[chaz/yoink] / doc / licenses / CCPL-Attribution-ShareAlike-NonCommercial-2.5

Creative Commons Legal Code

*Attribution-NonCommercial-ShareAlike 2.5*

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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 PROTECTED BY
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AND CONDITIONS.

*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,
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      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
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   4. *"Original Author"* means the individual or entity who created the
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   5. *"Work"* means the copyrightable work of authorship offered under
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   6. *"You"* means an individual or entity exercising rights under this
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      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
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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
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   2. to create and reproduce Derivative Works;
   3. to distribute copies or phonorecords of, display publicly, perform
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   4. to distribute copies or phonorecords of, display publicly, perform
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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 expressly granted by Licensor
are hereby reserved, including but not limited to the rights set forth
in Sections 4(e) and 4(f).

*4. Restrictions.*The license granted in Section 3 above is expressly
made subject to and limited by the following restrictions:

   1. You may distribute, publicly display, publicly perform, or
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   2. You may distribute, publicly display, publicly perform, or
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      The above applies to the Derivative Work as incorporated in a
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      apart from the Derivative Work itself to be made subject to the
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   3. You may not exercise any of the rights granted to You in Section 3
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      provide, reasonable to the medium or means You are utilizing: (i)
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   5.

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

         1. *Performance Royalties Under Blanket Licenses*. Licensor
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            ASCAP, BMI, SESAC), royalties for the public performance or
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            that performance is primarily intended for or directed
            toward commercial advantage or private monetary compensation.
         2. *Mechanical Rights and Statutory Royalties*. Licensor
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            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
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      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
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   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
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      consent.
   5. This License constitutes the entire agreement between the parties
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      agreement of the Licensor and You.

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