path: root/licenses/CCPL-Attribution-NonCommercial-ShareAlike-2.5

Attribution-NonCommercial-ShareAlike 2.5
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1. Definitions

   1. "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in 
unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are 
assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined 
below) for the purposes of this License.
   2. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, 
musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, 
condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a 
Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work 
is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will 
be considered a Derivative Work for the purpose of this License.
   3. "Licensor" means the individual or entity that offers the Work under the terms of this License.
   4. "Original Author" means the individual or entity who created the Work.
   5. "Work" means the copyrightable work of authorship offered under the terms of this License.
   6. "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.
   7. "License Elements" means the following high-level license attributes as selected by Licensor and indicated in the title of 
this License: Attribution, Noncommercial, ShareAlike.

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

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:

   1. to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in 
the Collective Works;
   2. to create and reproduce Derivative Works;
   3. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio 
transmission the Work including as incorporated in Collective Works;
   4. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio 
transmission Derivative Works;

The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the 
right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not 
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4. Restrictions.The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:

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License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the 
Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the 
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access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as 
incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to 
the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, 
remove from the Collective Work any credit as required by clause 4(d), as requested. If You create a Derivative Work, upon notice 
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requested.
   2. You may distribute, publicly display, publicly perform, or publicly digitally perform a Derivative Work only under the terms 
of this License, a later version of this License with the same License Elements as this License, or a Creative Commons iCommons 
license that contains the same License Elements as this License (e.g. Attribution-NonCommercial-ShareAlike 2.5 Japan). You must 
include a copy of, or the Uniform Resource Identifier for, this License or other license specified in the previous sentence with 
every copy or phonorecord of each Derivative Work You distribute, publicly display, publicly perform, or publicly digitally perform. 
You may not offer or impose any terms on the Derivative Works that alter or restrict the terms of this License or the recipients' 
exercise of the rights granted hereunder, and You must keep intact all notices that refer to this License and to the disclaimer of 
warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Derivative Work with any 
technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The 
above applies to the Derivative Work as incorporated in a Collective Work, but this does not require the Collective Work apart from 
the Derivative Work itself to be made subject to the terms of this License.
   3. You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or 
directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means 
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utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or (ii) if the Original Author and/or 
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supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated 
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Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original 
Author," or "Screenplay based on original Work by Original Author"). Such credit may be implemented in any reasonable manner; 
provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other 
comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
   5.

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

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

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

   1. Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a 
license to the Work on the same terms and conditions as the license granted to You under this License.
   2. Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the 
original Work on the same terms and conditions as the license granted to You under this License.
   3. 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.
   4. 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.
   5. 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.


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