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- Credit must be provided to the author by stating the author’s name with all the republished work.
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License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE (“CCPL” OR “LICENSE”). THE WORK IS SECURED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK APART FROM AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS STRICTLY PROHIBITED.
BY EMPLOYING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND ACCORD TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE DEEMED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HEREIN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS
- Definitions
“Adaptation” refers to a work based upon the work, or the work in general and other previously existing works like a translation, adaptation, work of derivation, music arrangement or other alterations of a literary or artistic work or phonogram or performance and comprises of cinematographic adaptations or any other form in which the work may be recasted, transformed or adapted inclusive of any form that is recognizable as derived from the original, except that a work constituting of a Collection will not be considered as an Adaptation for the purpose of this license. To avoid the doubt, where the Work is a musical work, phonogram or performance, the work synchronization in timed-relation with a moving image (“synching”) will be taken into consideration as an Adaptation for the purpose of this license.
“Collection” refers to a collection of artistic or literary works, such as anthologies and encyclopedias, or phonograms, broadcasts or performances, or other works or subject matter apart from the works listed in Section 1(g) below, which by reason of the selection and their content arrangement, comprises of intellectual creations, in which the work is included in its completeness in unmodified form along with other one or more contributions, each comprising of separate and independent works in themselves which jointly are assembled into a collective whole. A work that comprises of a Collection will not be considered as an Adaptation (as defined above) for the purposes of this license.
“Distribute” refers to making available to the public, the actual and the copies of the Work or Adaptation, as appropriate through sale or other ownership transfer.
“License Elements” refers to the following high-level license attributes as selected by the Licensor and as indicated in the title of this License: Attribution, Noncommercial, and Share Alike.
“Licensor” refers to the individual, individuals, entity/entities that offer(s) the Work under the terms of this license.
“Original Author” refers to, in the case of artistic work or a literary work, the individual(s), entity/entities who created the Work or if no individual or entity can be recognized, the publisher and in addition, (i) in the case of a performance the singers, actors, dancers, musicians and other persons who sing, act, declaim, deliver, interpret, play in or otherwise perform artistic works or literary works or expressions of folklore; (ii) In case of a phonogram, the producer being the person or legal entity who first fixes the sounds of a performance or any other sounds; and, (iii) in case of any broadcasts, the organization that transmits the broadcast.
“Work” refers to the artistic and/or literary work offered under the terms of this license inclusive of without limitation of any production in the scientific, artistic and literary domain, whatever may be the form or mode of its expression including the digital form like a pamphlet, a book and other writing; an address, a lecture, sermon or other work of the similar nature; a dramatic-musical or dramatic work; entertainment in dumb show or a choreographic work; a composition of music with or without words; a cinematographic work to which assimilate works are expressed by a process similar to cinematography; a work of painting, drawing, sculpture, architecture, lithography or engraving; a photographic work to which the assimilated works are expressed by a process similar to photography; an applied art work; an illustration, sketch, map, plan or 3D work relative to topography, geography, science or architecture; a broadcast; a performance; a phonogram; a data compilation to the extent it is protected as a copyrightable work; or a work performed by a circus performer or a variety to the extent it is not otherwise considered an artistic work or a literary work.
“You” refers to an individual or entity practicing rights under this license who has not previously violated the terms of this License with respect to the work, or who has received an expressed permission from the licensor to exercise rights under this license in spite of a previous violation.
“Publicly Perform” refers to performing public recitations of the work and communicating to the public those public recitations, by any process or means, inclusive of by wire or wireless means or public digital performances; making available to the public works in a way that the 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 process or means and the communication to the public of the performances of the work, inclusive of the digital performance; to broadcast and rebroadcast the work by any means comprising of signs, images or sounds.
“Reproduce” refers to making copies of the work by any means inclusive of without limitation by visual recordings or sound and the right of fixation and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or any other electronic medium.
2. Fair Dealing Rights
Nothing included in this license have intention to limit, reduce or restrict any uses free from the copyright or rights arising from exceptions or limitations that are provided for in relationship with the copyright protection under copyright law or other applicable laws.
3. Grant of License
As subjected to the terms and conditions of this license, the licensor hereby grants you an international, royalty-free, perpetual (for the duration of the applicable copyright), non-exclusive license to exercise the rights in the Work as mentioned below:
- To reproduce the Work, to incorporate the Work in to one or more Collections, and finally to reproduce the Work as incorporated in the Collections;
- To create and Reproduce Adaptations provided that any such adaptation, including translations in any medium, takes reasonable steps to clearly demarcate, label or otherwise recognize that changes were made to the actual work. For an instance, a translation could be marked “The original work was translated from English to Spanish”, or a moderation could indicate “The original work has been modified”;
- To publicly perform and distribute the work including as incorporated in Collections; and,
- To publicly perform and distribute adaptations.
The above mentioned rights may be exercised in all formats and media whether known now or devised hereafter. The above rights comprises of the right to make such modifications as they are technically necessary to exercise the rights in other formats and media. Subjected to Section 8(f), all the rights that are not expressly granted by the licensor are hereby reserved, included but not restricted to the rights described in Section 4(e).
4. Restrictions
The license granted in Section 3 mentioned above is expressively made subject to and limited by the below mentioned restrictions:
- You may publicly perform or distribute 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 each and every copy of the work you distribute or publicly perform. You may not impose or offer any terms of the work that limits the terms of this license or the ability of the recipient of the work to exercise the rights allowed to that recipient under the terms of the license. The work may not be sublicensed by you. You must keep all the notices intact that refers to this License and also to the disclaimer of warranties with each and every copy of the work you distribute or publicly perform. When you publicly perform or distribute the work, you may not be imposing any effective technological measures on the work that limits the ability of a recipient of the work from the rights being exercised by you that has been granted to that recipient under the terms of the License. This Section 4(a) is applicable to the work as incorporated in a Collection, but this does not require the collection other than the work itself to be made subject to the terms of the License. If you create a Collection, on receiving any notice from the Licensor, you must to the extent practicable, remove any credit as required by Section 4(d) from the collection, as requested. If you create an Adaptation, upon any notice from the Licensor, you must at the earliest to the practicable extent, remove the Adaptation any credit as required and requested by Section 4(d).
- You may publicly perform or distribute an Adaptation only under: i) The terms of this License.
ii) A later version of this License with the same license elements as this License.
iii) A Creative Commons Jurisdiction license (either the current one or the later version) that contains the same License Elements as this license (e.g., Attribution-Noncommercial-Share Alike 3.0 US) (“Applicable License”). You must encompass a copy of, or the URI, for Applicable License with each and every copy of the Adaptation you publicly perform or distribute. You may not proffer or impose any terms on the Adaptation that restricts the terms of the Applicable License or the recipient’s ability of the Adaptation to exercise the rights granted to that recipient under the terms of the applicable License. You must keep safely all notices that refer to the applicable License and to the disclaimer of the warranties with every copy of the work as included in the Adaptation you publicly perform or distribute. When you publicly perform or distribute the Adaptation, you may not impose any effective technological measures on the adaptation that limits the recipient’s ability of the Adaptation from you to exert the rights granted to that recipient under the terms of the Applicable License. This Section 4(b) is applicable to the Adaptation as incorporated in a Collection, but this does not require the collection apart from the Adaptation itself to be made subject to the terms of the Applicable License.
- You may not exercise any of the rights granted to you in Section 3 above in any method that is primarily intended for or directed towards commercial advantage or compensation for private money. The exchange of the Work for other copyrighted works by means of file sharing digitally or otherwise shall not be considered to be intended for or directed toward any commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in relation with the exchange of copyrighted works.
- If you publicly perform or distribute the Work or any Adaptations or Collections, unless a request has been made pursuant to Section 4(a), you must keep all the copyrighted notices intact 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(s) (e.g., a publishing entity, a sponsor institute, journal) for attribution (“Attribution Parties”) in Licensor’s copyright notice, terms of service or by any other reasonable means, the name of such party(s).
ii) The Work title if supplied.
iii) To the extent reasonably practicable, the URI, if any, that Licensor specifically state 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 case of an adaptation, a credit identifying the use of the work in the Adaptation, a credit identifying the use of the work in adaptation (e.g., “French translation of the Work by Original Author,” or “Screenplay based on original Work by Original Author”). The credit needed by this section 4(d) may be administered in any reasonable manner, however, provided that in the case of an 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 a part of these credits and in a manner at least as eminent as the credits for the other contributing authors. To avoid doubt, you may only use the credit needed by this section for the purpose of attribution in the way set out above and by exercising your rights under the License, you may not explicitly or implicitly imply or assert any connection with, endorsement or sponsorship by the Original Author, Attribution Parties and/or Licensor, as appropriate, of you or your use of the work, without the separate, express pre-written permission of the Original Author, Licensor and/or Attribution Parties.
5.For Doubt Avoidance
A. Non-waivable Compulsory License Schemes: In those jurisdictions in which the right to collect royalties through any compulsory or statutory licensing scheme cannot be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by you of the rights permitted under this license;
B. Waivable Compulsory License Schemes: In those jurisdictions in which the right to collect royalties through any compulsory or statutory licensing scheme can be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by you of the rights permitted under this license if your exercise of such rights is for a purpose or use which is other than non-commercial as permitted under Section 4 (c) and otherwise waives the right to collect royalties through any compulsory or statutory licensing scheme; and,
C. Voluntary License Schemes: the Licensor reserves all the rights to collect royalties, whether individually, or, in the event that the Licensor is a member of a collecting society that administers voluntary licensing schemes, through that society, from any exercise by you of the rights granted under this License that is for an use or a purpose which is otherwise than non-commercial as permitted under Section 4(c).
Except as otherwise agreed in writing by the Licensor or may be as 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, modify, mutilate or take other derogatory action in relation to the Work which would be detrimental to the Original Author’s honor or reputation. Licensor agrees that in those jurisdictions (e.g., Japan), in which any exercise of the right permitted in Section 3(b) of this License (the right to make Adaptations) would be deemed to be a mutilation, distortion, modification or other derogatory action detrimental to the Original Author’s reputation and honor, the Licensor will waive or not assert, as appropriate, in this Section, to the fullest extent permitted by the applicable national law, to enable you to reasonably exercise your right under the Section 3(b) of this License (right to make Adaptations) but not otherwise.
6.Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING AND TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, COMPULSORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, FITNESS, MERCHANTABILITY, FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.
7.Restriction on Liability
EXCEPT TO THE EXTENT NEEDED BY APPLICABLE LAW, IN NO EVENT WILL THE LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PENAL OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH VANDALISM.
8. Termination
This License and the rights granted hereunder will automatically terminate upon any breach by you of the terms of this License. Entities or individuals 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 persist any termination of this License.
Subjected to the above terms and conditions, the license granted here is permanent (for the duration of the applicable copyright in the Work). Notwithstanding the above, the Licensor reserves the right to release the work under different license terms or to stop distributing the Work at any moment; however, provided that any such election will not serve to withdraw this License (or any other license that has been, or is needed to be, granted under the terms of this License), and this License will continue in full force and effect except if terminated as stated above.
9.Miscellaneous
- Each time you publicly perform or distribute a Collection or the 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.
- Each time you publicly perform or distribute 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.
- If any provision of this License is not valid 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 required to make such provision valid and enforceable.
- No term or provision of this License shall be considered waived and no breach approved to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or agreement.
- This License comprises of the entire agreement between the parties with respect to the Work Licensed here. There are no agreements, understandings or representations with respect to the Work unspecified here. The Licensor shall not be bounded by any additional provisions that may appear in any communication from you. This license may not be modified without the mutual written accord of the Licensor and You.
- The rights granted under and the subject matter referenced in this License were drafted using the terminology of the Brene Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome convention of 1961, The WIPO Performances, The WIPO Copyright Treaty of 1996, Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on 24th July, 1971). These rights are subject matter that takes effect in the relevant jurisdiction in which the License terms are sought to be enforced in accord with 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 comprises of additional rights not granted under this License, such additional rights are deemed to be included in the License; this license is not intended to limit the license of any rights under applicable law.