
+public may access these Works from a place and at a place individually chosen by them; to perform the Work to the public by any means or process and
+the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any
+means including signs, sounds or images.
+ i. "Reproduce" means to make copies of the Work by any means including without limitation by sound or visual recordings and the right of fixation
+and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or other electronic medium.
+
+2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from
+limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.
+
+3. 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:
+
+ a. to Reproduce the Work, to incorporate the Work into one or more Collections, and to Reproduce the Work as incorporated in the Collections;
+ b. to create and Reproduce Adaptations provided that any such Adaptation, including any translation in any medium, takes reasonable steps to clearly
+label, demarcate or otherwise identify that changes were made to the original Work. For example, a translation could be marked "The original work was
+translated from English to Spanish," or a modification could indicate "The original work has been modified.";
+ c. to Distribute and Publicly Perform the Work including as incorporated in Collections; and,
+ d. to Distribute and Publicly Perform Adaptations.
+ d.
+
+ For the avoidance of doubt:
+ i. Non-waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory
+licensing scheme cannot be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by You of the rights granted
+under this License;
+ ii. Waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory
+licensing scheme can be waived, the Licensor waives the exclusive right to collect such royalties for any exercise by You of the rights granted under
+this License; and,
+ iii. Voluntary License Schemes. The Licensor waives the right to collect royalties, whether individually or, in the event that the Licensor is a
+member of a collecting society that administers voluntary licensing schemes, via that society, from any exercise by You of the rights granted under
+this License.
+
+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. Subject to Section 8(f), all rights not expressly granted
+by Licensor are hereby reserved.
+
+4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
+
+ a. You may Distribute or Publicly Perform the Work only under the terms of this License. You must include a copy of, or the Uniform Resource
+Identifier (URI) for, this License with every copy of the Work You Distribute or Publicly Perform. You may not offer or impose any terms on the Work
+that restrict the terms of this License or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of
+the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties with
+every copy of the Work You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work, You may not impose any effective
+technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under
+the terms of the License. This Section 4(a) applies to the Work as incorporated in a Collection, but this does not require the Collection apart from
+the Work itself to be made subject to the terms of this License. If You create a Collection, upon notice from any Licensor You must, to the extent
+practicable, remove from the Collection any credit as required by Section 4(b), as requested. If You create an Adaptation, upon notice from any
+Licensor You must, to the extent practicable, remove from the Adaptation any credit as required by Section 4(b), as requested.
+ b. If You Distribute, or Publicly Perform the Work or any Adaptations or Collections, You must, unless a request has been made pursuant to Section
+4(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original
+Author (or pseudonym, if applicable) if supplied, and/or if the Original Author and/or Licensor designate another party or parties (e.g., a sponsor
+institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable
+means, the name of such party or parties; (ii) the title of the Work if supplied; (iii) to the extent reasonably practicable, the URI, 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
+(iv) , consistent with Section 3(b), in the case of an Adaptation, a credit identifying the use of the Work in the Adaptation (e.g., "French
+translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). The credit required by this Section 4 (b) may
+be implemented in any reasonable manner; provided, however, that in the case of a Adaptation or Collection, at a minimum such credit will appear, if a
+credit for all contributing authors of the Adaptation or Collection appears, then as part of these credits and in a manner at least as prominent as the
+credits for the other contributing authors. For the avoidance of doubt, You may only use the credit required by this Section for the purpose of
+attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any
+connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the
+Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.
+ c. Except as otherwise agreed in writing by the Licensor or as may be otherwise permitted by applicable law, if You Reproduce, Distribute or
+Publicly Perform the Work either by itself or as part of any Adaptations or Collections, You must not distort, mutilate, modify or take other
+derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation. Licensor agrees that in those
+jurisdictions (e.g. Japan), in which any exercise of the right granted in Section 3(b) of this License (the right to make Adaptations) would be deemed
+to be a distortion, mutilation, modification or other derogatory action prejudicial to the Original Author's honor and reputation, the Licensor will
+waive or not assert, as appropriate, this Section, to the fullest extent permitted by the applicable national law, to enable You to reasonably exercise
+Your right under Section 3(b) of this License (right to make Adaptations) but not otherwise.
+
+5. Representations, Warranties and Disclaimer
+
+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.
+
+6. 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.
+
+7. Termination
+
+ a. 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 Adaptations or Collections 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.
+ b. 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.
+
+8. Miscellaneous
+
+ a. Each time You Distribute or Publicly Perform the Work or a Collection, 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.
+ b. Each time You Distribute or Publicly Perform an Adaptation, 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.
+ c. 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.
+ d. 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.
+ e. 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.
+ f. The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for
+the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the
+WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter
+take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to the corresponding provisions of the
+implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law
+includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not
+intended to restrict the license of any rights under applicable law.
+
+ Creative Commons Notice
+
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