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     3 Creative Commons Legal Code

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     5 *Attribution 2.5*

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     7 CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE

     8 LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN

     9 ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION

    10 ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE

    11 INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM

    12 ITS USE.

    13 

    14 /License/

    15 

    16 THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE

    17 COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY

    18 COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS

    19 AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.

    20 

    21 BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE

    22 TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE

    23 RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS

    24 AND CONDITIONS.

    25 

    26 *1. Definitions*

    27 

    28    1. *"Collective Work"* means a work, such as a periodical issue,

    29       anthology or encyclopedia, in which the Work in its entirety in

    30       unmodified form, along with a number of other contributions,

    31       constituting separate and independent works in themselves, are

    32       assembled into a collective whole. A work that constitutes a

    33       Collective Work will not be considered a Derivative Work (as

    34       defined below) for the purposes of this License.

    35    2. *"Derivative Work"* means a work based upon the Work or upon the

    36       Work and other pre-existing works, such as a translation, musical

    37       arrangement, dramatization, fictionalization, motion picture

    38       version, sound recording, art reproduction, abridgment,

    39       condensation, or any other form in which the Work may be recast,

    40       transformed, or adapted, except that a work that constitutes a

    41       Collective Work will not be considered a Derivative Work for the

    42       purpose of this License. For the avoidance of doubt, where the

    43       Work is a musical composition or sound recording, the

    44       synchronization of the Work in timed-relation with a moving image

    45       ("synching") will be considered a Derivative Work for the purpose

    46       of this License.

    47    3. *"Licensor"* means the individual or entity that offers the Work

    48       under the terms of this License.

    49    4. *"Original Author"* means the individual or entity who created the

    50       Work.

    51    5. *"Work"* means the copyrightable work of authorship offered under

    52       the terms of this License.

    53    6. *"You"* means an individual or entity exercising rights under this

    54       License who has not previously violated the terms of this License

    55       with respect to the Work, or who has received express permission

    56       from the Licensor to exercise rights under this License despite a

    57       previous violation.

    58 

    59 *2. Fair Use Rights.* Nothing in this license is intended to reduce,

    60 limit, or restrict any rights arising from fair use, first sale or other

    61 limitations on the exclusive rights of the copyright owner under

    62 copyright law or other applicable laws.

    63 

    64 *3. License Grant.* Subject to the terms and conditions of this License,

    65 Licensor hereby grants You a worldwide, royalty-free, non-exclusive,

    66 perpetual (for the duration of the applicable copyright) license to

    67 exercise the rights in the Work as stated below:

    68 

    69    1. to reproduce the Work, to incorporate the Work into one or more

    70       Collective Works, and to reproduce the Work as incorporated in the

    71       Collective Works;

    72    2. to create and reproduce Derivative Works;

    73    3. to distribute copies or phonorecords of, display publicly, perform

    74       publicly, and perform publicly by means of a digital audio

    75       transmission the Work including as incorporated in Collective Works;

    76    4. to distribute copies or phonorecords of, display publicly, perform

    77       publicly, and perform publicly by means of a digital audio

    78       transmission Derivative Works.

    79    5.

    80 

    81       For the avoidance of doubt, where the work is a musical composition:

    82 

    83          1. *Performance Royalties Under Blanket Licenses*. Licensor

    84             waives the exclusive right to collect, whether individually

    85             or via a performance rights society (e.g. ASCAP, BMI,

    86             SESAC), royalties for the public performance or public

    87             digital performance (e.g. webcast) of the Work.

    88          2. *Mechanical Rights and Statutory Royalties*. Licensor waives

    89             the exclusive right to collect, whether individually or via

    90             a music rights agency or designated agent (e.g. Harry Fox

    91             Agency), royalties for any phonorecord You create from the

    92             Work ("cover version") and distribute, subject to the

    93             compulsory license created by 17 USC Section 115 of the US

    94             Copyright Act (or the equivalent in other jurisdictions).

    95    6. *Webcasting Rights and Statutory Royalties*. For the avoidance of

    96       doubt, where the Work is a sound recording, Licensor waives the

    97       exclusive right to collect, whether individually or via a

    98       performance-rights society (e.g. SoundExchange), royalties for the

    99       public digital performance (e.g. webcast) of the Work, subject to

   100       the compulsory license created by 17 USC Section 114 of the US

   101       Copyright Act (or the equivalent in other jurisdictions).

   102 

   103 The above rights may be exercised in all media and formats whether now

   104 known or hereafter devised. The above rights include the right to make

   105 such modifications as are technically necessary to exercise the rights

   106 in other media and formats. All rights not expressly granted by Licensor

   107 are hereby reserved.

   108 

   109 *4. Restrictions.*The license granted in Section 3 above is expressly

   110 made subject to and limited by the following restrictions:

   111 

   112    1. You may distribute, publicly display, publicly perform, or

   113       publicly digitally perform the Work only under the terms of this

   114       License, and You must include a copy of, or the Uniform Resource

   115       Identifier for, this License with every copy or phonorecord of the

   116       Work You distribute, publicly display, publicly perform, or

   117       publicly digitally perform. You may not offer or impose any terms

   118       on the Work that alter or restrict the terms of this License or

   119       the recipients' exercise of the rights granted hereunder. You may

   120       not sublicense the Work. You must keep intact all notices that

   121       refer to this License and to the disclaimer of warranties. You may

   122       not distribute, publicly display, publicly perform, or publicly

   123       digitally perform the Work with any technological measures that

   124       control access or use of the Work in a manner inconsistent with

   125       the terms of this License Agreement. The above applies to the Work

   126       as incorporated in a Collective Work, but this does not require

   127       the Collective Work apart from the Work itself to be made subject

   128       to the terms of this License. If You create a Collective Work,

   129       upon notice from any Licensor You must, to the extent practicable,

   130       remove from the Collective Work any credit as required by clause

   131       4(b), as requested. If You create a Derivative Work, upon notice

   132       from any Licensor You must, to the extent practicable, remove from

   133       the Derivative Work any credit as required by clause 4(b), as

   134       requested.

   135    2. If you distribute, publicly display, publicly perform, or publicly

   136       digitally perform the Work or any Derivative Works or Collective

   137       Works, You must keep intact all copyright notices for the Work and

   138       provide, reasonable to the medium or means You are utilizing: (i)

   139       the name of the Original Author (or pseudonym, if applicable) if

   140       supplied, and/or (ii) if the Original Author and/or Licensor

   141       designate another party or parties (e.g. a sponsor institute,

   142       publishing entity, journal) for attribution in Licensor's

   143       copyright notice, terms of service or by other reasonable means,

   144       the name of such party or parties; the title of the Work if

   145       supplied; to the extent reasonably practicable, the Uniform

   146       Resource Identifier, if any, that Licensor specifies to be

   147       associated with the Work, unless such URI does not refer to the

   148       copyright notice or licensing information for the Work; and in the

   149       case of a Derivative Work, a credit identifying the use of the

   150       Work in the Derivative Work (e.g., "French translation of the Work

   151       by Original Author," or "Screenplay based on original Work by

   152       Original Author"). Such credit may be implemented in any

   153       reasonable manner; provided, however, that in the case of a

   154       Derivative Work or Collective Work, at a minimum such credit will

   155       appear where any other comparable authorship credit appears and in

   156       a manner at least as prominent as such other comparable authorship

   157       credit.

   158 

   159 *5. Representations, Warranties and Disclaimer*

   160 

   161 UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR

   162 OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY

   163 KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,

   164 INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,

   165 FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF

   166 LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS,

   167 WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE

   168 EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

   169 

   170 *6. Limitation on Liability.* EXCEPT TO THE EXTENT REQUIRED BY

   171 APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL

   172 THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY

   173 DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF

   174 LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

   175 

   176 *7. Termination*

   177 

   178    1. This License and the rights granted hereunder will terminate

   179       automatically upon any breach by You of the terms of this License.

   180       Individuals or entities who have received Derivative Works or

   181       Collective Works from You under this License, however, will not

   182       have their licenses terminated provided such individuals or

   183       entities remain in full compliance with those licenses. Sections

   184       1, 2, 5, 6, 7, and 8 will survive any termination of this License.

   185    2. Subject to the above terms and conditions, the license granted

   186       here is perpetual (for the duration of the applicable copyright in

   187       the Work). Notwithstanding the above, Licensor reserves the right

   188       to release the Work under different license terms or to stop

   189       distributing the Work at any time; provided, however that any such

   190       election will not serve to withdraw this License (or any other

   191       license that has been, or is required to be, granted under the

   192       terms of this License), and this License will continue in full

   193       force and effect unless terminated as stated above.

   194 

   195 *8. Miscellaneous*

   196 

   197    1. Each time You distribute or publicly digitally perform the Work or

   198       a Collective Work, the Licensor offers to the recipient a license

   199       to the Work on the same terms and conditions as the license

   200       granted to You under this License.

   201    2. Each time You distribute or publicly digitally perform a

   202       Derivative Work, Licensor offers to the recipient a license to the

   203       original Work on the same terms and conditions as the license

   204       granted to You under this License.

   205    3. If any provision of this License is invalid or unenforceable under

   206       applicable law, it shall not affect the validity or enforceability

   207       of the remainder of the terms of this License, and without further

   208       action by the parties to this agreement, such provision shall be

   209       reformed to the minimum extent necessary to make such provision

   210       valid and enforceable.

   211    4. No term or provision of this License shall be deemed waived and no

   212       breach consented to unless such waiver or consent shall be in

   213       writing and signed by the party to be charged with such waiver or

   214       consent.

   215    5. This License constitutes the entire agreement between the parties

   216       with respect to the Work licensed here. There are no

   217       understandings, agreements or representations with respect to the

   218       Work not specified here. Licensor shall not be bound by any

   219       additional provisions that may appear in any communication from

   220       You. This License may not be modified without the mutual written

   221       agreement of the Licensor and You.

   222 

   223 Creative Commons is not a party to this License, and makes no warranty

   224 whatsoever in connection with the Work. Creative Commons will not be

   225 liable to You or any party on any legal theory for any damages

   226 whatsoever, including without limitation any general, special,

   227 incidental or consequential damages arising in connection to this

   228 license. Notwithstanding the foregoing two (2) sentences, if Creative

   229 Commons has expressly identified itself as the Licensor hereunder, it

   230 shall have all rights and obligations of Licensor.

   231 

   232 Except for the limited purpose of indicating to the public that the Work

   233 is licensed under the CCPL, neither party will use the trademark

   234 "Creative Commons" or any related trademark or logo of Creative Commons

   235 without the prior written consent of Creative Commons. Any permitted use

   236 will be in compliance with Creative Commons' then-current trademark

   237 usage guidelines, as may be published on its website or otherwise made

   238 available upon request from time to time.

   239 

   240 Creative Commons may be contacted at http://creativecommons.org/

   241 <http://creativecommons.org>.

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