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LICENSE
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CC BY-NC-SA (draft 4)
6 September 2013
Not for use or adoption
===============================================================================
Creative Commons Corporation (“Creative Commonsâ€) is not a law firm and does
not provide legal services or legal advice. Distribution of Creative Commons
public licenses does not create a lawyer-client or other relationship.
Creative Commons makes its licenses and related information available on an
“as-is†basis. Creative Commons makes no warranties regarding its licenses, any
material licensed under their terms, or any related information. Creative
Commons disclaims all liability for damages resulting from their use.
Using Creative Commons Licenses
Creative Commons public licenses provide a standard set of terms and conditions
that creators and other rights holders may use to share original works of
authorship and other content and materials subject to copyright and certain
other rights specified in the public license below. The following
considerations are for informational purposes only, are not exhaustive, and do
not form part of our licenses.
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to respect those requests where reasonable. More considerations for the public:
[hyper-link]
==============================================================================
Creative Commons Attribution-NonCommercial-ShareAlike 4.0 License
By exercising the Licensed Rights (defined below), You accept and agree to be
bound by the terms and conditions of this Creative Commons
Attribution-NonCommercial-ShareAlike 4.0 License (“Public Licenseâ€). To the
extent this Public License may be interpreted as a contract, You are granted the
Licensed Rights in consideration of Your acceptance of these terms and
conditions, and the Licensor grants You such rights in consideration of benefits
the Licensor receives from making the Licensed Material available to the public
under these terms and conditions.
Section 1 – Definitions.
(a) Adapted Material means material subject to Copyright and Similar
Rights that is derived from or based upon the Licensed Material and in
which the Licensed Material is translated, altered, arranged,
transformed, or otherwise modified by You in a manner requiring
permission under the Copyright and Similar Rights held by the Licensor.
For purposes of this Public License, where the Licensed Material is a
musical work, performance, or sound recording, Adapted Material is
always produced when the Licensed Material is synched in timed-relation
with a moving image.
(b) Adapter’s License means the license You apply to Your Copyright
and Similar Rights in Your contributions to Adapted Material.
(c) BY-NC-SA Compatible License means a license listed at
http://creativecommons.org/compatiblelicenses and approved by Creative
Commons as essentially the equivalent of this Public License.
(d) Copyright and Similar Rights means copyright and/or similar
rights closely related to copyright including, without limitation,
performance, broadcast, sound recording, and Sui Generis Database
Rights, without regard to how the rights are labeled or categorized.
For purposes of this Public License, the rights specified in Section
2(b)(1)-(2) are not Copyright and Similar Rights.
(e) Effective Technological Measures means those measures that, in
the absence of proper authority, may not be circumvented under laws
fulfilling obligations under Article 11 of the WIPO Copyright Treaty
adopted on December 20, 1996, or similar international agreements.
(f) Exceptions and Limitations means fair use, fair dealing, and/or
any other right, limitation, or exception to Copyright and Similar
Rights that applies to Your use of the Licensed Material.
(g) License Elements means the following conditions and limitations
indicated in the name of this Public License: Attribution,
NonCommercial, and ShareAlike.
(h) Licensed Material means the artistic or literary work, database,
or other material to which the Licensor has applied this Public License.
(i) Licensed Rights means the rights granted to You subject to the
terms and conditions of this Public License, which include all Copyright
and Similar Rights that apply to Your use of the Licensed Material and
that the Licensor has authority to license.
(j) Licensor means the individual(s) or entity(ies) granting rights
under this Public License.
(k) NonCommercial means not primarily intended for or directed
towards commercial advantage or monetary compensation. For purposes of
this Public License, the exchange of the Licensed Material for other
material subject to Copyright and Similar Rights by digital file-sharing
or similar means is NonCommercial provided there is no payment of
monetary compensation in connection with the exchange.
(l) Share means to provide material to the public by any means or
process, such as reproduction, public display, public performance,
distribution, dissemination, or communication, and to make material
available to the public including in ways that members of the public may
access the material from a place and at a time individually chosen by
them, in all cases only to the extent permission is required under the
Licensed Rights.
(m) Sui Generis Database Rights means rights other than copyright
resulting from Directive 96/9/EC of the European Parliament and of the
Council of 11 March 1996 on the legal protection of databases, as
amended and/or succeeded, as well as other essentially equivalent rights
anywhere in the world.
(n) You means the individual or entity exercising the Licensed
Rights under this Public License. Your has a corresponding meaning.
Section 2 – Scope.
(a) License grant.
(1) Subject to the terms and conditions of this Public
License, the Licensor hereby grants You a worldwide,
royalty-free, non-sublicensable, non-exclusive, irrevocable
license to exercise the Licensed Rights in the Licensed
Material to:
(A) reproduce and Share the Licensed Material for
NonCommercial purposes only, and
(B) produce, reproduce, and Share Adapted Material for
NonCommercial purposes only.
(2) Exceptions and Limitations. For the avoidance of doubt,
where Exceptions and Limitations apply, this Public License does
not apply to that use, and You do not need to comply with its
terms and conditions.
(3) Term. The term of this Public License is specified in
Section 6(a).
(4) Media and formats; technical modifications allowed. The
Licensor authorizes You to exercise the Licensed Rights in all
media and formats whether now known or hereafter created, and to
make technical modifications necessary to do so. The Licensor
waives and/or agrees not to assert any right or authority to
forbid You from making technical modifications necessary to
exercise the Licensed Rights, including technical modifications
necessary to circumvent Effective Technological Measures. For
purposes of this Public License, simply making modifications
authorized by this Section 2(a)(4) never produces
Adapted Material.
(5) Downstream recipients.
(A) Offers from the Licensor. Every recipient of the
Licensed Material from You automatically receives an
offer from the Licensor to exercise the Licensed Rights
subject to the terms and conditions of this Public
License. Every recipient of Adapted Material from You
automatically receives an offer from the Licensor to
exercise the Licensed Rights in the Adapted Material
subject to the terms and conditions of Your
Adapter’s License.
(B) No downstream restrictions. You may not offer or
impose any additional or different terms or conditions
on, or apply any Effective Technological Measures to,
the Licensed Material or Adapted Material that restrict
exercise of the Licensed Rights by any such recipient.
(6) No endorsement. Nothing in this Public License
constitutes or may be construed as permission to assert or imply
that You are, or that Your use of the Licensed Material is,
connected with, or sponsored, endorsed, or granted official
status by, the Licensor or others designated to receive
attribution as provided in Section 3(a)(1)(A)(i).
(b) Other rights.
(1) Moral rights, such as the right of integrity, are not
licensed under this Public License, nor are publicity, privacy,
and other similar personality rights; however, to the extent
possible, the Licensor waives and/or agrees not to assert any
such rights held by the Licensor to the limited extent necessary
to allow You to exercise the Licensed Rights, but not otherwise.
(2) Patent and trademark rights are not licensed under this
Public License.
(3) To the extent possible, the Licensor waives the right to
collect royalties from You for the exercise of the Licensed
Rights, whether directly or through a collecting society under
any voluntary or waivable statutory or compulsory licensing
scheme. In all other cases the Licensor expressly reserves the
right to collect such royalties, including when the Licensed
Material is used other than for NonCommercial purposes.
Section 3 – License Conditions.
Your exercise of the Licensed Rights is expressly made subject to the following conditions.
(a) Attribution.
(1) If You Share the Licensed Material (in unmodified,
excerpted, or other form) or Adapted Material, You must:
(A) if supplied by the Licensor with the
Licensed Material,
(i) identify the creator(s) of the Licensed
Material and others designated to receive
attribution, in any reasonable manner requested
by the Licensor (including by pseudonym or
trademark if designated);
(ii) retain a copyright notice;
(iii) retain a notice that refers to this
Public License and the disclaimer of warranties;
(iv) retain a URI or hyperlink to the
Licensed Material if reasonably practicable;
(B) indicate if You have modified the Licensed
Material and retain an indication of any previous
modifications; and
(C) indicate the Licensed Material is licensed under
this Public License, and include the text of, or the URI
or hyperlink to, this Public License.
(2) You may satisfy the conditions in (1) above in any
reasonable manner based on the medium, means, and context in
which the Licensed Material or Adapted Material is Shared. For
example, it may be reasonable to satisfy the conditions by
providing a URI or hyperlink to a resource that includes the
required information.
(3) If requested by the Licensor, You must remove any of the
information required by Section 3(a)(1)(A) if
reasonably practicable.
(b) ShareAlike.
In addition to the conditions in Section 3(a) above, if You produce and
Share Adapted Material, the following conditions also apply.
(1) Your Adapter’s License must be a Creative Commons
license, this version or later, with the same License Elements,
or a BY-NC-SA Compatible License.
(2) You must include the text of, or the URI or hyperlink
to, the Adapter’s License. You may satisfy this condition in
any reasonable manner based on the medium, means, and context in
which You Share Adapted Material.
(3) You may not offer or impose any additional or different
terms or conditions on, or apply any Effective Technological
Measures to, Adapted Material that restrict exercise of the
rights granted under the Adapter’s License.
Section 4 – Sui Generis Database Rights.
Where the Licensed Rights include Sui Generis Database Rights that apply to Your
use of the Licensed Material:
(a) for the avoidance of doubt, Section 2(a)(1) grants You the right to
extract, reuse, reproduce, and Share all or a substantial portion of the
contents of the database for NonCommercial purposes only;
(b)Â if You include all or a substantial portion of the database
contents in a database in which You have Sui Generis Database Rights,
then the database in which You have Sui Generis Database Rights (but not
its individual contents) is Adapted Material, including for purposes of
Section 3;Â and
(c) You must comply with the conditions in Section 3(a) if You Share all
or a substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4 supplements and does not replace Your
obligations under this Public License where the Licensed Rights include other
Copyright and Similar Rights.
Section 5 - Disclaimer of Warranties and Limitation of Liability.
(a) Unless otherwise separately undertaken by the Licensor, to the
extent possible, the Licensor offers the Licensed Material as-is and
as-available, and makes no representations or warranties of any kind
concerning the Licensed Material, express, implied, statutory, or
otherwise. This includes, without limitation, warranties of title,
merchantability, fitness for a particular purpose, non-infringement,
absence of latent or other defects, accuracy, or the presence or absence
of errors, whether or not known or discoverable. Where disclaimers of
warranties are not allowed in full or in part, this disclaimer may not
apply to You.
(b) To the extent possible, in no event will the Licensor be liable to
You on any legal theory (including, without limitation, negligence) or
otherwise for any direct, special, indirect, incidental, consequential,
punitive, or exemplary or other losses, costs, expenses, or damages
arising out of this Public License or use of the Licensed Material, even
if the Licensor has been advised of the possibility of such losses,
costs, expenses, or damages. Where a limitation of liability is not
allowed in full or in part, this limitation may not apply to You.
(c) The disclaimer of warranties and limitation of liabilities provided
above shall be interpreted in a manner that most closely approximates an
absolute disclaimer and waiver of all liability.
Section 6 – Term and Termination.
(a) This Public License applies for the term of the Copyright and
Similar Rights licensed here. However, if You fail to comply with this
Public License, then Your rights under this Public License
terminate automatically.
(b) Where Your right to use the Licensed Material has terminated under
Section 6(a), it reinstates automatically:
(1) as of the date the violation is cured, provided it is
cured within 30 days of Your discovery of the violation; or
(2) upon express reinstatement by the Licensor.
For the avoidance of doubt, this Section 6(b) does not affect any rights
the Licensor may have to seek remedies for Your violations of this
Public License.
(c) For the avoidance of doubt, the Licensor may also offer the Licensed
Material under separate terms or conditions or stop distributing the
Licensed Material at any time; however, doing so will not terminate this
Public License.
(d) Sections 1, 5, 6, 7, and 8 survive termination of this
Public License.
Section 7 – Other Terms and Conditions.
The Licensor shall not be bound by any additional or different terms or
conditions communicated by You unless expressly agreed. Any arrangements,
understandings, or agreements regarding the Licensed Material not stated herein
are separate from and independent of the terms and conditions of this
Public License.
Section 8 – Interpretation.
(a) For the avoidance of doubt, this Public License does not, and
shall not be interpreted to, reduce, limit, restrict, or impose
conditions on any use of the Licensed Material that is free of
restrictions or conditions.
(b) To the extent possible, if any provision of this Public License
is deemed unenforceable, it shall be automatically reformed to the
minimum extent necessary to make it enforceable. If the provision
cannot be reformed, it shall be severed from this Public License without
affecting the enforceability of the remaining terms and conditions.
(c) No term or condition of this Public License will be waived and
no failure to comply consented to unless expressly agreed to by
the Licensor.
(d) Nothing in this Public License constitutes or may be interpreted as
a limitation upon, or waiver of, any privileges and immunities that
apply to the Licensor or You, including from the legal processes of any
jurisdiction or authority.
================================================================================
Creative Commons is not party to its public licenses. Notwithstanding, Creative
Commons may elect to apply one of its public licenses to material it publishes
and in those instances will be considered the “Licensor.†Except for the
limited purpose of indicating that material is shared under a Creative Commons
public license or as otherwise permitted by the Creative Commons policies
published at http://creativecommons.org/policies, Creative Commons does not
authorize the use of the trademark “Creative Commons†or any other trademark or
logo of Creative Commons without its prior written consent including, without
limitation, in connection with any unauthorized modifications to any of its
public licenses or any other arrangements, understandings, or agreements
concerning use of licensed material. For the avoidance of doubt, this paragraph
does not form part of the public licenses.
Creative Commons may be contacted at http://creativecommons.org/.