[skip ci] Updated licenses and gitignores
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Copyright (C) 2006 by Rob Landley <rob@landley.net>
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Copyright (C) 2006 by Rob Landley <rob@landley.net>
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Permission to use, copy, modify, and/or distribute this software for any purpose
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Permission to use, copy, modify, and/or distribute this software for any purpose with or without fee is hereby granted.
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with or without fee is hereby granted.
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THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH
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THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
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REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY
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AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT,
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INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
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LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
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OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
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PERFORMANCE OF THIS SOFTWARE.
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Attribution Assurance License
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Attribution Assurance License
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Copyright (c) 2002 by AUTHOR PROFESSIONAL IDENTIFICATION * URL "PROMOTIONAL
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Copyright (c) 2002 by AUTHOR PROFESSIONAL IDENTIFICATION * URL "PROMOTIONAL SLOGAN FOR AUTHOR'S PROFESSIONAL PRACTICE"
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SLOGAN FOR AUTHOR'S PROFESSIONAL PRACTICE"
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All Rights Reserved
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All Rights Reserved
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ATTRIBUTION ASSURANCE LICENSE (adapted from the original BSD license)
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ATTRIBUTION ASSURANCE LICENSE (adapted from the original BSD license)
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Redistribution and use in source and binary forms, with or without modification,
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Redistribution and use in source and binary forms, with or without modification, are permitted provided that the conditions below are met. These conditions require a modest attribution to <AUTHOR> (the "Author"), who hopes that its promotional value may help justify the thousands of dollars in otherwise billable time invested in writing this and other freely available, open-source software.
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are permitted provided that the conditions below are met. These conditions
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require a modest attribution to <AUTHOR> (the "Author"), who hopes that its
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promotional value may help justify the thousands of dollars in otherwise billable
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time invested in writing this and other freely available, open-source software.
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1. Redistributions of source code, in whole or part and with or without modification
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1. Redistributions of source code, in whole or part and with or without modification (the "Code"), must prominently display this GPG-signed text in verifiable form.
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(the "Code"), must prominently display this GPG-signed text in verifiable
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form.
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2. Redistributions of the Code in binary form must be accompanied by this
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2. Redistributions of the Code in binary form must be accompanied by this GPG-signed text in any documentation and, each time the resulting executable program or a program dependent thereon is launched, a prominent display (e.g., splash screen or banner text) of the Author's attribution information, which includes:
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GPG-signed text in any documentation and, each time the resulting executable
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program or a program dependent thereon is launched, a prominent display (e.g.,
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splash screen or banner text) of the Author's attribution information, which
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includes:
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(a) Name ("AUTHOR"),
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(a) Name ("AUTHOR"),
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(b) Professional identification ("PROFESSIONAL IDENTIFICATION"), and
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(b) Professional identification ("PROFESSIONAL IDENTIFICATION"), and
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(c) URL ("URL").
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(c) URL ("URL").
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3. Neither the name nor any trademark of the Author may be used to endorse
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3. Neither the name nor any trademark of the Author may be used to endorse or promote products derived from this software without specific prior written permission.
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or promote products derived from this software without specific prior written
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permission.
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4. Users are entirely responsible, to the exclusion of the Author and any
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4. Users are entirely responsible, to the exclusion of the Author and any other persons, for compliance with (1) regulations set by owners or administrators of employed equipment, (2) licensing terms of any other software, and (3) local regulations regarding use, including those regarding import, export, and use of encryption software.
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other persons, for compliance with (1) regulations set by owners or administrators
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of employed equipment, (2) licensing terms of any other software, and (3)
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local regulations regarding use, including those regarding import, export,
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and use of encryption software.
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THIS FREE SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR IMPLIED
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THIS FREE SOFTWARE IS PROVIDED BY THE AUTHOR "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR ANY CONTRIBUTOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, EFFECTS OF UNAUTHORIZED OR MALICIOUS NETWORK ACCESS; PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
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AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
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AUTHOR OR ANY CONTRIBUTOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
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SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
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EFFECTS OF UNAUTHORIZED OR MALICIOUS NETWORK ACCESS; PROCUREMENT OF SUBSTITUTE
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GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
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HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
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LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
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OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
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DAMAGE.
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This software code is made available "AS IS" without warranties of any kind.
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This software code is made available "AS IS" without warranties of any kind. You may copy, display, modify and redistribute the software code either by itself or as incorporated into your code; provided that you do not remove any proprietary notices. Your use of this software code is at your own risk and you waive any claim against Amazon Digital Services, Inc. or its affiliates with respect to your use of this software code. (c) 2006 Amazon Digital Services, Inc. or its affiliates.
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You may copy, display, modify and redistribute the software code either by
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itself or as incorporated into your code; provided that you do not remove
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any proprietary notices. Your use of this software code is at your own risk
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and you waive any claim against Amazon Digital Services, Inc. or its affiliates
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with respect to your use of this software code. (c) 2006 Amazon Digital Services,
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Inc. or its affiliates.
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Academic Free License
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Academic Free License
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Version 1.1
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Version 1.1
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The Academic Free License applies to any original work of authorship (the
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The Academic Free License applies to any original work of authorship (the "Original Work") whose owner (the "Licensor") has placed the following notice immediately following the copyright notice for the Original Work:
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"Original Work") whose owner (the "Licensor") has placed the following notice
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immediately following the copyright notice for the Original Work:
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"Licensed under the Academic Free License version 1.1."
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"Licensed under the Academic Free License version 1.1."
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Grant of License. Licensor hereby grants to any person obtaining a copy of
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Grant of License. Licensor hereby grants to any person obtaining a copy of the Original Work ("You") a world-wide, royalty-free, non-exclusive, perpetual, non-sublicenseable license
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the Original Work ("You") a world-wide, royalty-free, non-exclusive, perpetual,
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non-sublicenseable license
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(1) to use, copy, modify, merge, publish, perform, distribute and/or sell
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(1) to use, copy, modify, merge, publish, perform, distribute and/or sell copies of the Original Work and derivative works thereof, and
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copies of the Original Work and derivative works thereof, and
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(2) under patent claims owned or controlled by the Licensor that are embodied
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(2) under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor, to make, use, sell and offer for sale the Original Work and derivative works thereof, subject to the following conditions.
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in the Original Work as furnished by the Licensor, to make, use, sell and
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offer for sale the Original Work and derivative works thereof, subject to
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the following conditions.
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Right of Attribution. Redistributions of the Original Work must reproduce
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Right of Attribution. Redistributions of the Original Work must reproduce all copyright notices in the Original Work as furnished by the Licensor, both in the Original Work itself and in any documentation and/or other materials provided with the distribution of the Original Work in executable form.
|
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all copyright notices in the Original Work as furnished by the Licensor, both
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in the Original Work itself and in any documentation and/or other materials
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provided with the distribution of the Original Work in executable form.
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Exclusions from License Grant. Neither the names of Licensor, nor the names
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Exclusions from License Grant. Neither the names of Licensor, nor the names of any contributors to the Original Work, nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original Work without express prior written permission of the Licensor.
|
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of any contributors to the Original Work, nor any of their trademarks or service
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marks, may be used to endorse or promote products derived from this Original
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Work without express prior written permission of the Licensor.
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WARRANTY AND DISCLAIMERS. LICENSOR WARRANTS THAT THE COPYRIGHT IN AND TO THE
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WARRANTY AND DISCLAIMERS. LICENSOR WARRANTS THAT THE COPYRIGHT IN AND TO THE ORIGINAL WORK IS OWNED BY THE LICENSOR OR THAT THE ORIGINAL WORK IS DISTRIBUTED BY LICENSOR UNDER A VALID CURRENT LICENSE FROM THE COPYRIGHT OWNER. EXCEPT AS EXPRESSLY STATED IN THE IMMEDIATELY PRECEEDING SENTENCE, THE ORIGINAL WORK IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO LICENSE TO ORIGINAL WORK IS GRANTED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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ORIGINAL WORK IS OWNED BY THE LICENSOR OR THAT THE ORIGINAL WORK IS DISTRIBUTED
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BY LICENSOR UNDER A VALID CURRENT LICENSE FROM THE COPYRIGHT OWNER. EXCEPT
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AS EXPRESSLY STATED IN THE IMMEDIATELY PRECEEDING SENTENCE, THE ORIGINAL WORK
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IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY, EITHER
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EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT
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AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE OR FIT FOR A PARTICULAR
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PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU.
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THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
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NO LICENSE TO ORIGINAL WORK IS GRANTED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
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LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING AS A RESULT OF THIS LICENSE OR THE USE OF THE ORIGINAL WORK INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PERSON SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
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WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR
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BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
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CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING AS A RESULT OF THIS LICENSE
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OR THE USE OF THE ORIGINAL WORK INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
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LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
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ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PERSON SHALL HAVE BEEN
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INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
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SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
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PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
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OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO
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YOU.
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License to Source Code. The term "Source Code" means the preferred form of
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License to Source Code. The term "Source Code" means the preferred form of the Original Work for making modifications to it and all available documentation describing how to access and modify the Original Work. Licensor hereby agrees to provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work, and by publishing the address of that information repository in a notice immediately following the copyright notice that applies to the Original Work.
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the Original Work for making modifications to it and all available documentation
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describing how to access and modify the Original Work. Licensor hereby agrees
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to provide a machine-readable copy of the Source Code of the Original Work
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along with each copy of the Original Work that Licensor distributes. Licensor
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reserves the right to satisfy this obligation by placing a machine-readable
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copy of the Source Code in an information repository reasonably calculated
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to permit inexpensive and convenient access by You for as long as Licensor
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continues to distribute the Original Work, and by publishing the address of
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that information repository in a notice immediately following the copyright
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notice that applies to the Original Work.
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Mutual Termination for Patent Action. This License shall terminate automatically
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Mutual Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License if You file a lawsuit in any court alleging that any OSI Certified open source software that is licensed under any license containing this "Mutual Termination for Patent Action" clause infringes any patent claims that are essential to use that software.
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and You may no longer exercise any of the rights granted to You by this License
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if You file a lawsuit in any court alleging that any OSI Certified open source
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software that is licensed under any license containing this "Mutual Termination
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for Patent Action" clause infringes any patent claims that are essential to
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use that software.
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This license is Copyright (C) 2002 Lawrence E. Rosen. All rights reserved.
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This license is Copyright (C) 2002 Lawrence E. Rosen. All rights reserved.
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Permission is hereby granted to copy and distribute this license without modification.
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Permission is hereby granted to copy and distribute this license without modification. This license may not be modified without the express written permission of its copyright owner.
|
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This license may not be modified without the express written permission of
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its copyright owner.
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Academic Free License
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Academic Free License
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Version 1.2
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Version 1.2
|
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This Academic Free License applies to any original work of authorship (the
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This Academic Free License applies to any original work of authorship (the "Original Work") whose owner (the "Licensor") has placed the
|
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"Original Work") whose owner (the "Licensor") has placed the
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following notice immediately following the copyright notice for the Original Work:
|
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following notice immediately following the copyright notice for the Original
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Work:
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Licensed under the Academic Free License version 1.2
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Licensed under the Academic Free License version 1.2
|
||||||
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Grant of License. Licensor hereby grants to any person obtaining a copy of
|
Grant of License. Licensor hereby grants to any person obtaining a copy of the Original Work ("You") a world-wide, royalty-free, non-exclusive, perpetual, non-sublicenseable license (1) to use, copy, modify, merge, publish, perform, distribute and/or sell copies of the Original Work and derivative works thereof, and (2) under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor, to make, use, sell and offer for sale the Original Work and derivative works thereof, subject to the
|
||||||
the Original Work ("You") a world-wide, royalty-free, non-exclusive, perpetual,
|
|
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non-sublicenseable license (1) to use, copy, modify, merge, publish, perform,
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|
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distribute and/or sell copies of the Original Work and derivative works thereof,
|
|
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and (2) under patent claims owned or controlled by the Licensor that are embodied
|
|
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in the Original Work as furnished by the Licensor, to make, use, sell and
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|
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offer for sale the Original Work and derivative works thereof, subject to
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|
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the
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following conditions.
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following conditions.
|
||||||
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|
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Attribution Rights. You must retain, in the Source Code of any Derivative
|
Attribution Rights. You must retain, in the Source Code of any Derivative Works that You create, all copyright, patent or trademark notices from the Source Code of the Original Work, as well as any notices of licensing and any descriptive text identified therein as an "Attribution Notice." You must cause the Source Code for any Derivative Works that You create to carry a prominent Attribution Notice reasonably calculated to inform recipients that You have modified the Original Work.
|
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Works that You create, all copyright, patent or trademark notices from the
|
|
||||||
Source Code of the Original Work, as well as any notices of licensing and
|
|
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any descriptive text identified therein as an "Attribution Notice." You must
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|
||||||
cause the Source Code for any Derivative Works that You create to carry a
|
|
||||||
prominent Attribution Notice reasonably calculated to inform recipients that
|
|
||||||
You have modified the Original Work.
|
|
||||||
|
|
||||||
Exclusions from License Grant. Neither the names of Licensor, nor the names
|
Exclusions from License Grant. Neither the names of Licensor, nor the names of any contributors to the Original Work, nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original Work without express prior written permission of the Licensor.
|
||||||
of any contributors to the Original Work, nor any of their trademarks or service
|
|
||||||
marks, may be used to endorse or promote products derived from this Original
|
|
||||||
Work without express prior written permission of the Licensor.
|
|
||||||
|
|
||||||
Warranty and Disclaimer of Warranty. Licensor warrants that the copyright
|
Warranty and Disclaimer of Warranty. Licensor warrants that the copyright in and to the Original Work is owned by the Licensor or that the Original Work is distributed by Licensor under a valid current license from the copyright owner. Except as expressly stated in the immediately proceeding sentence, the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No license to Original Work is granted hereunder except under this disclaimer.
|
||||||
in and to the Original Work is owned by the Licensor or that the Original
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|
||||||
Work is distributed by Licensor under a valid current license from the copyright
|
|
||||||
owner. Except as expressly stated in the immediately proceeding sentence,
|
|
||||||
the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT
|
|
||||||
WARRANTY, either express or implied, including, without limitation, the warranties
|
|
||||||
of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
|
|
||||||
THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER
|
|
||||||
OF WARRANTY constitutes an essential part of this License. No license to Original
|
|
||||||
Work is granted hereunder except under this disclaimer.
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|
||||||
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|
||||||
Limitation of Liability. Under no circumstances and under no legal theory,
|
Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to any person for any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Original Work including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to liability for death or personal injury resulting from Licensor's negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You.
|
||||||
whether in tort (including negligence), contract, or otherwise, shall the
|
|
||||||
Licensor be liable to any person for any direct, indirect, special, incidental,
|
|
||||||
or consequential damages of any character arising as a result of this License
|
|
||||||
or the use of the Original Work including, without limitation, damages for
|
|
||||||
loss of goodwill, work stoppage, computer failure or malfunction, or any and
|
|
||||||
all other commercial damages or losses. This limitation of liability shall
|
|
||||||
not apply to liability for death or personal injury resulting from Licensor's
|
|
||||||
negligence to the extent applicable law prohibits such limitation. Some jurisdictions
|
|
||||||
do not allow the exclusion or limitation of incidental or consequential damages,
|
|
||||||
so this exclusion and limitation may not apply to You.
|
|
||||||
|
|
||||||
License to Source Code. The term "Source Code" means the preferred form of
|
License to Source Code. The term "Source Code" means the preferred form of the Original Work for making modifications to it and all available
|
||||||
the Original Work for making modifications to it and all available
|
documentation describing how to modify the Original Work. Licensor hereby agrees to provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work, and by publishing the address of that information repository in a notice immediately following the copyright notice that applies to the Original Work.
|
||||||
documentation describing how to modify the Original Work. Licensor hereby
|
|
||||||
agrees to provide a machine-readable copy of the Source Code of the Original
|
|
||||||
Work along with each copy of the Original Work that Licensor distributes.
|
|
||||||
Licensor reserves the right to satisfy this obligation by placing a machine-readable
|
|
||||||
copy of the Source Code in an information repository reasonably calculated
|
|
||||||
to permit inexpensive and convenient access by You for as long as Licensor
|
|
||||||
continues to distribute the Original Work, and by publishing the address of
|
|
||||||
that information repository in a notice immediately following the copyright
|
|
||||||
notice that applies to the Original Work.
|
|
||||||
|
|
||||||
Mutual Termination for Patent Action. This License shall terminate automatically
|
Mutual Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License if You file a lawsuit in any court alleging that any OSI Certified open source software that is licensed under any license containing this "Mutual Termination for Patent Action" clause infringes any patent claims that are essential to use that software.
|
||||||
and You may no longer exercise any of the rights granted to You by this License
|
|
||||||
if You file a lawsuit in any court alleging that any OSI Certified open source
|
|
||||||
software that is licensed under any license containing this "Mutual Termination
|
|
||||||
for Patent Action" clause infringes any patent claims that are essential to
|
|
||||||
use that software.
|
|
||||||
|
|
||||||
Right to Use. You may use the Original Work in all ways not otherwise restricted
|
Right to Use. You may use the Original Work in all ways not otherwise restricted or conditioned by this License or by law, and Licensor promises not to interfere with or be responsible for such uses by You.
|
||||||
or conditioned by this License or by law, and Licensor promises not to interfere
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|
||||||
with or be responsible for such uses by You.
|
|
||||||
|
|
||||||
This license is Copyright (C) 2002 Lawrence E. Rosen. All rights reserved.
|
This license is Copyright (C) 2002 Lawrence E. Rosen. All rights reserved.
|
||||||
Permission is hereby granted to copy and distribute this license without modification.
|
Permission is hereby granted to copy and distribute this license without modification. This license may not be modified without the express written permission of its copyright owner.
|
||||||
This license may not be modified without the express written permission of
|
|
||||||
its copyright owner.
|
|
||||||
|
|
|
@ -1,146 +1,45 @@
|
||||||
The Academic Free License
|
The Academic Free License
|
||||||
v. 2.0
|
v. 2.0
|
||||||
|
|
||||||
This Academic Free License (the "License") applies to any original work of
|
This Academic Free License (the "License") applies to any original work of authorship (the "Original Work") whose owner (the "Licensor") has placed the following notice immediately following the copyright notice for the Original Work:
|
||||||
authorship (the "Original Work") whose owner (the "Licensor") has placed the
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|
||||||
following notice immediately following the copyright notice for the Original
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|
||||||
Work:
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|
||||||
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|
||||||
Licensed under the Academic Free License version 2.0
|
Licensed under the Academic Free License version 2.0
|
||||||
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|
||||||
1) Grant of Copyright License. Licensor hereby grants You a world-wide, royalty-free,
|
1) Grant of Copyright License. Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, sublicenseable license to do the following:
|
||||||
non-exclusive, perpetual, sublicenseable license to do the following:
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|
||||||
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|
||||||
a) to reproduce the Original Work in copies;
|
a) to reproduce the Original Work in copies;
|
||||||
b) to prepare derivative works ("Derivative Works") based upon the Original
|
b) to prepare derivative works ("Derivative Works") based upon the Original Work;
|
||||||
Work;
|
c) to distribute copies of the Original Work and Derivative Works to the public;
|
||||||
c) to distribute copies of the Original Work and Derivative Works to the public;
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|
||||||
d) to perform the Original Work publicly; and
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d) to perform the Original Work publicly; and
|
||||||
e) to display the Original Work publicly.
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e) to display the Original Work publicly.
|
||||||
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|
||||||
2) Grant of Patent License. Licensor hereby grants You a world-wide, royalty-free,
|
2) Grant of Patent License. Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, sublicenseable license, under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor, to make, use, sell and offer for sale the Original Work and Derivative Works.
|
||||||
non-exclusive, perpetual, sublicenseable license, under patent claims owned
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|
||||||
or controlled by the Licensor that are embodied in the Original Work as furnished
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|
||||||
by the Licensor, to make, use, sell and offer for sale the Original Work and
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|
||||||
Derivative Works.
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|
||||||
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|
||||||
3) Grant of Source Code License. The term "Source Code" means the preferred
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3) Grant of Source Code License. The term "Source Code" means the preferred form of the Original Work for making modifications to it and all available documentation describing how to modify the Original Work. Licensor hereby agrees to provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work, and by publishing the address of that information repository in a notice immediately following the copyright notice that applies to the Original Work.
|
||||||
form of the Original Work for making modifications to it and all available
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|
||||||
documentation describing how to modify the Original Work. Licensor hereby
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|
||||||
agrees to provide a machine-readable copy of the Source Code of the Original
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|
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Work along with each copy of the Original Work that Licensor distributes.
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|
||||||
Licensor reserves the right to satisfy this obligation by placing a machine-readable
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|
||||||
copy of the Source Code in an information repository reasonably calculated
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|
||||||
to permit inexpensive and convenient access by You for as long as Licensor
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|
||||||
continues to distribute the Original Work, and by publishing the address of
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|
||||||
that information repository in a notice immediately following the copyright
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|
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notice that applies to the Original Work.
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|
||||||
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|
||||||
4) Exclusions From License Grant. Neither the names of Licensor, nor the names
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4) Exclusions From License Grant. Neither the names of Licensor, nor the names of any contributors to the Original Work, nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original Work without express prior written permission of the Licensor. Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor except as expressly stated herein. No patent license is granted to make, use, sell or offer to sell embodiments of any patent claims other than the licensed claims defined in Section 2. No right is granted to the trademarks of Licensor even if such marks are included in the Original Work. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any Original Work that Licensor otherwise would have a right to license.
|
||||||
of any contributors to the Original Work, nor any of their trademarks or service
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||||||
marks, may be used to endorse or promote products derived from this Original
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||||||
Work without express prior written permission of the Licensor. Nothing in
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|
||||||
this License shall be deemed to grant any rights to trademarks, copyrights,
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|
||||||
patents, trade secrets or any other intellectual property of Licensor except
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|
||||||
as expressly stated herein. No patent license is granted to make, use, sell
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|
||||||
or offer to sell embodiments of any patent claims other than the licensed
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|
||||||
claims defined in Section 2. No right is granted to the trademarks of Licensor
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|
||||||
even if such marks are included in the Original Work. Nothing in this License
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|
||||||
shall be interpreted to prohibit Licensor from licensing under different terms
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|
||||||
from this License any Original Work that Licensor otherwise would have a right
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|
||||||
to license.
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|
||||||
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|
||||||
5) This section intentionally omitted.
|
5) This section intentionally omitted.
|
||||||
|
|
||||||
6) Attribution Rights. You must retain, in the Source Code of any Derivative
|
6) Attribution Rights. You must retain, in the Source Code of any Derivative Works that You create, all copyright, patent or trademark notices from the Source Code of the Original Work, as well as any notices of licensing and any descriptive text identified therein as an "Attribution Notice." You must cause the Source Code for any Derivative Works that You create to carry a prominent Attribution Notice reasonably calculated to inform recipients that You have modified the Original Work.
|
||||||
Works that You create, all copyright, patent or trademark notices from the
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|
||||||
Source Code of the Original Work, as well as any notices of licensing and
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|
||||||
any descriptive text identified therein as an "Attribution Notice." You must
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|
||||||
cause the Source Code for any Derivative Works that You create to carry a
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|
||||||
prominent Attribution Notice reasonably calculated to inform recipients that
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|
||||||
You have modified the Original Work.
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|
||||||
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|
||||||
7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that
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7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that the copyright in and to the Original Work and the patent rights granted herein by Licensor are owned by the Licensor or are sublicensed to You under the terms of this License with the permission of the contributor(s) of those copyrights and patent rights. Except as expressly stated in the immediately proceeding sentence, the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No license to Original Work is granted hereunder except under this disclaimer.
|
||||||
the copyright in and to the Original Work and the patent rights granted herein
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|
||||||
by Licensor are owned by the Licensor or are sublicensed to You under the
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|
||||||
terms of this License with the permission of the contributor(s) of those copyrights
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|
||||||
and patent rights. Except as expressly stated in the immediately proceeding
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|
||||||
sentence, the Original Work is provided under this License on an "AS IS" BASIS
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|
||||||
and WITHOUT WARRANTY, either express or implied, including, without limitation,
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|
||||||
the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR
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|
||||||
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU.
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|
||||||
This DISCLAIMER OF WARRANTY constitutes an essential part of this License.
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|
||||||
No license to Original Work is granted hereunder except under this disclaimer.
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|
||||||
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|
||||||
8) Limitation of Liability. Under no circumstances and under no legal theory,
|
8) Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to any person for any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Original Work including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to liability for death or personal injury resulting from Licensor's negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You.
|
||||||
whether in tort (including negligence), contract, or otherwise, shall the
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|
||||||
Licensor be liable to any person for any direct, indirect, special, incidental,
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|
||||||
or consequential damages of any character arising as a result of this License
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|
||||||
or the use of the Original Work including, without limitation, damages for
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|
||||||
loss of goodwill, work stoppage, computer failure or malfunction, or any and
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|
||||||
all other commercial damages or losses. This limitation of liability shall
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|
||||||
not apply to liability for death or personal injury resulting from Licensor's
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|
||||||
negligence to the extent applicable law prohibits such limitation. Some jurisdictions
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|
||||||
do not allow the exclusion or limitation of incidental or consequential damages,
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|
||||||
so this exclusion and limitation may not apply to You.
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|
||||||
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|
||||||
9) Acceptance and Termination. If You distribute copies of the Original Work
|
9) Acceptance and Termination. If You distribute copies of the Original Work or a Derivative Work, You must make a reasonable effort under the circumstances to obtain the express assent of recipients to the terms of this License. Nothing else but this License (or another written agreement between Licensor and You) grants You permission to create Derivative Works based upon the Original Work or to exercise any of the rights granted in Section 1 herein, and any attempt to do so except under the terms of this License (or another written agreement between Licensor and You) is expressly prohibited by U.S. copyright law, the equivalent laws of other countries, and by international treaty. Therefore, by exercising any of the rights granted to You in Section 1 herein, You indicate Your acceptance of this License and all of its terms and conditions.
|
||||||
or a Derivative Work, You must make a reasonable effort under the circumstances
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|
||||||
to obtain the express assent of recipients to the terms of this License.
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|
||||||
Nothing else but this License (or another written agreement between Licensor
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|
||||||
and You) grants You permission to create Derivative Works based upon the Original
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|
||||||
Work or to exercise any of the rights granted in Section 1 herein, and any
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|
||||||
attempt to do so except under the terms of this License (or another written
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|
||||||
agreement between Licensor and You) is expressly prohibited by U.S. copyright
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|
||||||
law, the equivalent laws of other countries, and by international treaty.
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|
||||||
Therefore, by exercising any of the rights granted to You in Section 1 herein,
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|
||||||
You indicate Your acceptance of this License and all of its terms and conditions.
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|
||||||
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|
||||||
10) Termination for Patent Action. This License shall terminate automatically
|
10) Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, for patent infringement (i) against Licensor with respect to a patent applicable to software or (ii) against any entity with respect to a patent applicable to the Original Work (but excluding combinations of the Original Work with other software or hardware).
|
||||||
and You may no longer exercise any of the rights granted to You by this License
|
|
||||||
as of the date You commence an action, including a cross-claim or counterclaim,
|
|
||||||
for patent infringement (i) against Licensor with respect to a patent applicable
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|
||||||
to software or (ii) against any entity with respect to a patent applicable
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|
||||||
to the Original Work (but excluding combinations of the Original Work with
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|
||||||
other software or hardware).
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|
||||||
|
|
||||||
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to
|
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may be brought only in the courts of a jurisdiction wherein the Licensor resides or in which Licensor conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope of this License or after its termination shall be subject to the requirements and penalties of the U.S. Copyright Act, 17 U.S.C. ¤ 101 et seq., the equivalent laws of other countries, and international treaty. This section shall survive the termination of this License.
|
||||||
this License may be brought only in the courts of a jurisdiction wherein the
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|
||||||
Licensor resides or in which Licensor conducts its primary business, and under
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|
||||||
the laws of that jurisdiction excluding its conflict-of-law provisions. The
|
|
||||||
application of the United Nations Convention on Contracts for the International
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|
||||||
Sale of Goods is expressly excluded. Any use of the Original Work outside
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|
||||||
the scope of this License or after its termination shall be subject to the
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|
||||||
requirements and penalties of the U.S. Copyright Act, 17 U.S.C. ¤ 101 et seq.,
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|
||||||
the equivalent laws of other countries, and international treaty. This section
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|
||||||
shall survive the termination of this License.
|
|
||||||
|
|
||||||
12) Attorneys Fees. In any action to enforce the terms of this License or
|
12) Attorneys Fees. In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys' fees and costs incurred in connection with such action, including any appeal of such action. This section shall survive the termination of this License.
|
||||||
seeking damages relating thereto, the prevailing party shall be entitled to
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|
||||||
recover its costs and expenses, including, without limitation, reasonable
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|
||||||
attorneys' fees and costs incurred in connection with such action, including
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|
||||||
any appeal of such action. This section shall survive the termination of
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|
||||||
this License.
|
|
||||||
|
|
||||||
13) Miscellaneous. This License represents the complete agreement concerning
|
13) Miscellaneous. This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
|
||||||
the subject matter hereof. If any provision of this License is held to be
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|
||||||
unenforceable, such provision shall be reformed only to the extent necessary
|
|
||||||
to make it enforceable.
|
|
||||||
|
|
||||||
14) Definition of "You" in This License. "You" throughout this License, whether
|
14) Definition of "You" in This License. "You" throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
|
||||||
in upper or lower case, means an individual or a legal entity exercising rights
|
|
||||||
under, and complying with all of the terms of, this License. For legal entities,
|
|
||||||
"You" includes any entity that controls, is controlled by, or is under common
|
|
||||||
control with you. For purposes of this definition, "control" means (i) the
|
|
||||||
power, direct or indirect, to cause the direction or management of such entity,
|
|
||||||
whether by contract or otherwise, or (ii) ownership of fifty percent (50%)
|
|
||||||
or more of the outstanding shares, or (iii) beneficial ownership of such entity.
|
|
||||||
|
|
||||||
15) Right to Use. You may use the Original Work in all ways not otherwise
|
15) Right to Use. You may use the Original Work in all ways not otherwise restricted or conditioned by this License or by law, and Licensor promises not to interfere with or be responsible for such uses by You.
|
||||||
restricted or conditioned by this License or by law, and Licensor promises
|
|
||||||
not to interfere with or be responsible for such uses by You.
|
|
||||||
|
|
||||||
This license is Copyright (C) 2003 Lawrence E. Rosen. All rights reserved.
|
This license is Copyright (C) 2003 Lawrence E. Rosen. All rights reserved.
|
||||||
Permission is hereby granted to copy and distribute this license without modification.
|
Permission is hereby granted to copy and distribute this license without modification. This license may not be modified without the express written permission of its copyright owner.
|
||||||
This license may not be modified without the express written permission of
|
|
||||||
its copyright owner.
|
|
||||||
|
|
|
@ -1,146 +1,45 @@
|
||||||
The Academic Free License
|
The Academic Free License
|
||||||
v.2.1
|
v.2.1
|
||||||
|
|
||||||
This Academic Free License (the "License") applies to any original work of
|
This Academic Free License (the "License") applies to any original work of authorship (the "Original Work") whose owner (the "Licensor") has placed the following notice immediately following the copyright notice for the Original Work:
|
||||||
authorship (the "Original Work") whose owner (the "Licensor") has placed the
|
|
||||||
following notice immediately following the copyright notice for the Original
|
|
||||||
Work:
|
|
||||||
|
|
||||||
Licensed under the Academic Free License version 2.1
|
Licensed under the Academic Free License version 2.1
|
||||||
|
|
||||||
1) Grant of Copyright License. Licensor hereby grants You a world-wide, royalty-free,
|
1) Grant of Copyright License. Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, sublicenseable license to do the following:
|
||||||
non-exclusive, perpetual, sublicenseable license to do the following:
|
|
||||||
|
|
||||||
a) to reproduce the Original Work in copies;
|
a) to reproduce the Original Work in copies;
|
||||||
b) to prepare derivative works ("Derivative Works") based upon the Original
|
b) to prepare derivative works ("Derivative Works") based upon the Original Work;
|
||||||
Work;
|
c) to distribute copies of the Original Work and Derivative Works to the public;
|
||||||
c) to distribute copies of the Original Work and Derivative Works to the public;
|
|
||||||
d) to perform the Original Work publicly; and
|
d) to perform the Original Work publicly; and
|
||||||
e) to display the Original Work publicly.
|
e) to display the Original Work publicly.
|
||||||
|
|
||||||
2) Grant of Patent License. Licensor hereby grants You a world-wide, royalty-free,
|
2) Grant of Patent License. Licensor hereby grants You a world-wide, royalty-free, non-exclusive, perpetual, sublicenseable license, under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor, to make, use, sell and offer for sale the Original Work and Derivative Works.
|
||||||
non-exclusive, perpetual, sublicenseable license, under patent claims owned
|
|
||||||
or controlled by the Licensor that are embodied in the Original Work as furnished
|
|
||||||
by the Licensor, to make, use, sell and offer for sale the Original Work and
|
|
||||||
Derivative Works.
|
|
||||||
|
|
||||||
3) Grant of Source Code License. The term "Source Code" means the preferred
|
3) Grant of Source Code License. The term "Source Code" means the preferred form of the Original Work for making modifications to it and all available documentation describing how to modify the Original Work. Licensor hereby agrees to provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work, and by publishing the address of that information repository in a notice immediately following the copyright notice that applies to the Original Work.
|
||||||
form of the Original Work for making modifications to it and all available
|
|
||||||
documentation describing how to modify the Original Work. Licensor hereby
|
|
||||||
agrees to provide a machine-readable copy of the Source Code of the Original
|
|
||||||
Work along with each copy of the Original Work that Licensor distributes.
|
|
||||||
Licensor reserves the right to satisfy this obligation by placing a machine-readable
|
|
||||||
copy of the Source Code in an information repository reasonably calculated
|
|
||||||
to permit inexpensive and convenient access by You for as long as Licensor
|
|
||||||
continues to distribute the Original Work, and by publishing the address of
|
|
||||||
that information repository in a notice immediately following the copyright
|
|
||||||
notice that applies to the Original Work.
|
|
||||||
|
|
||||||
4) Exclusions From License Grant. Neither the names of Licensor, nor the names
|
4) Exclusions From License Grant. Neither the names of Licensor, nor the names of any contributors to the Original Work, nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original Work without express prior written permission of the Licensor. Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor except as expressly stated herein. No patent license is granted to make, use, sell or offer to sell embodiments of any patent claims other than the licensed claims defined in Section 2. No right is granted to the trademarks of Licensor even if such marks are included in the Original Work. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any Original Work that Licensor otherwise would have a right to license.
|
||||||
of any contributors to the Original Work, nor any of their trademarks or service
|
|
||||||
marks, may be used to endorse or promote products derived from this Original
|
|
||||||
Work without express prior written permission of the Licensor. Nothing in
|
|
||||||
this License shall be deemed to grant any rights to trademarks, copyrights,
|
|
||||||
patents, trade secrets or any other intellectual property of Licensor except
|
|
||||||
as expressly stated herein. No patent license is granted to make, use, sell
|
|
||||||
or offer to sell embodiments of any patent claims other than the licensed
|
|
||||||
claims defined in Section 2. No right is granted to the trademarks of Licensor
|
|
||||||
even if such marks are included in the Original Work. Nothing in this License
|
|
||||||
shall be interpreted to prohibit Licensor from licensing under different terms
|
|
||||||
from this License any Original Work that Licensor otherwise would have a right
|
|
||||||
to license.
|
|
||||||
|
|
||||||
5) This section intentionally omitted.
|
5) This section intentionally omitted.
|
||||||
|
|
||||||
6) Attribution Rights. You must retain, in the Source Code of any Derivative
|
6) Attribution Rights. You must retain, in the Source Code of any Derivative Works that You create, all copyright, patent or trademark notices from the Source Code of the Original Work, as well as any notices of licensing and any descriptive text identified therein as an "Attribution Notice." You must cause the Source Code for any Derivative Works that You create to carry a prominent Attribution Notice reasonably calculated to inform recipients that You have modified the Original Work.
|
||||||
Works that You create, all copyright, patent or trademark notices from the
|
|
||||||
Source Code of the Original Work, as well as any notices of licensing and
|
|
||||||
any descriptive text identified therein as an "Attribution Notice." You must
|
|
||||||
cause the Source Code for any Derivative Works that You create to carry a
|
|
||||||
prominent Attribution Notice reasonably calculated to inform recipients that
|
|
||||||
You have modified the Original Work.
|
|
||||||
|
|
||||||
7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that
|
7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that the copyright in and to the Original Work and the patent rights granted herein by Licensor are owned by the Licensor or are sublicensed to You under the terms of this License with the permission of the contributor(s) of those copyrights and patent rights. Except as expressly stated in the immediately proceeding sentence, the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No license to Original Work is granted hereunder except under this disclaimer.
|
||||||
the copyright in and to the Original Work and the patent rights granted herein
|
|
||||||
by Licensor are owned by the Licensor or are sublicensed to You under the
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|
||||||
terms of this License with the permission of the contributor(s) of those copyrights
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|
||||||
and patent rights. Except as expressly stated in the immediately proceeding
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|
||||||
sentence, the Original Work is provided under this License on an "AS IS" BASIS
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|
||||||
and WITHOUT WARRANTY, either express or implied, including, without limitation,
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|
||||||
the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR
|
|
||||||
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU.
|
|
||||||
This DISCLAIMER OF WARRANTY constitutes an essential part of this License.
|
|
||||||
No license to Original Work is granted hereunder except under this disclaimer.
|
|
||||||
|
|
||||||
8) Limitation of Liability. Under no circumstances and under no legal theory,
|
8) Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to any person for any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Original Work including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to liability for death or personal injury resulting from Licensor's negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You.
|
||||||
whether in tort (including negligence), contract, or otherwise, shall the
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|
||||||
Licensor be liable to any person for any direct, indirect, special, incidental,
|
|
||||||
or consequential damages of any character arising as a result of this License
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|
||||||
or the use of the Original Work including, without limitation, damages for
|
|
||||||
loss of goodwill, work stoppage, computer failure or malfunction, or any and
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|
||||||
all other commercial damages or losses. This limitation of liability shall
|
|
||||||
not apply to liability for death or personal injury resulting from Licensor's
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|
||||||
negligence to the extent applicable law prohibits such limitation. Some jurisdictions
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|
||||||
do not allow the exclusion or limitation of incidental or consequential damages,
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|
||||||
so this exclusion and limitation may not apply to You.
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|
||||||
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|
||||||
9) Acceptance and Termination. If You distribute copies of the Original Work
|
9) Acceptance and Termination. If You distribute copies of the Original Work or a Derivative Work, You must make a reasonable effort under the circumstances to obtain the express assent of recipients to the terms of this License. Nothing else but this License (or another written agreement between Licensor and You) grants You permission to create Derivative Works based upon the Original Work or to exercise any of the rights granted in Section 1 herein, and any attempt to do so except under the terms of this License (or another written agreement between Licensor and You) is expressly prohibited by U.S. copyright law, the equivalent laws of other countries, and by international treaty. Therefore, by exercising any of the rights granted to You in Section 1 herein, You indicate Your acceptance of this License and all of its terms and conditions.
|
||||||
or a Derivative Work, You must make a reasonable effort under the circumstances
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|
||||||
to obtain the express assent of recipients to the terms of this License. Nothing
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|
||||||
else but this License (or another written agreement between Licensor and You)
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|
||||||
grants You permission to create Derivative Works based upon the Original Work
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|
||||||
or to exercise any of the rights granted in Section 1 herein, and any attempt
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|
||||||
to do so except under the terms of this License (or another written agreement
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|
||||||
between Licensor and You) is expressly prohibited by U.S. copyright law, the
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|
||||||
equivalent laws of other countries, and by international treaty. Therefore,
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|
||||||
by exercising any of the rights granted to You in Section 1 herein, You indicate
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|
||||||
Your acceptance of this License and all of its terms and conditions.
|
|
||||||
|
|
||||||
10) Termination for Patent Action. This License shall terminate automatically
|
10) Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, against Licensor or any licensee alleging that the Original Work infringes a patent. This termination provision shall not apply for an action alleging patent infringement by combinations of the Original Work with other software or hardware.
|
||||||
and You may no longer exercise any of the rights granted to You by this License
|
|
||||||
as of the date You commence an action, including a cross-claim or counterclaim,
|
|
||||||
against Licensor or any licensee alleging that the Original Work infringes
|
|
||||||
a patent. This termination provision shall not apply for an action alleging
|
|
||||||
patent infringement by combinations of the Original Work with other software
|
|
||||||
or hardware.
|
|
||||||
|
|
||||||
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to
|
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may be brought only in the courts of a jurisdiction wherein the Licensor resides or in which Licensor conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope of this License or after its termination shall be subject to the requirements and penalties of the U.S. Copyright Act, 17 U.S.C. § 101 et seq., the equivalent laws of other countries, and international treaty. This section shall survive the termination of this License.
|
||||||
this License may be brought only in the courts of a jurisdiction wherein the
|
|
||||||
Licensor resides or in which Licensor conducts its primary business, and under
|
|
||||||
the laws of that jurisdiction excluding its conflict-of-law provisions. The
|
|
||||||
application of the United Nations Convention on Contracts for the International
|
|
||||||
Sale of Goods is expressly excluded. Any use of the Original Work outside
|
|
||||||
the scope of this License or after its termination shall be subject to the
|
|
||||||
requirements and penalties of the U.S. Copyright Act, 17 U.S.C. § 101 et seq.,
|
|
||||||
the equivalent laws of other countries, and international treaty. This section
|
|
||||||
shall survive the termination of this License.
|
|
||||||
|
|
||||||
12) Attorneys Fees. In any action to enforce the terms of this License or
|
12) Attorneys Fees. In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys' fees and costs incurred in connection with such action, including any appeal of such action. This section shall survive the termination of this License.
|
||||||
seeking damages relating thereto, the prevailing party shall be entitled to
|
|
||||||
recover its costs and expenses, including, without limitation, reasonable
|
|
||||||
attorneys' fees and costs incurred in connection with such action, including
|
|
||||||
any appeal of such action. This section shall survive the termination of this
|
|
||||||
License.
|
|
||||||
|
|
||||||
13) Miscellaneous. This License represents the complete agreement concerning
|
13) Miscellaneous. This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
|
||||||
the subject matter hereof. If any provision of this License is held to be
|
|
||||||
unenforceable, such provision shall be reformed only to the extent necessary
|
|
||||||
to make it enforceable.
|
|
||||||
|
|
||||||
14) Definition of "You" in This License. "You" throughout this License, whether
|
14) Definition of "You" in This License. "You" throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
|
||||||
in upper or lower case, means an individual or a legal entity exercising rights
|
|
||||||
under, and complying with all of the terms of, this License. For legal entities,
|
|
||||||
"You" includes any entity that controls, is controlled by, or is under common
|
|
||||||
control with you. For purposes of this definition, "control" means (i) the
|
|
||||||
power, direct or indirect, to cause the direction or management of such entity,
|
|
||||||
whether by contract or otherwise, or (ii) ownership of fifty percent (50%)
|
|
||||||
or more of the outstanding shares, or (iii) beneficial ownership of such entity.
|
|
||||||
|
|
||||||
15) Right to Use. You may use the Original Work in all ways not otherwise
|
15) Right to Use. You may use the Original Work in all ways not otherwise restricted or conditioned by this License or by law, and Licensor promises not to interfere with or be responsible for such uses by You.
|
||||||
restricted or conditioned by this License or by law, and Licensor promises
|
|
||||||
not to interfere with or be responsible for such uses by You.
|
|
||||||
|
|
||||||
This license is Copyright (C) 2003-2004 Lawrence E. Rosen. All rights reserved.
|
This license is Copyright (C) 2003-2004 Lawrence E. Rosen. All rights reserved.
|
||||||
Permission is hereby granted to copy and distribute this license without modification.
|
Permission is hereby granted to copy and distribute this license without modification. This license may not be modified without the express written permission of its copyright owner.
|
||||||
This license may not be modified without the express written permission of
|
|
||||||
its copyright owner.
|
|
||||||
|
|
|
@ -1,165 +1,43 @@
|
||||||
Academic Free License (“AFL”) v. 3.0
|
Academic Free License (“AFL”) v. 3.0
|
||||||
|
|
||||||
This Academic Free License (the "License") applies to any original work of
|
This Academic Free License (the "License") applies to any original work of authorship (the "Original Work") whose owner (the "Licensor") has placed the following licensing notice adjacent to the copyright notice for the Original Work:
|
||||||
authorship (the "Original Work") whose owner (the "Licensor") has placed the
|
|
||||||
following licensing notice adjacent to the copyright notice for the Original
|
|
||||||
Work:
|
|
||||||
|
|
||||||
Licensed under the Academic Free License version 3.0
|
Licensed under the Academic Free License version 3.0
|
||||||
|
|
||||||
1) Grant of Copyright License. Licensor grants You a worldwide, royalty-free,
|
1) Grant of Copyright License. Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable license, for the duration of the copyright, to do the following:
|
||||||
non-exclusive, sublicensable license, for the duration of the copyright, to
|
|
||||||
do the following:
|
|
||||||
|
|
||||||
a) to reproduce the Original Work in copies, either alone or as part of a
|
a) to reproduce the Original Work in copies, either alone or as part of a collective work;
|
||||||
collective work;
|
b) to translate, adapt, alter, transform, modify, or arrange the Original Work, thereby creating derivative works ("Derivative Works") based upon the Original Work;
|
||||||
b) to translate, adapt, alter, transform, modify, or arrange the Original
|
c) to distribute or communicate copies of the Original Work and Derivative Works to the public, under any license of your choice that does not contradict the terms and conditions, including Licensor’s reserved rights and remedies, in this Academic Free License;
|
||||||
Work, thereby creating derivative works ("Derivative Works") based upon the
|
|
||||||
Original Work;
|
|
||||||
c) to distribute or communicate copies of the Original Work and Derivative
|
|
||||||
Works to the public, under any license of your choice that does not contradict
|
|
||||||
the terms and conditions, including Licensor’s reserved rights and remedies,
|
|
||||||
in this Academic Free License;
|
|
||||||
d) to perform the Original Work publicly; and
|
d) to perform the Original Work publicly; and
|
||||||
e) to display the Original Work publicly.
|
e) to display the Original Work publicly.
|
||||||
|
|
||||||
2) Grant of Patent License. Licensor grants You a worldwide, royalty-free,
|
2) Grant of Patent License. Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable license, under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor, for the duration of the patents, to make, use, sell, offer for sale, have made, and import the Original Work and Derivative Works.
|
||||||
non-exclusive, sublicensable license, under patent claims owned or controlled
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|
||||||
by the Licensor that are embodied in the Original Work as furnished by the
|
|
||||||
Licensor, for the duration of the patents, to make, use, sell, offer for sale,
|
|
||||||
have made, and import the Original Work and Derivative Works.
|
|
||||||
|
|
||||||
3) Grant of Source Code License. The term "Source Code" means the preferred
|
3) Grant of Source Code License. The term "Source Code" means the preferred form of the Original Work for making modifications to it and all available documentation describing how to modify the Original Work. Licensor agrees to provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to distribute the Original Work.
|
||||||
form of the Original Work for making modifications to it and all available
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|
||||||
documentation describing how to modify the Original Work. Licensor agrees
|
|
||||||
to provide a machine-readable copy of the Source Code of the Original Work
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|
||||||
along with each copy of the Original Work that Licensor distributes. Licensor
|
|
||||||
reserves the right to satisfy this obligation by placing a machine-readable
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|
||||||
copy of the Source Code in an information repository reasonably calculated
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|
||||||
to permit inexpensive and convenient access by You for as long as Licensor
|
|
||||||
continues to distribute the Original Work.
|
|
||||||
|
|
||||||
4) Exclusions From License Grant. Neither the names of Licensor, nor the names
|
4) Exclusions From License Grant. Neither the names of Licensor, nor the names of any contributors to the Original Work, nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original Work without express prior permission of the Licensor. Except as expressly stated herein, nothing in this License grants any license to Licensor’s trademarks, copyrights, patents, trade secrets or any other intellectual property. No patent license is granted to make, use, sell, offer for sale, have made, or import embodiments of any patent claims other than the licensed claims defined in Section 2. No license is granted to the trademarks of Licensor even if such marks are included in the Original Work. Nothing in this License shall be interpreted to prohibit Licensor from licensing under terms different from this License any Original Work that Licensor otherwise would have a right to license.
|
||||||
of any contributors to the Original Work, nor any of their trademarks or service
|
|
||||||
marks, may be used to endorse or promote products derived from this Original
|
|
||||||
Work without express prior permission of the Licensor. Except as expressly
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|
||||||
stated herein, nothing in this License grants any license to Licensor’s trademarks,
|
|
||||||
copyrights, patents, trade secrets or any other intellectual property. No
|
|
||||||
patent license is granted to make, use, sell, offer for sale, have made, or
|
|
||||||
import embodiments of any patent claims other than the licensed claims defined
|
|
||||||
in Section 2. No license is granted to the trademarks of Licensor even if
|
|
||||||
such marks are included in the Original Work. Nothing in this License shall
|
|
||||||
be interpreted to prohibit Licensor from licensing under terms different from
|
|
||||||
this License any Original Work that Licensor otherwise would have a right
|
|
||||||
to license.
|
|
||||||
|
|
||||||
5) External Deployment. The term "External Deployment" means the use, distribution,
|
5) External Deployment. The term "External Deployment" means the use, distribution, or communication of the Original Work or Derivative Works in any way such that the Original Work or Derivative Works may be used by anyone other than You, whether those works are distributed or communicated to those persons or made available as an application intended for use over a network. As an express condition for the grants of license hereunder, You must treat any External Deployment by You of the Original Work or a Derivative Work as a distribution under section 1(c).
|
||||||
or communication of the Original Work or Derivative Works in any way such
|
|
||||||
that the Original Work or Derivative Works may be used by anyone other than
|
|
||||||
You, whether those works are distributed or communicated to those persons
|
|
||||||
or made available as an application intended for use over a network. As an
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|
||||||
express condition for the grants of license hereunder, You must treat any
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|
||||||
External Deployment by You of the Original Work or a Derivative Work as a
|
|
||||||
distribution under section 1(c).
|
|
||||||
|
|
||||||
6) Attribution Rights. You must retain, in the Source Code of any Derivative
|
6) Attribution Rights. You must retain, in the Source Code of any Derivative Works that You create, all copyright, patent, or trademark notices from the Source Code of the Original Work, as well as any notices of licensing and any descriptive text identified therein as an "Attribution Notice." You must cause the Source Code for any Derivative Works that You create to carry a prominent Attribution Notice reasonably calculated to inform recipients that You have modified the Original Work.
|
||||||
Works that You create, all copyright, patent, or trademark notices from the
|
|
||||||
Source Code of the Original Work, as well as any notices of licensing and
|
|
||||||
any descriptive text identified therein as an "Attribution Notice." You must
|
|
||||||
cause the Source Code for any Derivative Works that You create to carry a
|
|
||||||
prominent Attribution Notice reasonably calculated to inform recipients that
|
|
||||||
You have modified the Original Work.
|
|
||||||
|
|
||||||
7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that
|
7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that the copyright in and to the Original Work and the patent rights granted herein by Licensor are owned by the Licensor or are sublicensed to You under the terms of this License with the permission of the contributor(s) of those copyrights and patent rights. Except as expressly stated in the immediately preceding sentence, the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of non-infringement, merchantability or fitness for a particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No license to the Original Work is granted by this License except under this disclaimer.
|
||||||
the copyright in and to the Original Work and the patent rights granted herein
|
|
||||||
by Licensor are owned by the Licensor or are sublicensed to You under the
|
|
||||||
terms of this License with the permission of the contributor(s) of those copyrights
|
|
||||||
and patent rights. Except as expressly stated in the immediately preceding
|
|
||||||
sentence, the Original Work is provided under this License on an "AS IS" BASIS
|
|
||||||
and WITHOUT WARRANTY, either express or implied, including, without limitation,
|
|
||||||
the warranties of non-infringement, merchantability or fitness for a particular
|
|
||||||
purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU.
|
|
||||||
This DISCLAIMER OF WARRANTY constitutes an essential part of this License.
|
|
||||||
No license to the Original Work is granted by this License except under this
|
|
||||||
disclaimer.
|
|
||||||
|
|
||||||
8) Limitation of Liability. Under no circumstances and under no legal theory,
|
8) Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to anyone for any indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Original Work including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to the extent applicable law prohibits such limitation.
|
||||||
whether in tort (including negligence), contract, or otherwise, shall the
|
|
||||||
Licensor be liable to anyone for any indirect, special, incidental, or consequential
|
|
||||||
damages of any character arising as a result of this License or the use of
|
|
||||||
the Original Work including, without limitation, damages for loss of goodwill,
|
|
||||||
work stoppage, computer failure or malfunction, or any and all other commercial
|
|
||||||
damages or losses. This limitation of liability shall not apply to the extent
|
|
||||||
applicable law prohibits such limitation.
|
|
||||||
|
|
||||||
9) Acceptance and Termination. If, at any time, You expressly assented to
|
9) Acceptance and Termination. If, at any time, You expressly assented to this License, that assent indicates your clear and irrevocable acceptance of this License and all of its terms and conditions. If You distribute or communicate copies of the Original Work or a Derivative Work, You must make a reasonable effort under the circumstances to obtain the express assent of recipients to the terms of this License. This License conditions your rights to undertake the activities listed in Section 1, including your right to create Derivative Works based upon the Original Work, and doing so without honoring these terms and conditions is prohibited by copyright law and international treaty. Nothing in this License is intended to affect copyright exceptions and limitations (including “fair use” or “fair dealing”). This License shall terminate immediately and You may no longer exercise any of the rights granted to You by this License upon your failure to honor the conditions in Section 1(c).
|
||||||
this License, that assent indicates your clear and irrevocable acceptance
|
|
||||||
of this License and all of its terms and conditions. If You distribute or
|
|
||||||
communicate copies of the Original Work or a Derivative Work, You must make
|
|
||||||
a reasonable effort under the circumstances to obtain the express assent of
|
|
||||||
recipients to the terms of this License. This License conditions your rights
|
|
||||||
to undertake the activities listed in Section 1, including your right to create
|
|
||||||
Derivative Works based upon the Original Work, and doing so without honoring
|
|
||||||
these terms and conditions is prohibited by copyright law and international
|
|
||||||
treaty. Nothing in this License is intended to affect copyright exceptions
|
|
||||||
and limitations (including “fair use” or “fair dealing”). This License shall
|
|
||||||
terminate immediately and You may no longer exercise any of the rights granted
|
|
||||||
to You by this License upon your failure to honor the conditions in Section
|
|
||||||
1(c).
|
|
||||||
|
|
||||||
10) Termination for Patent Action. This License shall terminate automatically
|
10) Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, against Licensor or any licensee alleging that the Original Work infringes a patent. This termination provision shall not apply for an action alleging patent infringement by combinations of the Original Work with other software or hardware.
|
||||||
and You may no longer exercise any of the rights granted to You by this License
|
|
||||||
as of the date You commence an action, including a cross-claim or counterclaim,
|
|
||||||
against Licensor or any licensee alleging that the Original Work infringes
|
|
||||||
a patent. This termination provision shall not apply for an action alleging
|
|
||||||
patent infringement by combinations of the Original Work with other software
|
|
||||||
or hardware.
|
|
||||||
|
|
||||||
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to
|
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may be brought only in the courts of a jurisdiction wherein the Licensor resides or in which Licensor conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope of this License or after its termination shall be subject to the requirements and penalties of copyright or patent law in the appropriate jurisdiction. This section shall survive the termination of this License.
|
||||||
this License may be brought only in the courts of a jurisdiction wherein the
|
|
||||||
Licensor resides or in which Licensor conducts its primary business, and under
|
|
||||||
the laws of that jurisdiction excluding its conflict-of-law provisions. The
|
|
||||||
application of the United Nations Convention on Contracts for the International
|
|
||||||
Sale of Goods is expressly excluded. Any use of the Original Work outside
|
|
||||||
the scope of this License or after its termination shall be subject to the
|
|
||||||
requirements and penalties of copyright or patent law in the appropriate jurisdiction.
|
|
||||||
This section shall survive the termination of this License.
|
|
||||||
|
|
||||||
12) Attorneys’ Fees. In any action to enforce the terms of this License or
|
12) Attorneys’ Fees. In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys' fees and costs incurred in connection with such action, including any appeal of such action. This section shall survive the termination of this License.
|
||||||
seeking damages relating thereto, the prevailing party shall be entitled to
|
|
||||||
recover its costs and expenses, including, without limitation, reasonable
|
|
||||||
attorneys' fees and costs incurred in connection with such action, including
|
|
||||||
any appeal of such action. This section shall survive the termination of this
|
|
||||||
License.
|
|
||||||
|
|
||||||
13) Miscellaneous. If any provision of this License is held to be unenforceable,
|
13) Miscellaneous. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
|
||||||
such provision shall be reformed only to the extent necessary to make it enforceable.
|
|
||||||
|
|
||||||
14) Definition of "You" in This License. "You" throughout this License, whether
|
14) Definition of "You" in This License. "You" throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
|
||||||
in upper or lower case, means an individual or a legal entity exercising rights
|
|
||||||
under, and complying with all of the terms of, this License. For legal entities,
|
|
||||||
"You" includes any entity that controls, is controlled by, or is under common
|
|
||||||
control with you. For purposes of this definition, "control" means (i) the
|
|
||||||
power, direct or indirect, to cause the direction or management of such entity,
|
|
||||||
whether by contract or otherwise, or (ii) ownership of fifty percent (50%)
|
|
||||||
or more of the outstanding shares, or (iii) beneficial ownership of such entity.
|
|
||||||
|
|
||||||
15) Right to Use. You may use the Original Work in all ways not otherwise
|
15) Right to Use. You may use the Original Work in all ways not otherwise restricted or conditioned by this License or by law, and Licensor promises not to interfere with or be responsible for such uses by You.
|
||||||
restricted or conditioned by this License or by law, and Licensor promises
|
|
||||||
not to interfere with or be responsible for such uses by You.
|
|
||||||
|
|
||||||
16) Modification of This License. This License is Copyright © 2005 Lawrence
|
16) Modification of This License. This License is Copyright © 2005 Lawrence Rosen. Permission is granted to copy, distribute, or communicate this License without modification. Nothing in this License permits You to modify this License as applied to the Original Work or to Derivative Works. However, You may modify the text of this License and copy, distribute or communicate your modified version (the "Modified License") and apply it to other original works of authorship subject to the following conditions: (i) You may not indicate in any way that your Modified License is the "Academic Free License" or "AFL" and you may not use those names in the name of your Modified License; (ii) You must replace the notice specified in the first paragraph above with the notice "Licensed under <insert your license name here>" or with a notice of your own that is not confusingly similar to the notice in this License; and (iii) You may not claim that your original works are open source software unless your Modified License has been approved by Open Source Initiative (OSI) and You comply with its license review and certification process.
|
||||||
Rosen. Permission is granted to copy, distribute, or communicate this License
|
|
||||||
without modification. Nothing in this License permits You to modify this License
|
|
||||||
as applied to the Original Work or to Derivative Works. However, You may modify
|
|
||||||
the text of this License and copy, distribute or communicate your modified
|
|
||||||
version (the "Modified License") and apply it to other original works of authorship
|
|
||||||
subject to the following conditions: (i) You may not indicate in any way that
|
|
||||||
your Modified License is the "Academic Free License" or "AFL" and you may
|
|
||||||
not use those names in the name of your Modified License; (ii) You must replace
|
|
||||||
the notice specified in the first paragraph above with the notice "Licensed
|
|
||||||
under <insert your license name here>" or with a notice of your own that is
|
|
||||||
not confusingly similar to the notice in this License; and (iii) You may not
|
|
||||||
claim that your original works are open source software unless your Modified
|
|
||||||
License has been approved by Open Source Initiative (OSI) and You comply with
|
|
||||||
its license review and certification process.
|
|
||||||
|
|
|
@ -1,267 +1,86 @@
|
||||||
AFFERO GENERAL PUBLIC LICENSE
|
AFFERO GENERAL PUBLIC LICENSE
|
||||||
Version 1, March 2002 Copyright © 2002 Affero Inc. 510 Third Street - Suite
|
Version 1, March 2002 Copyright © 2002 Affero Inc. 510 Third Street - Suite 225, San Francisco, CA 94107, USA
|
||||||
225, San Francisco, CA 94107, USA
|
|
||||||
|
|
||||||
This license is a modified version of the GNU General Public License copyright
|
This license is a modified version of the GNU General Public License copyright (C) 1989, 1991 Free Software Foundation, Inc. made with their permission. Section 2(d) has been added to cover use of software over a computer network.
|
||||||
(C) 1989, 1991 Free Software Foundation, Inc. made with their permission.
|
|
||||||
Section 2(d) has been added to cover use of software over a computer network.
|
|
||||||
|
|
||||||
Everyone is permitted to copy and distribute verbatim copies of this license
|
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
|
||||||
document, but changing it is not allowed.
|
|
||||||
|
|
||||||
Preamble
|
Preamble
|
||||||
|
|
||||||
The licenses for most software are designed to take away your freedom to share
|
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the Affero General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This Public License applies to most of Affero's software and to any other program whose authors commit to using it. (Some other Affero software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too.
|
||||||
and change it. By contrast, the Affero General Public License is intended
|
|
||||||
to guarantee your freedom to share and change free software--to make sure
|
|
||||||
the software is free for all its users. This Public License applies to most
|
|
||||||
of Affero's software and to any other program whose authors commit to using
|
|
||||||
it. (Some other Affero software is covered by the GNU Library General Public
|
|
||||||
License instead.) You can apply it to your programs, too.
|
|
||||||
|
|
||||||
When we speak of free software, we are referring to freedom, not price. This
|
When we speak of free software, we are referring to freedom, not price. This General Public License is designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.
|
||||||
General Public License is designed to make sure that you have the freedom
|
|
||||||
to distribute copies of free software (and charge for this service if you
|
|
||||||
wish), that you receive source code or can get it if you want it, that you
|
|
||||||
can change the software or use pieces of it in new free programs; and that
|
|
||||||
you know you can do these things.
|
|
||||||
|
|
||||||
To protect your rights, we need to make restrictions that forbid anyone to
|
To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.
|
||||||
deny you these rights or to ask you to surrender the rights. These restrictions
|
|
||||||
translate to certain responsibilities for you if you distribute copies of
|
|
||||||
the software, or if you modify it.
|
|
||||||
|
|
||||||
For example, if you distribute copies of such a program, whether gratis or
|
For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.
|
||||||
for a fee, you must give the recipients all the rights that you have. You
|
|
||||||
must make sure that they, too, receive or can get the source code. And you
|
|
||||||
must show them these terms so they know their rights.
|
|
||||||
|
|
||||||
We protect your rights with two steps: (1) copyright the software, and (2)
|
We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.
|
||||||
offer you this license which gives you legal permission to copy, distribute
|
|
||||||
and/or modify the software.
|
|
||||||
|
|
||||||
Also, for each author's protection and ours, we want to make certain that
|
Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.
|
||||||
everyone understands that there is no warranty for this free software. If
|
|
||||||
the software is modified by someone else and passed on, we want its recipients
|
|
||||||
to know that what they have is not the original, so that any problems introduced
|
|
||||||
by others will not reflect on the original authors' reputations.
|
|
||||||
|
|
||||||
Finally, any free program is threatened constantly by software patents. We
|
Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.
|
||||||
wish to avoid the danger that redistributors of a free program will individually
|
|
||||||
obtain patent licenses, in effect making the program proprietary. To prevent
|
|
||||||
this, we have made it clear that any patent must be licensed for everyone's
|
|
||||||
free use or not licensed at all.
|
|
||||||
|
|
||||||
The precise terms and conditions for copying, distribution and modification
|
The precise terms and conditions for copying, distribution and modification follow.
|
||||||
follow.
|
|
||||||
|
|
||||||
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
|
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
|
||||||
|
|
||||||
0. This License applies to any program or other work which contains a notice
|
0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this Affero General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".
|
||||||
placed by the copyright holder saying it may be distributed under the terms
|
|
||||||
of this Affero General Public License. The "Program", below, refers to any
|
|
||||||
such program or work, and a "work based on the Program" means either the Program
|
|
||||||
or any derivative work under copyright law: that is to say, a work containing
|
|
||||||
the Program or a portion of it, either verbatim or with modifications and/or
|
|
||||||
translated into another language. (Hereinafter, translation is included without
|
|
||||||
limitation in the term "modification".) Each licensee is addressed as "you".
|
|
||||||
|
|
||||||
Activities other than copying, distribution and modification are not covered
|
Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.
|
||||||
by this License; they are outside its scope. The act of running the Program
|
|
||||||
is not restricted, and the output from the Program is covered only if its
|
|
||||||
contents constitute a work based on the Program (independent of having been
|
|
||||||
made by running the Program). Whether that is true depends on what the Program
|
|
||||||
does.
|
|
||||||
|
|
||||||
1. You may copy and distribute verbatim copies of the Program's source code
|
1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.
|
||||||
as you receive it, in any medium, provided that you conspicuously and appropriately
|
|
||||||
publish on each copy an appropriate copyright notice and disclaimer of warranty;
|
|
||||||
keep intact all the notices that refer to this License and to the absence
|
|
||||||
of any warranty; and give any other recipients of the Program a copy of this
|
|
||||||
License along with the Program.
|
|
||||||
|
|
||||||
You may charge a fee for the physical act of transferring a copy, and you
|
You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
|
||||||
may at your option offer warranty protection in exchange for a fee.
|
|
||||||
|
|
||||||
2. You may modify your copy or copies of the Program or any portion of it,
|
2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:
|
||||||
thus forming a work based on the Program, and copy and distribute such modifications
|
|
||||||
or work under the terms of Section 1 above, provided that you also meet all
|
|
||||||
of these conditions:
|
|
||||||
|
|
||||||
a) You must cause the modified files to carry prominent notices stating that
|
a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
|
||||||
you changed the files and the date of any change.
|
b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
|
||||||
b) You must cause any work that you distribute or publish, that in whole or
|
c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)
|
||||||
in part contains or is derived from the Program or any part thereof, to be
|
d) If the Program as you received it is intended to interact with users through a computer network and if, in the version you received, any user interacting with the Program was given the opportunity to request transmission to that user of the Program's complete source code, you must not remove that facility from your modified version of the Program or work based on the Program, and must offer an equivalent opportunity for all users interacting with your Program through a computer network to request immediate transmission by HTTP of the complete source code of your modified version or other derivative work.
|
||||||
licensed as a whole at no charge to all third parties under the terms of this
|
|
||||||
License.
|
|
||||||
c) If the modified program normally reads commands interactively when run,
|
|
||||||
you must cause it, when started running for such interactive use in the most
|
|
||||||
ordinary way, to print or display an announcement including an appropriate
|
|
||||||
copyright notice and a notice that there is no warranty (or else, saying that
|
|
||||||
you provide a warranty) and that users may redistribute the program under
|
|
||||||
these conditions, and telling the user how to view a copy of this License.
|
|
||||||
(Exception: if the Program itself is interactive but does not normally print
|
|
||||||
such an announcement, your work based on the Program is not required to print
|
|
||||||
an announcement.)
|
|
||||||
d) If the Program as you received it is intended to interact with users through
|
|
||||||
a computer network and if, in the version you received, any user interacting
|
|
||||||
with the Program was given the opportunity to request transmission to that
|
|
||||||
user of the Program's complete source code, you must not remove that facility
|
|
||||||
from your modified version of the Program or work based on the Program, and
|
|
||||||
must offer an equivalent opportunity for all users interacting with your Program
|
|
||||||
through a computer network to request immediate transmission by HTTP of the
|
|
||||||
complete source code of your modified version or other derivative work.
|
|
||||||
|
|
||||||
These requirements apply to the modified work as a whole. If identifiable
|
These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.
|
||||||
sections of that work are not derived from the Program, and can be reasonably
|
|
||||||
considered independent and separate works in themselves, then this License,
|
|
||||||
and its terms, do not apply to those sections when you distribute them as
|
|
||||||
separate works. But when you distribute the same sections as part of a whole
|
|
||||||
which is a work based on the Program, the distribution of the whole must be
|
|
||||||
on the terms of this License, whose permissions for other licensees extend
|
|
||||||
to the entire whole, and thus to each and every part regardless of who wrote
|
|
||||||
it.
|
|
||||||
|
|
||||||
Thus, it is not the intent of this section to claim rights or contest your
|
Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.
|
||||||
rights to work written entirely by you; rather, the intent is to exercise
|
|
||||||
the right to control the distribution of derivative or collective works based
|
|
||||||
on the Program.
|
|
||||||
|
|
||||||
In addition, mere aggregation of another work not based on the Program with
|
In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.
|
||||||
the Program (or with a work based on the Program) on a volume of a storage
|
|
||||||
or distribution medium does not bring the other work under the scope of this
|
|
||||||
License.
|
|
||||||
|
|
||||||
3. You may copy and distribute the Program (or a work based on it, under Section
|
3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
|
||||||
2) in object code or executable form under the terms of Sections 1 and 2 above
|
a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
|
||||||
provided that you also do one of the following:
|
b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
|
||||||
a) Accompany it with the complete corresponding machine-readable source code,
|
c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
|
||||||
which must be distributed under the terms of Sections 1 and 2 above on a medium
|
|
||||||
customarily used for software interchange; or,
|
|
||||||
b) Accompany it with a written offer, valid for at least three years, to give
|
|
||||||
any third party, for a charge no more than your cost of physically performing
|
|
||||||
source distribution, a complete machine-readable copy of the corresponding
|
|
||||||
source code, to be distributed under the terms of Sections 1 and 2 above on
|
|
||||||
a medium customarily used for software interchange; or,
|
|
||||||
c) Accompany it with the information you received as to the offer to distribute
|
|
||||||
corresponding source code. (This alternative is allowed only for noncommercial
|
|
||||||
distribution and only if you received the program in object code or executable
|
|
||||||
form with such an offer, in accord with Subsection b above.)
|
|
||||||
|
|
||||||
The source code for a work means the preferred form of the work for making
|
The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.
|
||||||
modifications to it. For an executable work, complete source code means all
|
|
||||||
the source code for all modules it contains, plus any associated interface
|
|
||||||
definition files, plus the scripts used to control compilation and installation
|
|
||||||
of the executable. However, as a special exception, the source code distributed
|
|
||||||
need not include anything that is normally distributed (in either source or
|
|
||||||
binary form) with the major components (compiler, kernel, and so on) of the
|
|
||||||
operating system on which the executable runs, unless that component itself
|
|
||||||
accompanies the executable.
|
|
||||||
|
|
||||||
If distribution of executable or object code is made by offering access to
|
If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.
|
||||||
copy from a designated place, then offering equivalent access to copy the
|
|
||||||
source code from the same place counts as distribution of the source code,
|
|
||||||
even though third parties are not compelled to copy the source along with
|
|
||||||
the object code.
|
|
||||||
|
|
||||||
4. You may not copy, modify, sublicense, or distribute the Program except
|
4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
|
||||||
as expressly provided under this License. Any attempt otherwise to copy, modify,
|
|
||||||
sublicense or distribute the Program is void, and will automatically terminate
|
|
||||||
your rights under this License. However, parties who have received copies,
|
|
||||||
or rights, from you under this License will not have their licenses terminated
|
|
||||||
so long as such parties remain in full compliance.
|
|
||||||
|
|
||||||
5. You are not required to accept this License, since you have not signed
|
5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.
|
||||||
it. However, nothing else grants you permission to modify or distribute the
|
|
||||||
Program or its derivative works. These actions are prohibited by law if you
|
|
||||||
do not accept this License. Therefore, by modifying or distributing the Program
|
|
||||||
(or any work based on the Program), you indicate your acceptance of this License
|
|
||||||
to do so, and all its terms and conditions for copying, distributing or modifying
|
|
||||||
the Program or works based on it.
|
|
||||||
|
|
||||||
6. Each time you redistribute the Program (or any work based on the Program),
|
6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
|
||||||
the recipient automatically receives a license from the original licensor
|
|
||||||
to copy, distribute or modify the Program subject to these terms and conditions.
|
|
||||||
You may not impose any further restrictions on the recipients' exercise of
|
|
||||||
the rights granted herein. You are not responsible for enforcing compliance
|
|
||||||
by third parties to this License.
|
|
||||||
|
|
||||||
7. If, as a consequence of a court judgment or allegation of patent infringement
|
7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.
|
||||||
or for any other reason (not limited to patent issues), conditions are imposed
|
|
||||||
on you (whether by court order, agreement or otherwise) that contradict the
|
|
||||||
conditions of this License, they do not excuse you from the conditions of
|
|
||||||
this License. If you cannot distribute so as to satisfy simultaneously your
|
|
||||||
obligations under this License and any other pertinent obligations, then as
|
|
||||||
a consequence you may not distribute the Program at all. For example, if a
|
|
||||||
patent license would not permit royalty-free redistribution of the Program
|
|
||||||
by all those who receive copies directly or indirectly through you, then the
|
|
||||||
only way you could satisfy both it and this License would be to refrain entirely
|
|
||||||
from distribution of the Program.
|
|
||||||
|
|
||||||
If any portion of this section is held invalid or unenforceable under any
|
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.
|
||||||
particular circumstance, the balance of the section is intended to apply and
|
|
||||||
the section as a whole is intended to apply in other circumstances.
|
|
||||||
|
|
||||||
It is not the purpose of this section to induce you to infringe any patents
|
It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.
|
||||||
or other property right claims or to contest validity of any such claims;
|
|
||||||
this section has the sole purpose of protecting the integrity of the free
|
|
||||||
software distribution system, which is implemented by public license practices.
|
|
||||||
Many people have made generous contributions to the wide range of software
|
|
||||||
distributed through that system in reliance on consistent application of that
|
|
||||||
system; it is up to the author/donor to decide if he or she is willing to
|
|
||||||
distribute software through any other system and a licensee cannot impose
|
|
||||||
that choice.
|
|
||||||
|
|
||||||
This section is intended to make thoroughly clear what is believed to be a
|
This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
|
||||||
consequence of the rest of this License.
|
|
||||||
|
|
||||||
8. If the distribution and/or use of the Program is restricted in certain
|
8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
|
||||||
countries either by patents or by copyrighted interfaces, the original copyright
|
|
||||||
holder who places the Program under this License may add an explicit geographical
|
|
||||||
distribution limitation excluding those countries, so that distribution is
|
|
||||||
permitted only in or among countries not thus excluded. In such case, this
|
|
||||||
License incorporates the limitation as if written in the body of this License.
|
|
||||||
|
|
||||||
9. Affero Inc. may publish revised and/or new versions of the Affero General
|
9. Affero Inc. may publish revised and/or new versions of the Affero General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
|
||||||
Public License from time to time. Such new versions will be similar in spirit
|
|
||||||
to the present version, but may differ in detail to address new problems or
|
|
||||||
concerns.
|
|
||||||
|
|
||||||
Each version is given a distinguishing version number. If the Program specifies
|
Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by Affero, Inc. If the Program does not specify a version number of this License, you may choose any version ever published by Affero, Inc.
|
||||||
a version number of this License which applies to it and "any later version",
|
|
||||||
you have the option of following the terms and conditions either of that version
|
|
||||||
or of any later version published by Affero, Inc. If the Program does not
|
|
||||||
specify a version number of this License, you may choose any version ever
|
|
||||||
published by Affero, Inc.
|
|
||||||
|
|
||||||
You may also choose to redistribute modified versions of this program under
|
You may also choose to redistribute modified versions of this program under any version of the Free Software Foundation's GNU General Public License version 3 or higher, so long as that version of the GNU GPL includes terms and conditions substantially equivalent to those of this license.
|
||||||
any version of the Free Software Foundation's GNU General Public License version
|
|
||||||
3 or higher, so long as that version of the GNU GPL includes terms and conditions
|
|
||||||
substantially equivalent to those of this license.
|
|
||||||
|
|
||||||
10. If you wish to incorporate parts of the Program into other free programs
|
10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by Affero, Inc., write to us; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.
|
||||||
whose distribution conditions are different, write to the author to ask for
|
|
||||||
permission. For software which is copyrighted by Affero, Inc., write to us;
|
|
||||||
we sometimes make exceptions for this. Our decision will be guided by the
|
|
||||||
two goals of preserving the free status of all derivatives of our free software
|
|
||||||
and of promoting the sharing and reuse of software generally.
|
|
||||||
|
|
||||||
NO WARRANTY
|
NO WARRANTY
|
||||||
|
|
||||||
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR
|
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
|
||||||
THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE
|
|
||||||
STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM
|
|
||||||
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
|
|
||||||
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
|
|
||||||
FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
|
|
||||||
OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME
|
|
||||||
THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
|
|
||||||
|
|
||||||
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
|
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
||||||
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE
|
|
||||||
THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY
|
|
||||||
GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
|
|
||||||
OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA
|
|
||||||
OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES
|
|
||||||
OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH
|
|
||||||
HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
|
||||||
|
|
|
@ -1,267 +1,86 @@
|
||||||
AFFERO GENERAL PUBLIC LICENSE
|
AFFERO GENERAL PUBLIC LICENSE
|
||||||
Version 1, March 2002 Copyright © 2002 Affero Inc. 510 Third Street - Suite
|
Version 1, March 2002 Copyright © 2002 Affero Inc. 510 Third Street - Suite 225, San Francisco, CA 94107, USA
|
||||||
225, San Francisco, CA 94107, USA
|
|
||||||
|
|
||||||
This license is a modified version of the GNU General Public License copyright
|
This license is a modified version of the GNU General Public License copyright (C) 1989, 1991 Free Software Foundation, Inc. made with their permission. Section 2(d) has been added to cover use of software over a computer network.
|
||||||
(C) 1989, 1991 Free Software Foundation, Inc. made with their permission.
|
|
||||||
Section 2(d) has been added to cover use of software over a computer network.
|
|
||||||
|
|
||||||
Everyone is permitted to copy and distribute verbatim copies of this license
|
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
|
||||||
document, but changing it is not allowed.
|
|
||||||
|
|
||||||
Preamble
|
Preamble
|
||||||
|
|
||||||
The licenses for most software are designed to take away your freedom to share
|
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the Affero General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This Public License applies to most of Affero's software and to any other program whose authors commit to using it. (Some other Affero software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too.
|
||||||
and change it. By contrast, the Affero General Public License is intended
|
|
||||||
to guarantee your freedom to share and change free software--to make sure
|
|
||||||
the software is free for all its users. This Public License applies to most
|
|
||||||
of Affero's software and to any other program whose authors commit to using
|
|
||||||
it. (Some other Affero software is covered by the GNU Library General Public
|
|
||||||
License instead.) You can apply it to your programs, too.
|
|
||||||
|
|
||||||
When we speak of free software, we are referring to freedom, not price. This
|
When we speak of free software, we are referring to freedom, not price. This General Public License is designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.
|
||||||
General Public License is designed to make sure that you have the freedom
|
|
||||||
to distribute copies of free software (and charge for this service if you
|
|
||||||
wish), that you receive source code or can get it if you want it, that you
|
|
||||||
can change the software or use pieces of it in new free programs; and that
|
|
||||||
you know you can do these things.
|
|
||||||
|
|
||||||
To protect your rights, we need to make restrictions that forbid anyone to
|
To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.
|
||||||
deny you these rights or to ask you to surrender the rights. These restrictions
|
|
||||||
translate to certain responsibilities for you if you distribute copies of
|
|
||||||
the software, or if you modify it.
|
|
||||||
|
|
||||||
For example, if you distribute copies of such a program, whether gratis or
|
For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.
|
||||||
for a fee, you must give the recipients all the rights that you have. You
|
|
||||||
must make sure that they, too, receive or can get the source code. And you
|
|
||||||
must show them these terms so they know their rights.
|
|
||||||
|
|
||||||
We protect your rights with two steps: (1) copyright the software, and (2)
|
We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.
|
||||||
offer you this license which gives you legal permission to copy, distribute
|
|
||||||
and/or modify the software.
|
|
||||||
|
|
||||||
Also, for each author's protection and ours, we want to make certain that
|
Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.
|
||||||
everyone understands that there is no warranty for this free software. If
|
|
||||||
the software is modified by someone else and passed on, we want its recipients
|
|
||||||
to know that what they have is not the original, so that any problems introduced
|
|
||||||
by others will not reflect on the original authors' reputations.
|
|
||||||
|
|
||||||
Finally, any free program is threatened constantly by software patents. We
|
Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.
|
||||||
wish to avoid the danger that redistributors of a free program will individually
|
|
||||||
obtain patent licenses, in effect making the program proprietary. To prevent
|
|
||||||
this, we have made it clear that any patent must be licensed for everyone's
|
|
||||||
free use or not licensed at all.
|
|
||||||
|
|
||||||
The precise terms and conditions for copying, distribution and modification
|
The precise terms and conditions for copying, distribution and modification follow.
|
||||||
follow.
|
|
||||||
|
|
||||||
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
|
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
|
||||||
|
|
||||||
0. This License applies to any program or other work which contains a notice
|
0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this Affero General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".
|
||||||
placed by the copyright holder saying it may be distributed under the terms
|
|
||||||
of this Affero General Public License. The "Program", below, refers to any
|
|
||||||
such program or work, and a "work based on the Program" means either the Program
|
|
||||||
or any derivative work under copyright law: that is to say, a work containing
|
|
||||||
the Program or a portion of it, either verbatim or with modifications and/or
|
|
||||||
translated into another language. (Hereinafter, translation is included without
|
|
||||||
limitation in the term "modification".) Each licensee is addressed as "you".
|
|
||||||
|
|
||||||
Activities other than copying, distribution and modification are not covered
|
Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.
|
||||||
by this License; they are outside its scope. The act of running the Program
|
|
||||||
is not restricted, and the output from the Program is covered only if its
|
|
||||||
contents constitute a work based on the Program (independent of having been
|
|
||||||
made by running the Program). Whether that is true depends on what the Program
|
|
||||||
does.
|
|
||||||
|
|
||||||
1. You may copy and distribute verbatim copies of the Program's source code
|
1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.
|
||||||
as you receive it, in any medium, provided that you conspicuously and appropriately
|
|
||||||
publish on each copy an appropriate copyright notice and disclaimer of warranty;
|
|
||||||
keep intact all the notices that refer to this License and to the absence
|
|
||||||
of any warranty; and give any other recipients of the Program a copy of this
|
|
||||||
License along with the Program.
|
|
||||||
|
|
||||||
You may charge a fee for the physical act of transferring a copy, and you
|
You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
|
||||||
may at your option offer warranty protection in exchange for a fee.
|
|
||||||
|
|
||||||
2. You may modify your copy or copies of the Program or any portion of it,
|
2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:
|
||||||
thus forming a work based on the Program, and copy and distribute such modifications
|
|
||||||
or work under the terms of Section 1 above, provided that you also meet all
|
|
||||||
of these conditions:
|
|
||||||
|
|
||||||
a) You must cause the modified files to carry prominent notices stating that
|
a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
|
||||||
you changed the files and the date of any change.
|
b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
|
||||||
b) You must cause any work that you distribute or publish, that in whole or
|
c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)
|
||||||
in part contains or is derived from the Program or any part thereof, to be
|
d) If the Program as you received it is intended to interact with users through a computer network and if, in the version you received, any user interacting with the Program was given the opportunity to request transmission to that user of the Program's complete source code, you must not remove that facility from your modified version of the Program or work based on the Program, and must offer an equivalent opportunity for all users interacting with your Program through a computer network to request immediate transmission by HTTP of the complete source code of your modified version or other derivative work.
|
||||||
licensed as a whole at no charge to all third parties under the terms of this
|
|
||||||
License.
|
|
||||||
c) If the modified program normally reads commands interactively when run,
|
|
||||||
you must cause it, when started running for such interactive use in the most
|
|
||||||
ordinary way, to print or display an announcement including an appropriate
|
|
||||||
copyright notice and a notice that there is no warranty (or else, saying that
|
|
||||||
you provide a warranty) and that users may redistribute the program under
|
|
||||||
these conditions, and telling the user how to view a copy of this License.
|
|
||||||
(Exception: if the Program itself is interactive but does not normally print
|
|
||||||
such an announcement, your work based on the Program is not required to print
|
|
||||||
an announcement.)
|
|
||||||
d) If the Program as you received it is intended to interact with users through
|
|
||||||
a computer network and if, in the version you received, any user interacting
|
|
||||||
with the Program was given the opportunity to request transmission to that
|
|
||||||
user of the Program's complete source code, you must not remove that facility
|
|
||||||
from your modified version of the Program or work based on the Program, and
|
|
||||||
must offer an equivalent opportunity for all users interacting with your Program
|
|
||||||
through a computer network to request immediate transmission by HTTP of the
|
|
||||||
complete source code of your modified version or other derivative work.
|
|
||||||
|
|
||||||
These requirements apply to the modified work as a whole. If identifiable
|
These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.
|
||||||
sections of that work are not derived from the Program, and can be reasonably
|
|
||||||
considered independent and separate works in themselves, then this License,
|
|
||||||
and its terms, do not apply to those sections when you distribute them as
|
|
||||||
separate works. But when you distribute the same sections as part of a whole
|
|
||||||
which is a work based on the Program, the distribution of the whole must be
|
|
||||||
on the terms of this License, whose permissions for other licensees extend
|
|
||||||
to the entire whole, and thus to each and every part regardless of who wrote
|
|
||||||
it.
|
|
||||||
|
|
||||||
Thus, it is not the intent of this section to claim rights or contest your
|
Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.
|
||||||
rights to work written entirely by you; rather, the intent is to exercise
|
|
||||||
the right to control the distribution of derivative or collective works based
|
|
||||||
on the Program.
|
|
||||||
|
|
||||||
In addition, mere aggregation of another work not based on the Program with
|
In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.
|
||||||
the Program (or with a work based on the Program) on a volume of a storage
|
|
||||||
or distribution medium does not bring the other work under the scope of this
|
|
||||||
License.
|
|
||||||
|
|
||||||
3. You may copy and distribute the Program (or a work based on it, under Section
|
3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
|
||||||
2) in object code or executable form under the terms of Sections 1 and 2 above
|
a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
|
||||||
provided that you also do one of the following:
|
b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
|
||||||
a) Accompany it with the complete corresponding machine-readable source code,
|
c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
|
||||||
which must be distributed under the terms of Sections 1 and 2 above on a medium
|
|
||||||
customarily used for software interchange; or,
|
|
||||||
b) Accompany it with a written offer, valid for at least three years, to give
|
|
||||||
any third party, for a charge no more than your cost of physically performing
|
|
||||||
source distribution, a complete machine-readable copy of the corresponding
|
|
||||||
source code, to be distributed under the terms of Sections 1 and 2 above on
|
|
||||||
a medium customarily used for software interchange; or,
|
|
||||||
c) Accompany it with the information you received as to the offer to distribute
|
|
||||||
corresponding source code. (This alternative is allowed only for noncommercial
|
|
||||||
distribution and only if you received the program in object code or executable
|
|
||||||
form with such an offer, in accord with Subsection b above.)
|
|
||||||
|
|
||||||
The source code for a work means the preferred form of the work for making
|
The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.
|
||||||
modifications to it. For an executable work, complete source code means all
|
|
||||||
the source code for all modules it contains, plus any associated interface
|
|
||||||
definition files, plus the scripts used to control compilation and installation
|
|
||||||
of the executable. However, as a special exception, the source code distributed
|
|
||||||
need not include anything that is normally distributed (in either source or
|
|
||||||
binary form) with the major components (compiler, kernel, and so on) of the
|
|
||||||
operating system on which the executable runs, unless that component itself
|
|
||||||
accompanies the executable.
|
|
||||||
|
|
||||||
If distribution of executable or object code is made by offering access to
|
If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.
|
||||||
copy from a designated place, then offering equivalent access to copy the
|
|
||||||
source code from the same place counts as distribution of the source code,
|
|
||||||
even though third parties are not compelled to copy the source along with
|
|
||||||
the object code.
|
|
||||||
|
|
||||||
4. You may not copy, modify, sublicense, or distribute the Program except
|
4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
|
||||||
as expressly provided under this License. Any attempt otherwise to copy, modify,
|
|
||||||
sublicense or distribute the Program is void, and will automatically terminate
|
|
||||||
your rights under this License. However, parties who have received copies,
|
|
||||||
or rights, from you under this License will not have their licenses terminated
|
|
||||||
so long as such parties remain in full compliance.
|
|
||||||
|
|
||||||
5. You are not required to accept this License, since you have not signed
|
5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.
|
||||||
it. However, nothing else grants you permission to modify or distribute the
|
|
||||||
Program or its derivative works. These actions are prohibited by law if you
|
|
||||||
do not accept this License. Therefore, by modifying or distributing the Program
|
|
||||||
(or any work based on the Program), you indicate your acceptance of this License
|
|
||||||
to do so, and all its terms and conditions for copying, distributing or modifying
|
|
||||||
the Program or works based on it.
|
|
||||||
|
|
||||||
6. Each time you redistribute the Program (or any work based on the Program),
|
6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
|
||||||
the recipient automatically receives a license from the original licensor
|
|
||||||
to copy, distribute or modify the Program subject to these terms and conditions.
|
|
||||||
You may not impose any further restrictions on the recipients' exercise of
|
|
||||||
the rights granted herein. You are not responsible for enforcing compliance
|
|
||||||
by third parties to this License.
|
|
||||||
|
|
||||||
7. If, as a consequence of a court judgment or allegation of patent infringement
|
7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.
|
||||||
or for any other reason (not limited to patent issues), conditions are imposed
|
|
||||||
on you (whether by court order, agreement or otherwise) that contradict the
|
|
||||||
conditions of this License, they do not excuse you from the conditions of
|
|
||||||
this License. If you cannot distribute so as to satisfy simultaneously your
|
|
||||||
obligations under this License and any other pertinent obligations, then as
|
|
||||||
a consequence you may not distribute the Program at all. For example, if a
|
|
||||||
patent license would not permit royalty-free redistribution of the Program
|
|
||||||
by all those who receive copies directly or indirectly through you, then the
|
|
||||||
only way you could satisfy both it and this License would be to refrain entirely
|
|
||||||
from distribution of the Program.
|
|
||||||
|
|
||||||
If any portion of this section is held invalid or unenforceable under any
|
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.
|
||||||
particular circumstance, the balance of the section is intended to apply and
|
|
||||||
the section as a whole is intended to apply in other circumstances.
|
|
||||||
|
|
||||||
It is not the purpose of this section to induce you to infringe any patents
|
It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.
|
||||||
or other property right claims or to contest validity of any such claims;
|
|
||||||
this section has the sole purpose of protecting the integrity of the free
|
|
||||||
software distribution system, which is implemented by public license practices.
|
|
||||||
Many people have made generous contributions to the wide range of software
|
|
||||||
distributed through that system in reliance on consistent application of that
|
|
||||||
system; it is up to the author/donor to decide if he or she is willing to
|
|
||||||
distribute software through any other system and a licensee cannot impose
|
|
||||||
that choice.
|
|
||||||
|
|
||||||
This section is intended to make thoroughly clear what is believed to be a
|
This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
|
||||||
consequence of the rest of this License.
|
|
||||||
|
|
||||||
8. If the distribution and/or use of the Program is restricted in certain
|
8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
|
||||||
countries either by patents or by copyrighted interfaces, the original copyright
|
|
||||||
holder who places the Program under this License may add an explicit geographical
|
|
||||||
distribution limitation excluding those countries, so that distribution is
|
|
||||||
permitted only in or among countries not thus excluded. In such case, this
|
|
||||||
License incorporates the limitation as if written in the body of this License.
|
|
||||||
|
|
||||||
9. Affero Inc. may publish revised and/or new versions of the Affero General
|
9. Affero Inc. may publish revised and/or new versions of the Affero General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
|
||||||
Public License from time to time. Such new versions will be similar in spirit
|
|
||||||
to the present version, but may differ in detail to address new problems or
|
|
||||||
concerns.
|
|
||||||
|
|
||||||
Each version is given a distinguishing version number. If the Program specifies
|
Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by Affero, Inc. If the Program does not specify a version number of this License, you may choose any version ever published by Affero, Inc.
|
||||||
a version number of this License which applies to it and "any later version",
|
|
||||||
you have the option of following the terms and conditions either of that version
|
|
||||||
or of any later version published by Affero, Inc. If the Program does not
|
|
||||||
specify a version number of this License, you may choose any version ever
|
|
||||||
published by Affero, Inc.
|
|
||||||
|
|
||||||
You may also choose to redistribute modified versions of this program under
|
You may also choose to redistribute modified versions of this program under any version of the Free Software Foundation's GNU General Public License version 3 or higher, so long as that version of the GNU GPL includes terms and conditions substantially equivalent to those of this license.
|
||||||
any version of the Free Software Foundation's GNU General Public License version
|
|
||||||
3 or higher, so long as that version of the GNU GPL includes terms and conditions
|
|
||||||
substantially equivalent to those of this license.
|
|
||||||
|
|
||||||
10. If you wish to incorporate parts of the Program into other free programs
|
10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by Affero, Inc., write to us; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.
|
||||||
whose distribution conditions are different, write to the author to ask for
|
|
||||||
permission. For software which is copyrighted by Affero, Inc., write to us;
|
|
||||||
we sometimes make exceptions for this. Our decision will be guided by the
|
|
||||||
two goals of preserving the free status of all derivatives of our free software
|
|
||||||
and of promoting the sharing and reuse of software generally.
|
|
||||||
|
|
||||||
NO WARRANTY
|
NO WARRANTY
|
||||||
|
|
||||||
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR
|
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
|
||||||
THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE
|
|
||||||
STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM
|
|
||||||
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
|
|
||||||
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
|
|
||||||
FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
|
|
||||||
OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME
|
|
||||||
THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
|
|
||||||
|
|
||||||
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
|
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
||||||
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE
|
|
||||||
THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY
|
|
||||||
GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
|
|
||||||
OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA
|
|
||||||
OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES
|
|
||||||
OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH
|
|
||||||
HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
|
||||||
|
|
|
@ -3,55 +3,25 @@ Version 3, 19 November 2007
|
||||||
|
|
||||||
Copyright (C) 2007 Free Software Foundation, Inc. <http://fsf.org/>
|
Copyright (C) 2007 Free Software Foundation, Inc. <http://fsf.org/>
|
||||||
|
|
||||||
Everyone is permitted to copy and distribute verbatim copies of this license
|
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
|
||||||
document, but changing it is not allowed.
|
|
||||||
|
|
||||||
Preamble
|
Preamble
|
||||||
|
|
||||||
The GNU Affero General Public License is a free, copyleft license for software
|
The GNU Affero General Public License is a free, copyleft license for software and other kinds of works, specifically designed to ensure cooperation with the community in the case of network server software.
|
||||||
and other kinds of works, specifically designed to ensure cooperation with
|
|
||||||
the community in the case of network server software.
|
|
||||||
|
|
||||||
The licenses for most software and other practical works are designed to take
|
The licenses for most software and other practical works are designed to take away your freedom to share and change the works. By contrast, our General Public Licenses are intended to guarantee your freedom to share and change all versions of a program--to make sure it remains free software for all its users.
|
||||||
away your freedom to share and change the works. By contrast, our General
|
|
||||||
Public Licenses are intended to guarantee your freedom to share and change
|
|
||||||
all versions of a program--to make sure it remains free software for all its
|
|
||||||
users.
|
|
||||||
|
|
||||||
When we speak of free software, we are referring to freedom, not price. Our
|
When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for them if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs, and that you know you can do these things.
|
||||||
General Public Licenses are designed to make sure that you have the freedom
|
|
||||||
to distribute copies of free software (and charge for them if you wish), that
|
|
||||||
you receive source code or can get it if you want it, that you can change
|
|
||||||
the software or use pieces of it in new free programs, and that you know you
|
|
||||||
can do these things.
|
|
||||||
|
|
||||||
Developers that use our General Public Licenses protect your rights with two
|
Developers that use our General Public Licenses protect your rights with two steps: (1) assert copyright on the software, and (2) offer you this License which gives you legal permission to copy, distribute and/or modify the software.
|
||||||
steps: (1) assert copyright on the software, and (2) offer you this License
|
|
||||||
which gives you legal permission to copy, distribute and/or modify the software.
|
|
||||||
|
|
||||||
A secondary benefit of defending all users' freedom is that improvements made
|
A secondary benefit of defending all users' freedom is that improvements made in alternate versions of the program, if they receive widespread use, become available for other developers to incorporate. Many developers of free software are heartened and encouraged by the resulting cooperation. However, in the case of software used on network servers, this result may fail to come about. The GNU General Public License permits making a modified version and letting the public access it on a server without ever releasing its source code to the public.
|
||||||
in alternate versions of the program, if they receive widespread use, become
|
|
||||||
available for other developers to incorporate. Many developers of free software
|
|
||||||
are heartened and encouraged by the resulting cooperation. However, in the
|
|
||||||
case of software used on network servers, this result may fail to come about.
|
|
||||||
The GNU General Public License permits making a modified version and letting
|
|
||||||
the public access it on a server without ever releasing its source code to
|
|
||||||
the public.
|
|
||||||
|
|
||||||
The GNU Affero General Public License is designed specifically to ensure that,
|
The GNU Affero General Public License is designed specifically to ensure that, in such cases, the modified source code becomes available to the community. It requires the operator of a network server to provide the source code of the modified version running there to the users of that server. Therefore, public use of a modified version, on a publicly accessible server, gives the public access to the source code of the modified version.
|
||||||
in such cases, the modified source code becomes available to the community.
|
|
||||||
It requires the operator of a network server to provide the source code of
|
|
||||||
the modified version running there to the users of that server. Therefore,
|
|
||||||
public use of a modified version, on a publicly accessible server, gives the
|
|
||||||
public access to the source code of the modified version.
|
|
||||||
|
|
||||||
An older license, called the Affero General Public License and published by
|
An older license, called the Affero General Public License and published by Affero, was designed to accomplish similar goals. This is a different license, not a version of the Affero GPL, but Affero has released a new version of the Affero GPL which permits relicensing under this license.
|
||||||
Affero, was designed to accomplish similar goals. This is a different license,
|
|
||||||
not a version of the Affero GPL, but Affero has released a new version of
|
|
||||||
the Affero GPL which permits relicensing under this license.
|
|
||||||
|
|
||||||
The precise terms and conditions for copying, distribution and modification
|
The precise terms and conditions for copying, distribution and modification follow.
|
||||||
follow.
|
|
||||||
|
|
||||||
TERMS AND CONDITIONS
|
TERMS AND CONDITIONS
|
||||||
|
|
||||||
|
@ -59,545 +29,207 @@ follow.
|
||||||
|
|
||||||
"This License" refers to version 3 of the GNU Affero General Public License.
|
"This License" refers to version 3 of the GNU Affero General Public License.
|
||||||
|
|
||||||
"Copyright" also means copyright-like laws that apply to other kinds of works,
|
"Copyright" also means copyright-like laws that apply to other kinds of works, such as semiconductor masks.
|
||||||
such as semiconductor masks.
|
|
||||||
|
|
||||||
"The Program" refers to any copyrightable work licensed under this License.
|
"The Program" refers to any copyrightable work licensed under this License. Each licensee is addressed as "you". "Licensees" and "recipients" may be individuals or organizations.
|
||||||
Each licensee is addressed as "you". "Licensees" and "recipients" may be
|
|
||||||
individuals or organizations.
|
|
||||||
|
|
||||||
To "modify" a work means to copy from or adapt all or part of the work in
|
To "modify" a work means to copy from or adapt all or part of the work in a fashion requiring copyright permission, other than the making of an exact copy. The resulting work is called a "modified version" of the earlier work or a work "based on" the earlier work.
|
||||||
a fashion requiring copyright permission, other than the making of an exact
|
|
||||||
copy. The resulting work is called a "modified version" of the earlier work
|
|
||||||
or a work "based on" the earlier work.
|
|
||||||
|
|
||||||
A "covered work" means either the unmodified Program or a work based on the
|
A "covered work" means either the unmodified Program or a work based on the Program.
|
||||||
Program.
|
|
||||||
|
|
||||||
To "propagate" a work means to do anything with it that, without permission,
|
To "propagate" a work means to do anything with it that, without permission, would make you directly or secondarily liable for infringement under applicable copyright law, except executing it on a computer or modifying a private copy. Propagation includes copying, distribution (with or without modification), making available to the public, and in some countries other activities as well.
|
||||||
would make you directly or secondarily liable for infringement under applicable
|
|
||||||
copyright law, except executing it on a computer or modifying a private copy.
|
|
||||||
Propagation includes copying, distribution (with or without modification),
|
|
||||||
making available to the public, and in some countries other activities as
|
|
||||||
well.
|
|
||||||
|
|
||||||
To "convey" a work means any kind of propagation that enables other parties
|
To "convey" a work means any kind of propagation that enables other parties to make or receive copies. Mere interaction with a user through a computer network, with no transfer of a copy, is not conveying.
|
||||||
to make or receive copies. Mere interaction with a user through a computer
|
|
||||||
network, with no transfer of a copy, is not conveying.
|
|
||||||
|
|
||||||
An interactive user interface displays "Appropriate Legal Notices" to the
|
An interactive user interface displays "Appropriate Legal Notices" to the extent that it includes a convenient and prominently visible feature that (1) displays an appropriate copyright notice, and (2) tells the user that there is no warranty for the work (except to the extent that warranties are provided), that licensees may convey the work under this License, and how to view a copy of this License. If the interface presents a list of user commands or options, such as a menu, a prominent item in the list meets this criterion.
|
||||||
extent that it includes a convenient and prominently visible feature that
|
|
||||||
(1) displays an appropriate copyright notice, and (2) tells the user that
|
|
||||||
there is no warranty for the work (except to the extent that warranties are
|
|
||||||
provided), that licensees may convey the work under this License, and how
|
|
||||||
to view a copy of this License. If the interface presents a list of user
|
|
||||||
commands or options, such as a menu, a prominent item in the list meets this
|
|
||||||
criterion.
|
|
||||||
|
|
||||||
1. Source Code.
|
1. Source Code.
|
||||||
The "source code" for a work means the preferred form of the work for making
|
The "source code" for a work means the preferred form of the work for making modifications to it. "Object code" means any non-source form of a work.
|
||||||
modifications to it. "Object code" means any non-source form of a work.
|
|
||||||
|
|
||||||
A "Standard Interface" means an interface that either is an official standard
|
A "Standard Interface" means an interface that either is an official standard defined by a recognized standards body, or, in the case of interfaces specified for a particular programming language, one that is widely used among developers working in that language.
|
||||||
defined by a recognized standards body, or, in the case of interfaces specified
|
|
||||||
for a particular programming language, one that is widely used among developers
|
|
||||||
working in that language.
|
|
||||||
|
|
||||||
The "System Libraries" of an executable work include anything, other than
|
The "System Libraries" of an executable work include anything, other than the work as a whole, that (a) is included in the normal form of packaging a Major Component, but which is not part of that Major Component, and (b) serves only to enable use of the work with that Major Component, or to implement a Standard Interface for which an implementation is available to the public in source code form. A "Major Component", in this context, means a major essential component (kernel, window system, and so on) of the specific operating system (if any) on which the executable work runs, or a compiler used to produce the work, or an object code interpreter used to run it.
|
||||||
the work as a whole, that (a) is included in the normal form of packaging
|
|
||||||
a Major Component, but which is not part of that Major Component, and (b)
|
|
||||||
serves only to enable use of the work with that Major Component, or to implement
|
|
||||||
a Standard Interface for which an implementation is available to the public
|
|
||||||
in source code form. A "Major Component", in this context, means a major
|
|
||||||
essential component (kernel, window system, and so on) of the specific operating
|
|
||||||
system (if any) on which the executable work runs, or a compiler used to produce
|
|
||||||
the work, or an object code interpreter used to run it.
|
|
||||||
|
|
||||||
The "Corresponding Source" for a work in object code form means all the source
|
The "Corresponding Source" for a work in object code form means all the source code needed to generate, install, and (for an executable work) run the object code and to modify the work, including scripts to control those activities. However, it does not include the work's System Libraries, or general-purpose tools or generally available free programs which are used unmodified in performing those activities but which are not part of the work. For example, Corresponding Source includes interface definition files associated with source files for the work, and the source code for shared libraries and dynamically linked subprograms that the work is specifically designed to require, such as by intimate data communication or control flow between those
|
||||||
code needed to generate, install, and (for an executable work) run the object
|
|
||||||
code and to modify the work, including scripts to control those activities.
|
|
||||||
However, it does not include the work's System Libraries, or general-purpose
|
|
||||||
tools or generally available free programs which are used unmodified in performing
|
|
||||||
those activities but which are not part of the work. For example, Corresponding
|
|
||||||
Source includes interface definition files associated with source files for
|
|
||||||
the work, and the source code for shared libraries and dynamically linked
|
|
||||||
subprograms that the work is specifically designed to require, such as by
|
|
||||||
intimate data communication or control flow between those
|
|
||||||
subprograms and other parts of the work.
|
subprograms and other parts of the work.
|
||||||
|
|
||||||
The Corresponding Source need not include anything that users can regenerate
|
The Corresponding Source need not include anything that users can regenerate automatically from other parts of the Corresponding Source.
|
||||||
automatically from other parts of the Corresponding Source.
|
|
||||||
|
|
||||||
The Corresponding Source for a work in source code form is that same work.
|
The Corresponding Source for a work in source code form is that same work.
|
||||||
|
|
||||||
2. Basic Permissions.
|
2. Basic Permissions.
|
||||||
All rights granted under this License are granted for the term of copyright
|
All rights granted under this License are granted for the term of copyright on the Program, and are irrevocable provided the stated conditions are met. This License explicitly affirms your unlimited permission to run the unmodified Program. The output from running a covered work is covered by this License only if the output, given its content, constitutes a covered work. This License acknowledges your rights of fair use or other equivalent, as provided by copyright law.
|
||||||
on the Program, and are irrevocable provided the stated conditions are met.
|
|
||||||
This License explicitly affirms your unlimited permission to run the unmodified
|
|
||||||
Program. The output from running a covered work is covered by this License
|
|
||||||
only if the output, given its content, constitutes a covered work. This License
|
|
||||||
acknowledges your rights of fair use or other equivalent, as provided by copyright
|
|
||||||
law.
|
|
||||||
|
|
||||||
You may make, run and propagate covered works that you do not convey, without
|
You may make, run and propagate covered works that you do not convey, without conditions so long as your license otherwise remains in force. You may convey covered works to others for the sole purpose of having them make modifications exclusively for you, or provide you with facilities for running those works, provided that you comply with the terms of this License in conveying all material for which you do not control copyright. Those thus making or running the covered works for you must do so exclusively on your behalf, under your direction and control, on terms that prohibit them from making any copies of your copyrighted material outside their relationship with you.
|
||||||
conditions so long as your license otherwise remains in force. You may convey
|
|
||||||
covered works to others for the sole purpose of having them make modifications
|
|
||||||
exclusively for you, or provide you with facilities for running those works,
|
|
||||||
provided that you comply with the terms of this License in conveying all material
|
|
||||||
for which you do not control copyright. Those thus making or running the
|
|
||||||
covered works for you must do so exclusively on your behalf, under your direction
|
|
||||||
and control, on terms that prohibit them from making any copies of your copyrighted
|
|
||||||
material outside their relationship with you.
|
|
||||||
|
|
||||||
Conveying under any other circumstances is permitted solely under the conditions
|
Conveying under any other circumstances is permitted solely under the conditions stated below. Sublicensing is not allowed; section 10 makes it unnecessary.
|
||||||
stated below. Sublicensing is not allowed; section 10 makes it unnecessary.
|
|
||||||
|
|
||||||
3. Protecting Users' Legal Rights From Anti-Circumvention Law.
|
3. Protecting Users' Legal Rights From Anti-Circumvention Law.
|
||||||
No covered work shall be deemed part of an effective technological measure
|
No covered work shall be deemed part of an effective technological measure under any applicable law fulfilling obligations under article 11 of the WIPO copyright treaty adopted on 20 December 1996, or similar laws prohibiting or restricting circumvention of such measures.
|
||||||
under any applicable law fulfilling obligations under article 11 of the WIPO
|
|
||||||
copyright treaty adopted on 20 December 1996, or similar laws prohibiting
|
|
||||||
or restricting circumvention of such measures.
|
|
||||||
|
|
||||||
When you convey a covered work, you waive any legal power to forbid circumvention
|
When you convey a covered work, you waive any legal power to forbid circumvention of technological measures to the extent such circumvention is effected by exercising rights under this License with respect to the covered work, and you disclaim any intention to limit operation or modification of the work as a means of enforcing, against the work's users, your or third parties' legal rights to forbid circumvention of technological measures.
|
||||||
of technological measures to the extent such circumvention is effected by
|
|
||||||
exercising rights under this License with respect to the covered work, and
|
|
||||||
you disclaim any intention to limit operation or modification of the work
|
|
||||||
as a means of enforcing, against the work's users, your or third parties'
|
|
||||||
legal rights to forbid circumvention of technological measures.
|
|
||||||
|
|
||||||
4. Conveying Verbatim Copies.
|
4. Conveying Verbatim Copies.
|
||||||
You may convey verbatim copies of the Program's source code as you receive
|
You may convey verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice; keep intact all notices stating that this License and any non-permissive terms added in accord with section 7 apply to the code; keep intact all notices of the absence of any warranty; and give all recipients a copy of this License along with the Program.
|
||||||
it, in any medium, provided that you conspicuously and appropriately publish
|
|
||||||
on each copy an appropriate copyright notice; keep intact all notices stating
|
|
||||||
that this License and any non-permissive terms added in accord with section
|
|
||||||
7 apply to the code; keep intact all notices of the absence of any warranty;
|
|
||||||
and give all recipients a copy of this License along with the Program.
|
|
||||||
|
|
||||||
You may charge any price or no price for each copy that you convey, and you
|
You may charge any price or no price for each copy that you convey, and you may offer support or warranty protection for a fee.
|
||||||
may offer support or warranty protection for a fee.
|
|
||||||
|
|
||||||
5. Conveying Modified Source Versions.
|
5. Conveying Modified Source Versions.
|
||||||
You may convey a work based on the Program, or the modifications to produce
|
You may convey a work based on the Program, or the modifications to produce it from the Program, in the form of source code under the terms of section 4, provided that you also meet all of these conditions:
|
||||||
it from the Program, in the form of source code under the terms of section
|
|
||||||
4, provided that you also meet all of these conditions:
|
|
||||||
|
|
||||||
a) The work must carry prominent notices stating that you modified it, and
|
a) The work must carry prominent notices stating that you modified it, and giving a relevant date.
|
||||||
giving a relevant date.
|
|
||||||
|
|
||||||
b) The work must carry prominent notices stating that it is released under
|
b) The work must carry prominent notices stating that it is released under this License and any conditions added under section 7. This requirement modifies the requirement in section 4 to "keep intact all notices".
|
||||||
this License and any conditions added under section 7. This requirement modifies
|
|
||||||
the requirement in section 4 to "keep intact all notices".
|
|
||||||
|
|
||||||
c) You must license the entire work, as a whole, under this License to anyone
|
c) You must license the entire work, as a whole, under this License to anyone who comes into possession of a copy. This License will therefore apply, along with any applicable section 7 additional terms, to the whole of the work, and all its parts, regardless of how they are packaged. This License gives no permission to license the work in any other way, but it does not invalidate such permission if you have separately received it.
|
||||||
who comes into possession of a copy. This License will therefore apply, along
|
|
||||||
with any applicable section 7 additional terms, to the whole of the work,
|
|
||||||
and all its parts, regardless of how they are packaged. This License gives
|
|
||||||
no permission to license the work in any other way, but it does not invalidate
|
|
||||||
such permission if you have separately received it.
|
|
||||||
|
|
||||||
d) If the work has interactive user interfaces, each must display Appropriate
|
d) If the work has interactive user interfaces, each must display Appropriate Legal Notices; however, if the Program has interactive interfaces that do not display Appropriate Legal Notices, your work need not make them do so.
|
||||||
Legal Notices; however, if the Program has interactive interfaces that do
|
|
||||||
not display Appropriate Legal Notices, your work need not make them do so.
|
|
||||||
|
|
||||||
A compilation of a covered work with other separate and independent works,
|
A compilation of a covered work with other separate and independent works, which are not by their nature extensions of the covered work, and which are not combined with it such as to form a larger program, in or on a volume of a storage or distribution medium, is called an "aggregate" if the compilation and its resulting copyright are not used to limit the access or legal rights of the compilation's users beyond what the individual works permit. Inclusion of a covered work in an aggregate does not cause this License to apply to the other parts of the aggregate.
|
||||||
which are not by their nature extensions of the covered work, and which are
|
|
||||||
not combined with it such as to form a larger program, in or on a volume of
|
|
||||||
a storage or distribution medium, is called an "aggregate" if the compilation
|
|
||||||
and its resulting copyright are not used to limit the access or legal rights
|
|
||||||
of the compilation's users beyond what the individual works permit. Inclusion
|
|
||||||
of a covered work in an aggregate does not cause this License to apply to
|
|
||||||
the other parts of the aggregate.
|
|
||||||
|
|
||||||
6. Conveying Non-Source Forms.
|
6. Conveying Non-Source Forms.
|
||||||
You may convey a covered work in object code form under the terms of sections
|
You may convey a covered work in object code form under the terms of sections 4 and 5, provided that you also convey the machine-readable Corresponding Source under the terms of this License, in one of these ways:
|
||||||
4 and 5, provided that you also convey the machine-readable Corresponding
|
|
||||||
Source under the terms of this License, in one of these ways:
|
|
||||||
|
|
||||||
a) Convey the object code in, or embodied in, a physical product (including
|
a) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by the Corresponding Source fixed on a durable physical medium customarily used for software interchange.
|
||||||
a physical distribution medium), accompanied by the Corresponding Source fixed
|
|
||||||
on a durable physical medium customarily used for software interchange.
|
|
||||||
|
|
||||||
b) Convey the object code in, or embodied in, a physical product (including
|
b) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by a written offer, valid for at least three years and valid for as long as you offer spare parts or customer support for that product model, to give anyone who possesses the object code either (1) a copy of the Corresponding Source for all the software in the product that is covered by this License, on a durable physical medium customarily used for software interchange, for a price no more than your reasonable cost of physically performing this conveying of source, or (2) access to copy the Corresponding Source from a network server at no charge.
|
||||||
a physical distribution medium), accompanied by a written offer, valid for
|
|
||||||
at least three years and valid for as long as you offer spare parts or customer
|
|
||||||
support for that product model, to give anyone who possesses the object code
|
|
||||||
either (1) a copy of the Corresponding Source for all the software in the
|
|
||||||
product that is covered by this License, on a durable physical medium customarily
|
|
||||||
used for software interchange, for a price no more than your reasonable cost
|
|
||||||
of physically performing this conveying of source, or (2) access to copy the
|
|
||||||
Corresponding Source from a network server at no charge.
|
|
||||||
|
|
||||||
c) Convey individual copies of the object code with a copy of the written
|
c) Convey individual copies of the object code with a copy of the written offer to provide the Corresponding Source. This alternative is allowed only occasionally and noncommercially, and only if you received the object code with such an offer, in accord with subsection 6b.
|
||||||
offer to provide the Corresponding Source. This alternative is allowed only
|
|
||||||
occasionally and noncommercially, and only if you received the object code
|
|
||||||
with such an offer, in accord with subsection 6b.
|
|
||||||
|
|
||||||
d) Convey the object code by offering access from a designated place (gratis
|
d) Convey the object code by offering access from a designated place (gratis or for a charge), and offer equivalent access to the Corresponding Source in the same way through the same place at no further charge. You need not require recipients to copy the Corresponding Source along with the object code. If the place to copy the object code is a network server, the Corresponding Source may be on a different server (operated by you or a third party) that supports equivalent copying facilities, provided you maintain clear directions next to the object code saying where to find the Corresponding Source. Regardless of what server hosts the Corresponding Source, you remain obligated to ensure that it is available for as long as needed to satisfy these requirements.
|
||||||
or for a charge), and offer equivalent access to the Corresponding Source
|
|
||||||
in the same way through the same place at no further charge. You need not
|
|
||||||
require recipients to copy the Corresponding Source along with the object
|
|
||||||
code. If the place to copy the object code is a network server, the Corresponding
|
|
||||||
Source may be on a different server (operated by you or a third party) that
|
|
||||||
supports equivalent copying facilities, provided you maintain clear directions
|
|
||||||
next to the object code saying where to find the Corresponding Source. Regardless
|
|
||||||
of what server hosts the Corresponding Source, you remain obligated to ensure
|
|
||||||
that it is available for as long as needed to satisfy these requirements.
|
|
||||||
|
|
||||||
e) Convey the object code using peer-to-peer transmission, provided you inform
|
e) Convey the object code using peer-to-peer transmission, provided you inform other peers where the object code and Corresponding Source of the work are being offered to the general public at no charge under subsection 6d.
|
||||||
other peers where the object code and Corresponding Source of the work are
|
|
||||||
being offered to the general public at no charge under subsection 6d.
|
|
||||||
|
|
||||||
A separable portion of the object code, whose source code is excluded from
|
A separable portion of the object code, whose source code is excluded from the Corresponding Source as a System Library, need not be included in conveying the object code work.
|
||||||
the Corresponding Source as a System Library, need not be included in conveying
|
|
||||||
the object code work.
|
|
||||||
|
|
||||||
A "User Product" is either (1) a "consumer product", which means any tangible
|
A "User Product" is either (1) a "consumer product", which means any tangible personal property which is normally used for personal, family, or household purposes, or (2) anything designed or sold for incorporation into a dwelling. In determining whether a product is a consumer product, doubtful cases shall be resolved in favor of coverage. For a particular product received by a particular user, "normally used" refers to a typical or common use of that class of product, regardless of the status of the particular user or of the way in which the particular user actually uses, or expects or is expected to use, the product. A product is a consumer product regardless of whether the product has substantial commercial, industrial or non-consumer uses, unless such uses represent the only significant mode of use of the product.
|
||||||
personal property which is normally used for personal, family, or household
|
|
||||||
purposes, or (2) anything designed or sold for incorporation into a dwelling.
|
|
||||||
In determining whether a product is a consumer product, doubtful cases shall
|
|
||||||
be resolved in favor of coverage. For a particular product received by a
|
|
||||||
particular user, "normally used" refers to a typical or common use of that
|
|
||||||
class of product, regardless of the status of the particular user or of the
|
|
||||||
way in which the particular user actually uses, or expects or is expected
|
|
||||||
to use, the product. A product is a consumer product regardless of whether
|
|
||||||
the product has substantial commercial, industrial or non-consumer uses, unless
|
|
||||||
such uses represent the only significant mode of use of the product.
|
|
||||||
|
|
||||||
"Installation Information" for a User Product means any methods, procedures,
|
"Installation Information" for a User Product means any methods, procedures, authorization keys, or other information required to install and execute modified versions of a covered work in that User Product from a modified version of its Corresponding Source. The information must suffice to ensure that the continued functioning of the modified object code is in no case prevented or interfered with solely because modification has been made.
|
||||||
authorization keys, or other information required to install and execute modified
|
|
||||||
versions of a covered work in that User Product from a modified version of
|
|
||||||
its Corresponding Source. The information must suffice to ensure that the
|
|
||||||
continued functioning of the modified object code is in no case prevented
|
|
||||||
or interfered with solely because modification has been made.
|
|
||||||
|
|
||||||
If you convey an object code work under this section in, or with, or specifically
|
If you convey an object code work under this section in, or with, or specifically for use in, a User Product, and the conveying occurs as part of a transaction in which the right of possession and use of the User Product is transferred to the recipient in perpetuity or for a fixed term (regardless of how the transaction is characterized), the Corresponding Source conveyed under this section must be accompanied by the Installation Information. But this requirement does not apply if neither you nor any third party retains the ability to install modified object code on the User Product (for example, the work has been installed in ROM).
|
||||||
for use in, a User Product, and the conveying occurs as part of a transaction
|
|
||||||
in which the right of possession and use of the User Product is transferred
|
|
||||||
to the recipient in perpetuity or for a fixed term (regardless of how the
|
|
||||||
transaction is characterized), the Corresponding Source conveyed under this
|
|
||||||
section must be accompanied by the Installation Information. But this requirement
|
|
||||||
does not apply if neither you nor any third party retains the ability to install
|
|
||||||
modified object code on the User Product (for example, the work has been installed
|
|
||||||
in ROM).
|
|
||||||
|
|
||||||
The requirement to provide Installation Information does not include a requirement
|
The requirement to provide Installation Information does not include a requirement to continue to provide support service, warranty, or updates for a work that has been modified or installed by the recipient, or for the User Product in which it has been modified or installed. Access to a network may be denied when the modification itself materially and adversely affects the operation of the network or violates the rules and protocols for communication across the network.
|
||||||
to continue to provide support service, warranty, or updates for a work that
|
|
||||||
has been modified or installed by the recipient, or for the User Product in
|
|
||||||
which it has been modified or installed. Access to a network may be denied
|
|
||||||
when the modification itself materially and adversely affects the operation
|
|
||||||
of the network or violates the rules and protocols for communication across
|
|
||||||
the network.
|
|
||||||
|
|
||||||
Corresponding Source conveyed, and Installation Information provided, in accord
|
Corresponding Source conveyed, and Installation Information provided, in accord with this section must be in a format that is publicly documented (and with an implementation available to the public in source code form), and must require no special password or key for unpacking, reading or copying.
|
||||||
with this section must be in a format that is publicly documented (and with
|
|
||||||
an implementation available to the public in source code form), and must require
|
|
||||||
no special password or key for unpacking, reading or copying.
|
|
||||||
|
|
||||||
7. Additional Terms.
|
7. Additional Terms.
|
||||||
"Additional permissions" are terms that supplement the terms of this License
|
"Additional permissions" are terms that supplement the terms of this License by making exceptions from one or more of its conditions. Additional permissions that are applicable to the entire Program shall be treated as though they were included in this License, to the extent that they are valid under applicable law. If additional permissions apply only to part of the Program, that part may be used separately under those permissions, but the entire Program remains governed by this License without regard to the additional permissions.
|
||||||
by making exceptions from one or more of its conditions. Additional permissions
|
|
||||||
that are applicable to the entire Program shall be treated as though they
|
|
||||||
were included in this License, to the extent that they are valid under applicable
|
|
||||||
law. If additional permissions apply only to part of the Program, that part
|
|
||||||
may be used separately under those permissions, but the entire Program remains
|
|
||||||
governed by this License without regard to the additional permissions.
|
|
||||||
|
|
||||||
When you convey a copy of a covered work, you may at your option remove any
|
When you convey a copy of a covered work, you may at your option remove any additional permissions from that copy, or from any part of it. (Additional permissions may be written to require their own removal in certain cases when you modify the work.) You may place additional permissions on material, added by you to a covered work, for which you have or can give appropriate copyright permission.
|
||||||
additional permissions from that copy, or from any part of it. (Additional
|
|
||||||
permissions may be written to require their own removal in certain cases when
|
|
||||||
you modify the work.) You may place additional permissions on material, added
|
|
||||||
by you to a covered work, for which you have or can give appropriate copyright
|
|
||||||
permission.
|
|
||||||
|
|
||||||
Notwithstanding any other provision of this License, for material you add
|
Notwithstanding any other provision of this License, for material you add to a covered work, you may (if authorized by the copyright holders of that material) supplement the terms of this License with terms:
|
||||||
to a covered work, you may (if authorized by the copyright holders of that
|
|
||||||
material) supplement the terms of this License with terms:
|
|
||||||
|
|
||||||
a) Disclaiming warranty or limiting liability differently from the terms of
|
a) Disclaiming warranty or limiting liability differently from the terms of sections 15 and 16 of this License; or
|
||||||
sections 15 and 16 of this License; or
|
|
||||||
|
|
||||||
b) Requiring preservation of specified reasonable legal notices or author
|
b) Requiring preservation of specified reasonable legal notices or author attributions in that material or in the Appropriate Legal Notices displayed by works containing it; or
|
||||||
attributions in that material or in the Appropriate Legal Notices displayed
|
|
||||||
by works containing it; or
|
|
||||||
|
|
||||||
c) Prohibiting misrepresentation of the origin of that material, or requiring
|
c) Prohibiting misrepresentation of the origin of that material, or requiring that modified versions of such material be marked in reasonable ways as different from the original version; or
|
||||||
that modified versions of such material be marked in reasonable ways as different
|
|
||||||
from the original version; or
|
|
||||||
|
|
||||||
d) Limiting the use for publicity purposes of names of licensors or authors
|
d) Limiting the use for publicity purposes of names of licensors or authors of the material; or
|
||||||
of the material; or
|
|
||||||
|
|
||||||
e) Declining to grant rights under trademark law for use of some trade names,
|
e) Declining to grant rights under trademark law for use of some trade names, trademarks, or service marks; or
|
||||||
trademarks, or service marks; or
|
|
||||||
|
|
||||||
f) Requiring indemnification of licensors and authors of that material by
|
f) Requiring indemnification of licensors and authors of that material by anyone who conveys the material (or modified versions of it) with contractual assumptions of liability to the recipient, for any liability that these contractual assumptions directly impose on those licensors and authors.
|
||||||
anyone who conveys the material (or modified versions of it) with contractual
|
|
||||||
assumptions of liability to the recipient, for any liability that these contractual
|
|
||||||
assumptions directly impose on those licensors and authors.
|
|
||||||
|
|
||||||
All other non-permissive additional terms are considered "further restrictions"
|
All other non-permissive additional terms are considered "further restrictions" within the meaning of section 10. If the Program as you received it, or any part of it, contains a notice stating that it is governed by this License along with a term that is a further restriction, you may remove that term. If a license document contains a further restriction but permits relicensing or conveying under this License, you may add to a covered work material governed by the terms of that license document, provided that the further restriction does not survive such relicensing or conveying.
|
||||||
within the meaning of section 10. If the Program as you received it, or any
|
|
||||||
part of it, contains a notice stating that it is governed by this License
|
|
||||||
along with a term that is a further restriction, you may remove that term.
|
|
||||||
If a license document contains a further restriction but permits relicensing
|
|
||||||
or conveying under this License, you may add to a covered work material governed
|
|
||||||
by the terms of that license document, provided that the further restriction
|
|
||||||
does not survive such relicensing or conveying.
|
|
||||||
|
|
||||||
If you add terms to a covered work in accord with this section, you must place,
|
If you add terms to a covered work in accord with this section, you must place, in the relevant source files, a statement of the additional terms that apply to those files, or a notice indicating where to find the applicable terms.
|
||||||
in the relevant source files, a statement of the additional terms that apply
|
|
||||||
to those files, or a notice indicating where to find the applicable terms.
|
|
||||||
|
|
||||||
Additional terms, permissive or non-permissive, may be stated in the form
|
Additional terms, permissive or non-permissive, may be stated in the form of a separately written license, or stated as exceptions; the above requirements apply either way.
|
||||||
of a separately written license, or stated as exceptions; the above requirements
|
|
||||||
apply either way.
|
|
||||||
|
|
||||||
8. Termination.
|
8. Termination.
|
||||||
|
|
||||||
You may not propagate or modify a covered work except as expressly provided
|
You may not propagate or modify a covered work except as expressly provided under this License. Any attempt otherwise to propagate or modify it is void, and will automatically terminate your rights under this License (including any patent licenses granted under the third paragraph of section 11).
|
||||||
under this License. Any attempt otherwise to propagate or modify it is void,
|
|
||||||
and will automatically terminate your rights under this License (including
|
|
||||||
any patent licenses granted under the third paragraph of section 11).
|
|
||||||
|
|
||||||
However, if you cease all violation of this License, then your license from
|
However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation.
|
||||||
a particular copyright holder is reinstated (a) provisionally, unless and
|
|
||||||
until the copyright holder explicitly and finally terminates your license,
|
|
||||||
and (b) permanently, if the copyright holder fails to notify you of the violation
|
|
||||||
by some reasonable means prior to 60 days after the cessation.
|
|
||||||
|
|
||||||
Moreover, your license from a particular copyright holder is reinstated permanently
|
Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice.
|
||||||
if the copyright holder notifies you of the violation by some reasonable means,
|
|
||||||
this is the first time you have received notice of violation of this License
|
|
||||||
(for any work) from that copyright holder, and you cure the violation prior
|
|
||||||
to 30 days after your receipt of the notice.
|
|
||||||
|
|
||||||
Termination of your rights under this section does not terminate the licenses
|
Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License. If your rights have been terminated and not permanently reinstated, you do not qualify to receive new licenses for the same material under section 10.
|
||||||
of parties who have received copies or rights from you under this License.
|
|
||||||
If your rights have been terminated and not permanently reinstated, you do
|
|
||||||
not qualify to receive new licenses for the same material under section 10.
|
|
||||||
|
|
||||||
9. Acceptance Not Required for Having Copies.
|
9. Acceptance Not Required for Having Copies.
|
||||||
|
|
||||||
You are not required to accept this License in order to receive or run a copy
|
You are not required to accept this License in order to receive or run a copy of the Program. Ancillary propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to receive a copy likewise does not require acceptance. However, nothing other than this License grants you permission to propagate or modify any covered work. These actions infringe copyright if you do not accept this License. Therefore, by modifying or propagating a covered work, you indicate your acceptance of this License to do so.
|
||||||
of the Program. Ancillary propagation of a covered work occurring solely
|
|
||||||
as a consequence of using peer-to-peer transmission to receive a copy likewise
|
|
||||||
does not require acceptance. However, nothing other than this License grants
|
|
||||||
you permission to propagate or modify any covered work. These actions infringe
|
|
||||||
copyright if you do not accept this License. Therefore, by modifying or propagating
|
|
||||||
a covered work, you indicate your acceptance of this License to do so.
|
|
||||||
|
|
||||||
10. Automatic Licensing of Downstream Recipients.
|
10. Automatic Licensing of Downstream Recipients.
|
||||||
|
|
||||||
Each time you convey a covered work, the recipient automatically receives
|
Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License.
|
||||||
a license from the original licensors, to run, modify and propagate that work,
|
|
||||||
subject to this License. You are not responsible for enforcing compliance
|
|
||||||
by third parties with this License.
|
|
||||||
|
|
||||||
An "entity transaction" is a transaction transferring control of an organization,
|
An "entity transaction" is a transaction transferring control of an organization, or substantially all assets of one, or subdividing an organization, or merging organizations. If propagation of a covered work results from an entity transaction, each party to that transaction who receives a copy of the work also receives whatever licenses to the work the party's predecessor in interest had or could give under the previous paragraph, plus a right to possession of the Corresponding Source of the work from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts.
|
||||||
or substantially all assets of one, or subdividing an organization, or merging
|
|
||||||
organizations. If propagation of a covered work results from an entity transaction,
|
|
||||||
each party to that transaction who receives a copy of the work also receives
|
|
||||||
whatever licenses to the work the party's predecessor in interest had or could
|
|
||||||
give under the previous paragraph, plus a right to possession of the Corresponding
|
|
||||||
Source of the work from the predecessor in interest, if the predecessor has
|
|
||||||
it or can get it with reasonable efforts.
|
|
||||||
|
|
||||||
You may not impose any further restrictions on the exercise of the rights
|
You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it.
|
||||||
granted or affirmed under this License. For example, you may not impose a
|
|
||||||
license fee, royalty, or other charge for exercise of rights granted under
|
|
||||||
this License, and you may not initiate litigation (including a cross-claim
|
|
||||||
or counterclaim in a lawsuit) alleging that any patent claim is infringed
|
|
||||||
by making, using, selling, offering for sale, or importing the Program or
|
|
||||||
any portion of it.
|
|
||||||
|
|
||||||
11. Patents.
|
11. Patents.
|
||||||
|
|
||||||
A "contributor" is a copyright holder who authorizes use under this License
|
A "contributor" is a copyright holder who authorizes use under this License of the Program or a work on which the Program is based. The work thus licensed is called the contributor's "contributor version".
|
||||||
of the Program or a work on which the Program is based. The work thus licensed
|
|
||||||
is called the contributor's "contributor version".
|
|
||||||
|
|
||||||
A contributor's "essential patent claims" are all patent claims owned or controlled
|
A contributor's "essential patent claims" are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version. For purposes of this definition, "control" includes the right to grant patent sublicenses in a manner consistent with the requirements of this License.
|
||||||
by the contributor, whether already acquired or hereafter acquired, that would
|
|
||||||
be infringed by some manner, permitted by this License, of making, using,
|
|
||||||
or selling its contributor version, but do not include claims that would be
|
|
||||||
infringed only as a consequence of further modification of the contributor
|
|
||||||
version. For purposes of this definition, "control" includes the right to
|
|
||||||
grant patent sublicenses in a manner consistent with the requirements of this
|
|
||||||
License.
|
|
||||||
|
|
||||||
Each contributor grants you a non-exclusive, worldwide, royalty-free patent
|
Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version.
|
||||||
license under the contributor's essential patent claims, to make, use, sell,
|
|
||||||
offer for sale, import and otherwise run, modify and propagate the contents
|
|
||||||
of its contributor version.
|
|
||||||
|
|
||||||
In the following three paragraphs, a "patent license" is any express agreement
|
In the following three paragraphs, a "patent license" is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent infringement). To "grant" such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party.
|
||||||
or commitment, however denominated, not to enforce a patent (such as an express
|
|
||||||
permission to practice a patent or covenant not to sue for patent infringement).
|
|
||||||
To "grant" such a patent license to a party means to make such an agreement
|
|
||||||
or commitment not to enforce a patent against the party.
|
|
||||||
|
|
||||||
If you convey a covered work, knowingly relying on a patent license, and the
|
If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent
|
||||||
Corresponding Source of the work is not available for anyone to copy, free
|
license to downstream recipients. "Knowingly relying" means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.
|
||||||
of charge and under the terms of this License, through a publicly available
|
|
||||||
network server or other readily accessible means, then you must either (1)
|
|
||||||
cause the Corresponding Source to be so available, or (2) arrange to deprive
|
|
||||||
yourself of the benefit of the patent license for this particular work, or
|
|
||||||
(3) arrange, in a manner consistent with the requirements of this License,
|
|
||||||
to extend the patent
|
|
||||||
license to downstream recipients. "Knowingly relying" means you have actual
|
|
||||||
knowledge that, but for the patent license, your conveying the covered work
|
|
||||||
in a country, or your recipient's use of the covered work in a country, would
|
|
||||||
infringe one or more identifiable patents in that country that you have reason
|
|
||||||
to believe are valid.
|
|
||||||
|
|
||||||
If, pursuant to or in connection with a single transaction or arrangement,
|
If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.
|
||||||
you convey, or propagate by procuring conveyance of, a covered work, and grant
|
|
||||||
a patent license to some of the parties receiving the covered work authorizing
|
|
||||||
them to use, propagate, modify or convey a specific copy of the covered work,
|
|
||||||
then the patent license you grant is automatically extended to all recipients
|
|
||||||
of the covered work and works based on it.
|
|
||||||
|
|
||||||
A patent license is "discriminatory" if it does not include within the scope
|
A patent license is "discriminatory" if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.
|
||||||
of its coverage, prohibits the exercise of, or is conditioned on the non-exercise
|
|
||||||
of one or more of the rights that are specifically granted under this License.
|
|
||||||
You may not convey a covered work if you are a party to an arrangement with
|
|
||||||
a third party that is in the business of distributing software, under which
|
|
||||||
you make payment to the third party based on the extent of your activity of
|
|
||||||
conveying the work, and under which the third party grants, to any of the
|
|
||||||
parties who would receive the covered work from you, a discriminatory patent
|
|
||||||
license (a) in connection with copies of the covered work conveyed by you
|
|
||||||
(or copies made from those copies), or (b) primarily for and in connection
|
|
||||||
with specific products or compilations that contain the covered work, unless
|
|
||||||
you entered into that arrangement, or that patent license was granted, prior
|
|
||||||
to 28 March 2007.
|
|
||||||
|
|
||||||
Nothing in this License shall be construed as excluding or limiting any implied
|
Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law.
|
||||||
license or other defenses to infringement that may otherwise be available
|
|
||||||
to you under applicable patent law.
|
|
||||||
|
|
||||||
12. No Surrender of Others' Freedom.
|
12. No Surrender of Others' Freedom.
|
||||||
|
|
||||||
If conditions are imposed on you (whether by court order, agreement or otherwise)
|
If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot convey a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may
|
||||||
that contradict the conditions of this License, they do not excuse you from
|
not convey it at all. For example, if you agree to terms that obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only way you could satisfy both those terms and this License would be to refrain entirely from conveying the Program.
|
||||||
the conditions of this License. If you cannot convey a covered work so as
|
|
||||||
to satisfy simultaneously your obligations under this License and any other
|
|
||||||
pertinent obligations, then as a consequence you may
|
|
||||||
not convey it at all. For example, if you agree to terms that obligate you
|
|
||||||
to collect a royalty for further conveying from those to whom you convey the
|
|
||||||
Program, the only way you could satisfy both those terms and this License
|
|
||||||
would be to refrain entirely from conveying the Program.
|
|
||||||
|
|
||||||
13. Remote Network Interaction; Use with the GNU General Public License.
|
13. Remote Network Interaction; Use with the GNU General Public License.
|
||||||
|
|
||||||
Notwithstanding any other provision of this License, if you modify the Program,
|
Notwithstanding any other provision of this License, if you modify the Program, your modified version must prominently offer all users interacting with it remotely through a computer network (if your version supports such interaction) an opportunity to receive the Corresponding Source of your version by providing access to the Corresponding Source from a network server at no charge, through some standard or customary means of facilitating copying of software. This Corresponding Source shall include the Corresponding Source for any work covered by version 3 of the GNU General Public License that is incorporated pursuant to the following paragraph.
|
||||||
your modified version must prominently offer all users interacting with it
|
|
||||||
remotely through a computer network (if your version supports such interaction)
|
|
||||||
an opportunity to receive the Corresponding Source of your version by providing
|
|
||||||
access to the Corresponding Source from a network server at no charge, through
|
|
||||||
some standard or customary means of facilitating copying of software. This
|
|
||||||
Corresponding Source shall include the Corresponding Source for any work covered
|
|
||||||
by version 3 of the GNU General Public License that is incorporated pursuant
|
|
||||||
to the following paragraph.
|
|
||||||
|
|
||||||
Notwithstanding any other provision of this License, you have permission to
|
Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version 3 of the GNU General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the work with which it is combined will remain governed by version 3 of the GNU General Public License.
|
||||||
link or combine any covered work with a work licensed under version 3 of the
|
|
||||||
GNU General Public License into a single combined work, and to convey the
|
|
||||||
resulting work. The terms of this License will continue to apply to the part
|
|
||||||
which is the covered work, but the work with which it is combined will remain
|
|
||||||
governed by version 3 of the GNU General Public License.
|
|
||||||
|
|
||||||
14. Revised Versions of this License.
|
14. Revised Versions of this License.
|
||||||
|
|
||||||
The Free Software Foundation may publish revised and/or new versions of the
|
The Free Software Foundation may publish revised and/or new versions of the GNU Affero General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
|
||||||
GNU Affero General Public License from time to time. Such new versions will
|
|
||||||
be similar in spirit to the present version, but may differ in detail to address
|
|
||||||
new problems or concerns.
|
|
||||||
|
|
||||||
Each version is given a distinguishing version number. If the Program specifies
|
Each version is given a distinguishing version number. If the Program specifies that a certain numbered version of the GNU Affero General Public License "or any later version" applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the GNU Affero General Public License, you may choose any version ever published by the Free Software Foundation.
|
||||||
that a certain numbered version of the GNU Affero General Public License "or
|
|
||||||
any later version" applies to it, you have the option of following the terms
|
|
||||||
and conditions either of that numbered version or of any later version published
|
|
||||||
by the Free Software Foundation. If the Program does not specify a version
|
|
||||||
number of the GNU Affero General Public License, you may choose any version
|
|
||||||
ever published by the Free Software Foundation.
|
|
||||||
|
|
||||||
If the Program specifies that a proxy can decide which future versions of
|
If the Program specifies that a proxy can decide which future versions of the GNU Affero General Public License can be used, that proxy's public statement of acceptance of a version permanently authorizes you to choose that version for the Program.
|
||||||
the GNU Affero General Public License can be used, that proxy's public statement
|
|
||||||
of acceptance of a version permanently authorizes you to choose that version
|
|
||||||
for the Program.
|
|
||||||
|
|
||||||
Later license versions may give you additional or different permissions.
|
Later license versions may give you additional or different permissions. However, no additional obligations are imposed on any author or copyright holder as a result of your choosing to follow a later version.
|
||||||
However, no additional obligations are imposed on any author or copyright
|
|
||||||
holder as a result of your choosing to follow a later version.
|
|
||||||
|
|
||||||
15. Disclaimer of Warranty.
|
15. Disclaimer of Warranty.
|
||||||
|
|
||||||
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE
|
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
|
||||||
LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR
|
|
||||||
OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
|
|
||||||
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
|
|
||||||
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK
|
|
||||||
AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
|
|
||||||
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR
|
|
||||||
OR CORRECTION.
|
|
||||||
|
|
||||||
16. Limitation of Liability.
|
16. Limitation of Liability.
|
||||||
|
|
||||||
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL
|
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
||||||
ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM
|
|
||||||
AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL,
|
|
||||||
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO
|
|
||||||
USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED
|
|
||||||
INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE
|
|
||||||
PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER
|
|
||||||
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
|
||||||
|
|
||||||
17. Interpretation of Sections 15 and 16.
|
17. Interpretation of Sections 15 and 16.
|
||||||
|
|
||||||
If the disclaimer of warranty and limitation of liability provided above cannot
|
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.
|
||||||
be given local legal effect according to their terms, reviewing courts shall
|
|
||||||
apply local law that most closely approximates an absolute waiver of all civil
|
|
||||||
liability in connection with the Program, unless a warranty or assumption
|
|
||||||
of liability accompanies a copy of the Program in return for a fee.
|
|
||||||
|
|
||||||
END OF TERMS AND CONDITIONS
|
END OF TERMS AND CONDITIONS
|
||||||
|
|
||||||
How to Apply These Terms to Your New Programs
|
How to Apply These Terms to Your New Programs
|
||||||
|
|
||||||
If you develop a new program, and you want it to be of the greatest possible
|
If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.
|
||||||
use to the public, the best way to achieve this is to make it free software
|
|
||||||
which everyone can redistribute and change under these terms.
|
|
||||||
|
|
||||||
To do so, attach the following notices to the program. It is safest to attach
|
To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively state the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.
|
||||||
them to the start of each source file to most effectively state the exclusion
|
|
||||||
of warranty; and each file should have at least the "copyright" line and a
|
|
||||||
pointer to where the full notice is found.
|
|
||||||
|
|
||||||
<one line to give the program's name and a brief idea of what it does.>
|
<one line to give the program's name and a brief idea of what it does.>
|
||||||
Copyright (C) <year> <name of author>
|
Copyright (C) <year> <name of author>
|
||||||
|
|
||||||
This program is free software: you can redistribute it and/or modify it under
|
This program is free software: you can redistribute it and/or modify it under the terms of the GNU Affero General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version.
|
||||||
the terms of the GNU Affero General Public License as published by the Free
|
|
||||||
Software Foundation, either version 3 of the License, or (at your option)
|
|
||||||
any later version.
|
|
||||||
|
|
||||||
This program is distributed in the hope that it will be useful, but WITHOUT
|
This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Affero General Public License for more details.
|
||||||
ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS
|
|
||||||
FOR A PARTICULAR PURPOSE. See the GNU Affero General Public License for more
|
|
||||||
details.
|
|
||||||
|
|
||||||
You should have received a copy of the GNU Affero General Public License along
|
You should have received a copy of the GNU Affero General Public License along with this program. If not, see <http://www.gnu.org/licenses/>.
|
||||||
with this program. If not, see <http://www.gnu.org/licenses/>.
|
|
||||||
|
|
||||||
Also add information on how to contact you by electronic and paper mail.
|
Also add information on how to contact you by electronic and paper mail.
|
||||||
|
|
||||||
If your software can interact with users remotely through a computer network,
|
If your software can interact with users remotely through a computer network, you should also make sure that it provides a way for users to get its source. For example, if your program is a web application, its interface could display a "Source" link that leads users to an archive of the code. There are many ways you could offer source, and different solutions will be better for different programs; see section 13 for the specific requirements.
|
||||||
you should also make sure that it provides a way for users to get its source.
|
|
||||||
For example, if your program is a web application, its interface could display
|
|
||||||
a "Source" link that leads users to an archive of the code. There are many
|
|
||||||
ways you could offer source, and different solutions will be better for different
|
|
||||||
programs; see section 13 for the specific requirements.
|
|
||||||
|
|
||||||
You should also get your employer (if you work as a programmer) or school,
|
You should also get your employer (if you work as a programmer) or school, if any, to sign a "copyright disclaimer" for the program, if necessary. For more information on this, and how to apply and follow the GNU AGPL, see <http://www.gnu.org/licenses/>.
|
||||||
if any, to sign a "copyright disclaimer" for the program, if necessary. For
|
|
||||||
more information on this, and how to apply and follow the GNU AGPL, see <http://www.gnu.org/licenses/>.
|
|
||||||
|
|
|
@ -3,55 +3,25 @@ Version 3, 19 November 2007
|
||||||
|
|
||||||
Copyright (C) 2007 Free Software Foundation, Inc. <http://fsf.org/>
|
Copyright (C) 2007 Free Software Foundation, Inc. <http://fsf.org/>
|
||||||
|
|
||||||
Everyone is permitted to copy and distribute verbatim copies of this license
|
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
|
||||||
document, but changing it is not allowed.
|
|
||||||
|
|
||||||
Preamble
|
Preamble
|
||||||
|
|
||||||
The GNU Affero General Public License is a free, copyleft license for software
|
The GNU Affero General Public License is a free, copyleft license for software and other kinds of works, specifically designed to ensure cooperation with the community in the case of network server software.
|
||||||
and other kinds of works, specifically designed to ensure cooperation with
|
|
||||||
the community in the case of network server software.
|
|
||||||
|
|
||||||
The licenses for most software and other practical works are designed to take
|
The licenses for most software and other practical works are designed to take away your freedom to share and change the works. By contrast, our General Public Licenses are intended to guarantee your freedom to share and change all versions of a program--to make sure it remains free software for all its users.
|
||||||
away your freedom to share and change the works. By contrast, our General
|
|
||||||
Public Licenses are intended to guarantee your freedom to share and change
|
|
||||||
all versions of a program--to make sure it remains free software for all its
|
|
||||||
users.
|
|
||||||
|
|
||||||
When we speak of free software, we are referring to freedom, not price. Our
|
When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for them if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs, and that you know you can do these things.
|
||||||
General Public Licenses are designed to make sure that you have the freedom
|
|
||||||
to distribute copies of free software (and charge for them if you wish), that
|
|
||||||
you receive source code or can get it if you want it, that you can change
|
|
||||||
the software or use pieces of it in new free programs, and that you know you
|
|
||||||
can do these things.
|
|
||||||
|
|
||||||
Developers that use our General Public Licenses protect your rights with two
|
Developers that use our General Public Licenses protect your rights with two steps: (1) assert copyright on the software, and (2) offer you this License which gives you legal permission to copy, distribute and/or modify the software.
|
||||||
steps: (1) assert copyright on the software, and (2) offer you this License
|
|
||||||
which gives you legal permission to copy, distribute and/or modify the software.
|
|
||||||
|
|
||||||
A secondary benefit of defending all users' freedom is that improvements made
|
A secondary benefit of defending all users' freedom is that improvements made in alternate versions of the program, if they receive widespread use, become available for other developers to incorporate. Many developers of free software are heartened and encouraged by the resulting cooperation. However, in the case of software used on network servers, this result may fail to come about. The GNU General Public License permits making a modified version and letting the public access it on a server without ever releasing its source code to the public.
|
||||||
in alternate versions of the program, if they receive widespread use, become
|
|
||||||
available for other developers to incorporate. Many developers of free software
|
|
||||||
are heartened and encouraged by the resulting cooperation. However, in the
|
|
||||||
case of software used on network servers, this result may fail to come about.
|
|
||||||
The GNU General Public License permits making a modified version and letting
|
|
||||||
the public access it on a server without ever releasing its source code to
|
|
||||||
the public.
|
|
||||||
|
|
||||||
The GNU Affero General Public License is designed specifically to ensure that,
|
The GNU Affero General Public License is designed specifically to ensure that, in such cases, the modified source code becomes available to the community. It requires the operator of a network server to provide the source code of the modified version running there to the users of that server. Therefore, public use of a modified version, on a publicly accessible server, gives the public access to the source code of the modified version.
|
||||||
in such cases, the modified source code becomes available to the community.
|
|
||||||
It requires the operator of a network server to provide the source code of
|
|
||||||
the modified version running there to the users of that server. Therefore,
|
|
||||||
public use of a modified version, on a publicly accessible server, gives the
|
|
||||||
public access to the source code of the modified version.
|
|
||||||
|
|
||||||
An older license, called the Affero General Public License and published by
|
An older license, called the Affero General Public License and published by Affero, was designed to accomplish similar goals. This is a different license, not a version of the Affero GPL, but Affero has released a new version of the Affero GPL which permits relicensing under this license.
|
||||||
Affero, was designed to accomplish similar goals. This is a different license,
|
|
||||||
not a version of the Affero GPL, but Affero has released a new version of
|
|
||||||
the Affero GPL which permits relicensing under this license.
|
|
||||||
|
|
||||||
The precise terms and conditions for copying, distribution and modification
|
The precise terms and conditions for copying, distribution and modification follow.
|
||||||
follow.
|
|
||||||
|
|
||||||
TERMS AND CONDITIONS
|
TERMS AND CONDITIONS
|
||||||
|
|
||||||
|
@ -59,545 +29,207 @@ follow.
|
||||||
|
|
||||||
"This License" refers to version 3 of the GNU Affero General Public License.
|
"This License" refers to version 3 of the GNU Affero General Public License.
|
||||||
|
|
||||||
"Copyright" also means copyright-like laws that apply to other kinds of works,
|
"Copyright" also means copyright-like laws that apply to other kinds of works, such as semiconductor masks.
|
||||||
such as semiconductor masks.
|
|
||||||
|
|
||||||
"The Program" refers to any copyrightable work licensed under this License.
|
"The Program" refers to any copyrightable work licensed under this License. Each licensee is addressed as "you". "Licensees" and "recipients" may be individuals or organizations.
|
||||||
Each licensee is addressed as "you". "Licensees" and "recipients" may be
|
|
||||||
individuals or organizations.
|
|
||||||
|
|
||||||
To "modify" a work means to copy from or adapt all or part of the work in
|
To "modify" a work means to copy from or adapt all or part of the work in a fashion requiring copyright permission, other than the making of an exact copy. The resulting work is called a "modified version" of the earlier work or a work "based on" the earlier work.
|
||||||
a fashion requiring copyright permission, other than the making of an exact
|
|
||||||
copy. The resulting work is called a "modified version" of the earlier work
|
|
||||||
or a work "based on" the earlier work.
|
|
||||||
|
|
||||||
A "covered work" means either the unmodified Program or a work based on the
|
A "covered work" means either the unmodified Program or a work based on the Program.
|
||||||
Program.
|
|
||||||
|
|
||||||
To "propagate" a work means to do anything with it that, without permission,
|
To "propagate" a work means to do anything with it that, without permission, would make you directly or secondarily liable for infringement under applicable copyright law, except executing it on a computer or modifying a private copy. Propagation includes copying, distribution (with or without modification), making available to the public, and in some countries other activities as well.
|
||||||
would make you directly or secondarily liable for infringement under applicable
|
|
||||||
copyright law, except executing it on a computer or modifying a private copy.
|
|
||||||
Propagation includes copying, distribution (with or without modification),
|
|
||||||
making available to the public, and in some countries other activities as
|
|
||||||
well.
|
|
||||||
|
|
||||||
To "convey" a work means any kind of propagation that enables other parties
|
To "convey" a work means any kind of propagation that enables other parties to make or receive copies. Mere interaction with a user through a computer network, with no transfer of a copy, is not conveying.
|
||||||
to make or receive copies. Mere interaction with a user through a computer
|
|
||||||
network, with no transfer of a copy, is not conveying.
|
|
||||||
|
|
||||||
An interactive user interface displays "Appropriate Legal Notices" to the
|
An interactive user interface displays "Appropriate Legal Notices" to the extent that it includes a convenient and prominently visible feature that (1) displays an appropriate copyright notice, and (2) tells the user that there is no warranty for the work (except to the extent that warranties are provided), that licensees may convey the work under this License, and how to view a copy of this License. If the interface presents a list of user commands or options, such as a menu, a prominent item in the list meets this criterion.
|
||||||
extent that it includes a convenient and prominently visible feature that
|
|
||||||
(1) displays an appropriate copyright notice, and (2) tells the user that
|
|
||||||
there is no warranty for the work (except to the extent that warranties are
|
|
||||||
provided), that licensees may convey the work under this License, and how
|
|
||||||
to view a copy of this License. If the interface presents a list of user
|
|
||||||
commands or options, such as a menu, a prominent item in the list meets this
|
|
||||||
criterion.
|
|
||||||
|
|
||||||
1. Source Code.
|
1. Source Code.
|
||||||
The "source code" for a work means the preferred form of the work for making
|
The "source code" for a work means the preferred form of the work for making modifications to it. "Object code" means any non-source form of a work.
|
||||||
modifications to it. "Object code" means any non-source form of a work.
|
|
||||||
|
|
||||||
A "Standard Interface" means an interface that either is an official standard
|
A "Standard Interface" means an interface that either is an official standard defined by a recognized standards body, or, in the case of interfaces specified for a particular programming language, one that is widely used among developers working in that language.
|
||||||
defined by a recognized standards body, or, in the case of interfaces specified
|
|
||||||
for a particular programming language, one that is widely used among developers
|
|
||||||
working in that language.
|
|
||||||
|
|
||||||
The "System Libraries" of an executable work include anything, other than
|
The "System Libraries" of an executable work include anything, other than the work as a whole, that (a) is included in the normal form of packaging a Major Component, but which is not part of that Major Component, and (b) serves only to enable use of the work with that Major Component, or to implement a Standard Interface for which an implementation is available to the public in source code form. A "Major Component", in this context, means a major essential component (kernel, window system, and so on) of the specific operating system (if any) on which the executable work runs, or a compiler used to produce the work, or an object code interpreter used to run it.
|
||||||
the work as a whole, that (a) is included in the normal form of packaging
|
|
||||||
a Major Component, but which is not part of that Major Component, and (b)
|
|
||||||
serves only to enable use of the work with that Major Component, or to implement
|
|
||||||
a Standard Interface for which an implementation is available to the public
|
|
||||||
in source code form. A "Major Component", in this context, means a major
|
|
||||||
essential component (kernel, window system, and so on) of the specific operating
|
|
||||||
system (if any) on which the executable work runs, or a compiler used to produce
|
|
||||||
the work, or an object code interpreter used to run it.
|
|
||||||
|
|
||||||
The "Corresponding Source" for a work in object code form means all the source
|
The "Corresponding Source" for a work in object code form means all the source code needed to generate, install, and (for an executable work) run the object code and to modify the work, including scripts to control those activities. However, it does not include the work's System Libraries, or general-purpose tools or generally available free programs which are used unmodified in performing those activities but which are not part of the work. For example, Corresponding Source includes interface definition files associated with source files for the work, and the source code for shared libraries and dynamically linked subprograms that the work is specifically designed to require, such as by intimate data communication or control flow between those
|
||||||
code needed to generate, install, and (for an executable work) run the object
|
|
||||||
code and to modify the work, including scripts to control those activities.
|
|
||||||
However, it does not include the work's System Libraries, or general-purpose
|
|
||||||
tools or generally available free programs which are used unmodified in performing
|
|
||||||
those activities but which are not part of the work. For example, Corresponding
|
|
||||||
Source includes interface definition files associated with source files for
|
|
||||||
the work, and the source code for shared libraries and dynamically linked
|
|
||||||
subprograms that the work is specifically designed to require, such as by
|
|
||||||
intimate data communication or control flow between those
|
|
||||||
subprograms and other parts of the work.
|
subprograms and other parts of the work.
|
||||||
|
|
||||||
The Corresponding Source need not include anything that users can regenerate
|
The Corresponding Source need not include anything that users can regenerate automatically from other parts of the Corresponding Source.
|
||||||
automatically from other parts of the Corresponding Source.
|
|
||||||
|
|
||||||
The Corresponding Source for a work in source code form is that same work.
|
The Corresponding Source for a work in source code form is that same work.
|
||||||
|
|
||||||
2. Basic Permissions.
|
2. Basic Permissions.
|
||||||
All rights granted under this License are granted for the term of copyright
|
All rights granted under this License are granted for the term of copyright on the Program, and are irrevocable provided the stated conditions are met. This License explicitly affirms your unlimited permission to run the unmodified Program. The output from running a covered work is covered by this License only if the output, given its content, constitutes a covered work. This License acknowledges your rights of fair use or other equivalent, as provided by copyright law.
|
||||||
on the Program, and are irrevocable provided the stated conditions are met.
|
|
||||||
This License explicitly affirms your unlimited permission to run the unmodified
|
|
||||||
Program. The output from running a covered work is covered by this License
|
|
||||||
only if the output, given its content, constitutes a covered work. This License
|
|
||||||
acknowledges your rights of fair use or other equivalent, as provided by copyright
|
|
||||||
law.
|
|
||||||
|
|
||||||
You may make, run and propagate covered works that you do not convey, without
|
You may make, run and propagate covered works that you do not convey, without conditions so long as your license otherwise remains in force. You may convey covered works to others for the sole purpose of having them make modifications exclusively for you, or provide you with facilities for running those works, provided that you comply with the terms of this License in conveying all material for which you do not control copyright. Those thus making or running the covered works for you must do so exclusively on your behalf, under your direction and control, on terms that prohibit them from making any copies of your copyrighted material outside their relationship with you.
|
||||||
conditions so long as your license otherwise remains in force. You may convey
|
|
||||||
covered works to others for the sole purpose of having them make modifications
|
|
||||||
exclusively for you, or provide you with facilities for running those works,
|
|
||||||
provided that you comply with the terms of this License in conveying all material
|
|
||||||
for which you do not control copyright. Those thus making or running the
|
|
||||||
covered works for you must do so exclusively on your behalf, under your direction
|
|
||||||
and control, on terms that prohibit them from making any copies of your copyrighted
|
|
||||||
material outside their relationship with you.
|
|
||||||
|
|
||||||
Conveying under any other circumstances is permitted solely under the conditions
|
Conveying under any other circumstances is permitted solely under the conditions stated below. Sublicensing is not allowed; section 10 makes it unnecessary.
|
||||||
stated below. Sublicensing is not allowed; section 10 makes it unnecessary.
|
|
||||||
|
|
||||||
3. Protecting Users' Legal Rights From Anti-Circumvention Law.
|
3. Protecting Users' Legal Rights From Anti-Circumvention Law.
|
||||||
No covered work shall be deemed part of an effective technological measure
|
No covered work shall be deemed part of an effective technological measure under any applicable law fulfilling obligations under article 11 of the WIPO copyright treaty adopted on 20 December 1996, or similar laws prohibiting or restricting circumvention of such measures.
|
||||||
under any applicable law fulfilling obligations under article 11 of the WIPO
|
|
||||||
copyright treaty adopted on 20 December 1996, or similar laws prohibiting
|
|
||||||
or restricting circumvention of such measures.
|
|
||||||
|
|
||||||
When you convey a covered work, you waive any legal power to forbid circumvention
|
When you convey a covered work, you waive any legal power to forbid circumvention of technological measures to the extent such circumvention is effected by exercising rights under this License with respect to the covered work, and you disclaim any intention to limit operation or modification of the work as a means of enforcing, against the work's users, your or third parties' legal rights to forbid circumvention of technological measures.
|
||||||
of technological measures to the extent such circumvention is effected by
|
|
||||||
exercising rights under this License with respect to the covered work, and
|
|
||||||
you disclaim any intention to limit operation or modification of the work
|
|
||||||
as a means of enforcing, against the work's users, your or third parties'
|
|
||||||
legal rights to forbid circumvention of technological measures.
|
|
||||||
|
|
||||||
4. Conveying Verbatim Copies.
|
4. Conveying Verbatim Copies.
|
||||||
You may convey verbatim copies of the Program's source code as you receive
|
You may convey verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice; keep intact all notices stating that this License and any non-permissive terms added in accord with section 7 apply to the code; keep intact all notices of the absence of any warranty; and give all recipients a copy of this License along with the Program.
|
||||||
it, in any medium, provided that you conspicuously and appropriately publish
|
|
||||||
on each copy an appropriate copyright notice; keep intact all notices stating
|
|
||||||
that this License and any non-permissive terms added in accord with section
|
|
||||||
7 apply to the code; keep intact all notices of the absence of any warranty;
|
|
||||||
and give all recipients a copy of this License along with the Program.
|
|
||||||
|
|
||||||
You may charge any price or no price for each copy that you convey, and you
|
You may charge any price or no price for each copy that you convey, and you may offer support or warranty protection for a fee.
|
||||||
may offer support or warranty protection for a fee.
|
|
||||||
|
|
||||||
5. Conveying Modified Source Versions.
|
5. Conveying Modified Source Versions.
|
||||||
You may convey a work based on the Program, or the modifications to produce
|
You may convey a work based on the Program, or the modifications to produce it from the Program, in the form of source code under the terms of section 4, provided that you also meet all of these conditions:
|
||||||
it from the Program, in the form of source code under the terms of section
|
|
||||||
4, provided that you also meet all of these conditions:
|
|
||||||
|
|
||||||
a) The work must carry prominent notices stating that you modified it, and
|
a) The work must carry prominent notices stating that you modified it, and giving a relevant date.
|
||||||
giving a relevant date.
|
|
||||||
|
|
||||||
b) The work must carry prominent notices stating that it is released under
|
b) The work must carry prominent notices stating that it is released under this License and any conditions added under section 7. This requirement modifies the requirement in section 4 to "keep intact all notices".
|
||||||
this License and any conditions added under section 7. This requirement modifies
|
|
||||||
the requirement in section 4 to "keep intact all notices".
|
|
||||||
|
|
||||||
c) You must license the entire work, as a whole, under this License to anyone
|
c) You must license the entire work, as a whole, under this License to anyone who comes into possession of a copy. This License will therefore apply, along with any applicable section 7 additional terms, to the whole of the work, and all its parts, regardless of how they are packaged. This License gives no permission to license the work in any other way, but it does not invalidate such permission if you have separately received it.
|
||||||
who comes into possession of a copy. This License will therefore apply, along
|
|
||||||
with any applicable section 7 additional terms, to the whole of the work,
|
|
||||||
and all its parts, regardless of how they are packaged. This License gives
|
|
||||||
no permission to license the work in any other way, but it does not invalidate
|
|
||||||
such permission if you have separately received it.
|
|
||||||
|
|
||||||
d) If the work has interactive user interfaces, each must display Appropriate
|
d) If the work has interactive user interfaces, each must display Appropriate Legal Notices; however, if the Program has interactive interfaces that do not display Appropriate Legal Notices, your work need not make them do so.
|
||||||
Legal Notices; however, if the Program has interactive interfaces that do
|
|
||||||
not display Appropriate Legal Notices, your work need not make them do so.
|
|
||||||
|
|
||||||
A compilation of a covered work with other separate and independent works,
|
A compilation of a covered work with other separate and independent works, which are not by their nature extensions of the covered work, and which are not combined with it such as to form a larger program, in or on a volume of a storage or distribution medium, is called an "aggregate" if the compilation and its resulting copyright are not used to limit the access or legal rights of the compilation's users beyond what the individual works permit. Inclusion of a covered work in an aggregate does not cause this License to apply to the other parts of the aggregate.
|
||||||
which are not by their nature extensions of the covered work, and which are
|
|
||||||
not combined with it such as to form a larger program, in or on a volume of
|
|
||||||
a storage or distribution medium, is called an "aggregate" if the compilation
|
|
||||||
and its resulting copyright are not used to limit the access or legal rights
|
|
||||||
of the compilation's users beyond what the individual works permit. Inclusion
|
|
||||||
of a covered work in an aggregate does not cause this License to apply to
|
|
||||||
the other parts of the aggregate.
|
|
||||||
|
|
||||||
6. Conveying Non-Source Forms.
|
6. Conveying Non-Source Forms.
|
||||||
You may convey a covered work in object code form under the terms of sections
|
You may convey a covered work in object code form under the terms of sections 4 and 5, provided that you also convey the machine-readable Corresponding Source under the terms of this License, in one of these ways:
|
||||||
4 and 5, provided that you also convey the machine-readable Corresponding
|
|
||||||
Source under the terms of this License, in one of these ways:
|
|
||||||
|
|
||||||
a) Convey the object code in, or embodied in, a physical product (including
|
a) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by the Corresponding Source fixed on a durable physical medium customarily used for software interchange.
|
||||||
a physical distribution medium), accompanied by the Corresponding Source fixed
|
|
||||||
on a durable physical medium customarily used for software interchange.
|
|
||||||
|
|
||||||
b) Convey the object code in, or embodied in, a physical product (including
|
b) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by a written offer, valid for at least three years and valid for as long as you offer spare parts or customer support for that product model, to give anyone who possesses the object code either (1) a copy of the Corresponding Source for all the software in the product that is covered by this License, on a durable physical medium customarily used for software interchange, for a price no more than your reasonable cost of physically performing this conveying of source, or (2) access to copy the Corresponding Source from a network server at no charge.
|
||||||
a physical distribution medium), accompanied by a written offer, valid for
|
|
||||||
at least three years and valid for as long as you offer spare parts or customer
|
|
||||||
support for that product model, to give anyone who possesses the object code
|
|
||||||
either (1) a copy of the Corresponding Source for all the software in the
|
|
||||||
product that is covered by this License, on a durable physical medium customarily
|
|
||||||
used for software interchange, for a price no more than your reasonable cost
|
|
||||||
of physically performing this conveying of source, or (2) access to copy the
|
|
||||||
Corresponding Source from a network server at no charge.
|
|
||||||
|
|
||||||
c) Convey individual copies of the object code with a copy of the written
|
c) Convey individual copies of the object code with a copy of the written offer to provide the Corresponding Source. This alternative is allowed only occasionally and noncommercially, and only if you received the object code with such an offer, in accord with subsection 6b.
|
||||||
offer to provide the Corresponding Source. This alternative is allowed only
|
|
||||||
occasionally and noncommercially, and only if you received the object code
|
|
||||||
with such an offer, in accord with subsection 6b.
|
|
||||||
|
|
||||||
d) Convey the object code by offering access from a designated place (gratis
|
d) Convey the object code by offering access from a designated place (gratis or for a charge), and offer equivalent access to the Corresponding Source in the same way through the same place at no further charge. You need not require recipients to copy the Corresponding Source along with the object code. If the place to copy the object code is a network server, the Corresponding Source may be on a different server (operated by you or a third party) that supports equivalent copying facilities, provided you maintain clear directions next to the object code saying where to find the Corresponding Source. Regardless of what server hosts the Corresponding Source, you remain obligated to ensure that it is available for as long as needed to satisfy these requirements.
|
||||||
or for a charge), and offer equivalent access to the Corresponding Source
|
|
||||||
in the same way through the same place at no further charge. You need not
|
|
||||||
require recipients to copy the Corresponding Source along with the object
|
|
||||||
code. If the place to copy the object code is a network server, the Corresponding
|
|
||||||
Source may be on a different server (operated by you or a third party) that
|
|
||||||
supports equivalent copying facilities, provided you maintain clear directions
|
|
||||||
next to the object code saying where to find the Corresponding Source. Regardless
|
|
||||||
of what server hosts the Corresponding Source, you remain obligated to ensure
|
|
||||||
that it is available for as long as needed to satisfy these requirements.
|
|
||||||
|
|
||||||
e) Convey the object code using peer-to-peer transmission, provided you inform
|
e) Convey the object code using peer-to-peer transmission, provided you inform other peers where the object code and Corresponding Source of the work are being offered to the general public at no charge under subsection 6d.
|
||||||
other peers where the object code and Corresponding Source of the work are
|
|
||||||
being offered to the general public at no charge under subsection 6d.
|
|
||||||
|
|
||||||
A separable portion of the object code, whose source code is excluded from
|
A separable portion of the object code, whose source code is excluded from the Corresponding Source as a System Library, need not be included in conveying the object code work.
|
||||||
the Corresponding Source as a System Library, need not be included in conveying
|
|
||||||
the object code work.
|
|
||||||
|
|
||||||
A "User Product" is either (1) a "consumer product", which means any tangible
|
A "User Product" is either (1) a "consumer product", which means any tangible personal property which is normally used for personal, family, or household purposes, or (2) anything designed or sold for incorporation into a dwelling. In determining whether a product is a consumer product, doubtful cases shall be resolved in favor of coverage. For a particular product received by a particular user, "normally used" refers to a typical or common use of that class of product, regardless of the status of the particular user or of the way in which the particular user actually uses, or expects or is expected to use, the product. A product is a consumer product regardless of whether the product has substantial commercial, industrial or non-consumer uses, unless such uses represent the only significant mode of use of the product.
|
||||||
personal property which is normally used for personal, family, or household
|
|
||||||
purposes, or (2) anything designed or sold for incorporation into a dwelling.
|
|
||||||
In determining whether a product is a consumer product, doubtful cases shall
|
|
||||||
be resolved in favor of coverage. For a particular product received by a
|
|
||||||
particular user, "normally used" refers to a typical or common use of that
|
|
||||||
class of product, regardless of the status of the particular user or of the
|
|
||||||
way in which the particular user actually uses, or expects or is expected
|
|
||||||
to use, the product. A product is a consumer product regardless of whether
|
|
||||||
the product has substantial commercial, industrial or non-consumer uses, unless
|
|
||||||
such uses represent the only significant mode of use of the product.
|
|
||||||
|
|
||||||
"Installation Information" for a User Product means any methods, procedures,
|
"Installation Information" for a User Product means any methods, procedures, authorization keys, or other information required to install and execute modified versions of a covered work in that User Product from a modified version of its Corresponding Source. The information must suffice to ensure that the continued functioning of the modified object code is in no case prevented or interfered with solely because modification has been made.
|
||||||
authorization keys, or other information required to install and execute modified
|
|
||||||
versions of a covered work in that User Product from a modified version of
|
|
||||||
its Corresponding Source. The information must suffice to ensure that the
|
|
||||||
continued functioning of the modified object code is in no case prevented
|
|
||||||
or interfered with solely because modification has been made.
|
|
||||||
|
|
||||||
If you convey an object code work under this section in, or with, or specifically
|
If you convey an object code work under this section in, or with, or specifically for use in, a User Product, and the conveying occurs as part of a transaction in which the right of possession and use of the User Product is transferred to the recipient in perpetuity or for a fixed term (regardless of how the transaction is characterized), the Corresponding Source conveyed under this section must be accompanied by the Installation Information. But this requirement does not apply if neither you nor any third party retains the ability to install modified object code on the User Product (for example, the work has been installed in ROM).
|
||||||
for use in, a User Product, and the conveying occurs as part of a transaction
|
|
||||||
in which the right of possession and use of the User Product is transferred
|
|
||||||
to the recipient in perpetuity or for a fixed term (regardless of how the
|
|
||||||
transaction is characterized), the Corresponding Source conveyed under this
|
|
||||||
section must be accompanied by the Installation Information. But this requirement
|
|
||||||
does not apply if neither you nor any third party retains the ability to install
|
|
||||||
modified object code on the User Product (for example, the work has been installed
|
|
||||||
in ROM).
|
|
||||||
|
|
||||||
The requirement to provide Installation Information does not include a requirement
|
The requirement to provide Installation Information does not include a requirement to continue to provide support service, warranty, or updates for a work that has been modified or installed by the recipient, or for the User Product in which it has been modified or installed. Access to a network may be denied when the modification itself materially and adversely affects the operation of the network or violates the rules and protocols for communication across the network.
|
||||||
to continue to provide support service, warranty, or updates for a work that
|
|
||||||
has been modified or installed by the recipient, or for the User Product in
|
|
||||||
which it has been modified or installed. Access to a network may be denied
|
|
||||||
when the modification itself materially and adversely affects the operation
|
|
||||||
of the network or violates the rules and protocols for communication across
|
|
||||||
the network.
|
|
||||||
|
|
||||||
Corresponding Source conveyed, and Installation Information provided, in accord
|
Corresponding Source conveyed, and Installation Information provided, in accord with this section must be in a format that is publicly documented (and with an implementation available to the public in source code form), and must require no special password or key for unpacking, reading or copying.
|
||||||
with this section must be in a format that is publicly documented (and with
|
|
||||||
an implementation available to the public in source code form), and must require
|
|
||||||
no special password or key for unpacking, reading or copying.
|
|
||||||
|
|
||||||
7. Additional Terms.
|
7. Additional Terms.
|
||||||
"Additional permissions" are terms that supplement the terms of this License
|
"Additional permissions" are terms that supplement the terms of this License by making exceptions from one or more of its conditions. Additional permissions that are applicable to the entire Program shall be treated as though they were included in this License, to the extent that they are valid under applicable law. If additional permissions apply only to part of the Program, that part may be used separately under those permissions, but the entire Program remains governed by this License without regard to the additional permissions.
|
||||||
by making exceptions from one or more of its conditions. Additional permissions
|
|
||||||
that are applicable to the entire Program shall be treated as though they
|
|
||||||
were included in this License, to the extent that they are valid under applicable
|
|
||||||
law. If additional permissions apply only to part of the Program, that part
|
|
||||||
may be used separately under those permissions, but the entire Program remains
|
|
||||||
governed by this License without regard to the additional permissions.
|
|
||||||
|
|
||||||
When you convey a copy of a covered work, you may at your option remove any
|
When you convey a copy of a covered work, you may at your option remove any additional permissions from that copy, or from any part of it. (Additional permissions may be written to require their own removal in certain cases when you modify the work.) You may place additional permissions on material, added by you to a covered work, for which you have or can give appropriate copyright permission.
|
||||||
additional permissions from that copy, or from any part of it. (Additional
|
|
||||||
permissions may be written to require their own removal in certain cases when
|
|
||||||
you modify the work.) You may place additional permissions on material, added
|
|
||||||
by you to a covered work, for which you have or can give appropriate copyright
|
|
||||||
permission.
|
|
||||||
|
|
||||||
Notwithstanding any other provision of this License, for material you add
|
Notwithstanding any other provision of this License, for material you add to a covered work, you may (if authorized by the copyright holders of that material) supplement the terms of this License with terms:
|
||||||
to a covered work, you may (if authorized by the copyright holders of that
|
|
||||||
material) supplement the terms of this License with terms:
|
|
||||||
|
|
||||||
a) Disclaiming warranty or limiting liability differently from the terms of
|
a) Disclaiming warranty or limiting liability differently from the terms of sections 15 and 16 of this License; or
|
||||||
sections 15 and 16 of this License; or
|
|
||||||
|
|
||||||
b) Requiring preservation of specified reasonable legal notices or author
|
b) Requiring preservation of specified reasonable legal notices or author attributions in that material or in the Appropriate Legal Notices displayed by works containing it; or
|
||||||
attributions in that material or in the Appropriate Legal Notices displayed
|
|
||||||
by works containing it; or
|
|
||||||
|
|
||||||
c) Prohibiting misrepresentation of the origin of that material, or requiring
|
c) Prohibiting misrepresentation of the origin of that material, or requiring that modified versions of such material be marked in reasonable ways as different from the original version; or
|
||||||
that modified versions of such material be marked in reasonable ways as different
|
|
||||||
from the original version; or
|
|
||||||
|
|
||||||
d) Limiting the use for publicity purposes of names of licensors or authors
|
d) Limiting the use for publicity purposes of names of licensors or authors of the material; or
|
||||||
of the material; or
|
|
||||||
|
|
||||||
e) Declining to grant rights under trademark law for use of some trade names,
|
e) Declining to grant rights under trademark law for use of some trade names, trademarks, or service marks; or
|
||||||
trademarks, or service marks; or
|
|
||||||
|
|
||||||
f) Requiring indemnification of licensors and authors of that material by
|
f) Requiring indemnification of licensors and authors of that material by anyone who conveys the material (or modified versions of it) with contractual assumptions of liability to the recipient, for any liability that these contractual assumptions directly impose on those licensors and authors.
|
||||||
anyone who conveys the material (or modified versions of it) with contractual
|
|
||||||
assumptions of liability to the recipient, for any liability that these contractual
|
|
||||||
assumptions directly impose on those licensors and authors.
|
|
||||||
|
|
||||||
All other non-permissive additional terms are considered "further restrictions"
|
All other non-permissive additional terms are considered "further restrictions" within the meaning of section 10. If the Program as you received it, or any part of it, contains a notice stating that it is governed by this License along with a term that is a further restriction, you may remove that term. If a license document contains a further restriction but permits relicensing or conveying under this License, you may add to a covered work material governed by the terms of that license document, provided that the further restriction does not survive such relicensing or conveying.
|
||||||
within the meaning of section 10. If the Program as you received it, or any
|
|
||||||
part of it, contains a notice stating that it is governed by this License
|
|
||||||
along with a term that is a further restriction, you may remove that term.
|
|
||||||
If a license document contains a further restriction but permits relicensing
|
|
||||||
or conveying under this License, you may add to a covered work material governed
|
|
||||||
by the terms of that license document, provided that the further restriction
|
|
||||||
does not survive such relicensing or conveying.
|
|
||||||
|
|
||||||
If you add terms to a covered work in accord with this section, you must place,
|
If you add terms to a covered work in accord with this section, you must place, in the relevant source files, a statement of the additional terms that apply to those files, or a notice indicating where to find the applicable terms.
|
||||||
in the relevant source files, a statement of the additional terms that apply
|
|
||||||
to those files, or a notice indicating where to find the applicable terms.
|
|
||||||
|
|
||||||
Additional terms, permissive or non-permissive, may be stated in the form
|
Additional terms, permissive or non-permissive, may be stated in the form of a separately written license, or stated as exceptions; the above requirements apply either way.
|
||||||
of a separately written license, or stated as exceptions; the above requirements
|
|
||||||
apply either way.
|
|
||||||
|
|
||||||
8. Termination.
|
8. Termination.
|
||||||
|
|
||||||
You may not propagate or modify a covered work except as expressly provided
|
You may not propagate or modify a covered work except as expressly provided under this License. Any attempt otherwise to propagate or modify it is void, and will automatically terminate your rights under this License (including any patent licenses granted under the third paragraph of section 11).
|
||||||
under this License. Any attempt otherwise to propagate or modify it is void,
|
|
||||||
and will automatically terminate your rights under this License (including
|
|
||||||
any patent licenses granted under the third paragraph of section 11).
|
|
||||||
|
|
||||||
However, if you cease all violation of this License, then your license from
|
However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation.
|
||||||
a particular copyright holder is reinstated (a) provisionally, unless and
|
|
||||||
until the copyright holder explicitly and finally terminates your license,
|
|
||||||
and (b) permanently, if the copyright holder fails to notify you of the violation
|
|
||||||
by some reasonable means prior to 60 days after the cessation.
|
|
||||||
|
|
||||||
Moreover, your license from a particular copyright holder is reinstated permanently
|
Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice.
|
||||||
if the copyright holder notifies you of the violation by some reasonable means,
|
|
||||||
this is the first time you have received notice of violation of this License
|
|
||||||
(for any work) from that copyright holder, and you cure the violation prior
|
|
||||||
to 30 days after your receipt of the notice.
|
|
||||||
|
|
||||||
Termination of your rights under this section does not terminate the licenses
|
Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License. If your rights have been terminated and not permanently reinstated, you do not qualify to receive new licenses for the same material under section 10.
|
||||||
of parties who have received copies or rights from you under this License.
|
|
||||||
If your rights have been terminated and not permanently reinstated, you do
|
|
||||||
not qualify to receive new licenses for the same material under section 10.
|
|
||||||
|
|
||||||
9. Acceptance Not Required for Having Copies.
|
9. Acceptance Not Required for Having Copies.
|
||||||
|
|
||||||
You are not required to accept this License in order to receive or run a copy
|
You are not required to accept this License in order to receive or run a copy of the Program. Ancillary propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to receive a copy likewise does not require acceptance. However, nothing other than this License grants you permission to propagate or modify any covered work. These actions infringe copyright if you do not accept this License. Therefore, by modifying or propagating a covered work, you indicate your acceptance of this License to do so.
|
||||||
of the Program. Ancillary propagation of a covered work occurring solely
|
|
||||||
as a consequence of using peer-to-peer transmission to receive a copy likewise
|
|
||||||
does not require acceptance. However, nothing other than this License grants
|
|
||||||
you permission to propagate or modify any covered work. These actions infringe
|
|
||||||
copyright if you do not accept this License. Therefore, by modifying or propagating
|
|
||||||
a covered work, you indicate your acceptance of this License to do so.
|
|
||||||
|
|
||||||
10. Automatic Licensing of Downstream Recipients.
|
10. Automatic Licensing of Downstream Recipients.
|
||||||
|
|
||||||
Each time you convey a covered work, the recipient automatically receives
|
Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License.
|
||||||
a license from the original licensors, to run, modify and propagate that work,
|
|
||||||
subject to this License. You are not responsible for enforcing compliance
|
|
||||||
by third parties with this License.
|
|
||||||
|
|
||||||
An "entity transaction" is a transaction transferring control of an organization,
|
An "entity transaction" is a transaction transferring control of an organization, or substantially all assets of one, or subdividing an organization, or merging organizations. If propagation of a covered work results from an entity transaction, each party to that transaction who receives a copy of the work also receives whatever licenses to the work the party's predecessor in interest had or could give under the previous paragraph, plus a right to possession of the Corresponding Source of the work from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts.
|
||||||
or substantially all assets of one, or subdividing an organization, or merging
|
|
||||||
organizations. If propagation of a covered work results from an entity transaction,
|
|
||||||
each party to that transaction who receives a copy of the work also receives
|
|
||||||
whatever licenses to the work the party's predecessor in interest had or could
|
|
||||||
give under the previous paragraph, plus a right to possession of the Corresponding
|
|
||||||
Source of the work from the predecessor in interest, if the predecessor has
|
|
||||||
it or can get it with reasonable efforts.
|
|
||||||
|
|
||||||
You may not impose any further restrictions on the exercise of the rights
|
You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it.
|
||||||
granted or affirmed under this License. For example, you may not impose a
|
|
||||||
license fee, royalty, or other charge for exercise of rights granted under
|
|
||||||
this License, and you may not initiate litigation (including a cross-claim
|
|
||||||
or counterclaim in a lawsuit) alleging that any patent claim is infringed
|
|
||||||
by making, using, selling, offering for sale, or importing the Program or
|
|
||||||
any portion of it.
|
|
||||||
|
|
||||||
11. Patents.
|
11. Patents.
|
||||||
|
|
||||||
A "contributor" is a copyright holder who authorizes use under this License
|
A "contributor" is a copyright holder who authorizes use under this License of the Program or a work on which the Program is based. The work thus licensed is called the contributor's "contributor version".
|
||||||
of the Program or a work on which the Program is based. The work thus licensed
|
|
||||||
is called the contributor's "contributor version".
|
|
||||||
|
|
||||||
A contributor's "essential patent claims" are all patent claims owned or controlled
|
A contributor's "essential patent claims" are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version. For purposes of this definition, "control" includes the right to grant patent sublicenses in a manner consistent with the requirements of this License.
|
||||||
by the contributor, whether already acquired or hereafter acquired, that would
|
|
||||||
be infringed by some manner, permitted by this License, of making, using,
|
|
||||||
or selling its contributor version, but do not include claims that would be
|
|
||||||
infringed only as a consequence of further modification of the contributor
|
|
||||||
version. For purposes of this definition, "control" includes the right to
|
|
||||||
grant patent sublicenses in a manner consistent with the requirements of this
|
|
||||||
License.
|
|
||||||
|
|
||||||
Each contributor grants you a non-exclusive, worldwide, royalty-free patent
|
Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version.
|
||||||
license under the contributor's essential patent claims, to make, use, sell,
|
|
||||||
offer for sale, import and otherwise run, modify and propagate the contents
|
|
||||||
of its contributor version.
|
|
||||||
|
|
||||||
In the following three paragraphs, a "patent license" is any express agreement
|
In the following three paragraphs, a "patent license" is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent infringement). To "grant" such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party.
|
||||||
or commitment, however denominated, not to enforce a patent (such as an express
|
|
||||||
permission to practice a patent or covenant not to sue for patent infringement).
|
|
||||||
To "grant" such a patent license to a party means to make such an agreement
|
|
||||||
or commitment not to enforce a patent against the party.
|
|
||||||
|
|
||||||
If you convey a covered work, knowingly relying on a patent license, and the
|
If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent
|
||||||
Corresponding Source of the work is not available for anyone to copy, free
|
license to downstream recipients. "Knowingly relying" means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.
|
||||||
of charge and under the terms of this License, through a publicly available
|
|
||||||
network server or other readily accessible means, then you must either (1)
|
|
||||||
cause the Corresponding Source to be so available, or (2) arrange to deprive
|
|
||||||
yourself of the benefit of the patent license for this particular work, or
|
|
||||||
(3) arrange, in a manner consistent with the requirements of this License,
|
|
||||||
to extend the patent
|
|
||||||
license to downstream recipients. "Knowingly relying" means you have actual
|
|
||||||
knowledge that, but for the patent license, your conveying the covered work
|
|
||||||
in a country, or your recipient's use of the covered work in a country, would
|
|
||||||
infringe one or more identifiable patents in that country that you have reason
|
|
||||||
to believe are valid.
|
|
||||||
|
|
||||||
If, pursuant to or in connection with a single transaction or arrangement,
|
If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.
|
||||||
you convey, or propagate by procuring conveyance of, a covered work, and grant
|
|
||||||
a patent license to some of the parties receiving the covered work authorizing
|
|
||||||
them to use, propagate, modify or convey a specific copy of the covered work,
|
|
||||||
then the patent license you grant is automatically extended to all recipients
|
|
||||||
of the covered work and works based on it.
|
|
||||||
|
|
||||||
A patent license is "discriminatory" if it does not include within the scope
|
A patent license is "discriminatory" if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.
|
||||||
of its coverage, prohibits the exercise of, or is conditioned on the non-exercise
|
|
||||||
of one or more of the rights that are specifically granted under this License.
|
|
||||||
You may not convey a covered work if you are a party to an arrangement with
|
|
||||||
a third party that is in the business of distributing software, under which
|
|
||||||
you make payment to the third party based on the extent of your activity of
|
|
||||||
conveying the work, and under which the third party grants, to any of the
|
|
||||||
parties who would receive the covered work from you, a discriminatory patent
|
|
||||||
license (a) in connection with copies of the covered work conveyed by you
|
|
||||||
(or copies made from those copies), or (b) primarily for and in connection
|
|
||||||
with specific products or compilations that contain the covered work, unless
|
|
||||||
you entered into that arrangement, or that patent license was granted, prior
|
|
||||||
to 28 March 2007.
|
|
||||||
|
|
||||||
Nothing in this License shall be construed as excluding or limiting any implied
|
Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law.
|
||||||
license or other defenses to infringement that may otherwise be available
|
|
||||||
to you under applicable patent law.
|
|
||||||
|
|
||||||
12. No Surrender of Others' Freedom.
|
12. No Surrender of Others' Freedom.
|
||||||
|
|
||||||
If conditions are imposed on you (whether by court order, agreement or otherwise)
|
If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot convey a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may
|
||||||
that contradict the conditions of this License, they do not excuse you from
|
not convey it at all. For example, if you agree to terms that obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only way you could satisfy both those terms and this License would be to refrain entirely from conveying the Program.
|
||||||
the conditions of this License. If you cannot convey a covered work so as
|
|
||||||
to satisfy simultaneously your obligations under this License and any other
|
|
||||||
pertinent obligations, then as a consequence you may
|
|
||||||
not convey it at all. For example, if you agree to terms that obligate you
|
|
||||||
to collect a royalty for further conveying from those to whom you convey the
|
|
||||||
Program, the only way you could satisfy both those terms and this License
|
|
||||||
would be to refrain entirely from conveying the Program.
|
|
||||||
|
|
||||||
13. Remote Network Interaction; Use with the GNU General Public License.
|
13. Remote Network Interaction; Use with the GNU General Public License.
|
||||||
|
|
||||||
Notwithstanding any other provision of this License, if you modify the Program,
|
Notwithstanding any other provision of this License, if you modify the Program, your modified version must prominently offer all users interacting with it remotely through a computer network (if your version supports such interaction) an opportunity to receive the Corresponding Source of your version by providing access to the Corresponding Source from a network server at no charge, through some standard or customary means of facilitating copying of software. This Corresponding Source shall include the Corresponding Source for any work covered by version 3 of the GNU General Public License that is incorporated pursuant to the following paragraph.
|
||||||
your modified version must prominently offer all users interacting with it
|
|
||||||
remotely through a computer network (if your version supports such interaction)
|
|
||||||
an opportunity to receive the Corresponding Source of your version by providing
|
|
||||||
access to the Corresponding Source from a network server at no charge, through
|
|
||||||
some standard or customary means of facilitating copying of software. This
|
|
||||||
Corresponding Source shall include the Corresponding Source for any work covered
|
|
||||||
by version 3 of the GNU General Public License that is incorporated pursuant
|
|
||||||
to the following paragraph.
|
|
||||||
|
|
||||||
Notwithstanding any other provision of this License, you have permission to
|
Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version 3 of the GNU General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the work with which it is combined will remain governed by version 3 of the GNU General Public License.
|
||||||
link or combine any covered work with a work licensed under version 3 of the
|
|
||||||
GNU General Public License into a single combined work, and to convey the
|
|
||||||
resulting work. The terms of this License will continue to apply to the part
|
|
||||||
which is the covered work, but the work with which it is combined will remain
|
|
||||||
governed by version 3 of the GNU General Public License.
|
|
||||||
|
|
||||||
14. Revised Versions of this License.
|
14. Revised Versions of this License.
|
||||||
|
|
||||||
The Free Software Foundation may publish revised and/or new versions of the
|
The Free Software Foundation may publish revised and/or new versions of the GNU Affero General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
|
||||||
GNU Affero General Public License from time to time. Such new versions will
|
|
||||||
be similar in spirit to the present version, but may differ in detail to address
|
|
||||||
new problems or concerns.
|
|
||||||
|
|
||||||
Each version is given a distinguishing version number. If the Program specifies
|
Each version is given a distinguishing version number. If the Program specifies that a certain numbered version of the GNU Affero General Public License "or any later version" applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the GNU Affero General Public License, you may choose any version ever published by the Free Software Foundation.
|
||||||
that a certain numbered version of the GNU Affero General Public License "or
|
|
||||||
any later version" applies to it, you have the option of following the terms
|
|
||||||
and conditions either of that numbered version or of any later version published
|
|
||||||
by the Free Software Foundation. If the Program does not specify a version
|
|
||||||
number of the GNU Affero General Public License, you may choose any version
|
|
||||||
ever published by the Free Software Foundation.
|
|
||||||
|
|
||||||
If the Program specifies that a proxy can decide which future versions of
|
If the Program specifies that a proxy can decide which future versions of the GNU Affero General Public License can be used, that proxy's public statement of acceptance of a version permanently authorizes you to choose that version for the Program.
|
||||||
the GNU Affero General Public License can be used, that proxy's public statement
|
|
||||||
of acceptance of a version permanently authorizes you to choose that version
|
|
||||||
for the Program.
|
|
||||||
|
|
||||||
Later license versions may give you additional or different permissions.
|
Later license versions may give you additional or different permissions. However, no additional obligations are imposed on any author or copyright holder as a result of your choosing to follow a later version.
|
||||||
However, no additional obligations are imposed on any author or copyright
|
|
||||||
holder as a result of your choosing to follow a later version.
|
|
||||||
|
|
||||||
15. Disclaimer of Warranty.
|
15. Disclaimer of Warranty.
|
||||||
|
|
||||||
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE
|
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
|
||||||
LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR
|
|
||||||
OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
|
|
||||||
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
|
|
||||||
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK
|
|
||||||
AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
|
|
||||||
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR
|
|
||||||
OR CORRECTION.
|
|
||||||
|
|
||||||
16. Limitation of Liability.
|
16. Limitation of Liability.
|
||||||
|
|
||||||
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL
|
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
||||||
ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM
|
|
||||||
AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL,
|
|
||||||
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO
|
|
||||||
USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED
|
|
||||||
INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE
|
|
||||||
PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER
|
|
||||||
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
|
||||||
|
|
||||||
17. Interpretation of Sections 15 and 16.
|
17. Interpretation of Sections 15 and 16.
|
||||||
|
|
||||||
If the disclaimer of warranty and limitation of liability provided above cannot
|
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.
|
||||||
be given local legal effect according to their terms, reviewing courts shall
|
|
||||||
apply local law that most closely approximates an absolute waiver of all civil
|
|
||||||
liability in connection with the Program, unless a warranty or assumption
|
|
||||||
of liability accompanies a copy of the Program in return for a fee.
|
|
||||||
|
|
||||||
END OF TERMS AND CONDITIONS
|
END OF TERMS AND CONDITIONS
|
||||||
|
|
||||||
How to Apply These Terms to Your New Programs
|
How to Apply These Terms to Your New Programs
|
||||||
|
|
||||||
If you develop a new program, and you want it to be of the greatest possible
|
If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.
|
||||||
use to the public, the best way to achieve this is to make it free software
|
|
||||||
which everyone can redistribute and change under these terms.
|
|
||||||
|
|
||||||
To do so, attach the following notices to the program. It is safest to attach
|
To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively state the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.
|
||||||
them to the start of each source file to most effectively state the exclusion
|
|
||||||
of warranty; and each file should have at least the "copyright" line and a
|
|
||||||
pointer to where the full notice is found.
|
|
||||||
|
|
||||||
<one line to give the program's name and a brief idea of what it does.>
|
<one line to give the program's name and a brief idea of what it does.>
|
||||||
Copyright (C) <year> <name of author>
|
Copyright (C) <year> <name of author>
|
||||||
|
|
||||||
This program is free software: you can redistribute it and/or modify it under
|
This program is free software: you can redistribute it and/or modify it under the terms of the GNU Affero General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version.
|
||||||
the terms of the GNU Affero General Public License as published by the Free
|
|
||||||
Software Foundation, either version 3 of the License, or (at your option)
|
|
||||||
any later version.
|
|
||||||
|
|
||||||
This program is distributed in the hope that it will be useful, but WITHOUT
|
This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Affero General Public License for more details.
|
||||||
ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS
|
|
||||||
FOR A PARTICULAR PURPOSE. See the GNU Affero General Public License for more
|
|
||||||
details.
|
|
||||||
|
|
||||||
You should have received a copy of the GNU Affero General Public License along
|
You should have received a copy of the GNU Affero General Public License along with this program. If not, see <http://www.gnu.org/licenses/>.
|
||||||
with this program. If not, see <http://www.gnu.org/licenses/>.
|
|
||||||
|
|
||||||
Also add information on how to contact you by electronic and paper mail.
|
Also add information on how to contact you by electronic and paper mail.
|
||||||
|
|
||||||
If your software can interact with users remotely through a computer network,
|
If your software can interact with users remotely through a computer network, you should also make sure that it provides a way for users to get its source. For example, if your program is a web application, its interface could display a "Source" link that leads users to an archive of the code. There are many ways you could offer source, and different solutions will be better for different programs; see section 13 for the specific requirements.
|
||||||
you should also make sure that it provides a way for users to get its source.
|
|
||||||
For example, if your program is a web application, its interface could display
|
|
||||||
a "Source" link that leads users to an archive of the code. There are many
|
|
||||||
ways you could offer source, and different solutions will be better for different
|
|
||||||
programs; see section 13 for the specific requirements.
|
|
||||||
|
|
||||||
You should also get your employer (if you work as a programmer) or school,
|
You should also get your employer (if you work as a programmer) or school, if any, to sign a "copyright disclaimer" for the program, if necessary. For more information on this, and how to apply and follow the GNU AGPL, see <http://www.gnu.org/licenses/>.
|
||||||
if any, to sign a "copyright disclaimer" for the program, if necessary. For
|
|
||||||
more information on this, and how to apply and follow the GNU AGPL, see <http://www.gnu.org/licenses/>.
|
|
||||||
|
|
|
@ -1,85 +1,20 @@
|
||||||
Copyright (c) 2006, 2007 Advanced Micro Devices, Inc.
|
Copyright (c) 2006, 2007 Advanced Micro Devices, Inc.
|
||||||
All rights reserved.
|
All rights reserved.
|
||||||
|
|
||||||
Redistribution and use in any form of this material and any product thereof
|
Redistribution and use in any form of this material and any product thereof including software in source or binary forms, along with any related documentation, with or without modification ("this material"), is permitted provided that the following conditions are met:
|
||||||
including software in source or binary forms, along with any related documentation,
|
|
||||||
with or without modification ("this material"), is permitted provided that
|
|
||||||
the following conditions are met:
|
|
||||||
|
|
||||||
Redistributions of source code of any software must retain the above copyright
|
Redistributions of source code of any software must retain the above copyright notice and all terms of this license as part of the code.
|
||||||
notice and all terms of this license as part of the code.
|
|
||||||
|
|
||||||
Redistributions in binary form of any software must reproduce the above copyright
|
Redistributions in binary form of any software must reproduce the above copyright notice and all terms of this license in any related documentation and/or other materials.
|
||||||
notice and all terms of this license in any related documentation and/or other
|
|
||||||
materials.
|
|
||||||
|
|
||||||
Neither the names nor trademarks of Advanced Micro Devices, Inc. or any copyright
|
Neither the names nor trademarks of Advanced Micro Devices, Inc. or any copyright holders or contributors may be used to endorse or promote products derived from this material without specific prior written permission.
|
||||||
holders or contributors may be used to endorse or promote products derived
|
|
||||||
from this material without specific prior written permission.
|
|
||||||
|
|
||||||
Notice about U.S. Government restricted rights: This material is provided
|
Notice about U.S. Government restricted rights: This material is provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the U.S. Government is subject to the full extent of restrictions set forth in FAR52.227 and DFARS252.227 et seq., or any successor or applicable regulations. Use of this material by the U.S. Government constitutes acknowledgment of the proprietary rights of Advanced Micro Devices, Inc. and any copyright holders and contributors.
|
||||||
with "RESTRICTED RIGHTS." Use, duplication or disclosure by the U.S. Government
|
|
||||||
is subject to the full extent of restrictions set forth in FAR52.227 and DFARS252.227
|
|
||||||
et seq., or any successor or applicable regulations. Use of this material
|
|
||||||
by the U.S. Government constitutes acknowledgment of the proprietary rights
|
|
||||||
of Advanced Micro Devices, Inc. and any copyright holders and contributors.
|
|
||||||
|
|
||||||
ANY BREACH OF ANY TERM OF THIS LICENSE SHALL RESULT IN THE IMMEDIATE REVOCATION
|
ANY BREACH OF ANY TERM OF THIS LICENSE SHALL RESULT IN THE IMMEDIATE REVOCATION OF ALL RIGHTS TO REDISTRIBUTE, ACCESS OR USE THIS MATERIAL.
|
||||||
OF ALL RIGHTS TO REDISTRIBUTE, ACCESS OR USE THIS MATERIAL.
|
|
||||||
|
|
||||||
THIS MATERIAL IS PROVIDED BY ADVANCED MICRO DEVICES, INC. AND ANY COPYRIGHT
|
THIS MATERIAL IS PROVIDED BY ADVANCED MICRO DEVICES, INC. AND ANY COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" IN ITS CURRENT CONDITION AND WITHOUT ANY REPRESENTATIONS, GUARANTEE, OR WARRANTY OF ANY KIND OR IN ANY WAY RELATED TO SUPPORT, INDEMNITY, ERROR FREE OR UNINTERRUPTED OPERATION, OR THAT IT IS FREE FROM DEFECTS OR VIRUSES. ALL OBLIGATIONS ARE HEREBY DISCLAIMED - WHETHER EXPRESS, IMPLIED, OR STATUTORY - INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OPERABILITY, QUALITY OF SERVICE, OR NON-INFRINGEMENT. IN NO EVENT SHALL ADVANCED MICRO DEVICES, INC. OR ANY COPYRIGHT HOLDERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, REVENUE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED OR BASED ON ANY THEORY OF LIABILITY ARISING IN ANY WAY RELATED TO THIS MATERIAL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE ENTIRE AND AGGREGATE LIABILITY OF ADVANCED MICRO DEVICES, INC. AND ANY COPYRIGHT HOLDERS AND CONTRIBUTORS SHALL NOT EXCEED TEN DOLLARS (US $10.00). ANYONE REDISTRIBUTING OR ACCESSING OR USING THIS MATERIAL ACCEPTS THIS ALLOCATION OF RISK AND AGREES TO RELEASE ADVANCED MICRO DEVICES, INC. AND ANY COPYRIGHT HOLDERS AND CONTRIBUTORS FROM ANY AND ALL LIABILITIES, OBLIGATIONS, CLAIMS, OR DEMANDS IN EXCESS OF TEN DOLLARS (US $10.00). THE FOREGOING ARE ESSENTIAL TERMS OF THIS LICENSE AND, IF ANY OF THESE TERMS ARE CONSTRUED AS UNENFORCEABLE, FAIL IN ESSENTIAL PURPOSE, OR BECOME VOID OR DETRIMENTAL TO ADVANCED MICRO DEVICES, INC. OR ANY COPYRIGHT HOLDERS OR CONTRIBUTORS FOR ANY REASON, THEN ALL RIGHTS TO REDISTRIBUTE, ACCESS OR USE THIS MATERIAL SHALL TERMINATE IMMEDIATELY. MOREOVER, THE FOREGOING SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS LICENSE OR ANY AGREEMENT OR ACCESS OR USE RELATED TO THIS MATERIAL.
|
||||||
HOLDERS AND CONTRIBUTORS "AS IS" IN ITS CURRENT CONDITION AND WITHOUT ANY
|
|
||||||
REPRESENTATIONS, GUARANTEE, OR WARRANTY OF ANY KIND OR IN ANY WAY RELATED
|
|
||||||
TO SUPPORT, INDEMNITY, ERROR FREE OR UNINTERRUPTED OPERATION, OR THAT IT IS
|
|
||||||
FREE FROM DEFECTS OR VIRUSES. ALL OBLIGATIONS ARE HEREBY DISCLAIMED - WHETHER
|
|
||||||
EXPRESS, IMPLIED, OR STATUTORY - INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
|
|
||||||
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
|
|
||||||
COMPLETENESS, OPERABILITY, QUALITY OF SERVICE, OR NON-INFRINGEMENT. IN NO
|
|
||||||
EVENT SHALL ADVANCED MICRO DEVICES, INC. OR ANY COPYRIGHT HOLDERS OR CONTRIBUTORS
|
|
||||||
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY,
|
|
||||||
OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
|
|
||||||
GOODS OR SERVICES; LOSS OF USE, REVENUE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
|
|
||||||
HOWEVER CAUSED OR BASED ON ANY THEORY OF LIABILITY ARISING IN ANY WAY RELATED
|
|
||||||
TO THIS MATERIAL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE ENTIRE
|
|
||||||
AND AGGREGATE LIABILITY OF ADVANCED MICRO DEVICES, INC. AND ANY COPYRIGHT
|
|
||||||
HOLDERS AND CONTRIBUTORS SHALL NOT EXCEED TEN DOLLARS (US $10.00). ANYONE
|
|
||||||
REDISTRIBUTING OR ACCESSING OR USING THIS MATERIAL ACCEPTS THIS ALLOCATION
|
|
||||||
OF RISK AND AGREES TO RELEASE ADVANCED MICRO DEVICES, INC. AND ANY COPYRIGHT
|
|
||||||
HOLDERS AND CONTRIBUTORS FROM ANY AND ALL LIABILITIES, OBLIGATIONS, CLAIMS,
|
|
||||||
OR DEMANDS IN EXCESS OF TEN DOLLARS (US $10.00). THE FOREGOING ARE ESSENTIAL
|
|
||||||
TERMS OF THIS LICENSE AND, IF ANY OF THESE TERMS ARE CONSTRUED AS UNENFORCEABLE,
|
|
||||||
FAIL IN ESSENTIAL PURPOSE, OR BECOME VOID OR DETRIMENTAL TO ADVANCED MICRO
|
|
||||||
DEVICES, INC. OR ANY COPYRIGHT HOLDERS OR CONTRIBUTORS FOR ANY REASON, THEN
|
|
||||||
ALL RIGHTS TO REDISTRIBUTE, ACCESS OR USE THIS MATERIAL SHALL TERMINATE IMMEDIATELY.
|
|
||||||
MOREOVER, THE FOREGOING SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS
|
|
||||||
LICENSE OR ANY AGREEMENT OR ACCESS OR USE RELATED TO THIS MATERIAL.
|
|
||||||
|
|
||||||
NOTICE IS HEREBY PROVIDED, AND BY REDISTRIBUTING OR ACCESSING OR USING THIS
|
NOTICE IS HEREBY PROVIDED, AND BY REDISTRIBUTING OR ACCESSING OR USING THIS MATERIAL SUCH NOTICE IS ACKNOWLEDGED, THAT THIS MATERIAL MAY BE SUBJECT TO RESTRICTIONS UNDER THE LAWS AND REGULATIONS OF THE UNITED STATES OR OTHER COUNTRIES, WHICH INCLUDE BUT ARE NOT LIMITED TO, U.S. EXPORT CONTROL LAWS SUCH AS THE EXPORT ADMINISTRATION REGULATIONS AND NATIONAL SECURITY CONTROLS AS DEFINED THEREUNDER, AS WELL AS STATE DEPARTMENT CONTROLS UNDER THE U.S. MUNITIONS LIST. THIS MATERIAL MAY NOT BE USED, RELEASED, TRANSFERRED, IMPORTED, EXPORTED AND/OR RE- EXPORTED IN ANY MANNER PROHIBITED UNDER ANY APPLICABLE LAWS, INCLUDING U.S. EXPORT CONTROL LAWS REGARDING SPECIFICALLY DESIGNATED PERSONS, COUNTRIES AND NATIONALS OF COUNTRIES SUBJECT TO NATIONAL SECURITY CONTROLS. MOREOVER, THE FOREGOING SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF ANY LICENSE OR AGREEMENT OR ACCESS OR USE RELATED TO THIS MATERIAL.
|
||||||
MATERIAL SUCH NOTICE IS ACKNOWLEDGED, THAT THIS MATERIAL MAY BE SUBJECT TO
|
|
||||||
RESTRICTIONS UNDER THE LAWS AND REGULATIONS OF THE UNITED STATES OR OTHER
|
|
||||||
COUNTRIES, WHICH INCLUDE BUT ARE NOT LIMITED TO, U.S. EXPORT CONTROL LAWS
|
|
||||||
SUCH AS THE EXPORT ADMINISTRATION REGULATIONS AND NATIONAL SECURITY CONTROLS
|
|
||||||
AS DEFINED THEREUNDER, AS WELL AS STATE DEPARTMENT CONTROLS UNDER THE U.S.
|
|
||||||
MUNITIONS LIST. THIS MATERIAL MAY NOT BE USED, RELEASED, TRANSFERRED, IMPORTED,
|
|
||||||
EXPORTED AND/OR RE- EXPORTED IN ANY MANNER PROHIBITED UNDER ANY APPLICABLE
|
|
||||||
LAWS, INCLUDING U.S. EXPORT CONTROL LAWS REGARDING SPECIFICALLY DESIGNATED
|
|
||||||
PERSONS, COUNTRIES AND NATIONALS OF COUNTRIES SUBJECT TO NATIONAL SECURITY
|
|
||||||
CONTROLS. MOREOVER, THE FOREGOING SHALL SURVIVE ANY EXPIRATION OR TERMINATION
|
|
||||||
OF ANY LICENSE OR AGREEMENT OR ACCESS OR USE RELATED TO THIS MATERIAL.
|
|
||||||
|
|
||||||
This license forms the entire agreement regarding the subject matter hereof
|
This license forms the entire agreement regarding the subject matter hereof and supersedes all proposals and prior discussions and writings between the parties with respect thereto. This license does not affect any ownership, rights, title, or interest in, or relating to, this material. No terms of this license can be modified or waived, and no breach of this license can be excused, unless done so in a writing signed by all affected parties. Each term of this license is separately enforceable. If any term of this license is determined to be or becomes unenforceable or illegal, such term shall be reformed to the minimum extent necessary in order for this license to remain in effect in accordance with its terms as modified by such reformation. This license shall be governed by and construed in accordance with the laws of the State of Texas without regard to rules on conflicts of law of any state or jurisdiction or the United Nations Convention on the International Sale of Goods. All disputes arising out of this license shall be subject to the jurisdiction of the federal and state courts in Austin, Texas, and all defenses are hereby waived concerning personal jurisdiction and venue of these courts.
|
||||||
and supersedes all proposals and prior discussions and writings between the
|
|
||||||
parties with respect thereto. This license does not affect any ownership,
|
|
||||||
rights, title, or interest in, or relating to, this material. No terms of
|
|
||||||
this license can be modified or waived, and no breach of this license can
|
|
||||||
be excused, unless done so in a writing signed by all affected parties. Each
|
|
||||||
term of this license is separately enforceable. If any term of this license
|
|
||||||
is determined to be or becomes unenforceable or illegal, such term shall be
|
|
||||||
reformed to the minimum extent necessary in order for this license to remain
|
|
||||||
in effect in accordance with its terms as modified by such reformation. This
|
|
||||||
license shall be governed by and construed in accordance with the laws of
|
|
||||||
the State of Texas without regard to rules on conflicts of law of any state
|
|
||||||
or jurisdiction or the United Nations Convention on the International Sale
|
|
||||||
of Goods. All disputes arising out of this license shall be subject to the
|
|
||||||
jurisdiction of the federal and state courts in Austin, Texas, and all defenses
|
|
||||||
are hereby waived concerning personal jurisdiction and venue of these courts.
|
|
||||||
|
|
|
@ -1,36 +1,9 @@
|
||||||
Copyright: Copyright (c) 2006 by Apple Computer, Inc., All Rights Reserved.
|
Copyright: Copyright (c) 2006 by Apple Computer, Inc., All Rights Reserved.
|
||||||
|
|
||||||
IMPORTANT: This Apple software is supplied to you by Apple Computer, Inc.
|
IMPORTANT: This Apple software is supplied to you by Apple Computer, Inc. ("Apple") in consideration of your agreement to the following terms, and your use, installation, modification or redistribution of this Apple software constitutes acceptance of these terms. If you do not agree with these terms, please do not use, install, modify or redistribute this Apple software.
|
||||||
("Apple") in consideration of your agreement to the following terms, and your
|
|
||||||
use, installation, modification or redistribution of this Apple software constitutes
|
|
||||||
acceptance of these terms. If you do not agree with these terms, please do
|
|
||||||
not use, install, modify or redistribute this Apple software.
|
|
||||||
|
|
||||||
In consideration of your agreement to abide by the following terms, and subject
|
In consideration of your agreement to abide by the following terms, and subject to these terms, Apple grants you a personal, non-exclusive license, under Apple's copyrights in this original Apple software (the "Apple Software"), to use, reproduce, modify and redistribute the Apple Software, with or without modifications, in source and/or binary forms; provided that if you redistribute the Apple Software in its entirety and without modifications, you must retain this notice and the following text and disclaimers in all such redistributions of the Apple Software. Neither the name, trademarks, service marks or logos of Apple Computer, Inc. may be used to endorse or promote products derived from the Apple Software without specific prior written permission from Apple. Except as expressly stated in this notice, no other rights or licenses, express or implied, are granted by Apple herein, including but not limited to any patent rights that may be infringed by your derivative works or by other works in which the Apple Software may be incorporated.
|
||||||
to these terms, Apple grants you a personal, non-exclusive license, under
|
|
||||||
Apple's copyrights in this original Apple software (the "Apple Software"),
|
|
||||||
to use, reproduce, modify and redistribute the Apple Software, with or without
|
|
||||||
modifications, in source and/or binary forms; provided that if you redistribute
|
|
||||||
the Apple Software in its entirety and without modifications, you must retain
|
|
||||||
this notice and the following text and disclaimers in all such redistributions
|
|
||||||
of the Apple Software. Neither the name, trademarks, service marks or logos
|
|
||||||
of Apple Computer, Inc. may be used to endorse or promote products derived
|
|
||||||
from the Apple Software without specific prior written permission from Apple.
|
|
||||||
Except as expressly stated in this notice, no other rights or licenses, express
|
|
||||||
or implied, are granted by Apple herein, including but not limited to any
|
|
||||||
patent rights that may be infringed by your derivative works or by other works
|
|
||||||
in which the Apple Software may be incorporated.
|
|
||||||
|
|
||||||
The Apple Software is provided by Apple on an "AS IS" basis. APPLE MAKES NO
|
The Apple Software is provided by Apple on an "AS IS" basis. APPLE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE APPLE SOFTWARE OR ITS USE AND OPERATION ALONE OR IN COMBINATION WITH YOUR PRODUCTS.
|
||||||
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES
|
|
||||||
OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
|
|
||||||
REGARDING THE APPLE SOFTWARE OR ITS USE AND OPERATION ALONE OR IN COMBINATION
|
|
||||||
WITH YOUR PRODUCTS.
|
|
||||||
|
|
||||||
IN NO EVENT SHALL APPLE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR
|
IN NO EVENT SHALL APPLE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT OF THE USE, REPRODUCTION, MODIFICATION AND/OR DISTRIBUTION OF THE APPLE SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
||||||
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
|
|
||||||
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
|
|
||||||
ARISING IN ANY WAY OUT OF THE USE, REPRODUCTION, MODIFICATION AND/OR DISTRIBUTION
|
|
||||||
OF THE APPLE SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER THEORY OF CONTRACT,
|
|
||||||
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF APPLE
|
|
||||||
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
|
||||||
|
|
|
@ -1,36 +1,13 @@
|
||||||
Copyright (c) 2006 Academy of Motion Picture Arts and Sciences ("A.M.P.A.S.").
|
Copyright (c) 2006 Academy of Motion Picture Arts and Sciences ("A.M.P.A.S."). Portions contributed by others as indicated. All rights reserved.
|
||||||
Portions contributed by others as indicated. All rights reserved.
|
|
||||||
|
|
||||||
A world-wide, royalty-free, non-exclusive right to distribute, copy, modify,
|
A world-wide, royalty-free, non-exclusive right to distribute, copy, modify, create derivatives, and use, in source and binary forms, is hereby granted, subject to acceptance of this license. Performance of any of the aforementioned acts indicates acceptance to be bound by the following terms and conditions:
|
||||||
create derivatives, and use, in source and binary forms, is hereby granted,
|
|
||||||
subject to acceptance of this license. Performance of any of the aforementioned
|
|
||||||
acts indicates acceptance to be bound by the following terms and conditions:
|
|
||||||
|
|
||||||
* Redistributions of source code must retain the above copyright notice, this
|
* Redistributions of source code must retain the above copyright notice, this list of conditions and the Disclaimer of Warranty.
|
||||||
list of conditions and the Disclaimer of Warranty.
|
|
||||||
|
|
||||||
* Redistributions in binary form must reproduce the above copyright notice,
|
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the Disclaimer of Warranty in the documentation and/or other materials provided with the distribution.
|
||||||
this list of conditions and the Disclaimer of Warranty in the documentation
|
|
||||||
and/or other materials provided with the distribution.
|
|
||||||
|
|
||||||
* Nothing in this license shall be deemed to grant any rights to trademarks,
|
* Nothing in this license shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of A.M.P.A.S. or any contributors, except as expressly stated herein, and neither the name of A.M.P.A.S. nor of any other contributors to this software, may be used to endorse or promote products derived from this software without specific prior written permission of A.M.P.A.S. or contributor, as appropriate.
|
||||||
copyrights, patents, trade secrets or any other intellectual property of A.M.P.A.S.
|
|
||||||
or any contributors, except as expressly stated herein, and neither the name
|
|
||||||
of A.M.P.A.S. nor of any other contributors to this software, may be used
|
|
||||||
to endorse or promote products derived from this software without specific
|
|
||||||
prior written permission of A.M.P.A.S. or contributor, as appropriate.
|
|
||||||
|
|
||||||
This license shall be governed by the laws of the State of California, and
|
This license shall be governed by the laws of the State of California, and subject to the jurisdiction of the courts therein.
|
||||||
subject to the jurisdiction of the courts therein.
|
|
||||||
|
|
||||||
Disclaimer of Warranty: THIS SOFTWARE IS PROVIDED BY A.M.P.A.S. AND CONTRIBUTORS
|
Disclaimer of Warranty: THIS SOFTWARE IS PROVIDED BY A.M.P.A.S. AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE DISCLAIMED. IN NO EVENT SHALL A.M.P.A.S., ANY CONTRIBUTORS OR DISTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
||||||
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
|
|
||||||
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
|
|
||||||
AND NON-INFRINGEMENT ARE DISCLAIMED. IN NO EVENT SHALL A.M.P.A.S., ANY CONTRIBUTORS
|
|
||||||
OR DISTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
|
|
||||||
OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
|
|
||||||
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
|
|
||||||
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
|
|
||||||
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
|
|
||||||
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
|
|
||||||
DAMAGE.
|
|
||||||
|
|
|
@ -1,16 +1,5 @@
|
||||||
ANTLR 2 License
|
ANTLR 2 License
|
||||||
|
|
||||||
We reserve no legal rights to the ANTLR--it is fully in the public domain.
|
We reserve no legal rights to the ANTLR--it is fully in the public domain. An individual or company may do whatever they wish with source code distributed with ANTLR or the code generated by ANTLR, including the incorporation of ANTLR, or its output, into commerical software.
|
||||||
An individual or company may do whatever they wish with source code distributed
|
|
||||||
with ANTLR or the code generated by ANTLR, including the incorporation of
|
|
||||||
ANTLR, or its output, into commerical software.
|
|
||||||
|
|
||||||
We encourage users to develop software with ANTLR. However, we do ask that
|
We encourage users to develop software with ANTLR. However, we do ask that credit is given to us for developing ANTLR. By "credit", we mean that if you use ANTLR or incorporate any source code into one of your programs (commercial product, research project, or otherwise) that you acknowledge this fact somewhere in the documentation, research report, etc... If you like ANTLR and have developed a nice tool with the output, please mention that you developed it using ANTLR. In addition, we ask that the headers remain intact in our source code. As long as these guidelines are kept, we expect to continue enhancing this system and expect to make other tools available as they are completed.
|
||||||
credit is given to us for developing ANTLR. By "credit", we mean that if you
|
|
||||||
use ANTLR or incorporate any source code into one of your programs (commercial
|
|
||||||
product, research project, or otherwise) that you acknowledge this fact somewhere
|
|
||||||
in the documentation, research report, etc... If you like ANTLR and have developed
|
|
||||||
a nice tool with the output, please mention that you developed it using ANTLR.
|
|
||||||
In addition, we ask that the headers remain intact in our source code. As
|
|
||||||
long as these guidelines are kept, we expect to continue enhancing this system
|
|
||||||
and expect to make other tools available as they are completed.
|
|
||||||
|
|
|
@ -1,21 +1,7 @@
|
||||||
ANTLR 2 License
|
ANTLR 2 License
|
||||||
|
|
||||||
We reserve no legal rights to the ANTLR--it is fully in the public domain.
|
We reserve no legal rights to the ANTLR--it is fully in the public domain. An individual or company may do whatever they wish with source code distributed with ANTLR or the code generated by ANTLR, including the incorporation of ANTLR, or its output, into commerical software.
|
||||||
An individual or company may do whatever they wish with source code distributed
|
|
||||||
with ANTLR or the code generated by ANTLR, including the incorporation of
|
|
||||||
ANTLR, or its output, into commerical software.
|
|
||||||
|
|
||||||
We encourage users to develop software with ANTLR. However, we do ask that
|
We encourage users to develop software with ANTLR. However, we do ask that credit is given to us for developing ANTLR. By "credit", we mean that if you use ANTLR or incorporate any source code into one of your programs (commercial product, research project, or otherwise) that you acknowledge this fact somewhere in the documentation, research report, etc... If you like ANTLR and have developed a nice tool with the output, please mention that you developed it using ANTLR. In addition, we ask that the headers remain intact in our source code. As long as these guidelines are kept, we expect to continue enhancing this system and expect to make other tools available as they are completed.
|
||||||
credit is given to us for developing ANTLR. By "credit", we mean that if you
|
|
||||||
use ANTLR or incorporate any source code into one of your programs (commercial
|
|
||||||
product, research project, or otherwise) that you acknowledge this fact somewhere
|
|
||||||
in the documentation, research report, etc... If you like ANTLR and have developed
|
|
||||||
a nice tool with the output, please mention that you developed it using ANTLR.
|
|
||||||
In addition, we ask that the headers remain intact in our source code. As
|
|
||||||
long as these guidelines are kept, we expect to continue enhancing this system
|
|
||||||
and expect to make other tools available as they are completed.
|
|
||||||
|
|
||||||
In countries where the Public Domain status of the work may not be valid,
|
In countries where the Public Domain status of the work may not be valid, the author grants a copyright licence to the general public to deal in the work without restriction and permission to sublicence derivates under the terms of any (OSI approved) Open Source licence.
|
||||||
the author grants a copyright licence to the general public to deal in the
|
|
||||||
work without restriction and permission to sublicence derivates under the
|
|
||||||
terms of any (OSI approved) Open Source licence.
|
|
||||||
|
|
|
@ -1,10 +1,3 @@
|
||||||
Copyright (c) 1985, 1987, 1989, 1990, 1991, 1992, 1993, 1997 Adobe Systems
|
Copyright (c) 1985, 1987, 1989, 1990, 1991, 1992, 1993, 1997 Adobe Systems Incorporated. All Rights Reserved.
|
||||||
Incorporated. All Rights Reserved.
|
|
||||||
|
|
||||||
This file and the 14 PostScript(R) AFM files it accompanies may be used, copied,
|
This file and the 14 PostScript(R) AFM files it accompanies may be used, copied, and distributed for any purpose and without charge, with or without modification, provided that all copyright notices are retained; that the AFM files are not distributed without this file; that all modifications to this file or any of the AFM files are prominently noted in the modified file(s); and that this paragraph is not modified. Adobe Systems has no responsibility or obligation to support the use of the AFM files.
|
||||||
and distributed for any purpose and without charge, with or without modification,
|
|
||||||
provided that all copyright notices are retained; that the AFM files are not
|
|
||||||
distributed without this file; that all modifications to this file or any
|
|
||||||
of the AFM files are prominently noted in the modified file(s); and that this
|
|
||||||
paragraph is not modified. Adobe Systems has no responsibility or obligation
|
|
||||||
to support the use of the AFM files.
|
|
||||||
|
|
|
@ -1,110 +1,59 @@
|
||||||
ADAPTIVE PUBLIC LICENSE
|
ADAPTIVE PUBLIC LICENSE
|
||||||
Version 1.0
|
Version 1.0
|
||||||
|
|
||||||
THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THIS ADAPTIVE PUBLIC LICENSE
|
THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THIS ADAPTIVE PUBLIC LICENSE ("LICENSE"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE TERMS OF THIS LICENSE. "LICENSED WORK" AND "RECIPIENT" ARE DEFINED BELOW.
|
||||||
("LICENSE"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE LICENSED WORK CONSTITUTES
|
|
||||||
RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND ITS TERMS, WHETHER OR NOT SUCH
|
|
||||||
RECIPIENT READS THE TERMS OF THIS LICENSE. "LICENSED WORK" AND "RECIPIENT"
|
|
||||||
ARE DEFINED BELOW.
|
|
||||||
|
|
||||||
IMPORTANT NOTE: This License is "adaptive", and the generic version or another
|
IMPORTANT NOTE: This License is "adaptive", and the generic version or another version of an Adaptive Public License should not be relied upon to determine your rights and obligations under this License. You must read the specific Adaptive Public License that you receive with the Licensed Work, as certain terms are defined at the outset by the Initial Contributor.
|
||||||
version of an Adaptive Public License should not be relied upon to determine
|
|
||||||
your rights and obligations under this License. You must read the specific
|
|
||||||
Adaptive Public License that you receive with the Licensed Work, as certain
|
|
||||||
terms are defined at the outset by the Initial Contributor.
|
|
||||||
|
|
||||||
See Section 2.2 below, Exhibit A attached, and any Suppfile.txt accompanying
|
See Section 2.2 below, Exhibit A attached, and any Suppfile.txt accompanying this License to determine the specific adaptive features applicable to this License. For example, without limiting the foregoing, (a) for selected choice of law and jurisdiction see Part 3 of Exhibit A; (b) for the selected definition of Third Party see Part 4 of Exhibit A; and (c) for selected patent licensing terms (if any) see Section 2.2 below and Part 6 of Exhibit A.
|
||||||
this License to determine the specific adaptive features applicable to this
|
|
||||||
License. For example, without limiting the foregoing, (a) for selected choice
|
|
||||||
of law and jurisdiction see Part 3 of Exhibit A; (b) for the selected definition
|
|
||||||
of Third Party see Part 4 of Exhibit A; and (c) for selected patent licensing
|
|
||||||
terms (if any) see Section 2.2 below and Part 6 of Exhibit A.
|
|
||||||
|
|
||||||
1. DEFINITIONS.
|
1. DEFINITIONS.
|
||||||
|
|
||||||
1.1. "CONTRIBUTION" means:
|
1.1. "CONTRIBUTION" means:
|
||||||
|
|
||||||
(a) In the case of the Initial Contributor, the Initial Work distributed under
|
(a) In the case of the Initial Contributor, the Initial Work distributed under this License by the Initial Contributor; and
|
||||||
this License by the Initial Contributor; and
|
(b) In the case of each Subsequent Contributor, the Subsequent Work originating from and distributed by such Subsequent Contributor.
|
||||||
(b) In the case of each Subsequent Contributor, the Subsequent Work originating
|
|
||||||
from and distributed by such Subsequent Contributor.
|
|
||||||
|
|
||||||
1.2. "DESIGNATED WEB SITE" means the web site having the URL identified in
|
1.2. "DESIGNATED WEB SITE" means the web site having the URL identified in Part 1 of Exhibit A, which URL may be changed by the Initial Contributor by posting on the current Designated Web Site the new URL for at least sixty (60) days.
|
||||||
Part 1 of Exhibit A, which URL may be changed by the Initial Contributor by
|
|
||||||
posting on the current Designated Web Site the new URL for at least sixty
|
|
||||||
(60) days.
|
|
||||||
|
|
||||||
1.3. "DISTRIBUTOR" means any Person that distributes the Licensed Work or
|
1.3. "DISTRIBUTOR" means any Person that distributes the Licensed Work or any portion thereof to at least one Third Party.
|
||||||
any portion thereof to at least one Third Party.
|
|
||||||
|
|
||||||
1.4. "ELECTRONIC DISTRIBUTION MECHANISM" means any mechanism generally accepted
|
1.4. "ELECTRONIC DISTRIBUTION MECHANISM" means any mechanism generally accepted in the software development community for the electronic transfer of data.
|
||||||
in the software development community for the electronic transfer of data.
|
|
||||||
|
|
||||||
1.5. "EXECUTABLE" means the Licensed Work in any form other than Source Code.
|
1.5. "EXECUTABLE" means the Licensed Work in any form other than Source Code.
|
||||||
|
|
||||||
1.6. "GOVERNING JURISDICTION" means the state, province or other legal jurisdiction
|
1.6. "GOVERNING JURISDICTION" means the state, province or other legal jurisdiction identified in Part 3 of Exhibit A.
|
||||||
identified in Part 3 of Exhibit A.
|
|
||||||
|
|
||||||
1.7. "INDEPENDENT MODULE" means a separate module of software and/or data
|
1.7. "INDEPENDENT MODULE" means a separate module of software and/or data that is not a derivative work of or copied from the Licensed Work or any portion thereof. In addition, a module does not qualify as an Independent Module but instead forms part of the Licensed Work if the module: (a) is embedded in the Licensed Work; (b) is included by reference in the Licensed Work other than by a function call or a class reference; or (c) must be included or contained, in whole or in part, within a file directory or subdirectory actually containing files making up the Licensed Work.
|
||||||
that is not a derivative work of or copied from the Licensed Work or any portion
|
|
||||||
thereof. In addition, a module does not qualify as an Independent Module but
|
|
||||||
instead forms part of the Licensed Work if the module: (a) is embedded in
|
|
||||||
the Licensed Work; (b) is included by reference in the Licensed Work other
|
|
||||||
than by a function call or a class reference; or (c) must be included or contained,
|
|
||||||
in whole or in part, within a file directory or subdirectory actually containing
|
|
||||||
files making up the Licensed Work.
|
|
||||||
|
|
||||||
1.8. "INITIAL CONTRIBUTOR" means the Person or entity identified as the Initial
|
1.8. "INITIAL CONTRIBUTOR" means the Person or entity identified as the Initial Contributor in the notice required by Part 1 of Exhibit A.
|
||||||
Contributor in the notice required by Part 1 of Exhibit A.
|
|
||||||
|
|
||||||
1.9. "INITIAL WORK" means the initial Source Code, object code (if any) and
|
1.9. "INITIAL WORK" means the initial Source Code, object code (if any) and documentation for the computer program identified in Part 2 of Exhibit A, as such Source Code, object code and documentation is distributed under this License by the Initial Contributor.
|
||||||
documentation for the computer program identified in Part 2 of Exhibit A,
|
|
||||||
as such Source Code, object code and documentation is distributed under this
|
|
||||||
License by the Initial Contributor.
|
|
||||||
|
|
||||||
1.10. "LARGER WORK" means a work that combines the Licensed Work or portions
|
1.10. "LARGER WORK" means a work that combines the Licensed Work or portions thereof with code not governed by this License.
|
||||||
thereof with code not governed by this License.
|
|
||||||
|
|
||||||
1.11. "LICENSED WORK" means the Initial Work and/or any Subsequent Work, in
|
1.11. "LICENSED WORK" means the Initial Work and/or any Subsequent Work, in each case including portions thereof.
|
||||||
each case including portions thereof.
|
|
||||||
|
|
||||||
1.12. "LICENSE NOTICE" has the meaning assigned in Part 5 of Exhibit A.
|
1.12. "LICENSE NOTICE" has the meaning assigned in Part 5 of Exhibit A.
|
||||||
|
|
||||||
1.13. "MODIFICATION" or "MODIFICATIONS" means any change to and/or addition
|
1.13. "MODIFICATION" or "MODIFICATIONS" means any change to and/or addition to the Licensed Work.
|
||||||
to the Licensed Work.
|
|
||||||
|
|
||||||
1.14. "PERSON" means an individual or other legal entity, including a corporation,
|
1.14. "PERSON" means an individual or other legal entity, including a corporation, partnership or other body.
|
||||||
partnership or other body.
|
|
||||||
|
|
||||||
1.15. "RECIPIENT" means any Person who receives or obtains the Licensed Work
|
1.15. "RECIPIENT" means any Person who receives or obtains the Licensed Work under this License (by way of example, without limiting the foregoing, any Subsequent Contributor or Distributor).
|
||||||
under this License (by way of example, without limiting the foregoing, any
|
|
||||||
Subsequent Contributor or Distributor).
|
|
||||||
|
|
||||||
1.16. "SOURCE CODE" means the source code for a computer program, including
|
1.16. "SOURCE CODE" means the source code for a computer program, including the source code for all modules and components of the computer program, plus any associated interface definition files, and scripts used to control compilation and installation of an executable.
|
||||||
the source code for all modules and components of the computer program, plus
|
|
||||||
any associated interface definition files, and scripts used to control compilation
|
|
||||||
and installation of an executable.
|
|
||||||
|
|
||||||
1.17. "SUBSEQUENT CONTRIBUTOR" means any Person that makes or contributes
|
1.17. "SUBSEQUENT CONTRIBUTOR" means any Person that makes or contributes to the making of any Subsequent Work and that distributes that Subsequent Work to at least one Third Party.
|
||||||
to the making of any Subsequent Work and that distributes that Subsequent
|
|
||||||
Work to at least one Third Party.
|
|
||||||
|
|
||||||
1.18. "SUBSEQUENT WORK" means a work that has resulted or arises from changes
|
1.18. "SUBSEQUENT WORK" means a work that has resulted or arises from changes to and/or additions to:
|
||||||
to and/or additions to:
|
|
||||||
|
|
||||||
(a) the Initial Work;
|
(a) the Initial Work;
|
||||||
(b) any other Subsequent Work; or
|
(b) any other Subsequent Work; or
|
||||||
(c) to any combination of the Initial Work and any such other Subsequent Work;
|
(c) to any combination of the Initial Work and any such other Subsequent Work;
|
||||||
where such changes and/or additions originate from a Subsequent Contributor.
|
where such changes and/or additions originate from a Subsequent Contributor. A Subsequent Work will "originate" from a Subsequent Contributor if the Subsequent Work was a result of efforts by such Subsequent Contributor (or anyone acting on such Subsequent Contributor's behalf, such as, a contractor or other entity that is engaged by or under the direction of the Subsequent Contributor). For greater certainty, a Subsequent Work expressly excludes and shall not capture within its meaning any Independent Module.
|
||||||
A Subsequent Work will "originate" from a Subsequent Contributor if the Subsequent
|
|
||||||
Work was a result of efforts by such Subsequent Contributor (or anyone acting
|
|
||||||
on such Subsequent Contributor's behalf, such as, a contractor or other entity
|
|
||||||
that is engaged by or under the direction of the Subsequent Contributor).
|
|
||||||
For greater certainty, a Subsequent Work expressly excludes and shall not
|
|
||||||
capture within its meaning any Independent Module.
|
|
||||||
|
|
||||||
1.19. "SUPPLEMENT FILE" means a file distributed with the Licensed Work having
|
1.19. "SUPPLEMENT FILE" means a file distributed with the Licensed Work having a file name "suppfile.txt".
|
||||||
a file name "suppfile.txt".
|
|
||||||
|
|
||||||
1.20. "THIRD PARTY" has the meaning assigned in Part 4 of Exhibit A.
|
1.20. "THIRD PARTY" has the meaning assigned in Part 4 of Exhibit A.
|
||||||
|
|
||||||
|
@ -112,492 +61,146 @@ a file name "suppfile.txt".
|
||||||
|
|
||||||
2.1. COPYRIGHT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.
|
2.1. COPYRIGHT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.
|
||||||
|
|
||||||
(a) Subject to the terms of this License, the Initial Contributor hereby grants
|
(a) Subject to the terms of this License, the Initial Contributor hereby grants each Recipient a world-wide, royalty-free, non-exclusive copyright license to:
|
||||||
each Recipient a world-wide, royalty-free, non-exclusive copyright license
|
|
||||||
to:
|
|
||||||
|
|
||||||
(i) reproduce, prepare derivative works of, publicly display, publicly perform,
|
(i) reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Initial Work; and
|
||||||
distribute and sublicense the Initial Work; and
|
(ii) reproduce, publicly display, publicly perform, distribute, and sublicense any derivative works (if any) prepared by Recipient;
|
||||||
(ii) reproduce, publicly display, publicly perform, distribute, and sublicense
|
in Source Code and Executable form, either with other Modifications, on an unmodified basis, or as part of a Larger Work.
|
||||||
any derivative works (if any) prepared by Recipient;
|
|
||||||
in Source Code and Executable form, either with other Modifications, on an
|
|
||||||
unmodified basis, or as part of a Larger Work.
|
|
||||||
|
|
||||||
(b) Subject to the terms of this License, each Subsequent Contributor hereby
|
(b) Subject to the terms of this License, each Subsequent Contributor hereby grants each Recipient a world-wide, royalty-free, non-exclusive copyright license to:
|
||||||
grants each Recipient a world-wide, royalty-free, non-exclusive copyright
|
|
||||||
license to:
|
|
||||||
|
|
||||||
(i) reproduce, prepare derivative works of, publicly display, publicly perform,
|
(i) reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Subsequent Work of such Subsequent Contributor; and
|
||||||
distribute and sublicense the Subsequent Work of such Subsequent Contributor;
|
(ii) reproduce, publicly display, publicly perform, distribute, and sublicense any derivative works (if any) prepared by Recipient;
|
||||||
and
|
in Source Code and Executable form, either with other Modifications, on an unmodified basis, or as part of a Larger Work.
|
||||||
(ii) reproduce, publicly display, publicly perform, distribute, and sublicense
|
|
||||||
any derivative works (if any) prepared by Recipient;
|
|
||||||
in Source Code and Executable form, either with other Modifications, on an
|
|
||||||
unmodified basis, or as part of a Larger Work.
|
|
||||||
|
|
||||||
2.2. PATENT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.
|
2.2. PATENT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.
|
||||||
|
|
||||||
(a) This License does not include or grant any patent license whatsoever from
|
(a) This License does not include or grant any patent license whatsoever from the Initial Contributor, Subsequent Contributor, or any Distributor unless, at the time the Initial Work is first distributed or made available under this License (as the case may be), the Initial Contributor has selected pursuant to Part 6 of Exhibit A the patent terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A. If this is not done then the Initial Work and any other Subsequent Work is made available under the License without any patent license (the "PATENTS-EXCLUDED LICENSE").
|
||||||
the Initial Contributor, Subsequent Contributor, or any Distributor unless,
|
(b) However, the Initial Contributor may subsequently distribute or make available (as the case may be) future copies of: (1) the Initial Work; or (2) any Licensed Work distributed by the Initial Contributor which includes the Initial Work (or any portion thereof) and/or any Modification made by the Initial Contributor; available under a License which includes a patent license (the "PATENTS-INCLUDED LICENSE") by selecting pursuant to Part 6 of Exhibit A the patent terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A, when the Initial Contributor distributes or makes available (as the case may be) such future copies under this License.
|
||||||
at the time the Initial Work is first distributed or made available under
|
(c) If any Recipient receives or obtains one or more copies of the Initial Work or any other portion of the Licensed Work under the Patents-Included License, then all licensing of such copies under this License shall include the terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A and that Recipient shall not be able to rely upon the Patents-Excluded License for any such copies. However, all Recipients that receive one or more copies of the Initial Work or any other portion of the Licensed Work under a copy of the License which includes the Patents-Excluded License shall have no patent license with respect to such copies received under the Patents-Excluded License and availability and distribution of such copies, including Modifications made by such Recipient to such copies, shall be under a copy of the License without any patent license.
|
||||||
this License (as the case may be), the Initial Contributor has selected pursuant
|
(d) Where a Recipient uses in combination or combines any copy of the Licensed Work (or portion thereof) licensed under a copy of the License having a Patents-Excluded License with any copy of the Licensed Work (or portion thereof) licensed under a copy of the License having a Patents-Included License, the combination (and any portion thereof) shall, from the first time such Recipient uses, makes available or distributes the combination (as the case may be), be subject to only the terms of the License having the Patents-Included License which shall include the terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A.
|
||||||
to Part 6 of Exhibit A the patent terms in paragraphs A, B, C, D and E from
|
|
||||||
Part 6 of Exhibit A. If this is not done then the Initial Work and any other
|
|
||||||
Subsequent Work is made available under the License without any patent license
|
|
||||||
(the "PATENTS-EXCLUDED LICENSE").
|
|
||||||
(b) However, the Initial Contributor may subsequently distribute or make available
|
|
||||||
(as the case may be) future copies of: (1) the Initial Work; or (2) any Licensed
|
|
||||||
Work distributed by the Initial Contributor which includes the Initial Work
|
|
||||||
(or any portion thereof) and/or any Modification made by the Initial Contributor;
|
|
||||||
available under a License which includes a patent license (the "PATENTS-INCLUDED
|
|
||||||
LICENSE") by selecting pursuant to Part 6 of Exhibit A the patent terms in
|
|
||||||
paragraphs A, B, C, D and E from Part 6 of Exhibit A, when the Initial Contributor
|
|
||||||
distributes or makes available (as the case may be) such future copies under
|
|
||||||
this License.
|
|
||||||
(c) If any Recipient receives or obtains one or more copies of the Initial
|
|
||||||
Work or any other portion of the Licensed Work under the Patents-Included
|
|
||||||
License, then all licensing of such copies under this License shall include
|
|
||||||
the terms in paragraphs A, B, C, D and E from Part 6 of Exhibit A and that
|
|
||||||
Recipient shall not be able to rely upon the Patents-Excluded License for
|
|
||||||
any such copies. However, all Recipients that receive one or more copies of
|
|
||||||
the Initial Work or any other portion of the Licensed Work under a copy of
|
|
||||||
the License which includes the Patents-Excluded License shall have no patent
|
|
||||||
license with respect to such copies received under the Patents-Excluded License
|
|
||||||
and availability and distribution of such copies, including Modifications
|
|
||||||
made by such Recipient to such copies, shall be under a copy of the License
|
|
||||||
without any patent license.
|
|
||||||
(d) Where a Recipient uses in combination or combines any copy of the Licensed
|
|
||||||
Work (or portion thereof) licensed under a copy of the License having a Patents-Excluded
|
|
||||||
License with any copy of the Licensed Work (or portion thereof) licensed under
|
|
||||||
a copy of the License having a Patents-Included License, the combination (and
|
|
||||||
any portion thereof) shall, from the first time such Recipient uses, makes
|
|
||||||
available or distributes the combination (as the case may be), be subject
|
|
||||||
to only the terms of the License having the Patents-Included License which
|
|
||||||
shall include the terms in paragraphs A, B, C, D and E from Part 6 of Exhibit
|
|
||||||
A.
|
|
||||||
|
|
||||||
2.3. ACKNOWLEDGEMENT AND DISCLAIMER.
|
2.3. ACKNOWLEDGEMENT AND DISCLAIMER.
|
||||||
Recipient understands and agrees that although Initial Contributor and each
|
Recipient understands and agrees that although Initial Contributor and each Subsequent Contributor grants the licenses to its Contributions set forth herein, no representation, warranty, guarantee or assurance is provided by any Initial Contributor, Subsequent Contributor, or Distributor that the Licensed Work does not infringe the patent or other intellectual property rights of any other entity. Initial Contributor, Subsequent Contributor, and each Distributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise, in relation to the Licensed Works. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, without limiting the foregoing disclaimers, if a third party patent license is required to allow Recipient to distribute the Licensed Work, it is Recipient's responsibility to acquire that license before distributing the Licensed Work.
|
||||||
Subsequent Contributor grants the licenses to its Contributions set forth
|
|
||||||
herein, no representation, warranty, guarantee or assurance is provided by
|
|
||||||
any Initial Contributor, Subsequent Contributor, or Distributor that the Licensed
|
|
||||||
Work does not infringe the patent or other intellectual property rights of
|
|
||||||
any other entity. Initial Contributor, Subsequent Contributor, and each Distributor
|
|
||||||
disclaims any liability to Recipient for claims brought by any other entity
|
|
||||||
based on infringement of intellectual property rights or otherwise, in relation
|
|
||||||
to the Licensed Works. As a condition to exercising the rights and licenses
|
|
||||||
granted hereunder, each Recipient hereby assumes sole responsibility to secure
|
|
||||||
any other intellectual property rights needed, if any. For example, without
|
|
||||||
limiting the foregoing disclaimers, if a third party patent license is required
|
|
||||||
to allow Recipient to distribute the Licensed Work, it is Recipient's responsibility
|
|
||||||
to acquire that license before distributing the Licensed Work.
|
|
||||||
|
|
||||||
2.4. RESERVATION.
|
2.4. RESERVATION.
|
||||||
Nothing in this License shall be deemed to grant any rights to trademarks,
|
Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Initial Contributor, Subsequent Contributor, or Distributor except as expressly stated herein.
|
||||||
copyrights, patents, trade secrets or any other intellectual property of Initial
|
|
||||||
Contributor, Subsequent Contributor, or Distributor except as expressly stated
|
|
||||||
herein.
|
|
||||||
|
|
||||||
3. DISTRIBUTION OBLIGATIONS.
|
3. DISTRIBUTION OBLIGATIONS.
|
||||||
|
|
||||||
3.1. DISTRIBUTION GENERALLY.
|
3.1. DISTRIBUTION GENERALLY.
|
||||||
|
|
||||||
(a) A Subsequent Contributor shall make that Subsequent Contributor's Subsequent
|
(a) A Subsequent Contributor shall make that Subsequent Contributor's Subsequent Work(s) available to the public via an Electronic Distribution Mechanism for a period of at least twelve (12) months. The aforesaid twelve (12) month period shall begin within a reasonable time after the creation of the Subsequent Work and no later than sixty (60) days after first distribution of that Subsequent Contributor's Subsequent Work.
|
||||||
Work(s) available to the public via an Electronic Distribution Mechanism for
|
(b) All Distributors must distribute the Licensed Work in accordance with the terms of the License, and must include a copy of this License (including without limitation Exhibit A and the accompanying Supplement File) with each copy of the Licensed Work distributed. In particular, this License must be prominently distributed with the Licensed Work in a file called "license.txt." In addition, the License Notice in Part 5 of Exhibit A must be included at the beginning of all Source Code files, and viewable to a user in any executable such that the License Notice is reasonably brought to the attention of any party using the Licensed Work.
|
||||||
a period of at least twelve (12) months. The aforesaid twelve (12) month period
|
|
||||||
shall begin within a reasonable time after the creation of the Subsequent
|
|
||||||
Work and no later than sixty (60) days after first distribution of that Subsequent
|
|
||||||
Contributor's Subsequent Work.
|
|
||||||
(b) All Distributors must distribute the Licensed Work in accordance with
|
|
||||||
the terms of the License, and must include a copy of this License (including
|
|
||||||
without limitation Exhibit A and the accompanying Supplement File) with each
|
|
||||||
copy of the Licensed Work distributed. In particular, this License must be
|
|
||||||
prominently distributed with the Licensed Work in a file called "license.txt."
|
|
||||||
In addition, the License Notice in Part 5 of Exhibit A must be included at
|
|
||||||
the beginning of all Source Code files, and viewable to a user in any executable
|
|
||||||
such that the License Notice is reasonably brought to the attention of any
|
|
||||||
party using the Licensed Work.
|
|
||||||
|
|
||||||
3.2. EXECUTABLE DISTRIBUTIONS OF THE LICENSED WORK.
|
3.2. EXECUTABLE DISTRIBUTIONS OF THE LICENSED WORK.
|
||||||
A Distributor may choose to distribute the Licensed Work, or any portion thereof,
|
A Distributor may choose to distribute the Licensed Work, or any portion thereof, in Executable form (an "EXECUTABLE DISTRIBUTION") to any third party, under the terms of Section 2 of this License, provided the Executable Distribution is made available under and accompanied by a copy of this License, AND provided at least ONE of the following conditions is fulfilled:
|
||||||
in Executable form (an "EXECUTABLE DISTRIBUTION") to any third party, under
|
|
||||||
the terms of Section 2 of this License, provided the Executable Distribution
|
|
||||||
is made available under and accompanied by a copy of this License, AND provided
|
|
||||||
at least ONE of the following conditions is fulfilled:
|
|
||||||
|
|
||||||
(a) The Executable Distribution must be accompanied by the Source Code for
|
(a) The Executable Distribution must be accompanied by the Source Code for the Licensed Work making up the Executable Distribution, and the Source Code must be distributed on the same media as the Executable Distribution or using an Electronic Distribution Mechanism; or
|
||||||
the Licensed Work making up the Executable Distribution, and the Source Code
|
(b) The Executable Distribution must be accompanied with a written offer, valid for at least thirty six (36) months, to give any third party under the terms of this License, for a charge no more than the cost of physically performing source distribution, a complete machine-readable copy of the Source Code for the Licensed Work making up the Executable Distribution, to be available and distributed using an Electronic Distribution Mechanism, and such Executable Distribution must remain available in Source Code form to any third party via the Electronic Distribution Mechanism (or any replacement Electronic Distribution Mechanism the particular Distributor may reasonably need to turn to as a substitute) for said at least thirty six (36) months.
|
||||||
must be distributed on the same media as the Executable Distribution or using
|
|
||||||
an Electronic Distribution Mechanism; or
|
|
||||||
(b) The Executable Distribution must be accompanied with a written offer,
|
|
||||||
valid for at least thirty six (36) months, to give any third party under the
|
|
||||||
terms of this License, for a charge no more than the cost of physically performing
|
|
||||||
source distribution, a complete machine-readable copy of the Source Code for
|
|
||||||
the Licensed Work making up the Executable Distribution, to be available and
|
|
||||||
distributed using an Electronic Distribution Mechanism, and such Executable
|
|
||||||
Distribution must remain available in Source Code form to any third party
|
|
||||||
via the Electronic Distribution Mechanism (or any replacement Electronic Distribution
|
|
||||||
Mechanism the particular Distributor may reasonably need to turn to as a substitute)
|
|
||||||
for said at least thirty six (36) months.
|
|
||||||
|
|
||||||
For greater certainty, the above-noted requirements apply to any Licensed
|
For greater certainty, the above-noted requirements apply to any Licensed Work or portion thereof distributed to any third party in Executable form, whether such distribution is made alone, in combination with a Larger Work or Independent Modules, or in some other combination.
|
||||||
Work or portion thereof distributed to any third party in Executable form,
|
|
||||||
whether such distribution is made alone, in combination with a Larger Work
|
|
||||||
or Independent Modules, or in some other combination.
|
|
||||||
|
|
||||||
3.3. SOURCE CODE DISTRIBUTIONS.
|
3.3. SOURCE CODE DISTRIBUTIONS.
|
||||||
When a Distributor makes the Licensed Work, or any portion thereof, available
|
When a Distributor makes the Licensed Work, or any portion thereof, available to any Person in Source Code form, it must be made available under this License and a copy of this License must be included with each copy of the Source Code, situated so that the copy of the License is conspicuously brought to the attention of that Person. For greater clarification, this Section 3.3 applies to all distribution of the Licensed Work in any Source Code form. A Distributor may charge a fee for the physical act of transferring a copy, which charge shall be no more than the cost of physically performing source distribution.
|
||||||
to any Person in Source Code form, it must be made available under this License
|
|
||||||
and a copy of this License must be included with each copy of the Source Code,
|
|
||||||
situated so that the copy of the License is conspicuously brought to the attention
|
|
||||||
of that Person. For greater clarification, this Section 3.3 applies to all
|
|
||||||
distribution of the Licensed Work in any Source Code form. A Distributor may
|
|
||||||
charge a fee for the physical act of transferring a copy, which charge shall
|
|
||||||
be no more than the cost of physically performing source distribution.
|
|
||||||
|
|
||||||
3.4. REQUIRED NOTICES IN SOURCE CODE.
|
3.4. REQUIRED NOTICES IN SOURCE CODE.
|
||||||
Each Subsequent Contributor must ensure that the notice set out in Part 5
|
Each Subsequent Contributor must ensure that the notice set out in Part 5 of Exhibit A is included in each file of the Source Code for each Subsequent Work originating from that particular Subsequent Contributor, if such notice is not already included in each such file. If it is not possible to put such notice in a particular Source Code file due to its structure, then the Subsequent Contributor must include such notice in a location (such as a relevant directory in which the file is stored) where a user would be likely to look for such a notice.
|
||||||
of Exhibit A is included in each file of the Source Code for each Subsequent
|
|
||||||
Work originating from that particular Subsequent Contributor, if such notice
|
|
||||||
is not already included in each such file. If it is not possible to put such
|
|
||||||
notice in a particular Source Code file due to its structure, then the Subsequent
|
|
||||||
Contributor must include such notice in a location (such as a relevant directory
|
|
||||||
in which the file is stored) where a user would be likely to look for such
|
|
||||||
a notice.
|
|
||||||
|
|
||||||
3.5. NO DISTRIBUTION REQUIREMENTS FOR INTERNALLY USED MODIFICATIONS.
|
3.5. NO DISTRIBUTION REQUIREMENTS FOR INTERNALLY USED MODIFICATIONS.
|
||||||
Notwithstanding Sections 3.2, 3.3 and 3.4, Recipient may, internally within
|
Notwithstanding Sections 3.2, 3.3 and 3.4, Recipient may, internally within its own corporation or organization use the Licensed Work, including the Initial Work and Subsequent Works, and make Modifications for internal use within Recipient's own corporation or organization (collectively, "INTERNAL USE MODIFICATIONS"). The Recipient shall have no obligation to distribute, in either Source Code or Executable form, any such Internal Use Modifications made by Recipient in the course of such internal use, except where required below in this Section 3.5. All Internal Use Modifications distributed to any Person, whether or not a Third Party, shall be distributed pursuant to and be accompanied by the terms of this License. If the Recipient chooses to distribute any such Internal Use Modifications to any Third Party, then the Recipient shall be deemed a Subsequent Contributor, and any such Internal Use Modifications distributed to any Third Party shall be deemed a Subsequent Work originating from that Subsequent Contributor, and shall from the first such instance become part of the Licensed Work that must thereafter be distributed and made available to third parties in accordance with the terms of Sections 3.1 to 3.4 inclusive.
|
||||||
its own corporation or organization use the Licensed Work, including the Initial
|
|
||||||
Work and Subsequent Works, and make Modifications for internal use within
|
|
||||||
Recipient's own corporation or organization (collectively, "INTERNAL USE MODIFICATIONS").
|
|
||||||
The Recipient shall have no obligation to distribute, in either Source Code
|
|
||||||
or Executable form, any such Internal Use Modifications made by Recipient
|
|
||||||
in the course of such internal use, except where required below in this Section
|
|
||||||
3.5. All Internal Use Modifications distributed to any Person, whether or
|
|
||||||
not a Third Party, shall be distributed pursuant to and be accompanied by
|
|
||||||
the terms of this License. If the Recipient chooses to distribute any such
|
|
||||||
Internal Use Modifications to any Third Party, then the Recipient shall be
|
|
||||||
deemed a Subsequent Contributor, and any such Internal Use Modifications distributed
|
|
||||||
to any Third Party shall be deemed a Subsequent Work originating from that
|
|
||||||
Subsequent Contributor, and shall from the first such instance become part
|
|
||||||
of the Licensed Work that must thereafter be distributed and made available
|
|
||||||
to third parties in accordance with the terms of Sections 3.1 to 3.4 inclusive.
|
|
||||||
|
|
||||||
3.6. INDEPENDENT MODULES.
|
3.6. INDEPENDENT MODULES.
|
||||||
This License shall not apply to Independent Modules of any Initial Contributor,
|
This License shall not apply to Independent Modules of any Initial Contributor, Subsequent Contributor, Distributor or any Recipient, and such Independent Modules may be licensed or made available under one or more separate license agreements.
|
||||||
Subsequent Contributor, Distributor or any Recipient, and such Independent
|
|
||||||
Modules may be licensed or made available under one or more separate license
|
|
||||||
agreements.
|
|
||||||
|
|
||||||
3.7. LARGER WORKS.
|
3.7. LARGER WORKS.
|
||||||
Any Distributor or Recipient may create or contribute to a Larger Work by
|
Any Distributor or Recipient may create or contribute to a Larger Work by combining any of the Licensed Work with other code not governed by the terms of this License, and may distribute the Larger Work as one or more products. However, in any such case, Distributor or Recipient (as the case may be) must make sure that the requirements of this License are fulfilled for the Licensed Work portion of the Larger Work.
|
||||||
combining any of the Licensed Work with other code not governed by the terms
|
|
||||||
of this License, and may distribute the Larger Work as one or more products.
|
|
||||||
However, in any such case, Distributor or Recipient (as the case may be) must
|
|
||||||
make sure that the requirements of this License are fulfilled for the Licensed
|
|
||||||
Work portion of the Larger Work.
|
|
||||||
|
|
||||||
3.8. DESCRIPTION OF DISTRIBUTED MODIFICATIONS.
|
3.8. DESCRIPTION OF DISTRIBUTED MODIFICATIONS.
|
||||||
|
|
||||||
(a) Each Subsequent Contributor (including the Initial Contributor where the
|
(a) Each Subsequent Contributor (including the Initial Contributor where the Initial Contributor also qualifies as a Subsequent Contributor) must cause each Subsequent Work created or contributed to by that Subsequent Contributor to contain a file documenting the changes, in accordance with the requirements of Part 1 of the Supplement File, that such Subsequent Contributor made in the creation or contribution to that Subsequent Work. If no Supplement File exists or no requirements are set out in Part 1 of the Supplement File, then there are no requirements for Subsequent Contributors to document changes that they make resulting in Subsequent Works.
|
||||||
Initial Contributor also qualifies as a Subsequent Contributor) must cause
|
(b) The Initial Contributor may at any time introduce requirements or add to or change earlier requirements (in each case, the "EARLIER DESCRIPTION REQUIREMENTS") for documenting changes resulting in Subsequent Works by revising Part 1 of each copy of the Supplement File distributed by the Initial Contributor with future copies of the Licensed Work so that Part 1 then contains new requirements (the "NEW DESCRIPTION REQUIREMENTS") for documenting such changes.
|
||||||
each Subsequent Work created or contributed to by that Subsequent Contributor
|
(c) Any Recipient receiving at any time any copy of an Initial Work or any Subsequent Work under a copy of this License (in each case, an "Earlier LICENSED COPY") having the Earlier Description Requirements may choose, with respect to each such Earlier Licensed Copy, to comply with the Earlier Description Requirements or the New Description Requirements. Where a Recipient chooses to comply with the New Description Requirements, that Recipient will, when thereafter distributing any copies of any such Earlier Licensed Copy, include a Supplement File having a section entitled Part 1 that contains a copy of the New Description Requirements.
|
||||||
to contain a file documenting the changes, in accordance with the requirements
|
(d) For greater certainty, the intent of Part 1 of the Supplement File is to provide a mechanism (if any) by which Subsequent Contributors must document changes that they make to the Licensed Work resulting in Subsequent Works. Part 1 of any Supplement File shall not be used to increase or reduce the scope of the license granted in Article 2 of this License or in any other way increase or decrease the rights and obligations of any Recipient, and shall at no time serve as the basis for terminating the License. Further, a Recipient can be required to correct and change its documentation procedures to comply with Part 1 of the Supplement File, but cannot be penalised with damages. Part 1 of any Supplement File is only binding on each Recipient of any Licensed Work to the extent Part 1 sets out the requirements for documenting changes to the Initial Work or any Subsequent Work.
|
||||||
of Part 1 of the Supplement File, that such Subsequent Contributor made in
|
(e) An example of a set of requirements for documenting changes and contributions made by Subsequent Contributor is set out in Part 7 of Exhibit A of this License. Part 7 is a sample only and is not binding on Recipients, unless (subject to the earlier paragraphs of this Section 3.8) those are the requirements that the Initial Contributor includes in Part 1 of the Supplement File with the copies of the Initial Work distributed under this License.
|
||||||
the creation or contribution to that Subsequent Work. If no Supplement File
|
|
||||||
exists or no requirements are set out in Part 1 of the Supplement File, then
|
|
||||||
there are no requirements for Subsequent Contributors to document changes
|
|
||||||
that they make resulting in Subsequent Works.
|
|
||||||
(b) The Initial Contributor may at any time introduce requirements or add
|
|
||||||
to or change earlier requirements (in each case, the "EARLIER DESCRIPTION
|
|
||||||
REQUIREMENTS") for documenting changes resulting in Subsequent Works by revising
|
|
||||||
Part 1 of each copy of the Supplement File distributed by the Initial Contributor
|
|
||||||
with future copies of the Licensed Work so that Part 1 then contains new requirements
|
|
||||||
(the "NEW DESCRIPTION REQUIREMENTS") for documenting such changes.
|
|
||||||
(c) Any Recipient receiving at any time any copy of an Initial Work or any
|
|
||||||
Subsequent Work under a copy of this License (in each case, an "Earlier LICENSED
|
|
||||||
COPY") having the Earlier Description Requirements may choose, with respect
|
|
||||||
to each such Earlier Licensed Copy, to comply with the Earlier Description
|
|
||||||
Requirements or the New Description Requirements. Where a Recipient chooses
|
|
||||||
to comply with the New Description Requirements, that Recipient will, when
|
|
||||||
thereafter distributing any copies of any such Earlier Licensed Copy, include
|
|
||||||
a Supplement File having a section entitled Part 1 that contains a copy of
|
|
||||||
the New Description Requirements.
|
|
||||||
(d) For greater certainty, the intent of Part 1 of the Supplement File is
|
|
||||||
to provide a mechanism (if any) by which Subsequent Contributors must document
|
|
||||||
changes that they make to the Licensed Work resulting in Subsequent Works.
|
|
||||||
Part 1 of any Supplement File shall not be used to increase or reduce the
|
|
||||||
scope of the license granted in Article 2 of this License or in any other
|
|
||||||
way increase or decrease the rights and obligations of any Recipient, and
|
|
||||||
shall at no time serve as the basis for terminating the License. Further,
|
|
||||||
a Recipient can be required to correct and change its documentation procedures
|
|
||||||
to comply with Part 1 of the Supplement File, but cannot be penalised with
|
|
||||||
damages. Part 1 of any Supplement File is only binding on each Recipient of
|
|
||||||
any Licensed Work to the extent Part 1 sets out the requirements for documenting
|
|
||||||
changes to the Initial Work or any Subsequent Work.
|
|
||||||
(e) An example of a set of requirements for documenting changes and contributions
|
|
||||||
made by Subsequent Contributor is set out in Part 7 of Exhibit A of this License.
|
|
||||||
Part 7 is a sample only and is not binding on Recipients, unless (subject
|
|
||||||
to the earlier paragraphs of this Section 3.8) those are the requirements
|
|
||||||
that the Initial Contributor includes in Part 1 of the Supplement File with
|
|
||||||
the copies of the Initial Work distributed under this License.
|
|
||||||
|
|
||||||
3.9. USE OF DISTRIBUTOR NAME.
|
3.9. USE OF DISTRIBUTOR NAME.
|
||||||
The name of a Distributor may not be used by any other Distributor to endorse
|
The name of a Distributor may not be used by any other Distributor to endorse or promote the Licensed Work or products derived from the Licensed Work, without prior written permission.
|
||||||
or promote the Licensed Work or products derived from the Licensed Work, without
|
|
||||||
prior written permission.
|
|
||||||
|
|
||||||
3.10. LIMITED RECOGNITION OF INITIAL CONTRIBUTOR.
|
3.10. LIMITED RECOGNITION OF INITIAL CONTRIBUTOR.
|
||||||
|
|
||||||
(a) As a modest attribution to the Initial Contributor, in the hope that its
|
(a) As a modest attribution to the Initial Contributor, in the hope that its promotional value may help justify the time, money and effort invested in writing the Initial Work, the Initial Contributor may include in Part 2 of the Supplement File a requirement that each time an executable program resulting from the Initial Work or any Subsequent Work, or a program dependent thereon, is launched or run, a prominent display of the Initial Contributor's attribution information must occur (the "ATTRIBUTION INFORMATION"). The Attribution Information must be included at the beginning of each Source Code file. For greater certainty, the Initial Contributor may specify in the Supplement File that the above attribution requirement only applies to an executable program resulting from the Initial Work or any Subsequent Work, but not a program dependent thereon. The intent is to provide for reasonably modest attribution, therefore the Initial Contributor may not require Recipients to display, at any time, more than the following Attribution Information: (a) a copyright notice including the name of the Initial Contributor; (b) a word or one phrase (not exceeding 10 words); (c) one digital image or graphic provided with the Initial Work; and (d) a URL (collectively, the "ATTRIBUTION LIMITS").
|
||||||
promotional value may help justify the time, money and effort invested in
|
(b) If no Supplement File exists, or no Attribution Information is set out in Part 2 of the Supplement File, then there are no requirements for Recipients to display any Attribution Information of the Initial Contributor.
|
||||||
writing the Initial Work, the Initial Contributor may include in Part 2 of
|
(c) Each Recipient acknowledges that all trademarks, service marks and/or trade names contained within Part 2 of the Supplement File distributed with the Licensed Work are the exclusive property of the Initial Contributor and may only be used with the permission of the Initial Contributor, or under circumstances otherwise permitted by law, or as expressly set out in this License.
|
||||||
the Supplement File a requirement that each time an executable program resulting
|
3.11. For greater certainty, any description or attribution provisions contained within a Supplement File may only be used to specify the nature of the description or attribution requirements, as the case may be. Any provision in a Supplement File that otherwise purports to modify, vary, nullify or amend any right, obligation or representation contained herein shall be deemed void to that extent, and shall be of no force or effect.
|
||||||
from the Initial Work or any Subsequent Work, or a program dependent thereon,
|
|
||||||
is launched or run, a prominent display of the Initial Contributor's attribution
|
|
||||||
information must occur (the "ATTRIBUTION INFORMATION"). The Attribution Information
|
|
||||||
must be included at the beginning of each Source Code file. For greater certainty,
|
|
||||||
the Initial Contributor may specify in the Supplement File that the above
|
|
||||||
attribution requirement only applies to an executable program resulting from
|
|
||||||
the Initial Work or any Subsequent Work, but not a program dependent thereon.
|
|
||||||
The intent is to provide for reasonably modest attribution, therefore the
|
|
||||||
Initial Contributor may not require Recipients to display, at any time, more
|
|
||||||
than the following Attribution Information: (a) a copyright notice including
|
|
||||||
the name of the Initial Contributor; (b) a word or one phrase (not exceeding
|
|
||||||
10 words); (c) one digital image or graphic provided with the Initial Work;
|
|
||||||
and (d) a URL (collectively, the "ATTRIBUTION LIMITS").
|
|
||||||
(b) If no Supplement File exists, or no Attribution Information is set out
|
|
||||||
in Part 2 of the Supplement File, then there are no requirements for Recipients
|
|
||||||
to display any Attribution Information of the Initial Contributor.
|
|
||||||
(c) Each Recipient acknowledges that all trademarks, service marks and/or
|
|
||||||
trade names contained within Part 2 of the Supplement File distributed with
|
|
||||||
the Licensed Work are the exclusive property of the Initial Contributor and
|
|
||||||
may only be used with the permission of the Initial Contributor, or under
|
|
||||||
circumstances otherwise permitted by law, or as expressly set out in this
|
|
||||||
License.
|
|
||||||
3.11. For greater certainty, any description or attribution provisions contained
|
|
||||||
within a Supplement File may only be used to specify the nature of the description
|
|
||||||
or attribution requirements, as the case may be. Any provision in a Supplement
|
|
||||||
File that otherwise purports to modify, vary, nullify or amend any right,
|
|
||||||
obligation or representation contained herein shall be deemed void to that
|
|
||||||
extent, and shall be of no force or effect.
|
|
||||||
|
|
||||||
4. COMMERCIAL USE AND INDEMNITY.
|
4. COMMERCIAL USE AND INDEMNITY.
|
||||||
|
|
||||||
4.1. COMMERCIAL SERVICES.
|
4.1. COMMERCIAL SERVICES.
|
||||||
A Recipient ("COMMERCIAL RECIPIENT") may choose to offer, and to charge a
|
A Recipient ("COMMERCIAL RECIPIENT") may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations (collectively, "SERVICES") to one or more other Recipients or Distributors. However, such Commercial Recipient may do so only on that Commercial Recipient's own behalf, and not on behalf of any other Distributor or Recipient, and Commercial Recipient must make it clear than any such warranty, support, indemnity or liability obligation(s) is/are offered by Commercial Recipient alone. At no time may Commercial Recipient use any Services to deny any party the Licensed Work in Source Code or Executable form when so required under any of the other terms of this License. For greater certainty, this Section 4.1 does not diminish any of the other terms of this License, including without limitation the obligation of the Commercial Recipient as a Distributor, when distributing any of the Licensed Work in Source Code or Executable form, to make such distribution royalty-free (subject to the right to charge a fee of no more than the cost of physically performing Source Code or Executable distribution (as the case may be)).
|
||||||
fee for, warranty, support, indemnity or liability obligations (collectively,
|
|
||||||
"SERVICES") to one or more other Recipients or Distributors. However, such
|
|
||||||
Commercial Recipient may do so only on that Commercial Recipient's own behalf,
|
|
||||||
and not on behalf of any other Distributor or Recipient, and Commercial Recipient
|
|
||||||
must make it clear than any such warranty, support, indemnity or liability
|
|
||||||
obligation(s) is/are offered by Commercial Recipient alone. At no time may
|
|
||||||
Commercial Recipient use any Services to deny any party the Licensed Work
|
|
||||||
in Source Code or Executable form when so required under any of the other
|
|
||||||
terms of this License. For greater certainty, this Section 4.1 does not diminish
|
|
||||||
any of the other terms of this License, including without limitation the obligation
|
|
||||||
of the Commercial Recipient as a Distributor, when distributing any of the
|
|
||||||
Licensed Work in Source Code or Executable form, to make such distribution
|
|
||||||
royalty-free (subject to the right to charge a fee of no more than the cost
|
|
||||||
of physically performing Source Code or Executable distribution (as the case
|
|
||||||
may be)).
|
|
||||||
|
|
||||||
4.2. INDEMNITY.
|
4.2. INDEMNITY.
|
||||||
Commercial distributors of software may accept certain responsibilities with
|
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this License is intended to facilitate the commercial use of the Licensed Work, the Distributor who includes any of the Licensed Work in a commercial product offering should do so in a manner which does not create potential liability for other Distributors. Therefore, if a Distributor includes the Licensed Work in a commercial product offering or offers any Services, such Distributor ("COMMERCIAL DISTRIBUTOR") hereby agrees to defend and indemnify every other Distributor or Subsequent Contributor (in each case an "INDEMNIFIED PARTY") against any losses, damages and costs (collectively "LOSSES") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Party to the extent caused by the acts or omissions of such Commercial Distributor in connection with its distribution of any of the Licensed Work in a commercial product offering or in connection with any Services. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Party must: (a) promptly notify the Commercial Distributor in writing of such claim; and (b) allow the Commercial Distributor to control, and co-operate with the Commercial Distributor in, the defense and any related settlement negotiations. The Indemnified Party may participate in any such claim at its own expense.
|
||||||
respect to end users, business partners and the like. While this License is
|
|
||||||
intended to facilitate the commercial use of the Licensed Work, the Distributor
|
|
||||||
who includes any of the Licensed Work in a commercial product offering should
|
|
||||||
do so in a manner which does not create potential liability for other Distributors.
|
|
||||||
Therefore, if a Distributor includes the Licensed Work in a commercial product
|
|
||||||
offering or offers any Services, such Distributor ("COMMERCIAL DISTRIBUTOR")
|
|
||||||
hereby agrees to defend and indemnify every other Distributor or Subsequent
|
|
||||||
Contributor (in each case an "INDEMNIFIED PARTY") against any losses, damages
|
|
||||||
and costs (collectively "LOSSES") arising from claims, lawsuits and other
|
|
||||||
legal actions brought by a third party against the Indemnified Party to the
|
|
||||||
extent caused by the acts or omissions of such Commercial Distributor in connection
|
|
||||||
with its distribution of any of the Licensed Work in a commercial product
|
|
||||||
offering or in connection with any Services. The obligations in this section
|
|
||||||
do not apply to any claims or Losses relating to any actual or alleged intellectual
|
|
||||||
property infringement. In order to qualify, an Indemnified Party must: (a)
|
|
||||||
promptly notify the Commercial Distributor in writing of such claim; and (b)
|
|
||||||
allow the Commercial Distributor to control, and co-operate with the Commercial
|
|
||||||
Distributor in, the defense and any related settlement negotiations. The Indemnified
|
|
||||||
Party may participate in any such claim at its own expense.
|
|
||||||
|
|
||||||
5. VERSIONS OF THE LICENSE.
|
5. VERSIONS OF THE LICENSE.
|
||||||
|
|
||||||
5.1. NEW VERSIONS.
|
5.1. NEW VERSIONS.
|
||||||
The Initial Contributor may publish revised and/or new versions of the License
|
The Initial Contributor may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
|
||||||
from time to time. Each version will be given a distinguishing version number.
|
|
||||||
|
|
||||||
5.2. EFFECT OF NEW VERSIONS.
|
5.2. EFFECT OF NEW VERSIONS.
|
||||||
Once the Licensed Work or any portion thereof has been published by Initial
|
Once the Licensed Work or any portion thereof has been published by Initial Contributor under a particular version of the License, Recipient may choose to continue to use it under the terms of that version. However, if a Recipient chooses to use the Licensed Work under the terms of any subsequent version of the License published by the Initial Contributor, then from the date of making this choice, the Recipient must comply with the terms of that subsequent version with respect to all further reproduction, preparation of derivative works, public display of, public performance of, distribution and sublicensing by the Recipient in connection with the Licensed Work. No one other than the Initial Contributor has the right to modify the terms applicable to the Licensed Work
|
||||||
Contributor under a particular version of the License, Recipient may choose
|
|
||||||
to continue to use it under the terms of that version. However, if a Recipient
|
|
||||||
chooses to use the Licensed Work under the terms of any subsequent version
|
|
||||||
of the License published by the Initial Contributor, then from the date of
|
|
||||||
making this choice, the Recipient must comply with the terms of that subsequent
|
|
||||||
version with respect to all further reproduction, preparation of derivative
|
|
||||||
works, public display of, public performance of, distribution and sublicensing
|
|
||||||
by the Recipient in connection with the Licensed Work. No one other than the
|
|
||||||
Initial Contributor has the right to modify the terms applicable to the Licensed
|
|
||||||
Work
|
|
||||||
|
|
||||||
6. DISCLAIMER OF WARRANTY.
|
6. DISCLAIMER OF WARRANTY.
|
||||||
|
|
||||||
6.1. GENERAL DISCLAIMER.
|
6.1. GENERAL DISCLAIMER.
|
||||||
EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE LICENSED WORK IS PROVIDED
|
EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE LICENSED WORK IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE, ASSURANCE OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED WORK IS WITH RECIPIENT. SHOULD ANY LICENSED WORK PROVE DEFECTIVE IN ANY RESPECT, RECIPIENT (NOT THE INITIAL CONTRIBUTOR OR ANY SUBSEQUENT CONTRIBUTOR) ASSUMES THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS CLAUSE CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION THIS DISCLAIMER.
|
||||||
UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY,
|
|
||||||
GUARANTEE, ASSURANCE OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
|
|
||||||
INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
|
|
||||||
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO
|
|
||||||
THE QUALITY AND PERFORMANCE OF THE LICENSED WORK IS WITH RECIPIENT. SHOULD
|
|
||||||
ANY LICENSED WORK PROVE DEFECTIVE IN ANY RESPECT, RECIPIENT (NOT THE INITIAL
|
|
||||||
CONTRIBUTOR OR ANY SUBSEQUENT CONTRIBUTOR) ASSUMES THE COST OF ANY NECESSARY
|
|
||||||
SERVICING, REPAIR OR CORRECTION. THIS CLAUSE CONSTITUTES AN ESSENTIAL PART
|
|
||||||
OF THIS LICENSE. NO USE OF ANY LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT
|
|
||||||
UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION THIS DISCLAIMER.
|
|
||||||
|
|
||||||
6.2. RESPONSIBILITY OF RECIPIENTS.
|
6.2. RESPONSIBILITY OF RECIPIENTS.
|
||||||
Each Recipient is solely responsible for determining the appropriateness of
|
Each Recipient is solely responsible for determining the appropriateness of using and distributing the Licensed Work and assumes all risks associated with its exercise of rights under this License, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
|
||||||
using and distributing the Licensed Work and assumes all risks associated
|
|
||||||
with its exercise of rights under this License, including but not limited
|
|
||||||
to the risks and costs of program errors, compliance with applicable laws,
|
|
||||||
damage to or loss of data, programs or equipment, and unavailability or interruption
|
|
||||||
of operations.
|
|
||||||
|
|
||||||
7. TERMINATION.
|
7. TERMINATION.
|
||||||
|
|
||||||
7.1. This License shall continue until terminated in accordance with the express
|
7.1. This License shall continue until terminated in accordance with the express terms herein.
|
||||||
terms herein.
|
|
||||||
|
|
||||||
7.2. Recipient may choose to terminate this License automatically at any time.
|
7.2. Recipient may choose to terminate this License automatically at any time.
|
||||||
|
|
||||||
7.3. This License, including without limitation the rights granted hereunder
|
7.3. This License, including without limitation the rights granted hereunder to a particular Recipient, will terminate automatically if such Recipient is in material breach of any of the terms of this License and fails to cure such breach within sixty (60) days of becoming aware of the breach. Without limiting the foregoing, any material breach by such Recipient of any term of any other License under which such Recipient is granted any rights to the Licensed Work shall constitute a material breach of this License.
|
||||||
to a particular Recipient, will terminate automatically if such Recipient
|
|
||||||
is in material breach of any of the terms of this License and fails to cure
|
|
||||||
such breach within sixty (60) days of becoming aware of the breach. Without
|
|
||||||
limiting the foregoing, any material breach by such Recipient of any term
|
|
||||||
of any other License under which such Recipient is granted any rights to the
|
|
||||||
Licensed Work shall constitute a material breach of this License.
|
|
||||||
|
|
||||||
7.4. Upon termination of this License by or with respect to a particular Recipient
|
7.4. Upon termination of this License by or with respect to a particular Recipient for any reason, all rights granted hereunder and under any other License to that Recipient shall terminate. However, all sublicenses to the Licensed Work which were previously properly granted by such Recipient under a copy of this License (in each case, an "Other License" and in plural, "Other Licenses") shall survive any such termination of this License, including without limitation the rights and obligations under such Other Licenses as set out in their respective Sections 2, 3, 4, 5, 6, 7 and 8, mutatis mutandis, for so long as the respective sublicensees (i.e. other Recipients) remain in compliance with the terms of the copy of this License under which such sublicensees received rights to the Licensed Work. Any termination of such Other Licenses shall be pursuant to their respective Section 7, mutatis mutandis. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
|
||||||
for any reason, all rights granted hereunder and under any other License to
|
|
||||||
that Recipient shall terminate. However, all sublicenses to the Licensed Work
|
|
||||||
which were previously properly granted by such Recipient under a copy of this
|
|
||||||
License (in each case, an "Other License" and in plural, "Other Licenses")
|
|
||||||
shall survive any such termination of this License, including without limitation
|
|
||||||
the rights and obligations under such Other Licenses as set out in their respective
|
|
||||||
Sections 2, 3, 4, 5, 6, 7 and 8, mutatis mutandis, for so long as the respective
|
|
||||||
sublicensees (i.e. other Recipients) remain in compliance with the terms of
|
|
||||||
the copy of this License under which such sublicensees received rights to
|
|
||||||
the Licensed Work. Any termination of such Other Licenses shall be pursuant
|
|
||||||
to their respective Section 7, mutatis mutandis. Provisions which, by their
|
|
||||||
nature, must remain in effect beyond the termination of this License shall
|
|
||||||
survive.
|
|
||||||
|
|
||||||
7.5. Upon any termination of this License by or with respect to a particular
|
7.5. Upon any termination of this License by or with respect to a particular Recipient, Sections 4.1, 4.2, 6.1, 6.2, 7.4, 7.5, 8.1, and 8.2, together with all provisions of this License necessary for the interpretation and enforcement of same, shall expressly survive such termination.
|
||||||
Recipient, Sections 4.1, 4.2, 6.1, 6.2, 7.4, 7.5, 8.1, and 8.2, together with
|
|
||||||
all provisions of this License necessary for the interpretation and enforcement
|
|
||||||
of same, shall expressly survive such termination.
|
|
||||||
|
|
||||||
8. LIMITATION OF LIABILITY.
|
8. LIMITATION OF LIABILITY.
|
||||||
|
|
||||||
8.1. IN NO EVENT SHALL ANY OF INITIAL CONTRIBUTOR, ITS SUBSIDIARIES, OR AFFILIATES,
|
8.1. IN NO EVENT SHALL ANY OF INITIAL CONTRIBUTOR, ITS SUBSIDIARIES, OR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS (AS THE CASE MAY BE), HAVE ANY LIABILITY FOR ANY DIRECT DAMAGES, INDIRECT DAMAGES, PUNITIVE DAMAGES, INCIDENTAL DAMAGES, SPECIAL DAMAGES, EXEMPLARY DAMAGES, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA OR PROFITS, OR ANY OTHER LOSS ARISING OUT OF OR IN ANY WAY RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE LICENSED WORK OR ANY PART THEREOF OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) IN RELATION TO OR ARISING IN ANY WAY OUT OF THIS LICENSE OR THE USE OR DISTRIBUTION OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. THIS CLAUSE CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION THE LIMITATIONS SET FORTH IN THIS SECTION 8.1.
|
||||||
OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS
|
|
||||||
(AS THE CASE MAY BE), HAVE ANY LIABILITY FOR ANY DIRECT DAMAGES, INDIRECT
|
|
||||||
DAMAGES, PUNITIVE DAMAGES, INCIDENTAL DAMAGES, SPECIAL DAMAGES, EXEMPLARY
|
|
||||||
DAMAGES, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING
|
|
||||||
WITHOUT LIMITATION LOSS OF USE, DATA OR PROFITS, OR ANY OTHER LOSS ARISING
|
|
||||||
OUT OF OR IN ANY WAY RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE,
|
|
||||||
PERFORMANCE, OR NON-PERFORMANCE OF THE LICENSED WORK OR ANY PART THEREOF OR
|
|
||||||
THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR THAT RESULT FROM
|
|
||||||
ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER
|
|
||||||
FAILURE OF PERFORMANCE), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
|
|
||||||
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
|
|
||||||
IN RELATION TO OR ARISING IN ANY WAY OUT OF THIS LICENSE OR THE USE OR DISTRIBUTION
|
|
||||||
OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN
|
|
||||||
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
|
|
||||||
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
|
|
||||||
PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
|
|
||||||
THIS CLAUSE CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY LICENSED
|
|
||||||
WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION
|
|
||||||
THE LIMITATIONS SET FORTH IN THIS SECTION 8.1.
|
|
||||||
|
|
||||||
8.2. EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, EACH RECIPIENT SHALL NOT
|
8.2. EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, EACH RECIPIENT SHALL NOT HAVE ANY LIABILITY FOR ANY EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
|
||||||
HAVE ANY LIABILITY FOR ANY EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
|
|
||||||
WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
|
|
||||||
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
|
|
||||||
ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE LICENSED WORK OR
|
|
||||||
THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY
|
|
||||||
OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY
|
|
||||||
FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE
|
|
||||||
EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
|
|
||||||
|
|
||||||
9. GOVERNING LAW AND LEGAL ACTION.
|
9. GOVERNING LAW AND LEGAL ACTION.
|
||||||
|
|
||||||
9.1. This License shall be governed by and construed in accordance with the
|
9.1. This License shall be governed by and construed in accordance with the laws of the Governing Jurisdiction assigned in Part 3 of Exhibit A, without regard to its conflict of law provisions. No party may bring a legal action under this License more than one year after the cause of the action arose. Each party waives its rights (if any) to a jury trial in any litigation arising under this License. Note that if the Governing Jurisdiction is not assigned in Part 3 of Exhibit A, then the Governing Jurisdiction shall be the State of New York.
|
||||||
laws of the Governing Jurisdiction assigned in Part 3 of Exhibit A, without
|
|
||||||
regard to its conflict of law provisions. No party may bring a legal action
|
|
||||||
under this License more than one year after the cause of the action arose.
|
|
||||||
Each party waives its rights (if any) to a jury trial in any litigation arising
|
|
||||||
under this License. Note that if the Governing Jurisdiction is not assigned
|
|
||||||
in Part 3 of Exhibit A, then the Governing Jurisdiction shall be the State
|
|
||||||
of New York.
|
|
||||||
|
|
||||||
9.2. The courts of the Governing Jurisdiction shall have jurisdiction, but
|
9.2. The courts of the Governing Jurisdiction shall have jurisdiction, but not exclusive jurisdiction, to entertain and determine all disputes and claims, whether for specific performance, injunction, damages or otherwise, both at law and in equity, arising out of or in any way relating to this License, including without limitation, the legality, validity, existence and enforceability of this License. Each party to this License hereby irrevocably attorns to and accepts the jurisdiction of the courts of the Governing Jurisdiction for such purposes.
|
||||||
not exclusive jurisdiction, to entertain and determine all disputes and claims,
|
|
||||||
whether for specific performance, injunction, damages or otherwise, both at
|
|
||||||
law and in equity, arising out of or in any way relating to this License,
|
|
||||||
including without limitation, the legality, validity, existence and enforceability
|
|
||||||
of this License. Each party to this License hereby irrevocably attorns to
|
|
||||||
and accepts the jurisdiction of the courts of the Governing Jurisdiction for
|
|
||||||
such purposes.
|
|
||||||
|
|
||||||
9.3. Except as expressly set forth elsewhere herein, in the event of any action
|
9.3. Except as expressly set forth elsewhere herein, in the event of any action or proceeding brought by any party against another under this License the prevailing party shall be entitled to recover all costs and expenses including the fees of its attorneys in such action or proceeding in such amount as the court may adjudge reasonable.
|
||||||
or proceeding brought by any party against another under this License the
|
|
||||||
prevailing party shall be entitled to recover all costs and expenses including
|
|
||||||
the fees of its attorneys in such action or proceeding in such amount as the
|
|
||||||
court may adjudge reasonable.
|
|
||||||
|
|
||||||
10. MISCELLANEOUS.
|
10. MISCELLANEOUS.
|
||||||
|
|
||||||
10.1. The obligations imposed by this License are for the benefit of the Initial
|
10.1. The obligations imposed by this License are for the benefit of the Initial Contributor and any Recipient, and each Recipient acknowledges and agrees that the Initial Contributor and/or any other Recipient may enforce the terms and conditions of this License against any Recipient.
|
||||||
Contributor and any Recipient, and each Recipient acknowledges and agrees
|
|
||||||
that the Initial Contributor and/or any other Recipient may enforce the terms
|
|
||||||
and conditions of this License against any Recipient.
|
|
||||||
|
|
||||||
10.2. This License represents the complete agreement concerning subject matter
|
10.2. This License represents the complete agreement concerning subject matter hereof, and supersedes and cancels all previous oral and written communications, representations, agreements and understandings between the parties with respect to the subject matter hereof.
|
||||||
hereof, and supersedes and cancels all previous oral and written communications,
|
|
||||||
representations, agreements and understandings between the parties with respect
|
|
||||||
to the subject matter hereof.
|
|
||||||
|
|
||||||
10.3. The application of the United Nations Convention on Contracts for the
|
10.3. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
|
||||||
International Sale of Goods is expressly excluded.
|
|
||||||
|
|
||||||
10.4. The language in all parts of this License shall be in all cases construed
|
10.4. The language in all parts of this License shall be in all cases construed simply according to its fair meaning, and not strictly for or against any of the parties hereto. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
|
||||||
simply according to its fair meaning, and not strictly for or against any
|
|
||||||
of the parties hereto. Any law or regulation which provides that the language
|
|
||||||
of a contract shall be construed against the drafter shall not apply to this
|
|
||||||
License.
|
|
||||||
|
|
||||||
10.5. If any provision of this License is invalid or unenforceable under the
|
10.5. If any provision of this License is invalid or unenforceable under the laws of the Governing Jurisdiction, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
|
||||||
laws of the Governing Jurisdiction, it shall not affect the validity or enforceability
|
|
||||||
of the remainder of the terms of this License, and without further action
|
|
||||||
by the parties hereto, such provision shall be reformed to the minimum extent
|
|
||||||
necessary to make such provision valid and enforceable.
|
|
||||||
|
|
||||||
10.6. The paragraph headings of this License are for reference and convenience
|
10.6. The paragraph headings of this License are for reference and convenience only and are not a part of this License, and they shall have no effect upon the construction or interpretation of any part hereof.
|
||||||
only and are not a part of this License, and they shall have no effect upon
|
|
||||||
the construction or interpretation of any part hereof.
|
|
||||||
|
|
||||||
10.7. Each of the terms "including", "include" and "includes", when used in
|
10.7. Each of the terms "including", "include" and "includes", when used in this License, is not limiting whether or not non-limiting language (such as "without limitation" or "but not limited to" or words of similar import) is used with reference thereto.
|
||||||
this License, is not limiting whether or not non-limiting language (such as
|
|
||||||
"without limitation" or "but not limited to" or words of similar import) is
|
|
||||||
used with reference thereto.
|
|
||||||
|
|
||||||
10.8. The parties hereto acknowledge they have expressly required that this
|
10.8. The parties hereto acknowledge they have expressly required that this License and notices relating thereto be drafted in the English language.
|
||||||
License and notices relating thereto be drafted in the English language.
|
|
||||||
|
|
||||||
//***THE LICENSE TERMS END HERE (OTHER THAN AS SET OUT IN EXHIBIT A).***//
|
//***THE LICENSE TERMS END HERE (OTHER THAN AS SET OUT IN EXHIBIT A).***//
|
||||||
|
|
||||||
|
@ -624,176 +227,69 @@ __________________________________________________
|
||||||
|
|
||||||
[Enter URL for Designated Web Site of Initial Contributor]
|
[Enter URL for Designated Web Site of Initial Contributor]
|
||||||
|
|
||||||
NOTE: The Initial Contributor is to complete this Part 1, along with Parts
|
NOTE: The Initial Contributor is to complete this Part 1, along with Parts 2, 3, and 5, and, if applicable, Parts 4 and 6.
|
||||||
2, 3, and 5, and, if applicable, Parts 4 and 6.
|
|
||||||
|
|
||||||
PART 2: INITIAL WORK
|
PART 2: INITIAL WORK
|
||||||
|
|
||||||
The Initial Work comprises the computer program(s) distributed by the Initial
|
The Initial Work comprises the computer program(s) distributed by the Initial Contributor having the following title(s): _______________________________________________.
|
||||||
Contributor having the following title(s): _______________________________________________.
|
|
||||||
|
|
||||||
The date on which the Initial Work was first available under this License:
|
The date on which the Initial Work was first available under this License: _________________
|
||||||
_________________
|
|
||||||
|
|
||||||
PART 3: GOVERNING JURISDICTION
|
PART 3: GOVERNING JURISDICTION
|
||||||
|
|
||||||
For the purposes of this License, the Governing Jurisdiction is _________________________________________________.
|
For the purposes of this License, the Governing Jurisdiction is _________________________________________________.
[Initial Contributor to Enter Governing Jurisdiction here]
|
||||||
[Initial Contributor to Enter Governing Jurisdiction here]
|
|
||||||
|
|
||||||
PART 4: THIRD PARTIES
|
PART 4: THIRD PARTIES
|
||||||
|
|
||||||
For the purposes of this License, "Third Party" has the definition set forth
|
For the purposes of this License, "Third Party" has the definition set forth below in the ONE paragraph selected by the Initial Contributor from paragraphs A, B, C, D and E when the Initial Work is distributed or otherwise made available by the Initial Contributor. To select one of the following paragraphs, the Initial Contributor must place an "X" or "x" in the selection box alongside the one respective paragraph selected.
|
||||||
below in the ONE paragraph selected by the Initial Contributor from paragraphs
|
|
||||||
A, B, C, D and E when the Initial Work is distributed or otherwise made available
|
|
||||||
by the Initial Contributor. To select one of the following paragraphs, the
|
|
||||||
Initial Contributor must place an "X" or "x" in the selection box alongside
|
|
||||||
the one respective paragraph selected.
|
|
||||||
SELECTION
|
SELECTION
|
||||||
|
|
||||||
BOX PARAGRAPH
|
BOX PARAGRAPH
|
||||||
[ ] A. "THIRD PARTY" means any third party.
|
[ ] A. "THIRD PARTY" means any third party.
|
||||||
|
|
||||||
|
|
||||||
[ ] B. "THIRD PARTY" means any third party except for any of the following:
|
[ ] B. "THIRD PARTY" means any third party except for any of the following: (a) a wholly owned subsidiary of the Subsequent Contributor in question; (b) a legal entity (the "PARENT") that wholly owns the Subsequent Contributor in question; or (c) a wholly owned subsidiary of the wholly owned subsidiary in (a) or of the Parent in (b).
|
||||||
(a) a wholly owned subsidiary of the Subsequent Contributor in question; (b)
|
|
||||||
a legal entity (the "PARENT") that wholly owns the Subsequent Contributor
|
|
||||||
in question; or (c) a wholly owned subsidiary of the wholly owned subsidiary
|
|
||||||
in (a) or of the Parent in (b).
|
|
||||||
|
|
||||||
|
|
||||||
[ ] C. "THIRD PARTY" means any third party except for any of the following:
|
[ ] C. "THIRD PARTY" means any third party except for any of the following: (a) any Person directly or indirectly owning a majority of the voting interest in the Subsequent Contributor or (b) any Person in which the Subsequent Contributor directly or indirectly owns a majority voting interest.
|
||||||
(a) any Person directly or indirectly owning a majority of the voting interest
|
|
||||||
in the Subsequent Contributor or (b) any Person in which the Subsequent Contributor
|
|
||||||
directly or indirectly owns a majority voting interest.
|
|
||||||
|
|
||||||
|
|
||||||
[ ] D. "THIRD PARTY" means any third party except for any Person directly
|
[ ] D. "THIRD PARTY" means any third party except for any Person directly or indirectly controlled by the Subsequent Contributor. For purposes of this definition, "control" shall mean the power to direct or cause the direction of, the management and policies of such Person whether through the ownership of voting interests, by contract, or otherwise.
|
||||||
or indirectly controlled by the Subsequent Contributor. For purposes of this
|
|
||||||
definition, "control" shall mean the power to direct or cause the direction
|
|
||||||
of, the management and policies of such Person whether through the ownership
|
|
||||||
of voting interests, by contract, or otherwise.
|
|
||||||
|
|
||||||
|
|
||||||
[ ] E. "THIRD PARTY" means any third party except for any Person directly
|
[ ] E. "THIRD PARTY" means any third party except for any Person directly or indirectly controlling, controlled by, or under common control with the Subsequent Contributor. For purposes of this definition, "control" shall mean the power to direct or cause the direction of, the management and policies of such Person whether through the ownership of voting interests, by contract, or otherwise.
|
||||||
or indirectly controlling, controlled by, or under common control with the
|
The default definition of "THIRD PARTY" is the definition set forth in paragraph A, if NONE OR MORE THAN ONE of paragraphs A, B, C, D or E in this Part 4 are selected by the Initial Contributor.
|
||||||
Subsequent Contributor. For purposes of this definition, "control" shall mean
|
|
||||||
the power to direct or cause the direction of, the management and policies
|
|
||||||
of such Person whether through the ownership of voting interests, by contract,
|
|
||||||
or otherwise.
|
|
||||||
The default definition of "THIRD PARTY" is the definition set forth in paragraph
|
|
||||||
A, if NONE OR MORE THAN ONE of paragraphs A, B, C, D or E in this Part 4 are
|
|
||||||
selected by the Initial Contributor.
|
|
||||||
|
|
||||||
PART 5: NOTICE
|
PART 5: NOTICE
|
||||||
|
|
||||||
THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THE ADAPTIVE PUBLIC LICENSE
|
THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THE ADAPTIVE PUBLIC LICENSE ("LICENSE") AS FIRST COMPLETED BY: ______________________ [Insert the name of the Initial Contributor here]. ANY USE, PUBLIC DISPLAY, PUBLIC PERFORMANCE, REPRODUCTION OR DISTRIBUTION OF, OR PREPARATION OF DERIVATIVE WORKS BASED ON, THE LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE TERMS OF THE LICENSE. "LICENSED WORK" AND "RECIPIENT" ARE DEFINED IN THE LICENSE. A COPY OF THE LICENSE IS LOCATED IN THE TEXT FILE ENTITLED "LICENSE.TXT" ACCOMPANYING THE CONTENTS OF THIS FILE. IF A COPY OF THE LICENSE DOES NOT ACCOMPANY THIS FILE, A COPY OF THE LICENSE MAY ALSO BE OBTAINED AT THE FOLLOWING WEB SITE: ___________________________________________________[Insert Initial Contributor's Designated Web Site here]
|
||||||
("LICENSE") AS FIRST COMPLETED BY: ______________________ [Insert the name
|
|
||||||
of the Initial Contributor here]. ANY USE, PUBLIC DISPLAY, PUBLIC PERFORMANCE,
|
|
||||||
REPRODUCTION OR DISTRIBUTION OF, OR PREPARATION OF DERIVATIVE WORKS BASED
|
|
||||||
ON, THE LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND
|
|
||||||
ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE TERMS OF THE LICENSE. "LICENSED
|
|
||||||
WORK" AND "RECIPIENT" ARE DEFINED IN THE LICENSE. A COPY OF THE LICENSE IS
|
|
||||||
LOCATED IN THE TEXT FILE ENTITLED "LICENSE.TXT" ACCOMPANYING THE CONTENTS
|
|
||||||
OF THIS FILE. IF A COPY OF THE LICENSE DOES NOT ACCOMPANY THIS FILE, A COPY
|
|
||||||
OF THE LICENSE MAY ALSO BE OBTAINED AT THE FOLLOWING WEB SITE: ___________________________________________________[Insert
|
|
||||||
Initial Contributor's Designated Web Site here]
|
|
||||||
|
|
||||||
Software distributed under the License is distributed on an "AS IS" basis,
|
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
|
||||||
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
|
|
||||||
the specific language governing rights and limitations under the License.
|
|
||||||
|
|
||||||
PART 6: PATENT LICENSING TERMS
|
PART 6: PATENT LICENSING TERMS
|
||||||
|
|
||||||
For the purposes of this License, paragraphs A, B, C, D and E of this Part
|
For the purposes of this License, paragraphs A, B, C, D and E of this Part 6 of Exhibit A are only incorporated and form part of the terms of the License if the Initial Contributor places an "X" or "x" in the selection box alongside the YES answer to the question immediately below.
|
||||||
6 of Exhibit A are only incorporated and form part of the terms of the License
|
|
||||||
if the Initial Contributor places an "X" or "x" in the selection box alongside
|
|
||||||
the YES answer to the question immediately below.
|
|
||||||
|
|
||||||
Is this a Patents-Included License pursuant to Section 2.2 of the License?
|
Is this a Patents-Included License pursuant to Section 2.2 of the License?
|
||||||
YES [ ]
|
YES [ ]
|
||||||
NO [ ]
|
NO [ ]
|
||||||
|
|
||||||
By default, if YES is not selected by the Initial Contributor, the answer
|
By default, if YES is not selected by the Initial Contributor, the answer is NO.
|
||||||
is NO.
|
|
||||||
|
|
||||||
A. For the purposes of the paragraphs in this Part 6 of Exhibit A, "LICENSABLE"
|
A. For the purposes of the paragraphs in this Part 6 of Exhibit A, "LICENSABLE" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights granted herein.
|
||||||
means having the right to grant, to the maximum extent possible, whether at
|
|
||||||
the time of the initial grant or subsequently acquired, any and all of the
|
|
||||||
rights granted herein.
|
|
||||||
|
|
||||||
B. The Initial Contributor hereby grants all Recipients a world-wide, royalty-free,
|
B. The Initial Contributor hereby grants all Recipients a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, under patent claim(s) Licensable by the Initial Contributor that are or would be infringed by the making, using, selling, offering for sale, having made, importing, exporting, transfer or disposal of such Initial Work or any portion thereof. Notwithstanding the foregoing, no patent license is granted under this Paragraph B by the Initial Contributor: (1) for any code that the Initial Contributor deletes from the Initial Work (or any portion thereof) distributed by the Initial Contributor prior to such distribution; (2) for any Modifications made to the Initial Work (or any portion thereof) by any other Person; or (3) separate from the Initial Work (or portions thereof) distributed or made available by the Initial Contributor.
|
||||||
non-exclusive license, subject to third party intellectual property claims,
|
|
||||||
under patent claim(s) Licensable by the Initial Contributor that are or would
|
|
||||||
be infringed by the making, using, selling, offering for sale, having made,
|
|
||||||
importing, exporting, transfer or disposal of such Initial Work or any portion
|
|
||||||
thereof. Notwithstanding the foregoing, no patent license is granted under
|
|
||||||
this Paragraph B by the Initial Contributor: (1) for any code that the Initial
|
|
||||||
Contributor deletes from the Initial Work (or any portion thereof) distributed
|
|
||||||
by the Initial Contributor prior to such distribution; (2) for any Modifications
|
|
||||||
made to the Initial Work (or any portion thereof) by any other Person; or
|
|
||||||
(3) separate from the Initial Work (or portions thereof) distributed or made
|
|
||||||
available by the Initial Contributor.
|
|
||||||
|
|
||||||
C. Effective upon distribution by a Subsequent Contributor to a Third Party
|
C. Effective upon distribution by a Subsequent Contributor to a Third Party of any Modifications made by that Subsequent Contributor, such Subsequent Contributor hereby grants all Recipients a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, under patent claim(s) Licensable by such Subsequent Contributor that are or would be infringed by the making, using, selling, offering for sale, having made, importing, exporting, transfer or disposal of any such Modifications made by that Subsequent Contributor alone and/or in combination with its Subsequent Work (or portions of such combination) to make, use, sell, offer for sale, have made, import, export, transfer and otherwise dispose of:
|
||||||
of any Modifications made by that Subsequent Contributor, such Subsequent
|
(1) Modifications made by that Subsequent Contributor (or portions thereof); and
|
||||||
Contributor hereby grants all Recipients a world-wide, royalty-free, non-exclusive
|
(2) the combination of Modifications made by that Subsequent Contributor with its Subsequent Work (or portions of such combination);
|
||||||
license, subject to third party intellectual property claims, under patent
|
|
||||||
claim(s) Licensable by such Subsequent Contributor that are or would be infringed
|
|
||||||
by the making, using, selling, offering for sale, having made, importing,
|
|
||||||
exporting, transfer or disposal of any such Modifications made by that Subsequent
|
|
||||||
Contributor alone and/or in combination with its Subsequent Work (or portions
|
|
||||||
of such combination) to make, use, sell, offer for sale, have made, import,
|
|
||||||
export, transfer and otherwise dispose of:
|
|
||||||
(1) Modifications made by that Subsequent Contributor (or portions thereof);
|
|
||||||
and
|
|
||||||
(2) the combination of Modifications made by that Subsequent Contributor with
|
|
||||||
its Subsequent Work (or portions of such combination);
|
|
||||||
(collectively and in each case, the "SUBSEQUENT CONTRIBUTOR VERSION").
|
(collectively and in each case, the "SUBSEQUENT CONTRIBUTOR VERSION").
|
||||||
Notwithstanding the foregoing, no patent license is granted under this Paragraph
|
Notwithstanding the foregoing, no patent license is granted under this Paragraph C by such Subsequent Contributor: (1) for any code that such Subsequent Contributor deletes from the Subsequent Contributor Version (or any portion thereof) distributed by the Subsequent Contributor prior to such distribution; (2) for any Modifications made to the Subsequent Contributor Version (or any portion thereof) by any other Person; or (3) separate from the Subsequent Contributor Version (or portions thereof) distributed or made available by the Subsequent Contributor.
|
||||||
C by such Subsequent Contributor: (1) for any code that such Subsequent Contributor
|
|
||||||
deletes from the Subsequent Contributor Version (or any portion thereof) distributed
|
|
||||||
by the Subsequent Contributor prior to such distribution; (2) for any Modifications
|
|
||||||
made to the Subsequent Contributor Version (or any portion thereof) by any
|
|
||||||
other Person; or (3) separate from the Subsequent Contributor Version (or
|
|
||||||
portions thereof) distributed or made available by the Subsequent Contributor.
|
|
||||||
|
|
||||||
D. Effective upon distribution of any Licensed Work by a Distributor to a
|
D. Effective upon distribution of any Licensed Work by a Distributor to a Third Party, such Distributor hereby grants all Recipients a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, under patent claim(s) Licensable by such Distributor that are or would be infringed by the making, using, selling, offering for sale, having made, importing, exporting, transfer or disposal of any such Licensed Work distributed by such Distributor, to make, use, sell, offer for sale, have made, import, export, transfer and otherwise dispose of such Licensed Work or portions thereof (collectively and in each case, the "DISTRIBUTOR VERSION"). Notwithstanding the foregoing, no patent license is granted under this Paragraph D by such Distributor: (1) for any code that such Distributor deletes from the Distributor Version (or any portion thereof) distributed by the Distributor prior to such distribution; (2) for any Modifications made to the Distributor Version (or any portion thereof) by any other Person; or (3) separate from the Distributor Version (or portions thereof) distributed or made available by the Distributor.
|
||||||
Third Party, such Distributor hereby grants all Recipients a world-wide, royalty-free,
|
|
||||||
non-exclusive license, subject to third party intellectual property claims,
|
|
||||||
under patent claim(s) Licensable by such Distributor that are or would be
|
|
||||||
infringed by the making, using, selling, offering for sale, having made, importing,
|
|
||||||
exporting, transfer or disposal of any such Licensed Work distributed by such
|
|
||||||
Distributor, to make, use, sell, offer for sale, have made, import, export,
|
|
||||||
transfer and otherwise dispose of such Licensed Work or portions thereof (collectively
|
|
||||||
and in each case, the "DISTRIBUTOR VERSION"). Notwithstanding the foregoing,
|
|
||||||
no patent license is granted under this Paragraph D by such Distributor: (1)
|
|
||||||
for any code that such Distributor deletes from the Distributor Version (or
|
|
||||||
any portion thereof) distributed by the Distributor prior to such distribution;
|
|
||||||
(2) for any Modifications made to the Distributor Version (or any portion
|
|
||||||
thereof) by any other Person; or (3) separate from the Distributor Version
|
|
||||||
(or portions thereof) distributed or made available by the Distributor.
|
|
||||||
|
|
||||||
E. If Recipient institutes patent litigation against another Recipient (a
|
E. If Recipient institutes patent litigation against another Recipient (a "USER") with respect to a patent applicable to a computer program or software (including a cross-claim or counterclaim in a lawsuit, and whether or not any of the patent claims are directed to a system, method, process, apparatus, device, product, article of manufacture or any other form of patent claim), then any patent or copyright license granted by that User to such Recipient under this License or any other copy of this License shall terminate. The termination shall be effective ninety (90) days after notice of termination from User to Recipient, unless the Recipient withdraws the patent litigation claim before the end of the ninety (90) day period. To be effective, any such notice of license termination must include a specific list of applicable patents and/or a copy of the copyrighted work of User that User alleges will be infringed by Recipient upon License termination. License termination is only effective with respect to patents and/or copyrights for which proper notice has been given.
|
||||||
"USER") with respect to a patent applicable to a computer program or software
|
|
||||||
(including a cross-claim or counterclaim in a lawsuit, and whether or not
|
|
||||||
any of the patent claims are directed to a system, method, process, apparatus,
|
|
||||||
device, product, article of manufacture or any other form of patent claim),
|
|
||||||
then any patent or copyright license granted by that User to such Recipient
|
|
||||||
under this License or any other copy of this License shall terminate. The
|
|
||||||
termination shall be effective ninety (90) days after notice of termination
|
|
||||||
from User to Recipient, unless the Recipient withdraws the patent litigation
|
|
||||||
claim before the end of the ninety (90) day period. To be effective, any such
|
|
||||||
notice of license termination must include a specific list of applicable patents
|
|
||||||
and/or a copy of the copyrighted work of User that User alleges will be infringed
|
|
||||||
by Recipient upon License termination. License termination is only effective
|
|
||||||
with respect to patents and/or copyrights for which proper notice has been
|
|
||||||
given.
|
|
||||||
|
|
||||||
PART 7: SAMPLE REQUIREMENTS FOR THE DESCRIPTION OF DISTRIBUTED MODIFICATIONS
|
PART 7: SAMPLE REQUIREMENTS FOR THE DESCRIPTION OF DISTRIBUTED MODIFICATIONS
|
||||||
|
|
||||||
Each Subsequent Contributor (including the Initial Contributor where the Initial
|
Each Subsequent Contributor (including the Initial Contributor where the Initial Contributor qualifies as a Subsequent Contributor) is invited (but not required) to cause each Subsequent Work created or contributed to by that Subsequent Contributor to contain a file documenting the changes such Subsequent Contributor made to create that Subsequent Work and the date of any change. //***EXHIBIT A ENDS HERE.***//
|
||||||
Contributor qualifies as a Subsequent Contributor) is invited (but not required)
|
|
||||||
to cause each Subsequent Work created or contributed to by that Subsequent
|
|
||||||
Contributor to contain a file documenting the changes such Subsequent Contributor
|
|
||||||
made to create that Subsequent Work and the date of any change. //***EXHIBIT
|
|
||||||
A ENDS HERE.***//
|
|
||||||
|
|
|
@ -1,326 +1,109 @@
|
||||||
APPLE PUBLIC SOURCE LICENSE
|
APPLE PUBLIC SOURCE LICENSE
|
||||||
Version 1.0 - March 16, 1999
|
Version 1.0 - March 16, 1999
|
||||||
|
|
||||||
Please read this License carefully before downloading this software. By downloading
|
Please read this License carefully before downloading this software. By downloading and using this software, you are agreeing to be bound by the terms of this License. If you do not or cannot agree to the terms of this License, please do not download or use the software.
|
||||||
and using this software, you are agreeing to be bound by the terms of this
|
|
||||||
License. If you do not or cannot agree to the terms of this License, please
|
|
||||||
do not download or use the software.
|
|
||||||
|
|
||||||
1. General; Definitions. This License applies to any program or other work
|
1. General; Definitions. This License applies to any program or other work which Apple Computer, Inc. ("Apple") publicly announces as subject to this Apple Public Source License and which contains a notice placed by Apple identifying such program or work as "Original Code" and stating that it is subject to the terms of this Apple Public Source License version 1.0 (or subsequent version thereof), as it may be revised from time to time by Apple ("License"). As used in this License:
|
||||||
which Apple Computer, Inc. ("Apple") publicly announces as subject to this
|
|
||||||
Apple Public Source License and which contains a notice placed by Apple identifying
|
|
||||||
such program or work as "Original Code" and stating that it is subject to
|
|
||||||
the terms of this Apple Public Source License version 1.0 (or subsequent version
|
|
||||||
thereof), as it may be revised from time to time by Apple ("License"). As
|
|
||||||
used in this License:
|
|
||||||
|
|
||||||
1.1 "Applicable Patents" mean: (a) in the case where Apple is the grantor
|
1.1 "Applicable Patents" mean: (a) in the case where Apple is the grantor of rights, (i) patents or patent applications that are now or hereafter acquired, owned by or assigned to Apple and (ii) whose claims cover subject matter contained in the Original Code, but only to the extent necessary to use, reproduce and/or distribute the Original Code without infringement; and (b) in the case where You are the grantor of rights, (i) patents and patent applications that are now or hereafter acquired, owned by or assigned to You and (ii) whose claims cover subject matter in Your Modifications, taken alone or in combination with Original Code.
|
||||||
of rights, (i) patents or patent applications that are now or hereafter acquired,
|
|
||||||
owned by or assigned to Apple and (ii) whose claims cover subject matter contained
|
|
||||||
in the Original Code, but only to the extent necessary to use, reproduce and/or
|
|
||||||
distribute the Original Code without infringement; and (b) in the case where
|
|
||||||
You are the grantor of rights, (i) patents and patent applications that are
|
|
||||||
now or hereafter acquired, owned by or assigned to You and (ii) whose claims
|
|
||||||
cover subject matter in Your Modifications, taken alone or in combination
|
|
||||||
with Original Code.
|
|
||||||
|
|
||||||
1.2 "Covered Code" means the Original Code, Modifications, the combination
|
1.2 "Covered Code" means the Original Code, Modifications, the combination of Original Code and any Modifications, and/or any respective portions thereof.
|
||||||
of Original Code and any Modifications, and/or any respective portions thereof.
|
|
||||||
|
|
||||||
1.3 "Deploy" means to use, sublicense or distribute Covered Code other than
|
1.3 "Deploy" means to use, sublicense or distribute Covered Code other than for Your internal research and development (R&D), and includes without limitation, any and all internal use or distribution of Covered Code within Your business or organization except for R&D use, as well as direct or indirect sublicensing or distribution of Covered Code by You to any third party in any form or manner.
|
||||||
for Your internal research and development (R&D), and includes without limitation,
|
|
||||||
any and all internal use or distribution of Covered Code within Your business
|
|
||||||
or organization except for R&D use, as well as direct or indirect sublicensing
|
|
||||||
or distribution of Covered Code by You to any third party in any form or manner.
|
|
||||||
|
|
||||||
1.4 "Larger Work" means a work which combines Covered Code or portions thereof
|
1.4 "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
|
||||||
with code not governed by the terms of this License.
|
|
||||||
|
|
||||||
1.5 "Modifications" mean any addition to, deletion from, and/or change to,
|
1.5 "Modifications" mean any addition to, deletion from, and/or change to, the substance and/or structure of Covered Code. When code is released as a series of files, a Modification is: (a) any addition to or deletion from the contents of a file containing Covered Code; and/or (b) any new file or other representation of computer program statements that contains any part of Covered Code.
|
||||||
the substance and/or structure of Covered Code. When code is released as a
|
|
||||||
series of files, a Modification is: (a) any addition to or deletion from the
|
|
||||||
contents of a file containing Covered Code; and/or (b) any new file or other
|
|
||||||
representation of computer program statements that contains any part of Covered
|
|
||||||
Code.
|
|
||||||
|
|
||||||
1.6 "Original Code" means the Source Code of a program or other work as originally
|
1.6 "Original Code" means the Source Code of a program or other work as originally made available by Apple under this License, including the Source Code of any updates or upgrades to such programs or works made available by Apple under this License, and that has been expressly identified by Apple as such in the header file(s) of such work.
|
||||||
made available by Apple under this License, including the Source Code of any
|
|
||||||
updates or upgrades to such programs or works made available by Apple under
|
|
||||||
this License, and that has been expressly identified by Apple as such in the
|
|
||||||
header file(s) of such work.
|
|
||||||
|
|
||||||
1.7 "Source Code" means the human readable form of a program or other work
|
1.7 "Source Code" means the human readable form of a program or other work that is suitable for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an executable (object code).
|
||||||
that is suitable for making modifications to it, including all modules it
|
|
||||||
contains, plus any associated interface definition files, scripts used to
|
|
||||||
control compilation and installation of an executable (object code).
|
|
||||||
|
|
||||||
1.8 "You" or "Your" means an individual or a legal entity exercising rights
|
1.8 "You" or "Your" means an individual or a legal entity exercising rights under this License. For legal entities, "You" or "Your" includes any entity which controls, is controlled by, or is under common control with, You, where "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
|
||||||
under this License. For legal entities, "You" or "Your" includes any entity
|
|
||||||
which controls, is controlled by, or is under common control with, You, where
|
|
||||||
"control" means (a) the power, direct or indirect, to cause the direction
|
|
||||||
or management of such entity, whether by contract or otherwise, or (b) ownership
|
|
||||||
of fifty percent (50%) or more of the outstanding shares or beneficial ownership
|
|
||||||
of such entity.
|
|
||||||
|
|
||||||
2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions
|
2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions of this License, Apple hereby grants You, effective on the date You accept this License and download the Original Code, a world-wide, royalty-free, non-exclusive license, to the extent of Apple's Applicable Patents and copyrights covering the Original Code, to do the following:
|
||||||
of this License, Apple hereby grants You, effective on the date You accept
|
|
||||||
this License and download the Original Code, a world-wide, royalty-free, non-exclusive
|
|
||||||
license, to the extent of Apple's Applicable Patents and copyrights covering
|
|
||||||
the Original Code, to do the following:
|
|
||||||
|
|
||||||
2.1 You may use, copy, modify and distribute Original Code, with or without
|
2.1 You may use, copy, modify and distribute Original Code, with or without Modifications, solely for Your internal research and development, provided that You must in each instance:
|
||||||
Modifications, solely for Your internal research and development, provided
|
|
||||||
that You must in each instance:
|
|
||||||
|
|
||||||
(a) retain and reproduce in all copies of Original Code the copyright and
|
(a) retain and reproduce in all copies of Original Code the copyright and other proprietary notices and disclaimers of Apple as they appear in the Original Code, and keep intact all notices in the Original Code that refer to this License;
|
||||||
other proprietary notices and disclaimers of Apple as they appear in the Original
|
|
||||||
Code, and keep intact all notices in the Original Code that refer to this
|
|
||||||
License;
|
|
||||||
|
|
||||||
(b) include a copy of this License with every copy of Source Code of Covered
|
(b) include a copy of this License with every copy of Source Code of Covered Code and documentation You distribute, and You may not offer or impose any terms on such Source Code that alter or restrict this License or the recipients' rights hereunder, except as permitted under Section 6; and
|
||||||
Code and documentation You distribute, and You may not offer or impose any
|
|
||||||
terms on such Source Code that alter or restrict this License or the recipients'
|
|
||||||
rights hereunder, except as permitted under Section 6; and
|
|
||||||
|
|
||||||
(c) completely and accurately document all Modifications that you have made
|
(c) completely and accurately document all Modifications that you have made and the date of each such Modification, designate the version of the Original Code you used, prominently include a file carrying such information with the Modifications, and duplicate the notice in Exhibit A in each file of the Source Code of all such Modifications.
|
||||||
and the date of each such Modification, designate the version of the Original
|
|
||||||
Code you used, prominently include a file carrying such information with the
|
|
||||||
Modifications, and duplicate the notice in Exhibit A in each file of the Source
|
|
||||||
Code of all such Modifications.
|
|
||||||
|
|
||||||
2.2 You may Deploy Covered Code, provided that You must in each instance:
|
2.2 You may Deploy Covered Code, provided that You must in each instance:
|
||||||
|
|
||||||
(a) satisfy all the conditions of Section 2.1 with respect to the Source Code
|
(a) satisfy all the conditions of Section 2.1 with respect to the Source Code of the Covered Code;
|
||||||
of the Covered Code;
|
|
||||||
|
|
||||||
(b) make all Your Deployed Modifications publicly available in Source Code
|
(b) make all Your Deployed Modifications publicly available in Source Code form via electronic distribution (e.g. download from a web site) under the terms of this License and subject to the license grants set forth in Section 3 below, and any additional terms You may choose to offer under Section 6. You must continue to make the Source Code of Your Deployed Modifications available for as long as you Deploy the Covered Code or twelve (12) months from the date of initial Deployment, whichever is longer;
|
||||||
form via electronic distribution (e.g. download from a web site) under the
|
|
||||||
terms of this License and subject to the license grants set forth in Section
|
|
||||||
3 below, and any additional terms You may choose to offer under Section 6.
|
|
||||||
You must continue to make the Source Code of Your Deployed Modifications available
|
|
||||||
for as long as you Deploy the Covered Code or twelve (12) months from the
|
|
||||||
date of initial Deployment, whichever is longer;
|
|
||||||
|
|
||||||
(c) must notify Apple and other third parties of how to obtain Your Deployed
|
(c) must notify Apple and other third parties of how to obtain Your Deployed Modifications by filling out and submitting the required information found at http://www.apple.com/publicsource/modifications.html; and
|
||||||
Modifications by filling out and submitting the required information found
|
|
||||||
at http://www.apple.com/publicsource/modifications.html; and
|
|
||||||
|
|
||||||
(d) if you Deploy Covered Code in object code, executable form only, include
|
(d) if you Deploy Covered Code in object code, executable form only, include a prominent notice, in the code itself as well as in related documentation, stating that Source Code of the Covered Code is available under the terms of this License with information on how and where to obtain such Source Code.
|
||||||
a prominent notice, in the code itself as well as in related documentation,
|
|
||||||
stating that Source Code of the Covered Code is available under the terms
|
|
||||||
of this License with information on how and where to obtain such Source Code.
|
|
||||||
|
|
||||||
3. Your Grants. In consideration of, and as a condition to, the licenses granted
|
3. Your Grants. In consideration of, and as a condition to, the licenses granted to You under this License:
|
||||||
to You under this License:
|
|
||||||
|
|
||||||
(a) You hereby grant to Apple and all third parties a non-exclusive, royalty-free
|
(a) You hereby grant to Apple and all third parties a non-exclusive, royalty-free license, under Your Applicable Patents and other intellectual property rights owned or controlled by You, to use, reproduce, modify, distribute and Deploy Your Modifications of the same scope and extent as Apple's licenses under Sections 2.1 and 2.2; and
|
||||||
license, under Your Applicable Patents and other intellectual property rights
|
|
||||||
owned or controlled by You, to use, reproduce, modify, distribute and Deploy
|
|
||||||
Your Modifications of the same scope and extent as Apple's licenses under
|
|
||||||
Sections 2.1 and 2.2; and
|
|
||||||
|
|
||||||
(b) You hereby grant to Apple and its subsidiaries a non-exclusive, worldwide,
|
(b) You hereby grant to Apple and its subsidiaries a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license, under Your Applicable Patents and other intellectual property rights owned or controlled by You, to use, reproduce, execute, compile, display, perform, modify or have modified (for Apple and/or its subsidiaries), sublicense and distribute Your Modifications, in any form, through multiple tiers of distribution.
|
||||||
royalty-free, perpetual and irrevocable license, under Your Applicable Patents
|
|
||||||
and other intellectual property rights owned or controlled by You, to use,
|
|
||||||
reproduce, execute, compile, display, perform, modify or have modified (for
|
|
||||||
Apple and/or its subsidiaries), sublicense and distribute Your Modifications,
|
|
||||||
in any form, through multiple tiers of distribution.
|
|
||||||
|
|
||||||
4. Larger Works. You may create a Larger Work by combining Covered Code with
|
4. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In each such instance, You must make sure the requirements of this License are fulfilled for the Covered Code or any portion thereof.
|
||||||
other code not governed by the terms of this License and distribute the Larger
|
|
||||||
Work as a single product. In each such instance, You must make sure the requirements
|
|
||||||
of this License are fulfilled for the Covered Code or any portion thereof.
|
|
||||||
|
|
||||||
5. Limitations on Patent License. Except as expressly stated in Section 2,
|
5. Limitations on Patent License. Except as expressly stated in Section 2, no other patent rights, express or implied, are granted by Apple herein. Modifications and/or Larger Works may require additional patent licenses from Apple which Apple may grant in its sole discretion.
|
||||||
no other patent rights, express or implied, are granted by Apple herein. Modifications
|
|
||||||
and/or Larger Works may require additional patent licenses from Apple which
|
|
||||||
Apple may grant in its sole discretion.
|
|
||||||
|
|
||||||
6. Additional Terms. You may choose to offer, and to charge a fee for, warranty,
|
6. Additional Terms. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations and/or other rights consistent with the scope of the license granted herein ("Additional Terms") to one or more recipients of Covered Code. However, You may do so only on Your own behalf and as Your sole responsibility, and not on behalf of Apple. You must obtain the recipient's agreement that any such Additional Terms are offered by You alone, and You hereby agree to indemnify, defend and hold Apple harmless for any liability incurred by or claims asserted against Apple by reason of any such Additional Terms.
|
||||||
support, indemnity or liability obligations and/or other rights consistent
|
|
||||||
with the scope of the license granted herein ("Additional Terms") to one or
|
|
||||||
more recipients of Covered Code. However, You may do so only on Your own behalf
|
|
||||||
and as Your sole responsibility, and not on behalf of Apple. You must obtain
|
|
||||||
the recipient's agreement that any such Additional Terms are offered by You
|
|
||||||
alone, and You hereby agree to indemnify, defend and hold Apple harmless for
|
|
||||||
any liability incurred by or claims asserted against Apple by reason of any
|
|
||||||
such Additional Terms.
|
|
||||||
|
|
||||||
7. Versions of the License. Apple may publish revised and/or new versions
|
7. Versions of the License. Apple may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Once Original Code has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Original Code under the terms of any subsequent version of this License published by Apple. No one other than Apple has the right to modify the terms applicable to Covered Code created under this License.
|
||||||
of this License from time to time. Each version will be given a distinguishing
|
|
||||||
version number. Once Original Code has been published under a particular version
|
|
||||||
of this License, You may continue to use it under the terms of that version.
|
|
||||||
You may also choose to use such Original Code under the terms of any subsequent
|
|
||||||
version of this License published by Apple. No one other than Apple has the
|
|
||||||
right to modify the terms applicable to Covered Code created under this License.
|
|
||||||
|
|
||||||
8. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or in part
|
8. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or in part pre-release, untested, or not fully tested works. The Original Code may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Original Code, or any portion thereof, is at Your sole and entire risk. THE ORIGINAL CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS 8 AND 9, APPLE AND APPLE'S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS "APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ORIGINAL CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. You acknowledge that the Original Code is not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, or air traffic control machines in which case the failure of the Original Code could lead to death, personal injury, or severe physical or environmental damage.
|
||||||
pre-release, untested, or not fully tested works. The Original Code may contain
|
|
||||||
errors that could cause failures or loss of data, and may be incomplete or
|
|
||||||
contain inaccuracies. You expressly acknowledge and agree that use of the
|
|
||||||
Original Code, or any portion thereof, is at Your sole and entire risk. THE
|
|
||||||
ORIGINAL CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT
|
|
||||||
OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS
|
|
||||||
8 AND 9, APPLE AND APPLE'S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS "APPLE")
|
|
||||||
EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
|
|
||||||
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY
|
|
||||||
OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
|
|
||||||
OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
|
|
||||||
IN THE ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF
|
|
||||||
THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN
|
|
||||||
THE ORIGINAL CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE
|
|
||||||
GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY
|
|
||||||
OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. You acknowledge that the
|
|
||||||
Original Code is not intended for use in the operation of nuclear facilities,
|
|
||||||
aircraft navigation, communication systems, or air traffic control machines
|
|
||||||
in which case the failure of the Original Code could lead to death, personal
|
|
||||||
injury, or severe physical or environmental damage.
|
|
||||||
|
|
||||||
9. Liability.
|
9. Liability.
|
||||||
|
|
||||||
9.1 Infringement. If any of the Original Code becomes the subject ofa claim
|
9.1 Infringement. If any of the Original Code becomes the subject ofa claim of infringement ("Affected Original Code"), Apple may, at its sole discretion and option: (a) attempt to procure the rights necessary for You to continue using the Affected Original Code; (b) modify the Affected Original Code so that it is no longer infringing; or (c) terminate Your rights to use the Affected Original Code, effective immediately upon Apple's posting of a notice to such effect on the Apple web site that is used for implementation of this License.
|
||||||
of infringement ("Affected Original Code"), Apple may, at its sole discretion
|
|
||||||
and option: (a) attempt to procure the rights necessary for You to continue
|
|
||||||
using the Affected Original Code; (b) modify the Affected Original Code so
|
|
||||||
that it is no longer infringing; or (c) terminate Your rights to use the Affected
|
|
||||||
Original Code, effective immediately upon Apple's posting of a notice to such
|
|
||||||
effect on the Apple web site that is used for implementation of this License.
|
|
||||||
|
|
||||||
9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE LIABLE
|
9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Apple's total liability to You for all damages under this License exceed the amount of fifty dollars ($50.00).
|
||||||
FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT
|
|
||||||
OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE ORIGINAL
|
|
||||||
CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY,
|
|
||||||
TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE
|
|
||||||
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE
|
|
||||||
FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Apple's total
|
|
||||||
liability to You for all damages under this License exceed the amount of fifty
|
|
||||||
dollars ($50.00).
|
|
||||||
|
|
||||||
10. Trademarks. This License does not grant any rights to use the trademarks
|
10. Trademarks. This License does not grant any rights to use the trademarks or trade names "Apple", "Apple Computer", "Mac OS X", "Mac OS X Server" or any other trademarks or trade names belonging to Apple (collectively "Apple Marks") and no Apple Marks may be used to endorse or promote products derived from the Original Code
|
||||||
or trade names "Apple", "Apple Computer", "Mac OS X", "Mac OS X Server" or
|
other than as permitted by and in strict compliance at all times with Apple's third party trademark usage guidelines which are posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
|
||||||
any other trademarks or trade names belonging to Apple (collectively "Apple
|
|
||||||
Marks") and no Apple Marks may be used to endorse or promote products derived
|
|
||||||
from the Original Code
|
|
||||||
other than as permitted by and in strict compliance at all times with Apple's
|
|
||||||
third party trademark usage guidelines which are posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
|
|
||||||
|
|
||||||
11. Ownership. Apple retains all rights, title and interest in and to the
|
11. Ownership. Apple retains all rights, title and interest in and to the Original Code and any Modifications made by or on behalf of Apple ("Apple Modifications"), and such Apple Modifications will not be automatically subject to this License. Apple may, at its sole discretion, choose to license such Apple Modifications under this License, or on different terms from those contained in this License or may choose not to license them at all. Apple's development, use, reproduction, modification, sublicensing and distribution of Covered Code will not be subject to this License.
|
||||||
Original Code and any Modifications made by or on behalf of Apple ("Apple
|
|
||||||
Modifications"), and such Apple Modifications will not be automatically subject
|
|
||||||
to this License. Apple may, at its sole discretion, choose to license such
|
|
||||||
Apple Modifications under this License, or on different terms from those contained
|
|
||||||
in this License or may choose not to license them at all. Apple's development,
|
|
||||||
use, reproduction, modification, sublicensing and distribution of Covered
|
|
||||||
Code will not be subject to this License.
|
|
||||||
|
|
||||||
12. Termination.
|
12. Termination.
|
||||||
|
|
||||||
12.1 Termination. This License and the rights granted hereunder will terminate:
|
12.1 Termination. This License and the rights granted hereunder will terminate:
|
||||||
|
|
||||||
(a) automatically without notice from Apple if You fail to comply with any
|
(a) automatically without notice from Apple if You fail to comply with any term(s) of this License and fail to cure such breach within 30 days of becoming aware of such breach;
|
||||||
term(s) of this License and fail to cure such breach within 30 days of becoming
|
|
||||||
aware of such breach;
|
|
||||||
|
|
||||||
(b) immediately in the event of the circumstances described in Sections 9.1
|
(b) immediately in the event of the circumstances described in Sections 9.1 and/or 13.6(b); or
|
||||||
and/or 13.6(b); or
|
|
||||||
|
|
||||||
(c) automatically without notice from Apple if You, at any time during the
|
(c) automatically without notice from Apple if You, at any time during the term of this License, commence an action for patent infringement against Apple.
|
||||||
term of this License, commence an action for patent infringement against Apple.
|
|
||||||
|
|
||||||
12.2 Effect of Termination. Upon termination, You agree to immediately stop
|
12.2 Effect of Termination. Upon termination, You agree to immediately stop any further use, reproduction, modification and distribution of the Covered Code, or Affected Original Code in the case of termination under Section 9.1, and to destroy all copies of the Covered Code or Affected Original Code (in the case of
|
||||||
any further use, reproduction, modification and distribution of the Covered
|
termination under Section 9.1) that are in your possession or control. All sublicenses to the Covered Code which have been properly granted prior to termination shall survive any termination of this License. Provisions which, by their nature, should remain in effect beyond the termination of this License shall survive, including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. Neither party will be liable to the other for compensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy of either party.
|
||||||
Code, or Affected Original Code in the case of termination under Section 9.1,
|
|
||||||
and to destroy all copies of the Covered Code or Affected Original Code (in
|
|
||||||
the case of
|
|
||||||
termination under Section 9.1) that are in your possession or control. All
|
|
||||||
sublicenses to the Covered Code which have been properly granted prior to
|
|
||||||
termination shall survive any termination of this License. Provisions which,
|
|
||||||
by their nature, should remain in effect beyond the termination of this License
|
|
||||||
shall survive, including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2
|
|
||||||
and 13. Neither party will be liable to the other for compensation, indemnity
|
|
||||||
or damages of any sort solely as a result of terminating this License in accordance
|
|
||||||
with its terms, and termination of this License will be without prejudice
|
|
||||||
to any other right or remedy of either party.
|
|
||||||
|
|
||||||
13. Miscellaneous.
|
13. Miscellaneous.
|
||||||
|
|
||||||
13.1 Export Law Assurances. You may not use or otherwise export or re-export
|
13.1 Export Law Assurances. You may not use or otherwise export or re-export the Original Code except as authorized by United States law and the laws of the jurisdiction in which the Original Code was obtained. In particular, but without limitation, the Original Code may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed country or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Original Code, You represent and warrant that You are not located in, under control of, or a national or resident of any such country or on any such list.
|
||||||
the Original Code except as authorized by United States law and the laws of
|
|
||||||
the jurisdiction in which the Original Code was obtained. In particular, but
|
|
||||||
without limitation, the Original Code may not be exported or re-exported (a)
|
|
||||||
into (or to a national or resident of) any U.S. embargoed country or (b) to
|
|
||||||
anyone on the U.S. Treasury Department's list of Specially Designated Nationals
|
|
||||||
or the U.S. Department of Commerce's Table of Denial Orders. By using the
|
|
||||||
Original Code, You represent and warrant that You are not located in, under
|
|
||||||
control of, or a national or resident of any such country or on any such list.
|
|
||||||
|
|
||||||
13.2 Government End Users. The Covered Code is a "commercial item" as defined
|
13.2 Government End Users. The Covered Code is a "commercial item" as defined in FAR 2.101. Government software and technical data rights in the Covered Code include only those rights customarily provided to the public as defined in this License. This customary commercial license in technical data and software is provided in
|
||||||
in FAR 2.101. Government software and technical data rights in the Covered
|
accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
|
||||||
Code include only those rights customarily provided to the public as defined
|
|
||||||
in this License. This customary commercial license in technical data and software
|
|
||||||
is provided in
|
|
||||||
accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software)
|
|
||||||
and, for Department of Defense purchases, DFAR 252.227-7015 (Technical Data
|
|
||||||
-- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software
|
|
||||||
or Computer Software Documentation). Accordingly, all U.S. Government End
|
|
||||||
Users acquire Covered Code with only those rights set forth herein.
|
|
||||||
|
|
||||||
13.3 Relationship of Parties. This License will not be construed as creating
|
13.3 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between You and Apple, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise.
|
||||||
an agency, partnership, joint venture or any other form of legal association
|
|
||||||
between You and Apple, and You will not represent to the contrary, whether
|
|
||||||
expressly, by implication, appearance or otherwise.
|
|
||||||
|
|
||||||
13.4 Independent Development. Nothing in this License will impair Apple's
|
13.4 Independent Development. Nothing in this License will impair Apple's right to acquire, license, develop, have others develop for it, market and/or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Modifications, Larger Works, technology or products that You may develop, produce, market or distribute.
|
||||||
right to acquire, license, develop, have others develop for it, market and/or
|
|
||||||
distribute technology or products that perform the same or similar functions
|
|
||||||
as, or otherwise compete with, Modifications, Larger Works, technology or
|
|
||||||
products that You may develop, produce, market or distribute.
|
|
||||||
|
|
||||||
13.5 Waiver; Construction. Failure by Apple to enforce any provision of this
|
13.5 Waiver; Construction. Failure by Apple to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this License.
|
||||||
License will not be deemed a waiver of future enforcement of that or any other
|
|
||||||
provision. Any law or regulation which provides that the language of a contract
|
|
||||||
shall be construed against the drafter will not apply to this License.
|
|
||||||
|
|
||||||
13.6 Severability. (a) If for any reason a court of competent jurisdiction
|
13.6 Severability. (a) If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and effect. (b) Notwithstanding the foregoing, if applicable law prohibits or restricts You from fully and/or specifically complying with Sections 2 and/or 3 or prevents the enforceability of either of those Sections, this License will immediately terminate and You must immediately discontinue any use of the Covered Code and destroy all copies of it that are in your possession or control.
|
||||||
finds any provision of this License, or portion thereof, to be unenforceable,
|
|
||||||
that provision of the License will be enforced to the maximum extent permissible
|
|
||||||
so as to effect the economic benefits and intent of the parties, and the remainder
|
|
||||||
of this License will continue in full force and effect. (b) Notwithstanding
|
|
||||||
the foregoing, if applicable law prohibits or restricts You from fully and/or
|
|
||||||
specifically complying with Sections 2 and/or 3 or prevents the enforceability
|
|
||||||
of either of those Sections, this License will immediately terminate and You
|
|
||||||
must immediately discontinue any use of the Covered Code and destroy all copies
|
|
||||||
of it that are in your possession or control.
|
|
||||||
|
|
||||||
13.7 Dispute Resolution. Any litigation or other dispute resolution between
|
13.7 Dispute Resolution. Any litigation or other dispute resolution between You and Apple relating to this License shall take place in the Northern District of California, and You and Apple hereby consent to the personal jurisdiction of, and venue in, the state and federal courts within that District with respect to this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
|
||||||
You and Apple relating to this License shall take place in the Northern District
|
|
||||||
of California, and You and Apple hereby consent to the personal jurisdiction
|
|
||||||
of, and venue in, the state and federal courts within that District with respect
|
|
||||||
to this License. The application of the United Nations Convention on Contracts
|
|
||||||
for the International Sale of Goods is expressly excluded.
|
|
||||||
|
|
||||||
13.8 Entire Agreement; Governing Law. This License constitutes the entire
|
13.8 Entire Agreement; Governing Law. This License constitutes the entire agreement between the parties with respect to the subject matter hereof. This License shall be governed by the laws of the United States and the State of California, except that body of California law concerning conflicts of law.
|
||||||
agreement between the parties with respect to the subject matter hereof. This
|
|
||||||
License shall be governed by the laws of the United States and the State of
|
|
||||||
California, except that body of California law concerning conflicts of law.
|
|
||||||
|
|
||||||
Where You are located in the province of Quebec, Canada, the following clause
|
Where You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this License and all related documents be drafted in English. Les parties ont exige que le present contrat et tous les documents connexes soient rediges en anglais.
|
||||||
applies: The parties hereby confirm that they have requested that this License
|
|
||||||
and all related documents be drafted in English. Les parties ont exige que
|
|
||||||
le present contrat et tous les documents connexes soient rediges en anglais.
|
|
||||||
|
|
||||||
EXHIBIT A.
|
EXHIBIT A.
|
||||||
|
|
||||||
"Portions Copyright (c) 1999 Apple Computer, Inc. All Rights Reserved. This
|
"Portions Copyright (c) 1999 Apple Computer, Inc. All Rights Reserved. This file contains Original Code and/or Modifications of Original Code as defined in and that are subject to the Apple Public Source License Version 1.0 (the 'License'). You may not use this file except in compliance with the License. Please obtain a copy of the License at http://www.apple.com/publicsource and read it before using this file.
|
||||||
file contains Original Code and/or Modifications of Original Code as defined
|
|
||||||
in and that are subject to the Apple Public Source License Version 1.0 (the
|
|
||||||
'License'). You may not use this file except in compliance with the License.
|
|
||||||
Please obtain a copy of the License at http://www.apple.com/publicsource and
|
|
||||||
read it before using this file.
|
|
||||||
|
|
||||||
The Original Code and all software distributed under the License are distributed
|
The Original Code and all software distributed under the License are distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please see the License for the specific language governing rights and limitations under the License."
|
||||||
on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
|
|
||||||
AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
|
|
||||||
ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
|
|
||||||
Please see the License for the specific language governing rights and limitations
|
|
||||||
under the License."
|
|
||||||
|
|
|
@ -2,333 +2,107 @@ APPLE PUBLIC SOURCE LICENSE
|
||||||
Version 1.1 - April 19,1999
|
Version 1.1 - April 19,1999
|
||||||
|
|
||||||
Please read this License carefully before downloading this software.
|
Please read this License carefully before downloading this software.
|
||||||
By downloading and using this software, you are agreeing to be bound by the
|
By downloading and using this software, you are agreeing to be bound by the terms of this License. If you do not or cannot agree to the terms of this License, please do not download or use the software.
|
||||||
terms of this License. If you do not or cannot agree to the terms of this
|
|
||||||
License, please do not download or use the software.
|
|
||||||
|
|
||||||
1. General; Definitions. This License applies to any program or other work
|
1. General; Definitions. This License applies to any program or other work which Apple Computer, Inc. ("Apple") publicly announces as subject to this Apple Public Source License and which contains a notice placed by Apple identifying such program or work as "Original Code" and stating that it is subject to the terms of this Apple Public Source License version 1.1 (or subsequent version thereof), as it may be revised from time to time by Apple ("License"). As used in this License:
|
||||||
which Apple Computer, Inc. ("Apple") publicly announces as subject to this
|
|
||||||
Apple Public Source License and which contains a notice placed by Apple identifying
|
|
||||||
such program or work as "Original Code" and stating that it is subject to
|
|
||||||
the terms of this Apple Public Source License version 1.1 (or subsequent version
|
|
||||||
thereof), as it may be revised from time to time by Apple ("License"). As
|
|
||||||
used in this License:
|
|
||||||
|
|
||||||
1.1 "Affected Original Code" means only those specific portions of Original
|
1.1 "Affected Original Code" means only those specific portions of Original Code that allegedly infringe upon any party's intellectual property rights or are otherwise the subject of a claim of infringement.
|
||||||
Code that allegedly infringe upon any party's intellectual property rights
|
|
||||||
or are otherwise the subject of a claim of infringement.
|
|
||||||
|
|
||||||
1.2 "Applicable Patent Rights" mean: (a) in the case where Apple is the grantor
|
1.2 "Applicable Patent Rights" mean: (a) in the case where Apple is the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to Apple and (ii) that cover subject matter contained in the Original Code, but only to the extent necessary to use, reproduce and/or distribute the Original Code without infringement; and (b) in the case where You are the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to You and (ii) that cover subject matter in Your Modifications, taken alone or in combination with Original Code.
|
||||||
of rights, (i) claims of patents that are now or hereafter acquired, owned
|
|
||||||
by or assigned to Apple and (ii) that cover subject matter contained in the
|
|
||||||
Original Code, but only to the extent necessary to use, reproduce and/or distribute
|
|
||||||
the Original Code without infringement; and (b) in the case where You are
|
|
||||||
the grantor of rights, (i) claims of patents that are now or hereafter acquired,
|
|
||||||
owned by or assigned to You and (ii) that cover subject matter in Your Modifications,
|
|
||||||
taken alone or in combination with Original Code.
|
|
||||||
|
|
||||||
1.3 "Covered Code" means the Original Code, Modifications, the combination
|
1.3 "Covered Code" means the Original Code, Modifications, the combination of Original Code and any Modifications, and/or any respective portions thereof.
|
||||||
of Original Code and any Modifications, and/or any respective portions thereof.
|
|
||||||
|
|
||||||
1.4 "Deploy" means to use, sublicense or distribute Covered Code other than
|
1.4 "Deploy" means to use, sublicense or distribute Covered Code other than for Your internal research and development (R&D), and includes without limitation, any and all internal use or distribution of Covered Code within Your business or organization except for R&D use, as well as direct or indirect sublicensing or distribution of Covered Code by You to any third party in any form or manner.
|
||||||
for Your internal research and development (R&D), and includes without limitation,
|
|
||||||
any and all internal use or distribution of Covered Code within Your business
|
|
||||||
or organization except for R&D use, as well as direct or indirect sublicensing
|
|
||||||
or distribution of Covered Code by You to any third party in any form or manner.
|
|
||||||
|
|
||||||
1.5 "Larger Work" means a work which combines Covered Code or portions thereof
|
1.5 "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
|
||||||
with code not governed by the terms of this License.
|
|
||||||
|
|
||||||
1.6 "Modifications" mean any addition to, deletion from, and/or change to,
|
1.6 "Modifications" mean any addition to, deletion from, and/or change to, the substance and/or structure of Covered Code. When code is released as a series of files, a Modification is: (a) any addition to or deletion from the contents of a file containing Covered Code; and/or (b) any new file or other representation of computer program statements that contains any part of Covered Code.
|
||||||
the substance and/or structure of Covered Code. When code is released as
|
|
||||||
a series of files, a Modification is: (a) any addition to or deletion from
|
|
||||||
the contents of a file containing Covered Code; and/or (b) any new file or
|
|
||||||
other representation of computer program statements that contains any part
|
|
||||||
of Covered Code.
|
|
||||||
|
|
||||||
1.7 "Original Code" means (a) the Source Code of a program or other work as
|
1.7 "Original Code" means (a) the Source Code of a program or other work as originally made available by Apple under this License, including the Source Code of any updates or upgrades to such programs or works made available by Apple under this License, and that has been expressly identified by Apple as such in the header file(s) of such work; and (b) the object code compiled from such Source Code and originally made available by Apple under this License.
|
||||||
originally made available by Apple under this License, including the Source
|
|
||||||
Code of any updates or upgrades to such programs or works made available by
|
|
||||||
Apple under this License, and that has been expressly identified by Apple
|
|
||||||
as such in the header file(s) of such work; and (b) the object code compiled
|
|
||||||
from such Source Code and originally made available by Apple under this License.
|
|
||||||
|
|
||||||
1.8 "Source Code" means the human readable form of a program or other work
|
1.8 "Source Code" means the human readable form of a program or other work that is suitable for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an executable (object code).
|
||||||
that is suitable for making modifications to it, including all modules it
|
|
||||||
contains, plus any associated interface definition files, scripts used to
|
|
||||||
control compilation and installation of an executable (object code).
|
|
||||||
|
|
||||||
1.9 "You" or "Your" means an individual or a legal entity exercising rights
|
1.9 "You" or "Your" means an individual or a legal entity exercising rights under this License. For legal entities, "You" or "Your" includes any entity which controls, is controlled by, or is under common control with, You, where "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
|
||||||
under this License. For legal entities, "You" or "Your" includes any entity
|
|
||||||
which controls, is controlled by, or is under common control with, You, where
|
|
||||||
"control" means (a) the power, direct or indirect, to cause the direction
|
|
||||||
or management of such entity, whether by contract or otherwise, or (b) ownership
|
|
||||||
of fifty percent (50%) or more of the outstanding shares or beneficial ownership
|
|
||||||
of such entity.
|
|
||||||
|
|
||||||
2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions
|
2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions of this License, Apple hereby grants You, effective on the date You accept this License and download the Original Code, a world-wide, royalty-free, non- exclusive license, to the extent of Apple's Applicable Patent Rights and copyrights covering the Original Code, to do the following:
|
||||||
of this License, Apple hereby grants You, effective on the date You accept
|
|
||||||
this License and download the Original Code, a world-wide, royalty-free, non-
|
|
||||||
exclusive license, to the extent of Apple's Applicable Patent Rights and copyrights
|
|
||||||
covering the Original Code, to do the following:
|
|
||||||
|
|
||||||
2.1 You may use, copy, modify and distribute Original Code, with or without
|
2.1 You may use, copy, modify and distribute Original Code, with or without Modifications, solely for Your internal research and development, provided that You must in each instance:
|
||||||
Modifications, solely for Your internal research and development, provided
|
|
||||||
that You must in each instance:
|
|
||||||
|
|
||||||
(a) retain and reproduce in all copies of Original Code the copyright and
|
(a) retain and reproduce in all copies of Original Code the copyright and other proprietary notices and disclaimers of Apple as they appear in the Original Code, and keep intact all notices in the Original Code that refer to this License;
|
||||||
other proprietary notices and disclaimers of Apple as they appear in the Original
|
|
||||||
Code, and keep intact all notices in the Original Code that refer to this
|
|
||||||
License;
|
|
||||||
|
|
||||||
(b) include a copy of this License with every copy of Source Code of Covered
|
(b) include a copy of this License with every copy of Source Code of Covered Code and documentation You distribute, and You may not offer or impose any terms on such Source Code that alter or restrict this License or the recipients' rights hereunder, except as permitted under Section 6; and
|
||||||
Code and documentation You distribute, and You may not offer or impose any
|
|
||||||
terms on such Source Code that alter or restrict this License or the recipients'
|
|
||||||
rights hereunder, except as permitted under Section 6; and
|
|
||||||
|
|
||||||
(c) completely and accurately document all Modifications that you have made
|
(c) completely and accurately document all Modifications that you have made and the date of each such Modification, designate the version of the Original Code you used, prominently include a file carrying such information with the Modifications, and duplicate the notice in Exhibit A in each file of the Source Code of all such Modifications.
|
||||||
and the date of each such Modification, designate the version of the Original
|
|
||||||
Code you used, prominently include a file carrying such information with the
|
|
||||||
Modifications, and duplicate the notice in Exhibit A in each file of the Source
|
|
||||||
Code of all such Modifications.
|
|
||||||
|
|
||||||
2.2 You may Deploy Covered Code, provided that You must in each instance:
|
2.2 You may Deploy Covered Code, provided that You must in each instance:
|
||||||
|
|
||||||
(a) satisfy all the conditions of Section 2.1 with respect to the Source Code
|
(a) satisfy all the conditions of Section 2.1 with respect to the Source Code of the Covered Code;
|
||||||
of the Covered Code;
|
|
||||||
|
|
||||||
(b) make all Your Deployed Modifications publicly available in Source Code
|
(b) make all Your Deployed Modifications publicly available in Source Code form via electronic distribution (e.g. download from a web site) under the terms of this License and subject to the license grants set forth in Section 3 below, and any additional terms You may choose to offer under Section 6. You must continue to make the Source Code of Your Deployed Modifications available for as long as you Deploy the Covered Code or twelve (12) months from the date of initial Deployment, whichever is longer;
|
||||||
form via electronic distribution (e.g. download from a web site) under the
|
|
||||||
terms of this License and subject to the license grants set forth in Section
|
|
||||||
3 below, and any additional terms You may choose to offer under Section 6.
|
|
||||||
You must continue to make the Source Code of Your Deployed Modifications available
|
|
||||||
for as long as you Deploy the Covered Code or twelve (12) months from the
|
|
||||||
date of initial Deployment, whichever is longer;
|
|
||||||
|
|
||||||
(c) if You Deploy Covered Code containing Modifications made by You, inform
|
(c) if You Deploy Covered Code containing Modifications made by You, inform others of how to obtain those Modifications by filling out and submitting the information found at http://www.apple.com/publicsource/modifications.html, if available; and
|
||||||
others of how to obtain those Modifications by filling out and submitting
|
|
||||||
the information found at http://www.apple.com/publicsource/modifications.html,
|
|
||||||
if available; and
|
|
||||||
|
|
||||||
(d) if You Deploy Covered Code in object code, executable form only, include
|
(d) if You Deploy Covered Code in object code, executable form only, include a prominent notice, in the code itself as well as in related documentation, stating that Source Code of the Covered Code is available under the terms of this License with information on how and where to obtain such Source Code.
|
||||||
a prominent notice, in the code itself as well as in related documentation,
|
|
||||||
stating that Source Code of the Covered Code is available under the terms
|
|
||||||
of this License with information on how and where to obtain such Source Code.
|
|
||||||
|
|
||||||
3. Your Grants. In consideration of, and as a condition to, the licenses
|
3. Your Grants. In consideration of, and as a condition to, the licenses granted to You under this License:
|
||||||
granted to You under this License:
|
|
||||||
|
|
||||||
(a) You hereby grant to Apple and all third parties a non-exclusive, royalty-free
|
(a) You hereby grant to Apple and all third parties a non-exclusive, royalty-free license, under Your Applicable Patent Rights and other intellectual property rights owned or controlled by You, to use, reproduce, modify, distribute and Deploy Your Modifications of the same scope and extent as Apple's licenses under Sections 2.1 and 2.2; and
|
||||||
license, under Your Applicable Patent Rights and other intellectual property
|
|
||||||
rights owned or controlled by You, to use, reproduce, modify, distribute and
|
|
||||||
Deploy Your Modifications of the same scope and extent as Apple's licenses
|
|
||||||
under Sections 2.1 and 2.2; and
|
|
||||||
|
|
||||||
(b) You hereby grant to Apple and its subsidiaries a non-exclusive, worldwide,
|
(b) You hereby grant to Apple and its subsidiaries a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license, under Your Applicable Patent Rights and other intellectual property rights owned or controlled by You, to use, reproduce, execute, compile, display, perform, modify or have modified (for Apple and/or its subsidiaries), sublicense and distribute Your Modifications, in any form, through multiple tiers of distribution.
|
||||||
royalty-free, perpetual and irrevocable license, under Your Applicable Patent
|
|
||||||
Rights and other intellectual property rights owned or controlled by You,
|
|
||||||
to use, reproduce, execute, compile, display, perform, modify or have modified
|
|
||||||
(for Apple and/or its subsidiaries), sublicense and distribute Your Modifications,
|
|
||||||
in any form, through multiple tiers of distribution.
|
|
||||||
|
|
||||||
4. Larger Works. You may create a Larger Work by combining Covered Code with
|
4. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In each such instance, You must make sure the requirements of this License are fulfilled for the Covered Code or any portion thereof.
|
||||||
other code not governed by the terms of this License and distribute the Larger
|
|
||||||
Work as a single product. In each such instance, You must make sure the requirements
|
|
||||||
of this License are fulfilled for the Covered Code or any portion thereof.
|
|
||||||
|
|
||||||
5. Limitations on Patent License. Except as expressly stated in Section 2,
|
5. Limitations on Patent License. Except as expressly stated in Section 2, no other patent rights, express or implied, are granted by Apple herein. Modifications and/or Larger Works may require additional patent licenses from Apple which Apple may grant in its sole discretion.
|
||||||
no other patent rights, express or implied, are granted by Apple herein.
|
|
||||||
Modifications and/or Larger Works may require additional patent licenses from
|
|
||||||
Apple which Apple may grant in its sole discretion.
|
|
||||||
|
|
||||||
6. Additional Terms. You may choose to offer, and to charge a fee for, warranty,
|
6. Additional Terms. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations and/or other rights consistent with the scope of the license granted herein ("Additional Terms") to one or more recipients of Covered Code. However, You may do so only on Your own behalf and as Your sole responsibility, and not on behalf of Apple. You must obtain the recipient's agreement that any such Additional Terms are offered by You alone, and You hereby agree to indemnify, defend and hold Apple harmless for any liability incurred by or claims asserted against Apple by reason of any such Additional Terms.
|
||||||
support, indemnity or liability obligations and/or other rights consistent
|
|
||||||
with the scope of the license granted herein ("Additional Terms") to one or
|
|
||||||
more recipients of Covered Code. However, You may do so only on Your own behalf
|
|
||||||
and as Your sole responsibility, and not on behalf of Apple. You must obtain
|
|
||||||
the recipient's agreement that any such Additional Terms are offered by You
|
|
||||||
alone, and You hereby agree to indemnify, defend and hold Apple harmless for
|
|
||||||
any liability incurred by or claims asserted against Apple by reason of any
|
|
||||||
such Additional Terms.
|
|
||||||
|
|
||||||
7. Versions of the License. Apple may publish revised and/or new versions
|
7. Versions of the License. Apple may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Once Original Code has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Original Code under the terms of any subsequent version of this License published by Apple. No one other than Apple has the right to modify the terms applicable to Covered Code created under this License.
|
||||||
of this License from time to time. Each version will be given a distinguishing
|
|
||||||
version number. Once Original Code has been published under a particular
|
|
||||||
version of this License, You may continue to use it under the terms of that
|
|
||||||
version. You may also choose to use such Original Code under the terms of
|
|
||||||
any subsequent version of this License published by Apple. No one other than
|
|
||||||
Apple has the right to modify the terms applicable to Covered Code created
|
|
||||||
under this License.
|
|
||||||
|
|
||||||
8. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or in part
|
8. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or in part pre-release, untested, or not fully tested works. The Original Code may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Original Code, or any portion thereof, is at Your sole and entire risk. THE ORIGINAL CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS 8 AND 9, APPLE AND APPLE'S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS "APPLE") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT DEFECTS IN THE ORIGINAL CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. You acknowledge that the Original Code is not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, or air traffic control machines in which case the failure of the Original Code could lead to death, personal injury, or severe physical or environmental damage.
|
||||||
pre-release, untested, or not fully tested works. The Original Code may contain
|
|
||||||
errors that could cause failures or loss of data, and may be incomplete or
|
|
||||||
contain inaccuracies. You expressly acknowledge and agree that use of the
|
|
||||||
Original Code, or any portion thereof, is at Your sole and entire risk. THE
|
|
||||||
ORIGINAL CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT
|
|
||||||
OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS
|
|
||||||
8 AND 9, APPLE AND APPLE'S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS "APPLE")
|
|
||||||
EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
|
|
||||||
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY
|
|
||||||
OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
|
|
||||||
OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
|
|
||||||
IN THE ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF
|
|
||||||
THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT DEFECTS IN
|
|
||||||
THE ORIGINAL CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE
|
|
||||||
GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY
|
|
||||||
OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. You acknowledge that the
|
|
||||||
Original Code is not intended for use in the operation of nuclear facilities,
|
|
||||||
aircraft navigation, communication systems, or air traffic control machines
|
|
||||||
in which case the failure of the Original Code could lead to death, personal
|
|
||||||
injury, or severe physical or environmental damage.
|
|
||||||
|
|
||||||
9. Liability.
|
9. Liability.
|
||||||
|
|
||||||
9.1 Infringement. If any portion of, or functionality implemented by, the
|
9.1 Infringement. If any portion of, or functionality implemented by, the Original Code becomes the subject of a claim of infringement, Apple may, at its option: (a) attempt to procure the rights necessary for Apple and You to continue using the Affected Original Code; (b) modify the Affected Original Code so that it is no longer infringing; or (c) suspend Your rights to use, reproduce, modify, sublicense and distribute the Affected Original Code until a final determination of the claim is made by a court or governmental administrative agency of competent jurisdiction and Apple lifts the suspension as set forth below. Such suspension of rights will be effective immediately upon Apple's posting of a notice to such effect on the Apple web site that is used for implementation of this License. Upon such final determination being made, if Apple is legally able, without the payment of a fee or royalty, to resume use, reproduction, modification, sublicensing and distribution of the Affected Original Code, Apple will lift the suspension of rights to the Affected Original Code by posting a notice to such effect on the Apple web site that is used for implementation of this License. If Apple suspends Your rights to Affected Original Code, nothing in this License shall be construed to restrict You, at Your option and subject to applicable law, from replacing the Affected Original Code with non-infringing code or independently negotiating for necessary rights from such third party.
|
||||||
Original Code becomes the subject of a claim of infringement, Apple may, at
|
|
||||||
its option: (a) attempt to procure the rights necessary for Apple and You
|
|
||||||
to continue using the Affected Original Code; (b) modify the Affected Original
|
|
||||||
Code so that it is no longer infringing; or (c) suspend Your rights to use,
|
|
||||||
reproduce, modify, sublicense and distribute the Affected Original Code until
|
|
||||||
a final determination of the claim is made by a court or governmental administrative
|
|
||||||
agency of competent jurisdiction and Apple lifts the suspension as set forth
|
|
||||||
below. Such suspension of rights will be effective immediately upon Apple's
|
|
||||||
posting of a notice to such effect on the Apple web site that is used for
|
|
||||||
implementation of this License. Upon such final determination being made,
|
|
||||||
if Apple is legally able, without the payment of a fee or royalty, to resume
|
|
||||||
use, reproduction, modification, sublicensing and distribution of the Affected
|
|
||||||
Original Code, Apple will lift the suspension of rights to the Affected Original
|
|
||||||
Code by posting a notice to such effect on the Apple web site that is used
|
|
||||||
for implementation of this License. If Apple suspends Your rights to Affected
|
|
||||||
Original Code, nothing in this License shall be construed to restrict You,
|
|
||||||
at Your option and subject to applicable law, from replacing the Affected
|
|
||||||
Original Code with non-infringing code or independently negotiating for necessary
|
|
||||||
rights from such third party.
|
|
||||||
|
|
||||||
9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE LIABLE
|
9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL APPLE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Apple's total liability to You for all damages under this License exceed the amount of fifty dollars ($50.00).
|
||||||
FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT
|
|
||||||
OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE ORIGINAL
|
|
||||||
CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY,
|
|
||||||
TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE
|
|
||||||
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE
|
|
||||||
FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall Apple's total
|
|
||||||
liability to You for all damages under this License exceed the amount of fifty
|
|
||||||
dollars ($50.00).
|
|
||||||
|
|
||||||
10. Trademarks. This License does not grant any rights to use the trademarks
|
10. Trademarks. This License does not grant any rights to use the trademarks or trade names "Apple", "Apple Computer", "Mac OS X", "Mac OS X Server" or any other trademarks or trade names belonging to Apple (collectively "Apple Marks") and no Apple Marks may be used to endorse or promote products derived from the Original Code other than as permitted by and in strict compliance at all times with Apple's third party trademark usage guidelines which are posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
|
||||||
or trade names "Apple", "Apple Computer", "Mac OS X", "Mac OS X Server" or
|
|
||||||
any other trademarks or trade names belonging to Apple (collectively "Apple
|
|
||||||
Marks") and no Apple Marks may be used to endorse or promote products derived
|
|
||||||
from the Original Code other than as permitted by and in strict compliance
|
|
||||||
at all times with Apple's third party trademark usage guidelines which are
|
|
||||||
posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
|
|
||||||
|
|
||||||
11. Ownership. Apple retains all rights, title and interest in and to the
|
11. Ownership. Apple retains all rights, title and interest in and to the Original Code and any Modifications made by or on behalf of Apple ("Apple Modifications"), and such Apple Modifications will not be automatically subject to this License. Apple may, at its sole discretion, choose to license such Apple Modifications under this License, or on different terms from those contained in this License or may choose not to license them at all. Apple's development, use, reproduction, modification, sublicensing and distribution of Covered Code will not be subject to this License.
|
||||||
Original Code and any Modifications made by or on behalf of Apple ("Apple
|
|
||||||
Modifications"), and such Apple Modifications will not be automatically subject
|
|
||||||
to this License. Apple may, at its sole discretion, choose to license such
|
|
||||||
Apple Modifications under this License, or on different terms from those contained
|
|
||||||
in this License or may choose not to license them at all. Apple's development,
|
|
||||||
use, reproduction, modification, sublicensing and distribution of Covered
|
|
||||||
Code will not be subject to this License.
|
|
||||||
|
|
||||||
12. Termination.
|
12. Termination.
|
||||||
|
|
||||||
12.1 Termination. This License and the rights granted hereunder will terminate:
|
12.1 Termination. This License and the rights granted hereunder will terminate:
|
||||||
|
|
||||||
(a) automatically without notice from Apple if You fail to comply with any
|
(a) automatically without notice from Apple if You fail to comply with any term(s) of this License and fail to cure such breach within 30 days of becoming aware of such breach;
|
||||||
term(s) of this License and fail to cure such breach within 30 days of becoming
|
|
||||||
aware of such breach;
|
|
||||||
|
|
||||||
(b) immediately in the event of the circumstances described in Section 13.5(b);
|
(b) immediately in the event of the circumstances described in Section 13.5(b); or
|
||||||
or
|
|
||||||
|
|
||||||
(c) automatically without notice from Apple if You, at any time during the
|
(c) automatically without notice from Apple if You, at any time during the term of this License, commence an action for patent infringement against Apple.
|
||||||
term of this License, commence an action for patent infringement against Apple.
|
|
||||||
|
|
||||||
12.2 Effect of Termination. Upon termination, You agree to immediately stop
|
12.2 Effect of Termination. Upon termination, You agree to immediately stop any further use, reproduction, modification, sublicensing and distribution of the Covered Code and to destroy all copies of the Covered Code that are in your possession or control. All sublicenses to the Covered Code which have been properly granted prior to termination shall survive any termination of this License. Provisions which, by their nature, should remain in effect beyond the termination of this License shall survive, including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. Neither party will be liable to the other for compensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy of either party.
|
||||||
any further use, reproduction, modification, sublicensing and distribution
|
|
||||||
of the Covered Code and to destroy all copies of the Covered Code that are
|
|
||||||
in your possession or control. All sublicenses to the Covered Code which have
|
|
||||||
been properly granted prior to termination shall survive any termination of
|
|
||||||
this License. Provisions which, by their nature, should remain in effect beyond
|
|
||||||
the termination of this License shall survive, including but not limited to
|
|
||||||
Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. Neither party will be liable to
|
|
||||||
the other for compensation, indemnity or damages of any sort solely as a result
|
|
||||||
of terminating this License in accordance with its terms, and termination
|
|
||||||
of this License will be without prejudice to any other right or remedy of
|
|
||||||
either party.
|
|
||||||
|
|
||||||
13. Miscellaneous.
|
13. Miscellaneous.
|
||||||
|
|
||||||
13.1 Government End Users. The Covered Code is a "commercial item" as defined
|
13.1 Government End Users. The Covered Code is a "commercial item" as defined in FAR 2.101. Government software and technical data rights in the Covered Code include only those rights customarily provided to the public as defined in this License. This customary commercial license in technical data and software is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
|
||||||
in FAR 2.101. Government software and technical data rights in the Covered
|
|
||||||
Code include only those rights customarily provided to the public as defined
|
|
||||||
in this License. This customary commercial license in technical data and software
|
|
||||||
is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer
|
|
||||||
Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical
|
|
||||||
Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software
|
|
||||||
or Computer Software Documentation). Accordingly, all U.S. Government End
|
|
||||||
Users acquire Covered Code with only those rights set forth herein.
|
|
||||||
|
|
||||||
13.2 Relationship of Parties. This License will not be construed as creating
|
13.2 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between You and Apple, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise.
|
||||||
an agency, partnership, joint venture or any other form of legal association
|
|
||||||
between You and Apple, and You will not represent to the contrary, whether
|
|
||||||
expressly, by implication, appearance or otherwise.
|
|
||||||
|
|
||||||
13.3 Independent Development. Nothing in this License will impair Apple's
|
13.3 Independent Development. Nothing in this License will impair Apple's right to acquire, license, develop, have others develop for it, market and/or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Modifications, Larger Works, technology or products that You may
|
||||||
right to acquire, license, develop, have others develop for it, market and/or
|
|
||||||
distribute technology or products that perform the same or similar functions
|
|
||||||
as, or otherwise compete with, Modifications, Larger Works, technology or
|
|
||||||
products that You may
|
|
||||||
develop, produce, market or distribute.
|
develop, produce, market or distribute.
|
||||||
|
|
||||||
13.4 Waiver; Construction. Failure by Apple to enforce any provision of this
|
13.4 Waiver; Construction. Failure by Apple to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this License.
|
||||||
License will not be deemed a waiver of future enforcement of that or any other
|
|
||||||
provision. Any law or regulation which provides that the language of a contract
|
|
||||||
shall be construed against the drafter will not apply to this License.
|
|
||||||
|
|
||||||
13.5 Severability. (a) If for any reason a court of competent jurisdiction
|
13.5 Severability. (a) If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and effect. (b) Notwithstanding the foregoing, if applicable law prohibits or restricts You from fully and/or specifically complying with Sections 2 and/or 3 or prevents the enforceability of either of those Sections, this License will immediately terminate and You must immediately discontinue any use of the Covered Code and destroy all copies of it that are in your possession or control.
|
||||||
finds any provision of this License, or portion thereof, to be unenforceable,
|
|
||||||
that provision of the License will be enforced to the maximum extent permissible
|
|
||||||
so as to effect the economic benefits and intent of the parties, and the remainder
|
|
||||||
of this License will continue in full force and effect. (b) Notwithstanding
|
|
||||||
the foregoing, if applicable law prohibits or restricts You from fully and/or
|
|
||||||
specifically complying with Sections 2 and/or 3 or prevents the enforceability
|
|
||||||
of either of those Sections, this License will immediately terminate and You
|
|
||||||
must immediately discontinue any use of the Covered Code and destroy all copies
|
|
||||||
of it that are in your possession or control.
|
|
||||||
|
|
||||||
13.6 Dispute Resolution. Any litigation or other dispute resolution between
|
13.6 Dispute Resolution. Any litigation or other dispute resolution between You and Apple relating to this License shall take place in the Northern District of California, and You and Apple hereby consent to the personal jurisdiction of, and venue in, the state and federal courts within that District with respect to this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
|
||||||
You and Apple relating to this License shall take place in the Northern District
|
|
||||||
of California, and You and Apple hereby consent to the personal jurisdiction
|
|
||||||
of, and venue in, the state and federal courts within that District with respect
|
|
||||||
to this License. The application of the United Nations Convention on Contracts
|
|
||||||
for the International Sale of Goods is expressly excluded.
|
|
||||||
|
|
||||||
13.7 Entire Agreement; Governing Law. This License constitutes the entire
|
13.7 Entire Agreement; Governing Law. This License constitutes the entire agreement between the parties with respect to the subject matter hereof. This License shall be governed by the laws of the United States and the State of California, except that body of California law concerning conflicts of law.
|
||||||
agreement between the parties with respect to the subject matter hereof.
|
|
||||||
This License shall be governed by the laws of the United States and the State
|
|
||||||
of California, except that body of California law concerning conflicts of
|
|
||||||
law.
|
|
||||||
|
|
||||||
Where You are located in the province of Quebec, Canada, the following clause
|
Where You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this License and all related documents be drafted in English. Les parties ont exige que le present contrat et tous les documents connexes soient rediges en anglais.
|
||||||
applies: The parties hereby confirm that they have requested that this License
|
|
||||||
and all related documents be drafted in English. Les parties ont exige que
|
|
||||||
le present contrat et tous les documents connexes soient rediges en anglais.
|
|
||||||
|
|
||||||
EXHIBIT A.
|
EXHIBIT A.
|
||||||
|
|
||||||
"Portions Copyright (c) 1999-2000 Apple Computer, Inc. All Rights Reserved.
|
"Portions Copyright (c) 1999-2000 Apple Computer, Inc. All Rights Reserved. This file contains Original Code and/or Modifications of Original Code as defined in and that are subject to the Apple Public Source License Version 1.1 (the "License"). You may not use this file except in compliance with the License. Please obtain a copy of the License at http://www.apple.com/publicsource and read it before using this file.
|
||||||
This file contains Original Code and/or Modifications of Original Code as
|
|
||||||
defined in and that are subject to the Apple Public Source License Version
|
|
||||||
1.1 (the "License"). You may not use this file except in compliance with
|
|
||||||
the License. Please obtain a copy of the License at http://www.apple.com/publicsource
|
|
||||||
and read it before using this file.
|
|
||||||
|
|
||||||
The Original Code and all software distributed under the License are distributed
|
The Original Code and all software distributed under the License are distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. Please see the License for the specific language governing rights and limitations under the License."
|
||||||
on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
|
|
||||||
AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
|
|
||||||
ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
|
|
||||||
INFRINGEMENT. Please see the License for the specific language governing
|
|
||||||
rights and limitations under the License."
|
|
||||||
|
|
|
@ -1,320 +1,103 @@
|
||||||
Apple Public Source License Ver. 1.2
|
Apple Public Source License Ver. 1.2
|
||||||
|
|
||||||
1. General; Definitions. This License applies to any program or other work
|
1. General; Definitions. This License applies to any program or other work which Apple Computer, Inc. ("Apple") makes publicly available and which contains a notice placed by Apple identifying such program or work as "Original Code" and stating that it is subject to the terms of this Apple Public Source License version 1.2 (or subsequent version thereof) ("License"). As used in this License:
|
||||||
which Apple Computer, Inc. ("Apple") makes publicly available and which contains
|
|
||||||
a notice placed by Apple identifying such program or work as "Original Code"
|
|
||||||
and stating that it is subject to the terms of this Apple Public Source License
|
|
||||||
version 1.2 (or subsequent version thereof) ("License"). As used in this License:
|
|
||||||
|
|
||||||
1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is the grantor
|
1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to Apple and (ii) that cover subject matter contained in the Original Code, but only to the extent necessary to use, reproduce and/or distribute the Original Code without infringement; and (b) in the case where You are the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to You and (ii) that cover subject matter in Your Modifications, taken alone or in combination with Original Code.
|
||||||
of rights, (i) claims of patents that are now or hereafter acquired, owned
|
|
||||||
by or assigned to Apple and (ii) that cover subject matter contained in the
|
|
||||||
Original Code, but only to the extent necessary to use, reproduce and/or distribute
|
|
||||||
the Original Code without infringement; and (b) in the case where You are
|
|
||||||
the grantor of rights, (i) claims of patents that are now or hereafter acquired,
|
|
||||||
owned by or assigned to You and (ii) that cover subject matter in Your Modifications,
|
|
||||||
taken alone or in combination with Original Code.
|
|
||||||
|
|
||||||
1.2 "Contributor" means any person or entity that creates or contributes to
|
1.2 "Contributor" means any person or entity that creates or contributes to the creation of Modifications.
|
||||||
the creation of Modifications.
|
|
||||||
|
|
||||||
1.3 "Covered Code" means the Original Code, Modifications, the combination
|
1.3 "Covered Code" means the Original Code, Modifications, the combination of Original Code and any Modifications, and/or any respective portions thereof.
|
||||||
of Original Code and any Modifications, and/or any respective portions thereof.
|
|
||||||
|
|
||||||
1.4 "Deploy" means to use, sublicense or distribute Covered Code other than
|
1.4 "Deploy" means to use, sublicense or distribute Covered Code other than for Your internal research and development (R&D) and/or Personal Use, and includes without limitation, any and all internal use or distribution of Covered Code within Your business or organization except for R&D use and/or Personal Use, as well as direct or indirect sublicensing or distribution of Covered Code by You to any third party in any form or manner.
|
||||||
for Your internal research and development (R&D) and/or Personal Use, and
|
|
||||||
includes without limitation, any and all internal use or distribution of Covered
|
|
||||||
Code within Your business or organization except for R&D use and/or Personal
|
|
||||||
Use, as well as direct or indirect sublicensing or distribution of Covered
|
|
||||||
Code by You to any third party in any form or manner.
|
|
||||||
|
|
||||||
1.5 "Larger Work" means a work which combines Covered Code or portions thereof
|
1.5 "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
|
||||||
with code not governed by the terms of this License.
|
|
||||||
|
|
||||||
1.6 "Modifications" mean any addition to, deletion from, and/or change to,
|
1.6 "Modifications" mean any addition to, deletion from, and/or change to, the substance and/or structure of the Original Code, any previous Modifications, the combination of Original Code and any previous Modifications, and/or any respective portions thereof. When code is released as a series of files, a Modification is: (a) any addition to or deletion from the contents of a file containing Covered Code; and/or (b) any new file or other representation of computer program statements that contains any part of Covered Code.
|
||||||
the substance and/or structure of the Original Code, any previous Modifications,
|
|
||||||
the combination of Original Code and any previous Modifications, and/or any
|
|
||||||
respective portions thereof. When code is released as a series of files, a
|
|
||||||
Modification is: (a) any addition to or deletion from the contents of a file
|
|
||||||
containing Covered Code; and/or (b) any new file or other representation of
|
|
||||||
computer program statements that contains any part of Covered Code.
|
|
||||||
|
|
||||||
1.7 "Original Code" means (a) the Source Code of a program or other work as
|
1.7 "Original Code" means (a) the Source Code of a program or other work as originally made available by Apple under this License, including the Source Code of any updates or upgrades to such programs or works made available by Apple under this License, and that has been expressly identified by Apple as such in the header file(s) of such work; and (b) the object code compiled from such Source Code and originally made available by Apple under this License.
|
||||||
originally made available by Apple under this License, including the Source
|
|
||||||
Code of any updates or upgrades to such programs or works made available by
|
|
||||||
Apple under this License, and that has been expressly identified by Apple
|
|
||||||
as such in the header file(s) of such work; and (b) the object code compiled
|
|
||||||
from such Source Code and originally made available by Apple under this License.
|
|
||||||
|
|
||||||
1.8 "Personal Use" means use of Covered Code by an individual solely for his
|
1.8 "Personal Use" means use of Covered Code by an individual solely for his or her personal, private and non-commercial purposes. An individual's use of Covered Code in his or her capacity as an officer, employee, member, independent contractor or agent of a corporation, business or organization (commercial or non-commercial) does not qualify as Personal Use.
|
||||||
or her personal, private and non-commercial purposes. An individual's use
|
|
||||||
of Covered Code in his or her capacity as an officer, employee, member, independent
|
|
||||||
contractor or agent of a corporation, business or organization (commercial
|
|
||||||
or non-commercial) does not qualify as Personal Use.
|
|
||||||
|
|
||||||
1.9 "Source Code" means the human readable form of a program or other work
|
1.9 "Source Code" means the human readable form of a program or other work that is suitable for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an executable (object code).
|
||||||
that is suitable for making modifications to it, including all modules it
|
|
||||||
contains, plus any associated interface definition files, scripts used to
|
|
||||||
control compilation and installation of an executable (object code).
|
|
||||||
|
|
||||||
1.10 "You" or "Your" means an individual or a legal entity exercising rights
|
1.10 "You" or "Your" means an individual or a legal entity exercising rights under this License. For legal entities, "You" or "Your" includes any entity which controls, is controlled by, or is under common control with, You, where "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
|
||||||
under this License. For legal entities, "You" or "Your" includes any entity
|
|
||||||
which controls, is controlled by, or is under common control with, You, where
|
|
||||||
"control" means (a) the power, direct or indirect, to cause the direction
|
|
||||||
or management of such entity, whether by contract or otherwise, or (b) ownership
|
|
||||||
of fifty percent (50%) or more of the outstanding shares or beneficial ownership
|
|
||||||
of such entity.
|
|
||||||
|
|
||||||
2. Permitted Uses; Conditions & Restrictions.Subject to the terms and conditions
|
2. Permitted Uses; Conditions & Restrictions.Subject to the terms and conditions of this License, Apple hereby grants You, effective on the date You accept this License and download the Original Code, a world-wide, royalty-free, non-exclusive license, to the extent of Apple's Applicable Patent Rights and copyrights covering the Original Code, to do the following:
|
||||||
of this License, Apple hereby grants You, effective on the date You accept
|
|
||||||
this License and download the Original Code, a world-wide, royalty-free, non-exclusive
|
|
||||||
license, to the extent of Apple's Applicable Patent Rights and copyrights
|
|
||||||
covering the Original Code, to do the following:
|
|
||||||
|
|
||||||
2.1 You may use, reproduce, display, perform, modify and distribute Original
|
2.1 You may use, reproduce, display, perform, modify and distribute Original Code, with or without Modifications, solely for Your internal research and development and/or Personal Use, provided that in each instance:
|
||||||
Code, with or without Modifications, solely for Your internal research and
|
|
||||||
development and/or Personal Use, provided that in each instance:
|
|
||||||
|
|
||||||
(a) You must retain and reproduce in all copies of Original Code the copyright
|
(a) You must retain and reproduce in all copies of Original Code the copyright and other proprietary notices and disclaimers of Apple as they appear in the Original Code, and keep intact all notices in the Original Code that refer to this License; and
|
||||||
and other proprietary notices and disclaimers of Apple as they appear in the
|
|
||||||
Original Code, and keep intact all notices in the Original Code that refer
|
|
||||||
to this License; and
|
|
||||||
|
|
||||||
(b) You must include a copy of this License with every copy of Source Code
|
(b) You must include a copy of this License with every copy of Source Code of Covered Code and documentation You distribute, and You may not offer or impose any terms on such Source Code that alter or restrict this License or the recipients' rights hereunder, except as permitted under Section 6.
|
||||||
of Covered Code and documentation You distribute, and You may not offer or
|
|
||||||
impose any terms on such Source Code that alter or restrict this License or
|
|
||||||
the recipients' rights hereunder, except as permitted under Section 6.
|
|
||||||
|
|
||||||
2.2 You may use, reproduce, display, perform, modify and Deploy Covered Code,
|
2.2 You may use, reproduce, display, perform, modify and Deploy Covered Code, provided that in each instance:
|
||||||
provided that in each instance:
|
|
||||||
|
|
||||||
(a) You must satisfy all the conditions of Section 2.1 with respect to the
|
(a) You must satisfy all the conditions of Section 2.1 with respect to the Source Code of the Covered Code;
|
||||||
Source Code of the Covered Code;
|
|
||||||
|
|
||||||
(b) You must duplicate, to the extent it does not already exist, the notice
|
(b) You must duplicate, to the extent it does not already exist, the notice in Exhibit A in each file of the Source Code of all Your Modifications, and cause the modified files to carry prominent notices stating that You changed the files and the date of any change;
|
||||||
in Exhibit A in each file of the Source Code of all Your Modifications, and
|
|
||||||
cause the modified files to carry prominent notices stating that You changed
|
|
||||||
the files and the date of any change;
|
|
||||||
|
|
||||||
(c) You must make Source Code of all Your Deployed Modifications publicly
|
(c) You must make Source Code of all Your Deployed Modifications publicly available under the terms of this License, including the license grants set forth in Section 3 below, for as long as you Deploy the Covered Code or twelve (12) months from the date of initial Deployment, whichever is longer. You should preferably distribute the Source Code of Your Deployed Modifications electronically (e.g. download from a web site); and
|
||||||
available under the terms of this License, including the license grants set
|
|
||||||
forth in Section 3 below, for as long as you Deploy the Covered Code or twelve
|
|
||||||
(12) months from the date of initial Deployment, whichever is longer. You
|
|
||||||
should preferably distribute the Source Code of Your Deployed Modifications
|
|
||||||
electronically (e.g. download from a web site); and
|
|
||||||
|
|
||||||
(d) if You Deploy Covered Code in object code, executable form only, You must
|
(d) if You Deploy Covered Code in object code, executable form only, You must include a prominent notice, in the code itself as well as in related documentation, stating that Source Code of the Covered Code is available under the terms of this License with information on how and where to obtain such Source Code.
|
||||||
include a prominent notice, in the code itself as well as in related documentation,
|
|
||||||
stating that Source Code of the Covered Code is available under the terms
|
|
||||||
of this License with information on how and where to obtain such Source Code.
|
|
||||||
|
|
||||||
2.3 You expressly acknowledge and agree that although Apple and each Contributor
|
2.3 You expressly acknowledge and agree that although Apple and each Contributor grants the licenses to their respective portions of the Covered Code set forth herein, no assurances are provided by Apple or any Contributor that the Covered Code does not infringe the patent or other intellectual property rights of any other entity. Apple and each Contributor disclaim any liability to You for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow You to distribute the Covered Code, it is Your responsibility to acquire that license before distributing the Covered Code.
|
||||||
grants the licenses to their respective portions of the Covered Code set forth
|
|
||||||
herein, no assurances are provided by Apple or any Contributor that the Covered
|
|
||||||
Code does not infringe the patent or other intellectual property rights of
|
|
||||||
any other entity. Apple and each Contributor disclaim any liability to You
|
|
||||||
for claims brought by any other entity based on infringement of intellectual
|
|
||||||
property rights or otherwise. As a condition to exercising the rights and
|
|
||||||
licenses granted hereunder, You hereby assume sole responsibility to secure
|
|
||||||
any other intellectual property rights needed, if any. For example, if a third
|
|
||||||
party patent license is required to allow You to distribute the Covered Code,
|
|
||||||
it is Your responsibility to acquire that license before distributing the
|
|
||||||
Covered Code.
|
|
||||||
|
|
||||||
3. Your Grants. In consideration of, and as a condition to, the licenses granted
|
3. Your Grants. In consideration of, and as a condition to, the licenses granted to You under this License:
|
||||||
to You under this License:
|
|
||||||
|
|
||||||
(a) You hereby grant to Apple and all third parties a non-exclusive, royalty-free
|
(a) You hereby grant to Apple and all third parties a non-exclusive, royalty-free license, under Your Applicable Patent Rights and other intellectual property rights (other than patent) owned or controlled by You, to use, reproduce, display, perform, modify, distribute and Deploy Your Modifications of the same scope and extent as Apple's licenses under Sections 2.1 and 2.2; and
|
||||||
license, under Your Applicable Patent Rights and other intellectual property
|
|
||||||
rights (other than patent) owned or controlled by You, to use, reproduce,
|
|
||||||
display, perform, modify, distribute and Deploy Your Modifications of the
|
|
||||||
same scope and extent as Apple's licenses under Sections 2.1 and 2.2; and
|
|
||||||
|
|
||||||
(b) You hereby grant to Apple and its subsidiaries a non-exclusive, worldwide,
|
(b) You hereby grant to Apple and its subsidiaries a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license, under Your Applicable Patent Rights and other intellectual property rights (other than patent) owned or controlled by You, to use, reproduce, display, perform, modify or have modified (for Apple and/or its subsidiaries), sublicense and distribute Your Modifications, in any form, through multiple tiers of distribution.
|
||||||
royalty-free, perpetual and irrevocable license, under Your Applicable Patent
|
|
||||||
Rights and other intellectual property rights (other than patent) owned or
|
|
||||||
controlled by You, to use, reproduce, display, perform, modify or have modified
|
|
||||||
(for Apple and/or its subsidiaries), sublicense and distribute Your Modifications,
|
|
||||||
in any form, through multiple tiers of distribution.
|
|
||||||
|
|
||||||
4. Larger Works. You may create a Larger Work by combining Covered Code with
|
4. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In each such instance, You must make sure the requirements of this License are fulfilled for the Covered Code or any portion thereof.
|
||||||
other code not governed by the terms of this License and distribute the Larger
|
|
||||||
Work as a single product. In each such instance, You must make sure the requirements
|
|
||||||
of this License are fulfilled for the Covered Code or any portion thereof.
|
|
||||||
|
|
||||||
5. Limitations on Patent License. Except as expressly stated in Section 2,
|
5. Limitations on Patent License. Except as expressly stated in Section 2, no other patent rights, express or implied, are granted by Apple herein. Modifications and/or Larger Works may require additional patent licenses from Apple which Apple may grant in its sole discretion.
|
||||||
no other patent rights, express or implied, are granted by Apple herein. Modifications
|
|
||||||
and/or Larger Works may require additional patent licenses from Apple which
|
|
||||||
Apple may grant in its sole discretion.
|
|
||||||
|
|
||||||
6. Additional Terms. You may choose to offer, and to charge a fee for, warranty,
|
6. Additional Terms. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations and/or other rights consistent with the scope of the license granted herein ("Additional Terms") to one or more recipients of Covered Code. However, You may do so only on Your own behalf and as Your sole responsibility, and not on behalf of Apple or any Contributor. You must obtain the recipient's agreement that any such Additional Terms are offered by You alone, and You hereby agree to indemnify, defend and hold Apple and every Contributor harmless for any liability incurred by or claims asserted against Apple or such Contributor by reason of any such Additional Terms.
|
||||||
support, indemnity or liability obligations and/or other rights consistent
|
|
||||||
with the scope of the license granted herein ("Additional Terms") to one or
|
|
||||||
more recipients of Covered Code. However, You may do so only on Your own behalf
|
|
||||||
and as Your sole responsibility, and not on behalf of Apple or any Contributor.
|
|
||||||
You must obtain the recipient's agreement that any such Additional Terms are
|
|
||||||
offered by You alone, and You hereby agree to indemnify, defend and hold Apple
|
|
||||||
and every Contributor harmless for any liability incurred by or claims asserted
|
|
||||||
against Apple or such Contributor by reason of any such Additional Terms.
|
|
||||||
|
|
||||||
7. Versions of the License. Apple may publish revised and/or new versions
|
7. Versions of the License. Apple may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Once Original Code has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Original Code under the terms of any subsequent version of this License published by Apple. No one other than Apple has the right to modify the terms applicable to Covered Code created under this License.
|
||||||
of this License from time to time. Each version will be given a distinguishing
|
|
||||||
version number. Once Original Code has been published under a particular version
|
|
||||||
of this License, You may continue to use it under the terms of that version.
|
|
||||||
You may also choose to use such Original Code under the terms of any subsequent
|
|
||||||
version of this License published by Apple. No one other than Apple has the
|
|
||||||
right to modify the terms applicable to Covered Code created under this License.
|
|
||||||
|
|
||||||
8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part
|
8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part pre-release, untested, or not fully tested works. The Covered Code may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Covered Code, or any portion thereof, is at Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered Code is not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, or air traffic control machines in which case the failure of the Covered Code could lead to death, personal injury, or severe physical or environmental damage.
|
||||||
pre-release, untested, or not fully tested works. The Covered Code may contain
|
|
||||||
errors that could cause failures or loss of data, and may be incomplete or
|
|
||||||
contain inaccuracies. You expressly acknowledge and agree that use of the
|
|
||||||
Covered Code, or any portion thereof, is at Your sole and entire risk. THE
|
|
||||||
COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT
|
|
||||||
OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS
|
|
||||||
"APPLE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY
|
|
||||||
DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
|
|
||||||
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY,
|
|
||||||
OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY,
|
|
||||||
OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND EACH
|
|
||||||
CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE
|
|
||||||
COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR
|
|
||||||
REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED
|
|
||||||
OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL
|
|
||||||
OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED REPRESENTATIVE
|
|
||||||
OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered
|
|
||||||
Code is not intended for use in the operation of nuclear facilities, aircraft
|
|
||||||
navigation, communication systems, or air traffic control machines in which
|
|
||||||
case the failure of the Covered Code could lead to death, personal injury,
|
|
||||||
or severe physical or environmental damage.
|
|
||||||
|
|
||||||
9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
|
9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to You for all damages (other than as may be required by applicable law) under this License exceed the amount of fifty dollars ($50.00).
|
||||||
SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT
|
|
||||||
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR
|
|
||||||
USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER
|
|
||||||
UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS
|
|
||||||
LIABILITY OR OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED
|
|
||||||
OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
|
|
||||||
PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY
|
|
||||||
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO
|
|
||||||
YOU. In no event shall Apple's total liability to You for all damages (other
|
|
||||||
than as may be required by applicable law) under this License exceed the amount
|
|
||||||
of fifty dollars ($50.00).
|
|
||||||
|
|
||||||
10. Trademarks. This License does not grant any rights to use the trademarks
|
10. Trademarks. This License does not grant any rights to use the trademarks or trade names "Apple", "Apple Computer", "Mac OS X", "Mac OS X Server", "QuickTime", "QuickTime Streaming Server" or any other trademarks or trade names belonging to Apple (collectively "Apple Marks") or to any trademark or trade name belonging to any Contributor. No Apple Marks may be used to endorse or promote products derived from the Original Code other than as permitted by and in strict compliance at all times with Apple's third party trademark usage guidelines which are posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
|
||||||
or trade names "Apple", "Apple Computer", "Mac OS X", "Mac OS X Server", "QuickTime",
|
|
||||||
"QuickTime Streaming Server" or any other trademarks or trade names belonging
|
|
||||||
to Apple (collectively "Apple Marks") or to any trademark or trade name belonging
|
|
||||||
to any Contributor. No Apple Marks may be used to endorse or promote products
|
|
||||||
derived from the Original Code other than as permitted by and in strict compliance
|
|
||||||
at all times with Apple's third party trademark usage guidelines which are
|
|
||||||
posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
|
|
||||||
|
|
||||||
11. Ownership. Subject to the licenses granted under this License, each Contributor
|
11. Ownership. Subject to the licenses granted under this License, each Contributor retains all rights, title and interest in and to any Modifications made by such Contributor. Apple retains all rights, title and interest in and to the Original Code and any Modifications made by or on behalf of Apple ("Apple Modifications"), and such Apple Modifications will not be automatically subject to this License. Apple may, at its sole discretion, choose to license such Apple Modifications under this License, or on different terms from those contained in this License or may choose not to license them at all.
|
||||||
retains all rights, title and interest in and to any Modifications made by
|
|
||||||
such Contributor. Apple retains all rights, title and interest in and to the
|
|
||||||
Original Code and any Modifications made by or on behalf of Apple ("Apple
|
|
||||||
Modifications"), and such Apple Modifications will not be automatically subject
|
|
||||||
to this License. Apple may, at its sole discretion, choose to license such
|
|
||||||
Apple Modifications under this License, or on different terms from those contained
|
|
||||||
in this License or may choose not to license them at all.
|
|
||||||
|
|
||||||
12. Termination.
|
12. Termination.
|
||||||
|
|
||||||
12.1 Termination. This License and the rights granted hereunder will terminate:
|
12.1 Termination. This License and the rights granted hereunder will terminate:
|
||||||
|
|
||||||
(a) automatically without notice from Apple if You fail to comply with any
|
(a) automatically without notice from Apple if You fail to comply with any term(s) of this License and fail to cure such breach within 30 days of becoming aware of such breach;
|
||||||
term(s) of this License and fail to cure such breach within 30 days of becoming
|
|
||||||
aware of such breach;
|
|
||||||
|
|
||||||
(b) immediately in the event of the circumstances described in Section 13.5(b);
|
(b) immediately in the event of the circumstances described in Section 13.5(b); or
|
||||||
or
|
|
||||||
|
|
||||||
(c) automatically without notice from Apple if You, at any time during the
|
(c) automatically without notice from Apple if You, at any time during the term of this License, commence an action for patent infringement against Apple.
|
||||||
term of this License, commence an action for patent infringement against Apple.
|
|
||||||
|
|
||||||
12.2 Effect of Termination. Upon termination, You agree to immediately stop
|
12.2 Effect of Termination. Upon termination, You agree to immediately stop any further use, reproduction, modification, sublicensing and distribution of the Covered Code and to destroy all copies of the Covered Code that are in your possession or control. All sublicenses to the Covered Code which have been properly granted prior to termination shall survive any termination of this License. Provisions which, by their nature, should remain in effect beyond the termination of this License shall survive, including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other for compensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy of any party.
|
||||||
any further use, reproduction, modification, sublicensing and distribution
|
|
||||||
of the Covered Code and to destroy all copies of the Covered Code that are
|
|
||||||
in your possession or control. All sublicenses to the Covered Code which have
|
|
||||||
been properly granted prior to termination shall survive any termination of
|
|
||||||
this License. Provisions which, by their nature, should remain in effect beyond
|
|
||||||
the termination of this License shall survive, including but not limited to
|
|
||||||
Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other
|
|
||||||
for compensation, indemnity or damages of any sort solely as a result of terminating
|
|
||||||
this License in accordance with its terms, and termination of this License
|
|
||||||
will be without prejudice to any other right or remedy of any party.
|
|
||||||
|
|
||||||
13. Miscellaneous.
|
13. Miscellaneous.
|
||||||
|
|
||||||
13.1 Government End Users. The Covered Code is a "commercial item" as defined
|
13.1 Government End Users. The Covered Code is a "commercial item" as defined in FAR 2.101. Government software and technical data rights in the Covered Code include only those rights customarily provided to the public as defined in this License. This customary commercial license in technical data and software is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
|
||||||
in FAR 2.101. Government software and technical data rights in the Covered
|
|
||||||
Code include only those rights customarily provided to the public as defined
|
|
||||||
in this License. This customary commercial license in technical data and software
|
|
||||||
is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer
|
|
||||||
Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical
|
|
||||||
Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software
|
|
||||||
or Computer Software Documentation). Accordingly, all U.S. Government End
|
|
||||||
Users acquire Covered Code with only those rights set forth herein.
|
|
||||||
|
|
||||||
13.2 Relationship of Parties. This License will not be construed as creating
|
13.2 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between or amongYou, Apple or any Contributor, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise.
|
||||||
an agency, partnership, joint venture or any other form of legal association
|
|
||||||
between or amongYou, Apple or any Contributor, and You will not represent
|
|
||||||
to the contrary, whether expressly, by implication, appearance or otherwise.
|
|
||||||
|
|
||||||
13.3 Independent Development. Nothing in this License will impair Apple's
|
13.3 Independent Development. Nothing in this License will impair Apple's right to acquire, license, develop, have others develop for it, market and/or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Modifications, Larger Works, technology or products that You may develop, produce, market or distribute.
|
||||||
right to acquire, license, develop, have others develop for it, market and/or
|
|
||||||
distribute technology or products that perform the same or similar functions
|
|
||||||
as, or otherwise compete with, Modifications, Larger Works, technology or
|
|
||||||
products that You may develop, produce, market or distribute.
|
|
||||||
|
|
||||||
13.4 Waiver; Construction. Failure by Apple or any Contributor to enforce
|
13.4 Waiver; Construction. Failure by Apple or any Contributor to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this License.
|
||||||
any provision of this License will not be deemed a waiver of future enforcement
|
|
||||||
of that or any other provision. Any law or regulation which provides that
|
|
||||||
the language of a contract shall be construed against the drafter will not
|
|
||||||
apply to this License.
|
|
||||||
|
|
||||||
13.5 Severability. (a) If for any reason a court of competent jurisdiction
|
13.5 Severability. (a) If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and effect. (b) Notwithstanding the foregoing, if applicable law prohibits or restricts You from fully and/or specifically complying with Sections 2 and/or 3 or prevents the enforceability of either of those Sections, this License will immediately terminate and You must immediately discontinue any use of the Covered Code and destroy all copies of it that are in your possession or control.
|
||||||
finds any provision of this License, or portion thereof, to be unenforceable,
|
|
||||||
that provision of the License will be enforced to the maximum extent permissible
|
|
||||||
so as to effect the economic benefits and intent of the parties, and the remainder
|
|
||||||
of this License will continue in full force and effect. (b) Notwithstanding
|
|
||||||
the foregoing, if applicable law prohibits or restricts You from fully and/or
|
|
||||||
specifically complying with Sections 2 and/or 3 or prevents the enforceability
|
|
||||||
of either of those Sections, this License will immediately terminate and You
|
|
||||||
must immediately discontinue any use of the Covered Code and destroy all copies
|
|
||||||
of it that are in your possession or control.
|
|
||||||
|
|
||||||
13.6 Dispute Resolution. Any litigation or other dispute resolution between
|
13.6 Dispute Resolution. Any litigation or other dispute resolution between You and Apple relating to this License shall take place in the Northern District of California, and You and Apple hereby consent to the personal jurisdiction of, and venue in, the state and federal courts within that District with respect to this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
|
||||||
You and Apple relating to this License shall take place in the Northern District
|
|
||||||
of California, and You and Apple hereby consent to the personal jurisdiction
|
|
||||||
of, and venue in, the state and federal courts within that District with respect
|
|
||||||
to this License. The application of the United Nations Convention on Contracts
|
|
||||||
for the International Sale of Goods is expressly excluded.
|
|
||||||
|
|
||||||
13.7 Entire Agreement; Governing Law. This License constitutes the entire
|
13.7 Entire Agreement; Governing Law. This License constitutes the entire agreement between the parties with respect to the subject matter hereof. This License shall be governed by the laws of the United States and the State of California, except that body of California law concerning conflicts of law.
|
||||||
agreement between the parties with respect to the subject matter hereof. This
|
|
||||||
License shall be governed by the laws of the United States and the State of
|
|
||||||
California, except that body of California law concerning conflicts of law.
|
|
||||||
|
|
||||||
Where You are located in the province of Quebec, Canada, the following clause
|
Where You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this License and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.
|
||||||
applies: The parties hereby confirm that they have requested that this License
|
|
||||||
and all related documents be drafted in English. Les parties ont exigé que
|
|
||||||
le présent contrat et tous les documents connexes soient rédigés en anglais.
|
|
||||||
|
|
||||||
EXHIBIT A.
|
EXHIBIT A.
|
||||||
|
|
||||||
"Portions Copyright (c) 1999-2001 Apple Computer, Inc. All Rights Reserved.
|
"Portions Copyright (c) 1999-2001 Apple Computer, Inc. All Rights Reserved.
|
||||||
|
|
||||||
This file contains Original Code and/or Modifications of Original Code as
|
This file contains Original Code and/or Modifications of Original Code as defined in and that are subject to the Apple Public Source License Version 1.2 (the 'License'). You may not use this file except in compliance with the License. Please obtain a copy of the License at http://www.apple.com/publicsource and read it before using this file.
|
||||||
defined in and that are subject to the Apple Public Source License Version
|
|
||||||
1.2 (the 'License'). You may not use this file except in compliance with the
|
|
||||||
License. Please obtain a copy of the License at http://www.apple.com/publicsource
|
|
||||||
and read it before using this file.
|
|
||||||
|
|
||||||
The Original Code and all software distributed under the License are distributed
|
The Original Code and all software distributed under the License are distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language governing rights and limitations under the License."
|
||||||
on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
|
|
||||||
AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
|
|
||||||
ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
|
|
||||||
ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language
|
|
||||||
governing rights and limitations under the License."
|
|
||||||
|
|
|
@ -1,330 +1,102 @@
|
||||||
APPLE PUBLIC SOURCE LICENSE
|
APPLE PUBLIC SOURCE LICENSE
|
||||||
Version 2.0 - August 6, 2003
|
Version 2.0 - August 6, 2003
|
||||||
|
|
||||||
Please read this License carefully before downloading this software. By downloading
|
Please read this License carefully before downloading this software. By downloading or using this software, you are agreeing to be bound by the terms of this License. If you do not or cannot agree to the terms of this License, please do not download or use the software.
|
||||||
or using this software, you are agreeing to be bound by the terms of this
|
|
||||||
License. If you do not or cannot agree to the terms of this License, please
|
|
||||||
do not download or use the software.
|
|
||||||
|
|
||||||
Apple Note: In January 2007, Apple changed its corporate name from "Apple
|
Apple Note: In January 2007, Apple changed its corporate name from "Apple Computer, Inc." to "Apple Inc." This change has been reflected below and copyright years updated, but no other changes have been made to the APSL 2.0.
|
||||||
Computer, Inc." to "Apple Inc." This change has been reflected below and
|
|
||||||
copyright years updated, but no other changes have been made to the APSL 2.0.
|
|
||||||
|
|
||||||
1. General; Definitions. This License applies to any program or other work
|
1. General; Definitions. This License applies to any program or other work which Apple Inc. ("Apple") makes publicly available and which contains a notice placed by Apple identifying such program or work as "Original Code" and stating that it is subject to the terms of this Apple Public Source License version 2.0 ("License"). As used in this License:
|
||||||
which Apple Inc. ("Apple") makes publicly available and which contains a notice
|
|
||||||
placed by Apple identifying such program or work as "Original Code" and stating
|
|
||||||
that it is subject to the terms of this Apple Public Source License version
|
|
||||||
2.0 ("License"). As used in this License:
|
|
||||||
|
|
||||||
1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is the
|
1.1 "Applicable Patent Rights" mean: (a) in the case where Apple is the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to Apple and (ii) that cover subject matter contained in the Original Code, but only to the extent necessary to use, reproduce and/or distribute the Original Code without infringement; and (b) in the case where You are the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to You and (ii) that cover subject matter in Your Modifications, taken alone or in combination with Original Code.
|
||||||
grantor of rights, (i) claims of patents that are now or hereafter acquired,
|
|
||||||
owned by or assigned to Apple and (ii) that cover subject matter contained
|
|
||||||
in the Original Code, but only to the extent necessary to use, reproduce and/or
|
|
||||||
distribute the Original Code without infringement; and (b) in the case where
|
|
||||||
You are the grantor of rights, (i) claims of patents that are now or hereafter
|
|
||||||
acquired, owned by or assigned to You and (ii) that cover subject matter in
|
|
||||||
Your Modifications, taken alone or in combination with Original Code.
|
|
||||||
|
|
||||||
1.2 "Contributor" means any person or entity that creates or contributes to
|
1.2 "Contributor" means any person or entity that creates or contributes to the creation of Modifications.
|
||||||
the creation of Modifications.
|
|
||||||
|
|
||||||
1.3 "Covered Code" means the Original Code, Modifications, the combination
|
1.3 "Covered Code" means the Original Code, Modifications, the combination of Original Code and any Modifications, and/or any respective portions thereof.
|
||||||
of Original Code and any Modifications, and/or any respective portions thereof.
|
|
||||||
|
|
||||||
1.4 "Externally Deploy" means: (a) to sublicense, distribute or otherwise
|
1.4 "Externally Deploy" means: (a) to sublicense, distribute or otherwise make Covered Code available, directly or indirectly, to anyone other than You; and/or (b) to use Covered Code, alone or as part of a Larger Work, in any way to provide a service, including but not limited to delivery of content, through electronic communication with a client other than You.
|
||||||
make Covered Code available, directly or indirectly, to anyone other than
|
|
||||||
You; and/or (b) to use Covered Code, alone or as part of a Larger Work, in
|
|
||||||
any way to provide a service, including but not limited to delivery of content,
|
|
||||||
through electronic communication with a client other than You.
|
|
||||||
|
|
||||||
1.5 "Larger Work" means a work which combines Covered Code or portions thereof
|
1.5 "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
|
||||||
with code not governed by the terms of this License.
|
|
||||||
|
|
||||||
1.6 "Modifications" mean any addition to, deletion from, and/or change to,
|
1.6 "Modifications" mean any addition to, deletion from, and/or change to, the substance and/or structure of the Original Code, any previous Modifications, the combination of Original Code and any previous Modifications, and/or any respective portions thereof. When code is released as a series of files, a Modification is: (a) any addition to or deletion from the contents of a file containing Covered Code; and/or (b) any new file or other representation of computer program statements that contains any part of Covered Code.
|
||||||
the substance and/or structure of the Original Code, any previous Modifications,
|
|
||||||
the combination of Original Code and any previous Modifications, and/or any
|
|
||||||
respective portions thereof. When code is released as a series of files,
|
|
||||||
a Modification is: (a) any addition to or deletion from the contents of a
|
|
||||||
file containing Covered Code; and/or (b) any new file or other representation
|
|
||||||
of computer program statements that contains any part of Covered Code.
|
|
||||||
|
|
||||||
1.7 "Original Code" means (a) the Source Code of a program or other work as
|
1.7 "Original Code" means (a) the Source Code of a program or other work as originally made available by Apple under this License, including the Source Code of any updates or upgrades to such programs or works made available by Apple under this License, and that has been expressly identified by Apple as such in the header file(s) of such work; and (b) the object code compiled from such Source Code and originally made available by Apple under this License
|
||||||
originally made available by Apple under this License, including the Source
|
|
||||||
Code of any updates or upgrades to such programs or works made available by
|
|
||||||
Apple under this License, and that has been expressly identified by Apple
|
|
||||||
as such in the header file(s) of such work; and (b) the object code compiled
|
|
||||||
from such Source Code and originally made available by Apple under this License
|
|
||||||
|
|
||||||
1.8 "Source Code" means the human readable form of a program or other work
|
1.8 "Source Code" means the human readable form of a program or other work that is suitable for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an executable (object code).
|
||||||
that is suitable for making modifications to it, including all modules it
|
|
||||||
contains, plus any associated interface definition files, scripts used to
|
|
||||||
control compilation and installation of an executable (object code).
|
|
||||||
|
|
||||||
1.9 "You" or "Your" means an individual or a legal entity exercising rights
|
1.9 "You" or "Your" means an individual or a legal entity exercising rights under this License. For legal entities, "You" or "Your" includes any entity which controls, is controlled by, or is under common control with, You, where "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
|
||||||
under this License. For legal entities, "You" or "Your" includes any entity
|
|
||||||
which controls, is controlled by, or is under common control with, You, where
|
|
||||||
"control" means (a) the power, direct or indirect, to cause the direction
|
|
||||||
or management of such entity, whether by contract or otherwise, or (b) ownership
|
|
||||||
of fifty percent (50%) or more of the outstanding shares or beneficial ownership
|
|
||||||
of such entity.
|
|
||||||
|
|
||||||
2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions
|
2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions of this License, Apple hereby grants You, effective on the date You accept this License and download the Original Code, a world-wide, royalty-free, non-exclusive license, to the extent of Apple's Applicable Patent Rights and copyrights covering the Original Code, to do the following:
|
||||||
of this License, Apple hereby grants You, effective on the date You accept
|
|
||||||
this License and download the Original Code, a world-wide, royalty-free, non-exclusive
|
|
||||||
license, to the extent of Apple's Applicable Patent Rights and copyrights
|
|
||||||
covering the Original Code, to do the following:
|
|
||||||
|
|
||||||
2.1 Unmodified Code. You may use, reproduce, display, perform, internally
|
2.1 Unmodified Code. You may use, reproduce, display, perform, internally distribute within Your organization, and Externally Deploy verbatim, unmodified copies of the Original Code, for commercial or non-commercial purposes, provided that in each instance:
|
||||||
distribute within Your organization, and Externally Deploy verbatim, unmodified
|
|
||||||
copies of the Original Code, for commercial or non-commercial purposes, provided
|
|
||||||
that in each instance:
|
|
||||||
|
|
||||||
(a) You must retain and reproduce in all copies of Original Code the copyright
|
(a) You must retain and reproduce in all copies of Original Code the copyright and other proprietary notices and disclaimers of Apple as they appear in the Original Code, and keep intact all notices in the Original Code that refer to this License; and
|
||||||
and other proprietary notices and disclaimers of Apple as they appear in the
|
|
||||||
Original Code, and keep intact all notices in the Original Code that refer
|
|
||||||
to this License; and
|
|
||||||
|
|
||||||
(b) You must include a copy of this License with every copy of Source Code
|
(b) You must include a copy of this License with every copy of Source Code of Covered Code and documentation You distribute or Externally Deploy, and You may not offer or impose any terms on such Source Code that alter or restrict this License or the recipients' rights hereunder, except as permitted under Section 6.
|
||||||
of Covered Code and documentation You distribute or Externally Deploy, and
|
|
||||||
You may not offer or impose any terms on such Source Code that alter or restrict
|
|
||||||
this License or the recipients' rights hereunder, except as permitted under
|
|
||||||
Section 6.
|
|
||||||
|
|
||||||
2.2 Modified Code. You may modify Covered Code and use, reproduce, display,
|
2.2 Modified Code. You may modify Covered Code and use, reproduce, display, perform, internally distribute within Your organization, and Externally Deploy Your Modifications and Covered Code, for commercial or non-commercial purposes, provided that in each instance You also meet all of these conditions:
|
||||||
perform, internally distribute within Your organization, and Externally Deploy
|
|
||||||
Your Modifications and Covered Code, for commercial or non-commercial purposes,
|
|
||||||
provided that in each instance You also meet all of these conditions:
|
|
||||||
|
|
||||||
(a) You must satisfy all the conditions of Section 2.1 with respect to the
|
(a) You must satisfy all the conditions of Section 2.1 with respect to the Source Code of the Covered Code;
|
||||||
Source Code of the Covered Code;
|
|
||||||
|
|
||||||
(b) You must duplicate, to the extent it does not already exist, the notice
|
(b) You must duplicate, to the extent it does not already exist, the notice in Exhibit A in each file of the Source Code of all Your Modifications, and cause the modified files to carry prominent notices stating that You changed the files and the date of any change; and
|
||||||
in Exhibit A in each file of the Source Code of all Your Modifications, and
|
|
||||||
cause the modified files to carry prominent notices stating that You changed
|
|
||||||
the files and the date of any change; and
|
|
||||||
|
|
||||||
(c) If You Externally Deploy Your Modifications, You must make Source Code
|
(c) If You Externally Deploy Your Modifications, You must make Source Code of all Your Externally Deployed Modifications either available to those to whom You have Externally Deployed Your Modifications, or publicly available. Source Code of Your Externally Deployed Modifications must be released under the terms set forth in this License, including the license grants set forth in Section 3 below, for as long as you Externally Deploy the Covered Code or twelve (12) months from the date of initial External Deployment, whichever is longer. You should preferably distribute the Source Code of Your Externally Deployed Modifications electronically (e.g. download from a web site).
|
||||||
of all Your Externally Deployed Modifications either available to those to
|
|
||||||
whom You have Externally Deployed Your Modifications, or publicly available.
|
|
||||||
Source Code of Your Externally Deployed Modifications must be released under
|
|
||||||
the terms set forth in this License, including the license grants set forth
|
|
||||||
in Section 3 below, for as long as you Externally Deploy the Covered Code
|
|
||||||
or twelve (12) months from the date of initial External Deployment, whichever
|
|
||||||
is longer. You should preferably distribute the Source Code of Your Externally
|
|
||||||
Deployed Modifications electronically (e.g. download from a web site).
|
|
||||||
|
|
||||||
2.3 Distribution of Executable Versions. In addition, if You Externally Deploy
|
2.3 Distribution of Executable Versions. In addition, if You Externally Deploy Covered Code (Original Code and/or Modifications) in object code, executable form only, You must include a prominent notice, in the code itself as well as in related documentation, stating that Source Code of the Covered Code is available under the terms of this License with information on how and where to obtain such Source Code.
|
||||||
Covered Code (Original Code and/or Modifications) in object code, executable
|
|
||||||
form only, You must include a prominent notice, in the code itself as well
|
|
||||||
as in related documentation, stating that Source Code of the Covered Code
|
|
||||||
is available under the terms of this License with information on how and where
|
|
||||||
to obtain such Source Code.
|
|
||||||
|
|
||||||
2.4 Third Party Rights. You expressly acknowledge and agree that although
|
2.4 Third Party Rights. You expressly acknowledge and agree that although Apple and each Contributor grants the licenses to their respective portions of the Covered Code set forth herein, no assurances are provided by Apple or any Contributor that the Covered Code does not infringe the patent or other intellectual property rights of any other entity. Apple and each Contributor disclaim any liability to You for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow You to distribute the Covered Code, it is Your responsibility to acquire that license before distributing the Covered Code.
|
||||||
Apple and each Contributor grants the licenses to their respective portions
|
|
||||||
of the Covered Code set forth herein, no assurances are provided by Apple
|
|
||||||
or any Contributor that the Covered Code does not infringe the patent or other
|
|
||||||
intellectual property rights of any other entity. Apple and each Contributor
|
|
||||||
disclaim any liability to You for claims brought by any other entity based
|
|
||||||
on infringement of intellectual property rights or otherwise. As a condition
|
|
||||||
to exercising the rights and licenses granted hereunder, You hereby assume
|
|
||||||
sole responsibility to secure any other intellectual property rights needed,
|
|
||||||
if any. For example, if a third party patent license is required to allow
|
|
||||||
You to distribute the Covered Code, it is Your responsibility to acquire that
|
|
||||||
license before distributing the Covered Code.
|
|
||||||
|
|
||||||
3. Your Grants. In consideration of, and as a condition to, the licenses
|
3. Your Grants. In consideration of, and as a condition to, the licenses granted to You under this License, You hereby grant to any person or entity receiving or distributing Covered Code under this License a non-exclusive, royalty-free, perpetual, irrevocable license, under Your Applicable Patent Rights and other intellectual property rights (other than patent) owned or controlled by You, to use, reproduce, display, perform, modify, sublicense, distribute and Externally Deploy Your Modifications of the same scope and extent as Apple's licenses under Sections 2.1 and 2.2 above.
|
||||||
granted to You under this License, You hereby grant to any person or entity
|
|
||||||
receiving or distributing Covered Code under this License a non-exclusive,
|
|
||||||
royalty-free, perpetual, irrevocable license, under Your Applicable Patent
|
|
||||||
Rights and other intellectual property rights (other than patent) owned or
|
|
||||||
controlled by You, to use, reproduce, display, perform, modify, sublicense,
|
|
||||||
distribute and Externally Deploy Your Modifications of the same scope and
|
|
||||||
extent as Apple's licenses under Sections 2.1 and 2.2 above.
|
|
||||||
|
|
||||||
4. Larger Works. You may create a Larger Work by combining Covered Code with
|
4. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In each such instance, You must make sure the requirements of this License are fulfilled for the Covered Code or any portion thereof.
|
||||||
other code not governed by the terms of this License and distribute the Larger
|
|
||||||
Work as a single product. In each such instance, You must make sure the requirements
|
|
||||||
of this License are fulfilled for the Covered Code or any portion thereof.
|
|
||||||
|
|
||||||
5. Limitations on Patent License. Except as expressly stated in Section
|
5. Limitations on Patent License. Except as expressly stated in Section 2, no other patent rights, express or implied, are granted by Apple herein. Modifications and/or Larger Works may require additional patent licenses from Apple which Apple may grant in its sole discretion.
|
||||||
2, no other patent rights, express or implied, are granted by Apple herein.
|
|
||||||
Modifications and/or Larger Works may require additional patent licenses from
|
|
||||||
Apple which Apple may grant in its sole discretion.
|
|
||||||
|
|
||||||
6. Additional Terms. You may choose to offer, and to charge a fee for, warranty,
|
6. Additional Terms. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations and/or other rights consistent with the scope of the license granted herein ("Additional Terms") to one or more recipients of Covered Code. However, You may do so only on Your own behalf and as Your sole responsibility, and not on behalf of Apple or any Contributor. You must obtain the recipient's agreement that any such Additional Terms are offered by You alone, and You hereby agree to indemnify, defend and hold Apple and every Contributor harmless for any liability incurred by or claims asserted against Apple or such Contributor by reason of any such Additional Terms.
|
||||||
support, indemnity or liability obligations and/or other rights consistent
|
|
||||||
with the scope of the license granted herein ("Additional Terms") to one or
|
|
||||||
more recipients of Covered Code. However, You may do so only on Your own behalf
|
|
||||||
and as Your sole responsibility, and not on behalf of Apple or any Contributor.
|
|
||||||
You must obtain the recipient's agreement that any such Additional Terms are
|
|
||||||
offered by You alone, and You hereby agree to indemnify, defend and hold Apple
|
|
||||||
and every Contributor harmless for any liability incurred by or claims asserted
|
|
||||||
against Apple or such Contributor by reason of any such Additional Terms.
|
|
||||||
|
|
||||||
7. Versions of the License. Apple may publish revised and/or new versions
|
7. Versions of the License. Apple may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Once Original Code has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Original Code under the terms of any subsequent version of this License published by Apple. No one other than Apple has the right to modify the terms applicable to Covered Code created under this License.
|
||||||
of this License from time to time. Each version will be given a distinguishing
|
|
||||||
version number. Once Original Code has been published under a particular
|
|
||||||
version of this License, You may continue to use it under the terms of that
|
|
||||||
version. You may also choose to use such Original Code under the terms of
|
|
||||||
any subsequent version of this License published by Apple. No one other than
|
|
||||||
Apple has the right to modify the terms applicable to Covered Code created
|
|
||||||
under this License.
|
|
||||||
|
|
||||||
8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part
|
8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part pre-release, untested, or not fully tested works. The Covered Code may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Covered Code, or any portion thereof, is at Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered Code is not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, or air traffic control machines in which case the failure of the Covered Code could lead to death, personal injury, or severe physical or environmental damage.
|
||||||
pre-release, untested, or not fully tested works. The Covered Code may contain
|
|
||||||
errors that could cause failures or loss of data, and may be incomplete or
|
|
||||||
contain inaccuracies. You expressly acknowledge and agree that use of the
|
|
||||||
Covered Code, or any portion thereof, is at Your sole and entire risk. THE
|
|
||||||
COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT
|
|
||||||
OF ANY KIND AND APPLE AND APPLE'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS
|
|
||||||
"APPLE" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY
|
|
||||||
DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
|
|
||||||
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY,
|
|
||||||
OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY,
|
|
||||||
OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND
|
|
||||||
EACH CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT
|
|
||||||
OF THE COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL
|
|
||||||
MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED
|
|
||||||
OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO
|
|
||||||
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED
|
|
||||||
REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge
|
|
||||||
that the Covered Code is not intended for use in the operation of nuclear
|
|
||||||
facilities, aircraft navigation, communication systems, or air traffic control
|
|
||||||
machines in which case the failure of the Covered Code could lead to death,
|
|
||||||
personal injury, or severe physical or environmental damage.
|
|
||||||
|
|
||||||
9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
|
9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to You for all damages (other than as may be required by applicable law) under this License exceed the amount of fifty dollars ($50.00).
|
||||||
SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT
|
|
||||||
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR
|
|
||||||
USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER
|
|
||||||
UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS
|
|
||||||
LIABILITY OR OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED
|
|
||||||
OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
|
|
||||||
PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY
|
|
||||||
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO
|
|
||||||
YOU. In no event shall Apple's total liability to You for all damages (other
|
|
||||||
than as may be required by applicable law) under this License exceed the amount
|
|
||||||
of fifty dollars ($50.00).
|
|
||||||
|
|
||||||
10. Trademarks. This License does not grant any rights to use the trademarks
|
10. Trademarks. This License does not grant any rights to use the trademarks or trade names "Apple", "Mac", "Mac OS", "QuickTime", "QuickTime Streaming Server" or any other trademarks, service marks, logos or trade names belonging to Apple (collectively "Apple Marks") or to any trademark, service mark, logo or trade name belonging to any Contributor. You agree not to use any Apple Marks in or as part of the name of products derived from the Original Code or to endorse or promote products derived from the Original Code other than as expressly permitted by and in strict compliance at all times with Apple's third party trademark usage guidelines which are posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
|
||||||
or trade names "Apple", "Mac", "Mac OS", "QuickTime", "QuickTime Streaming
|
|
||||||
Server" or any other trademarks, service marks, logos or trade names belonging
|
|
||||||
to Apple (collectively "Apple Marks") or to any trademark, service mark, logo
|
|
||||||
or trade name belonging to any Contributor. You agree not to use any Apple
|
|
||||||
Marks in or as part of the name of products derived from the Original Code
|
|
||||||
or to endorse or promote products derived from the Original Code other than
|
|
||||||
as expressly permitted by and in strict compliance at all times with Apple's
|
|
||||||
third party trademark usage guidelines which are posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
|
|
||||||
|
|
||||||
11. Ownership. Subject to the licenses granted under this License, each Contributor
|
11. Ownership. Subject to the licenses granted under this License, each Contributor retains all rights, title and interest in and to any Modifications made by such Contributor. Apple retains all rights, title and interest in and to the Original Code and any Modifications made by or on behalf of Apple ("Apple Modifications"), and such Apple Modifications will not be automatically subject to this License. Apple may, at its sole discretion, choose to license such Apple Modifications under this License, or on different terms from those contained in this License or may choose not to license them at all.
|
||||||
retains all rights, title and interest in and to any Modifications made by
|
|
||||||
such Contributor. Apple retains all rights, title and interest in and to
|
|
||||||
the Original Code and any Modifications made by or on behalf of Apple ("Apple
|
|
||||||
Modifications"), and such Apple Modifications will not be automatically subject
|
|
||||||
to this License. Apple may, at its sole discretion, choose to license such
|
|
||||||
Apple Modifications under this License, or on different terms from those contained
|
|
||||||
in this License or may choose not to license them at all.
|
|
||||||
|
|
||||||
12. Termination.
|
12. Termination.
|
||||||
|
|
||||||
12.1 Termination. This License and the rights granted hereunder will terminate:
|
12.1 Termination. This License and the rights granted hereunder will terminate:
|
||||||
|
|
||||||
(a) automatically without notice from Apple if You fail to comply with any
|
(a) automatically without notice from Apple if You fail to comply with any term(s) of this License and fail to cure such breach within 30 days of becoming aware of such breach;
|
||||||
term(s) of this License and fail to cure such breach within 30 days of becoming
|
|
||||||
aware of such breach;
|
|
||||||
|
|
||||||
(b) immediately in the event of the circumstances described in Section 13.5(b);
|
(b) immediately in the event of the circumstances described in Section 13.5(b); or
|
||||||
or
|
|
||||||
|
|
||||||
(c) automatically without notice from Apple if You, at any time during the
|
(c) automatically without notice from Apple if You, at any time during the term of this License, commence an action for patent infringement against Apple; provided that Apple did not first commence an action for patent infringement against You in that instance.
|
||||||
term of this License, commence an action for patent infringement against Apple;
|
|
||||||
provided that Apple did not first commence an action for patent infringement
|
|
||||||
against You in that instance.
|
|
||||||
|
|
||||||
12.2 Effect of Termination. Upon termination, You agree to immediately stop
|
12.2 Effect of Termination. Upon termination, You agree to immediately stop any further use, reproduction, modification, sublicensing and distribution of the Covered Code. All sublicenses to the Covered Code which have been properly granted prior to termination shall survive any termination of this License. Provisions which, by their nature, should remain in effect beyond the termination of this License shall survive, including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other for compensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy of any party.
|
||||||
any further use, reproduction, modification, sublicensing and distribution
|
|
||||||
of the Covered Code. All sublicenses to the Covered Code which have been
|
|
||||||
properly granted prior to termination shall survive any termination of this
|
|
||||||
License. Provisions which, by their nature, should remain in effect beyond
|
|
||||||
the termination of this License shall survive, including but not limited to
|
|
||||||
Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any
|
|
||||||
other for compensation, indemnity or damages of any sort solely as a result
|
|
||||||
of terminating this License in accordance with its terms, and termination
|
|
||||||
of this License will be without prejudice to any other right or remedy of
|
|
||||||
any party.
|
|
||||||
|
|
||||||
13. Miscellaneous.
|
13. Miscellaneous.
|
||||||
|
|
||||||
13.1 Government End Users. The Covered Code is a "commercial item" as defined
|
13.1 Government End Users. The Covered Code is a "commercial item" as defined in FAR 2.101. Government software and technical data rights in the Covered Code include only those rights customarily provided to the public as defined in this License. This customary commercial license in technical data and software is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
|
||||||
in FAR 2.101. Government software and technical data rights in the Covered
|
|
||||||
Code include only those rights customarily provided to the public as defined
|
|
||||||
in this License. This customary commercial license in technical data and software
|
|
||||||
is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer
|
|
||||||
Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical
|
|
||||||
Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software
|
|
||||||
or Computer Software Documentation). Accordingly, all U.S. Government End
|
|
||||||
Users acquire Covered Code with only those rights set forth herein.
|
|
||||||
|
|
||||||
13.2 Relationship of Parties. This License will not be construed as creating
|
13.2 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between or among You, Apple or any Contributor, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise.
|
||||||
an agency, partnership, joint venture or any other form of legal association
|
|
||||||
between or among You, Apple or any Contributor, and You will not represent
|
|
||||||
to the contrary, whether expressly, by implication, appearance or otherwise.
|
|
||||||
|
|
||||||
13.3 Independent Development. Nothing in this License will impair Apple's
|
13.3 Independent Development. Nothing in this License will impair Apple's right to acquire, license, develop, have others develop for it, market and/or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Modifications, Larger Works, technology or products that You may develop, produce, market or distribute.
|
||||||
right to acquire, license, develop, have others develop for it, market and/or
|
|
||||||
distribute technology or products that perform the same or similar functions
|
|
||||||
as, or otherwise compete with, Modifications, Larger Works, technology or
|
|
||||||
products that You may develop, produce, market or distribute.
|
|
||||||
|
|
||||||
13.4 Waiver; Construction. Failure by Apple or any Contributor to enforce
|
13.4 Waiver; Construction. Failure by Apple or any Contributor to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this License.
|
||||||
any provision of this License will not be deemed a waiver of future enforcement
|
|
||||||
of that or any other provision. Any law or regulation which provides that
|
|
||||||
the language of a contract shall be construed against the drafter will not
|
|
||||||
apply to this License.
|
|
||||||
|
|
||||||
13.5 Severability. (a) If for any reason a court of competent jurisdiction
|
13.5 Severability. (a) If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and effect. (b) Notwithstanding the foregoing, if applicable law prohibits or restricts You from fully and/or specifically complying with Sections 2 and/or 3 or prevents the enforceability of either of those Sections, this License will immediately terminate and You must immediately discontinue any use of the Covered Code and destroy all copies of it that are in your possession or control.
|
||||||
finds any provision of this License, or portion thereof, to be unenforceable,
|
|
||||||
that provision of the License will be enforced to the maximum extent permissible
|
|
||||||
so as to effect the economic benefits and intent of the parties, and the remainder
|
|
||||||
of this License will continue in full force and effect. (b) Notwithstanding
|
|
||||||
the foregoing, if applicable law prohibits or restricts You from fully and/or
|
|
||||||
specifically complying with Sections 2 and/or 3 or prevents the enforceability
|
|
||||||
of either of those Sections, this License will immediately terminate and You
|
|
||||||
must immediately discontinue any use of the Covered Code and destroy all copies
|
|
||||||
of it that are in your possession or control.
|
|
||||||
|
|
||||||
13.6 Dispute Resolution. Any litigation or other dispute resolution between
|
13.6 Dispute Resolution. Any litigation or other dispute resolution between You and Apple relating to this License shall take place in the Northern District of California, and You and Apple hereby consent to the personal jurisdiction of, and venue in, the state and federal courts within that District with respect to this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
|
||||||
You and Apple relating to this License shall take place in the Northern District
|
|
||||||
of California, and You and Apple hereby consent to the personal jurisdiction
|
|
||||||
of, and venue in, the state and federal courts within that District with respect
|
|
||||||
to this License. The application of the United Nations Convention on Contracts
|
|
||||||
for the International Sale of Goods is expressly excluded.
|
|
||||||
|
|
||||||
13.7 Entire Agreement; Governing Law. This License constitutes the entire
|
13.7 Entire Agreement; Governing Law. This License constitutes the entire agreement between the parties with respect to the subject matter hereof. This License shall be governed by the laws of the United States and the State of California, except that body of California law concerning conflicts of law.
|
||||||
agreement between the parties with respect to the subject matter hereof.
|
|
||||||
This License shall be governed by the laws of the United States and the State
|
|
||||||
of California, except that body of California law concerning conflicts of
|
|
||||||
law.
|
|
||||||
|
|
||||||
Where You are located in the province of Quebec, Canada, the following clause
|
Where You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this License and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.
|
||||||
applies: The parties hereby confirm that they have requested that this License
|
|
||||||
and all related documents be drafted in English. Les parties ont exigé que
|
|
||||||
le présent contrat et tous les documents connexes soient rédigés en anglais.
|
|
||||||
|
|
||||||
EXHIBIT A.
|
EXHIBIT A.
|
||||||
|
|
||||||
"Portions Copyright (c) 1999-2007 Apple Inc. All Rights Reserved.
|
"Portions Copyright (c) 1999-2007 Apple Inc. All Rights Reserved.
|
||||||
|
|
||||||
This file contains Original Code and/or Modifications of Original Code as
|
This file contains Original Code and/or Modifications of Original Code as defined in and that are subject to the Apple Public Source License Version 2.0 (the 'License'). You may not use this file except in compliance with the License. Please obtain a copy of the License at http://www.opensource.apple.com/apsl/ and read it before using this file.
|
||||||
defined in and that are subject to the Apple Public Source License Version
|
|
||||||
2.0 (the 'License'). You may not use this file except in compliance with
|
|
||||||
the License. Please obtain a copy of the License at http://www.opensource.apple.com/apsl/
|
|
||||||
and read it before using this file.
|
|
||||||
|
|
||||||
The Original Code and all software distributed under the License are distributed
|
The Original Code and all software distributed under the License are distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language governing rights and limitations under the License."
|
||||||
on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
|
|
||||||
AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
|
|
||||||
ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
|
|
||||||
ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language
|
|
||||||
governing rights and limitations under the License."
|
|
||||||
|
|
|
@ -6,11 +6,6 @@ This program is distributed WITHOUT ANY WARRANTY, express or implied.
|
||||||
|
|
||||||
Copyright (C) 1991, 1992 Hans-Hermann Bode
|
Copyright (C) 1991, 1992 Hans-Hermann Bode
|
||||||
|
|
||||||
Permission is granted to make and distribute verbatim copies of this document
|
Permission is granted to make and distribute verbatim copies of this document provided that the copyright notice and this permission notice are preserved on all copies.
|
||||||
provided that the copyright notice and this permission notice are preserved
|
|
||||||
on all copies.
|
|
||||||
|
|
||||||
Permission is granted to copy and distribute modified versions of this document
|
Permission is granted to copy and distribute modified versions of this document under the conditions for verbatim copying, provided that the entire resulting derived work is distributed under the terms of a permission notice identical to this one.
|
||||||
under the conditions for verbatim copying, provided that the entire resulting
|
|
||||||
derived work is distributed under the terms of a permission notice identical
|
|
||||||
to this one.
|
|
||||||
|
|
|
@ -1,30 +1,12 @@
|
||||||
Adobe Systems Incorporated(r) Source Code License Agreement
|
Adobe Systems Incorporated(r) Source Code License Agreement
|
||||||
Copyright(c) 2006 Adobe Systems Incorporated. All rights reserved.
|
Copyright(c) 2006 Adobe Systems Incorporated. All rights reserved.
|
||||||
|
|
||||||
Please read this Source Code License Agreement carefully before using the
|
Please read this Source Code License Agreement carefully before using the source code.
|
||||||
source code.
|
|
||||||
|
|
||||||
Adobe Systems Incorporated grants to you a perpetual, worldwide, non-exclusive,
|
Adobe Systems Incorporated grants to you a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license, to reproduce, prepare derivative works of, publicly display, publicly perform, and distribute this source code and such derivative works in source or object code form without any attribution requirements.
|
||||||
no-charge, royalty-free, irrevocable copyright license, to reproduce, prepare
|
|
||||||
derivative works of, publicly display, publicly perform, and distribute this
|
|
||||||
source code and such derivative works in source or object code form without
|
|
||||||
any attribution requirements.
|
|
||||||
|
|
||||||
The name "Adobe Systems Incorporated" must not be used to endorse or promote
|
The name "Adobe Systems Incorporated" must not be used to endorse or promote products derived from the source code without prior written permission.
|
||||||
products derived from the source code without prior written permission.
|
|
||||||
|
|
||||||
You agree to indemnify, hold harmless and defend Adobe Systems Incorporated
|
You agree to indemnify, hold harmless and defend Adobe Systems Incorporated from and against any loss, damage, claims or lawsuits, including attorney's fees that arise or result from your use or distribution of the source code.
|
||||||
from and against any loss, damage, claims or lawsuits, including attorney's
|
|
||||||
fees that arise or result from your use or distribution of the source code.
|
|
||||||
|
|
||||||
THIS SOURCE CODE IS PROVIDED "AS IS" AND "WITH ALL FAULTS", WITHOUT ANY TECHNICAL
|
THIS SOURCE CODE IS PROVIDED "AS IS" AND "WITH ALL FAULTS", WITHOUT ANY TECHNICAL SUPPORT OR ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT. IN NO EVENT SHALL MACROMEDIA OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOURCE CODE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
||||||
SUPPORT OR ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
|
|
||||||
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
|
|
||||||
PURPOSE ARE DISCLAIMED. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT, TITLE
|
|
||||||
OR QUIET ENJOYMENT. IN NO EVENT SHALL MACROMEDIA OR ITS SUPPLIERS BE LIABLE
|
|
||||||
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
|
|
||||||
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
|
|
||||||
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
|
|
||||||
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
|
|
||||||
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
|
|
||||||
USE OF THIS SOURCE CODE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
|
||||||
|
|
|
@ -1,28 +1,10 @@
|
||||||
Copyright (c) 1997,1998,2002,2007 Adobe Systems Incorporated
|
Copyright (c) 1997,1998,2002,2007 Adobe Systems Incorporated
|
||||||
|
|
||||||
Permission is hereby granted, free of charge, to any person obtaining a copy
|
Permission is hereby granted, free of charge, to any person obtaining a copy of this documentation file to use, copy, publish, distribute, sublicense, and/or sell copies of the documentation, and to permit others to do the same, provided that:
|
||||||
of this documentation file to use, copy, publish, distribute, sublicense,
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|
||||||
and/or sell copies of the documentation, and to permit others to do the same,
|
|
||||||
provided that:
|
|
||||||
|
|
||||||
- No modification, editing or other alteration of this document is allowed;
|
- No modification, editing or other alteration of this document is allowed; and
|
||||||
and
|
- The above copyright notice and this permission notice shall be included in all copies of the documentation.
|
||||||
- The above copyright notice and this permission notice shall be included
|
|
||||||
in all copies of the documentation.
|
|
||||||
|
|
||||||
Permission is hereby granted, free of charge, to any person obtaining a copy
|
Permission is hereby granted, free of charge, to any person obtaining a copy of this documentation file, to create their own derivative works from the content of this document to use, copy, publish, distribute, sublicense, and/or sell the derivative works, and to permit others to do the same, provided that the derived work is not represented as being a copy or version of this document.
|
||||||
of this documentation file, to create their own derivative works from the
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|
||||||
content of this document to use, copy, publish, distribute, sublicense, and/or
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|
||||||
sell the derivative works, and to permit others to do the same, provided that
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|
||||||
the derived work is not represented as being a copy or version of this document.
|
|
||||||
|
|
||||||
Adobe shall not be liable to any party for any loss of revenue or profit or
|
Adobe shall not be liable to any party for any loss of revenue or profit or for indirect, incidental, special, consequential, or other similar damages, whether based on tort (including without limitation negligence or strict liability), contract or other legal or equitable grounds even if Adobe has been advised or had reason to know of the possibility of such damages. The Adobe materials are provided on an "AS IS" basis.Ê Adobe specifically disclaims all express, statutory, or implied warranties relating to the Adobe materials, including but not limited to those concerning merchantability or fitness for a particular purpose or non-infringement of any third party rights regarding the Adobe materials.
|
||||||
for indirect, incidental, special, consequential, or other similar damages,
|
|
||||||
whether based on tort (including without limitation negligence or strict liability),
|
|
||||||
contract or other legal or equitable grounds even if Adobe has been advised
|
|
||||||
or had reason to know of the possibility of such damages. The Adobe materials
|
|
||||||
are provided on an "AS IS" basis.Ê Adobe specifically disclaims all express,
|
|
||||||
statutory, or implied warranties relating to the Adobe materials, including
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|
||||||
but not limited to those concerning merchantability or fitness for a particular
|
|
||||||
purpose or non-infringement of any third party rights regarding the Adobe
|
|
||||||
materials.
|
|
||||||
|
|
|
@ -3,16 +3,8 @@
|
||||||
This file may be freely copied and redistributed as long as:
|
This file may be freely copied and redistributed as long as:
|
||||||
|
|
||||||
1) This entire notice continues to be included in the file,
|
1) This entire notice continues to be included in the file,
|
||||||
2) If the file has been modified in any way, a notice of such modification
|
2) If the file has been modified in any way, a notice of such modification is conspicuously indicated.
|
||||||
is conspicuously indicated.
|
|
||||||
|
|
||||||
PostScript, Display PostScript,and Adobe are registered trademarks of Adobe
|
PostScript, Display PostScript,and Adobe are registered trademarks of Adobe Systems Incorporated.
|
||||||
Systems Incorporated.
|
|
||||||
|
|
||||||
THE INFORMATION BELOW IS FURNISHED AS IS, IS SUBJECT TO CHANGE WITHOUT NOTICE,
|
THE INFORMATION BELOW IS FURNISHED AS IS, IS SUBJECT TO CHANGE WITHOUT NOTICE, AND SHOULD NOT BE CONSTRUED AS A COMMITMENT BY ADOBE SYSTEMS INCORPORATED. ADOBE SYSTEMS INCORPORATED ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR INACCURACIES, MAKES NO WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS INFORMATION, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
|
||||||
AND SHOULD NOT BE CONSTRUED AS A COMMITMENT BY ADOBE SYSTEMS INCORPORATED.
|
|
||||||
ADOBE SYSTEMS INCORPORATED ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY
|
|
||||||
ERRORS OR INACCURACIES, MAKES NO WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR
|
|
||||||
STATUTORY) WITH RESPECT TO THIS INFORMATION, AND EXPRESSLY DISCLAIMS ANY AND
|
|
||||||
ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES AND NONINFRINGEMENT
|
|
||||||
OF THIRD PARTY RIGHTS.
|
|
||||||
|
|
|
@ -1,191 +1,62 @@
|
||||||
Aladdin Free Public License
|
Aladdin Free Public License
|
||||||
(Version 8, November 18, 1999)
|
(Version 8, November 18, 1999)
|
||||||
|
|
||||||
Copyright (C) 1994, 1995, 1997, 1998, 1999 Aladdin Enterprises, Menlo Park,
|
Copyright (C) 1994, 1995, 1997, 1998, 1999 Aladdin Enterprises, Menlo Park, California, U.S.A. All rights reserved.
|
||||||
California, U.S.A. All rights reserved.
|
|
||||||
|
|
||||||
NOTE: This License is not the same as any of the GNU Licenses published by
|
NOTE: This License is not the same as any of the GNU Licenses published by the Free Software Foundation. Its terms are substantially different from those of the GNU Licenses. If you are familiar with the GNU Licenses, please read this license with extra care.
|
||||||
the Free Software Foundation. Its terms are substantially different from those
|
|
||||||
of the GNU Licenses. If you are familiar with the GNU Licenses, please read
|
|
||||||
this license with extra care.
|
|
||||||
|
|
||||||
Aladdin Enterprises hereby grants to anyone the permission to apply this License
|
Aladdin Enterprises hereby grants to anyone the permission to apply this License to their own work, as long as the entire License (including the above notices and this paragraph) is copied with no changes, additions, or deletions except for changing the first paragraph of Section 0 to include a suitable description of the work to which the license is being applied and of the person or entity that holds the copyright in the work, and, if the License is being applied to a work created in a country other than the United States, replacing the first paragraph of Section 6 with an appropriate reference to the laws of the appropriate country.
|
||||||
to their own work, as long as the entire License (including the above notices
|
|
||||||
and this paragraph) is copied with no changes, additions, or deletions except
|
|
||||||
for changing the first paragraph of Section 0 to include a suitable description
|
|
||||||
of the work to which the license is being applied and of the person or entity
|
|
||||||
that holds the copyright in the work, and, if the License is being applied
|
|
||||||
to a work created in a country other than the United States, replacing the
|
|
||||||
first paragraph of Section 6 with an appropriate reference to the laws of
|
|
||||||
the appropriate country.
|
|
||||||
|
|
||||||
0. Subject Matter
|
0. Subject Matter
|
||||||
This License applies to the computer program known as "Aladdin Ghostscript."
|
This License applies to the computer program known as "Aladdin Ghostscript." The "Program", below, refers to such program. The Program is a copyrighted work whose copyright is held by Aladdin Enterprises (the "Licensor"). Please note that Aladdin Ghostscript is neither the program known as "GNU Ghostscript" nor the version of Ghostscript available for commercial licensing from Artifex Software Inc.
|
||||||
The "Program", below, refers to such program. The Program is a copyrighted
|
|
||||||
work whose copyright is held by Aladdin Enterprises (the "Licensor"). Please
|
|
||||||
note that Aladdin Ghostscript is neither the program known as "GNU Ghostscript"
|
|
||||||
nor the version of Ghostscript available for commercial licensing from Artifex
|
|
||||||
Software Inc.
|
|
||||||
|
|
||||||
A "work based on the Program" means either the Program or any derivative work
|
A "work based on the Program" means either the Program or any derivative work of the Program, as defined in the United States Copyright Act of 1976, such as a translation or a modification.
|
||||||
of the Program, as defined in the United States Copyright Act of 1976, such
|
|
||||||
as a translation or a modification.
|
|
||||||
|
|
||||||
BY MODIFYING OR DISTRIBUTING THE PROGRAM (OR ANY WORK BASED ON THE PROGRAM),
|
BY MODIFYING OR DISTRIBUTING THE PROGRAM (OR ANY WORK BASED ON THE PROGRAM), YOU INDICATE YOUR ACCEPTANCE OF THIS LICENSE TO DO SO, AND ALL ITS TERMS AND CONDITIONS FOR COPYING, DISTRIBUTING OR MODIFYING THE PROGRAM OR WORKS BASED ON IT. NOTHING OTHER THAN THIS LICENSE GRANTS YOU PERMISSION TO MODIFY OR DISTRIBUTE THE PROGRAM OR ITS DERIVATIVE WORKS. THESE ACTIONS ARE PROHIBITED BY LAW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT MODIFY OR DISTRIBUTE THE PROGRAM.
|
||||||
YOU INDICATE YOUR ACCEPTANCE OF THIS LICENSE TO DO SO, AND ALL ITS TERMS AND
|
|
||||||
CONDITIONS FOR COPYING, DISTRIBUTING OR MODIFYING THE PROGRAM OR WORKS BASED
|
|
||||||
ON IT. NOTHING OTHER THAN THIS LICENSE GRANTS YOU PERMISSION TO MODIFY OR
|
|
||||||
DISTRIBUTE THE PROGRAM OR ITS DERIVATIVE WORKS. THESE ACTIONS ARE PROHIBITED
|
|
||||||
BY LAW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT MODIFY OR
|
|
||||||
DISTRIBUTE THE PROGRAM.
|
|
||||||
|
|
||||||
1. Licenses.
|
1. Licenses.
|
||||||
Licensor hereby grants you the following rights, provided that you comply
|
Licensor hereby grants you the following rights, provided that you comply with all of the restrictions set forth in this License and provided, further, that you distribute an unmodified copy of this License with the Program:
|
||||||
with all of the restrictions set forth in this License and provided, further,
|
|
||||||
that you distribute an unmodified copy of this License with the Program:
|
|
||||||
|
|
||||||
(a) You may copy and distribute literal (i.e., verbatim) copies of the Program's
|
(a) You may copy and distribute literal (i.e., verbatim) copies of the Program's source code as you receive it throughout the world, in any medium.
|
||||||
source code as you receive it throughout the world, in any medium.
|
(b) You may modify the Program, create works based on the Program and distribute copies of such throughout the world, in any medium.
|
||||||
(b) You may modify the Program, create works based on the Program and distribute
|
|
||||||
copies of such throughout the world, in any medium.
|
|
||||||
|
|
||||||
2. Restrictions.
|
2. Restrictions.
|
||||||
This license is subject to the following restrictions:
|
This license is subject to the following restrictions:
|
||||||
|
|
||||||
(a) Distribution of the Program or any work based on the Program by a commercial
|
(a) Distribution of the Program or any work based on the Program by a commercial organization to any third party is prohibited if any payment is made in connection with such distribution, whether directly (as in payment for a copy of the Program) or indirectly (as in payment for some service related to the Program, or payment for some product or service that includes a copy of the Program "without charge"; these are only examples, and not an exhaustive enumeration of prohibited activities). The following methods of distribution involving payment shall not in and of themselves be a violation of this restriction:
|
||||||
organization to any third party is prohibited if any payment is made in connection
|
|
||||||
with such distribution, whether directly (as in payment for a copy of the
|
|
||||||
Program) or indirectly (as in payment for some service related to the Program,
|
|
||||||
or payment for some product or service that includes a copy of the Program
|
|
||||||
"without charge"; these are only examples, and not an exhaustive enumeration
|
|
||||||
of prohibited activities). The following methods of distribution involving
|
|
||||||
payment shall not in and of themselves be a violation of this restriction:
|
|
||||||
|
|
||||||
(i) Posting the Program on a public access information storage and retrieval
|
(i) Posting the Program on a public access information storage and retrieval service for which a fee is received for retrieving information (such as an on-line service), provided that the fee is not content-dependent (i.e., the fee would be the same for retrieving the same volume of information consisting of random data) and that access to the service and to the Program is available independent of any other product or service. An example of a service that does not fall under this section is an on-line service that is operated by a company and that is only available to customers of that company. (This is not an exhaustive enumeration.)
|
||||||
service for which a fee is received for retrieving information (such as an
|
(ii) Distributing the Program on removable computer-readable media, provided that the files containing the Program are reproduced entirely and verbatim on such media, that all information on such media be redistributable for non-commercial purposes without charge, and that such media are distributed by themselves (except for accompanying documentation) independent of any other product or service. Examples of such media include CD-ROM, magnetic tape, and optical storage media. (This is not intended to be an exhaustive list.) An example of a distribution that does not fall under this section is a CD-ROM included in a book or magazine. (This is not an exhaustive enumeration.)
|
||||||
on-line service), provided that the fee is not content-dependent (i.e., the
|
|
||||||
fee would be the same for retrieving the same volume of information consisting
|
|
||||||
of random data) and that access to the service and to the Program is available
|
|
||||||
independent of any other product or service. An example of a service that
|
|
||||||
does not fall under this section is an on-line service that is operated by
|
|
||||||
a company and that is only available to customers of that company. (This is
|
|
||||||
not an exhaustive enumeration.)
|
|
||||||
(ii) Distributing the Program on removable computer-readable media, provided
|
|
||||||
that the files containing the Program are reproduced entirely and verbatim
|
|
||||||
on such media, that all information on such media be redistributable for non-commercial
|
|
||||||
purposes without charge, and that such media are distributed by themselves
|
|
||||||
(except for accompanying documentation) independent of any other product or
|
|
||||||
service. Examples of such media include CD-ROM, magnetic tape, and optical
|
|
||||||
storage media. (This is not intended to be an exhaustive list.) An example
|
|
||||||
of a distribution that does not fall under this section is a CD-ROM included
|
|
||||||
in a book or magazine. (This is not an exhaustive enumeration.)
|
|
||||||
|
|
||||||
(b) Activities other than copying, distribution and modification of the Program
|
(b) Activities other than copying, distribution and modification of the Program are not subject to this License and they are outside its scope. Functional use (running) of the Program is not restricted, and any output produced through the use of the Program is subject to this license only if its contents constitute a work based on the Program (independent of having been made by running the Program).
|
||||||
are not subject to this License and they are outside its scope. Functional
|
|
||||||
use (running) of the Program is not restricted, and any output produced through
|
|
||||||
the use of the Program is subject to this license only if its contents constitute
|
|
||||||
a work based on the Program (independent of having been made by running the
|
|
||||||
Program).
|
|
||||||
|
|
||||||
(c) You must meet all of the following conditions with respect to any work
|
(c) You must meet all of the following conditions with respect to any work that you distribute or publish that in whole or in part contains or is derived from the Program or any part thereof ("the Work"):
|
||||||
that you distribute or publish that in whole or in part contains or is derived
|
|
||||||
from the Program or any part thereof ("the Work"):
|
|
||||||
|
|
||||||
(i) If you have modified the Program, you must cause the Work to carry prominent
|
(i) If you have modified the Program, you must cause the Work to carry prominent notices stating that you have modified the Program's files and the date of any change. In each source file that you have modified, you must include a prominent notice that you have modified the file, including your name, your e-mail address (if any), and the date and purpose of the change;
|
||||||
notices stating that you have modified the Program's files and the date of
|
(ii) You must cause the Work to be licensed as a whole and at no charge to all third parties under the terms of this License;
|
||||||
any change. In each source file that you have modified, you must include a
|
(iii) If the Work normally reads commands interactively when run, you must cause it, at each time the Work commences operation, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty). Such notice must also state that users may redistribute the Work only under the conditions of this License and tell the user how to view the copy of this License included with the Work. (Exceptions: if the Program is interactive but normally prints or displays such an announcement only at the request of a user, such as in an "About box", the Work is required to print or display the notice only under the same circumstances; if the Program itself is interactive but does not normally print such an announcement, the Work is not required to print an announcement.);
|
||||||
prominent notice that you have modified the file, including your name, your
|
(iv) You must accompany the Work with the complete corresponding machine-readable source code, delivered on a medium customarily used for software interchange. The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable code. If you distribute with the Work any component that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, you must also distribute the source code of that component if you have it and are allowed to do so;
|
||||||
e-mail address (if any), and the date and purpose of the change;
|
(v) If you distribute any written or printed material at all with the Work, such material must include either a written copy of this License, or a prominent written indication that the Work is covered by this License and written instructions for printing and/or displaying the copy of the License on the distribution medium;
|
||||||
(ii) You must cause the Work to be licensed as a whole and at no charge to
|
(vi) You may not impose any further restrictions on the recipient's exercise of the rights granted herein.
|
||||||
all third parties under the terms of this License;
|
|
||||||
(iii) If the Work normally reads commands interactively when run, you must
|
|
||||||
cause it, at each time the Work commences operation, to print or display an
|
|
||||||
announcement including an appropriate copyright notice and a notice that there
|
|
||||||
is no warranty (or else, saying that you provide a warranty). Such notice
|
|
||||||
must also state that users may redistribute the Work only under the conditions
|
|
||||||
of this License and tell the user how to view the copy of this License included
|
|
||||||
with the Work. (Exceptions: if the Program is interactive but normally prints
|
|
||||||
or displays such an announcement only at the request of a user, such as in
|
|
||||||
an "About box", the Work is required to print or display the notice only under
|
|
||||||
the same circumstances; if the Program itself is interactive but does not
|
|
||||||
normally print such an announcement, the Work is not required to print an
|
|
||||||
announcement.);
|
|
||||||
(iv) You must accompany the Work with the complete corresponding machine-readable
|
|
||||||
source code, delivered on a medium customarily used for software interchange.
|
|
||||||
The source code for a work means the preferred form of the work for making
|
|
||||||
modifications to it. For an executable work, complete source code means all
|
|
||||||
the source code for all modules it contains, plus any associated interface
|
|
||||||
definition files, plus the scripts used to control compilation and installation
|
|
||||||
of the executable code. If you distribute with the Work any component that
|
|
||||||
is normally distributed (in either source or binary form) with the major components
|
|
||||||
(compiler, kernel, and so on) of the operating system on which the executable
|
|
||||||
runs, you must also distribute the source code of that component if you have
|
|
||||||
it and are allowed to do so;
|
|
||||||
(v) If you distribute any written or printed material at all with the Work,
|
|
||||||
such material must include either a written copy of this License, or a prominent
|
|
||||||
written indication that the Work is covered by this License and written instructions
|
|
||||||
for printing and/or displaying the copy of the License on the distribution
|
|
||||||
medium;
|
|
||||||
(vi) You may not impose any further restrictions on the recipient's exercise
|
|
||||||
of the rights granted herein.
|
|
||||||
|
|
||||||
If distribution of executable or object code is made by offering the equivalent
|
If distribution of executable or object code is made by offering the equivalent ability to copy from a designated place, then offering equivalent ability to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source code along with the object code.
|
||||||
ability to copy from a designated place, then offering equivalent ability
|
|
||||||
to copy the source code from the same place counts as distribution of the
|
|
||||||
source code, even though third parties are not compelled to copy the source
|
|
||||||
code along with the object code.
|
|
||||||
|
|
||||||
3. Reservation of Rights.
|
3. Reservation of Rights.
|
||||||
No rights are granted to the Program except as expressly set forth herein.
|
No rights are granted to the Program except as expressly set forth herein. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
|
||||||
You may not copy, modify, sublicense, or distribute the Program except as
|
|
||||||
expressly provided under this License. Any attempt otherwise to copy, modify,
|
|
||||||
sublicense or distribute the Program is void, and will automatically terminate
|
|
||||||
your rights under this License. However, parties who have received copies,
|
|
||||||
or rights, from you under this License will not have their licenses terminated
|
|
||||||
so long as such parties remain in full compliance.
|
|
||||||
|
|
||||||
4. Other Restrictions.
|
4. Other Restrictions.
|
||||||
If the distribution and/or use of the Program is restricted in certain countries
|
If the distribution and/or use of the Program is restricted in certain countries for any reason, Licensor may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
|
||||||
for any reason, Licensor may add an explicit geographical distribution limitation
|
|
||||||
excluding those countries, so that distribution is permitted only in or among
|
|
||||||
countries not thus excluded. In such case, this License incorporates the limitation
|
|
||||||
as if written in the body of this License.
|
|
||||||
|
|
||||||
5. Limitations.
|
5. Limitations.
|
||||||
THE PROGRAM IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY. THERE IS NO WARRANTY
|
THE PROGRAM IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY. THERE IS NO WARRANTY FOR THE PROGRAM, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
|
||||||
FOR THE PROGRAM, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
|
|
||||||
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
|
|
||||||
AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY
|
|
||||||
AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE,
|
|
||||||
YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
|
|
||||||
|
|
||||||
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL
|
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL LICENSOR, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
||||||
LICENSOR, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM
|
|
||||||
AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL,
|
|
||||||
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO
|
|
||||||
USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED
|
|
||||||
INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE
|
|
||||||
PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER
|
|
||||||
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
|
||||||
|
|
||||||
6. General.
|
6. General.
|
||||||
This License is governed by the laws of the State of California, U.S.A., excluding
|
This License is governed by the laws of the State of California, U.S.A., excluding choice of law rules.
|
||||||
choice of law rules.
|
|
||||||
|
|
||||||
If any part of this License is found to be in conflict with the law, that
|
If any part of this License is found to be in conflict with the law, that part shall be interpreted in its broadest meaning consistent with the law, and no other parts of the License shall be affected.
|
||||||
part shall be interpreted in its broadest meaning consistent with the law,
|
|
||||||
and no other parts of the License shall be affected.
|
|
||||||
|
|
||||||
For United States Government users, the Program is provided with RESTRICTED
|
For United States Government users, the Program is provided with RESTRICTED RIGHTS. If you are a unit or agency of the United States Government or are acquiring the Program for any such unit or agency, the following apply:
|
||||||
RIGHTS. If you are a unit or agency of the United States Government or are
|
|
||||||
acquiring the Program for any such unit or agency, the following apply:
|
|
||||||
|
|
||||||
If the unit or agency is the Department of Defense ("DOD"), the Program and
|
If the unit or agency is the Department of Defense ("DOD"), the Program and its documentation are classified as "commercial computer software" and "commercial computer software documentation" respectively and, pursuant to DFAR Section 227.7202, the Government is acquiring the Program and its documentation in accordance with the terms of this License. If the unit or agency is other than DOD, the Program and its documentation are classified as "commercial computer software" and "commercial computer software documentation" respectively and, pursuant to FAR Section 12.212, the Government is acquiring the Program and its documentation in accordance with the terms of this License.
|
||||||
its documentation are classified as "commercial computer software" and "commercial
|
|
||||||
computer software documentation" respectively and, pursuant to DFAR Section
|
|
||||||
227.7202, the Government is acquiring the Program and its documentation in
|
|
||||||
accordance with the terms of this License. If the unit or agency is other
|
|
||||||
than DOD, the Program and its documentation are classified as "commercial
|
|
||||||
computer software" and "commercial computer software documentation" respectively
|
|
||||||
and, pursuant to FAR Section 12.212, the Government is acquiring the Program
|
|
||||||
and its documentation in accordance with the terms of this License.
|
|
||||||
|
|
|
@ -1,44 +1,20 @@
|
||||||
Copyright (c) 1995-1999 The Apache Group. All rights reserved.
|
Copyright (c) 1995-1999 The Apache Group. All rights reserved.
|
||||||
|
|
||||||
Redistribution and use in source and binary forms, with or without modification,
|
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
|
||||||
are permitted provided that the following conditions are met:
|
|
||||||
|
|
||||||
1. Redistributions of source code must retain the above copyright notice,
|
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
|
||||||
this list of conditions and the following disclaimer.
|
|
||||||
|
|
||||||
2. Redistributions in binary form must reproduce the above copyright notice,
|
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
|
||||||
this list of conditions and the following disclaimer in the documentation
|
|
||||||
and/or other materials provided with the distribution.
|
|
||||||
|
|
||||||
3. All advertising materials mentioning features or use of this software must
|
3. All advertising materials mentioning features or use of this software must display the following acknowledgment: "This product includes software developed by the Apache Group for use in the Apache HTTP server project (http://www.apache.org/)."
|
||||||
display the following acknowledgment: "This product includes software developed
|
|
||||||
by the Apache Group for use in the Apache HTTP server project (http://www.apache.org/)."
|
|
||||||
|
|
||||||
4. The names "Apache" and "Apache Software Foundation" must not be used to
|
4. The names "Apache" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org.
|
||||||
endorse or promote products derived from this software without prior written
|
|
||||||
permission. For written permission, please contact apache@apache.org.
|
|
||||||
|
|
||||||
5. Products derived from this software may not be called "Apache" nor may
|
5. Products derived from this software may not be called "Apache" nor may "Apache" appear in their name, without prior written permission of the Apache Group.
|
||||||
"Apache" appear in their name, without prior written permission of the Apache
|
|
||||||
Group.
|
|
||||||
|
|
||||||
6. Redistributions of any form whatsoever must retain the following acknowledgment:
|
6. Redistributions of any form whatsoever must retain the following acknowledgment:
|
||||||
"This product includes software developed by the Apache Group for use in the
|
"This product includes software developed by the Apache Group for use in the Apache HTTP server project (http://www.apache.org/)."
|
||||||
Apache HTTP server project (http://www.apache.org/)."
|
|
||||||
|
|
||||||
THIS SOFTWARE IS PROVIDED BY THE APACHE GROUP ``AS IS'' AND ANY EXPRESSED
|
THIS SOFTWARE IS PROVIDED BY THE APACHE GROUP ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE GROUP OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
||||||
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
|
|
||||||
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN
|
|
||||||
NO EVENT SHALL THE APACHE GROUP OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
|
|
||||||
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
|
|
||||||
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
|
|
||||||
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY
|
|
||||||
OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
|
|
||||||
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
|
|
||||||
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
|
||||||
|
|
||||||
This software consists of voluntary contributions made by many individuals
|
This software consists of voluntary contributions made by many individuals on behalf of the Apache Group and was originally based on public domain software written at the National Center for Supercomputing Applications, University of Illinois, Urbana-Champaign. For more information on the Apache Group and the Apache HTTP server project, please see <http://www.apache.org/>.
|
||||||
on behalf of the Apache Group and was originally based on public domain software
|
|
||||||
written at the National Center for Supercomputing Applications, University
|
|
||||||
of Illinois, Urbana-Champaign. For more information on the Apache Group and
|
|
||||||
the Apache HTTP server project, please see <http://www.apache.org/>.
|
|
||||||
|
|
|
@ -2,44 +2,20 @@ Apache License 1.1
|
||||||
|
|
||||||
Copyright (c) 2000 The Apache Software Foundation. All rights reserved.
|
Copyright (c) 2000 The Apache Software Foundation. All rights reserved.
|
||||||
|
|
||||||
Redistribution and use in source and binary forms, with or without modification,
|
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
|
||||||
are permitted provided that the following conditions are met:
|
|
||||||
|
|
||||||
1. Redistributions of source code must retain the above copyright notice,
|
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
|
||||||
this list of conditions and the following disclaimer.
|
|
||||||
|
|
||||||
2. Redistributions in binary form must reproduce the above copyright notice,
|
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
|
||||||
this list of conditions and the following disclaimer in the documentation
|
|
||||||
and/or other materials provided with the distribution.
|
|
||||||
|
|
||||||
3. The end-user documentation included with the redistribution, if any, must
|
3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment:
|
||||||
include the following acknowledgment:
|
"This product includes software developed by the Apache Software Foundation (http://www.apache.org/)."
|
||||||
"This product includes software developed by the Apache Software Foundation
|
Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.
|
||||||
(http://www.apache.org/)."
|
|
||||||
Alternately, this acknowledgment may appear in the software itself, if and
|
|
||||||
wherever such third-party acknowledgments normally appear.
|
|
||||||
|
|
||||||
4. The names "Apache" and "Apache Software Foundation" must not be used to
|
4. The names "Apache" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org.
|
||||||
endorse or promote products derived from this software without prior written
|
|
||||||
permission. For written permission, please contact apache@apache.org.
|
|
||||||
|
|
||||||
5. Products derived from this software may not be called "Apache" [ex. "Jakarta,"
|
5. Products derived from this software may not be called "Apache" [ex. "Jakarta," "Apache," or "Apache Commons,"] nor may "Apache" [ex. the names] appear in their name, without prior written permission of the Apache Software Foundation.
|
||||||
"Apache," or "Apache Commons,"] nor may "Apache" [ex. the names] appear in
|
|
||||||
their name, without prior written permission of the Apache Software Foundation.
|
|
||||||
|
|
||||||
THIS SOFTWARE IS PROVIDED ''AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES,
|
THIS SOFTWARE IS PROVIDED ''AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
||||||
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
|
|
||||||
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE
|
|
||||||
SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
|
|
||||||
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
|
|
||||||
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA,
|
|
||||||
OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
|
|
||||||
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
|
|
||||||
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
|
|
||||||
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
|
||||||
|
|
||||||
This software consists of voluntary contributions made by many individuals
|
This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation. For more information on the Apache Software Foundation, please see http://www.apache.org/. Portions of this software are based upon public domain software originally written at the National Center for Supercomputing Applications, University of Illinois, Urbana-Champaign.
|
||||||
on behalf of the Apache Software Foundation. For more information on the Apache
|
|
||||||
Software Foundation, please see http://www.apache.org/. Portions of this software
|
|
||||||
are based upon public domain software originally written at the National Center
|
|
||||||
for Supercomputing Applications, University of Illinois, Urbana-Champaign.
|
|
||||||
|
|
|
@ -6,167 +6,57 @@ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
|
||||||
|
|
||||||
1. Definitions.
|
1. Definitions.
|
||||||
|
|
||||||
"License" shall mean the terms and conditions for use, reproduction, and distribution
|
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
|
||||||
as defined by Sections 1 through 9 of this document.
|
|
||||||
|
|
||||||
"Licensor" shall mean the copyright owner or entity authorized by the copyright
|
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
|
||||||
owner that is granting the License.
|
|
||||||
|
|
||||||
"Legal Entity" shall mean the union of the acting entity and all other entities
|
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
|
||||||
that control, are controlled by, or are under common control with that entity.
|
|
||||||
For the purposes of this definition, "control" means (i) the power, direct
|
|
||||||
or indirect, to cause the direction or management of such entity, whether
|
|
||||||
by contract or otherwise, or (ii) ownership of fifty percent (50%) or more
|
|
||||||
of the outstanding shares, or (iii) beneficial ownership of such entity.
|
|
||||||
|
|
||||||
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions
|
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
|
||||||
granted by this License.
|
|
||||||
|
|
||||||
"Source" form shall mean the preferred form for making modifications, including
|
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
|
||||||
but not limited to software source code, documentation source, and configuration
|
|
||||||
files.
|
|
||||||
|
|
||||||
"Object" form shall mean any form resulting from mechanical transformation
|
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
|
||||||
or translation of a Source form, including but not limited to compiled object
|
|
||||||
code, generated documentation, and conversions to other media types.
|
|
||||||
|
|
||||||
"Work" shall mean the work of authorship, whether in Source or Object form,
|
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
|
||||||
made available under the License, as indicated by a copyright notice that
|
|
||||||
is included in or attached to the work (an example is provided in the Appendix
|
|
||||||
below).
|
|
||||||
|
|
||||||
"Derivative Works" shall mean any work, whether in Source or Object form,
|
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
|
||||||
that is based on (or derived from) the Work and for which the editorial revisions,
|
|
||||||
annotations, elaborations, or other modifications represent, as a whole, an
|
|
||||||
original work of authorship. For the purposes of this License, Derivative
|
|
||||||
Works shall not include works that remain separable from, or merely link (or
|
|
||||||
bind by name) to the interfaces of, the Work and Derivative Works thereof.
|
|
||||||
|
|
||||||
"Contribution" shall mean any work of authorship, including the original version
|
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
|
||||||
of the Work and any modifications or additions to that Work or Derivative
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|
||||||
Works thereof, that is intentionally submitted to Licensor for inclusion in
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|
||||||
the Work by the copyright owner or by an individual or Legal Entity authorized
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|
||||||
to submit on behalf of the copyright owner. For the purposes of this definition,
|
|
||||||
"submitted" means any form of electronic, verbal, or written communication
|
|
||||||
sent to the Licensor or its representatives, including but not limited to
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|
||||||
communication on electronic mailing lists, source code control systems, and
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|
||||||
issue tracking systems that are managed by, or on behalf of, the Licensor
|
|
||||||
for the purpose of discussing and improving the Work, but excluding communication
|
|
||||||
that is conspicuously marked or otherwise designated in writing by the copyright
|
|
||||||
owner as "Not a Contribution."
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|
||||||
|
|
||||||
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf
|
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
|
||||||
of whom a Contribution has been received by Licensor and subsequently incorporated
|
|
||||||
within the Work.
|
|
||||||
|
|
||||||
2. Grant of Copyright License. Subject to the terms and conditions of this
|
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
|
||||||
License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive,
|
|
||||||
no-charge, royalty-free, irrevocable copyright license to reproduce, prepare
|
|
||||||
Derivative Works of, publicly display, publicly perform, sublicense, and distribute
|
|
||||||
the Work and such Derivative Works in Source or Object form.
|
|
||||||
|
|
||||||
3. Grant of Patent License. Subject to the terms and conditions of this License,
|
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
|
||||||
each Contributor hereby grants to You a perpetual, worldwide, non-exclusive,
|
|
||||||
no-charge, royalty-free, irrevocable (except as stated in this section) patent
|
|
||||||
license to make, have made, use, offer to sell, sell, import, and otherwise
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|
||||||
transfer the Work, where such license applies only to those patent claims
|
|
||||||
licensable by such Contributor that are necessarily infringed by their Contribution(s)
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|
||||||
alone or by combination of their Contribution(s) with the Work to which such
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|
||||||
Contribution(s) was submitted. If You institute patent litigation against
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|
||||||
any entity (including a cross-claim or counterclaim in a lawsuit) alleging
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|
||||||
that the Work or a Contribution incorporated within the Work constitutes direct
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|
||||||
or contributory patent infringement, then any patent licenses granted to You
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|
||||||
under this License for that Work shall terminate as of the date such litigation
|
|
||||||
is filed.
|
|
||||||
|
|
||||||
4. Redistribution. You may reproduce and distribute copies of the Work or
|
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
|
||||||
Derivative Works thereof in any medium, with or without modifications, and
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|
||||||
in Source or Object form, provided that You meet the following conditions:
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|
||||||
|
|
||||||
(a) You must give any other recipients of the Work or Derivative Works a copy
|
(a) You must give any other recipients of the Work or Derivative Works a copy of this License; and
|
||||||
of this License; and
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|
||||||
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|
||||||
(b) You must cause any modified files to carry prominent notices stating that
|
(b) You must cause any modified files to carry prominent notices stating that You changed the files; and
|
||||||
You changed the files; and
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|
||||||
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|
||||||
(c) You must retain, in the Source form of any Derivative Works that You distribute,
|
(c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
|
||||||
all copyright, patent, trademark, and attribution notices from the Source
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|
||||||
form of the Work, excluding those notices that do not pertain to any part
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|
||||||
of the Derivative Works; and
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|
||||||
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|
||||||
(d) If the Work includes a "NOTICE" text file as part of its distribution,
|
(d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
|
||||||
then any Derivative Works that You distribute must include a readable copy
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|
||||||
of the attribution notices contained within such NOTICE file, excluding those
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|
||||||
notices that do not pertain to any part of the Derivative Works, in at least
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|
||||||
one of the following places: within a NOTICE text file distributed as part
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|
||||||
of the Derivative Works; within the Source form or documentation, if provided
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|
||||||
along with the Derivative Works; or, within a display generated by the Derivative
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|
||||||
Works, if and wherever such third-party notices normally appear. The contents
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|
||||||
of the NOTICE file are for informational purposes only and do not modify the
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|
||||||
License. You may add Your own attribution notices within Derivative Works
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|
||||||
that You distribute, alongside or as an addendum to the NOTICE text from the
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|
||||||
Work, provided that such additional attribution notices cannot be construed
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|
||||||
as modifying the License.
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|
||||||
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|
||||||
You may add Your own copyright statement to Your modifications and may provide
|
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
|
||||||
additional or different license terms and conditions for use, reproduction,
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|
||||||
or distribution of Your modifications, or for any such Derivative Works as
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|
||||||
a whole, provided Your use, reproduction, and distribution of the Work otherwise
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|
||||||
complies with the conditions stated in this License.
|
|
||||||
|
|
||||||
5. Submission of Contributions. Unless You explicitly state otherwise, any
|
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
|
||||||
Contribution intentionally submitted for inclusion in the Work by You to the
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|
||||||
Licensor shall be under the terms and conditions of this License, without
|
|
||||||
any additional terms or conditions. Notwithstanding the above, nothing herein
|
|
||||||
shall supersede or modify the terms of any separate license agreement you
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|
||||||
may have executed with Licensor regarding such Contributions.
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|
||||||
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|
||||||
6. Trademarks. This License does not grant permission to use the trade names,
|
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
|
||||||
trademarks, service marks, or product names of the Licensor, except as required
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|
||||||
for reasonable and customary use in describing the origin of the Work and
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|
||||||
reproducing the content of the NOTICE file.
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|
||||||
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|
||||||
7. Disclaimer of Warranty. Unless required by applicable law or agreed to
|
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
|
||||||
in writing, Licensor provides the Work (and each Contributor provides its
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|
||||||
Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
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|
||||||
KIND, either express or implied, including, without limitation, any warranties
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|
||||||
or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR
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|
||||||
A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness
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|
||||||
of using or redistributing the Work and assume any risks associated with Your
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|
||||||
exercise of permissions under this License.
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|
||||||
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|
||||||
8. Limitation of Liability. In no event and under no legal theory, whether
|
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
|
||||||
in tort (including negligence), contract, or otherwise, unless required by
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|
||||||
applicable law (such as deliberate and grossly negligent acts) or agreed to
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|
||||||
in writing, shall any Contributor be liable to You for damages, including
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|
||||||
any direct, indirect, special, incidental, or consequential damages of any
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|
||||||
character arising as a result of this License or out of the use or inability
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|
||||||
to use the Work (including but not limited to damages for loss of goodwill,
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|
||||||
work stoppage, computer failure or malfunction, or any and all other commercial
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|
||||||
damages or losses), even if such Contributor has been advised of the possibility
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|
||||||
of such damages.
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|
||||||
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|
||||||
9. Accepting Warranty or Additional Liability. While redistributing the Work
|
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
|
||||||
or Derivative Works thereof, You may choose to offer, and charge a fee for,
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|
||||||
acceptance of support, warranty, indemnity, or other liability obligations
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|
||||||
and/or rights consistent with this License. However, in accepting such obligations,
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|
||||||
You may act only on Your own behalf and on Your sole responsibility, not on
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|
||||||
behalf of any other Contributor, and only if You agree to indemnify, defend,
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|
||||||
and hold each Contributor harmless for any liability incurred by, or claims
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|
||||||
asserted against, such Contributor by reason of your accepting any such warranty
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|
||||||
or additional liability.
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|
||||||
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|
||||||
END OF TERMS AND CONDITIONS
|
END OF TERMS AND CONDITIONS
|
||||||
|
|
||||||
APPENDIX: How to apply the Apache License to your work.
|
APPENDIX: How to apply the Apache License to your work.
|
||||||
|
|
||||||
To apply the Apache License to your work, attach the following boilerplate
|
To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives.
|
||||||
notice, with the fields enclosed by brackets "[]" replaced with your own identifying
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|
||||||
information. (Don't include the brackets!) The text should be enclosed in
|
|
||||||
the appropriate comment syntax for the file format. We also recommend that
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|
||||||
a file or class name and description of purpose be included on the same "printed
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|
||||||
page" as the copyright notice for easier identification within third-party
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|
||||||
archives.
|
|
||||||
|
|
||||||
Copyright [yyyy] [name of copyright owner]
|
Copyright [yyyy] [name of copyright owner]
|
||||||
|
|
||||||
|
|
|
@ -2,92 +2,48 @@ The Artistic License
|
||||||
|
|
||||||
Preamble
|
Preamble
|
||||||
|
|
||||||
The intent of this document is to state the conditions under which a Package
|
The intent of this document is to state the conditions under which a Package may be copied, such that the Copyright Holder maintains some semblance of artistic control over the development of the package, while giving the users of the package the right to use and distribute the Package in a more-or-less customary fashion, plus the right to make reasonable modifications.
|
||||||
may be copied, such that the Copyright Holder maintains some semblance of
|
|
||||||
artistic control over the development of the package, while giving the users
|
|
||||||
of the package the right to use and distribute the Package in a more-or-less
|
|
||||||
customary fashion, plus the right to make reasonable modifications.
|
|
||||||
|
|
||||||
Definitions:
|
Definitions:
|
||||||
|
|
||||||
"Package" refers to the collection of files distributed by the Copyright Holder,
|
"Package" refers to the collection of files distributed by the Copyright Holder, and derivatives of that collection of files created through textual modification.
|
||||||
and derivatives of that collection of files created through textual modification.
|
|
||||||
|
|
||||||
"Standard Version" refers to such a Package if it has not been modified, or
|
"Standard Version" refers to such a Package if it has not been modified, or has been modified in accordance with the wishes of the Copyright Holder.
|
||||||
has been modified in accordance with the wishes of the Copyright Holder.
|
|
||||||
|
|
||||||
"Copyright Holder" is whoever is named in the copyright or copyrights for
|
"Copyright Holder" is whoever is named in the copyright or copyrights for the package.
|
||||||
the package.
|
|
||||||
|
|
||||||
"You" is you, if you're thinking about copying or distributing this Package.
|
"You" is you, if you're thinking about copying or distributing this Package.
|
||||||
|
|
||||||
"Reasonable copying fee" is whatever you can justify on the basis of media
|
"Reasonable copying fee" is whatever you can justify on the basis of media cost, duplication charges, time of people involved, and so on. (You will not be required to justify it to the Copyright Holder, but only to the computing community at large as a market that must bear the fee.)
|
||||||
cost, duplication charges, time of people involved, and so on. (You will not
|
|
||||||
be required to justify it to the Copyright Holder, but only to the computing
|
|
||||||
community at large as a market that must bear the fee.)
|
|
||||||
|
|
||||||
"Freely Available" means that no fee is charged for the item itself, though
|
"Freely Available" means that no fee is charged for the item itself, though there may be fees involved in handling the item. It also means that recipients of the item may redistribute it under the same conditions they received it.
|
||||||
there may be fees involved in handling the item. It also means that recipients
|
|
||||||
of the item may redistribute it under the same conditions they received it.
|
|
||||||
|
|
||||||
1. You may make and give away verbatim copies of the source form of the Standard
|
1. You may make and give away verbatim copies of the source form of the Standard Version of this Package without restriction, provided that you duplicate all of the original copyright notices and associated disclaimers.
|
||||||
Version of this Package without restriction, provided that you duplicate all
|
|
||||||
of the original copyright notices and associated disclaimers.
|
|
||||||
|
|
||||||
2. You may apply bug fixes, portability fixes and other modifications derived
|
2. You may apply bug fixes, portability fixes and other modifications derived from the Public Domain or from the Copyright Holder. A Package modified in such a way shall still be considered the Standard Version.
|
||||||
from the Public Domain or from the Copyright Holder. A Package modified in
|
|
||||||
such a way shall still be considered the Standard Version.
|
|
||||||
|
|
||||||
3. You may otherwise modify your copy of this Package in any way, provided
|
3. You may otherwise modify your copy of this Package in any way, provided that you insert a prominent notice in each changed file stating how and when you changed that file, and provided that you do at least ONE of the following:
|
||||||
that you insert a prominent notice in each changed file stating how and when
|
|
||||||
you changed that file, and provided that you do at least ONE of the following:
|
|
||||||
|
|
||||||
a) place your modifications in the Public Domain or otherwise make them Freely
|
a) place your modifications in the Public Domain or otherwise make them Freely Available, such as by posting said modifications to Usenet or an equivalent medium, or placing the modifications on a major archive site such as ftp.uu.net, or by allowing the Copyright Holder to include your modifications in the Standard Version of the Package.
|
||||||
Available, such as by posting said modifications to Usenet or an equivalent
|
|
||||||
medium, or placing the modifications on a major archive site such as ftp.uu.net,
|
|
||||||
or by allowing the Copyright Holder to include your modifications in the Standard
|
|
||||||
Version of the Package.
|
|
||||||
b) use the modified Package only within your corporation or organization.
|
b) use the modified Package only within your corporation or organization.
|
||||||
c) rename any non-standard executables so the names do not conflict with standard
|
c) rename any non-standard executables so the names do not conflict with standard executables, which must also be provided, and provide a separate manual page for each non-standard executable that clearly documents how it differs from the Standard Version.
|
||||||
executables, which must also be provided, and provide a separate manual page
|
|
||||||
for each non-standard executable that clearly documents how it differs from
|
|
||||||
the Standard Version.
|
|
||||||
d) make other distribution arrangements with the Copyright Holder.
|
d) make other distribution arrangements with the Copyright Holder.
|
||||||
|
|
||||||
4. You may distribute the programs of this Package in object code or executable
|
4. You may distribute the programs of this Package in object code or executable form, provided that you do at least ONE of the following:
|
||||||
form, provided that you do at least ONE of the following:
|
|
||||||
|
|
||||||
a) distribute a Standard Version of the executables and library files, together
|
a) distribute a Standard Version of the executables and library files, together with instructions (in the manual page or equivalent) on where to get the Standard Version.
|
||||||
with instructions (in the manual page or equivalent) on where to get the Standard
|
b) accompany the distribution with the machine-readable source of the Package with your modifications.
|
||||||
Version.
|
c) accompany any non-standard executables with their corresponding Standard Version executables, giving the non-standard executables non-standard names, and clearly documenting the differences in manual pages (or equivalent), together with instructions on where to get the Standard Version.
|
||||||
b) accompany the distribution with the machine-readable source of the Package
|
|
||||||
with your modifications.
|
|
||||||
c) accompany any non-standard executables with their corresponding Standard
|
|
||||||
Version executables, giving the non-standard executables non-standard names,
|
|
||||||
and clearly documenting the differences in manual pages (or equivalent), together
|
|
||||||
with instructions on where to get the Standard Version.
|
|
||||||
d) make other distribution arrangements with the Copyright Holder.
|
d) make other distribution arrangements with the Copyright Holder.
|
||||||
|
|
||||||
5. You may charge a reasonable copying fee for any distribution of this Package.
|
5. You may charge a reasonable copying fee for any distribution of this Package. You may charge any fee you choose for support of this Package. You may not charge a fee for this Package itself. However, you may distribute this Package in aggregate with other (possibly commercial) programs as part of a larger (possibly commercial) software distribution provided that you do not advertise this Package as a product of your own.
|
||||||
You may charge any fee you choose for support of this Package. You may not
|
|
||||||
charge a fee for this Package itself. However, you may distribute this Package
|
|
||||||
in aggregate with other (possibly commercial) programs as part of a larger
|
|
||||||
(possibly commercial) software distribution provided that you do not advertise
|
|
||||||
this Package as a product of your own.
|
|
||||||
|
|
||||||
6. The scripts and library files supplied as input to or produced as output
|
6. The scripts and library files supplied as input to or produced as output from the programs of this Package do not automatically fall under the copyright of this Package, but belong to whomever generated them, and may be sold commercially, and may be aggregated with this Package.
|
||||||
from the programs of this Package do not automatically fall under the copyright
|
|
||||||
of this Package, but belong to whomever generated them, and may be sold commercially,
|
|
||||||
and may be aggregated with this Package.
|
|
||||||
|
|
||||||
7. C or perl subroutines supplied by you and linked into this Package shall
|
7. C or perl subroutines supplied by you and linked into this Package shall not be considered part of this Package.
|
||||||
not be considered part of this Package.
|
|
||||||
|
|
||||||
8. The name of the Copyright Holder may not be used to endorse or promote
|
8. The name of the Copyright Holder may not be used to endorse or promote products derived from this software without specific prior written permission.
|
||||||
products derived from this software without specific prior written permission.
|
|
||||||
|
|
||||||
9. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES,
|
9. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
|
||||||
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND
|
|
||||||
FITNESS FOR A PARTICULAR PURPOSE.
|
|
||||||
|
|
||||||
The End
|
The End
|
||||||
|
|
|
@ -2,110 +2,50 @@ The "Artistic License"
|
||||||
|
|
||||||
Preamble
|
Preamble
|
||||||
|
|
||||||
The intent of this document is to state the conditions under which a Package
|
The intent of this document is to state the conditions under which a Package may be copied, such that the Copyright Holder maintains some semblance of artistic control over the development of the package, while giving the users of the package the right to use and distribute the Package in a more-or-less customary fashion, plus the right to make reasonable modifications.
|
||||||
may be copied, such that the Copyright Holder maintains some semblance of
|
|
||||||
artistic control over the development of the package, while giving the users
|
|
||||||
of the package the right to use and distribute the Package in a more-or-less
|
|
||||||
customary fashion, plus the right to make reasonable modifications.
|
|
||||||
|
|
||||||
Definitions:
|
Definitions:
|
||||||
|
|
||||||
"Package" refers to the collection of files distributed by the Copyright Holder,
|
"Package" refers to the collection of files distributed by the Copyright Holder, and derivatives of that collection of files created through textual modification.
|
||||||
and derivatives of that collection of files created through textual modification.
|
|
||||||
|
|
||||||
"Standard Version" refers to such a Package if it has not been modified, or
|
"Standard Version" refers to such a Package if it has not been modified, or has been modified in accordance with the wishes of the Copyright Holder as specified below.
|
||||||
has been modified in accordance with the wishes of the Copyright Holder as
|
|
||||||
specified below.
|
|
||||||
|
|
||||||
"Copyright Holder" is whoever is named in the copyright or copyrights for
|
"Copyright Holder" is whoever is named in the copyright or copyrights for the package.
|
||||||
the package.
|
|
||||||
|
|
||||||
"You" is you, if you're thinking about copying or distributing this Package.
|
"You" is you, if you're thinking about copying or distributing this Package.
|
||||||
|
|
||||||
"Reasonable copying fee" is whatever you can justify on the basis of media
|
"Reasonable copying fee" is whatever you can justify on the basis of media cost, duplication charges, time of people involved, and so on. (You will not be required to justify it to the Copyright Holder, but only to the computing community at large as a market that must bear the fee.)
|
||||||
cost, duplication charges, time of people involved, and so on. (You will
|
|
||||||
not be required to justify it to the Copyright Holder, but only to the computing
|
|
||||||
community at large as a market that must bear the fee.)
|
|
||||||
|
|
||||||
"Freely Available" means that no fee is charged for the item itself, though
|
"Freely Available" means that no fee is charged for the item itself, though there may be fees involved in handling the item. It also means that recipients of the item may redistribute it under the same conditions they received it.
|
||||||
there may be fees involved in handling the item. It also means that recipients
|
|
||||||
of the item may redistribute it under the same conditions they received it.
|
|
||||||
|
|
||||||
1. You may make and give away verbatim copies of the source form of the Standard
|
1. You may make and give away verbatim copies of the source form of the Standard Version of this Package without restriction, provided that you duplicate all of the original copyright notices and associated disclaimers.
|
||||||
Version of this Package without restriction, provided that you duplicate all
|
|
||||||
of the original copyright notices and associated disclaimers.
|
|
||||||
|
|
||||||
2. You may apply bug fixes, portability fixes and other modifications derived
|
2. You may apply bug fixes, portability fixes and other modifications derived from the Public Domain or from the Copyright Holder. A Package modified in such a way shall still be considered the Standard Version.
|
||||||
from the Public Domain or from the Copyright Holder. A Package modified in
|
|
||||||
such a way shall still be considered the Standard Version.
|
|
||||||
|
|
||||||
3. You may otherwise modify your copy of this Package in any way, provided
|
3. You may otherwise modify your copy of this Package in any way, provided that you insert a prominent notice in each changed file stating how and when you changed that file, and provided that you do at least ONE of the following:
|
||||||
that you insert a prominent notice in each changed file stating how and when
|
|
||||||
you changed that file, and provided that you do at least ONE of the following:
|
|
||||||
|
|
||||||
a) place your modifications in the Public Domain or otherwise make them Freely
|
a) place your modifications in the Public Domain or otherwise make them Freely Available, such as by posting said modifications to Usenet or an equivalent medium, or placing the modifications on a major archive site such as uunet.uu.net, or by allowing the Copyright Holder to include your modifications in the Standard Version of the Package.
|
||||||
Available, such as by posting said modifications to Usenet or an equivalent
|
|
||||||
medium, or placing the modifications on a major archive site such as uunet.uu.net,
|
|
||||||
or by allowing the Copyright Holder to include your modifications in the Standard
|
|
||||||
Version of the Package.
|
|
||||||
b) use the modified Package only within your corporation or organization.
|
b) use the modified Package only within your corporation or organization.
|
||||||
c) rename any non-standard executables so the names do not conflict with standard
|
c) rename any non-standard executables so the names do not conflict with standard executables, which must also be provided, and provide a separate manual page for each non-standard executable that clearly documents how it differs from the Standard Version.
|
||||||
executables, which must also be provided, and provide a separate manual page
|
|
||||||
for each non-standard executable that clearly documents how it differs from
|
|
||||||
the Standard Version.
|
|
||||||
d) make other distribution arrangements with the Copyright Holder.
|
d) make other distribution arrangements with the Copyright Holder.
|
||||||
|
|
||||||
4. You may distribute the programs of this Package in object code or executable
|
4. You may distribute the programs of this Package in object code or executable form, provided that you do at least ONE of the following:
|
||||||
form, provided that you do at least ONE of the following:
|
|
||||||
|
|
||||||
a) distribute a Standard Version of the executables and library files, together
|
a) distribute a Standard Version of the executables and library files, together with instructions (in the manual page or equivalent) on where to get the Standard Version.
|
||||||
with instructions (in the manual page or equivalent) on where to get the Standard
|
b) accompany the distribution with the machine-readable source of the Package with your modifications.
|
||||||
Version.
|
c) give non-standard executables non-standard names, and clearly document the differences in manual pages (or equivalent), together with instructions on where to get the Standard Version.
|
||||||
b) accompany the distribution with the machine-readable source of the Package
|
|
||||||
with your modifications.
|
|
||||||
c) give non-standard executables non-standard names, and clearly document
|
|
||||||
the differences in manual pages (or equivalent), together with instructions
|
|
||||||
on where to get the Standard Version.
|
|
||||||
d) make other distribution arrangements with the Copyright Holder.
|
d) make other distribution arrangements with the Copyright Holder.
|
||||||
|
|
||||||
5. You may charge a reasonable copying fee for any distribution of this Package.
|
5. You may charge a reasonable copying fee for any distribution of this Package. You may charge any fee you choose for support of this Package. You may not charge a fee for this Package itself. However, you may distribute this Package in aggregate with other (possibly commercial) programs as part of a larger (possibly commercial) software distribution provided that you do not advertise this Package as a product of your own. You may embed this Package's interpreter within an executable of yours (by linking); this shall be construed as a mere form of aggregation, provided that the complete Standard Version of the interpreter is so embedded.
|
||||||
You may charge any fee you choose for support of this Package. You may not
|
|
||||||
charge a fee for this Package itself. However, you may distribute this Package
|
|
||||||
in aggregate with other (possibly commercial) programs as part of a larger
|
|
||||||
(possibly commercial) software distribution provided that you do not advertise
|
|
||||||
this Package as a product of your own. You may embed this Package's interpreter
|
|
||||||
within an executable of yours (by linking); this shall be construed as a mere
|
|
||||||
form of aggregation, provided that the complete Standard Version of the interpreter
|
|
||||||
is so embedded.
|
|
||||||
|
|
||||||
6. The scripts and library files supplied as input to or produced as output
|
6. The scripts and library files supplied as input to or produced as output from the programs of this Package do not automatically fall under the copyright of this Package, but belong to whoever generated them, and may be sold commercially, and may be aggregated with this Package. If such scripts or library files are aggregated with this Package via the so-called "undump" or "unexec" methods of producing a binary executable image, then distribution of such an image shall neither be construed as a distribution of this Package nor shall it fall under the restrictions of Paragraphs 3 and 4, provided that you do not represent such an executable image as a Standard Version of this Package.
|
||||||
from the programs of this Package do not automatically fall under the copyright
|
|
||||||
of this Package, but belong to whoever generated them, and may be sold commercially,
|
|
||||||
and may be aggregated with this Package. If such scripts or library files
|
|
||||||
are aggregated with this Package via the so-called "undump" or "unexec" methods
|
|
||||||
of producing a binary executable image, then distribution of such an image
|
|
||||||
shall neither be construed as a distribution of this Package nor shall it
|
|
||||||
fall under the restrictions of Paragraphs 3 and 4, provided that you do not
|
|
||||||
represent such an executable image as a Standard Version of this Package.
|
|
||||||
|
|
||||||
7. C subroutines (or comparably compiled subroutines in other languages) supplied
|
7. C subroutines (or comparably compiled subroutines in other languages) supplied by you and linked into this Package in order to emulate subroutines and variables of the language defined by this Package shall not be considered part of this Package, but are the equivalent of input as in Paragraph 6, provided these subroutines do not change the language in any way that would cause it to fail the regression tests for the language.
|
||||||
by you and linked into this Package in order to emulate subroutines and variables
|
|
||||||
of the language defined by this Package shall not be considered part of this
|
|
||||||
Package, but are the equivalent of input as in Paragraph 6, provided these
|
|
||||||
subroutines do not change the language in any way that would cause it to fail
|
|
||||||
the regression tests for the language.
|
|
||||||
|
|
||||||
8. Aggregation of this Package with a commercial distribution is always permitted
|
8. Aggregation of this Package with a commercial distribution is always permitted provided that the use of this Package is embedded; that is, when no overt attempt is made to make this Package's interfaces visible to the end user of the commercial distribution. Such use shall not be construed as a distribution of this Package.
|
||||||
provided that the use of this Package is embedded; that is, when no overt
|
|
||||||
attempt is made to make this Package's interfaces visible to the end user
|
|
||||||
of the commercial distribution. Such use shall not be construed as a distribution
|
|
||||||
of this Package.
|
|
||||||
|
|
||||||
9. The name of the Copyright Holder may not be used to endorse or promote
|
9. The name of the Copyright Holder may not be used to endorse or promote products derived from this software without specific prior written permission.
|
||||||
products derived from this software without specific prior written permission.
|
|
||||||
|
|
||||||
10. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES,
|
10. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
|
||||||
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND
|
|
||||||
FITNESS FOR A PARTICULAR PURPOSE.
|
|
||||||
|
|
||||||
The End
|
The End
|
||||||
|
|
|
@ -2,98 +2,50 @@ The Artistic License
|
||||||
|
|
||||||
Preamble
|
Preamble
|
||||||
|
|
||||||
The intent of this document is to state the conditions under which a Package
|
The intent of this document is to state the conditions under which a Package may be copied, such that the Copyright Holder maintains some semblance of artistic control over the development of the package, while giving the users of the package the right to use and distribute the Package in a more-or-less customary fashion, plus the right to make reasonable modifications.
|
||||||
may be copied, such that the Copyright Holder maintains some semblance of
|
|
||||||
artistic control over the development of the package, while giving the users
|
|
||||||
of the package the right to use and distribute the Package in a more-or-less
|
|
||||||
customary fashion, plus the right to make reasonable modifications.
|
|
||||||
|
|
||||||
Definitions:
|
Definitions:
|
||||||
|
|
||||||
"Package" refers to the collection of files distributed by the Copyright Holder,
|
"Package" refers to the collection of files distributed by the Copyright Holder, and derivatives of that collection of files created through textual modification.
|
||||||
and derivatives of that collection of files created through textual modification.
|
|
||||||
|
|
||||||
"Standard Version" refers to such a Package if it has not been modified, or
|
"Standard Version" refers to such a Package if it has not been modified, or has been modified in accordance with the wishes of the Copyright Holder.
|
||||||
has been modified in accordance with the wishes of the Copyright Holder.
|
|
||||||
|
|
||||||
"Copyright Holder" is whoever is named in the copyright or copyrights for
|
"Copyright Holder" is whoever is named in the copyright or copyrights for the package.
|
||||||
the package.
|
|
||||||
|
|
||||||
"You" is you, if you're thinking about copying or distributing this Package.
|
"You" is you, if you're thinking about copying or distributing this Package.
|
||||||
|
|
||||||
"Reasonable copying fee" is whatever you can justify on the basis of media
|
"Reasonable copying fee" is whatever you can justify on the basis of media cost, duplication charges, time of people involved, and so on. (You will not be required to justify it to the Copyright Holder, but only to the computing community at large as a market that must bear the fee.)
|
||||||
cost, duplication charges, time of people involved, and so on. (You will not
|
|
||||||
be required to justify it to the Copyright Holder, but only to the computing
|
|
||||||
community at large as a market that must bear the fee.)
|
|
||||||
|
|
||||||
"Freely Available" means that no fee is charged for the item itself, though
|
"Freely Available" means that no fee is charged for the item itself, though there may be fees involved in handling the item. It also means that recipients of the item may redistribute it under the same conditions they received it.
|
||||||
there may be fees involved in handling the item. It also means that recipients
|
|
||||||
of the item may redistribute it under the same conditions they received it.
|
|
||||||
|
|
||||||
1. You may make and give away verbatim copies of the source form of the Standard
|
1. You may make and give away verbatim copies of the source form of the Standard Version of this Package without restriction, provided that you duplicate all of the original copyright notices and associated disclaimers.
|
||||||
Version of this Package without restriction, provided that you duplicate all
|
|
||||||
of the original copyright notices and associated disclaimers.
|
|
||||||
|
|
||||||
2. You may apply bug fixes, portability fixes and other modifications derived
|
2. You may apply bug fixes, portability fixes and other modifications derived from the Public Domain or from the Copyright Holder. A Package modified in such a way shall still be considered the Standard Version.
|
||||||
from the Public Domain or from the Copyright Holder. A Package modified in
|
|
||||||
such a way shall still be considered the Standard Version.
|
|
||||||
|
|
||||||
3. You may otherwise modify your copy of this Package in any way, provided
|
3. You may otherwise modify your copy of this Package in any way, provided that you insert a prominent notice in each changed file stating how and when you changed that file, and provided that you do at least ONE of the following:
|
||||||
that you insert a prominent notice in each changed file stating how and when
|
|
||||||
you changed that file, and provided that you do at least ONE of the following:
|
|
||||||
|
|
||||||
a) place your modifications in the Public Domain or otherwise make them Freely
|
a) place your modifications in the Public Domain or otherwise make them Freely Available, such as by posting said modifications to Usenet or an equivalent medium, or placing the modifications on a major archive site such as ftp.uu.net, or by allowing the Copyright Holder to include your modifications in the Standard Version of the Package.
|
||||||
Available, such as by posting said modifications to Usenet or an equivalent
|
|
||||||
medium, or placing the modifications on a major archive site such as ftp.uu.net,
|
|
||||||
or by allowing the Copyright Holder to include your modifications in the Standard
|
|
||||||
Version of the Package.
|
|
||||||
b) use the modified Package only within your corporation or organization.
|
b) use the modified Package only within your corporation or organization.
|
||||||
c) rename any non-standard executables so the names do not conflict with standard
|
c) rename any non-standard executables so the names do not conflict with standard executables, which must also be provided, and provide a separate manual page for each non-standard executable that clearly documents how it differs from the Standard Version.
|
||||||
executables, which must also be provided, and provide a separate manual page
|
|
||||||
for each non-standard executable that clearly documents how it differs from
|
|
||||||
the Standard Version.
|
|
||||||
d) make other distribution arrangements with the Copyright Holder.
|
d) make other distribution arrangements with the Copyright Holder.
|
||||||
|
|
||||||
4. You may distribute the programs of this Package in object code or executable
|
4. You may distribute the programs of this Package in object code or executable form, provided that you do at least ONE of the following:
|
||||||
form, provided that you do at least ONE of the following:
|
|
||||||
|
|
||||||
a) distribute a Standard Version of the executables and library files, together
|
a) distribute a Standard Version of the executables and library files, together with instructions (in the manual page or equivalent) on where to get the Standard Version.
|
||||||
with instructions (in the manual page or equivalent) on where to get the Standard
|
b) accompany the distribution with the machine-readable source of the Package with your modifications.
|
||||||
Version.
|
c) accompany any non-standard executables with their corresponding Standard Version executables, giving the non-standard executables non-standard names, and clearly documenting the differences in manual pages (or equivalent), together with instructions on where to get the Standard Version.
|
||||||
b) accompany the distribution with the machine-readable source of the Package
|
|
||||||
with your modifications.
|
|
||||||
c) accompany any non-standard executables with their corresponding Standard
|
|
||||||
Version executables, giving the non-standard executables non-standard names,
|
|
||||||
and clearly documenting the differences in manual pages (or equivalent), together
|
|
||||||
with instructions on where to get the Standard Version.
|
|
||||||
d) make other distribution arrangements with the Copyright Holder.
|
d) make other distribution arrangements with the Copyright Holder.
|
||||||
|
|
||||||
5. You may charge a reasonable copying fee for any distribution of this Package.
|
5. You may charge a reasonable copying fee for any distribution of this Package. You may charge any fee you choose for support of this Package. You may not charge a fee for this Package itself. However, you may distribute this Package in aggregate with other (possibly commercial) programs as part of a larger (possibly commercial) software distribution provided that you do not advertise this Package as a product of your own.
|
||||||
You may charge any fee you choose for support of this Package. You may not
|
|
||||||
charge a fee for this Package itself. However, you may distribute this Package
|
|
||||||
in aggregate with other (possibly commercial) programs as part of a larger
|
|
||||||
(possibly commercial) software distribution provided that you do not advertise
|
|
||||||
this Package as a product of your own.
|
|
||||||
|
|
||||||
6. The scripts and library files supplied as input to or produced as output
|
6. The scripts and library files supplied as input to or produced as output from the programs of this Package do not automatically fall under the copyright of this Package, but belong to whomever generated them, and may be sold commercially, and may be aggregated with this Package.
|
||||||
from the programs of this Package do not automatically fall under the copyright
|
|
||||||
of this Package, but belong to whomever generated them, and may be sold commercially,
|
|
||||||
and may be aggregated with this Package.
|
|
||||||
|
|
||||||
7. C or perl subroutines supplied by you and linked into this Package shall
|
7. C or perl subroutines supplied by you and linked into this Package shall not be considered part of this Package.
|
||||||
not be considered part of this Package.
|
|
||||||
|
|
||||||
8.Aggregation of this Package with a commercial distribution is always permitted
|
8.Aggregation of this Package with a commercial distribution is always permitted provided that the use of this Package is embedded; that is, when no overt attempt is made to make this Package's interfaces visible to the end user of the commercial distribution. Such use shall not be construed as a distribution of this Package.
|
||||||
provided that the use of this Package is embedded; that is, when no overt
|
|
||||||
attempt is made to make this Package's interfaces visible to the end user
|
|
||||||
of the commercial distribution. Such use shall not be construed as a distribution
|
|
||||||
of this Package.
|
|
||||||
|
|
||||||
9. The name of the Copyright Holder may not be used to endorse or promote
|
9. The name of the Copyright Holder may not be used to endorse or promote products derived from this software without specific prior written permission.
|
||||||
products derived from this software without specific prior written permission.
|
|
||||||
|
|
||||||
10. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES,
|
10. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
|
||||||
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND
|
|
||||||
FITNESS FOR A PARTICULAR PURPOSE.
|
|
||||||
|
|
||||||
The End
|
The End
|
||||||
|
|
|
@ -2,171 +2,84 @@ The Artistic License 2.0
|
||||||
|
|
||||||
Copyright (c) 2000-2006, The Perl Foundation.
|
Copyright (c) 2000-2006, The Perl Foundation.
|
||||||
|
|
||||||
Everyone is permitted to copy and distribute verbatim copies of this license
|
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
|
||||||
document, but changing it is not allowed.
|
|
||||||
|
|
||||||
Preamble
|
Preamble
|
||||||
|
|
||||||
This license establishes the terms under which a given free software Package
|
This license establishes the terms under which a given free software Package may be copied, modified, distributed, and/or redistributed. The intent is that the Copyright Holder maintains some artistic control over the development of that Package while still keeping the Package available as open source and free software.
|
||||||
may be copied, modified, distributed, and/or redistributed. The intent is
|
|
||||||
that the Copyright Holder maintains some artistic control over the development
|
|
||||||
of that Package while still keeping the Package available as open source and
|
|
||||||
free software.
|
|
||||||
|
|
||||||
You are always permitted to make arrangements wholly outside of this license
|
You are always permitted to make arrangements wholly outside of this license directly with the Copyright Holder of a given Package. If the terms of this license do not permit the full use that you propose to make of the Package, you should contact the Copyright Holder and seek a different licensing arrangement.
|
||||||
directly with the Copyright Holder of a given Package. If the terms of this
|
|
||||||
license do not permit the full use that you propose to make of the Package,
|
|
||||||
you should contact the Copyright Holder and seek a different licensing arrangement.
|
|
||||||
|
|
||||||
Definitions
|
Definitions
|
||||||
|
|
||||||
"Copyright Holder" means the individual(s) or organization(s) named in the
|
"Copyright Holder" means the individual(s) or organization(s) named in the copyright notice for the entire Package.
|
||||||
copyright notice for the entire Package.
|
|
||||||
|
|
||||||
"Contributor" means any party that has contributed code or other material
|
"Contributor" means any party that has contributed code or other material to the Package, in accordance with the Copyright Holder's procedures.
|
||||||
to the Package, in accordance with the Copyright Holder's procedures.
|
|
||||||
|
|
||||||
"You" and "your" means any person who would like to copy, distribute, or modify
|
"You" and "your" means any person who would like to copy, distribute, or modify the Package.
|
||||||
the Package.
|
|
||||||
|
|
||||||
"Package" means the collection of files distributed by the Copyright Holder,
|
"Package" means the collection of files distributed by the Copyright Holder, and derivatives of that collection and/or of those files. A given Package may consist of either the Standard Version, or a Modified Version.
|
||||||
and derivatives of that collection and/or of those files. A given Package
|
|
||||||
may consist of either the Standard Version, or a Modified Version.
|
|
||||||
|
|
||||||
"Distribute" means providing a copy of the Package or making it accessible
|
"Distribute" means providing a copy of the Package or making it accessible to anyone else, or in the case of a company or organization, to others outside of your company or organization.
|
||||||
to anyone else, or in the case of a company or organization, to others outside
|
|
||||||
of your company or organization.
|
|
||||||
|
|
||||||
"Distributor Fee" means any fee that you charge for Distributing this Package
|
"Distributor Fee" means any fee that you charge for Distributing this Package or providing support for this Package to another party. It does not mean licensing fees.
|
||||||
or providing support for this Package to another party. It does not mean
|
|
||||||
licensing fees.
|
|
||||||
|
|
||||||
"Standard Version" refers to the Package if it has not been modified, or has
|
"Standard Version" refers to the Package if it has not been modified, or has been modified only in ways explicitly requested by the Copyright Holder.
|
||||||
been modified only in ways explicitly requested by the Copyright Holder.
|
|
||||||
|
|
||||||
"Modified Version" means the Package, if it has been changed, and such changes
|
"Modified Version" means the Package, if it has been changed, and such changes were not explicitly requested by the Copyright Holder.
|
||||||
were not explicitly requested by the Copyright Holder.
|
|
||||||
|
|
||||||
"Original License" means this Artistic License as Distributed with the Standard
|
"Original License" means this Artistic License as Distributed with the Standard Version of the Package, in its current version or as it may be modified by The Perl Foundation in the future.
|
||||||
Version of the Package, in its current version or as it may be modified by
|
|
||||||
The Perl Foundation in the future.
|
|
||||||
|
|
||||||
"Source" form means the source code, documentation source, and configuration
|
"Source" form means the source code, documentation source, and configuration files for the Package.
|
||||||
files for the Package.
|
|
||||||
|
|
||||||
"Compiled" form means the compiled bytecode, object code, binary, or any other
|
"Compiled" form means the compiled bytecode, object code, binary, or any other form resulting from mechanical transformation or translation of the Source form.
|
||||||
form resulting from mechanical transformation or translation of the Source
|
|
||||||
form.
|
|
||||||
|
|
||||||
Permission for Use and Modification Without Distribution
|
Permission for Use and Modification Without Distribution
|
||||||
|
|
||||||
(1) You are permitted to use the Standard Version and create and use Modified
|
(1) You are permitted to use the Standard Version and create and use Modified Versions for any purpose without restriction, provided that you do not Distribute the Modified Version.
|
||||||
Versions for any purpose without restriction, provided that you do not Distribute
|
|
||||||
the Modified Version.
|
|
||||||
|
|
||||||
Permissions for Redistribution of the Standard Version
|
Permissions for Redistribution of the Standard Version
|
||||||
|
|
||||||
(2) You may Distribute verbatim copies of the Source form of the Standard
|
(2) You may Distribute verbatim copies of the Source form of the Standard Version of this Package in any medium without restriction, either gratis or for a Distributor Fee, provided that you duplicate all of the original copyright notices and associated disclaimers. At your discretion, such verbatim copies may or may not include a Compiled form of the Package.
|
||||||
Version of this Package in any medium without restriction, either gratis or
|
|
||||||
for a Distributor Fee, provided that you duplicate all of the original copyright
|
|
||||||
notices and associated disclaimers. At your discretion, such verbatim copies
|
|
||||||
may or may not include a Compiled form of the Package.
|
|
||||||
|
|
||||||
(3) You may apply any bug fixes, portability changes, and other modifications
|
(3) You may apply any bug fixes, portability changes, and other modifications made available from the Copyright Holder. The resulting Package will still be considered the Standard Version, and as such will be subject to the Original License.
|
||||||
made available from the Copyright Holder. The resulting Package will still
|
|
||||||
be considered the Standard Version, and as such will be subject to the Original
|
|
||||||
License.
|
|
||||||
|
|
||||||
Distribution of Modified Versions of the Package as Source
|
Distribution of Modified Versions of the Package as Source
|
||||||
|
|
||||||
(4) You may Distribute your Modified Version as Source (either gratis or for
|
(4) You may Distribute your Modified Version as Source (either gratis or for a Distributor Fee, and with or without a Compiled form of the Modified Version) provided that you clearly document how it differs from the Standard Version, including, but not limited to, documenting any non-standard features, executables, or modules, and provided that you do at least ONE of the following:
|
||||||
a Distributor Fee, and with or without a Compiled form of the Modified Version)
|
|
||||||
provided that you clearly document how it differs from the Standard Version,
|
|
||||||
including, but not limited to, documenting any non-standard features, executables,
|
|
||||||
or modules, and provided that you do at least ONE of the following:
|
|
||||||
|
|
||||||
(a) make the Modified Version available to the Copyright Holder of the Standard
|
(a) make the Modified Version available to the Copyright Holder of the Standard Version, under the Original License, so that the Copyright Holder may include your modifications in the Standard Version.
|
||||||
Version, under the Original License, so that the Copyright Holder may include
|
(b) ensure that installation of your Modified Version does not prevent the user installing or running the Standard Version. In addition, the Modified Version must bear a name that is different from the name of the Standard Version.
|
||||||
your modifications in the Standard Version.
|
(c) allow anyone who receives a copy of the Modified Version to make the Source form of the Modified Version available to others under
|
||||||
(b) ensure that installation of your Modified Version does not prevent the
|
|
||||||
user installing or running the Standard Version. In addition, the Modified
|
|
||||||
Version must bear a name that is different from the name of the Standard Version.
|
|
||||||
(c) allow anyone who receives a copy of the Modified Version to make the Source
|
|
||||||
form of the Modified Version available to others under
|
|
||||||
|
|
||||||
(i) the Original License or
|
(i) the Original License or
|
||||||
(ii) a license that permits the licensee to freely copy, modify and redistribute
|
(ii) a license that permits the licensee to freely copy, modify and redistribute the Modified Version using the same licensing terms that apply to the copy that the licensee received, and requires that the Source form of the Modified Version, and of any works derived from it, be made freely available in that license fees are prohibited but Distributor Fees are allowed.
|
||||||
the Modified Version using the same licensing terms that apply to the copy
|
|
||||||
that the licensee received, and requires that the Source form of the Modified
|
|
||||||
Version, and of any works derived from it, be made freely available in that
|
|
||||||
license fees are prohibited but Distributor Fees are allowed.
|
|
||||||
|
|
||||||
Distribution of Compiled Forms of the Standard Version or Modified Versions
|
Distribution of Compiled Forms of the Standard Version or Modified Versions without the Source
|
||||||
without the Source
|
|
||||||
|
|
||||||
(5) You may Distribute Compiled forms of the Standard Version without the
|
(5) You may Distribute Compiled forms of the Standard Version without the Source, provided that you include complete instructions on how to get the Source of the Standard Version. Such instructions must be valid at the time of your distribution. If these instructions, at any time while you are carrying out such distribution, become invalid, you must provide new instructions on demand or cease further distribution. If you provide valid instructions or cease distribution within thirty days after you become aware that the instructions are invalid, then you do not forfeit any of your rights under this license.
|
||||||
Source, provided that you include complete instructions on how to get the
|
|
||||||
Source of the Standard Version. Such instructions must be valid at the time
|
|
||||||
of your distribution. If these instructions, at any time while you are carrying
|
|
||||||
out such distribution, become invalid, you must provide new instructions on
|
|
||||||
demand or cease further distribution. If you provide valid instructions or
|
|
||||||
cease distribution within thirty days after you become aware that the instructions
|
|
||||||
are invalid, then you do not forfeit any of your rights under this license.
|
|
||||||
|
|
||||||
(6) You may Distribute a Modified Version in Compiled form without the Source,
|
(6) You may Distribute a Modified Version in Compiled form without the Source, provided that you comply with Section 4 with respect to the Source of the Modified Version.
|
||||||
provided that you comply with Section 4 with respect to the Source of the
|
|
||||||
Modified Version.
|
|
||||||
|
|
||||||
Aggregating or Linking the Package
|
Aggregating or Linking the Package
|
||||||
|
|
||||||
(7) You may aggregate the Package (either the Standard Version or Modified
|
(7) You may aggregate the Package (either the Standard Version or Modified Version) with other packages and Distribute the resulting aggregation provided that you do not charge a licensing fee for the Package. Distributor Fees are permitted, and licensing fees for other components in the aggregation are permitted. The terms of this license apply to the use and Distribution of the Standard or Modified Versions as included in the aggregation.
|
||||||
Version) with other packages and Distribute the resulting aggregation provided
|
|
||||||
that you do not charge a licensing fee for the Package. Distributor Fees
|
|
||||||
are permitted, and licensing fees for other components in the aggregation
|
|
||||||
are permitted. The terms of this license apply to the use and Distribution
|
|
||||||
of the Standard or Modified Versions as included in the aggregation.
|
|
||||||
|
|
||||||
(8) You are permitted to link Modified and Standard Versions with other works,
|
(8) You are permitted to link Modified and Standard Versions with other works, to embed the Package in a larger work of your own, or to build stand-alone binary or bytecode versions of applications that include the Package, and Distribute the result without restriction, provided the result does not expose a direct interface to the Package.
|
||||||
to embed the Package in a larger work of your own, or to build stand-alone
|
|
||||||
binary or bytecode versions of applications that include the Package, and
|
|
||||||
Distribute the result without restriction, provided the result does not expose
|
|
||||||
a direct interface to the Package.
|
|
||||||
|
|
||||||
Items That are Not Considered Part of a Modified Version
|
Items That are Not Considered Part of a Modified Version
|
||||||
|
|
||||||
(9) Works (including, but not limited to, modules and scripts) that merely
|
(9) Works (including, but not limited to, modules and scripts) that merely extend or make use of the Package, do not, by themselves, cause the Package to be a Modified Version. In addition, such works are not considered parts of the Package itself, and are not subject to the terms of this license.
|
||||||
extend or make use of the Package, do not, by themselves, cause the Package
|
|
||||||
to be a Modified Version. In addition, such works are not considered parts
|
|
||||||
of the Package itself, and are not subject to the terms of this license.
|
|
||||||
|
|
||||||
General Provisions
|
General Provisions
|
||||||
|
|
||||||
(10) Any use, modification, and distribution of the Standard or Modified
|
(10) Any use, modification, and distribution of the Standard or Modified Versions is governed by this Artistic License. By using, modifying or distributing the Package, you accept this license. Do not use, modify, or distribute the Package, if you do not accept this license.
|
||||||
Versions is governed by this Artistic License. By using, modifying or distributing
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|
||||||
the Package, you accept this license. Do not use, modify, or distribute the
|
|
||||||
Package, if you do not accept this license.
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|
||||||
|
|
||||||
(11) If your Modified Version has been derived from a Modified Version made
|
(11) If your Modified Version has been derived from a Modified Version made by someone other than you, you are nevertheless required to ensure that your Modified Version complies with the requirements of this license.
|
||||||
by someone other than you, you are nevertheless required to ensure that your
|
|
||||||
Modified Version complies with the requirements of this license.
|
|
||||||
|
|
||||||
(12) This license does not grant you the right to use any trademark, service
|
(12) This license does not grant you the right to use any trademark, service mark, tradename, or logo of the Copyright Holder.
|
||||||
mark, tradename, or logo of the Copyright Holder.
|
|
||||||
|
|
||||||
(13) This license includes the non-exclusive, worldwide, free-of-charge patent
|
(13) This license includes the non-exclusive, worldwide, free-of-charge patent license to make, have made, use, offer to sell, sell, import and otherwise transfer the Package with respect to any patent claims licensable by the Copyright Holder that are necessarily infringed by the Package. If you institute patent litigation (including a cross-claim or counterclaim) against any party alleging that the Package constitutes direct or contributory patent infringement, then this Artistic License to you shall terminate on the date that such litigation is filed.
|
||||||
license to make, have made, use, offer to sell, sell, import and otherwise
|
|
||||||
transfer the Package with respect to any patent claims licensable by the Copyright
|
|
||||||
Holder that are necessarily infringed by the Package. If you institute patent
|
|
||||||
litigation (including a cross-claim or counterclaim) against any party alleging
|
|
||||||
that the Package constitutes direct or contributory patent infringement, then
|
|
||||||
this Artistic License to you shall terminate on the date that such litigation
|
|
||||||
is filed.
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|
||||||
|
|
||||||
(14) Disclaimer of Warranty:
|
(14) Disclaimer of Warranty:
|
||||||
THE PACKAGE IS PROVIDED BY THE COPYRIGHT HOLDER AND CONTRIBUTORS "AS IS" AND
|
THE PACKAGE IS PROVIDED BY THE COPYRIGHT HOLDER AND CONTRIBUTORS "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE DISCLAIMED TO THE EXTENT PERMITTED BY YOUR LOCAL LAW. UNLESS REQUIRED BY LAW, NO COPYRIGHT HOLDER OR CONTRIBUTOR WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF THE USE OF THE PACKAGE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
||||||
WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. THE IMPLIED WARRANTIES OF MERCHANTABILITY,
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|
||||||
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE DISCLAIMED TO THE
|
|
||||||
EXTENT PERMITTED BY YOUR LOCAL LAW. UNLESS REQUIRED BY LAW, NO COPYRIGHT HOLDER
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|
||||||
OR CONTRIBUTOR WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
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|
||||||
DAMAGES ARISING IN ANY WAY OUT OF THE USE OF THE PACKAGE, EVEN IF ADVISED
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|
||||||
OF THE POSSIBILITY OF SUCH DAMAGE.
|
|
||||||
|
|
|
@ -1,22 +1,9 @@
|
||||||
Copyright (c) <year> <owner> All rights reserved.
|
Copyright (c) <year> <owner> All rights reserved.
|
||||||
|
|
||||||
Redistribution and use in source and binary forms, with or without modification,
|
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
|
||||||
are permitted provided that the following conditions are met:
|
|
||||||
|
|
||||||
1. Redistributions of source code must retain the above copyright notice,
|
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
|
||||||
this list of conditions and the following disclaimer.
|
|
||||||
|
|
||||||
2. Redistributions in binary form must reproduce the above copyright notice,
|
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
|
||||||
this list of conditions and the following disclaimer in the documentation
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|
||||||
and/or other materials provided with the distribution.
|
|
||||||
|
|
||||||
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
|
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
||||||
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
|
|
||||||
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
|
|
||||||
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE
|
|
||||||
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
|
|
||||||
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
|
|
||||||
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
|
|
||||||
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
|
|
||||||
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
|
|
||||||
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
|
||||||
|
|
|
@ -1,47 +1,19 @@
|
||||||
Copyright (c) <YEAR> <COPYRIGHT HOLDERS>
|
Copyright (c) <YEAR> <COPYRIGHT HOLDERS>
|
||||||
|
|
||||||
Redistribution and use in source and binary forms, with or without modification,
|
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
|
||||||
are permitted provided that the following conditions are met:
|
|
||||||
|
|
||||||
1. Redistributions of source code must retain the above copyright notice,
|
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
|
||||||
this list of conditions and the following disclaimer.
|
|
||||||
|
|
||||||
2. Redistributions in binary form must reproduce the above copyright notice,
|
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
|
||||||
this list of conditions and the following disclaimer in the documentation
|
|
||||||
and/or other materials provided with the distribution.
|
|
||||||
|
|
||||||
Subject to the terms and conditions of this license, each copyright holder
|
Subject to the terms and conditions of this license, each copyright holder and contributor hereby grants to those receiving rights under this license a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except for failure to satisfy the conditions of this license) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer this software, where such license applies only to those patent claims, already acquired or hereafter acquired, licensable by such copyright holder or contributor that are necessarily infringed by:
|
||||||
and contributor hereby grants to those receiving rights under this license
|
|
||||||
a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable
|
|
||||||
(except for failure to satisfy the conditions of this license) patent license
|
|
||||||
to make, have made, use, offer to sell, sell, import, and otherwise transfer
|
|
||||||
this software, where such license applies only to those patent claims, already
|
|
||||||
acquired or hereafter acquired, licensable by such copyright holder or contributor
|
|
||||||
that are necessarily infringed by:
|
|
||||||
|
|
||||||
(a) their Contribution(s) (the licensed copyrights of copyright holders and
|
(a) their Contribution(s) (the licensed copyrights of copyright holders and non-copyrightable additions of contributors, in source or binary form) alone; or
|
||||||
non-copyrightable additions of contributors, in source or binary form) alone;
|
|
||||||
or
|
|
||||||
|
|
||||||
(b) combination of their Contribution(s) with the work of authorship to which
|
(b) combination of their Contribution(s) with the work of authorship to which such Contribution(s) was added by such copyright holder or contributor, if, at the time the Contribution is added, such addition causes such combination to be necessarily infringed. The patent license shall not apply to any other combinations which include the Contribution.
|
||||||
such Contribution(s) was added by such copyright holder or contributor, if,
|
|
||||||
at the time the Contribution is added, such addition causes such combination
|
|
||||||
to be necessarily infringed. The patent license shall not apply to any other
|
|
||||||
combinations which include the Contribution.
|
|
||||||
|
|
||||||
Except as expressly stated above, no rights or licenses from any copyright
|
Except as expressly stated above, no rights or licenses from any copyright holder or contributor is granted under this license, whether expressly, by implication, estoppel or otherwise.
|
||||||
holder or contributor is granted under this license, whether expressly, by
|
|
||||||
implication, estoppel or otherwise.
|
|
||||||
|
|
||||||
DISCLAIMER
|
DISCLAIMER
|
||||||
|
|
||||||
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
|
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
||||||
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
|
|
||||||
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
|
|
||||||
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTORS BE
|
|
||||||
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
|
|
||||||
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
|
|
||||||
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
|
|
||||||
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
|
|
||||||
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
|
|
||||||
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
|
||||||
|
|
|
@ -1,26 +1,11 @@
|
||||||
Copyright (c) <year> <owner> All rights reserved.
|
Copyright (c) <year> <owner> All rights reserved.
|
||||||
|
|
||||||
Redistribution and use in source and binary forms, with or without modification,
|
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
|
||||||
are permitted provided that the following conditions are met:
|
|
||||||
|
|
||||||
1. Redistributions of source code must retain the above copyright notice,
|
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
|
||||||
this list of conditions and the following disclaimer.
|
|
||||||
|
|
||||||
2. Redistributions in binary form must reproduce the above copyright notice,
|
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
|
||||||
this list of conditions and the following disclaimer in the documentation
|
|
||||||
and/or other materials provided with the distribution.
|
|
||||||
|
|
||||||
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
|
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
||||||
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
|
|
||||||
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
|
|
||||||
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE
|
|
||||||
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
|
|
||||||
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
|
|
||||||
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
|
|
||||||
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
|
|
||||||
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
|
|
||||||
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
|
||||||
|
|
||||||
The views and conclusions contained in the software and documentation are
|
The views and conclusions contained in the software and documentation are those of the authors and should not be interpreted as representing official policies, either expressed or implied, of the copyright holders or contributors.
|
||||||
those of the authors and should not be interpreted as representing official
|
|
||||||
policies, either expressed or implied, of the copyright holders or contributors.
|
|
||||||
|
|
|
@ -1,26 +1,11 @@
|
||||||
Copyright (c) <year> <owner>. All rights reserved.
|
Copyright (c) <year> <owner>. All rights reserved.
|
||||||
|
|
||||||
Redistribution and use in source and binary forms, with or without modification,
|
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
|
||||||
are permitted provided that the following conditions are met:
|
|
||||||
|
|
||||||
1. Redistributions of source code must retain the above copyright notice,
|
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
|
||||||
this list of conditions and the following disclaimer.
|
|
||||||
|
|
||||||
2. Redistributions in binary form must reproduce the above copyright notice,
|
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
|
||||||
this list of conditions and the following disclaimer in the documentation
|
|
||||||
and/or other materials provided with the distribution.
|
|
||||||
|
|
||||||
3. Neither the name of the copyright holder nor the names of its contributors
|
3. Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
|
||||||
may be used to endorse or promote products derived from this software without
|
|
||||||
specific prior written permission.
|
|
||||||
|
|
||||||
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
|
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
||||||
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
|
|
||||||
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
|
|
||||||
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE
|
|
||||||
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
|
|
||||||
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
|
|
||||||
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
|
|
||||||
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
|
|
||||||
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
|
|
||||||
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
|
||||||
|
|
|
@ -1,28 +1,11 @@
|
||||||
Redistribution and use in source and binary forms, with or without modification,
|
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
|
||||||
are permitted provided that the following conditions are met:
|
|
||||||
|
|
||||||
1. Redistributions of source code must retain the above copyright notice,
|
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
|
||||||
this list of conditions and the following disclaimer.
|
|
||||||
|
|
||||||
2. Redistributions in binary form must reproduce the above copyright notice,
|
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
|
||||||
this list of conditions and the following disclaimer in the documentation
|
|
||||||
and/or other materials provided with the distribution.
|
|
||||||
|
|
||||||
3. Neither the name of the copyright holder nor the names of its contributors
|
3. Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
|
||||||
may be used to endorse or promote products derived from this software without
|
|
||||||
specific prior written permission.
|
|
||||||
|
|
||||||
4. Redistributions of any form whatsoever must retain the following acknowledgment:
|
4. Redistributions of any form whatsoever must retain the following acknowledgment: 'This product includes software developed by the "Universidad de Palermo, Argentina" (http://www.palermo.edu/).'
|
||||||
'This product includes software developed by the "Universidad de Palermo,
|
|
||||||
Argentina" (http://www.palermo.edu/).'
|
|
||||||
|
|
||||||
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
|
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
||||||
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
|
|
||||||
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
|
|
||||||
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE
|
|
||||||
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
|
|
||||||
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
|
|
||||||
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
|
|
||||||
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
|
|
||||||
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
|
|
||||||
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
|
||||||
|
|
|
@ -3,29 +3,12 @@ The Clear BSD License
|
||||||
Copyright (c) [xxxx]-[xxxx] [Owner Organization]
|
Copyright (c) [xxxx]-[xxxx] [Owner Organization]
|
||||||
All rights reserved.
|
All rights reserved.
|
||||||
|
|
||||||
Redistribution and use in source and binary forms, with or without modification,
|
Redistribution and use in source and binary forms, with or without modification, are permitted (subject to the limitations in the disclaimer below) provided that the following conditions are met:
|
||||||
are permitted (subject to the limitations in the disclaimer below) provided
|
|
||||||
that the following conditions are met:
|
|
||||||
|
|
||||||
* Redistributions of source code must retain the above copyright notice, this
|
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
|
||||||
list of conditions and the following disclaimer.
|
|
||||||
|
|
||||||
* Redistributions in binary form must reproduce the above copyright notice,
|
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
|
||||||
this list of conditions and the following disclaimer in the documentation
|
|
||||||
and/or other materials provided with the distribution.
|
|
||||||
|
|
||||||
* Neither the name of [Owner Organization] nor the names of its contributors
|
* Neither the name of [Owner Organization] nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
|
||||||
may be used to endorse or promote products derived from this software without
|
|
||||||
specific prior written permission.
|
|
||||||
|
|
||||||
NO EXPRESS OR IMPLIED LICENSES TO ANY PARTY'S PATENT RIGHTS ARE GRANTED BY
|
NO EXPRESS OR IMPLIED LICENSES TO ANY PARTY'S PATENT RIGHTS ARE GRANTED BY THIS LICENSE. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
||||||
THIS LICENSE. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
|
|
||||||
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
|
|
||||||
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
|
|
||||||
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS
|
|
||||||
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
|
|
||||||
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
|
|
||||||
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
|
|
||||||
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
|
|
||||||
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
|
|
||||||
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
|
||||||
|
|
|
@ -1,39 +1,12 @@
|
||||||
Copyright (c) 2003, The Regents of the University of California, through Lawrence
|
Copyright (c) 2003, The Regents of the University of California, through Lawrence Berkeley National Laboratory (subject to receipt of any required approvals from the U.S. Dept. of Energy). All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
|
||||||
Berkeley National Laboratory (subject to receipt of any required approvals
|
|
||||||
from the U.S. Dept. of Energy). All rights reserved. Redistribution and use
|
|
||||||
in source and binary forms, with or without modification, are permitted provided
|
|
||||||
that the following conditions are met:
|
|
||||||
|
|
||||||
(1) Redistributions of source code must retain the above copyright notice,
|
(1) Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
|
||||||
this list of conditions and the following disclaimer.
|
|
||||||
|
|
||||||
(2) Redistributions in binary form must reproduce the above copyright notice,
|
(2) Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
|
||||||
this list of conditions and the following disclaimer in the documentation
|
|
||||||
and/or other materials provided with the distribution.
|
|
||||||
|
|
||||||
(3) Neither the name of the University of California, Lawrence Berkeley National
|
(3) Neither the name of the University of California, Lawrence Berkeley National Laboratory, U.S. Dept. of Energy nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
|
||||||
Laboratory, U.S. Dept. of Energy nor the names of its contributors may be
|
|
||||||
used to endorse or promote products derived from this software without specific
|
|
||||||
prior written permission.
|
|
||||||
|
|
||||||
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
|
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
|
||||||
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
|
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
||||||
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
|
|
||||||
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE
|
|
||||||
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
|
|
||||||
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
|
|
||||||
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
|
|
||||||
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
|
|
||||||
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
|
|
||||||
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
|
|
||||||
DAMAGE.
|
|
||||||
|
|
||||||
You are under no obligation whatsoever to provide any bug fixes, patches,
|
You are under no obligation whatsoever to provide any bug fixes, patches, or upgrades to the features, functionality or performance of the source code ("Enhancements") to anyone; however, if you choose to make your Enhancements available either publicly, or directly to Lawrence Berkeley National Laboratory, without imposing a separate written license agreement for such Enhancements, then you hereby grant the following license: a non-exclusive, royalty-free perpetual license to install, use, modify, prepare derivative works, incorporate into other computer software, distribute, and sublicense such Enhancements or derivative works thereof, in binary and source code form.
|
||||||
or upgrades to the features, functionality or performance of the source code
|
|
||||||
("Enhancements") to anyone; however, if you choose to make your Enhancements
|
|
||||||
available either publicly, or directly to Lawrence Berkeley National Laboratory,
|
|
||||||
without imposing a separate written license agreement for such Enhancements,
|
|
||||||
then you hereby grant the following license: a non-exclusive, royalty-free
|
|
||||||
perpetual license to install, use, modify, prepare derivative works, incorporate
|
|
||||||
into other computer software, distribute, and sublicense such Enhancements
|
|
||||||
or derivative works thereof, in binary and source code form.
|
|
||||||
|
|
35
options/license/BSD-3-Clause-Modification
Normal file
35
options/license/BSD-3-Clause-Modification
Normal file
|
@ -0,0 +1,35 @@
|
||||||
|
Redistribution and use in source and binary forms, with or without
|
||||||
|
modification, are permitted provided that the following conditions are
|
||||||
|
met:
|
||||||
|
|
||||||
|
1. Redistributions in source code must retain the accompanying
|
||||||
|
copyright notice, this list of conditions, and the following
|
||||||
|
disclaimer.
|
||||||
|
|
||||||
|
2. Redistributions in binary form must reproduce the accompanying
|
||||||
|
copyright notice, this list of conditions, and the following
|
||||||
|
disclaimer in the documentation and/or other materials provided
|
||||||
|
with the distribution.
|
||||||
|
|
||||||
|
3. Names of the copyright holders must not be used to endorse or
|
||||||
|
promote products derived from this software without prior
|
||||||
|
written permission from the copyright holders.
|
||||||
|
|
||||||
|
4. If any files are modified, you must cause the modified files to
|
||||||
|
carry prominent notices stating that you changed the files and
|
||||||
|
the date of any change.
|
||||||
|
|
||||||
|
Disclaimer
|
||||||
|
|
||||||
|
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS "AS IS" AND
|
||||||
|
ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
|
||||||
|
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
|
||||||
|
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
|
||||||
|
HOLDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
|
||||||
|
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
|
||||||
|
TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
|
||||||
|
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
|
||||||
|
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
|
||||||
|
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
|
||||||
|
THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
|
||||||
|
SUCH DAMAGE.
|
|
@ -1,31 +1,14 @@
|
||||||
|
|
||||||
Copyright 1994-2009 Sun Microsystems, Inc. All Rights Reserved.
|
Copyright 1994-2009 Sun Microsystems, Inc. All Rights Reserved.
|
||||||
|
|
||||||
Redistribution and use in source and binary forms, with or without modification,
|
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
|
||||||
are permitted provided that the following conditions are met:
|
|
||||||
|
|
||||||
* Redistribution of source code must retain the above copyright notice, this
|
* Redistribution of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
|
||||||
list of conditions and the following disclaimer.
|
|
||||||
|
|
||||||
* Redistribution in binary form must reproduce the above copyright notice,
|
* Redistribution in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
|
||||||
this list of conditions and the following disclaimer in the documentation
|
|
||||||
and/or other materials provided with the distribution.
|
|
||||||
|
|
||||||
* Neither the name of Sun Microsystems, Inc. or the names of contributors
|
* Neither the name of Sun Microsystems, Inc. or the names of contributors may be used to endorse or promote products derived from this software without specific prior written permission.
|
||||||
may be used to endorse or promote products derived from this software without
|
|
||||||
specific prior written permission.
|
|
||||||
|
|
||||||
This software is provided "AS IS," without a warranty of any kind. ALL EXPRESS
|
This software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN MICROSYSTEMS, INC. ("SUN") AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THIS SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
||||||
OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
|
|
||||||
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT,
|
|
||||||
ARE HEREBY EXCLUDED. SUN MICROSYSTEMS, INC. ("SUN") AND ITS LICENSORS SHALL
|
|
||||||
NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING
|
|
||||||
OR DISTRIBUTING THIS SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR
|
|
||||||
ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT,
|
|
||||||
INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER
|
|
||||||
CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF
|
|
||||||
OR INABILITY TO USE THIS SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY
|
|
||||||
OF SUCH DAMAGES.
|
|
||||||
|
|
||||||
You acknowledge that this software is not designed, licensed or intended for
|
You acknowledge that this software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility.
|
||||||
use in the design, construction, operation or maintenance of any nuclear facility.
|
|
||||||
|
|
|
@ -3,30 +3,14 @@ Copyright © 2008, 2014 Oracle and/or its affiliates. All rights reserved.
|
||||||
|
|
||||||
Use is subject to license terms.
|
Use is subject to license terms.
|
||||||
|
|
||||||
Redistribution and use in source and binary forms, with or without modification,
|
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
|
||||||
are permitted provided that the following conditions are met:
|
|
||||||
|
|
||||||
* Redistributions of source code must retain the above copyright notice, this
|
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
|
||||||
list of conditions and the following disclaimer.
|
|
||||||
|
|
||||||
* Redistributions in binary form must reproduce the above copyright notice,
|
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
|
||||||
this list of conditions and the following disclaimer in the documentation
|
|
||||||
and/or other materials provided with the distribution.
|
|
||||||
|
|
||||||
* Neither the name of Oracle Corporation nor the names of its contributors
|
* Neither the name of Oracle Corporation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
|
||||||
may be used to endorse or promote products derived from this software without
|
|
||||||
specific prior written permission.
|
|
||||||
|
|
||||||
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
|
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
||||||
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
|
|
||||||
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
|
|
||||||
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE
|
|
||||||
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
|
|
||||||
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
|
|
||||||
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
|
|
||||||
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
|
|
||||||
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
|
|
||||||
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
|
||||||
|
|
||||||
You acknowledge that this software is not designed, licensed or intended for
|
You acknowledge that this software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility.
|
||||||
use in the design, construction, operation or maintenance of any nuclear facility.
|
|
||||||
|
|
|
@ -1,31 +1,14 @@
|
||||||
|
|
||||||
Copyright (c) 2003-2005 Sun Microsystems, Inc. All Rights Reserved.
|
Copyright (c) 2003-2005 Sun Microsystems, Inc. All Rights Reserved.
|
||||||
|
|
||||||
Redistribution and use in source and binary forms, with or without modification,
|
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
|
||||||
are permitted provided that the following conditions are met:
|
|
||||||
|
|
||||||
- Redistribution of source code must retain the above copyright notice, this
|
- Redistribution of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
|
||||||
list of conditions and the following disclaimer.
|
|
||||||
|
|
||||||
- Redistribution in binary form must reproduce the above copyright notice,
|
- Redistribution in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
|
||||||
this list of conditions and the following disclaimer in the documentation
|
|
||||||
and/or other materials provided with the distribution.
|
|
||||||
|
|
||||||
- Neither the name of Sun Microsystems, Inc. or the names of contributors
|
- Neither the name of Sun Microsystems, Inc. or the names of contributors may be used to endorse or promote products derived from this software without specific prior written permission.
|
||||||
may be used to endorse or promote products derived from this software without
|
|
||||||
specific prior written permission.
|
|
||||||
|
|
||||||
This software is provided "AS IS," without a warranty of any kind. ALL EXPRESS
|
This software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN MICROSYSTEMS, INC. ("SUN") AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THIS SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
||||||
OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
|
|
||||||
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT,
|
|
||||||
ARE HEREBY EXCLUDED. SUN MICROSYSTEMS, INC. ("SUN") AND ITS LICENSORS SHALL
|
|
||||||
NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING
|
|
||||||
OR DISTRIBUTING THIS SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR
|
|
||||||
ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT,
|
|
||||||
INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER
|
|
||||||
CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF
|
|
||||||
OR INABILITY TO USE THIS SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY
|
|
||||||
OF SUCH DAMAGES.
|
|
||||||
|
|
||||||
You acknowledge that this software is not designed or intended for use in
|
You acknowledge that this software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility.
|
||||||
the design, construction, operation or maintenance of any nuclear facility.
|
|
||||||
|
|
|
@ -1,30 +1,14 @@
|
||||||
Copyright (c) <year> <owner>. All rights reserved.
|
Copyright (c) <year> <owner>. All rights reserved.
|
||||||
|
|
||||||
Redistribution and use in source and binary forms, with or without modification,
|
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
|
||||||
are permitted provided that the following conditions are met:
|
|
||||||
|
|
||||||
1. Redistributions of source code must retain the above copyright notice,
|
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
|
||||||
this list of conditions and the following disclaimer.
|
|
||||||
|
|
||||||
2. Redistributions in binary form must reproduce the above copyright notice,
|
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
|
||||||
this list of conditions and the following disclaimer in the documentation
|
|
||||||
and/or other materials provided with the distribution.
|
|
||||||
|
|
||||||
3. All advertising materials mentioning features or use of this software must
|
3. All advertising materials mentioning features or use of this software must display the following acknowledgement:
|
||||||
display the following acknowledgement:
|
|
||||||
This product includes software developed by the the organization.
|
This product includes software developed by the the organization.
|
||||||
|
|
||||||
4. Neither the name of the copyright holder nor the names of its contributors
|
4. Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
|
||||||
may be used to endorse or promote products derived from this software without
|
|
||||||
specific prior written permission.
|
|
||||||
|
|
||||||
THIS SOFTWARE IS PROVIDED BY COPYRIGHT HOLDER "AS IS" AND ANY EXPRESS OR IMPLIED
|
THIS SOFTWARE IS PROVIDED BY COPYRIGHT HOLDER "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL COPYRIGHT HOLDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
||||||
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
|
|
||||||
AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL COPYRIGHT
|
|
||||||
HOLDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
|
|
||||||
OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
|
|
||||||
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
|
|
||||||
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
|
|
||||||
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
|
|
||||||
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
|
|
||||||
DAMAGE.
|
|
||||||
|
|
|
@ -1,23 +1,13 @@
|
||||||
License: BSD-4-Clause-Shortened
|
License: BSD-4-Clause-Shortened
|
||||||
|
|
||||||
Redistribution and use in source and binary forms, with or without modification,
|
Redistribution and use in source and binary forms, with or without modification, are permitted provided that:
|
||||||
are permitted provided that:
|
|
||||||
|
|
||||||
(1) source code distributions retain the above copyright notice and this paragraph
|
(1) source code distributions retain the above copyright notice and this paragraph in its entirety,
|
||||||
in its entirety,
|
(2) distributions including binary code include the above copyright notice and this paragraph in its entirety in the documentation or other materials provided with the distribution, and
|
||||||
(2) distributions including binary code include the above copyright notice
|
(3) all advertising materials mentioning features or use of this software display the following acknowledgement:
|
||||||
and this paragraph in its entirety in the documentation or other materials
|
|
||||||
provided with the distribution, and
|
|
||||||
(3) all advertising materials mentioning features or use of this software
|
|
||||||
display the following acknowledgement:
|
|
||||||
|
|
||||||
"This product includes software developed by the University of California,
|
"This product includes software developed by the University of California, Lawrence Berkeley Laboratory and its contributors.''
|
||||||
Lawrence Berkeley Laboratory and its contributors.''
|
|
||||||
|
|
||||||
Neither the name of the University nor the names of its contributors may be
|
Neither the name of the University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
|
||||||
used to endorse or promote products derived from this software without specific
|
|
||||||
prior written permission.
|
|
||||||
|
|
||||||
THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES,
|
THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
|
||||||
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
|
|
||||||
FITNESS FOR A PARTICULAR PURPOSE.
|
|
||||||
|
|
|
@ -1,33 +1,15 @@
|
||||||
BSD-4-Clause (University of California-Specific)
|
BSD-4-Clause (University of California-Specific)
|
||||||
|
|
||||||
Copyright [various years] The Regents of the University of California. All
|
Copyright [various years] The Regents of the University of California. All rights reserved.
|
||||||
rights reserved.
|
|
||||||
|
|
||||||
Redistribution and use in source and binary forms, with or without modification,
|
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
|
||||||
are permitted provided that the following conditions are met:
|
|
||||||
|
|
||||||
1. Redistributions of source code must retain the above copyright notice,
|
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
|
||||||
this list of conditions and the following disclaimer.
|
|
||||||
|
|
||||||
2. Redistributions in binary form must reproduce the above copyright notice,
|
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
|
||||||
this list of conditions and the following disclaimer in the documentation
|
|
||||||
and/or other materials provided with the distribution.
|
|
||||||
|
|
||||||
3. All advertising materials mentioning features or use of this software must
|
3. All advertising materials mentioning features or use of this software must display the following acknowledgement: This product includes software developed by the University of California, Berkeley and its contributors.
|
||||||
display the following acknowledgement: This product includes software developed
|
|
||||||
by the University of California, Berkeley and its contributors.
|
|
||||||
|
|
||||||
4. Neither the name of the University nor the names of its contributors may
|
4. Neither the name of the University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
|
||||||
be used to endorse or promote products derived from this software without
|
|
||||||
specific prior written permission.
|
|
||||||
|
|
||||||
THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ``AS IS'' AND ANY
|
THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
||||||
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
|
|
||||||
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
|
|
||||||
IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
|
|
||||||
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
|
|
||||||
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA,
|
|
||||||
OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
|
|
||||||
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
|
|
||||||
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
|
|
||||||
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
|
||||||
|
|
|
@ -4,112 +4,50 @@ February 2002
|
||||||
Preamble
|
Preamble
|
||||||
--------
|
--------
|
||||||
|
|
||||||
The Berkeley Software Distribution ("BSD") license has proven very effective
|
The Berkeley Software Distribution ("BSD") license has proven very effective over the years at allowing for a wide spread of work throughout both commercial and non-commercial products. For programmers whose primary intention is to improve the general quality of available software, it is arguable that there is no better license than the BSD license, as it permits improvements to be used wherever they will help, without idealogical or metallic constraint.
|
||||||
over the years at allowing for a wide spread of work throughout both commercial
|
|
||||||
and non-commercial products. For programmers whose primary intention is to
|
|
||||||
improve the general quality of available software, it is arguable that there
|
|
||||||
is no better license than the BSD license, as it permits improvements to be
|
|
||||||
used wherever they will help, without idealogical or metallic constraint.
|
|
||||||
|
|
||||||
This is of particular value to those who produce reference implementations
|
This is of particular value to those who produce reference implementations of proposed standards: The case of TCP/IP clearly illustrates that freely and universally available implementations leads the rapid acceptance of standards -- often even being used instead of a de jure standard (eg, OSI network models).
|
||||||
of proposed standards: The case of TCP/IP clearly illustrates that freely
|
|
||||||
and universally available implementations leads the rapid acceptance of standards
|
|
||||||
-- often even being used instead of a de jure standard (eg, OSI network models).
|
|
||||||
|
|
||||||
With the rapid proliferation of software licensed under the GNU General Public
|
With the rapid proliferation of software licensed under the GNU General Public License, however, the continued success of this role is called into question. Given that the inclusion of a few lines of "GPL-tainted" work into a larger body of work will result in restricted distribution -- and given that further work will likely build upon the "tainted" portions, making them difficult to remove at a future date -- there are inevitable circumstances where authors would, in order to protect their goal of providing for the widespread usage of their work, wish to guard against such "GPL-taint".
|
||||||
License, however, the continued success of this role is called into question.
|
|
||||||
Given that the inclusion of a few lines of "GPL-tainted" work into a larger
|
|
||||||
body of work will result in restricted distribution -- and given that further
|
|
||||||
work will likely build upon the "tainted" portions, making them difficult
|
|
||||||
to remove at a future date -- there are inevitable circumstances where authors
|
|
||||||
would, in order to protect their goal of providing for the widespread usage
|
|
||||||
of their work, wish to guard against such "GPL-taint".
|
|
||||||
|
|
||||||
In addition, one can imagine that companies which operate by producing and
|
In addition, one can imagine that companies which operate by producing and selling (possibly closed-source) code would wish to protect themselves against the rise of a GPL-licensed competitor. While under existing licenses this would mean not releasing their code under any form of open license, if a license existed under which they could incorporate any improvements back into their own (commercial) products then they might be far more willing to provide for non-closed distribution.
|
||||||
selling (possibly closed-source) code would wish to protect themselves against
|
|
||||||
the rise of a GPL-licensed competitor. While under existing licenses this
|
|
||||||
would mean not releasing their code under any form of open license, if a license
|
|
||||||
existed under which they could incorporate any improvements back into their
|
|
||||||
own (commercial) products then they might be far more willing to provide for
|
|
||||||
non-closed distribution.
|
|
||||||
|
|
||||||
For the above reasons, we put forth this "BSD Protection License": A license
|
For the above reasons, we put forth this "BSD Protection License": A license designed to retain the freedom granted by the BSD license to use licensed works in a wide variety of settings, both non-commercial and commercial, while protecting the work from having future contributors restrict that freedom.
|
||||||
designed to retain the freedom granted by the BSD license to use licensed
|
|
||||||
works in a wide variety of settings, both non-commercial and commercial, while
|
|
||||||
protecting the work from having future contributors restrict that freedom.
|
|
||||||
|
|
||||||
The precise terms and conditions for copying, distribution, and modification
|
The precise terms and conditions for copying, distribution, and modification follow.
|
||||||
follow.
|
|
||||||
|
|
||||||
BSD PROTECTION LICENSE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION, AND
|
BSD PROTECTION LICENSE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION, AND MODIFICATION
|
||||||
MODIFICATION
|
|
||||||
----------------------------------------------------------------
|
----------------------------------------------------------------
|
||||||
|
|
||||||
0. Definitions.
|
0. Definitions.
|
||||||
|
|
||||||
a) "Program", below, refers to any program or work distributed under the terms
|
a) "Program", below, refers to any program or work distributed under the terms of this license.
|
||||||
of this license.
|
b) A "work based on the Program", below, refers to either the Program or any derivative work under copyright law.
|
||||||
b) A "work based on the Program", below, refers to either the Program or any
|
|
||||||
derivative work under copyright law.
|
|
||||||
c) "Modification", below, refers to the act of creating derivative works.
|
c) "Modification", below, refers to the act of creating derivative works.
|
||||||
d) "You", below, refers to each licensee.
|
d) "You", below, refers to each licensee.
|
||||||
|
|
||||||
1. Scope.
|
1. Scope.
|
||||||
This license governs the copying, distribution, and modification of the Program.
|
This license governs the copying, distribution, and modification of the Program. Other activities are outside the scope of this license; The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program.
|
||||||
Other activities are outside the scope of this license; The act of running
|
|
||||||
the Program is not restricted, and the output from the Program is covered
|
|
||||||
only if its contents constitute a work based on the Program.
|
|
||||||
|
|
||||||
2. Verbatim copies.
|
2. Verbatim copies.
|
||||||
You may copy and distribute verbatim copies of the Program as you receive
|
You may copy and distribute verbatim copies of the Program as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.
|
||||||
it, in any medium, provided that you conspicuously and appropriately publish
|
|
||||||
on each copy an appropriate copyright notice; keep intact all the notices
|
|
||||||
that refer to this License and to the absence of any warranty; and give any
|
|
||||||
other recipients of the Program a copy of this License along with the Program.
|
|
||||||
|
|
||||||
3. Modification and redistribution under closed license.
|
3. Modification and redistribution under closed license.
|
||||||
You may modify your copy or copies of the Program, and distribute the resulting
|
You may modify your copy or copies of the Program, and distribute the resulting derivative works, provided that you meet the following conditions:
|
||||||
derivative works, provided that you meet the following conditions:
|
|
||||||
|
|
||||||
a) The copyright notice and disclaimer on the Program must be reproduced and
|
a) The copyright notice and disclaimer on the Program must be reproduced and included in the source code, documentation, and/or other materials provided in a manner in which such notices are normally distributed.
|
||||||
included in the source code, documentation, and/or other materials provided
|
b) The derivative work must be clearly identified as such, in order that it may not be confused with the original work.
|
||||||
in a manner in which such notices are normally distributed.
|
c) The license under which the derivative work is distributed must expressly prohibit the distribution of further derivative works.
|
||||||
b) The derivative work must be clearly identified as such, in order that it
|
|
||||||
may not be confused with the original work.
|
|
||||||
c) The license under which the derivative work is distributed must expressly
|
|
||||||
prohibit the distribution of further derivative works.
|
|
||||||
|
|
||||||
4. Modification and redistribution under open license.
|
4. Modification and redistribution under open license.
|
||||||
You may modify your copy or copies of the Program, and distribute the resulting
|
You may modify your copy or copies of the Program, and distribute the resulting derivative works, provided that you meet the following conditions:
|
||||||
derivative works, provided that you meet the following conditions:
|
|
||||||
|
|
||||||
a) The copyright notice and disclaimer on the Program must be reproduced and
|
a) The copyright notice and disclaimer on the Program must be reproduced and included in the source code, documentation, and/or other materials provided in a manner in which such notices are normally distributed.
|
||||||
included in the source code, documentation, and/or other materials provided
|
b) You must clearly indicate the nature and date of any changes made to the Program. The full details need not necessarily be included in the individual modified files, provided that each modified file is clearly marked as such and instructions are included on where the full details of the modifications may be found.
|
||||||
in a manner in which such notices are normally distributed.
|
c) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
|
||||||
b) You must clearly indicate the nature and date of any changes made to the
|
|
||||||
Program. The full details need not necessarily be included in the individual
|
|
||||||
modified files, provided that each modified file is clearly marked as such
|
|
||||||
and instructions are included on where the full details of the modifications
|
|
||||||
may be found.
|
|
||||||
c) You must cause any work that you distribute or publish, that in whole or
|
|
||||||
in part contains or is derived from the Program or any part thereof, to be
|
|
||||||
licensed as a whole at no charge to all third parties under the terms of this
|
|
||||||
License.
|
|
||||||
|
|
||||||
5. Implied acceptance.
|
5. Implied acceptance.
|
||||||
You may not copy or distribute the Program or any derivative works except
|
You may not copy or distribute the Program or any derivative works except as expressly provided under this license. Consequently, any such action will be taken as implied acceptance of the terms of this license.
|
||||||
as expressly provided under this license. Consequently, any such action will
|
|
||||||
be taken as implied acceptance of the terms of this license.
|
|
||||||
|
|
||||||
6. NO WARRANTY.
|
6. NO WARRANTY.
|
||||||
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
|
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT, EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
||||||
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
|
|
||||||
FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER,
|
|
||||||
OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED
|
|
||||||
ABOVE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
|
|
||||||
OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM
|
|
||||||
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
|
|
||||||
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
|
|
||||||
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT,
|
|
||||||
EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
|
|
||||||
SUCH DAMAGES.
|
|
||||||
|
|
|
@ -1,24 +1,10 @@
|
||||||
Copyright (c) 2011, Deusty, LLC
|
Copyright (c) 2011, Deusty, LLC
|
||||||
All rights reserved.
|
All rights reserved.
|
||||||
|
|
||||||
Redistribution and use of this software in source and binary forms, with or
|
Redistribution and use of this software in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
|
||||||
without modification, are permitted provided that the following conditions
|
|
||||||
are met:
|
|
||||||
|
|
||||||
* Redistributions of source code must retain the above copyright notice, this
|
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
|
||||||
list of conditions and the following disclaimer.
|
|
||||||
|
|
||||||
* Neither the name of Deusty nor the names of its contributors may be used
|
* Neither the name of Deusty nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission of Deusty, LLC.
|
||||||
to endorse or promote products derived from this software without specific
|
|
||||||
prior written permission of Deusty, LLC.
|
|
||||||
|
|
||||||
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
|
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
||||||
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
|
|
||||||
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
|
|
||||||
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE
|
|
||||||
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
|
|
||||||
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
|
|
||||||
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
|
|
||||||
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
|
|
||||||
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
|
|
||||||
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
|
|
||||||
|
|
|
@ -1,23 +1,7 @@
|
||||||
Boost Software License - Version 1.0 - August 17th, 2003
|
Boost Software License - Version 1.0 - August 17th, 2003
|
||||||
|
|
||||||
Permission is hereby granted, free of charge, to any person or organization
|
Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the "Software") to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following:
|
||||||
obtaining a copy of the software and accompanying documentation covered by
|
|
||||||
this license (the "Software") to use, reproduce, display, distribute, execute,
|
|
||||||
and transmit the Software, and to prepare derivative works of the Software,
|
|
||||||
and to permit third-parties to whom the Software is furnished to do so, all
|
|
||||||
subject to the following:
|
|
||||||
|
|
||||||
The copyright notices in the Software and this entire statement, including
|
The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor.
|
||||||
the above license grant, this restriction and the following disclaimer, must
|
|
||||||
be included in all copies of the Software, in whole or in part, and all derivative
|
|
||||||
works of the Software, unless such copies or derivative works are solely in
|
|
||||||
the form of machine-executable object code generated by a source language
|
|
||||||
processor.
|
|
||||||
|
|
||||||
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
|
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
|
||||||
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
|
|
||||||
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE
|
|
||||||
COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES
|
|
||||||
OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM,
|
|
||||||
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
|
|
||||||
THE SOFTWARE.
|
|
||||||
|
|
|
@ -2,24 +2,10 @@ COPYRIGHT NOTICE
|
||||||
|
|
||||||
These patterns and the generating sh script are Copyright (c) GMV 1991
|
These patterns and the generating sh script are Copyright (c) GMV 1991
|
||||||
|
|
||||||
These patterns were developed for internal GMV use and are made public in
|
These patterns were developed for internal GMV use and are made public in the hope that they will benefit others. Also, spreading these patterns throughout the Spanish-language TeX community is expected to provide back-benefits to GMV in that it can help keeping GMV in the mainstream of spanish users.
|
||||||
the hope that they will benefit others. Also, spreading these patterns throughout
|
|
||||||
the Spanish-language TeX community is expected to provide back-benefits to
|
|
||||||
GMV in that it can help keeping GMV in the mainstream of spanish users.
|
|
||||||
|
|
||||||
However, this is given for free and WITHOUT ANY WARRANTY. Under no circumstances
|
However, this is given for free and WITHOUT ANY WARRANTY. Under no circumstances can Julio Sanchez, GMV, Jos'e A. Ma~nas or any agents or representatives thereof be held responsible for any errors in this software nor for any damages derived from its use, even in case any of the above has been notified of the possibility of such damages. If any such situation arises, you responsible for repair. Use of this software is an explicit acceptance of these conditions.
|
||||||
can Julio Sanchez, GMV, Jos'e A. Ma~nas or any agents or representatives thereof
|
|
||||||
be held responsible for any errors in this software nor for any damages derived
|
|
||||||
from its use, even in case any of the above has been notified of the possibility
|
|
||||||
of such damages. If any such situation arises, you responsible for repair.
|
|
||||||
Use of this software is an explicit acceptance of these conditions.
|
|
||||||
|
|
||||||
You can use this software for any purpose. You cannot delete this copyright
|
You can use this software for any purpose. You cannot delete this copyright notice. If you change this software, you must include comments explaining who, when and why. You are kindly requested to send any changes to tex@gmv.es. If you change the generating script, you must include code in it such that any output is clearly labeled as generated by a modified script. Despite the lack of warranty, we would like to hear about any problem you find. Please report problems to tex@gmv.es.
|
||||||
notice. If you change this software, you must include comments explaining
|
|
||||||
who, when and why. You are kindly requested to send any changes to tex@gmv.es.
|
|
||||||
If you change the generating script, you must include code in it such that
|
|
||||||
any output is clearly labeled as generated by a modified script. Despite
|
|
||||||
the lack of warranty, we would like to hear about any problem you find. Please
|
|
||||||
report problems to tex@gmv.es.
|
|
||||||
|
|
||||||
END OF COPYRIGHT NOTICE
|
END OF COPYRIGHT NOTICE
|
||||||
|
|
|
@ -1,8 +1 @@
|
||||||
This is a package of commutative diagram macros built on top of Xy-pic by
|
This is a package of commutative diagram macros built on top of Xy-pic by Michael Barr (email: barr@barrs.org). Its use is unrestricted. It may be freely distributed, unchanged, for non-commercial or commercial use. If changed, it must be renamed. Inclusion in a commercial software package is also permitted, but I would appreciate receiving a free copy for my personal examination and use. There are no guarantees that this package is good for anything. I have tested it with LaTeX 2e, LaTeX 2.09 and Plain TeX. Although I know of no reason it will not work with AMSTeX, I have not tested it.
|
||||||
Michael Barr (email: barr@barrs.org). Its use is unrestricted. It may be
|
|
||||||
freely distributed, unchanged, for non-commercial or commercial use. If changed,
|
|
||||||
it must be renamed. Inclusion in a commercial software package is also permitted,
|
|
||||||
but I would appreciate receiving a free copy for my personal examination
|
|
||||||
and use. There are no guarantees that this package is good for anything.
|
|
||||||
I have tested it with LaTeX 2e, LaTeX 2.09 and Plain TeX. Although I know
|
|
||||||
of no reason it will not work with AMSTeX, I have not tested it.
|
|
||||||
|
|
|
@ -1,4 +1 @@
|
||||||
"THE BEER-WARE LICENSE" (Revision 42): <phk@FreeBSD.ORG> wrote this file.
|
"THE BEER-WARE LICENSE" (Revision 42): <phk@FreeBSD.ORG> wrote this file. As long as you retain this notice you can do whatever you want with this stuff. If we meet some day, and you think this stuff is worth it, you can buy me a beer in return Poul-Henning Kamp
|
||||||
As long as you retain this notice you can do whatever you want with this
|
|
||||||
stuff. If we meet some day, and you think this stuff is worth it, you can
|
|
||||||
buy me a beer in return Poul-Henning Kamp
|
|
||||||
|
|
|
@ -2,500 +2,313 @@ BitTorrent Open Source License
|
||||||
|
|
||||||
Version 1.0
|
Version 1.0
|
||||||
|
|
||||||
This BitTorrent Open Source License (the "License") applies to the BitTorrent
|
This BitTorrent Open Source License (the "License") applies to the BitTorrent client and related software products as
|
||||||
client and related software products as
|
well as any updates or maintenance releases of that software ("BitTorrent Products") that are distributed by
|
||||||
well as any updates or maintenance releases of that software ("BitTorrent
|
BitTorrent, Inc. ("Licensor"). Any BitTorrent Product licensed pursuant to this License is a Licensed Product.
|
||||||
Products") that are distributed by
|
Licensed Product, in its entirety, is protected by U.S. copyright law. This License identifies the terms under which
|
||||||
BitTorrent, Inc. ("Licensor"). Any BitTorrent Product licensed pursuant to
|
|
||||||
this License is a Licensed Product.
|
|
||||||
Licensed Product, in its entirety, is protected by U.S. copyright law. This
|
|
||||||
License identifies the terms under which
|
|
||||||
you may use, copy, distribute or modify Licensed Product.
|
you may use, copy, distribute or modify Licensed Product.
|
||||||
|
|
||||||
Preamble
|
Preamble
|
||||||
|
|
||||||
This Preamble is intended to describe, in plain English, the nature and scope
|
This Preamble is intended to describe, in plain English, the nature and scope of this License. However, this
|
||||||
of this License. However, this
|
Preamble is not a part of this license. The legal effect of this License is dependent only upon the terms of the
|
||||||
Preamble is not a part of this license. The legal effect of this License
|
|
||||||
is dependent only upon the terms of the
|
|
||||||
License and not this Preamble.
|
License and not this Preamble.
|
||||||
|
|
||||||
This License complies with the Open Source Definition and is derived from
|
This License complies with the Open Source Definition and is derived from the Jabber Open Source License 1.0 (the
|
||||||
the Jabber Open Source License 1.0 (the
|
"JOSL"), which has been approved by Open Source Initiative. Sections 4(c) and 4(f)(iii) from the JOSL have been
|
||||||
"JOSL"), which has been approved by Open Source Initiative. Sections 4(c)
|
|
||||||
and 4(f)(iii) from the JOSL have been
|
|
||||||
dropped.
|
dropped.
|
||||||
|
|
||||||
This License provides that:
|
This License provides that:
|
||||||
|
|
||||||
1. You may use, sell or give away the Licensed Product, alone or as a
|
1. You may use, sell or give away the Licensed Product, alone or as a component of an aggregate software
|
||||||
component of an aggregate software
|
distribution containing programs from several different sources. No royalty or other fee is required.
|
||||||
distribution containing programs from several different sources. No royalty
|
|
||||||
or other fee is required.
|
|
||||||
|
|
||||||
2. Both Source Code and executable versions of the Licensed Product,
|
2. Both Source Code and executable versions of the Licensed Product, including Modifications made by previous
|
||||||
including Modifications made by previous
|
Contributors, are available for your use. (The terms "Licensed Product," "Modifications," "Contributors" and "Source
|
||||||
Contributors, are available for your use. (The terms "Licensed Product,"
|
|
||||||
"Modifications," "Contributors" and "Source
|
|
||||||
Code" are defined in the License.)
|
Code" are defined in the License.)
|
||||||
|
|
||||||
3. You are allowed to make Modifications to the Licensed Product, and
|
3. You are allowed to make Modifications to the Licensed Product, and you can create Derivative Works from it.
|
||||||
you can create Derivative Works from it.
|
|
||||||
(The term "Derivative Works" is defined in the License.)
|
(The term "Derivative Works" is defined in the License.)
|
||||||
|
|
||||||
4. By accepting the Licensed Product under the provisions of this License,
|
4. By accepting the Licensed Product under the provisions of this License, you agree that any Modifications you
|
||||||
you agree that any Modifications you
|
make to the Licensed Product and then distribute are governed by the provisions of this License. In particular, you
|
||||||
make to the Licensed Product and then distribute are governed by the provisions
|
|
||||||
of this License. In particular, you
|
|
||||||
must make the Source Code of your Modifications available to others.
|
must make the Source Code of your Modifications available to others.
|
||||||
|
|
||||||
5. You may use the Licensed Product for any purpose, but the Licensor
|
5. You may use the Licensed Product for any purpose, but the Licensor is not providing you any warranty
|
||||||
is not providing you any warranty
|
whatsoever, nor is the Licensor accepting any liability in the event that the Licensed Product doesn't work properly
|
||||||
whatsoever, nor is the Licensor accepting any liability in the event that
|
|
||||||
the Licensed Product doesn't work properly
|
|
||||||
or causes you any injury or damages.
|
or causes you any injury or damages.
|
||||||
|
|
||||||
6. If you sublicense the Licensed Product or Derivative Works, you may
|
6. If you sublicense the Licensed Product or Derivative Works, you may charge fees for warranty or support, or
|
||||||
charge fees for warranty or support, or
|
for accepting indemnity or liability obligations to your customers. You cannot charge for the Source Code.
|
||||||
for accepting indemnity or liability obligations to your customers. You cannot
|
|
||||||
charge for the Source Code.
|
|
||||||
|
|
||||||
7. If you assert any patent claims against the Licensor relating to the
|
7. If you assert any patent claims against the Licensor relating to the Licensed Product, or if you breach any
|
||||||
Licensed Product, or if you breach any
|
terms of the License, your rights to the Licensed Product under this License automatically terminate.
|
||||||
terms of the License, your rights to the Licensed Product under this License
|
|
||||||
automatically terminate.
|
|
||||||
|
|
||||||
You may use this License to distribute your own Derivative Works, in which
|
You may use this License to distribute your own Derivative Works, in which case the provisions of this License will
|
||||||
case the provisions of this License will
|
|
||||||
apply to your Derivative Works just as they do to the original Licensed Product.
|
apply to your Derivative Works just as they do to the original Licensed Product.
|
||||||
|
|
||||||
Alternatively, you may distribute your Derivative Works under any other OSI-approved
|
Alternatively, you may distribute your Derivative Works under any other OSI-approved Open Source license, or under a
|
||||||
Open Source license, or under a
|
proprietary license of your choice. If you use any license other than this License, however, you must continue to
|
||||||
proprietary license of your choice. If you use any license other than this
|
fulfill the requirements of this License (including the provisions relating to publishing the Source Code) for those
|
||||||
License, however, you must continue to
|
portions of your Derivative Works that consist of the Licensed Product, including the files containing Modifications.
|
||||||
fulfill the requirements of this License (including the provisions relating
|
|
||||||
to publishing the Source Code) for those
|
|
||||||
portions of your Derivative Works that consist of the Licensed Product, including
|
|
||||||
the files containing Modifications.
|
|
||||||
|
|
||||||
New versions of this License may be published from time to time. You may
|
New versions of this License may be published from time to time. You may choose to continue to use the license
|
||||||
choose to continue to use the license
|
terms in this version of the License or those from the new version. However, only the Licensor has the right to
|
||||||
terms in this version of the License or those from the new version. However,
|
|
||||||
only the Licensor has the right to
|
|
||||||
change the License terms as they apply to the Licensed Product.
|
change the License terms as they apply to the Licensed Product.
|
||||||
|
|
||||||
This License relies on precise definitions for certain terms. Those terms
|
This License relies on precise definitions for certain terms. Those terms are defined when they are first used, and
|
||||||
are defined when they are first used, and
|
the definitions are repeated for your convenience in a Glossary at the end of the License.
|
||||||
the definitions are repeated for your convenience in a Glossary at the end
|
|
||||||
of the License.
|
|
||||||
|
|
||||||
|
|
||||||
License Terms
|
License Terms
|
||||||
|
|
||||||
1. Grant of License From Licensor. Licensor hereby grants you a world-wide,
|
1. Grant of License From Licensor. Licensor hereby grants you a world-wide, royalty-free, non-exclusive
|
||||||
royalty-free, non-exclusive
|
|
||||||
license, subject to third party intellectual property claims, to do the following:
|
license, subject to third party intellectual property claims, to do the following:
|
||||||
|
|
||||||
a. Use, reproduce, modify, display, perform, sublicense and distribute
|
a. Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by such
|
||||||
any Modifications created by such
|
Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as
|
||||||
Contributor or portions thereof, in both Source Code or as an executable program,
|
|
||||||
either on an unmodified basis or as
|
|
||||||
part of Derivative Works.
|
part of Derivative Works.
|
||||||
|
|
||||||
b. Under claims of patents now or hereafter owned or controlled by Contributor,
|
b. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for
|
||||||
to make, use, sell, offer for
|
sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any
|
||||||
sale, have made, and/or otherwise dispose of Modifications or portions thereof,
|
such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of
|
||||||
but solely to the extent that any
|
|
||||||
such claim is necessary to enable you to make, use, sell, offer for sale,
|
|
||||||
have made, and/or otherwise dispose of
|
|
||||||
Modifications or portions thereof or Derivative Works thereof.
|
Modifications or portions thereof or Derivative Works thereof.
|
||||||
|
|
||||||
|
|
||||||
2. Grant of License to Modifications From Contributor. "Modifications" means
|
2. Grant of License to Modifications From Contributor. "Modifications" means any additions to or deletions from the
|
||||||
any additions to or deletions from the
|
substance or structure of (i) a file containing Licensed Product, or (ii) any new file that contains any part of
|
||||||
substance or structure of (i) a file containing Licensed Product, or (ii)
|
Licensed Product. Hereinafter in this License, the term "Licensed Product" shall include all previous Modifications
|
||||||
any new file that contains any part of
|
that you receive from any Contributor. By application of the provisions in Section 4(a) below, each person or entity
|
||||||
Licensed Product. Hereinafter in this License, the term "Licensed Product"
|
who created or contributed to the creation of, and distributed, a Modification (a "Contributor") hereby grants you a
|
||||||
shall include all previous Modifications
|
world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to do the
|
||||||
that you receive from any Contributor. By application of the provisions in
|
|
||||||
Section 4(a) below, each person or entity
|
|
||||||
who created or contributed to the creation of, and distributed, a Modification
|
|
||||||
(a "Contributor") hereby grants you a
|
|
||||||
world-wide, royalty-free, non-exclusive license, subject to third party intellectual
|
|
||||||
property claims, to do the
|
|
||||||
following:
|
following:
|
||||||
|
|
||||||
1. Use, reproduce, modify, display, perform, sublicense and distribute any
|
1. Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by such
|
||||||
Modifications created by such
|
Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as
|
||||||
Contributor or portions thereof, in both Source Code or as an executable program,
|
|
||||||
either on an unmodified basis or as
|
|
||||||
part of Derivative Works.
|
part of Derivative Works.
|
||||||
|
|
||||||
2. Under claims of patents now or hereafter owned or controlled by Contributor,
|
2. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for
|
||||||
to make, use, sell, offer for
|
sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any
|
||||||
sale, have made, and/or otherwise dispose of Modifications or portions thereof,
|
such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of
|
||||||
but solely to the extent that any
|
|
||||||
such claim is necessary to enable you to make, use, sell, offer for sale,
|
|
||||||
have made, and/or otherwise dispose of
|
|
||||||
Modifications or portions thereof or Derivative Works thereof.
|
Modifications or portions thereof or Derivative Works thereof.
|
||||||
|
|
||||||
|
|
||||||
3. Exclusions From License Grant. Nothing in this License shall be deemed
|
3. Exclusions From License Grant. Nothing in this License shall be deemed to grant any rights to trademarks,
|
||||||
to grant any rights to trademarks,
|
copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributor except as
|
||||||
copyrights, patents, trade secrets or any other intellectual property of Licensor
|
expressly stated herein. No patent license is granted separate from the Licensed Product, for code that you delete
|
||||||
or any Contributor except as
|
from the Licensed Product, or for combinations of the Licensed Product with other software or hardware. No right is
|
||||||
expressly stated herein. No patent license is granted separate from the Licensed
|
granted to the trademarks of Licensor or any Contributor even if such marks are included in the Licensed Product.
|
||||||
Product, for code that you delete
|
Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this
|
||||||
from the Licensed Product, or for combinations of the Licensed Product with
|
|
||||||
other software or hardware. No right is
|
|
||||||
granted to the trademarks of Licensor or any Contributor even if such marks
|
|
||||||
are included in the Licensed Product.
|
|
||||||
Nothing in this License shall be interpreted to prohibit Licensor from licensing
|
|
||||||
under different terms from this
|
|
||||||
License any code that Licensor otherwise would have a right to license.
|
License any code that Licensor otherwise would have a right to license.
|
||||||
|
|
||||||
|
|
||||||
4. Your Obligations Regarding Distribution.
|
4. Your Obligations Regarding Distribution.
|
||||||
|
|
||||||
a. Application of This License to Your Modifications. As an express
|
a. Application of This License to Your Modifications. As an express condition for your use of the Licensed
|
||||||
condition for your use of the Licensed
|
Product, you hereby agree that any Modifications that you create or to which you contribute, and which you
|
||||||
Product, you hereby agree that any Modifications that you create or to which
|
distribute, are governed by the terms of this License including, without limitation, Section 2. Any Modifications
|
||||||
you contribute, and which you
|
that you create or to which you contribute may be distributed only under the terms of this License or a future
|
||||||
distribute, are governed by the terms of this License including, without limitation,
|
version of this License released under Section 7. You must include a copy of this License with every copy of the
|
||||||
Section 2. Any Modifications
|
Modifications you distribute. You agree not to offer or impose any terms on any Source Code or executable version of
|
||||||
that you create or to which you contribute may be distributed only under the
|
the Licensed Product or Modifications that alter or restrict the applicable version of this License or the
|
||||||
terms of this License or a future
|
recipients' rights hereunder. However, you may include an additional document offering the additional rights
|
||||||
version of this License released under Section 7. You must include a copy
|
|
||||||
of this License with every copy of the
|
|
||||||
Modifications you distribute. You agree not to offer or impose any terms
|
|
||||||
on any Source Code or executable version of
|
|
||||||
the Licensed Product or Modifications that alter or restrict the applicable
|
|
||||||
version of this License or the
|
|
||||||
recipients' rights hereunder. However, you may include an additional document
|
|
||||||
offering the additional rights
|
|
||||||
described in Section 4(d).
|
described in Section 4(d).
|
||||||
|
|
||||||
b. Availability of Source Code. You must make available, under the
|
b. Availability of Source Code. You must make available, under the terms of this License, the Source Code of
|
||||||
terms of this License, the Source Code of
|
the Licensed Product and any Modifications that you distribute, either on the same media as you distribute any
|
||||||
the Licensed Product and any Modifications that you distribute, either on
|
executable or other form of the Licensed Product, or via a mechanism generally accepted in the software development
|
||||||
the same media as you distribute any
|
community for the electronic transfer of data (an "Electronic Distribution Mechanism"). The Source Code for any
|
||||||
executable or other form of the Licensed Product, or via a mechanism generally
|
version of Licensed Product or Modifications that you distribute must remain available for at least twelve (12)
|
||||||
accepted in the software development
|
months after the date it initially became available, or at least six (6) months after a subsequent version of said
|
||||||
community for the electronic transfer of data (an "Electronic Distribution
|
Licensed Product or Modifications has been made available. You are responsible for ensuring that the Source Code
|
||||||
Mechanism"). The Source Code for any
|
version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
|
||||||
version of Licensed Product or Modifications that you distribute must remain
|
|
||||||
available for at least twelve (12)
|
|
||||||
months after the date it initially became available, or at least six (6) months
|
|
||||||
after a subsequent version of said
|
|
||||||
Licensed Product or Modifications has been made available. You are responsible
|
|
||||||
for ensuring that the Source Code
|
|
||||||
version remains available even if the Electronic Distribution Mechanism is
|
|
||||||
maintained by a third party.
|
|
||||||
|
|
||||||
c. Intellectual Property Matters.
|
c. Intellectual Property Matters.
|
||||||
|
|
||||||
i. Third Party Claims. If you have knowledge that a license to
|
i. Third Party Claims. If you have knowledge that a license to a third
|
||||||
a third
|
party's intellectual property right is required to exercise the rights granted by this License, you must include a
|
||||||
party's intellectual property right is required to exercise the rights granted
|
text file with the Source Code distribution titled "LEGAL" that describes the claim and the party making the claim in
|
||||||
by this License, you must include a
|
sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after you make any
|
||||||
text file with the Source Code distribution titled "LEGAL" that describes
|
Modifications available as described in Section 4(b), you shall promptly modify the LEGAL file in all copies you make
|
||||||
the claim and the party making the claim in
|
available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups)
|
||||||
sufficient detail that a recipient will know whom to contact. If you obtain
|
reasonably calculated to inform those who received the Licensed Product from you that new knowledge has been
|
||||||
such knowledge after you make any
|
|
||||||
Modifications available as described in Section 4(b), you shall promptly modify
|
|
||||||
the LEGAL file in all copies you make
|
|
||||||
available thereafter and shall take other steps (such as notifying appropriate
|
|
||||||
mailing lists or newsgroups)
|
|
||||||
reasonably calculated to inform those who received the Licensed Product from
|
|
||||||
you that new knowledge has been
|
|
||||||
obtained.
|
obtained.
|
||||||
|
|
||||||
ii. Contributor APIs. If your Modifications include an application
|
ii. Contributor APIs. If your Modifications include an application
|
||||||
programming interface ("API") and you have knowledge of patent licenses that
|
programming interface ("API") and you have knowledge of patent licenses that are reasonably necessary to implement
|
||||||
are reasonably necessary to implement
|
|
||||||
that API, you must also include this information in the LEGAL file.
|
that API, you must also include this information in the LEGAL file.
|
||||||
|
|
||||||
iii. Representations. You represent that, except as disclosed
|
iii. Representations. You represent that, except as disclosed pursuant to
|
||||||
pursuant to
|
4(c)(i) above, you believe that any Modifications you distribute are your original creations and that you have
|
||||||
4(c)(i) above, you believe that any Modifications you distribute are your
|
|
||||||
original creations and that you have
|
|
||||||
sufficient rights to grant the rights conveyed by this License.
|
sufficient rights to grant the rights conveyed by this License.
|
||||||
|
|
||||||
d. Required Notices. You must duplicate this License in any documentation
|
d. Required Notices. You must duplicate this License in any documentation you provide along with the Source
|
||||||
you provide along with the Source
|
Code of any Modifications you create or to which you contribute, and which you distribute, wherever you describe
|
||||||
Code of any Modifications you create or to which you contribute, and which
|
recipients' rights relating to Licensed Product. You must duplicate the notice contained in Exhibit A (the "Notice")
|
||||||
you distribute, wherever you describe
|
in each file of the Source Code of any copy you distribute of the Licensed Product. If you created a Modification,
|
||||||
recipients' rights relating to Licensed Product. You must duplicate the notice
|
you may add your name as a Contributor to the Notice. If it is not possible to put the Notice in a particular Source
|
||||||
contained in Exhibit A (the "Notice")
|
Code file due to its structure, then you must include such Notice in a location (such as a relevant directory file)
|
||||||
in each file of the Source Code of any copy you distribute of the Licensed
|
where a user would be likely to look for such a notice. You may choose to offer, and charge a fee for, warranty,
|
||||||
Product. If you created a Modification,
|
support, indemnity or liability obligations to one or more recipients of Licensed Product. However, you may do so
|
||||||
you may add your name as a Contributor to the Notice. If it is not possible
|
only on your own behalf, and not on behalf of the Licensor or any Contributor. You must make it clear that any such
|
||||||
to put the Notice in a particular Source
|
warranty, support, indemnity or liability obligation is offered by you alone, and you hereby agree to indemnify the
|
||||||
Code file due to its structure, then you must include such Notice in a location
|
Licensor and every Contributor for any liability incurred by the Licensor or such Contributor as a result of
|
||||||
(such as a relevant directory file)
|
|
||||||
where a user would be likely to look for such a notice. You may choose to
|
|
||||||
offer, and charge a fee for, warranty,
|
|
||||||
support, indemnity or liability obligations to one or more recipients of Licensed
|
|
||||||
Product. However, you may do so
|
|
||||||
only on your own behalf, and not on behalf of the Licensor or any Contributor.
|
|
||||||
You must make it clear that any such
|
|
||||||
warranty, support, indemnity or liability obligation is offered by you alone,
|
|
||||||
and you hereby agree to indemnify the
|
|
||||||
Licensor and every Contributor for any liability incurred by the Licensor
|
|
||||||
or such Contributor as a result of
|
|
||||||
warranty, support, indemnity or liability terms you offer.
|
warranty, support, indemnity or liability terms you offer.
|
||||||
|
|
||||||
e. Distribution of Executable Versions. You may distribute Licensed
|
e. Distribution of Executable Versions. You may distribute Licensed Product as an executable program under a
|
||||||
Product as an executable program under a
|
license of your choice that may contain terms different from this License provided (i) you have satisfied the
|
||||||
license of your choice that may contain terms different from this License
|
requirements of Sections 4(a) through 4(d) for that distribution, (ii) you include a conspicuous notice in the
|
||||||
provided (i) you have satisfied the
|
executable version, related documentation and collateral materials stating that the Source Code version of the
|
||||||
requirements of Sections 4(a) through 4(d) for that distribution, (ii) you
|
Licensed Product is available under the terms of this License, including a description of how and where you have
|
||||||
include a conspicuous notice in the
|
fulfilled the obligations of Section 4(b), and (iii) you make it clear that any terms that differ from this License
|
||||||
executable version, related documentation and collateral materials stating
|
are offered by you alone, not by Licensor or any Contributor. You hereby agree to indemnify the Licensor and every
|
||||||
that the Source Code version of the
|
Contributor for any liability incurred by Licensor or such Contributor as a result of any terms you offer.
|
||||||
Licensed Product is available under the terms of this License, including a
|
|
||||||
description of how and where you have
|
|
||||||
fulfilled the obligations of Section 4(b), and (iii) you make it clear that
|
|
||||||
any terms that differ from this License
|
|
||||||
are offered by you alone, not by Licensor or any Contributor. You hereby
|
|
||||||
agree to indemnify the Licensor and every
|
|
||||||
Contributor for any liability incurred by Licensor or such Contributor as
|
|
||||||
a result of any terms you offer.
|
|
||||||
|
|
||||||
f. Distribution of Derivative Works. You may create Derivative Works
|
f. Distribution of Derivative Works. You may create Derivative Works (e.g., combinations of some or all of the
|
||||||
(e.g., combinations of some or all of the
|
Licensed Product with other code) and distribute the Derivative Works as products under any other license you select,
|
||||||
Licensed Product with other code) and distribute the Derivative Works as products
|
with the proviso that the requirements of this License are fulfilled for those portions of the Derivative Works that
|
||||||
under any other license you select,
|
|
||||||
with the proviso that the requirements of this License are fulfilled for those
|
|
||||||
portions of the Derivative Works that
|
|
||||||
consist of the Licensed Product or any Modifications thereto.
|
consist of the Licensed Product or any Modifications thereto.
|
||||||
|
|
||||||
|
|
||||||
5. Inability to Comply Due to Statute or Regulation. If it is impossible
|
5. Inability to Comply Due to Statute or Regulation. If it is impossible for you to comply with any of the
|
||||||
for you to comply with any of the
|
terms of this License with respect to some or all of the Licensed Product due to statute, judicial order, or
|
||||||
terms of this License with respect to some or all of the Licensed Product
|
regulation, then you must (i) comply with the terms of this License to the maximum extent possible, (ii) cite the
|
||||||
due to statute, judicial order, or
|
statute or regulation that prohibits you from adhering to the License, and (iii) describe the limitations and the
|
||||||
regulation, then you must (i) comply with the terms of this License to the
|
code they affect. Such description must be included in the LEGAL file described in Section 4(d), and must be included
|
||||||
maximum extent possible, (ii) cite the
|
with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such
|
||||||
statute or regulation that prohibits you from adhering to the License, and
|
description must be sufficiently detailed for a recipient of ordinary skill at computer programming to be able to
|
||||||
(iii) describe the limitations and the
|
|
||||||
code they affect. Such description must be included in the LEGAL file described
|
|
||||||
in Section 4(d), and must be included
|
|
||||||
with all distributions of the Source Code. Except to the extent prohibited
|
|
||||||
by statute or regulation, such
|
|
||||||
description must be sufficiently detailed for a recipient of ordinary skill
|
|
||||||
at computer programming to be able to
|
|
||||||
understand it.
|
understand it.
|
||||||
|
|
||||||
|
|
||||||
6. Application of This License. This License applies to code to which
|
6. Application of This License. This License applies to code to which Licensor or Contributor has attached the
|
||||||
Licensor or Contributor has attached the
|
|
||||||
Notice in Exhibit A, which is incorporated herein by this reference.
|
Notice in Exhibit A, which is incorporated herein by this reference.
|
||||||
|
|
||||||
|
|
||||||
7. Versions of This License.
|
7. Versions of This License.
|
||||||
|
|
||||||
a. New Versions. Licensor may publish from time to time revised and/or
|
a. New Versions. Licensor may publish from time to time revised and/or new versions of the License.
|
||||||
new versions of the License.
|
|
||||||
|
|
||||||
b. Effect of New Versions. Once Licensed Product has been published
|
b. Effect of New Versions. Once Licensed Product has been published under a particular version of the License,
|
||||||
under a particular version of the License,
|
you may always continue to use it under the terms of that version. You may also choose to use such Licensed Product
|
||||||
you may always continue to use it under the terms of that version. You may
|
under the terms of any subsequent version of the License published by Licensor. No one other than Licensor has the
|
||||||
also choose to use such Licensed Product
|
right to modify the terms applicable to Licensed Product created under this License.
|
||||||
under the terms of any subsequent version of the License published by Licensor.
|
|
||||||
No one other than Licensor has the
|
|
||||||
right to modify the terms applicable to Licensed Product created under this
|
|
||||||
License.
|
|
||||||
|
|
||||||
c. Derivative Works of this License. If you create or use a modified
|
c. Derivative Works of this License. If you create or use a modified version of this License, which you may do
|
||||||
version of this License, which you may do
|
only in order to apply it to software that is not already a Licensed Product under this License, you must rename your
|
||||||
only in order to apply it to software that is not already a Licensed Product
|
license so that it is not confusingly similar to this License, and must make it clear that your license contains
|
||||||
under this License, you must rename your
|
terms that differ from this License. In so naming your license, you may not use any trademark of Licensor or any
|
||||||
license so that it is not confusingly similar to this License, and must make
|
|
||||||
it clear that your license contains
|
|
||||||
terms that differ from this License. In so naming your license, you may not
|
|
||||||
use any trademark of Licensor or any
|
|
||||||
Contributor.
|
Contributor.
|
||||||
|
|
||||||
|
|
||||||
8. Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE
|
8. Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY
|
||||||
ON AN AS IS BASIS, WITHOUT WARRANTY
|
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED PRODUCT IS FREE
|
||||||
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
|
OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
|
||||||
THAT THE LICENSED PRODUCT IS FREE
|
PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU (AND
|
||||||
OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
|
NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
|
||||||
THE ENTIRE RISK AS TO THE QUALITY AND
|
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED PRODUCT IS AUTHORIZED
|
||||||
PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU. SHOULD LICENSED PRODUCT
|
|
||||||
PROVE DEFECTIVE IN ANY RESPECT, YOU (AND
|
|
||||||
NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
|
|
||||||
SERVICING, REPAIR OR CORRECTION. THIS
|
|
||||||
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE
|
|
||||||
OF LICENSED PRODUCT IS AUTHORIZED
|
|
||||||
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
|
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
|
||||||
|
|
||||||
|
|
||||||
9. Termination.
|
9. Termination.
|
||||||
|
|
||||||
a. Automatic Termination Upon Breach. This license and the rights granted
|
a. Automatic Termination Upon Breach. This license and the rights granted hereunder will terminate
|
||||||
hereunder will terminate
|
automatically if you fail to comply with the terms herein and fail to cure such breach within thirty (30) days of
|
||||||
automatically if you fail to comply with the terms herein and fail to cure
|
becoming aware of the breach. All sublicenses to the Licensed Product that are properly granted shall survive any
|
||||||
such breach within thirty (30) days of
|
termination of this license. Provisions that, by their nature, must remain in effect beyond the termination of this
|
||||||
becoming aware of the breach. All sublicenses to the Licensed Product that
|
|
||||||
are properly granted shall survive any
|
|
||||||
termination of this license. Provisions that, by their nature, must remain
|
|
||||||
in effect beyond the termination of this
|
|
||||||
License, shall survive.
|
License, shall survive.
|
||||||
|
|
||||||
b. Termination Upon Assertion of Patent Infringement. If you initiate
|
b. Termination Upon Assertion of Patent Infringement. If you initiate litigation by asserting a patent
|
||||||
litigation by asserting a patent
|
infringement claim (excluding declaratory judgment actions) against Licensor or a Contributor (Licensor or
|
||||||
infringement claim (excluding declaratory judgment actions) against Licensor
|
Contributor against whom you file such an action is referred to herein as Respondent) alleging that Licensed Product
|
||||||
or a Contributor (Licensor or
|
directly or indirectly infringes any patent, then any and all rights granted by such Respondent to you under Sections
|
||||||
Contributor against whom you file such an action is referred to herein as
|
1 or 2 of this License shall terminate prospectively upon sixty (60) days notice from Respondent (the "Notice
|
||||||
Respondent) alleging that Licensed Product
|
Period") unless within that Notice Period you either agree in writing (i) to pay Respondent a mutually agreeable
|
||||||
directly or indirectly infringes any patent, then any and all rights granted
|
reasonably royalty for your past or future use of Licensed Product made by such Respondent, or (ii) withdraw your
|
||||||
by such Respondent to you under Sections
|
litigation claim with respect to Licensed Product against such Respondent. If within said Notice Period a reasonable
|
||||||
1 or 2 of this License shall terminate prospectively upon sixty (60) days
|
royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not
|
||||||
notice from Respondent (the "Notice
|
withdrawn, the rights granted by Licensor to you under Sections 1 and 2 automatically terminate at the expiration of
|
||||||
Period") unless within that Notice Period you either agree in writing (i)
|
|
||||||
to pay Respondent a mutually agreeable
|
|
||||||
reasonably royalty for your past or future use of Licensed Product made by
|
|
||||||
such Respondent, or (ii) withdraw your
|
|
||||||
litigation claim with respect to Licensed Product against such Respondent.
|
|
||||||
If within said Notice Period a reasonable
|
|
||||||
royalty and payment arrangement are not mutually agreed upon in writing by
|
|
||||||
the parties or the litigation claim is not
|
|
||||||
withdrawn, the rights granted by Licensor to you under Sections 1 and 2 automatically
|
|
||||||
terminate at the expiration of
|
|
||||||
said Notice Period.
|
said Notice Period.
|
||||||
|
|
||||||
c. Reasonable Value of This License. If you assert a patent infringement
|
c. Reasonable Value of This License. If you assert a patent infringement claim against Respondent alleging
|
||||||
claim against Respondent alleging
|
that Licensed Product directly or indirectly infringes any patent where such claim is resolved (such as by license or
|
||||||
that Licensed Product directly or indirectly infringes any patent where such
|
settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses
|
||||||
claim is resolved (such as by license or
|
granted by said Respondent under Sections 1 and 2 shall be taken into account in determining the amount or value of
|
||||||
settlement) prior to the initiation of patent infringement litigation, then
|
|
||||||
the reasonable value of the licenses
|
|
||||||
granted by said Respondent under Sections 1 and 2 shall be taken into account
|
|
||||||
in determining the amount or value of
|
|
||||||
any payment or license.
|
any payment or license.
|
||||||
|
|
||||||
d. No Retroactive Effect of Termination. In the event of termination
|
d. No Retroactive Effect of Termination. In the event of termination under Sections 9(a) or 9(b) above, all
|
||||||
under Sections 9(a) or 9(b) above, all
|
end user license agreements (excluding licenses to distributors and resellers) that have been validly granted by you
|
||||||
end user license agreements (excluding licenses to distributors and resellers)
|
|
||||||
that have been validly granted by you
|
|
||||||
or any distributor hereunder prior to termination shall survive termination.
|
or any distributor hereunder prior to termination shall survive termination.
|
||||||
|
|
||||||
|
|
||||||
10. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
|
10. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE),
|
||||||
WHETHER TORT (INCLUDING NEGLIGENCE),
|
CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER
|
||||||
CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR
|
OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
|
||||||
OF LICENSED PRODUCT, OR ANY SUPPLIER
|
ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
|
||||||
OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
|
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
|
||||||
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
|
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
|
||||||
ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
|
RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
|
||||||
WORK STOPPAGE, COMPUTER FAILURE OR
|
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY
|
||||||
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH
|
|
||||||
PARTY SHALL HAVE BEEN INFORMED OF THE
|
|
||||||
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY
|
|
||||||
TO LIABILITY FOR DEATH OR PERSONAL INJURY
|
|
||||||
RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS
|
|
||||||
SUCH LIMITATION. SOME JURISDICTIONS DO
|
|
||||||
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
|
|
||||||
SO THIS EXCLUSION AND LIMITATION MAY
|
|
||||||
NOT APPLY TO YOU.
|
NOT APPLY TO YOU.
|
||||||
|
|
||||||
|
|
||||||
11. Responsibility for Claims. As between Licensor and Contributors, each
|
11. Responsibility for Claims. As between Licensor and Contributors, each party is responsible for claims and
|
||||||
party is responsible for claims and
|
damages arising, directly or indirectly, out of its utilization of rights under this License. You agree to work with
|
||||||
damages arising, directly or indirectly, out of its utilization of rights
|
Licensor and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or
|
||||||
under this License. You agree to work with
|
|
||||||
Licensor and Contributors to distribute such responsibility on an equitable
|
|
||||||
basis. Nothing herein is intended or
|
|
||||||
shall be deemed to constitute any admission of liability.
|
shall be deemed to constitute any admission of liability.
|
||||||
|
|
||||||
|
|
||||||
12. U.S. Government End Users. The Licensed Product is a commercial item,
|
12. U.S. Government End Users. The Licensed Product is a commercial item, as that term is defined in 48 C.F.R.
|
||||||
as that term is defined in 48 C.F.R.
|
2.101 (Oct. 1995), consisting of commercial computer software and commercial computer software documentation, as such
|
||||||
2.101 (Oct. 1995), consisting of commercial computer software and commercial
|
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
|
||||||
computer software documentation, as such
|
227.7202-4 (June 1995), all U.S. Government End Users acquire Licensed Product with only those rights set forth
|
||||||
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
|
|
||||||
12.212 and 48 C.F.R. 227.7202-1 through
|
|
||||||
227.7202-4 (June 1995), all U.S. Government End Users acquire Licensed Product
|
|
||||||
with only those rights set forth
|
|
||||||
herein.
|
herein.
|
||||||
|
|
||||||
|
|
||||||
13. Miscellaneous. This License represents the complete agreement concerning
|
13. Miscellaneous. This License represents the complete agreement concerning the subject matter hereof. If any
|
||||||
the subject matter hereof. If any
|
provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary
|
||||||
provision of this License is held to be unenforceable, such provision shall
|
to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable
|
||||||
be reformed only to the extent necessary
|
law, if any, provides otherwise), excluding its conflict-of-law provisions. You expressly agree that any litigation
|
||||||
to make it enforceable. This License shall be governed by California law
|
relating to this license shall be subject to the jurisdiction of the Federal Courts of the Northern District of
|
||||||
provisions (except to the extent applicable
|
California or the Superior Court of the County of Santa Clara, California (as appropriate), with venue lying in Santa
|
||||||
law, if any, provides otherwise), excluding its conflict-of-law provisions.
|
Clara County, California, with the losing party responsible for costs including, without limitation, court costs and
|
||||||
You expressly agree that any litigation
|
reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the
|
||||||
relating to this license shall be subject to the jurisdiction of the Federal
|
International Sale of Goods is expressly excluded. You and Licensor expressly waive any rights to a jury trial in
|
||||||
Courts of the Northern District of
|
any litigation concerning Licensed Product or this License. Any law or regulation that provides that the language of
|
||||||
California or the Superior Court of the County of Santa Clara, California
|
a contract shall be construed against the drafter shall not apply to this License.
|
||||||
(as appropriate), with venue lying in Santa
|
|
||||||
Clara County, California, with the losing party responsible for costs including,
|
|
||||||
without limitation, court costs and
|
|
||||||
reasonable attorneys fees and expenses. The application of the United Nations
|
|
||||||
Convention on Contracts for the
|
|
||||||
International Sale of Goods is expressly excluded. You and Licensor expressly
|
|
||||||
waive any rights to a jury trial in
|
|
||||||
any litigation concerning Licensed Product or this License. Any law or regulation
|
|
||||||
that provides that the language of
|
|
||||||
a contract shall be construed against the drafter shall not apply to this
|
|
||||||
License.
|
|
||||||
|
|
||||||
|
|
||||||
14. Definition of You in This License. You throughout this License, whether
|
14. Definition of You in This License. You throughout this License, whether in upper or lower case, means an
|
||||||
in upper or lower case, means an
|
individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a
|
||||||
individual or a legal entity exercising rights under, and complying with all
|
future version of this License issued under Section 7. For legal entities, you includes any entity that controls, is
|
||||||
of the terms of, this License or a
|
controlled by, or is under common control with you. For purposes of this definition, control means (i) the power,
|
||||||
future version of this License issued under Section 7. For legal entities,
|
direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii)
|
||||||
you includes any entity that controls, is
|
ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
|
||||||
controlled by, or is under common control with you. For purposes of this
|
|
||||||
definition, control means (i) the power,
|
|
||||||
direct or indirect, to cause the direction or management of such entity, whether
|
|
||||||
by contract or otherwise, or (ii)
|
|
||||||
ownership of fifty percent (50%) or more of the outstanding shares, or (iii)
|
|
||||||
beneficial ownership of such entity.
|
|
||||||
|
|
||||||
|
|
||||||
15. Glossary. All defined terms in this License that are used in more than
|
15. Glossary. All defined terms in this License that are used in more than one Section of this License are repeated
|
||||||
one Section of this License are repeated
|
here, in alphabetical order, for the convenience of the reader. The Section of this License in which each defined
|
||||||
here, in alphabetical order, for the convenience of the reader. The Section
|
|
||||||
of this License in which each defined
|
|
||||||
term is first used is shown in parentheses.
|
term is first used is shown in parentheses.
|
||||||
|
|
||||||
Contributor: Each person or entity who created or contributed to the creation
|
Contributor: Each person or entity who created or contributed to the creation of, and distributed, a Modification.
|
||||||
of, and distributed, a Modification.
|
|
||||||
(See Section 2)
|
(See Section 2)
|
||||||
|
|
||||||
Derivative Works: That term as used in this License is defined under U.S.
|
Derivative Works: That term as used in this License is defined under U.S. copyright law. (See Section 1(b))
|
||||||
copyright law. (See Section 1(b))
|
|
||||||
|
|
||||||
License: This BitTorrent Open Source License. (See first paragraph of License)
|
License: This BitTorrent Open Source License. (See first paragraph of License)
|
||||||
|
|
||||||
Licensed Product: Any BitTorrent Product licensed pursuant to this License.
|
Licensed Product: Any BitTorrent Product licensed pursuant to this License. The term "Licensed Product" includes
|
||||||
The term "Licensed Product" includes
|
all previous Modifications from any Contributor that you receive. (See first paragraph of License and Section 2)
|
||||||
all previous Modifications from any Contributor that you receive. (See first
|
|
||||||
paragraph of License and Section 2)
|
|
||||||
|
|
||||||
Licensor: BitTorrent, Inc. (See first paragraph of License)
|
Licensor: BitTorrent, Inc. (See first paragraph of License)
|
||||||
|
|
||||||
Modifications: Any additions to or deletions from the substance or structure
|
Modifications: Any additions to or deletions from the substance or structure of (i) a file containing Licensed
|
||||||
of (i) a file containing Licensed
|
Product, or (ii) any new file that contains any part of Licensed Product. (See Section 2)
|
||||||
Product, or (ii) any new file that contains any part of Licensed Product.
|
|
||||||
(See Section 2)
|
|
||||||
|
|
||||||
Notice: The notice contained in Exhibit A. (See Section 4(e))
|
Notice: The notice contained in Exhibit A. (See Section 4(e))
|
||||||
|
|
||||||
Source Code: The preferred form for making modifications to the Licensed Product,
|
Source Code: The preferred form for making modifications to the Licensed Product, including all modules contained
|
||||||
including all modules contained
|
therein, plus any associated interface definition files, scripts used to control compilation and installation of an
|
||||||
therein, plus any associated interface definition files, scripts used to control
|
executable program, or a list of differential comparisons against the Source Code of the Licensed Product. (See
|
||||||
compilation and installation of an
|
|
||||||
executable program, or a list of differential comparisons against the Source
|
|
||||||
Code of the Licensed Product. (See
|
|
||||||
Section 1(a))
|
Section 1(a))
|
||||||
|
|
||||||
You: This term is defined in Section 14 of this License.
|
You: This term is defined in Section 14 of this License.
|
||||||
|
@ -503,21 +316,15 @@ You: This term is defined in Section 14 of this License.
|
||||||
|
|
||||||
EXHIBIT A
|
EXHIBIT A
|
||||||
|
|
||||||
The Notice below must appear in each file of the Source Code of any copy you
|
The Notice below must appear in each file of the Source Code of any copy you distribute of the Licensed Product or
|
||||||
distribute of the Licensed Product or
|
any hereto. Contributors to any Modifications may add their own copyright notices to identify their own
|
||||||
any hereto. Contributors to any Modifications may add their own copyright
|
|
||||||
notices to identify their own
|
|
||||||
contributions.
|
contributions.
|
||||||
|
|
||||||
License:
|
License:
|
||||||
|
|
||||||
The contents of this file are subject to the BitTorrent Open Source License
|
The contents of this file are subject to the BitTorrent Open Source License Version 1.0 (the License). You may not
|
||||||
Version 1.0 (the License). You may not
|
copy or use this file, in either source code or executable form, except in compliance with the License. You may
|
||||||
copy or use this file, in either source code or executable form, except in
|
|
||||||
compliance with the License. You may
|
|
||||||
obtain a copy of the License at http://www.bittorrent.com/license/.
|
obtain a copy of the License at http://www.bittorrent.com/license/.
|
||||||
|
|
||||||
Software distributed under the License is distributed on an AS IS basis, WITHOUT
|
Software distributed under the License is distributed on an AS IS basis, WITHOUT WARRANTY OF ANY KIND, either express
|
||||||
WARRANTY OF ANY KIND, either express
|
or implied. See the License for the specific language governing rights and limitations under the License.
|
||||||
or implied. See the License for the specific language governing rights and
|
|
||||||
limitations under the License.
|
|
||||||
|
|
|
@ -1,459 +1,137 @@
|
||||||
BitTorrent Open Source License
|
BitTorrent Open Source License
|
||||||
Version 1.1
|
Version 1.1
|
||||||
|
|
||||||
This BitTorrent Open Source License (the "License") applies to the BitTorrent
|
This BitTorrent Open Source License (the "License") applies to the BitTorrent client and related software products as well as any updates or maintenance releases of that software ("BitTorrent Products") that are distributed by BitTorrent, Inc. ("Licensor"). Any BitTorrent Product licensed pursuant to this License is a Licensed Product. Licensed Product, in its entirety, is protected by U.S. copyright law. This License identifies the terms under which you may use, copy, distribute or modify Licensed Product.
|
||||||
client and related software products as well as any updates or maintenance
|
|
||||||
releases of that software ("BitTorrent Products") that are distributed by
|
|
||||||
BitTorrent, Inc. ("Licensor"). Any BitTorrent Product licensed pursuant to
|
|
||||||
this License is a Licensed Product. Licensed Product, in its entirety, is
|
|
||||||
protected by U.S. copyright law. This License identifies the terms under which
|
|
||||||
you may use, copy, distribute or modify Licensed Product.
|
|
||||||
|
|
||||||
Preamble
|
Preamble
|
||||||
|
|
||||||
This Preamble is intended to describe, in plain English, the nature and scope
|
This Preamble is intended to describe, in plain English, the nature and scope of this License. However, this Preamble is not a part of this license. The legal effect of this License is dependent only upon the terms of the License and not this Preamble.
|
||||||
of this License. However, this Preamble is not a part of this license. The
|
|
||||||
legal effect of this License is dependent only upon the terms of the License
|
|
||||||
and not this Preamble.
|
|
||||||
|
|
||||||
This License complies with the Open Source Definition and is derived from
|
This License complies with the Open Source Definition and is derived from the Jabber Open Source License 1.0 (the "JOSL"), which has been approved by Open Source Initiative. Sections 4(c) and 4(f)(iii) from the JOSL have been deleted.
|
||||||
the Jabber Open Source License 1.0 (the "JOSL"), which has been approved by
|
|
||||||
Open Source Initiative. Sections 4(c) and 4(f)(iii) from the JOSL have been
|
|
||||||
deleted.
|
|
||||||
|
|
||||||
This License provides that:
|
This License provides that:
|
||||||
|
|
||||||
1. You may use or give away the Licensed Product, alone or as a component
|
1. You may use or give away the Licensed Product, alone or as a component of an aggregate software distribution containing programs from several different sources. No royalty or other fee is required.
|
||||||
of an aggregate software distribution containing programs from several different
|
|
||||||
sources. No royalty or other fee is required.
|
|
||||||
|
|
||||||
2. Both Source Code and executable versions of the Licensed Product, including
|
2. Both Source Code and executable versions of the Licensed Product, including Modifications made by previous Contributors, are available for your use. (The terms "Licensed Product," "Modifications," "Contributors" and "Source Code" are defined in the License.)
|
||||||
Modifications made by previous Contributors, are available for your use. (The
|
|
||||||
terms "Licensed Product," "Modifications," "Contributors" and "Source Code"
|
|
||||||
are defined in the License.)
|
|
||||||
|
|
||||||
3. You are allowed to make Modifications to the Licensed Product, and you
|
3. You are allowed to make Modifications to the Licensed Product, and you can create Derivative Works from it. (The term "Derivative Works" is defined in the License.)
|
||||||
can create Derivative Works from it. (The term "Derivative Works" is defined
|
|
||||||
in the License.)
|
|
||||||
|
|
||||||
4. By accepting the Licensed Product under the provisions of this License,
|
4. By accepting the Licensed Product under the provisions of this License, you agree that any Modifications you make to the Licensed Product and then distribute are governed by the provisions of this License. In particular, you must make the Source Code of your Modifications available to others free of charge and without a royalty.
|
||||||
you agree that any Modifications you make to the Licensed Product and then
|
|
||||||
distribute are governed by the provisions of this License. In particular,
|
|
||||||
you must make the Source Code of your Modifications available to others free
|
|
||||||
of charge and without a royalty.
|
|
||||||
|
|
||||||
5. You may sell, accept donations or otherwise receive compensation for executable
|
5. You may sell, accept donations or otherwise receive compensation for executable versions of a Licensed Product, without paying a royalty or other fee to the Licensor or any Contributor, provided that such executable versions contain your or another Contributor's material Modifications. For the avoidance of doubt, to the extent your executable version of a Licensed Product does not contain your or another Contributor's material Modifications, you may not sell, accept donations or otherwise receive compensation for such executable.
|
||||||
versions of a Licensed Product, without paying a royalty or other fee to the
|
|
||||||
Licensor or any Contributor, provided that such executable versions contain
|
|
||||||
your or another Contributor's material Modifications. For the avoidance of
|
|
||||||
doubt, to the extent your executable version of a Licensed Product does not
|
|
||||||
contain your or another Contributor's material Modifications, you may not
|
|
||||||
sell, accept donations or otherwise receive compensation for such executable.
|
|
||||||
|
|
||||||
You may use the Licensed Product for any purpose, but the Licensor is not
|
You may use the Licensed Product for any purpose, but the Licensor is not providing you any warranty whatsoever, nor is the Licensor accepting any liability in the event that the Licensed Product doesn't work properly or causes you any injury or damages.
|
||||||
providing you any warranty whatsoever, nor is the Licensor accepting any liability
|
|
||||||
in the event that the Licensed Product doesn't work properly or causes you
|
|
||||||
any injury or damages.
|
|
||||||
|
|
||||||
6. If you sublicense the Licensed Product or Derivative Works, you may charge
|
6. If you sublicense the Licensed Product or Derivative Works, you may charge fees for warranty or support, or for accepting indemnity or liability obligations to your customers. You cannot charge for, sell, accept donations or otherwise receive compensation for the Source Code.
|
||||||
fees for warranty or support, or for accepting indemnity or liability obligations
|
|
||||||
to your customers. You cannot charge for, sell, accept donations or otherwise
|
|
||||||
receive compensation for the Source Code.
|
|
||||||
|
|
||||||
7. If you assert any patent claims against the Licensor relating to the Licensed
|
7. If you assert any patent claims against the Licensor relating to the Licensed Product, or if you breach any terms of the License, your rights to the Licensed Product under this License automatically terminate.
|
||||||
Product, or if you breach any terms of the License, your rights to the Licensed
|
You may use this License to distribute your own Derivative Works, in which case the provisions of this License will apply to your Derivative Works just as they do to the original Licensed Product.
|
||||||
Product under this License automatically terminate.
|
|
||||||
You may use this License to distribute your own Derivative Works, in which
|
|
||||||
case the provisions of this License will apply to your Derivative Works just
|
|
||||||
as they do to the original Licensed Product.
|
|
||||||
|
|
||||||
Alternatively, you may distribute your Derivative Works under any other OSI-approved
|
Alternatively, you may distribute your Derivative Works under any other OSI-approved Open Source license, or under a proprietary license of your choice. If you use any license other than this License, however, you must continue to fulfill the requirements of this License (including the provisions relating to publishing the Source Code) for those portions of your Derivative Works that consist of the Licensed Product, including the files containing
|
||||||
Open Source license, or under a proprietary license of your choice. If you
|
|
||||||
use any license other than this License, however, you must continue to fulfill
|
|
||||||
the requirements of this License (including the provisions relating to publishing
|
|
||||||
the Source Code) for those portions of your Derivative Works that consist
|
|
||||||
of the Licensed Product, including the files containing
|
|
||||||
Modifications.
|
Modifications.
|
||||||
|
|
||||||
New versions of this License may be published from time to time in connection
|
New versions of this License may be published from time to time in connection with new versions of a Licensed Product or otherwise. You may choose to continue to use the license terms in this version of the License for the Licensed Product that was originally licensed hereunder, however, the new versions of this License will at all times apply to new versions of the Licensed Product released by Licensor after the release of the new version of this License. Only the Licensor has the right to change the License terms as they apply to the Licensed Product.
|
||||||
with new versions of a Licensed Product or otherwise. You may choose to continue
|
|
||||||
to use the license terms in this version of the License for the Licensed Product
|
|
||||||
that was originally licensed hereunder, however, the new versions of this
|
|
||||||
License will at all times apply to new versions of the Licensed Product released
|
|
||||||
by Licensor after the release of the new version of this License. Only the
|
|
||||||
Licensor has the right to change the License terms as they apply to the Licensed
|
|
||||||
Product.
|
|
||||||
|
|
||||||
This License relies on precise definitions for certain terms. Those terms
|
This License relies on precise definitions for certain terms. Those terms are defined when they are first used, and the definitions are repeated for your convenience in a Glossary at the end of the License.
|
||||||
are defined when they are first used, and the definitions are repeated for
|
|
||||||
your convenience in a Glossary at the end of the License.
|
|
||||||
|
|
||||||
License Terms
|
License Terms
|
||||||
|
|
||||||
1. Grant of License From Licensor. Subject to the terms and conditions of
|
1. Grant of License From Licensor. Subject to the terms and conditions of this License, Licensor hereby grants you a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to do the following:
|
||||||
this License, Licensor hereby grants you a world-wide, royalty-free, non-exclusive
|
|
||||||
license, subject to third party intellectual property claims, to do the following:
|
|
||||||
|
|
||||||
a. Use, reproduce, modify, display, perform, sublicense and distribute any
|
a. Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by a Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as part of Derivative Works.
|
||||||
Modifications created by a Contributor or portions thereof, in both Source
|
b. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof or Derivative Works thereof.
|
||||||
Code or as an executable program, either on an unmodified basis or as part
|
|
||||||
of Derivative Works.
|
|
||||||
b. Under claims of patents now or hereafter owned or controlled by Contributor,
|
|
||||||
to make, use, sell, offer for sale, have made, and/or otherwise dispose of
|
|
||||||
Modifications or portions thereof, but solely to the extent that any such
|
|
||||||
claim is necessary to enable you to make, use, sell, offer for sale, have
|
|
||||||
made, and/or otherwise dispose of Modifications or portions thereof or Derivative
|
|
||||||
Works thereof.
|
|
||||||
|
|
||||||
2. Grant of License to Modifications From Contributor. "Modifications" means
|
2. Grant of License to Modifications From Contributor. "Modifications" means any additions to or deletions from the substance or structure of (i) a file containing a Licensed Product, or (ii) any new file that contains any part of a Licensed Product. Hereinafter in this License, the term "Licensed Product" shall include all previous Modifications that you receive from any Contributor. Subject to the terms and conditions of this License, By application of the provisions in Section 4(a) below, each person or entity who created or contributed to the creation of, and distributed, a Modification (a "Contributor") hereby grants you a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to do the following:
|
||||||
any additions to or deletions from the substance or structure of (i) a file
|
|
||||||
containing a Licensed Product, or (ii) any new file that contains any part
|
|
||||||
of a Licensed Product. Hereinafter in this License, the term "Licensed Product"
|
|
||||||
shall include all previous Modifications that you receive from any Contributor.
|
|
||||||
Subject to the terms and conditions of this License, By application of the
|
|
||||||
provisions in Section 4(a) below, each person or entity who created or contributed
|
|
||||||
to the creation of, and distributed, a Modification (a "Contributor") hereby
|
|
||||||
grants you a world-wide, royalty-free, non-exclusive license, subject to third
|
|
||||||
party intellectual property claims, to do the following:
|
|
||||||
|
|
||||||
a. Use, reproduce, modify, display, perform, sublicense and distribute any
|
a. Use, reproduce, modify, display, perform, sublicense and distribute any Modifications created by such Contributor or portions thereof, in both Source Code or as an executable program, either on an unmodified basis or as part of Derivative Works.
|
||||||
Modifications created by such Contributor or portions thereof, in both Source
|
|
||||||
Code or as an executable program, either on an unmodified basis or as part
|
|
||||||
of Derivative Works.
|
|
||||||
|
|
||||||
b. Under claims of patents now or hereafter owned or controlled by Contributor,
|
b. Under claims of patents now or hereafter owned or controlled by Contributor, to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof, but solely to the extent that any such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of Modifications or portions thereof or Derivative Works thereof.
|
||||||
to make, use, sell, offer for sale, have made, and/or otherwise dispose of
|
|
||||||
Modifications or portions thereof, but solely to the extent that any such
|
|
||||||
claim is necessary to enable you to make, use, sell, offer for sale, have
|
|
||||||
made, and/or otherwise dispose of Modifications or portions thereof or Derivative
|
|
||||||
Works thereof.
|
|
||||||
|
|
||||||
3. Exclusions From License Grant. Nothing in this License shall be deemed
|
3. Exclusions From License Grant. Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributor except as expressly stated herein. No patent license is granted separate from the Licensed Product, for code that you delete from the Licensed Product, or for combinations of the Licensed Product with other software or hardware. No right is granted to the trademarks of Licensor or any Contributor even if such marks are included in the Licensed Product. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any code that Licensor otherwise would have a right to license. As an express condition for your use of the Licensed Product, you hereby agree that you will not, without the prior written consent of Licensor, use any trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributor except as expressly stated herein. For the avoidance of doubt and without limiting the foregoing, you hereby agree that you will not use or display any trademark of Licensor or any Contributor in any domain name, directory filepath, advertisement, link or other reference to you in any manner or in any media.
|
||||||
to grant any rights to trademarks, copyrights, patents, trade secrets or any
|
|
||||||
other intellectual property of Licensor or any Contributor except as expressly
|
|
||||||
stated herein. No patent license is granted separate from the Licensed Product,
|
|
||||||
for code that you delete from the Licensed Product, or for combinations of
|
|
||||||
the Licensed Product with other software or hardware. No right is granted
|
|
||||||
to the trademarks of Licensor or any Contributor even if such marks are included
|
|
||||||
in the Licensed Product. Nothing in this License shall be interpreted to prohibit
|
|
||||||
Licensor from licensing under different terms from this License any code that
|
|
||||||
Licensor otherwise would have a right to license. As an express condition
|
|
||||||
for your use of the Licensed Product, you hereby agree that you will not,
|
|
||||||
without the prior written consent of Licensor, use any trademarks, copyrights,
|
|
||||||
patents, trade secrets or any other intellectual property of Licensor or any
|
|
||||||
Contributor except as expressly stated herein. For the avoidance of doubt
|
|
||||||
and without limiting the foregoing, you hereby agree that you will not use
|
|
||||||
or display any trademark of Licensor or any Contributor in any domain name,
|
|
||||||
directory filepath, advertisement, link or other reference to you in any manner
|
|
||||||
or in any media.
|
|
||||||
|
|
||||||
4. Your Obligations Regarding Distribution.
|
4. Your Obligations Regarding Distribution.
|
||||||
|
|
||||||
a. Application of This License to Your Modifications. As an express condition
|
a. Application of This License to Your Modifications. As an express condition for your use of the Licensed Product, you hereby agree that any Modifications that you create or to which you contribute, and which you distribute, are governed by the terms of this License including, without limitation, Section 2. Any Modifications that you create or to which you contribute may be distributed only under the terms of this License or a future version of this License released under Section 7. You must include a copy of this License with every copy of the Modifications you distribute. You agree not to offer or impose any terms on any Source Code or executable version of the Licensed Product or Modifications that alter or restrict the applicable version of this License or the recipients' rights hereunder. However, you may include an additional document offering the additional rights described in Section 4(d).
|
||||||
for your use of the Licensed Product, you hereby agree that any Modifications
|
|
||||||
that you create or to which you contribute, and which you distribute, are
|
|
||||||
governed by the terms of this License including, without limitation, Section
|
|
||||||
2. Any Modifications that you create or to which you contribute may be distributed
|
|
||||||
only under the terms of this License or a future version of this License released
|
|
||||||
under Section 7. You must include a copy of this License with every copy of
|
|
||||||
the Modifications you distribute. You agree not to offer or impose any terms
|
|
||||||
on any Source Code or executable version of the Licensed Product or Modifications
|
|
||||||
that alter or restrict the applicable version of this License or the recipients'
|
|
||||||
rights hereunder. However, you may include an additional document offering
|
|
||||||
the additional rights described in Section 4(d).
|
|
||||||
|
|
||||||
b. Availability of Source Code. You must make available, without charge, under
|
b. Availability of Source Code. You must make available, without charge, under the terms of this License, the Source Code of the Licensed Product and any Modifications that you distribute, either on the same media as you distribute any executable or other form of the Licensed Product, or via a mechanism generally accepted in the software development community for the electronic transfer of data (an "Electronic Distribution Mechanism"). The Source Code for any version of Licensed Product or Modifications that you distribute must remain available for as long as any executable or other form of the Licensed Product is distributed by you. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
|
||||||
the terms of this License, the Source Code of the Licensed Product and any
|
|
||||||
Modifications that you distribute, either on the same media as you distribute
|
|
||||||
any executable or other form of the Licensed Product, or via a mechanism generally
|
|
||||||
accepted in the software development community for the electronic transfer
|
|
||||||
of data (an "Electronic Distribution Mechanism"). The Source Code for any
|
|
||||||
version of Licensed Product or Modifications that you distribute must remain
|
|
||||||
available for as long as any executable or other form of the Licensed Product
|
|
||||||
is distributed by you. You are responsible for ensuring that the Source Code
|
|
||||||
version remains available even if the Electronic Distribution Mechanism is
|
|
||||||
maintained by a third party.
|
|
||||||
|
|
||||||
c. Intellectual Property Matters.
|
c. Intellectual Property Matters.
|
||||||
|
|
||||||
i. Third Party Claims. If you have knowledge that a license to a third party's
|
i. Third Party Claims. If you have knowledge that a license to a third party's intellectual property right is required to exercise the rights granted by this License, you must include a text file with the Source Code distribution titled "LEGAL" that describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after you make any Modifications available as described in Section 4(b), you shall promptly modify the LEGAL file in all copies you make available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Licensed Product from you that new knowledge has been obtained.
|
||||||
intellectual property right is required to exercise the rights granted by
|
ii. Contributor APIs. If your Modifications include an application programming interface ("API") and you have knowledge of patent licenses that are reasonably necessary to implement that API, you must also include this information in the LEGAL file.
|
||||||
this License, you must include a text file with the Source Code distribution
|
iii. Representations. You represent that, except as disclosed pursuant to 4(c)(i) above, you believe that any Modifications you distribute are your original creations and that you have sufficient rights to grant the rights conveyed by this License.
|
||||||
titled "LEGAL" that describes the claim and the party making the claim in
|
|
||||||
sufficient detail that a recipient will know whom to contact. If you obtain
|
|
||||||
such knowledge after you make any Modifications available as described in
|
|
||||||
Section 4(b), you shall promptly modify the LEGAL file in all copies you make
|
|
||||||
available thereafter and shall take other steps (such as notifying appropriate
|
|
||||||
mailing lists or newsgroups) reasonably calculated to inform those who received
|
|
||||||
the Licensed Product from you that new knowledge has been obtained.
|
|
||||||
ii. Contributor APIs. If your Modifications include an application programming
|
|
||||||
interface ("API") and you have knowledge of patent licenses that are reasonably
|
|
||||||
necessary to implement that API, you must also include this information in
|
|
||||||
the LEGAL file.
|
|
||||||
iii. Representations. You represent that, except as disclosed pursuant to
|
|
||||||
4(c)(i) above, you believe that any Modifications you distribute are your
|
|
||||||
original creations and that you have sufficient rights to grant the rights
|
|
||||||
conveyed by this License.
|
|
||||||
|
|
||||||
d. Required Notices. You must duplicate this License in any documentation
|
d. Required Notices. You must duplicate this License in any documentation you provide along with the Source Code of any Modifications you create or to which you contribute, and which you distribute, wherever you describe recipients' rights relating to Licensed Product. You must duplicate the notice contained in Exhibit A (the "Notice") in each file of the Source Code of any copy you distribute of the Licensed Product. If you created a Modification, you may add your name as a Contributor to the Notice. If it is not possible to put the Notice in a particular Source Code file due to its structure, then you must include such Notice in a location (such as a relevant directory file) where a user would be likely to look for such a notice. You may choose to offer, and charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Licensed Product. However, you may do so only on your own behalf, and not on behalf of the Licensor or any Contributor. You must make it clear that any such warranty, support, indemnity or liability obligation is offered by you alone, and you hereby agree to indemnify the Licensor and every Contributor for any liability incurred by the Licensor or such Contributor as a result of warranty, support, indemnity or liability terms you offer.
|
||||||
you provide along with the Source Code of any Modifications you create or
|
|
||||||
to which you contribute, and which you distribute, wherever you describe recipients'
|
|
||||||
rights relating to Licensed Product. You must duplicate the notice contained
|
|
||||||
in Exhibit A (the "Notice") in each file of the Source Code of any copy you
|
|
||||||
distribute of the Licensed Product. If you created a Modification, you may
|
|
||||||
add your name as a Contributor to the Notice. If it is not possible to put
|
|
||||||
the Notice in a particular Source Code file due to its structure, then you
|
|
||||||
must include such Notice in a location (such as a relevant directory file)
|
|
||||||
where a user would be likely to look for such a notice. You may choose to
|
|
||||||
offer, and charge a fee for, warranty, support, indemnity or liability obligations
|
|
||||||
to one or more recipients of Licensed Product. However, you may do so only
|
|
||||||
on your own behalf, and not on behalf of the Licensor or any Contributor.
|
|
||||||
You must make it clear that any such warranty, support, indemnity or liability
|
|
||||||
obligation is offered by you alone, and you hereby agree to indemnify the
|
|
||||||
Licensor and every Contributor for any liability incurred by the Licensor
|
|
||||||
or such Contributor as a result of warranty, support, indemnity or liability
|
|
||||||
terms you offer.
|
|
||||||
|
|
||||||
e. Distribution of Executable Versions. You may distribute Licensed Product
|
e. Distribution of Executable Versions. You may distribute Licensed Product as an executable program under a license of your choice that may contain terms different from this License provided (i) you have satisfied the requirements of Sections 4(a) through 4(d) for that distribution, (ii) you include a conspicuous notice in the executable version, related documentation and collateral materials stating that the Source Code version of the Licensed Product is available under the terms of this License, including a description of how and where you have fulfilled the obligations of Section 4(b), and (iii) you make it clear that any terms that differ from this License are offered by you alone, not by Licensor or any Contributor. You hereby agree to indemnify the Licensor and every Contributor for any liability incurred by Licensor or such Contributor as a result of any terms you offer.
|
||||||
as an executable program under a license of your choice that may contain terms
|
|
||||||
different from this License provided (i) you have satisfied the requirements
|
|
||||||
of Sections 4(a) through 4(d) for that distribution, (ii) you include a conspicuous
|
|
||||||
notice in the executable version, related documentation and collateral materials
|
|
||||||
stating that the Source Code version of the Licensed Product is available
|
|
||||||
under the terms of this License, including a description of how and where
|
|
||||||
you have fulfilled the obligations of Section 4(b), and (iii) you make it
|
|
||||||
clear that any terms that differ from this License are offered by you alone,
|
|
||||||
not by Licensor or any Contributor. You hereby agree to indemnify the Licensor
|
|
||||||
and every Contributor for any liability incurred by Licensor or such Contributor
|
|
||||||
as a result of any terms you offer.
|
|
||||||
|
|
||||||
f. Distribution of Derivative Works. You may create Derivative Works (e.g.,
|
f. Distribution of Derivative Works. You may create Derivative Works (e.g., combinations of some or all of the Licensed Product with other code) and distribute the Derivative Works as products under any other license you select, with the proviso that the requirements of this License are fulfilled for those portions of the Derivative Works that consist of the Licensed Product or any Modifications thereto.
|
||||||
combinations of some or all of the Licensed Product with other code) and distribute
|
|
||||||
the Derivative Works as products under any other license you select, with
|
|
||||||
the proviso that the requirements of this License are fulfilled for those
|
|
||||||
portions of the Derivative Works that consist of the Licensed Product or any
|
|
||||||
Modifications thereto.
|
|
||||||
|
|
||||||
g. Compensation for Distribution of Executable Versions of Licensed Products,
|
g. Compensation for Distribution of Executable Versions of Licensed Products, Modifications or Derivative Works. Notwithstanding any provision of this License to the contrary, by distributing, selling, licensing, sublicensing or otherwise making available any Licensed Product, or Modification or Derivative Work thereof, you and Licensor hereby acknowledge and agree that you may sell, license or sublicense for a fee, accept donations or otherwise receive compensation for executable versions of a Licensed Product, without paying a royalty or other fee to the Licensor or any other Contributor, provided that such executable versions (i) contain your or another Contributor's material Modifications, or (ii) are otherwise material Derivative Works. For purposes of this License, an executable version of the Licensed Product will be deemed to contain a material Modification, or will otherwise be deemed a material Derivative Work, if (a) the Licensed Product is modified with your own or a third party's software programs or other code, and/or the Licensed Product is combined with a number of your own or a third party's software programs or code, respectively, and (b) such software programs or code add or contribute material value, functionality or features to the License Product. For the avoidance of doubt, to the extent your executable version of a Licensed Product does not contain your or another Contributor's material Modifications or is otherwise not a material Derivative Work, in each case as contemplated herein, you may not sell, license or sublicense for a fee, accept donations or otherwise receive compensation for such executable. Additionally, without limitation of the foregoing and notwithstanding any provision of this License to the contrary, you cannot charge for, sell, license or sublicense for a fee, accept donations or otherwise receive compensation for the Source Code.
|
||||||
Modifications or Derivative Works. Notwithstanding any provision of this License
|
|
||||||
to the contrary, by distributing, selling, licensing, sublicensing or otherwise
|
|
||||||
making available any Licensed Product, or Modification or Derivative Work
|
|
||||||
thereof, you and Licensor hereby acknowledge and agree that you may sell,
|
|
||||||
license or sublicense for a fee, accept donations or otherwise receive compensation
|
|
||||||
for executable versions of a Licensed Product, without paying a royalty or
|
|
||||||
other fee to the Licensor or any other Contributor, provided that such executable
|
|
||||||
versions (i) contain your or another Contributor's material Modifications,
|
|
||||||
or (ii) are otherwise material Derivative Works. For purposes of this License,
|
|
||||||
an executable version of the Licensed Product will be deemed to contain a
|
|
||||||
material Modification, or will otherwise be deemed a material Derivative Work,
|
|
||||||
if (a) the Licensed Product is modified with your own or a third party's software
|
|
||||||
programs or other code, and/or the Licensed Product is combined with a number
|
|
||||||
of your own or a third party's software programs or code, respectively, and
|
|
||||||
(b) such software programs or code add or contribute material value, functionality
|
|
||||||
or features to the License Product. For the avoidance of doubt, to the extent
|
|
||||||
your executable version of a Licensed Product does not contain your or another
|
|
||||||
Contributor's material Modifications or is otherwise not a material Derivative
|
|
||||||
Work, in each case as contemplated herein, you may not sell, license or sublicense
|
|
||||||
for a fee, accept donations or otherwise receive compensation for such executable.
|
|
||||||
Additionally, without limitation of the foregoing and notwithstanding any
|
|
||||||
provision of this License to the contrary, you cannot charge for, sell, license
|
|
||||||
or sublicense for a fee, accept donations or otherwise receive compensation
|
|
||||||
for the Source Code.
|
|
||||||
|
|
||||||
5. Inability to Comply Due to Statute or Regulation. If it is impossible for
|
5. Inability to Comply Due to Statute or Regulation. If it is impossible for you to comply with any of the terms of this License with respect to some or all of the Licensed Product due to statute, judicial order, or regulation, then you must (i) comply with the terms of this License to the maximum extent possible, (ii) cite the statute or regulation that prohibits you from adhering to the License, and (iii) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 4(d), and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill at computer programming to be able to understand it.
|
||||||
you to comply with any of the terms of this License with respect to some or
|
|
||||||
all of the Licensed Product due to statute, judicial order, or regulation,
|
|
||||||
then you must (i) comply with the terms of this License to the maximum extent
|
|
||||||
possible, (ii) cite the statute or regulation that prohibits you from adhering
|
|
||||||
to the License, and (iii) describe the limitations and the code they affect.
|
|
||||||
Such description must be included in the LEGAL file described in Section 4(d),
|
|
||||||
and must be included with all distributions of the Source Code. Except to
|
|
||||||
the extent prohibited by statute or regulation, such description must be sufficiently
|
|
||||||
detailed for a recipient of ordinary skill at computer programming to be able
|
|
||||||
to understand it.
|
|
||||||
|
|
||||||
6. Application of This License. This License applies to code to which Licensor
|
6. Application of This License. This License applies to code to which Licensor or Contributor has attached the Notice in Exhibit A, which is incorporated herein by this reference.
|
||||||
or Contributor has attached the Notice in Exhibit A, which is incorporated
|
|
||||||
herein by this reference.
|
|
||||||
|
|
||||||
7. Versions of This License.
|
7. Versions of This License.
|
||||||
|
|
||||||
a. New Versions. Licensor may publish from time to time revised and/or new
|
a. New Versions. Licensor may publish from time to time revised and/or new versions of the License.
|
||||||
versions of the License.
|
|
||||||
|
|
||||||
b. Effect of New Versions. Once Licensed Product has been published under
|
b. Effect of New Versions. Once Licensed Product has been published under a particular version of the License, you may always continue to use it under the terms of that version, provided that any such license be in full force and effect at the time, and has not been revoked or otherwise terminated. You may also choose to use such Licensed Product under the terms of any subsequent version (but not any prior version) of the License published by Licensor. No one other than Licensor has the right to modify the terms applicable to Licensed Product created under this License.
|
||||||
a particular version of the License, you may always continue to use it under
|
|
||||||
the terms of that version, provided that any such license be in full force
|
|
||||||
and effect at the time, and has not been revoked or otherwise terminated.
|
|
||||||
You may also choose to use such Licensed Product under the terms of any subsequent
|
|
||||||
version (but not any prior version) of the License published by Licensor.
|
|
||||||
No one other than Licensor has the right to modify the terms applicable to
|
|
||||||
Licensed Product created under this License.
|
|
||||||
|
|
||||||
c. Derivative Works of this License. If you create or use a modified version
|
c. Derivative Works of this License. If you create or use a modified version of this License, which you may do only in order to apply it to software that is not already a Licensed Product under this License, you must rename your license so that it is not confusingly similar to this License, and must make it clear that your license contains terms that differ from this License. In so naming your license, you may not use any trademark of Licensor or any Contributor.
|
||||||
of this License, which you may do only in order to apply it to software that
|
|
||||||
is not already a Licensed Product under this License, you must rename your
|
|
||||||
license so that it is not confusingly similar to this License, and must make
|
|
||||||
it clear that your license contains terms that differ from this License. In
|
|
||||||
so naming your license, you may not use any trademark of Licensor or any Contributor.
|
|
||||||
|
|
||||||
8. Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE
|
8. Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
|
||||||
ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
|
|
||||||
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED PRODUCT IS FREE
|
|
||||||
OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
|
|
||||||
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT
|
|
||||||
IS WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU (AND
|
|
||||||
NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
|
|
||||||
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
|
|
||||||
ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED PRODUCT IS AUTHORIZED HEREUNDER
|
|
||||||
EXCEPT UNDER THIS DISCLAIMER.
|
|
||||||
|
|
||||||
9. Termination.
|
9. Termination.
|
||||||
|
|
||||||
a. Automatic Termination Upon Breach. This license and the rights granted
|
a. Automatic Termination Upon Breach. This license and the rights granted hereunder will terminate automatically if you fail to comply with the terms herein and fail to cure such breach within ten (10) days of being notified of the breach by the Licensor. For purposes of this provision, proof of delivery via email to the address listed in the 'WHOIS' database of the registrar for any website through which you distribute or market any Licensed Product, or to any alternate email address which you designate in writing to the Licensor, shall constitute sufficient notification. All sublicenses to the Licensed Product that are properly granted shall survive any termination of this license so long as they continue to complye with the terms of this License. Provisions that, by their nature, must remain in effect beyond the termination of this License, shall survive.
|
||||||
hereunder will terminate automatically if you fail to comply with the terms
|
|
||||||
herein and fail to cure such breach within ten (10) days of being notified
|
|
||||||
of the breach by the Licensor. For purposes of this provision, proof of delivery
|
|
||||||
via email to the address listed in the 'WHOIS' database of the registrar for
|
|
||||||
any website through which you distribute or market any Licensed Product, or
|
|
||||||
to any alternate email address which you designate in writing to the Licensor,
|
|
||||||
shall constitute sufficient notification. All sublicenses to the Licensed
|
|
||||||
Product that are properly granted shall survive any termination of this license
|
|
||||||
so long as they continue to complye with the terms of this License. Provisions
|
|
||||||
that, by their nature, must remain in effect beyond the termination of this
|
|
||||||
License, shall survive.
|
|
||||||
|
|
||||||
b. Termination Upon Assertion of Patent Infringement. If you initiate litigation
|
b. Termination Upon Assertion of Patent Infringement. If you initiate litigation by asserting a patent infringement claim (excluding declaratory judgment actions) against Licensor or a Contributor (Licensor or Contributor against whom you file such an action is referred to herein as Respondent) alleging that Licensed Product directly or indirectly infringes any patent, then any and all rights granted by such Respondent to you under Sections 1 or 2 of this License shall terminate prospectively upon sixty (60) days notice from Respondent (the "Notice Period") unless within that Notice Period you either agree in writing (i) to pay Respondent a mutually agreeable reasonably royalty for your past or future use of Licensed Product made by such Respondent, or (ii) withdraw your litigation claim with respect to Licensed Product against such Respondent. If within said Notice Period a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Licensor to you under Sections 1 and 2 automatically terminate at the expiration of said Notice Period.
|
||||||
by asserting a patent infringement claim (excluding declaratory judgment actions)
|
|
||||||
against Licensor or a Contributor (Licensor or Contributor against whom you
|
|
||||||
file such an action is referred to herein as Respondent) alleging that Licensed
|
|
||||||
Product directly or indirectly infringes any patent, then any and all rights
|
|
||||||
granted by such Respondent to you under Sections 1 or 2 of this License shall
|
|
||||||
terminate prospectively upon sixty (60) days notice from Respondent (the "Notice
|
|
||||||
Period") unless within that Notice Period you either agree in writing (i)
|
|
||||||
to pay Respondent a mutually agreeable reasonably royalty for your past or
|
|
||||||
future use of Licensed Product made by such Respondent, or (ii) withdraw your
|
|
||||||
litigation claim with respect to Licensed Product against such Respondent.
|
|
||||||
If within said Notice Period a reasonable royalty and payment arrangement
|
|
||||||
are not mutually agreed upon in writing by the parties or the litigation claim
|
|
||||||
is not withdrawn, the rights granted by Licensor to you under Sections 1 and
|
|
||||||
2 automatically terminate at the expiration of said Notice Period.
|
|
||||||
|
|
||||||
c. Reasonable Value of This License. If you assert a patent infringement claim
|
c. Reasonable Value of This License. If you assert a patent infringement claim against Respondent alleging that Licensed Product directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by said Respondent under Sections 1 and 2 shall be taken into account in determining the amount or value of any payment or license.
|
||||||
against Respondent alleging that Licensed Product directly or indirectly infringes
|
|
||||||
any patent where such claim is resolved (such as by license or settlement)
|
|
||||||
prior to the initiation of patent infringement litigation, then the reasonable
|
|
||||||
value of the licenses granted by said Respondent under Sections 1 and 2 shall
|
|
||||||
be taken into account in determining the amount or value of any payment or
|
|
||||||
license.
|
|
||||||
|
|
||||||
d. No Retroactive Effect of Termination. In the event of termination under
|
d. No Retroactive Effect of Termination. In the event of termination under Sections 9(a) or 9(b) above, all end user license agreements (excluding licenses to distributors and resellers) that have been validly granted by you or any distributor hereunder prior to termination shall survive termination.
|
||||||
Sections 9(a) or 9(b) above, all end user license agreements (excluding licenses
|
|
||||||
to distributors and resellers) that have been validly granted by you or any
|
|
||||||
distributor hereunder prior to termination shall survive termination.
|
|
||||||
|
|
||||||
10. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
|
10. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
|
||||||
WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR,
|
|
||||||
ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER OF
|
|
||||||
ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
|
|
||||||
OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
|
|
||||||
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
|
|
||||||
AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE
|
|
||||||
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
|
|
||||||
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
|
|
||||||
PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
|
|
||||||
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
|
|
||||||
OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO
|
|
||||||
YOU.
|
|
||||||
|
|
||||||
11. Responsibility for Claims. As between Licensor and Contributors, each
|
11. Responsibility for Claims. As between Licensor and Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License. You agree to work with Licensor and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
|
||||||
party is responsible for claims and damages arising, directly or indirectly,
|
|
||||||
out of its utilization of rights under this License. You agree to work with
|
|
||||||
Licensor and Contributors to distribute such responsibility on an equitable
|
|
||||||
basis. Nothing herein is intended or shall be deemed to constitute any admission
|
|
||||||
of liability.
|
|
||||||
|
|
||||||
12. U.S. Government End Users. The Licensed Product is a commercial item,
|
12. U.S. Government End Users. The Licensed Product is a commercial item, as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of commercial computer software and commercial computer software documentation, as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Licensed Product with only those rights set forth herein.
|
||||||
as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of commercial
|
|
||||||
computer software and commercial computer software documentation, as such
|
|
||||||
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
|
|
||||||
12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
|
|
||||||
End Users acquire Licensed Product with only those rights set forth herein.
|
|
||||||
|
|
||||||
13. Miscellaneous. This License represents the complete agreement concerning
|
13. Miscellaneous. This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. You expressly agree that in any litigation relating to this license the losing party shall be responsible for costs including, without limitation, court costs and reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this License.
|
||||||
the subject matter hereof. If any provision of this License is held to be
|
|
||||||
unenforceable, such provision shall be reformed only to the extent necessary
|
|
||||||
to make it enforceable. This License shall be governed by California law provisions
|
|
||||||
(except to the extent applicable law, if any, provides otherwise), excluding
|
|
||||||
its conflict-of-law provisions. You expressly agree that in any litigation
|
|
||||||
relating to this license the losing party shall be responsible for costs including,
|
|
||||||
without limitation, court costs and reasonable attorneys fees and expenses.
|
|
||||||
The application of the United Nations Convention on Contracts for the International
|
|
||||||
Sale of Goods is expressly excluded. Any law or regulation that provides that
|
|
||||||
the language of a contract shall be construed against the drafter shall not
|
|
||||||
apply to this License.
|
|
||||||
|
|
||||||
14. Definition of You in This License. You throughout this License, whether
|
14. Definition of You in This License. You throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 7. For legal entities, you includes any entity that controls, is controlled by, is under common control with, or affiliated with, you. For purposes of this definition, control means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. You are responsible for advising any affiliated entity of the terms of this License, and that any rights or privileges derived from or obtained by way of this License are subject to the restrictions outlined herein.
|
||||||
in upper or lower case, means an individual or a legal entity exercising rights
|
|
||||||
under, and complying with all of the terms of, this License or a future version
|
|
||||||
of this License issued under Section 7. For legal entities, you includes any
|
|
||||||
entity that controls, is controlled by, is under common control with, or affiliated
|
|
||||||
with, you. For purposes of this definition, control means (i) the power, direct
|
|
||||||
or indirect, to cause the direction or management of such entity, whether
|
|
||||||
by contract or otherwise, or (ii) ownership of fifty percent (50%) or more
|
|
||||||
of the outstanding shares, or (iii) beneficial ownership of such entity. You
|
|
||||||
are responsible for advising any affiliated entity of the terms of this License,
|
|
||||||
and that any rights or privileges derived from or obtained by way of this
|
|
||||||
License are subject to the restrictions outlined herein.
|
|
||||||
|
|
||||||
15. Glossary. All defined terms in this License that are used in more than
|
15. Glossary. All defined terms in this License that are used in more than one Section of this License are repeated here, in alphabetical order, for the convenience of the reader. The Section of this License in which each defined term is first used is shown in parentheses.
|
||||||
one Section of this License are repeated here, in alphabetical order, for
|
|
||||||
the convenience of the reader. The Section of this License in which each defined
|
|
||||||
term is first used is shown in parentheses.
|
|
||||||
|
|
||||||
Contributor: Each person or entity who created or contributed to the creation
|
Contributor: Each person or entity who created or contributed to the creation of, and distributed, a Modification. (See Section 2)
|
||||||
of, and distributed, a Modification. (See Section 2)
|
|
||||||
|
|
||||||
Derivative Works: That term as used in this License is defined under U.S.
|
Derivative Works: That term as used in this License is defined under U.S. copyright law. (See Section 1(b))
|
||||||
copyright law. (See Section 1(b))
|
|
||||||
|
|
||||||
License: This BitTorrent Open Source License. (See first paragraph of License)
|
License: This BitTorrent Open Source License. (See first paragraph of License)
|
||||||
|
|
||||||
Licensed Product: Any BitTorrent Product licensed pursuant to this License.
|
Licensed Product: Any BitTorrent Product licensed pursuant to this License. The term "Licensed Product" includes all previous Modifications from any Contributor that you receive. (See first paragraph of License and Section 2)
|
||||||
The term "Licensed Product" includes all previous Modifications from any Contributor
|
|
||||||
that you receive. (See first paragraph of License and Section 2)
|
|
||||||
|
|
||||||
Licensor: BitTorrent, Inc. (See first paragraph of License)
|
Licensor: BitTorrent, Inc. (See first paragraph of License)
|
||||||
|
|
||||||
Modifications: Any additions to or deletions from the substance or structure
|
Modifications: Any additions to or deletions from the substance or structure of (i) a file containing Licensed
|
||||||
of (i) a file containing Licensed
|
Product, or (ii) any new file that contains any part of Licensed Product. (See Section 2)
|
||||||
Product, or (ii) any new file that contains any part of Licensed Product.
|
|
||||||
(See Section 2)
|
|
||||||
|
|
||||||
Notice: The notice contained in Exhibit A. (See Section 4(e))
|
Notice: The notice contained in Exhibit A. (See Section 4(e))
|
||||||
|
|
||||||
Source Code: The preferred form for making modifications to the Licensed Product,
|
Source Code: The preferred form for making modifications to the Licensed Product, including all modules contained therein, plus any associated interface definition files, scripts used to control compilation and installation of an executable program, or a list of differential comparisons against the Source Code of the Licensed Product. (See Section 1(a))
|
||||||
including all modules contained therein, plus any associated interface definition
|
|
||||||
files, scripts used to control compilation and installation of an executable
|
|
||||||
program, or a list of differential comparisons against the Source Code of
|
|
||||||
the Licensed Product. (See Section 1(a))
|
|
||||||
|
|
||||||
You: This term is defined in Section 14 of this License.
|
You: This term is defined in Section 14 of this License.
|
||||||
|
|
||||||
EXHIBIT A
|
EXHIBIT A
|
||||||
|
|
||||||
The Notice below must appear in each file of the Source Code of any copy you
|
The Notice below must appear in each file of the Source Code of any copy you distribute of the Licensed Product or any hereto. Contributors to any Modifications may add their own copyright notices to identify their own contributions.
|
||||||
distribute of the Licensed Product or any hereto. Contributors to any Modifications
|
|
||||||
may add their own copyright notices to identify their own contributions.
|
|
||||||
|
|
||||||
License:
|
License:
|
||||||
The contents of this file are subject to the BitTorrent Open Source License
|
The contents of this file are subject to the BitTorrent Open Source License Version 1.0 (the License). You may not copy or use this file, in either source code or executable form, except in compliance with the License. You may obtain a copy of the License at http://www.bittorrent.com/license/.
|
||||||
Version 1.0 (the License). You may not copy or use this file, in either source
|
|
||||||
code or executable form, except in compliance with the License. You may obtain
|
|
||||||
a copy of the License at http://www.bittorrent.com/license/.
|
|
||||||
|
|
||||||
Software distributed under the License is distributed on an AS IS basis, WITHOUT
|
Software distributed under the License is distributed on an AS IS basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
|
||||||
WARRANTY OF ANY KIND, either express or implied. See the License for the specific
|
|
||||||
language governing rights and limitations under the License.
|
|
||||||
|
|
||||||
BitTorrent, Inc.
|
BitTorrent, Inc.
|
||||||
|
|
|
@ -1,6 +1,5 @@
|
||||||
Copyright 1993 Francis Borceux
|
Copyright 1993 Francis Borceux
|
||||||
You may freely use, modify, and/or distribute each of the files in this package
|
You may freely use, modify, and/or distribute each of the files in this package without limitation. The package consists of the following files:
|
||||||
without limitation. The package consists of the following files:
|
|
||||||
|
|
||||||
README
|
README
|
||||||
compatibility/OldDiagram
|
compatibility/OldDiagram
|
||||||
|
@ -16,6 +15,5 @@ diagram/MultipleArrows
|
||||||
user-guides/Diagram_Mode_d_Emploi
|
user-guides/Diagram_Mode_d_Emploi
|
||||||
user-guides/Diagram_Read_Me
|
user-guides/Diagram_Read_Me
|
||||||
|
|
||||||
Of course no support is guaranteed, but the author will attempt to assist
|
Of course no support is guaranteed, but the author will attempt to assist with problems. Current email address:
|
||||||
with problems. Current email address:
|
|
||||||
francis dot borceux at uclouvain dot be.
|
francis dot borceux at uclouvain dot be.
|
||||||
|
|
|
@ -1,58 +1,29 @@
|
||||||
Computer Associates Trusted Open Source License
|
Computer Associates Trusted Open Source License
|
||||||
Version 1.1
|
Version 1.1
|
||||||
|
|
||||||
PLEASE READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRETY. THE ACCOMPANYING
|
PLEASE READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRETY. THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMPUTER ASSOCIATES TRUSTED OPEN SOURCE LICENSE ("LICENSE"). ANY USE, REPRODUCTION, MODIFICATION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES THE RECIPIENT'S ACCEPTANCE OF THIS LICENSE.
|
||||||
PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMPUTER ASSOCIATES TRUSTED OPEN
|
|
||||||
SOURCE LICENSE ("LICENSE"). ANY USE, REPRODUCTION, MODIFICATION OR DISTRIBUTION
|
|
||||||
OF THE PROGRAM CONSTITUTES THE RECIPIENT'S ACCEPTANCE OF THIS LICENSE.
|
|
||||||
|
|
||||||
License Background
|
License Background
|
||||||
|
|
||||||
Computer Associates International, Inc. (CA) believes in open source. We believe
|
Computer Associates International, Inc. (CA) believes in open source. We believe that the open source development approach can take appropriate software programs to unprecedented levels of quality, growth, and innovation. To demonstrate our continuing commitment to open source, we are releasing the Program (as defined below) under this License.
|
||||||
that the open source development approach can take appropriate software programs
|
|
||||||
to unprecedented levels of quality, growth, and innovation. To demonstrate
|
|
||||||
our continuing commitment to open source, we are releasing the Program (as
|
|
||||||
defined below) under this License.
|
|
||||||
|
|
||||||
This License is intended to permit contributors and recipients of the Program
|
This License is intended to permit contributors and recipients of the Program to use the Program, including its source code, freely and without many of the concerns of some other open source licenses. Although we expect the underlying Program, and Contributions (as defined below) made to such Program, to remain open, this License is designed to permit you to maintain your own software programs free of this License unless you choose to do so. Thus, only your Contributions to the Program must be distributed under the terms of this License.
|
||||||
to use the Program, including its source code, freely and without many of
|
|
||||||
the concerns of some other open source licenses. Although we expect the underlying
|
|
||||||
Program, and Contributions (as defined below) made to such Program, to remain
|
|
||||||
open, this License is designed to permit you to maintain your own software
|
|
||||||
programs free of this License unless you choose to do so. Thus, only your
|
|
||||||
Contributions to the Program must be distributed under the terms of this License.
|
|
||||||
|
|
||||||
The provisions that follow set forth the terms and conditions under which
|
The provisions that follow set forth the terms and conditions under which you may use the Program.
|
||||||
you may use the Program.
|
|
||||||
|
|
||||||
1. DEFINITIONS
|
1. DEFINITIONS
|
||||||
|
|
||||||
1.1 Contribution means (a) in the case of CA, the Original Program; and (b)
|
1.1 Contribution means (a) in the case of CA, the Original Program; and (b) in the case of each Contributor (including CA), changes and additions to the Program, where such changes and/or additions to the Program originate from and are distributed by that particular Contributor to unaffiliated third parties. A Contribution originates from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributors behalf. Contributions do not include additions to the Program which: (x) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (y) are not derivative works of the Program.
|
||||||
in the case of each Contributor (including CA), changes and additions to the
|
|
||||||
Program, where such changes and/or additions to the Program originate from
|
|
||||||
and are distributed by that particular Contributor to unaffiliated third parties.
|
|
||||||
A Contribution originates from a Contributor if it was added to the Program
|
|
||||||
by such Contributor itself or anyone acting on such Contributors behalf. Contributions
|
|
||||||
do not include additions to the Program which: (x) are separate modules of
|
|
||||||
software distributed in conjunction with the Program under their own license
|
|
||||||
agreement, and (y) are not derivative works of the Program.
|
|
||||||
|
|
||||||
1.2 Contributor means CA and any other person or entity that distributes the
|
1.2 Contributor means CA and any other person or entity that distributes the Program.
|
||||||
Program.
|
|
||||||
|
|
||||||
1.3 Contributor Version means as to a Contributor, that version of the Program
|
1.3 Contributor Version means as to a Contributor, that version of the Program that includes the Contributors Contribution but not any Contributions made to the Program thereafter.
|
||||||
that includes the Contributors Contribution but not any Contributions made
|
|
||||||
to the Program thereafter.
|
|
||||||
|
|
||||||
1.4 Larger Work means a work that combines the Program or portions thereof
|
1.4 Larger Work means a work that combines the Program or portions thereof with code not governed by the terms of this License.
|
||||||
with code not governed by the terms of this License.
|
|
||||||
|
|
||||||
1.5 Licensed Patents mean patents licensable by a Contributor that are infringed
|
1.5 Licensed Patents mean patents licensable by a Contributor that are infringed by the use or sale of its Contribution alone or when combined with the Program.
|
||||||
by the use or sale of its Contribution alone or when combined with the Program.
|
|
||||||
|
|
||||||
1.6 Original Program means the original version of the software to which this
|
1.6 Original Program means the original version of the software to which this License is attached and as released by CA, including source code, object code and documentation, if any.
|
||||||
License is attached and as released by CA, including source code, object code
|
|
||||||
and documentation, if any.
|
|
||||||
|
|
||||||
1.7 Program means the Original Program and Contributions.
|
1.7 Program means the Original Program and Contributions.
|
||||||
|
|
||||||
|
@ -60,264 +31,84 @@ and documentation, if any.
|
||||||
|
|
||||||
2. GRANT OF RIGHTS
|
2. GRANT OF RIGHTS
|
||||||
|
|
||||||
2.1 Subject to the terms of this License, each Contributor hereby grants Recipient
|
2.1 Subject to the terms of this License, each Contributor hereby grants Recipient an irrevocable, non-exclusive, worldwide, royalty-free license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form. For the avoidance of doubt, the license provided in this Section 2.1 shall not include a license to any Licensed Patents of a Contributor.
|
||||||
an irrevocable, non-exclusive, worldwide, royalty-free license to reproduce,
|
|
||||||
prepare derivative works of, publicly display, publicly perform, distribute
|
|
||||||
and sublicense the Contribution of such Contributor, if any, and such derivative
|
|
||||||
works, in source code and object code form. For the avoidance of doubt, the
|
|
||||||
license provided in this Section 2.1 shall not include a license to any Licensed
|
|
||||||
Patents of a Contributor.
|
|
||||||
|
|
||||||
2.2 Subject to the terms of this License, each Contributor hereby grants Recipient
|
2.2 Subject to the terms of this License, each Contributor hereby grants Recipient an irrevocable, non-exclusive, worldwide, royalty-free license to the Licensed Patents to the extent necessary to make, use, sell, offer to sell and import the Contribution of such Contributor, if any, in source code and object code form. The license granted in this Section 2.2 shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes the Licensed Patents to be infringed by such combination. Notwithstanding the foregoing, no license is granted under this Section 2.2: (a) for any code or works that do not include the Contributor Version, as it exists and is used in accordance with the terms hereof; (b) for infringements caused by: (i) third party modifications of the Contributor Version; or (ii) the combination of Contributions made by each such Contributor with other software (except as part of the Contributor Version) or other devices; or (c) with respect to Licensed Patents infringed by the Program in the absence of Contributions made by that Contributor.
|
||||||
an irrevocable, non-exclusive, worldwide, royalty-free license to the Licensed
|
|
||||||
Patents to the extent necessary to make, use, sell, offer to sell and import
|
|
||||||
the Contribution of such Contributor, if any, in source code and object code
|
|
||||||
form. The license granted in this Section 2.2 shall apply to the combination
|
|
||||||
of the Contribution and the Program if, at the time the Contribution is added
|
|
||||||
by the Contributor, such addition of the Contribution causes the Licensed
|
|
||||||
Patents to be infringed by such combination. Notwithstanding the foregoing,
|
|
||||||
no license is granted under this Section 2.2: (a) for any code or works that
|
|
||||||
do not include the Contributor Version, as it exists and is used in accordance
|
|
||||||
with the terms hereof; (b) for infringements caused by: (i) third party modifications
|
|
||||||
of the Contributor Version; or (ii) the combination of Contributions made
|
|
||||||
by each such Contributor with other software (except as part of the Contributor
|
|
||||||
Version) or other devices; or (c) with respect to Licensed Patents infringed
|
|
||||||
by the Program in the absence of Contributions made by that Contributor.
|
|
||||||
|
|
||||||
2.3 Recipient understands that although each Contributor grants the licenses
|
2.3 Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, except as provided in Section 2.4, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other person or entity. Each Contributor disclaims any liability to Recipient for claims brought by any other person or entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any.
|
||||||
to its Contributions set forth herein, except as provided in Section 2.4,
|
|
||||||
no assurances are provided by any Contributor that the Program does not infringe
|
|
||||||
the patent or other intellectual property rights of any other person or entity.
|
|
||||||
Each Contributor disclaims any liability to Recipient for claims brought by
|
|
||||||
any other person or entity based on infringement of intellectual property
|
|
||||||
rights or otherwise. As a condition to exercising the rights and licenses
|
|
||||||
granted hereunder, each Recipient hereby assumes sole responsibility to secure
|
|
||||||
any other intellectual property rights needed, if any.
|
|
||||||
|
|
||||||
2.4 Each Contributor represents and warrants that it has all right, title
|
2.4 Each Contributor represents and warrants that it has all right, title and interest in the copyrights in its Contributions, and has the right to grant the copyright licenses set forth in this License.
|
||||||
and interest in the copyrights in its Contributions, and has the right to
|
|
||||||
grant the copyright licenses set forth in this License.
|
|
||||||
|
|
||||||
3. DISTRIBUTION REQUIREMENTS
|
3. DISTRIBUTION REQUIREMENTS
|
||||||
|
|
||||||
3.1 If the Program is distributed in object code form, then a prominent notice
|
3.1 If the Program is distributed in object code form, then a prominent notice must be included in the code itself as well as in any related documentation, stating that the source code for the Program is available from the Contributor with information on how and where to obtain the source code. A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
|
||||||
must be included in the code itself as well as in any related documentation,
|
|
||||||
stating that the source code for the Program is available from the Contributor
|
|
||||||
with information on how and where to obtain the source code. A Contributor
|
|
||||||
may choose to distribute the Program in object code form under its own license
|
|
||||||
agreement, provided that:
|
|
||||||
|
|
||||||
* it complies with the terms and conditions of this License; and
|
* it complies with the terms and conditions of this License; and
|
||||||
* its license agreement:
|
* its license agreement:
|
||||||
* effectively disclaims on behalf of all Contributors all warranties and conditions,
|
* effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose, to the maximum extent permitted by applicable law;
|
||||||
express and implied, including warranties or conditions of title and non-infringement,
|
* effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits, to the maximum extent permitted by applicable law;
|
||||||
and implied warranties or conditions of merchantability and fitness for a
|
* states that any provisions which are inconsistent with this License are offered by that Contributor alone and not by any other party; and
|
||||||
particular purpose, to the maximum extent permitted by applicable law;
|
* states that source code for the Program is available from such Contributor at the cost of distribution, and informs licensees how to obtain it in a reasonable manner.
|
||||||
* effectively excludes on behalf of all Contributors all liability for damages,
|
|
||||||
including direct, indirect, special, incidental and consequential damages,
|
|
||||||
such as lost profits, to the maximum extent permitted by applicable law;
|
|
||||||
* states that any provisions which are inconsistent with this License are
|
|
||||||
offered by that Contributor alone and not by any other party; and
|
|
||||||
* states that source code for the Program is available from such Contributor
|
|
||||||
at the cost of distribution, and informs licensees how to obtain it in a reasonable
|
|
||||||
manner.
|
|
||||||
|
|
||||||
3.2 When the Program is made available in source code form:
|
3.2 When the Program is made available in source code form:
|
||||||
|
|
||||||
* it must be made available under this License; and
|
* it must be made available under this License; and
|
||||||
* a copy of this License must be included with each copy of the Program.
|
* a copy of this License must be included with each copy of the Program.
|
||||||
|
|
||||||
3.3 This License is intended to facilitate the commercial distribution of
|
3.3 This License is intended to facilitate the commercial distribution of the Program by any Contributor. However, Contributors may only charge Recipients a one-time, upfront fee for the distribution of the Program. Contributors may not charge Recipients any recurring charge, license fee, or any ongoing royalty for the Recipients exercise of its rights under this License to the Program. Contributors shall make the source code for the Contributor Version they distribute available at a cost, if any, equal to the cost to the Contributor to physically copy and distribute the work. It is not the intent of this License to prohibit a Contributor from charging fees for any service or maintenance that a Contributor may charge to a Recipient, so long as such fees are not an attempt to circumvent the foregoing restrictions on charging royalties or other recurring fees for the Program itself.
|
||||||
the Program by any Contributor. However, Contributors may only charge Recipients
|
|
||||||
a one-time, upfront fee for the distribution of the Program. Contributors
|
|
||||||
may not charge Recipients any recurring charge, license fee, or any ongoing
|
|
||||||
royalty for the Recipients exercise of its rights under this License to the
|
|
||||||
Program. Contributors shall make the source code for the Contributor Version
|
|
||||||
they distribute available at a cost, if any, equal to the cost to the Contributor
|
|
||||||
to physically copy and distribute the work. It is not the intent of this License
|
|
||||||
to prohibit a Contributor from charging fees for any service or maintenance
|
|
||||||
that a Contributor may charge to a Recipient, so long as such fees are not
|
|
||||||
an attempt to circumvent the foregoing restrictions on charging royalties
|
|
||||||
or other recurring fees for the Program itself.
|
|
||||||
|
|
||||||
3.4 A Contributor may create a Larger Work by combining the Program with other
|
3.4 A Contributor may create a Larger Work by combining the Program with other software code not governed by the terms of this License, and distribute the Larger Work as a single product. In such a case, the Contributor must make sure that the requirements of this License are fulfilled for the Program. Any Contributor who includes the Program in a commercial product offering, including as part of a Larger Work, may subject itself, but not any other Contributor, to additional contractual commitments, including, but not limited to, performance warranties and non-infringement representations on suchContributors behalf. No Contributor may create any additional liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor (Commercial Contributor) hereby agrees to defend and indemnify every other Contributor (Indemnified Contributor) who made Contributions to the Program distributed by the Commercial Contributor against any losses, damages and costs (collectively Losses) arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions, including any additional contractual commitments, of such Commercial Contributor in connection with its distribution of the Program. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement.
|
||||||
software code not governed by the terms of this License, and distribute the
|
|
||||||
Larger Work as a single product. In such a case, the Contributor must make
|
|
||||||
sure that the requirements of this License are fulfilled for the Program.
|
|
||||||
Any Contributor who includes the Program in a commercial product offering,
|
|
||||||
including as part of a Larger Work, may subject itself, but not any other
|
|
||||||
Contributor, to additional contractual commitments, including, but not limited
|
|
||||||
to, performance warranties and non-infringement representations on suchContributors
|
|
||||||
behalf. No Contributor may create any additional liability for other Contributors.
|
|
||||||
Therefore, if a Contributor includes the Program in a commercial product offering,
|
|
||||||
such Contributor (Commercial Contributor) hereby agrees to defend and indemnify
|
|
||||||
every other Contributor (Indemnified Contributor) who made Contributions to
|
|
||||||
the Program distributed by the Commercial Contributor against any losses,
|
|
||||||
damages and costs (collectively Losses) arising from claims, lawsuits and
|
|
||||||
other legal actions brought by a third party against the Indemnified Contributor
|
|
||||||
to the extent caused by the acts or omissions, including any additional contractual
|
|
||||||
commitments, of such Commercial Contributor in connection with its distribution
|
|
||||||
of the Program. The obligations in this section do not apply to any claims
|
|
||||||
or Losses relating to any actual or alleged intellectual property infringement.
|
|
||||||
|
|
||||||
3.5 If Contributor has knowledge that a license under a third partys intellectual
|
3.5 If Contributor has knowledge that a license under a third partys intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must (a) include a text file with the Program source code distribution titled ../IP_ISSUES, and (b) notify CA in writing at Computer Associates International, Inc., One Computer Associates Plaza, Islandia, New York 11749, Attn: Open Source Group or by email at opensource@ca.com, both describing the claim and the party making the claim in sufficient detail that a Recipient and CA will know whom to contact with regard to such matter. If Contributor obtains such knowledge after the Contribution is made available, Contributor shall also promptly modify the IP_ISSUES file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Program that such new knowledge has been obtained.
|
||||||
property rights is required to exercise the rights granted by such Contributor
|
|
||||||
under Sections 2.1 or 2.2, Contributor must (a) include a text file with the
|
|
||||||
Program source code distribution titled ../IP_ISSUES, and (b) notify CA in
|
|
||||||
writing at Computer Associates International, Inc., One Computer Associates
|
|
||||||
Plaza, Islandia, New York 11749, Attn: Open Source Group or by email at opensource@ca.com,
|
|
||||||
both describing the claim and the party making the claim in sufficient detail
|
|
||||||
that a Recipient and CA will know whom to contact with regard to such matter.
|
|
||||||
If Contributor obtains such knowledge after the Contribution is made available,
|
|
||||||
Contributor shall also promptly modify the IP_ISSUES file in all copies Contributor
|
|
||||||
makes available thereafter and shall take other steps (such as notifying appropriate
|
|
||||||
mailing lists or newsgroups) reasonably calculated to inform those who received
|
|
||||||
the Program that such new knowledge has been obtained.
|
|
||||||
|
|
||||||
3.6 Recipient shall not remove, obscure, or modify any CA or other Contributor
|
3.6 Recipient shall not remove, obscure, or modify any CA or other Contributor copyright or patent proprietary notices appearing in the Program, whether in the source code, object code or in any documentation. In addition to the obligations set forth in Section 4, each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.
|
||||||
copyright or patent proprietary notices appearing in the Program, whether
|
|
||||||
in the source code, object code or in any documentation. In addition to the
|
|
||||||
obligations set forth in Section 4, each Contributor must identify itself
|
|
||||||
as the originator of its Contribution, if any, in a manner that reasonably
|
|
||||||
allows subsequent Recipients to identify the originator of the Contribution.
|
|
||||||
|
|
||||||
4. CONTRIBUTION RESTRICTIONS
|
4. CONTRIBUTION RESTRICTIONS
|
||||||
|
|
||||||
4.1 Each Contributor must cause the Program to which the Contributor provides
|
4.1 Each Contributor must cause the Program to which the Contributor provides a Contribution to contain a file documenting the changes the Contributor made to create its version of the Program and the date of any change. Each Contributor must also include a prominent statement that the Contribution is derived, directly or indirectly, from the Program distributed by a prior Contributor, including the name of the prior Contributor from which such Contribution was derived, in (a) the Program source code, and (b) in any notice in an executable version or related documentation in which the Contributor describes the origin or ownership of the Program.
|
||||||
a Contribution to contain a file documenting the changes the Contributor made
|
|
||||||
to create its version of the Program and the date of any change. Each Contributor
|
|
||||||
must also include a prominent statement that the Contribution is derived,
|
|
||||||
directly or indirectly, from the Program distributed by a prior Contributor,
|
|
||||||
including the name of the prior Contributor from which such Contribution was
|
|
||||||
derived, in (a) the Program source code, and (b) in any notice in an executable
|
|
||||||
version or related documentation in which the Contributor describes the origin
|
|
||||||
or ownership of the Program.
|
|
||||||
|
|
||||||
5. NO WARRANTY
|
5. NO WARRANTY
|
||||||
|
|
||||||
5.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE PROGRAM IS PROVIDED
|
5.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE PROGRAM IS PROVIDED AS IS AND IN ITS PRESENT STATE AND CONDITION. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE PROGRAM IS GIVEN OR ASSUMED BY ANY CONTRIBUTOR AND ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
|
||||||
AS IS AND IN ITS PRESENT STATE AND CONDITION. NO WARRANTY, REPRESENTATION,
|
|
||||||
CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
|
|
||||||
AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY,
|
|
||||||
OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE PROGRAM IS GIVEN OR ASSUMED
|
|
||||||
BY ANY CONTRIBUTOR AND ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS
|
|
||||||
AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
|
|
||||||
|
|
||||||
5.2 Each Recipient is solely responsible for determining the appropriateness
|
5.2 Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this License, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
|
||||||
of using and distributing the Program and assumes all risks associated with
|
|
||||||
its exercise of rights under this License, including but not limited to the
|
|
||||||
risks and costs of program errors, compliance with applicable laws, damage
|
|
||||||
to or loss of data, programs or equipment, and unavailability or interruption
|
|
||||||
of operations.
|
|
||||||
|
|
||||||
5.3 Each Recipient acknowledges that the Program is not intended for use in
|
5.3 Each Recipient acknowledges that the Program is not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, or air traffic control machines in which case the failure of the Program could lead to death, personal injury, or severe physical or environmental damage.
|
||||||
the operation of nuclear facilities, aircraft navigation, communication systems,
|
|
||||||
or air traffic control machines in which case the failure of the Program could
|
|
||||||
lead to death, personal injury, or severe physical or environmental damage.
|
|
||||||
|
|
||||||
6. DISCLAIMER OF LIABILITY
|
6. DISCLAIMER OF LIABILITY
|
||||||
|
|
||||||
6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, AND TO THE EXTENT PERMITTED
|
6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, AND TO THE EXTENT PERMITTED BY LAW, NO CONTRIBUTOR SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
||||||
BY LAW, NO CONTRIBUTOR SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
|
|
||||||
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT
|
|
||||||
LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
|
|
||||||
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
|
|
||||||
ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE
|
|
||||||
OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
|
|
||||||
DAMAGES.
|
|
||||||
|
|
||||||
7. TRADEMARKS AND BRANDING
|
7. TRADEMARKS AND BRANDING
|
||||||
|
|
||||||
7.1 This License does not grant any Recipient or any third party any rights
|
7.1 This License does not grant any Recipient or any third party any rights to use the trademarks or trade names now or subsequently posted at http://www.ca.com/catrdmrk.htm, or any other trademarks, service marks, logos or trade names belonging to CA (collectively CA Marks) or to any trademark, service mark, logo or trade name belonging to any Contributor. Recipient agrees not to use any CA Marks in or as part of the name of products derived from the Original Program or to endorse or promote products derived from the Original Program.
|
||||||
to use the trademarks or trade names now or subsequently posted at http://www.ca.com/catrdmrk.htm,
|
|
||||||
or any other trademarks, service marks, logos or trade names belonging to
|
|
||||||
CA (collectively CA Marks) or to any trademark, service mark, logo or trade
|
|
||||||
name belonging to any Contributor. Recipient agrees not to use any CA Marks
|
|
||||||
in or as part of the name of products derived from the Original Program or
|
|
||||||
to endorse or promote products derived from the Original Program.
|
|
||||||
|
|
||||||
7.2 Subject to Section 7.1, Recipients may distribute the Program under trademarks,
|
7.2 Subject to Section 7.1, Recipients may distribute the Program under trademarks, logos, and product names belonging to the Recipient provided that all copyright and other attribution notices remain in the Program.
|
||||||
logos, and product names belonging to the Recipient provided that all copyright
|
|
||||||
and other attribution notices remain in the Program.
|
|
||||||
|
|
||||||
8. PATENT LITIGATION
|
8. PATENT LITIGATION
|
||||||
|
|
||||||
8.1 If Recipient institutes patent litigation against any person or entity
|
8.1 If Recipient institutes patent litigation against any person or entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipients patent(s), then such Recipients rights granted under Section 2.2 shall terminate as of the date such litigation is filed.
|
||||||
(including a cross-claim or counterclaim in a lawsuit) alleging that the Program
|
|
||||||
itself (excluding combinations of the Program with other software or hardware)
|
|
||||||
infringes such Recipients patent(s), then such Recipients rights granted under
|
|
||||||
Section 2.2 shall terminate as of the date such litigation is filed.
|
|
||||||
|
|
||||||
9. OWNERSHIP
|
9. OWNERSHIP
|
||||||
|
|
||||||
9.1 Subject to the licenses granted under this License in Sections 2.1 and
|
9.1 Subject to the licenses granted under this License in Sections 2.1 and 2.2 above, each Contributor retains all rights, title and interest in and to any Contributions made by such Contributor. CA retains all rights, title and interest in and to the Original Program and any Contributions made by or on behalf of CA (CA Contributions), and such CA Contributions will not be automatically subject to this License. CA may, at its sole discretion, choose to license such CA Contributions under this License, or on different terms from those contained in this License or may choose not to license them at all.
|
||||||
2.2 above, each Contributor retains all rights, title and interest in and
|
|
||||||
to any Contributions made by such Contributor. CA retains all rights, title
|
|
||||||
and interest in and to the Original Program and any Contributions made by
|
|
||||||
or on behalf of CA (CA Contributions), and such CA Contributions will not
|
|
||||||
be automatically subject to this License. CA may, at its sole discretion,
|
|
||||||
choose to license such CA Contributions under this License, or on different
|
|
||||||
terms from those contained in this License or may choose not to license them
|
|
||||||
at all.
|
|
||||||
|
|
||||||
10. TERMINATION
|
10. TERMINATION
|
||||||
|
|
||||||
10.1 All of Recipients rights under this License shall terminate if it fails
|
10.1 All of Recipients rights under this License shall terminate if it fails to comply with any of the material terms or conditions of this License and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If Recipients rights under this License terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipients obligations under this License and any licenses granted by Recipient as a Contributor relating to the Program shall continue and survive termination.
|
||||||
to comply with any of the material terms or conditions of this License and
|
|
||||||
does not cure such failure in a reasonable period of time after becoming aware
|
|
||||||
of such noncompliance. If Recipients rights under this License terminate,
|
|
||||||
Recipient agrees to cease use and distribution of the Program as soon as reasonably
|
|
||||||
practicable. However, Recipients obligations under this License and any licenses
|
|
||||||
granted by Recipient as a Contributor relating to the Program shall continue
|
|
||||||
and survive termination.
|
|
||||||
|
|
||||||
11. GENERAL
|
11. GENERAL
|
||||||
|
|
||||||
11.1 If any provision of this License is invalid or unenforceable under applicable
|
11.1 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 hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
|
||||||
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 hereto,
|
|
||||||
such provision shall be reformed to the minimum extent necessary to make such
|
|
||||||
provision valid and enforceable.
|
|
||||||
|
|
||||||
11.2 CA may publish new versions (including revisions) of this License from
|
11.2 CA may publish new versions (including revisions) of this License from time to time. Each new version of the License will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the License under which it was received. In addition, after a new version of the License is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. No one other than CA has the right to modify this License.
|
||||||
time to time. Each new version of the License will be given a distinguishing
|
|
||||||
version number. The Program (including Contributions) may always be distributed
|
|
||||||
subject to the version of the License under which it was received. In addition,
|
|
||||||
after a new version of the License is published, Contributor may elect to
|
|
||||||
distribute the Program (including its Contributions) under the new version.
|
|
||||||
No one other than CA has the right to modify this License.
|
|
||||||
|
|
||||||
11.3 If it is impossible for Recipient to comply with any of the terms of
|
11.3 If it is impossible for Recipient to comply with any of the terms of this License with respect to some or all of the Program due to statute, judicial order, or regulation, then Recipient must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the IP_ISSUES file described in Section 3.5 and must be included with all distributions of the Program source code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a Recipient of ordinary skill to be able to understand it.
|
||||||
this License with respect to some or all of the Program due to statute, judicial
|
|
||||||
order, or regulation, then Recipient must: (a) comply with the terms of this
|
|
||||||
License to the maximum extent possible; and (b) describe the limitations and
|
|
||||||
the code they affect. Such description must be included in the IP_ISSUES file
|
|
||||||
described in Section 3.5 and must be included with all distributions of the
|
|
||||||
Program source code. Except to the extent prohibited by statute or regulation,
|
|
||||||
such description must be sufficiently detailed for a Recipient of ordinary
|
|
||||||
skill to be able to understand it.
|
|
||||||
|
|
||||||
11.4 This License is governed by the laws of the State of New York. No Recipient
|
11.4 This License is governed by the laws of the State of New York. No Recipient will bring a legal action under this License more than one year after the cause of action arose. Each Recipient waives its rights to a jury trial in any resulting litigation. Any litigation or other dispute resolution between a Recipient and CA relating to this License shall take place in the State of New York, and Recipient and CA hereby consent to the personal jurisdiction of, and venue in, the state and federal courts within that district with respect to this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
|
||||||
will bring a legal action under this License more than one year after the
|
|
||||||
cause of action arose. Each Recipient waives its rights to a jury trial in
|
|
||||||
any resulting litigation. Any litigation or other dispute resolution between
|
|
||||||
a Recipient and CA relating to this License shall take place in the State
|
|
||||||
of New York, and Recipient and CA hereby consent to the personal jurisdiction
|
|
||||||
of, and venue in, the state and federal courts within that district with respect
|
|
||||||
to this License. The application of the United Nations Convention on Contracts
|
|
||||||
for the International Sale of Goods is expressly excluded.
|
|
||||||
|
|
||||||
11.5 Where Recipient is located in the province of Quebec, Canada, the following
|
11.5 Where Recipient is located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this License and all related documents be drafted in English. Les parties contractantes confirment qu'elles ont exige que le present contrat et tous les documents associes soient rediges en anglais.
|
||||||
clause applies: The parties hereby confirm that they have requested that this
|
|
||||||
License and all related documents be drafted in English. Les parties contractantes
|
|
||||||
confirment qu'elles ont exige que le present contrat et tous les documents
|
|
||||||
associes soient rediges en anglais.
|
|
||||||
|
|
||||||
11.6 The Program is subject to all export and import laws, restrictions and
|
11.6 The Program is subject to all export and import laws, restrictions and regulations of the country in which Recipient receives the Program. Recipient is solely responsible for complying with and ensuring that Recipient does not export, re-export, or import the Program in violation of such laws, restrictions or regulations, or without any necessary licenses and authorizations.
|
||||||
regulations of the country in which Recipient receives the Program. Recipient
|
|
||||||
is solely responsible for complying with and ensuring that Recipient does
|
|
||||||
not export, re-export, or import the Program in violation of such laws, restrictions
|
|
||||||
or regulations, or without any necessary licenses and authorizations.
|
|
||||||
|
|
||||||
11.7 This License constitutes the entire agreement between the parties with
|
11.7 This License constitutes the entire agreement between the parties with respect to the subject matter hereof.
|
||||||
respect to the subject matter hereof.
|
|
||||||
|
|
|
@ -1,200 +1,80 @@
|
||||||
Creative Commons Attribution 1.0
|
Creative Commons Attribution 1.0
|
||||||
|
|
||||||
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
|
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS DRAFT LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
|
||||||
SERVICES. DISTRIBUTION OF THIS DRAFT LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT
|
|
||||||
RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS.
|
|
||||||
CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND
|
|
||||||
DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
|
|
||||||
|
|
||||||
License
|
License
|
||||||
|
|
||||||
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS
|
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE IS PROHIBITED.
|
||||||
PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR
|
|
||||||
OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS
|
|
||||||
LICENSE IS PROHIBITED.
|
|
||||||
|
|
||||||
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO
|
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
|
||||||
BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS
|
|
||||||
CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
|
|
||||||
|
|
||||||
1. Definitions
|
1. Definitions
|
||||||
|
|
||||||
a. "Collective Work" means a work, such as a periodical issue, anthology or
|
a. "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.
|
||||||
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.
|
|
||||||
|
|
||||||
b. "Derivative Work" means a work based upon the Work or upon the Work and
|
b. "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.
|
||||||
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.
|
|
||||||
|
|
||||||
c. "Licensor" means the individual or entity that offers the Work under the
|
c. "Licensor" means the individual or entity that offers the Work under the terms of this License.
|
||||||
terms of this License.
|
|
||||||
|
|
||||||
d. "Original Author" means the individual or entity who created the Work.
|
d. "Original Author" means the individual or entity who created the Work.
|
||||||
|
|
||||||
e. "Work" means the copyrightable work of authorship offered under the terms
|
e. "Work" means the copyrightable work of authorship offered under the terms of this License.
|
||||||
of this License.
|
|
||||||
|
|
||||||
f. "You" means an individual or entity exercising rights under this License
|
f. "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.
|
||||||
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.
|
|
||||||
|
|
||||||
2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
|
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.
|
||||||
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
|
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:
|
||||||
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:
|
|
||||||
|
|
||||||
a. to reproduce the Work, to incorporate the Work into one or more Collective
|
a. 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;
|
||||||
Works, and to reproduce the Work as incorporated in the Collective Works;
|
|
||||||
|
|
||||||
b. to create and reproduce Derivative Works;
|
b. to create and reproduce Derivative Works;
|
||||||
|
|
||||||
c. to distribute copies or phonorecords of, display publicly, perform publicly,
|
c. 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;
|
||||||
and perform publicly by means of a digital audio transmission the Work including
|
|
||||||
as incorporated in Collective Works;
|
|
||||||
|
|
||||||
d. to distribute copies or phonorecords of, display publicly, perform publicly,
|
d. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works;
|
||||||
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
|
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.
|
||||||
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.
|
|
||||||
|
|
||||||
4. Restrictions. The license granted in Section 3 above is expressly made
|
4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
|
||||||
subject to and limited by the following restrictions:
|
|
||||||
|
|
||||||
a. You may distribute, publicly display, publicly perform, or publicly digitally
|
a. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this 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 Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. 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 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 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 reference to such Licensor or the Original Author, as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any reference to such Licensor or the Original Author, as requested.
|
||||||
perform the Work only under the terms of this 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 Work that alter or restrict the terms of this License or the recipients'
|
|
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perform the Work or any Derivative Works or Collective Works, You must keep
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Author"). Such credit may be implemented in any reasonable manner; provided,
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a. This License and the rights granted hereunder will terminate automatically
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a. 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.
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a. Each time You distribute or publicly digitally perform the Work or a Collective
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a. 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.
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c. If any provision of this License is invalid or unenforceable under applicable
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the terms of this License, and without further action by the parties to this
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agreement, such provision shall be reformed to the minimum extent necessary
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Creative Commons is not a party to this License, and makes no warranty whatsoever
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Except for the limited purpose of indicating to the public that the Work is
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Creative Commons may be contacted at http://creativecommons.org/.
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Creative Commons may be contacted at http://creativecommons.org/.
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@ -1,217 +1,81 @@
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Creative Commons Attribution 2.0
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Creative Commons Attribution 2.0
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
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1. Definitions
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1. Definitions
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||||||
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|
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a. "Collective Work" means a work, such as a periodical issue, anthology or
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a. "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.
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encyclopedia, in which the Work in its entirety in unmodified form, along
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with a number of other contributions, constituting separate and independent
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works in themselves, are assembled into a collective whole. A work that constitutes
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a Collective Work will not be considered a Derivative Work (as defined below)
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for the purposes of this License.
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|
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b. "Derivative Work" means a work based upon the Work or upon the Work and
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b. "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.
|
||||||
other pre-existing works, such as a translation, musical arrangement, dramatization,
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fictionalization, motion picture version, sound recording, art reproduction,
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abridgment, condensation, or any other form in which the Work may be recast,
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transformed, or adapted, except that a work that constitutes a Collective
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Work will not be considered a Derivative Work for the purpose of this License.
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For the avoidance of doubt, where the Work is a musical composition or sound
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recording, the synchronization of the Work in timed-relation with a moving
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image ("synching") will be considered a Derivative Work for the purpose of
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this License.
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c. "Licensor" means the individual or entity that offers the Work under the
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c. "Licensor" means the individual or entity that offers the Work under the terms of this License.
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terms of this License.
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||||||
d. "Original Author" means the individual or entity who created the Work.
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d. "Original Author" means the individual or entity who created the Work.
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|
||||||
e. "Work" means the copyrightable work of authorship offered under the terms
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e. "Work" means the copyrightable work of authorship offered under the terms of this License.
|
||||||
of this License.
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|
||||||
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|
||||||
f. "You" means an individual or entity exercising rights under this License
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f. "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.
|
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who has not previously violated the terms of this License with respect to
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the Work, or who has received express permission from the Licensor to exercise
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rights under this License despite a previous violation.
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2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
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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.
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||||||
or restrict any rights arising from fair use, first sale or other limitations
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on the exclusive rights of the copyright owner under copyright law or other
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||||||
applicable laws.
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|
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3. License Grant. Subject to the terms and conditions of this License, Licensor
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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:
|
||||||
hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for
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the duration of the applicable copyright) license to exercise the rights in
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the Work as stated below:
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|
||||||
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|
||||||
a. to reproduce the Work, to incorporate the Work into one or more Collective
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a. 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;
|
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Works, and to reproduce the Work as incorporated in the Collective Works;
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b. to create and reproduce Derivative Works;
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b. to create and reproduce Derivative Works;
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|
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c. to distribute copies or phonorecords of, display publicly, perform publicly,
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c. 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;
|
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and perform publicly by means of a digital audio transmission the Work including
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|
||||||
as incorporated in Collective Works;
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|
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|
||||||
d. to distribute copies or phonorecords of, display publicly, perform publicly,
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d. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works.
|
||||||
and perform publicly by means of a digital audio transmission Derivative Works.
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|
||||||
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|
||||||
e. For the avoidance of doubt, where the work is a musical composition:
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e. For the avoidance of doubt, where the work is a musical composition:
|
||||||
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|
||||||
i. Performance Royalties Under Blanket Licenses. Licensor waives the exclusive
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i. Performance Royalties Under Blanket Licenses. Licensor waives 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.
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right to collect, whether individually or via a performance rights society
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(e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital
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|
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performance (e.g. webcast) of the Work.
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|
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ii. Mechanical Rights and Statutory Royalties. Licensor waives the exclusive
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ii. Mechanical Rights and Statutory Royalties. Licensor waives 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).
|
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right to collect, whether individually or via a music rights agency or designated
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agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from
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||||||
the Work ("cover version") and distribute, subject to the compulsory license
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|
||||||
created by 17 USC Section 115 of the US Copyright Act (or the equivalent in
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|
||||||
other jurisdictions).
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|
||||||
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|
||||||
f. Webcasting Rights and Statutory Royalties. For the avoidance of doubt,
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|
||||||
where the Work is a sound recording, Licensor waives the exclusive right to
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|
||||||
collect, whether individually or via a performance-rights society (e.g. SoundExchange),
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|
||||||
royalties for the public digital performance (e.g. webcast) of the Work, subject
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|
||||||
to the compulsory license created by 17 USC Section 114 of the US Copyright
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|
||||||
Act (or the equivalent in other jurisdictions).
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|
||||||
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|
||||||
The above rights may be exercised in all media and formats whether now known
|
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.
|
||||||
or hereafter devised. The above rights include the right to make such modifications
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as are technically necessary to exercise the rights in other media and formats.
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|
||||||
All rights not expressly granted by Licensor are hereby reserved.
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4. Restrictions. The license granted in Section 3 above is expressly made
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||||||
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|
||||||
perform the Work only under the terms of this License, and You must include
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perform the Work or any Derivative Works or Collective Works, You must keep
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a. 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.
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Creative Commons may be contacted at http://creativecommons.org/.
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Creative Commons may be contacted at http://creativecommons.org/.
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
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1. Definitions
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1. Definitions
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|
||||||
a. "Adaptation" means a work based upon the Work, or upon the Work and other
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a. "Adaptation" means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work that constitutes a Collection will not be considered an Adaptation for the purpose of this License. For the avoidance of doubt, where the Work is a musical work, performance or phonogram, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered an Adaptation for the purpose of this License.
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pre-existing works, such as a translation, adaptation, derivative work, arrangement
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of music or other alterations of a literary or artistic work, or phonogram
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or performance and includes cinematographic adaptations or any other form
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in which the Work may be recast, transformed, or adapted including in any
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form recognizably derived from the original, except that a work that constitutes
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a Collection will not be considered an Adaptation for the purpose of this
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License. For the avoidance of doubt, where the Work is a musical work, performance
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or phonogram, the synchronization of the Work in timed-relation with a moving
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image ("synching") will be considered an Adaptation for the purpose of this
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License.
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b. "Collection" means a collection of literary or artistic works, such as
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b. "Collection" means a collection of literary or artistic works, such as encyclopedias and anthologies, or performances, phonograms or broadcasts, or other works or subject matter other than works listed in Section 1(f) below, which, by reason of the selection and arrangement of their contents, constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each constituting separate and independent works in themselves, which together are assembled into a collective whole. A work that constitutes a Collection will not be considered an Adaptation (as defined above) for the purposes of this License.
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encyclopedias and anthologies, or performances, phonograms or broadcasts,
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or other works or subject matter other than works listed in Section 1(f) below,
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which, by reason of the selection and arrangement of their contents, constitute
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intellectual creations, in which the Work is included in its entirety in unmodified
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form along with one or more other contributions, each constituting separate
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and independent works in themselves, which together are assembled into a collective
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whole. A work that constitutes a Collection will not be considered an Adaptation
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|
||||||
(as defined above) for the purposes of this License.
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||||||
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||||||
c. "Distribute" means to make available to the public the original and copies
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c. "Distribute" means to make available to the public the original and copies of the Work or Adaptation, as appropriate, through sale or other transfer of ownership.
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of the Work or Adaptation, as appropriate, through sale or other transfer
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of ownership.
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d. "Licensor" means the individual, individuals, entity or entities that offer(s)
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d. "Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this License.
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the Work under the terms of this License.
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e. "Original Author" means, in the case of a literary or artistic work, the
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e. "Original Author" means, in the case of a literary or artistic work, the individual, individuals, entity or entities who created the Work or if no individual or entity can be identified, the publisher; and in addition (i) in the case of a performance the actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary or artistic works or expressions of folklore; (ii) in the case of a phonogram the producer being the person or legal entity who first fixes the sounds of a performance or other sounds; and, (iii) in the case of broadcasts, the organization that transmits the broadcast.
|
||||||
individual, individuals, entity or entities who created the Work or if no
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|
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individual or entity can be identified, the publisher; and in addition (i)
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|
||||||
in the case of a performance the actors, singers, musicians, dancers, and
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|
||||||
other persons who act, sing, deliver, declaim, play in, interpret or otherwise
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|
||||||
perform literary or artistic works or expressions of folklore; (ii) in the
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|
||||||
case of a phonogram the producer being the person or legal entity who first
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|
||||||
fixes the sounds of a performance or other sounds; and, (iii) in the case
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|
||||||
of broadcasts, the organization that transmits the broadcast.
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|
||||||
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|
||||||
f. "Work" means the literary and/or artistic work offered under the terms
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f. "Work" means the literary and/or artistic work offered under the terms of this License including without limitation any production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression including digital form, such as a book, pamphlet and other writing; a lecture, address, sermon or other work of the same nature; a dramatic or dramatico-musical work; a choreographic work or entertainment in dumb show; a musical composition with or without words; a cinematographic work to which are assimilated works expressed by a process analogous to cinematography; a work of drawing, painting, architecture, sculpture, engraving or lithography; a photographic work to which are assimilated works expressed by a process analogous to photography; a work of applied art; an illustration, map, plan, sketch or three-dimensional work relative to geography, topography, architecture or science; a performance; a broadcast; a phonogram; a compilation of data to the extent it is protected as a copyrightable work; or a work performed by a variety or circus performer to the extent it is not otherwise considered a literary or artistic work.
|
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of this License including without limitation any production in the literary,
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|
||||||
scientific and artistic domain, whatever may be the mode or form of its expression
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|
||||||
including digital form, such as a book, pamphlet and other writing; a lecture,
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|
||||||
address, sermon or other work of the same nature; a dramatic or dramatico-musical
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|
||||||
work; a choreographic work or entertainment in dumb show; a musical composition
|
|
||||||
with or without words; a cinematographic work to which are assimilated works
|
|
||||||
expressed by a process analogous to cinematography; a work of drawing, painting,
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|
||||||
architecture, sculpture, engraving or lithography; a photographic work to
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|
||||||
which are assimilated works expressed by a process analogous to photography;
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|
||||||
a work of applied art; an illustration, map, plan, sketch or three-dimensional
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|
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work relative to geography, topography, architecture or science; a performance;
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|
||||||
a broadcast; a phonogram; a compilation of data to the extent it is protected
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as a copyrightable work; or a work performed by a variety or circus performer
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|
||||||
to the extent it is not otherwise considered a literary or artistic work.
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|
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|
||||||
g. "You" means an individual or entity exercising rights under this License
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g. "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.
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who has not previously violated the terms of this License with respect to
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the Work, or who has received express permission from the Licensor to exercise
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rights under this License despite a previous violation.
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h. "Publicly Perform" means to perform public recitations of the Work and
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h. "Publicly Perform" means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performances; to make available to the public Works in such a way that 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 means or process and the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any means including signs, sounds or images.
|
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to communicate to the public those public recitations, by any means or process,
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including by wire or wireless means or public digital performances; to make
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|
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available to the public Works in such a way that members of the public may
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|
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access these Works from a place and at a place individually chosen by them;
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to perform the Work to the public by any means or process and the communication
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|
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to the public of the performances of the Work, including by public digital
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|
||||||
performance; to broadcast and rebroadcast the Work by any means including
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|
||||||
signs, sounds or images.
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|
||||||
|
|
||||||
i. "Reproduce" means to make copies of the Work by any means including without
|
i. "Reproduce" means to make copies of the Work by any means including without limitation by sound or visual recordings and the right of fixation and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or other electronic medium.
|
||||||
limitation by sound or visual recordings and the right of fixation and reproducing
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|
||||||
fixations of the Work, including storage of a protected performance or phonogram
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|
||||||
in digital form or other electronic medium.
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|
||||||
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|
||||||
2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit,
|
2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.
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||||||
or restrict any uses free from copyright or rights arising from limitations
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or exceptions that are provided for in connection with the copyright protection
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|
||||||
under copyright law or other applicable laws.
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||||||
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|
||||||
3. License Grant. Subject to the terms and conditions of this License, Licensor
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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:
|
||||||
hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for
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if a credit for all contributing authors of the Adaptation or Collection appears,
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then as part of these credits and in a manner at least as prominent as the
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credits for the other contributing authors. For the avoidance of doubt, You
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express prior written permission of the Original Author, Licensor and/or Attribution
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c. Except as otherwise agreed in writing by the Licensor or as may be otherwise
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c. Except as otherwise agreed in writing by the Licensor or as may be 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, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation. Licensor agrees that in those jurisdictions (e.g. Japan), in which any exercise of the right granted in Section 3(b) of this License (the right to make Adaptations) would be deemed to be a distortion, mutilation, modification or other derogatory action prejudicial to the Original Author's honor and reputation, the Licensor will waive or not assert, as appropriate, this Section, to the fullest extent permitted by the applicable national law, to enable You to reasonably exercise Your right under Section 3(b) of this License (right to make Adaptations) but not otherwise.
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to the Work which would be prejudicial to the Original Author's honor or reputation.
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Licensor agrees that in those jurisdictions (e.g. Japan), in which any exercise
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will waive or not assert, as appropriate, this Section, to the fullest extent
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Your right under Section 3(b) of this License (right to make Adaptations)
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but not otherwise.
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS
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|
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|
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were drafted utilizing the terminology of the Berne Convention for the Protection
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Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances
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on July 24, 1971). These rights and subject matter take effect in the relevant
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@ -1,320 +1,111 @@
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CREATIVE COMMONS IST KEINE RECHTSANWALTSKANZLEI UND LEISTET KEINE RECHTSBERATUNG.
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CREATIVE COMMONS IST KEINE RECHTSANWALTSKANZLEI UND LEISTET KEINE RECHTSBERATUNG. DIE BEREITSTELLUNG DIESER LIZENZ FÜHRT ZU KEINEM MANDATSVERHÄLTNIS. CREATIVE COMMONS STELLT DIESE INFORMATIONEN OHNE GEWÄHR ZUR VERFÜGUNG. CREATIVE COMMONS ÜBERNIMMT KEINE GEWÄHRLEISTUNG FÜR DIE GELIEFERTEN INFORMATIONEN UND SCHLIEßT DIE HAFTUNG FÜR SCHÄDEN AUS, DIE SICH AUS DEREN GEBRAUCH ERGEBEN.
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DIE BEREITSTELLUNG DIESER LIZENZ FÜHRT ZU KEINEM MANDATSVERHÄLTNIS. CREATIVE
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COMMONS STELLT DIESE INFORMATIONEN OHNE GEWÄHR ZUR VERFÜGUNG. CREATIVE COMMONS
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ÜBERNIMMT KEINE GEWÄHRLEISTUNG FÜR DIE GELIEFERTEN INFORMATIONEN UND SCHLIEßT
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DIE HAFTUNG FÜR SCHÄDEN AUS, DIE SICH AUS DEREN GEBRAUCH ERGEBEN.
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Lizenz
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Lizenz
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DER GEGENSTAND DIESER LIZENZ (WIE UNTER "SCHUTZGEGENSTAND" DEFINIERT) WIRD
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DER GEGENSTAND DIESER LIZENZ (WIE UNTER "SCHUTZGEGENSTAND" DEFINIERT) WIRD UNTER DEN BEDINGUNGEN DIESER CREATIVE COMMONS PUBLIC LICENSE ("CCPL", "LIZENZ" ODER "LIZENZVERTRAG") ZUR VERFÜGUNG GESTELLT. DER SCHUTZGEGENSTAND IST DURCH DAS URHEBERRECHT UND/ODER ANDERE GESETZE GESCHÜTZT. JEDE FORM DER NUTZUNG DES SCHUTZGEGENSTANDES, DIE NICHT AUFGRUND DIESER LIZENZ ODER DURCH GESETZE GESTATTET IST, IST UNZULÄSSIG.
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UNTER DEN BEDINGUNGEN DIESER CREATIVE COMMONS PUBLIC LICENSE ("CCPL", "LIZENZ"
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ODER "LIZENZVERTRAG") ZUR VERFÜGUNG GESTELLT. DER SCHUTZGEGENSTAND IST DURCH
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DAS URHEBERRECHT UND/ODER ANDERE GESETZE GESCHÜTZT. JEDE FORM DER NUTZUNG
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DES SCHUTZGEGENSTANDES, DIE NICHT AUFGRUND DIESER LIZENZ ODER DURCH GESETZE
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GESTATTET IST, IST UNZULÄSSIG.
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DURCH DIE AUSÜBUNG EINES DURCH DIESE LIZENZ GEWÄHRTEN RECHTS AN DEM SCHUTZGEGENSTAND
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DURCH DIE AUSÜBUNG EINES DURCH DIESE LIZENZ GEWÄHRTEN RECHTS AN DEM SCHUTZGEGENSTAND ERKLÄREN SIE SICH MIT DEN LIZENZBEDINGUNGEN RECHTSVERBINDLICH EINVERSTANDEN. SOWEIT DIESE LIZENZ ALS LIZENZVERTRAG ANZUSEHEN IST, GEWÄHRT IHNEN DER LIZENZGEBER DIE IN DER LIZENZ GENANNTEN RECHTE UNENTGELTLICH UND IM AUSTAUSCH DAFÜR, DASS SIE DAS GEBUNDENSEIN AN DIE LIZENZBEDINGUNGEN AKZEPTIEREN.
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ERKLÄREN SIE SICH MIT DEN LIZENZBEDINGUNGEN RECHTSVERBINDLICH EINVERSTANDEN.
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SOWEIT DIESE LIZENZ ALS LIZENZVERTRAG ANZUSEHEN IST, GEWÄHRT IHNEN DER LIZENZGEBER
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DIE IN DER LIZENZ GENANNTEN RECHTE UNENTGELTLICH UND IM AUSTAUSCH DAFÜR, DASS
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SIE DAS GEBUNDENSEIN AN DIE LIZENZBEDINGUNGEN AKZEPTIEREN.
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1. Definitionen
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1. Definitionen
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a. Der Begriff "Bearbeitung" im Sinne dieser Lizenz bezeichnet das Ergebnis
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a. Der Begriff "Bearbeitung" im Sinne dieser Lizenz bezeichnet das Ergebnis jeglicher Art von Veränderung des Schutzgegenstandes, solange dieses erkennbar vom Schutzgegenstand abgeleitet wurde. Dies kann insbesondere auch eine Umgestaltung, Änderung, Anpassung, Übersetzung oder Heranziehung des Schutzgegenstandes zur Vertonung von Laufbildern sein. Nicht als Bearbeitung des Schutzgegenstandes gelten seine Aufnahme in eine Sammlung oder ein Sammelwerk und die freie Nutzung des Schutzgegenstandes.
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jeglicher Art von Veränderung des Schutzgegenstandes, solange dieses erkennbar
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vom Schutzgegenstand abgeleitet wurde. Dies kann insbesondere auch eine Umgestaltung,
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Änderung, Anpassung, Übersetzung oder Heranziehung des Schutzgegenstandes
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zur Vertonung von Laufbildern sein. Nicht als Bearbeitung des Schutzgegenstandes
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gelten seine Aufnahme in eine Sammlung oder ein Sammelwerk und die freie Nutzung
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des Schutzgegenstandes.
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b. Der Begriff "Sammelwerk" im Sinne dieser Lizenz meint eine Zusammenstellung
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b. Der Begriff "Sammelwerk" im Sinne dieser Lizenz meint eine Zusammenstellung von literarischen, künstlerischen oder wissenschaftlichen Inhalten zu einem einheitlichen Ganzen, sofern diese Zusammenstellung aufgrund von Auswahl und Anordnung der darin enthaltenen selbständigen Elemente eine eigentümliche geistige Schöpfung darstellt, unabhängig davon, ob die Elemente systematisch oder methodisch angelegt und dadurch einzeln zugänglich sind oder nicht.
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von literarischen, künstlerischen oder wissenschaftlichen Inhalten zu einem
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einheitlichen Ganzen, sofern diese Zusammenstellung aufgrund von Auswahl und
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Anordnung der darin enthaltenen selbständigen Elemente eine eigentümliche
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geistige Schöpfung darstellt, unabhängig davon, ob die Elemente systematisch
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oder methodisch angelegt und dadurch einzeln zugänglich sind oder nicht.
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c. "Verbreiten" im Sinne dieser Lizenz bedeutet, den Schutzgegenstand oder
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c. "Verbreiten" im Sinne dieser Lizenz bedeutet, den Schutzgegenstand oder Bearbeitungen im Original oder in Form von Vervielfältigungsstücken, mithin in körperlich fixierter Form der Öffentlichkeit zugänglich zu machen oder in Verkehr zu bringen.
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Bearbeitungen im Original oder in Form von Vervielfältigungsstücken, mithin
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in körperlich fixierter Form der Öffentlichkeit zugänglich zu machen oder
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in Verkehr zu bringen.
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d. Der "Lizenzgeber" im Sinne dieser Lizenz ist diejenige natürliche oder
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d. Der "Lizenzgeber" im Sinne dieser Lizenz ist diejenige natürliche oder juristische Person oder Gruppe, die den Schutzgegenstand unter den Bedingungen dieser Lizenz anbietet und insoweit als Rechteinhaberin auftritt.
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juristische Person oder Gruppe, die den Schutzgegenstand unter den Bedingungen
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dieser Lizenz anbietet und insoweit als Rechteinhaberin auftritt.
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e. "Rechteinhaber" im Sinne dieser Lizenz ist der Urheber des Schutzgegenstandes
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e. "Rechteinhaber" im Sinne dieser Lizenz ist der Urheber des Schutzgegenstandes oder jede andere natürliche oder juristische Person, die am Schutzgegenstand ein Immaterialgüterrecht erlangt hat, welches die in Abschnitt 3 genannten Handlungen erfasst und eine Erteilung, Übertragung oder Einräumung von Nutzungsbewilligungen bzw Nutzungsrechten an Dritte erlaubt.
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oder jede andere natürliche oder juristische Person, die am Schutzgegenstand
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ein Immaterialgüterrecht erlangt hat, welches die in Abschnitt 3 genannten
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Handlungen erfasst und eine Erteilung, Übertragung oder Einräumung von Nutzungsbewilligungen
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bzw Nutzungsrechten an Dritte erlaubt.
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f. Der Begriff "Schutzgegenstand" bezeichnet in dieser Lizenz den literarischen,
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f. Der Begriff "Schutzgegenstand" bezeichnet in dieser Lizenz den literarischen, künstlerischen oder wissenschaftlichen Inhalt, der unter den Bedingungen dieser Lizenz angeboten wird. Das kann insbesondere eine eigentümliche geistige Schöpfung jeglicher Art oder ein Werk der kleinen Münze, ein nachgelassenes Werk oder auch ein Lichtbild oder anderes Objekt eines verwandten Schutzrechts sein, unabhängig von der Art seiner Fixierung und unabhängig davon, auf welche Weise jeweils eine Wahrnehmung erfolgen kann, gleichviel ob in analoger oder digitaler Form. Soweit Datenbanken oder Zusammenstellungen von Daten einen immaterialgüterrechtlichen Schutz eigener Art genießen, unterfallen auch sie dem Begriff „Schutzgegenstand“ im Sinne dieser Lizenz.
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künstlerischen oder wissenschaftlichen Inhalt, der unter den Bedingungen dieser
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Lizenz angeboten wird. Das kann insbesondere eine eigentümliche geistige Schöpfung
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jeglicher Art oder ein Werk der kleinen Münze, ein nachgelassenes Werk oder
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auch ein Lichtbild oder anderes Objekt eines verwandten Schutzrechts sein,
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unabhängig von der Art seiner Fixierung und unabhängig davon, auf welche Weise
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jeweils eine Wahrnehmung erfolgen kann, gleichviel ob in analoger oder digitaler
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Form. Soweit Datenbanken oder Zusammenstellungen von Daten einen immaterialgüterrechtlichen
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Schutz eigener Art genießen, unterfallen auch sie dem Begriff „Schutzgegenstand“
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im Sinne dieser Lizenz.
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g. Mit "Sie" bzw. "Ihnen" ist die natürliche oder juristische Person gemeint,
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g. Mit "Sie" bzw. "Ihnen" ist die natürliche oder juristische Person gemeint, die in dieser Lizenz im Abschnitt 3 genannte Nutzungen des Schutzgegenstandes vornimmt und zuvor in Hinblick auf den Schutzgegenstand nicht gegen Bedingungen dieser Lizenz verstoßen oder aber die ausdrückliche Erlaubnis des Lizenzgebers erhalten hat, die durch diese Lizenz gewährte Nutzungsbewilligung trotz eines vorherigen Verstoßes auszuüben.
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die in dieser Lizenz im Abschnitt 3 genannte Nutzungen des Schutzgegenstandes
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vornimmt und zuvor in Hinblick auf den Schutzgegenstand nicht gegen Bedingungen
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dieser Lizenz verstoßen oder aber die ausdrückliche Erlaubnis des Lizenzgebers
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erhalten hat, die durch diese Lizenz gewährte Nutzungsbewilligung trotz eines
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vorherigen Verstoßes auszuüben.
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h. Unter "Öffentlich Wiedergeben" im Sinne dieser Lizenz sind Wahrnehmbarmachungen
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h. Unter "Öffentlich Wiedergeben" im Sinne dieser Lizenz sind Wahrnehmbarmachungen des Schutzgegenstandes in unkörperlicher Form zu verstehen, die für eine Mehrzahl von Mitgliedern der Öffentlichkeit bestimmt sind und mittels öffentlicher Wiedergabe in Form von Vortrag, Aufführung, Vorführung, Darbietung, Sendung, Weitersendung oder zeit- und ortsunabhängiger Zurverfügungstellung erfolgen, unabhängig von den zum Einsatz kommenden Techniken und Verfahren, einschließlich drahtgebundener oder drahtloser Mittel und Einstellen in das Internet.
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des Schutzgegenstandes in unkörperlicher Form zu verstehen, die für eine Mehrzahl
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von Mitgliedern der Öffentlichkeit bestimmt sind und mittels öffentlicher
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Wiedergabe in Form von Vortrag, Aufführung, Vorführung, Darbietung, Sendung,
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Weitersendung oder zeit- und ortsunabhängiger Zurverfügungstellung erfolgen,
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unabhängig von den zum Einsatz kommenden Techniken und Verfahren, einschließlich
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drahtgebundener oder drahtloser Mittel und Einstellen in das Internet.
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i. "Vervielfältigen" im Sinne dieser Lizenz bedeutet, gleichviel in welchem
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i. "Vervielfältigen" im Sinne dieser Lizenz bedeutet, gleichviel in welchem Verfahren, auf welchem Träger, in welcher Menge und ob vorübergehend oder dauerhaft, Vervielfältigungsstücke des Schutzgegenstandes herzustellen, insbesondere durch Ton- oder Bildaufzeichnungen, und umfasst auch das erstmalige Festhalten des Schutzgegenstandes oder dessen Wahrnehmbarmachung auf Mitteln der wiederholbaren Wiedergabe sowie das Herstellen von Vervielfältigungsstücken dieser Festhaltung, sowie die Speicherung einer geschützten Darbietung oder eines Bild- und/oder Schallträgers in digitaler Form oder auf einem anderen elektronischen Medium.
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Verfahren, auf welchem Träger, in welcher Menge und ob vorübergehend oder
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dauerhaft, Vervielfältigungsstücke des Schutzgegenstandes herzustellen, insbesondere
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durch Ton- oder Bildaufzeichnungen, und umfasst auch das erstmalige Festhalten
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des Schutzgegenstandes oder dessen Wahrnehmbarmachung auf Mitteln der wiederholbaren
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Wiedergabe sowie das Herstellen von Vervielfältigungsstücken dieser Festhaltung,
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sowie die Speicherung einer geschützten Darbietung oder eines Bild- und/oder
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Schallträgers in digitaler Form oder auf einem anderen elektronischen Medium.
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2. Beschränkungen der Verwertungsrechte
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2. Beschränkungen der Verwertungsrechte
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Diese Lizenz ist in keiner Weise darauf gerichtet, Befugnisse zur Nutzung
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Diese Lizenz ist in keiner Weise darauf gerichtet, Befugnisse zur Nutzung des Schutzgegenstandes zu vermindern, zu beschränken oder zu vereiteln, die sich aus den Beschränkungen der Verwertungsrechte, anderen Beschränkungen der Ausschließlichkeitsrechte des Rechtsinhabers oder anderen entsprechenden Rechtsnormen oder sich aus dem Fehlen eines immaterialgüterrechtlichen Schutzes ergeben.
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des Schutzgegenstandes zu vermindern, zu beschränken oder zu vereiteln, die
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sich aus den Beschränkungen der Verwertungsrechte, anderen Beschränkungen
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der Ausschließlichkeitsrechte des Rechtsinhabers oder anderen entsprechenden
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Rechtsnormen oder sich aus dem Fehlen eines immaterialgüterrechtlichen Schutzes
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ergeben.
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3. Lizenzierung
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3. Lizenzierung
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Unter den Bedingungen dieser Lizenz erteilt Ihnen der Lizenzgeber - unbeschadet
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Unter den Bedingungen dieser Lizenz erteilt Ihnen der Lizenzgeber - unbeschadet unverzichtbarer Rechte und vorbehaltlich des Abschnitts 3.e) - die vergütungsfreie, räumlich und zeitlich (für die Dauer des Urheberrechts oder verwandten Schutzrechts am Schutzgegenstand) unbeschränkte Nutzungsbewilligung, den Schutzgegenstand in der folgenden Art und Weise zu nutzen:
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unverzichtbarer Rechte und vorbehaltlich des Abschnitts 3.e) - die vergütungsfreie,
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räumlich und zeitlich (für die Dauer des Urheberrechts oder verwandten Schutzrechts
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am Schutzgegenstand) unbeschränkte Nutzungsbewilligung, den Schutzgegenstand
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in der folgenden Art und Weise zu nutzen:
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a. Den Schutzgegenstand in beliebiger Form und Menge zu vervielfältigen, ihn
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a. Den Schutzgegenstand in beliebiger Form und Menge zu vervielfältigen, ihn in Sammelwerke zu integrieren und ihn als Teil solcher Sammelwerke zu vervielfältigen;
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in Sammelwerke zu integrieren und ihn als Teil solcher Sammelwerke zu vervielfältigen;
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b. Den Schutzgegenstand zu bearbeiten, einschließlich Übersetzungen unter
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b. Den Schutzgegenstand zu bearbeiten, einschließlich Übersetzungen unter Nutzung jedweder Medien anzufertigen, sofern deutlich erkennbar gemacht wird, dass es sich um eine Bearbeitung handelt;
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Nutzung jedweder Medien anzufertigen, sofern deutlich erkennbar gemacht wird,
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dass es sich um eine Bearbeitung handelt;
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c. Den Schutzgegenstand, allein oder in Sammelwerke aufgenommen, öffentlich
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c. Den Schutzgegenstand, allein oder in Sammelwerke aufgenommen, öffentlich wiederzugeben und zu verbreiten; und
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wiederzugeben und zu verbreiten; und
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d. Bearbeitungen des Schutzgegenstandes zu veröffentlichen, öffentlich wiederzugeben
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d. Bearbeitungen des Schutzgegenstandes zu veröffentlichen, öffentlich wiederzugeben und zu verbreiten.
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und zu verbreiten.
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e. Bezüglich der Vergütung für die Nutzung des Schutzgegenstandes gilt Folgendes:
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e. Bezüglich der Vergütung für die Nutzung des Schutzgegenstandes gilt Folgendes:
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i. Unverzichtbare gesetzliche Vergütungsansprüche: Soweit unverzichtbare Vergütungsansprüche
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i. Unverzichtbare gesetzliche Vergütungsansprüche: Soweit unverzichtbare Vergütungsansprüche im Gegenzug für gesetzliche Lizenzen vorgesehen oder Pauschalabgabensysteme (zum Beispiel für Leermedien) vorhanden sind, behält sich der Lizenzgeber das ausschließliche Recht vor, die entsprechenden Vergütungsansprüche für jede Ausübung eines Rechts aus dieser Lizenz durch Sie geltend zu machen.
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im Gegenzug für gesetzliche Lizenzen vorgesehen oder Pauschalabgabensysteme
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(zum Beispiel für Leermedien) vorhanden sind, behält sich der Lizenzgeber
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das ausschließliche Recht vor, die entsprechenden Vergütungsansprüche für
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jede Ausübung eines Rechts aus dieser Lizenz durch Sie geltend zu machen.
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ii. Vergütung bei Zwangslizenzen: Sofern Zwangslizenzen außerhalb dieser Lizenz
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ii. Vergütung bei Zwangslizenzen: Sofern Zwangslizenzen außerhalb dieser Lizenz vorgesehen sind und zustande kommen, verzichtet der Lizenzgeber für alle Fälle einer lizenzgerechten Nutzung des Schutzgegenstandes durch Sie auf jegliche Vergütung.
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vorgesehen sind und zustande kommen, verzichtet der Lizenzgeber für alle Fälle
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einer lizenzgerechten Nutzung des Schutzgegenstandes durch Sie auf jegliche
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Vergütung.
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iii. Vergütung in sonstigen Fällen: Bezüglich lizenzgerechter Nutzung des
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iii. Vergütung in sonstigen Fällen: Bezüglich lizenzgerechter Nutzung des Schutzgegenstandes durch Sie, die nicht unter die beiden vorherigen Abschnitte (i) und (ii) fällt, verzichtet der Lizenzgeber auf jegliche Vergütung, unabhängig davon, ob eine Geltendmachung der Vergütungsansprüche durch ihn selbst oder nur durch eine Verwertungsgesellschaft möglich wäre.
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Schutzgegenstandes durch Sie, die nicht unter die beiden vorherigen Abschnitte
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(i) und (ii) fällt, verzichtet der Lizenzgeber auf jegliche Vergütung, unabhängig
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davon, ob eine Geltendmachung der Vergütungsansprüche durch ihn selbst oder
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nur durch eine Verwertungsgesellschaft möglich wäre.
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Die vorgenannte Nutzungsbewilligung wird für alle bekannten sowie alle noch
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Die vorgenannte Nutzungsbewilligung wird für alle bekannten sowie alle noch nicht bekannten Nutzungsarten eingeräumt. Sie beinhaltet auch das Recht, solche Änderungen am Schutzgegenstand vorzunehmen, die für bestimmte nach dieser Lizenz zulässige Nutzungen technisch erforderlich sind. Alle sonstigen Rechte, die über diesen Abschnitt hinaus nicht ausdrücklich vom Lizenzgeber eingeräumt werden, bleiben diesem allein vorbehalten. Soweit Datenbanken oder Zusammenstellungen von Daten Schutzgegenstand dieser Lizenz oder Teil dessen sind und einen immaterialgüterrechtlichen Schutz eigener Art genießen, verzichtet der Lizenzgeber auf die Geltendmachung sämtlicher daraus resultierender Rechte.
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nicht bekannten Nutzungsarten eingeräumt. Sie beinhaltet auch das Recht, solche
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Änderungen am Schutzgegenstand vorzunehmen, die für bestimmte nach dieser
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Lizenz zulässige Nutzungen technisch erforderlich sind. Alle sonstigen Rechte,
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die über diesen Abschnitt hinaus nicht ausdrücklich vom Lizenzgeber eingeräumt
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werden, bleiben diesem allein vorbehalten. Soweit Datenbanken oder Zusammenstellungen
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von Daten Schutzgegenstand dieser Lizenz oder Teil dessen sind und einen immaterialgüterrechtlichen
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Schutz eigener Art genießen, verzichtet der Lizenzgeber auf die Geltendmachung
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sämtlicher daraus resultierender Rechte.
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4. Bedingungen
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4. Bedingungen
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Die Erteilung der Nutzungsbewilligung gemäß Abschnitt 3 dieser Lizenz erfolgt
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Die Erteilung der Nutzungsbewilligung gemäß Abschnitt 3 dieser Lizenz erfolgt ausdrücklich nur unter den folgenden Bedingungen:
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ausdrücklich nur unter den folgenden Bedingungen:
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a. Sie dürfen den Schutzgegenstand ausschließlich unter den Bedingungen dieser
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a. Sie dürfen den Schutzgegenstand ausschließlich unter den Bedingungen dieser Lizenz verbreiten oder öffentlich wiedergeben. Sie müssen dabei stets eine Kopie dieser Lizenz oder deren vollständige Internetadresse in Form des Uniform-Resource-Identifier (URI) beifügen. Sie dürfen keine Vertrags- oder Nutzungsbedingungen anbieten oder fordern, die die Bedingungen dieser Lizenz oder die durch diese Lizenz gewährten Rechte beschränken. Sie dürfen den Schutzgegenstand nicht unterlizenzieren. Bei jeder Kopie des Schutzgegenstandes, die Sie verbreiten oder öffentlich wiedergeben, müssen Sie alle Hinweise unverändert lassen, die auf diese Lizenz und den Haftungsausschluss hinweisen. Wenn Sie den Schutzgegenstand verbreiten oder öffentlich wiedergeben, dürfen Sie (in Bezug auf den Schutzgegenstand) keine technischen Maßnahmen ergreifen, die den Nutzer des Schutzgegenstandes in der Ausübung der ihm durch diese Lizenz gewährten Rechte behindern können. Dasselbe gilt auch für den Fall, dass der Schutzgegenstand einen Bestandteil eines Sammelwerkes bildet, was jedoch nicht bedeutet, dass das Sammelwerk insgesamt dieser Lizenz unterstellt werden muss. Sofern Sie ein Sammelwerk erstellen, müssen Sie - soweit dies praktikabel ist - auf die Mitteilung eines Lizenzgebers hin aus dem Sammelwerk die in Abschnitt 4.b) aufgezählten Hinweise entfernen. Wenn Sie eine Bearbeitung vornehmen, müssen Sie – soweit dies praktikabel ist – auf die Mitteilung eines Lizenzgebers hin von der Bearbeitung die in Abschnitt 4.b) aufgezählten Hinweise entfernen.
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Lizenz verbreiten oder öffentlich wiedergeben. Sie müssen dabei stets eine
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Kopie dieser Lizenz oder deren vollständige Internetadresse in Form des Uniform-Resource-Identifier
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(URI) beifügen. Sie dürfen keine Vertrags- oder Nutzungsbedingungen anbieten
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oder fordern, die die Bedingungen dieser Lizenz oder die durch diese Lizenz
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||||||
gewährten Rechte beschränken. Sie dürfen den Schutzgegenstand nicht unterlizenzieren.
|
|
||||||
Bei jeder Kopie des Schutzgegenstandes, die Sie verbreiten oder öffentlich
|
|
||||||
wiedergeben, müssen Sie alle Hinweise unverändert lassen, die auf diese Lizenz
|
|
||||||
und den Haftungsausschluss hinweisen. Wenn Sie den Schutzgegenstand verbreiten
|
|
||||||
oder öffentlich wiedergeben, dürfen Sie (in Bezug auf den Schutzgegenstand)
|
|
||||||
keine technischen Maßnahmen ergreifen, die den Nutzer des Schutzgegenstandes
|
|
||||||
in der Ausübung der ihm durch diese Lizenz gewährten Rechte behindern können.
|
|
||||||
Dasselbe gilt auch für den Fall, dass der Schutzgegenstand einen Bestandteil
|
|
||||||
eines Sammelwerkes bildet, was jedoch nicht bedeutet, dass das Sammelwerk
|
|
||||||
insgesamt dieser Lizenz unterstellt werden muss. Sofern Sie ein Sammelwerk
|
|
||||||
erstellen, müssen Sie - soweit dies praktikabel ist - auf die Mitteilung eines
|
|
||||||
Lizenzgebers hin aus dem Sammelwerk die in Abschnitt 4.b) aufgezählten Hinweise
|
|
||||||
entfernen. Wenn Sie eine Bearbeitung vornehmen, müssen Sie – soweit dies praktikabel
|
|
||||||
ist – auf die Mitteilung eines Lizenzgebers hin von der Bearbeitung die in
|
|
||||||
Abschnitt 4.b) aufgezählten Hinweise entfernen.
|
|
||||||
|
|
||||||
b. Die Verbreitung und die öffentliche Wiedergabe des Schutzgegenstandes oder
|
b. Die Verbreitung und die öffentliche Wiedergabe des Schutzgegenstandes oder auf ihm aufbauender Inhalte oder ihn enthaltender Sammelwerke ist Ihnen nur unter der Bedingung gestattet, dass Sie, vorbehaltlich etwaiger Mitteilungen im Sinne von Abschnitt 4.a), alle dazu gehörenden Rechtevermerke unberührt lassen. Sie sind verpflichtet, die Urheberschaft oder die Rechteinhaberschaft in einer der Nutzung entsprechenden, angemessenen Form anzuerkennen, indem Sie selbst – soweit bekannt – Folgendes angeben:
|
||||||
auf ihm aufbauender Inhalte oder ihn enthaltender Sammelwerke ist Ihnen nur
|
|
||||||
unter der Bedingung gestattet, dass Sie, vorbehaltlich etwaiger Mitteilungen
|
|
||||||
im Sinne von Abschnitt 4.a), alle dazu gehörenden Rechtevermerke unberührt
|
|
||||||
lassen. Sie sind verpflichtet, die Urheberschaft oder die Rechteinhaberschaft
|
|
||||||
in einer der Nutzung entsprechenden, angemessenen Form anzuerkennen, indem
|
|
||||||
Sie selbst – soweit bekannt – Folgendes angeben:
|
|
||||||
|
|
||||||
i. Den Namen (oder das Pseudonym, falls ein solches verwendet wird) Rechteinhabers,
|
i. Den Namen (oder das Pseudonym, falls ein solches verwendet wird) Rechteinhabers, und/oder falls der Lizenzgeber im Rechtevermerk, in den Nutzungsbedingungen oder auf andere angemessene Weise eine Zuschreibung an Dritte vorgenommen hat (z.B. an eine Stiftung, ein Verlagshaus oder eine Zeitung) („Zuschreibungsempfänger“), Namen bzw. Bezeichnung dieses oder dieser Dritten;
|
||||||
und/oder falls der Lizenzgeber im Rechtevermerk, in den Nutzungsbedingungen
|
|
||||||
oder auf andere angemessene Weise eine Zuschreibung an Dritte vorgenommen
|
|
||||||
hat (z.B. an eine Stiftung, ein Verlagshaus oder eine Zeitung) („Zuschreibungsempfänger“),
|
|
||||||
Namen bzw. Bezeichnung dieses oder dieser Dritten;
|
|
||||||
|
|
||||||
ii. den Titel des Inhaltes;
|
ii. den Titel des Inhaltes;
|
||||||
|
|
||||||
iii. in einer praktikablen Form den Uniform-Resource-Identifier (URI, z.B.
|
iii. in einer praktikablen Form den Uniform-Resource-Identifier (URI, z.B. Internetadresse), den der Lizenzgeber zum Schutzgegenstand angegeben hat, es sei denn, dieser URI verweist nicht auf den Rechtevermerk oder die Lizenzinformationen zum Schutzgegenstand;
|
||||||
Internetadresse), den der Lizenzgeber zum Schutzgegenstand angegeben hat,
|
|
||||||
es sei denn, dieser URI verweist nicht auf den Rechtevermerk oder die Lizenzinformationen
|
|
||||||
zum Schutzgegenstand;
|
|
||||||
|
|
||||||
iv. und im Falle einer Bearbeitung des Schutzgegenstandes in Übereinstimmung
|
iv. und im Falle einer Bearbeitung des Schutzgegenstandes in Übereinstimmung mit Abschnitt 3.b) einen Hinweis darauf, dass es sich um eine Bearbeitung handelt.
|
||||||
mit Abschnitt 3.b) einen Hinweis darauf, dass es sich um eine Bearbeitung
|
|
||||||
handelt.
|
|
||||||
|
|
||||||
Die nach diesem Abschnitt 4.b) erforderlichen Angaben können in jeder angemessenen
|
Die nach diesem Abschnitt 4.b) erforderlichen Angaben können in jeder angemessenen Form gemacht werden; im Falle einer Bearbeitung des Schutzgegenstandes oder eines Sammelwerkes müssen diese Angaben das Minimum darstellen und bei gemeinsamer Nennung aller Beitragenden dergestalt erfolgen, dass sie zumindest ebenso hervorgehoben sind wie die Hinweise auf die übrigen Rechteinhaber. Die Angaben nach diesem Abschnitt dürfen Sie ausschließlich zur Angabe der Rechteinhaberschaft in der oben bezeichneten Weise verwenden. Durch die Ausübung Ihrer Rechte aus dieser Lizenz dürfen Sie ohne eine vorherige, separat und schriftlich vorliegende Zustimmung des Urhebers, des Lizenzgebers und/oder des Zuschreibungsempfängers weder implizit noch explizit irgendeine Verbindung mit dem oder eine Unterstützung oder Billigung durch den Urheber, den Lizenzgeber oder den Zuschreibungsempfänger andeuten oder erklären.
|
||||||
Form gemacht werden; im Falle einer Bearbeitung des Schutzgegenstandes oder
|
|
||||||
eines Sammelwerkes müssen diese Angaben das Minimum darstellen und bei gemeinsamer
|
|
||||||
Nennung aller Beitragenden dergestalt erfolgen, dass sie zumindest ebenso
|
|
||||||
hervorgehoben sind wie die Hinweise auf die übrigen Rechteinhaber. Die Angaben
|
|
||||||
nach diesem Abschnitt dürfen Sie ausschließlich zur Angabe der Rechteinhaberschaft
|
|
||||||
in der oben bezeichneten Weise verwenden. Durch die Ausübung Ihrer Rechte
|
|
||||||
aus dieser Lizenz dürfen Sie ohne eine vorherige, separat und schriftlich
|
|
||||||
vorliegende Zustimmung des Urhebers, des Lizenzgebers und/oder des Zuschreibungsempfängers
|
|
||||||
weder implizit noch explizit irgendeine Verbindung mit dem oder eine Unterstützung
|
|
||||||
oder Billigung durch den Urheber, den Lizenzgeber oder den Zuschreibungsempfänger
|
|
||||||
andeuten oder erklären.
|
|
||||||
|
|
||||||
c. Die oben unter 4.a) und b) genannten Einschränkungen gelten nicht für solche
|
c. Die oben unter 4.a) und b) genannten Einschränkungen gelten nicht für solche Teile des Schutzgegenstandes, die allein deshalb unter den Schutzgegenstandsbegriff fallen, weil sie als Datenbanken oder Zusammenstellungen von Daten einen immaterialgüterrechtlichen Schutz eigener Art genießen.
|
||||||
Teile des Schutzgegenstandes, die allein deshalb unter den Schutzgegenstandsbegriff
|
|
||||||
fallen, weil sie als Datenbanken oder Zusammenstellungen von Daten einen immaterialgüterrechtlichen
|
|
||||||
Schutz eigener Art genießen.
|
|
||||||
|
|
||||||
d. (Urheber)Persönlichkeitsrechte bleiben - soweit sie bestehen - von dieser
|
d. (Urheber)Persönlichkeitsrechte bleiben - soweit sie bestehen - von dieser Lizenz unberührt.
|
||||||
Lizenz unberührt.
|
|
||||||
|
|
||||||
5. Gewährleistung
|
5. Gewährleistung
|
||||||
|
|
||||||
SOFERN KEINE ANDERS LAUTENDE, SCHRIFTLICHE VEREINBARUNG ZWISCHEN DEM LIZENZGEBER
|
SOFERN KEINE ANDERS LAUTENDE, SCHRIFTLICHE VEREINBARUNG ZWISCHEN DEM LIZENZGEBER UND IHNEN GESCHLOSSEN WURDE UND SOWEIT MÄNGEL NICHT ARGLISTIG VERSCHWIEGEN WURDEN, BIETET DER LIZENZGEBER DEN SCHUTZGEGENSTAND UND DIE ERTEILUNG DER NUTZUNGSBEWILLIGUNG UNTER AUSSCHLUSS JEGLICHER GEWÄHRLEISTUNG AN UND ÜBERNIMMT WEDER AUSDRÜCKLICH NOCH KONKLUDENT GARANTIEN IRGENDEINER ART. DIES UMFASST INSBESONDERE DAS FREISEIN VON SACH- UND RECHTSMÄNGELN, UNABHÄNGIG VON DEREN ERKENNBARKEIT FÜR DEN LIZENZGEBER, DIE VERKEHRSFÄHIGKEIT DES SCHUTZGEGENSTANDES, SEINE VERWENDBARKEIT FÜR EINEN BESTIMMTEN ZWECK SOWIE DIE KORREKTHEIT VON BESCHREIBUNGEN.
|
||||||
UND IHNEN GESCHLOSSEN WURDE UND SOWEIT MÄNGEL NICHT ARGLISTIG VERSCHWIEGEN
|
|
||||||
WURDEN, BIETET DER LIZENZGEBER DEN SCHUTZGEGENSTAND UND DIE ERTEILUNG DER
|
|
||||||
NUTZUNGSBEWILLIGUNG UNTER AUSSCHLUSS JEGLICHER GEWÄHRLEISTUNG AN UND ÜBERNIMMT
|
|
||||||
WEDER AUSDRÜCKLICH NOCH KONKLUDENT GARANTIEN IRGENDEINER ART. DIES UMFASST
|
|
||||||
INSBESONDERE DAS FREISEIN VON SACH- UND RECHTSMÄNGELN, UNABHÄNGIG VON DEREN
|
|
||||||
ERKENNBARKEIT FÜR DEN LIZENZGEBER, DIE VERKEHRSFÄHIGKEIT DES SCHUTZGEGENSTANDES,
|
|
||||||
SEINE VERWENDBARKEIT FÜR EINEN BESTIMMTEN ZWECK SOWIE DIE KORREKTHEIT VON
|
|
||||||
BESCHREIBUNGEN.
|
|
||||||
|
|
||||||
6. Haftungsbeschränkung
|
6. Haftungsbeschränkung
|
||||||
|
|
||||||
ÜBER DIE IN ZIFFER 5 GENANNTE GEWÄHRLEISTUNG HINAUS HAFTET DER LIZENZGEBER
|
ÜBER DIE IN ZIFFER 5 GENANNTE GEWÄHRLEISTUNG HINAUS HAFTET DER LIZENZGEBER IHNEN GEGENÜBER FÜR SCHÄDEN JEGLICHER ART NUR BEI GROBER FAHRLÄSSIGKEIT ODER VORSATZ, UND ÜBERNIMMT DARÜBER HINAUS KEINERLEI FREIWILLIGE HAFTUNG FÜR FOLGE- ODER ANDERE SCHÄDEN, AUCH WENN ER ÜBER DIE MÖGLICHKEIT IHRES EINTRITTS UNTERRICHTET WURDE.
|
||||||
IHNEN GEGENÜBER FÜR SCHÄDEN JEGLICHER ART NUR BEI GROBER FAHRLÄSSIGKEIT ODER
|
|
||||||
VORSATZ, UND ÜBERNIMMT DARÜBER HINAUS KEINERLEI FREIWILLIGE HAFTUNG FÜR FOLGE-
|
|
||||||
ODER ANDERE SCHÄDEN, AUCH WENN ER ÜBER DIE MÖGLICHKEIT IHRES EINTRITTS UNTERRICHTET
|
|
||||||
WURDE.
|
|
||||||
|
|
||||||
7. Erlöschen
|
7. Erlöschen
|
||||||
|
|
||||||
a. Diese Lizenz und die durch sie erteilte Nutzungsbewilligung erlöschen mit
|
a. Diese Lizenz und die durch sie erteilte Nutzungsbewilligung erlöschen mit Wirkung für die Zukunft im Falle eines Verstoßes gegen die Lizenzbedingungen durch Sie, ohne dass es dazu der Kenntnis des Lizenzgebers vom Verstoß oder einer weiteren Handlung einer der Vertragsparteien bedarf. Mit natürlichen oder juristischen Personen, die Bearbeitungen des Schutzgegenstandes oder diesen enthaltende Sammelwerke sowie entsprechende Vervielfältigungsstücke unter den Bedingungen dieser Lizenz von Ihnen erhalten haben, bestehen nachträglich entstandene Lizenzbeziehungen jedoch solange weiter, wie die genannten Personen sich ihrerseits an sämtliche Lizenzbedingungen halten. Darüber hinaus gelten die Ziffern 1, 2, 5, 6, 7, und 8 auch nach einem Erlöschen dieser Lizenz fort.
|
||||||
Wirkung für die Zukunft im Falle eines Verstoßes gegen die Lizenzbedingungen
|
|
||||||
durch Sie, ohne dass es dazu der Kenntnis des Lizenzgebers vom Verstoß oder
|
|
||||||
einer weiteren Handlung einer der Vertragsparteien bedarf. Mit natürlichen
|
|
||||||
oder juristischen Personen, die Bearbeitungen des Schutzgegenstandes oder
|
|
||||||
diesen enthaltende Sammelwerke sowie entsprechende Vervielfältigungsstücke
|
|
||||||
unter den Bedingungen dieser Lizenz von Ihnen erhalten haben, bestehen nachträglich
|
|
||||||
entstandene Lizenzbeziehungen jedoch solange weiter, wie die genannten Personen
|
|
||||||
sich ihrerseits an sämtliche Lizenzbedingungen halten. Darüber hinaus gelten
|
|
||||||
die Ziffern 1, 2, 5, 6, 7, und 8 auch nach einem Erlöschen dieser Lizenz fort.
|
|
||||||
|
|
||||||
b. Vorbehaltlich der oben genannten Bedingungen gilt diese Lizenz unbefristet
|
b. Vorbehaltlich der oben genannten Bedingungen gilt diese Lizenz unbefristet bis der rechtliche Schutz für den Schutzgegenstand ausläuft. Davon abgesehen behält der Lizenzgeber das Recht, den Schutzgegenstand unter anderen Lizenzbedingungen anzubieten oder die eigene Weitergabe des Schutzgegenstandes jederzeit einzustellen, solange die Ausübung dieses Rechts nicht einer Kündigung oder einem Widerruf dieser Lizenz (oder irgendeiner Weiterlizenzierung, die auf Grundlage dieser Lizenz bereits erfolgt ist bzw. zukünftig noch erfolgen muss) dient und diese Lizenz unter Berücksichtigung der oben zum Erlöschen genannten Bedingungen vollumfänglich wirksam bleibt.
|
||||||
bis der rechtliche Schutz für den Schutzgegenstand ausläuft. Davon abgesehen
|
|
||||||
behält der Lizenzgeber das Recht, den Schutzgegenstand unter anderen Lizenzbedingungen
|
|
||||||
anzubieten oder die eigene Weitergabe des Schutzgegenstandes jederzeit einzustellen,
|
|
||||||
solange die Ausübung dieses Rechts nicht einer Kündigung oder einem Widerruf
|
|
||||||
dieser Lizenz (oder irgendeiner Weiterlizenzierung, die auf Grundlage dieser
|
|
||||||
Lizenz bereits erfolgt ist bzw. zukünftig noch erfolgen muss) dient und diese
|
|
||||||
Lizenz unter Berücksichtigung der oben zum Erlöschen genannten Bedingungen
|
|
||||||
vollumfänglich wirksam bleibt.
|
|
||||||
|
|
||||||
8. Sonstige Bestimmungen
|
8. Sonstige Bestimmungen
|
||||||
|
|
||||||
a. Jedes Mal wenn Sie den Schutzgegenstand für sich genommen oder als Teil
|
a. Jedes Mal wenn Sie den Schutzgegenstand für sich genommen oder als Teil eines Sammelwerkes verbreiten oder öffentlich wiedergeben, bietet der Lizenzgeber dem Empfänger eine Lizenz zu den gleichen Bedingungen und im gleichen Umfang an, wie Ihnen in Form dieser Lizenz.
|
||||||
eines Sammelwerkes verbreiten oder öffentlich wiedergeben, bietet der Lizenzgeber
|
|
||||||
dem Empfänger eine Lizenz zu den gleichen Bedingungen und im gleichen Umfang
|
|
||||||
an, wie Ihnen in Form dieser Lizenz.
|
|
||||||
|
|
||||||
b. Jedes Mal wenn Sie eine Bearbeitung des Schutzgegenstandes verbreiten oder
|
b. Jedes Mal wenn Sie eine Bearbeitung des Schutzgegenstandes verbreiten oder öffentlich wiedergeben, bietet der Lizenzgeber dem Empfänger eine Lizenz am ursprünglichen Schutzgegenstand zu den gleichen Bedingungen und im gleichen Umfang an, wie Ihnen in Form dieser Lizenz.
|
||||||
öffentlich wiedergeben, bietet der Lizenzgeber dem Empfänger eine Lizenz am
|
|
||||||
ursprünglichen Schutzgegenstand zu den gleichen Bedingungen und im gleichen
|
|
||||||
Umfang an, wie Ihnen in Form dieser Lizenz.
|
|
||||||
|
|
||||||
c. Sollte eine Bestimmung dieser Lizenz unwirksam sein, so bleibt davon die
|
c. Sollte eine Bestimmung dieser Lizenz unwirksam sein, so bleibt davon die Wirksamkeit der Lizenz im Übrigen unberührt.
|
||||||
Wirksamkeit der Lizenz im Übrigen unberührt.
|
|
||||||
|
|
||||||
d. Keine Bestimmung dieser Lizenz soll als abbedungen und kein Verstoß gegen
|
d. Keine Bestimmung dieser Lizenz soll als abbedungen und kein Verstoß gegen sie als zulässig gelten, solange die von dem Verzicht oder von dem Verstoß betroffene Seite nicht schriftlich zugestimmt hat.
|
||||||
sie als zulässig gelten, solange die von dem Verzicht oder von dem Verstoß
|
|
||||||
betroffene Seite nicht schriftlich zugestimmt hat.
|
|
||||||
|
|
||||||
e. Diese Lizenz (zusammen mit in ihr ausdrücklich vorgesehenen Erlaubnissen,
|
e. Diese Lizenz (zusammen mit in ihr ausdrücklich vorgesehenen Erlaubnissen, Mitteilungen und Zustimmungen, soweit diese tatsächlich vorliegen) stellt die vollständige Vereinbarung zwischen dem Lizenzgeber und Ihnen in Bezug auf den Schutzgegenstand dar. Es bestehen keine Abreden, Vereinbarungen oder Erklärungen in Bezug auf den Schutzgegenstand, die in dieser Lizenz nicht genannt sind. Rechtsgeschäftliche Änderungen des Verhältnisses zwischen dem Lizenzgeber und Ihnen sind nur über Modifikationen dieser Lizenz möglich. Der Lizenzgeber ist an etwaige zusätzliche, einseitig durch Sie übermittelte Bestimmungen nicht gebunden. Diese Lizenz kann nur durch schriftliche Vereinbarung zwischen Ihnen und dem Lizenzgeber modifiziert werden. Derlei Modifikationen wirken ausschließlich zwischen dem Lizenzgeber und Ihnen und wirken sich nicht auf die Dritten gemäß 8.a) und b) angebotenen Lizenzen aus.
|
||||||
Mitteilungen und Zustimmungen, soweit diese tatsächlich vorliegen) stellt
|
|
||||||
die vollständige Vereinbarung zwischen dem Lizenzgeber und Ihnen in Bezug
|
|
||||||
auf den Schutzgegenstand dar. Es bestehen keine Abreden, Vereinbarungen oder
|
|
||||||
Erklärungen in Bezug auf den Schutzgegenstand, die in dieser Lizenz nicht
|
|
||||||
genannt sind. Rechtsgeschäftliche Änderungen des Verhältnisses zwischen dem
|
|
||||||
Lizenzgeber und Ihnen sind nur über Modifikationen dieser Lizenz möglich.
|
|
||||||
Der Lizenzgeber ist an etwaige zusätzliche, einseitig durch Sie übermittelte
|
|
||||||
Bestimmungen nicht gebunden. Diese Lizenz kann nur durch schriftliche Vereinbarung
|
|
||||||
zwischen Ihnen und dem Lizenzgeber modifiziert werden. Derlei Modifikationen
|
|
||||||
wirken ausschließlich zwischen dem Lizenzgeber und Ihnen und wirken sich nicht
|
|
||||||
auf die Dritten gemäß 8.a) und b) angebotenen Lizenzen aus.
|
|
||||||
|
|
||||||
f. Sofern zwischen Ihnen und dem Lizenzgeber keine anderweitige Vereinbarung
|
f. Sofern zwischen Ihnen und dem Lizenzgeber keine anderweitige Vereinbarung getroffen wurde und soweit Wahlfreiheit besteht, findet auf diesen Lizenzvertrag das Recht der Republik Österreich Anwendung.
|
||||||
getroffen wurde und soweit Wahlfreiheit besteht, findet auf diesen Lizenzvertrag
|
|
||||||
das Recht der Republik Österreich Anwendung.
|
|
||||||
|
|
||||||
Creative Commons Notice
|
Creative Commons Notice
|
||||||
|
|
||||||
Creative Commons ist nicht Partei dieser Lizenz und übernimmt keinerlei Gewähr
|
Creative Commons ist nicht Partei dieser Lizenz und übernimmt keinerlei Gewähr oder dergleichen in Bezug auf den Schutzgegenstand. Creative Commons haftet Ihnen oder einer anderen Partei unter keinem rechtlichen Gesichtspunkt für irgendwelche Schäden, die - abstrakt oder konkret, zufällig oder vorhersehbar - im Zusammenhang mit dieser Lizenz entstehen. Unbeschadet der vorangegangen beiden Sätze, hat Creative Commons alle Rechte und Pflichten eines Lizenzgebers, wenn es sich ausdrücklich als Lizenzgeber im Sinne dieser Lizenz bezeichnet.
|
||||||
oder dergleichen in Bezug auf den Schutzgegenstand. Creative Commons haftet
|
|
||||||
Ihnen oder einer anderen Partei unter keinem rechtlichen Gesichtspunkt für
|
|
||||||
irgendwelche Schäden, die - abstrakt oder konkret, zufällig oder vorhersehbar
|
|
||||||
- im Zusammenhang mit dieser Lizenz entstehen. Unbeschadet der vorangegangen
|
|
||||||
beiden Sätze, hat Creative Commons alle Rechte und Pflichten eines Lizenzgebers,
|
|
||||||
wenn es sich ausdrücklich als Lizenzgeber im Sinne dieser Lizenz bezeichnet.
|
|
||||||
|
|
||||||
Creative Commons gewährt den Parteien nur insoweit das Recht, das Logo und
|
Creative Commons gewährt den Parteien nur insoweit das Recht, das Logo und die Marke "Creative Commons" zu nutzen, als dies notwendig ist, um der Öffentlichkeit gegenüber kenntlich zu machen, dass der Schutzgegenstand unter einer CCPL steht. Ein darüber hinaus gehender Gebrauch der Marke "Creative Commons" oder einer verwandten Marke oder eines verwandten Logos bedarf der vorherigen schriftlichen Zustimmung von Creative Commons. Jeder erlaubte Gebrauch richtet sich nach der Creative Commons Marken-Nutzungs-Richtlinie in der jeweils aktuellen Fassung, die von Zeit zu Zeit auf der Website veröffentlicht oder auf andere Weise auf Anfrage zugänglich gemacht wird. Zur Klarstellung: Die genannten Einschränkungen der Markennutzung sind nicht Bestandteil dieser Lizenz.
|
||||||
die Marke "Creative Commons" zu nutzen, als dies notwendig ist, um der Öffentlichkeit
|
|
||||||
gegenüber kenntlich zu machen, dass der Schutzgegenstand unter einer CCPL
|
|
||||||
steht. Ein darüber hinaus gehender Gebrauch der Marke "Creative Commons" oder
|
|
||||||
einer verwandten Marke oder eines verwandten Logos bedarf der vorherigen schriftlichen
|
|
||||||
Zustimmung von Creative Commons. Jeder erlaubte Gebrauch richtet sich nach
|
|
||||||
der Creative Commons Marken-Nutzungs-Richtlinie in der jeweils aktuellen Fassung,
|
|
||||||
die von Zeit zu Zeit auf der Website veröffentlicht oder auf andere Weise
|
|
||||||
auf Anfrage zugänglich gemacht wird. Zur Klarstellung: Die genannten Einschränkungen
|
|
||||||
der Markennutzung sind nicht Bestandteil dieser Lizenz.
|
|
||||||
|
|
||||||
Creative Commons kann kontaktiert werden über https://creativecommons.org/.
|
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Creative Commons Attribution 3.0 United States
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
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1. Definitions
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1. Definitions
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a. "Collective Work" means a work, such as a periodical issue, anthology or
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a. "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 one or more 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.
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encyclopedia, in which the Work in its entirety in unmodified form, along
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with one or more other contributions, constituting separate and independent
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works in themselves, are assembled into a collective whole. A work that constitutes
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a Collective Work will not be considered a Derivative Work (as defined below)
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for the purposes of this License.
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b. "Derivative Work" means a work based upon the Work or upon the Work and
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b. "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.
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other pre-existing works, such as a translation, musical arrangement, dramatization,
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fictionalization, motion picture version, sound recording, art reproduction,
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abridgment, condensation, or any other form in which the Work may be recast,
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transformed, or adapted, except that a work that constitutes a Collective
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Work will not be considered a Derivative Work for the purpose of this License.
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For the avoidance of doubt, where the Work is a musical composition or sound
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recording, the synchronization of the Work in timed-relation with a moving
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image ("synching") will be considered a Derivative Work for the purpose of
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c. "Licensor" means the individual, individuals, entity or entities that offers
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c. "Licensor" means the individual, individuals, entity or entities that offers the Work under the terms of this License.
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the Work under the terms of this License.
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d. "Original Author" means the individual, individuals, entity or entities
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who created the Work.
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e. "Work" means the copyrightable work of authorship offered under the terms
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e. "Work" means the copyrightable work of authorship offered under the terms of this License.
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of this License.
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f. "You" means an individual or entity exercising rights under this License
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f. "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.
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who has not previously violated the terms of this License with respect to
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the Work, or who has received express permission from the Licensor to exercise
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rights under this License despite a previous violation.
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2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
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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.
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or restrict any rights arising from fair use, first sale or other limitations
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on the exclusive rights of the copyright owner under copyright law or other
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applicable laws.
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3. License Grant. Subject to the terms and conditions of this License, Licensor
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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:
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hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for
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the duration of the applicable copyright) license to exercise the rights in
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the Work as stated below:
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a. to reproduce the Work, to incorporate the Work into one or more Collective
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a. 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;
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Works, and to reproduce the Work as incorporated in the Collective Works;
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b. to create and reproduce Derivative Works provided that any such Derivative
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b. to create and reproduce Derivative Works provided that any such Derivative Work, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work. For example, a translation could be marked "The original work was translated from English to Spanish," or a modification could indicate "The original work has been modified.";;
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Work, including any translation in any medium, takes reasonable steps to clearly
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label, demarcate or otherwise identify that changes were made to the original
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Work. For example, a translation could be marked "The original work was translated
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from English to Spanish," or a modification could indicate "The original work
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has been modified.";;
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c. to distribute copies or phonorecords of, display publicly, perform publicly,
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c. 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;
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and perform publicly by means of a digital audio transmission the Work including
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as incorporated in Collective Works;
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d. to distribute copies or phonorecords of, display publicly, perform publicly,
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d. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works.
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and perform publicly by means of a digital audio transmission Derivative Works.
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e. For the avoidance of doubt, where the Work is a musical composition:
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e. For the avoidance of doubt, where the Work is a musical composition:
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i. Performance Royalties Under Blanket Licenses. Licensor waives the exclusive
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i. Performance Royalties Under Blanket Licenses. Licensor waives the exclusive right to collect, whether individually or, in the event that Licensor is a member of a performance rights society (e.g. ASCAP, BMI, SESAC), via that society, royalties for the public performance or public digital performance (e.g. webcast) of the Work.
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right to collect, whether individually or, in the event that Licensor is a
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member of a performance rights society (e.g. ASCAP, BMI, SESAC), via that
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society, royalties for the public performance or public digital performance
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(e.g. webcast) of the Work.
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|
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ii. Mechanical Rights and Statutory Royalties. Licensor waives the exclusive
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ii. Mechanical Rights and Statutory Royalties. Licensor waives 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).
|
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right to collect, whether individually or via a music rights agency or designated
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agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from
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|
||||||
the Work ("cover version") and distribute, subject to the compulsory license
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|
||||||
created by 17 USC Section 115 of the US Copyright Act (or the equivalent in
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|
||||||
other jurisdictions).
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|
||||||
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|
||||||
f. Webcasting Rights and Statutory Royalties. For the avoidance of doubt,
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f. Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, Licensor waives 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).
|
||||||
where the Work is a sound recording, Licensor waives the exclusive right to
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|
||||||
collect, whether individually or via a performance-rights society (e.g. SoundExchange),
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|
||||||
royalties for the public digital performance (e.g. webcast) of the Work, subject
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|
||||||
to the compulsory license created by 17 USC Section 114 of the US Copyright
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|
||||||
Act (or the equivalent in other jurisdictions).
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|
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|
||||||
The above rights may be exercised in all media and formats whether now known
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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.
|
||||||
or hereafter devised. The above rights include the right to make such modifications
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as are technically necessary to exercise the rights in other media and formats.
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|
||||||
All rights not expressly granted by Licensor are hereby reserved.
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|
||||||
4. Restrictions. The license granted in Section 3 above is expressly made
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4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
|
||||||
subject to and limited by the following restrictions:
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|
||||||
a. You may distribute, publicly display, publicly perform, or publicly digitally
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a. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this 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 Work that restrict the terms of this License or the ability of a recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. When You distribute, publicly display, publicly perform, or publicly digitally perform the Work, You may not impose any technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License. This Section 4(a) 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 Section 4(b), as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any credit as required by Section 4(b), as requested.
|
||||||
perform the Work only under the terms of this License, and You must include
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|
||||||
a copy of, or the Uniform Resource Identifier for, this License with every
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|
||||||
copy or phonorecord of the Work You distribute, publicly display, publicly
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||||||
perform, or publicly digitally perform. You may not offer or impose any terms
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|
||||||
on the Work that restrict the terms of this License or the ability of a recipient
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|
||||||
of the Work to exercise the rights granted to that recipient under the terms
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|
||||||
of the License. You may not sublicense the Work. You must keep intact all
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|
||||||
notices that refer to this License and to the disclaimer of warranties. When
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|
||||||
You distribute, publicly display, publicly perform, or publicly digitally
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|
||||||
perform the Work, You may not impose any technological measures on the Work
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|
||||||
that restrict the ability of a recipient of the Work from You to exercise
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|
||||||
the rights granted to that recipient under the terms of the License. This
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|
||||||
Section 4(a) applies to the Work as incorporated in a Collective Work, but
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|
||||||
this does not require the Collective Work apart from the Work itself to be
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|
||||||
made subject to the terms of this License. If You create a Collective Work,
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|
||||||
upon notice from any Licensor You must, to the extent practicable, remove
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|
||||||
from the Collective Work any credit as required by Section 4(b), as requested.
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|
||||||
If You create a Derivative Work, upon notice from any Licensor You must, to
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|
||||||
the extent practicable, remove from the Derivative Work any credit as required
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|
||||||
by Section 4(b), as requested.
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|
||||||
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|
||||||
b. If You distribute, publicly display, publicly perform, or publicly digitally
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b. If You distribute, publicly display, publicly perform, or publicly digitally perform the Work (as defined in Section 1 above) or any Derivative Works (as defined in Section 1 above) or Collective Works (as defined in Section 1 above), You must, unless a request has been made pursuant to Section 4(a), keep intact all copyright notices 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 (ii) if the Original Author and/or Licensor designate another party or parties (e.g. a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and, consistent with Section 3(b) in the case of a 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"). The credit required by this Section 4(b) 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, if a credit for all contributing authors of the Derivative Work or Collective Work appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors. For the avoidance of doubt, You may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.
|
||||||
perform the Work (as defined in Section 1 above) or any Derivative Works (as
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|
||||||
defined in Section 1 above) or Collective Works (as defined in Section 1 above),
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|
||||||
You must, unless a request has been made pursuant to Section 4(a), keep intact
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|
||||||
all copyright notices for the Work and provide, reasonable to the medium or
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|
||||||
means You are utilizing: (i) the name of the Original Author (or pseudonym,
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|
||||||
if applicable) if supplied, and/or (ii) if the Original Author and/or Licensor
|
|
||||||
designate another party or parties (e.g. a sponsor institute, publishing entity,
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|
||||||
journal) for attribution ("Attribution Parties") in Licensor's copyright notice,
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|
||||||
terms of service or by other reasonable means, the name of such party or parties;
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|
||||||
the title of the Work if supplied; to the extent reasonably practicable, the
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|
||||||
Uniform Resource Identifier, if any, that Licensor specifies to be associated
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|
||||||
with the Work, unless such URI does not refer to the copyright notice or licensing
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|
||||||
information for the Work; and, consistent with Section 3(b) in the case of
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|
||||||
a Derivative Work, a credit identifying the use of the Work in the Derivative
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|
||||||
Work (e.g., "French translation of the Work by Original Author," or "Screenplay
|
|
||||||
based on original Work by Original Author"). The credit required by this Section
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|
||||||
4(b) may be implemented in any reasonable manner; provided, however, that
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|
||||||
in the case of a Derivative Work or Collective Work, at a minimum such credit
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|
||||||
will appear, if a credit for all contributing authors of the Derivative Work
|
|
||||||
or Collective Work appears, then as part of these credits and in a manner
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|
||||||
at least as prominent as the credits for the other contributing authors. For
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|
||||||
the avoidance of doubt, You may only use the credit required by this Section
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|
||||||
for the purpose of attribution in the manner set out above and, by exercising
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|
||||||
Your rights under this License, You may not implicitly or explicitly assert
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|
||||||
or imply any connection with, sponsorship or endorsement by the Original Author,
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|
||||||
Licensor and/or Attribution Parties, as appropriate, of You or Your use of
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|
||||||
the Work, without the separate, express prior written permission of the Original
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|
||||||
Author, Licensor and/or Attribution Parties.
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|
||||||
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|
||||||
5. Representations, Warranties and Disclaimer
|
5. Representations, Warranties and Disclaimer
|
||||||
|
|
||||||
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS
|
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND ONLY TO THE EXTENT OF ANY RIGHTS HELD IN THE LICENSED WORK BY THE LICENSOR. THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MARKETABILITY, 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.
|
||||||
THE WORK AS-IS AND ONLY TO THE EXTENT OF ANY RIGHTS HELD IN THE LICENSED WORK
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|
||||||
BY THE LICENSOR. THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
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|
||||||
KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
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|
||||||
WITHOUT LIMITATION, WARRANTIES OF TITLE, MARKETABILITY, MERCHANTIBILITY, FITNESS
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|
||||||
FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER
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|
||||||
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
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|
||||||
EXCLUSION MAY NOT APPLY TO YOU.
|
|
||||||
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|
||||||
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW,
|
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.
|
||||||
IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
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|
||||||
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS
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|
||||||
LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY
|
|
||||||
OF SUCH DAMAGES.
|
|
||||||
|
|
||||||
7. Termination
|
7. Termination
|
||||||
|
|
||||||
a. This License and the rights granted hereunder will terminate automatically
|
a. 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 (as defined in Section 1 above) or Collective Works (as defined in Section 1 above) 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.
|
||||||
upon any breach by You of the terms of this License. Individuals or entities
|
|
||||||
who have received Derivative Works (as defined in Section 1 above) or Collective
|
|
||||||
Works (as defined in Section 1 above) from You under this License, however,
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|
||||||
will not have their licenses terminated provided such individuals or entities
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|
||||||
remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and
|
|
||||||
8 will survive any termination of this License.
|
|
||||||
|
|
||||||
b. Subject to the above terms and conditions, the license granted here is
|
b. 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.
|
||||||
perpetual (for the duration of the applicable copyright in the Work). Notwithstanding
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|
||||||
the above, Licensor reserves the right to release the Work under different
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|
||||||
license terms or to stop distributing the Work at any time; provided, however
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|
||||||
that any such election will not serve to withdraw this License (or any other
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|
||||||
license that has been, or is required to be, granted under the terms of this
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|
||||||
License), and this License will continue in full force and effect unless terminated
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|
||||||
as stated above.
|
|
||||||
|
|
||||||
8. Miscellaneous
|
8. Miscellaneous
|
||||||
|
|
||||||
a. Each time You distribute or publicly digitally perform the Work (as defined
|
a. Each time You distribute or publicly digitally perform the Work (as defined in Section 1 above) or a Collective Work (as defined in Section 1 above), 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.
|
||||||
in Section 1 above) or a Collective Work (as defined in Section 1 above),
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|
||||||
the Licensor offers to the recipient a license to the Work on the same terms
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|
||||||
and conditions as the license granted to You under this License.
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|
||||||
|
|
||||||
b. Each time You distribute or publicly digitally perform a Derivative Work,
|
b. 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.
|
||||||
Licensor offers to the recipient a license to the original Work on the same
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|
||||||
terms and conditions as the license granted to You under this License.
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By exercising the Licensed Rights (defined below), You accept and agree to
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By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution 4.0 International Public License ("Public License"). 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 under these terms and conditions.
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Section 1 – Definitions.
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a. Adapted Material means material subject to Copyright and Similar Rights
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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 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 where the Licensed Material is synched in timed relation with a moving image.
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that is derived from or based upon the Licensed Material and in which the
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Licensed Material is translated, altered, arranged, transformed, or otherwise
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modified in a manner requiring permission under the Copyright and Similar
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Licensed Material is a musical work, performance, or sound recording, Adapted
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relation with a moving image.
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b. Adapter's License means the license You apply to Your Copyright and Similar
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b. Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License.
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and conditions of this Public License.
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c. Copyright and Similar Rights means copyright and/or similar rights closely
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c. 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.
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related to copyright including, without limitation, performance, broadcast,
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sound recording, and Sui Generis Database Rights, without regard to how the
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rights are labeled or categorized. For purposes of this Public License, the
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rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
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|
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d. Effective Technological Measures means those measures that, in the absence
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d. 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, and/or similar international agreements.
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||||||
of proper authority, may not be circumvented under laws fulfilling obligations
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under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996,
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and/or similar international agreements.
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|
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e. Exceptions and Limitations means fair use, fair dealing, and/or any other
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e. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
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||||||
exception or limitation to Copyright and Similar Rights that applies to Your
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use of the Licensed Material.
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|
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|
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f. Licensed Material means the artistic or literary work, database, or other
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f. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.
|
||||||
material to which the Licensor applied this Public License.
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||||||
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|
||||||
g. Licensed Rights means the rights granted to You subject to the terms and
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g. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
|
||||||
conditions of this Public License, which are limited to all Copyright and
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Similar Rights that apply to Your use of the Licensed Material and that the
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|
||||||
Licensor has authority to license.
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|
||||||
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|
||||||
h. Licensor means the individual(s) or entity(ies) granting rights under this
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h. Licensor means the individual(s) or entity(ies) granting rights under this Public License.
|
||||||
Public License.
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|
||||||
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|
||||||
i. Share means to provide material to the public by any means or process that
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i. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, 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.
|
||||||
requires permission under the Licensed Rights, such as reproduction, public
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||||||
display, public performance, distribution, dissemination, communication, or
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|
||||||
importation, and to make material available to the public including in ways
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|
||||||
that members of the public may access the material from a place and at a time
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|
||||||
individually chosen by them.
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|
||||||
j. Sui Generis Database Rights means rights other than copyright resulting
|
j. 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.
|
||||||
from Directive 96/9/EC of the European Parliament and of the Council of 11
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|
||||||
March 1996 on the legal protection of databases, as amended and/or succeeded,
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|
||||||
as well as other essentially equivalent rights anywhere in the world.
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|
||||||
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|
||||||
k. You means the individual or entity exercising the Licensed Rights under
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k. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.
|
||||||
this Public License. Your has a corresponding meaning.
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|
||||||
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|
||||||
Section 2 – Scope.
|
Section 2 – Scope.
|
||||||
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|
||||||
a. License grant.
|
a. License grant.
|
||||||
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|
||||||
1. Subject to the terms and conditions of this Public License, the Licensor
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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:
|
||||||
hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive,
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|
||||||
irrevocable license to exercise the Licensed Rights in the Licensed Material
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|
||||||
to:
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|
||||||
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|
||||||
A. reproduce and Share the Licensed Material, in whole or in part; and
|
A. reproduce and Share the Licensed Material, in whole or in part; and
|
||||||
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|
||||||
B. produce, reproduce, and Share Adapted Material.
|
B. produce, reproduce, and Share Adapted Material.
|
||||||
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|
||||||
2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions
|
2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
|
||||||
and Limitations apply to Your use, this Public License does not apply, and
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|
||||||
You do not need to comply with its terms and conditions.
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|
||||||
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|
||||||
3. Term. The term of this Public License is specified in Section 6(a).
|
3. Term. The term of this Public License is specified in Section 6(a).
|
||||||
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|
||||||
4. Media and formats; technical modifications allowed. The Licensor authorizes
|
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.
|
||||||
You to exercise the Licensed Rights in all media and formats whether now known
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|
||||||
or hereafter created, and to make technical modifications necessary to do
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|
||||||
so. The Licensor waives and/or agrees not to assert any right or authority
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|
||||||
to forbid You from making technical modifications necessary to exercise the
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|
||||||
Licensed Rights, including technical modifications necessary to circumvent
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|
||||||
Effective Technological Measures. For purposes of this Public License, simply
|
|
||||||
making modifications authorized by this Section 2(a)(4) never produces Adapted
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|
||||||
Material.
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|
||||||
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|
||||||
5. Downstream recipients.
|
5. Downstream recipients.
|
||||||
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|
||||||
A. Offer from the Licensor – Licensed Material. Every recipient of the Licensed
|
A. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.
|
||||||
Material automatically receives an offer from the Licensor to exercise the
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|
||||||
Licensed Rights under the terms and conditions of this Public License.
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|
||||||
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|
||||||
B. No downstream restrictions. You may not offer or impose any additional
|
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 if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
|
||||||
or different terms or conditions on, or apply any Effective Technological
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|
||||||
Measures to, the Licensed Material if doing so restricts exercise of the Licensed
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|
||||||
Rights by any recipient of the Licensed Material.
|
|
||||||
|
|
||||||
6. No endorsement. Nothing in this Public License constitutes or may be construed
|
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).
|
||||||
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
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|
||||||
Section 3(a)(1)(A)(i).
|
|
||||||
|
|
||||||
b. Other rights.
|
b. Other rights.
|
||||||
|
|
||||||
1. Moral rights, such as the right of integrity, are not licensed under this
|
1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or 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.
|
||||||
Public License, nor are publicity, privacy, and/or 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.
|
2. Patent and trademark rights are not licensed under this Public License.
|
||||||
|
|
||||||
3. To the extent possible, the Licensor waives any right to collect royalties
|
3. To the extent possible, the Licensor waives any 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 any right to collect such royalties.
|
||||||
from You for the exercise of the Licensed Rights, whether directly or through
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|
||||||
a collecting society under any voluntary or waivable statutory or compulsory
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|
||||||
licensing scheme. In all other cases the Licensor expressly reserves any right
|
|
||||||
to collect such royalties.
|
|
||||||
|
|
||||||
Section 3 – License Conditions.
|
Section 3 – License Conditions.
|
||||||
|
|
||||||
Your exercise of the Licensed Rights is expressly made subject to the following
|
Your exercise of the Licensed Rights is expressly made subject to the following conditions.
|
||||||
conditions.
|
|
||||||
|
|
||||||
a. Attribution.
|
a. Attribution.
|
||||||
|
|
||||||
1. If You Share the Licensed Material (including in modified form), You must:
|
1. If You Share the Licensed Material (including in modified form), You must:
|
||||||
|
|
||||||
A. retain the following if it is supplied by the Licensor with the Licensed
|
A. retain the following if it is supplied by the Licensor with the Licensed Material:
|
||||||
Material:
|
|
||||||
|
|
||||||
i. identification of the creator(s) of the Licensed Material and any others
|
i. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
|
||||||
designated to receive attribution, in any reasonable manner requested by the
|
|
||||||
Licensor (including by pseudonym if designated);
|
|
||||||
|
|
||||||
ii. a copyright notice;
|
ii. a copyright notice;
|
||||||
|
|
||||||
|
@ -191,134 +88,69 @@ Licensor (including by pseudonym if designated);
|
||||||
|
|
||||||
iv. a notice that refers to the disclaimer of warranties;
|
iv. a notice that refers to the disclaimer of warranties;
|
||||||
|
|
||||||
v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
|
v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
|
||||||
|
|
||||||
B. indicate if You modified the Licensed Material and retain an indication
|
B. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
|
||||||
of any previous modifications; and
|
|
||||||
|
|
||||||
C. indicate the Licensed Material is licensed under this Public License, 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.
|
||||||
include the text of, or the URI or hyperlink to, this Public License.
|
|
||||||
|
|
||||||
2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner
|
2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
|
||||||
based on the medium, means, and context in which You Share the Licensed Material.
|
|
||||||
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
|
3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
|
||||||
by Section 3(a)(1)(A) to the extent reasonably practicable.
|
|
||||||
|
|
||||||
4. If You Share Adapted Material You produce, the Adapter's License You apply
|
4. If You Share Adapted Material You produce, the Adapter's License You apply must not prevent recipients of the Adapted Material from complying with this Public License.
|
||||||
must not prevent recipients of the Adapted Material from complying with this
|
|
||||||
Public License.
|
|
||||||
|
|
||||||
Section 4 – Sui Generis Database Rights.
|
Section 4 – Sui Generis Database Rights.
|
||||||
|
|
||||||
Where the Licensed Rights include Sui Generis Database Rights that apply to
|
Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:
|
||||||
Your use of the Licensed Material:
|
|
||||||
|
|
||||||
a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract,
|
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;
|
||||||
reuse, reproduce, and Share all or a substantial portion of the contents of
|
|
||||||
the database;
|
|
||||||
|
|
||||||
b. if You include all or a substantial portion of the database contents in
|
b. 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; and
|
||||||
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; and
|
|
||||||
|
|
||||||
c. You must comply with the conditions in Section 3(a) if You Share all or
|
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.
|
||||||
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.
|
||||||
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.
|
Section 5 – Disclaimer of Warranties and Limitation of Liability.
|
||||||
|
|
||||||
a. Unless otherwise separately undertaken by the Licensor, to the extent possible,
|
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, whether express, implied, statutory, or other. 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.
|
||||||
the Licensor offers the Licensed Material as-is and as-available, and makes
|
|
||||||
no representations or warranties of any kind concerning the Licensed Material,
|
|
||||||
whether express, implied, statutory, or other. 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
|
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, 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.
|
||||||
on any legal theory (including, without limitation, negligence) or otherwise
|
|
||||||
for any direct, special, indirect, incidental, consequential, punitive, 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 liability provided above
|
c. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
|
||||||
shall be interpreted in a manner that, to the extent possible, most closely
|
|
||||||
approximates an absolute disclaimer and waiver of all liability.
|
|
||||||
|
|
||||||
Section 6 – Term and Termination.
|
Section 6 – Term and Termination.
|
||||||
|
|
||||||
a. This Public License applies for the term of the Copyright and Similar Rights
|
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.
|
||||||
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
|
b. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:
|
||||||
6(a), it reinstates:
|
|
||||||
|
|
||||||
1. automatically as of the date the violation is cured, provided it is cured
|
1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
|
||||||
within 30 days of Your discovery of the violation; or
|
|
||||||
|
|
||||||
2. upon express reinstatement by the Licensor.
|
2. upon express reinstatement by the Licensor.
|
||||||
|
|
||||||
c. For the avoidance of doubt, this Section 6(b) does not affect any right
|
c. For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.
|
||||||
the Licensor may have to seek remedies for Your violations of this Public
|
|
||||||
License.
|
|
||||||
|
|
||||||
d. For the avoidance of doubt, the Licensor may also offer the Licensed Material
|
d. 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.
|
||||||
under separate terms or conditions or stop distributing the Licensed Material
|
|
||||||
at any time; however, doing so will not terminate this Public License.
|
|
||||||
|
|
||||||
e. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.
|
e. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.
|
||||||
|
|
||||||
Section 7 – Other Terms and Conditions.
|
Section 7 – Other Terms and Conditions.
|
||||||
|
|
||||||
a. The Licensor shall not be bound by any additional or different terms or
|
a. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
|
||||||
conditions communicated by You unless expressly agreed.
|
|
||||||
|
|
||||||
b. Any arrangements, understandings, or agreements regarding the Licensed
|
b. 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.
|
||||||
Material not stated herein are separate from and independent of the terms
|
|
||||||
and conditions of this Public License.
|
|
||||||
|
|
||||||
Section 8 – Interpretation.
|
Section 8 – Interpretation.
|
||||||
|
|
||||||
a. For the avoidance of doubt, this Public License does not, and shall not
|
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 could lawfully be made without permission under this Public License.
|
||||||
be interpreted to, reduce, limit, restrict, or impose conditions on any use
|
|
||||||
of the Licensed Material that could lawfully be made without permission under
|
|
||||||
this Public License.
|
|
||||||
|
|
||||||
b. To the extent possible, if any provision of this Public License is deemed
|
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.
|
||||||
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
|
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.
|
||||||
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
|
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.
|
||||||
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 a party to its public licenses. Notwithstanding, Creative
|
Creative Commons is not a 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 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.
|
||||||
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
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|
||||||
license or as otherwise permitted by the Creative Commons policies published
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|
||||||
at 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
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|
||||||
licensed material. For the avoidance of doubt, this paragraph does not form
|
|
||||||
part of the public licenses.
|
|
||||||
|
|
||||||
Creative Commons may be contacted at creativecommons.org.
|
Creative Commons may be contacted at creativecommons.org.
|
||||||
|
|
|
@ -1,204 +1,75 @@
|
||||||
Creative Commons Attribution-NonCommercial 1.0
|
Creative Commons Attribution-NonCommercial 1.0
|
||||||
|
|
||||||
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
|
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS DRAFT LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
|
||||||
SERVICES. DISTRIBUTION OF THIS DRAFT LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT
|
|
||||||
RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS.
|
|
||||||
CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND
|
|
||||||
DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
|
|
||||||
|
|
||||||
License
|
License
|
||||||
|
|
||||||
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS
|
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE IS PROHIBITED.
|
||||||
PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR
|
|
||||||
OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS
|
|
||||||
LICENSE IS PROHIBITED.
|
|
||||||
|
|
||||||
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO
|
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
|
||||||
BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS
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|
||||||
CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
|
|
||||||
|
|
||||||
1. Definitions
|
1. Definitions
|
||||||
|
|
||||||
a. "Collective Work" means a work, such as a periodical issue, anthology or
|
a. "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.
|
||||||
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.
|
|
||||||
|
|
||||||
b. "Derivative Work" means a work based upon the Work or upon the Work and
|
b. "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.
|
||||||
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.
|
|
||||||
|
|
||||||
c. "Licensor" means the individual or entity that offers the Work under the
|
c. "Licensor" means the individual or entity that offers the Work under the terms of this License.
|
||||||
terms of this License.
|
|
||||||
|
|
||||||
d. "Original Author" means the individual or entity who created the Work.
|
d. "Original Author" means the individual or entity who created the Work.
|
||||||
|
|
||||||
e. "Work" means the copyrightable work of authorship offered under the terms
|
e. "Work" means the copyrightable work of authorship offered under the terms of this License.
|
||||||
of this License.
|
|
||||||
|
|
||||||
f. "You" means an individual or entity exercising rights under this License
|
f. "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.
|
||||||
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.
|
|
||||||
|
|
||||||
2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
|
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.
|
||||||
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
|
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:
|
||||||
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:
|
|
||||||
|
|
||||||
a. to reproduce the Work, to incorporate the Work into one or more Collective
|
a. 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;
|
||||||
Works, and to reproduce the Work as incorporated in the Collective Works;
|
|
||||||
|
|
||||||
b. to create and reproduce Derivative Works;
|
b. to create and reproduce Derivative Works;
|
||||||
|
|
||||||
c. to distribute copies or phonorecords of, display publicly, perform publicly,
|
c. 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;
|
||||||
and perform publicly by means of a digital audio transmission the Work including
|
|
||||||
as incorporated in Collective Works;
|
|
||||||
|
|
||||||
d. to distribute copies or phonorecords of, display publicly, perform publicly,
|
d. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works;
|
||||||
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
|
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.
|
||||||
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.
|
|
||||||
|
|
||||||
4. Restrictions. The license granted in Section 3 above is expressly made
|
4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
|
||||||
subject to and limited by the following restrictions:
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|
||||||
|
|
||||||
a. You may distribute, publicly display, publicly perform, or publicly digitally
|
a. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this 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 Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. 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 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 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 reference to such Licensor or the Original Author, as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any reference to such Licensor or the Original Author, as requested.
|
||||||
perform the Work only under the terms of this License, and You must include
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|
||||||
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 Work that alter or restrict the terms of this License or the recipients'
|
|
||||||
exercise of the rights granted hereunder. You may not sublicense the Work.
|
|
||||||
You must keep intact all notices that refer to this License and to the disclaimer
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|
||||||
of warranties. You may not distribute, publicly display, publicly perform,
|
|
||||||
or publicly digitally perform the 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 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 reference to such Licensor or the Original
|
|
||||||
Author, as requested. If You create a Derivative Work, upon notice from any
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|
||||||
Licensor You must, to the extent practicable, remove from the Derivative Work
|
|
||||||
any reference to such Licensor or the Original Author, as requested.
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|
||||||
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|
||||||
b. You may not exercise any of the rights granted to You in Section 3 above
|
b. 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 of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
|
||||||
in any manner that is primarily intended for or directed toward commercial
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|
||||||
advantage or private monetary compensation. The exchange of the Work for other
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|
||||||
copyrighted works by means of digital file-sharing or otherwise shall not
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|
||||||
be considered to be intended for or directed toward commercial advantage or
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|
||||||
private monetary compensation, provided there is no payment of any monetary
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|
||||||
compensation in connection with the exchange of copyrighted works.
|
|
||||||
|
|
||||||
c. If you distribute, publicly display, publicly perform, or publicly digitally
|
c. If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Work if supplied; in the case of a 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.
|
||||||
perform the Work or any Derivative Works or Collective Works, You must keep
|
|
||||||
intact all copyright notices for the Work and give the Original Author credit
|
|
||||||
reasonable to the medium or means You are utilizing by conveying the name
|
|
||||||
(or pseudonym if applicable) of the Original Author if supplied; the title
|
|
||||||
of the Work if supplied; in the case of a 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
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|
||||||
such credit will appear where any other comparable authorship credit appears
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and in a manner at least as prominent as such other comparable authorship
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By offering the Work for public release under this License, Licensor represents and warrants that, to the best of Licensor's knowledge after reasonable inquiry: Licensor has secured all rights in the Work necessary to grant the license rights hereunder and to permit the lawful exercise of the rights granted hereunder without You having any obligation to pay any royalties, compulsory license fees, residuals or any other payments; The Work does not infringe the copyright, trademark, publicity rights, common law rights or any other right of any third party or constitute defamation, invasion of privacy or other tortious injury to any third party. EXCEPT AS EXPRESSLY STATED IN THIS LICENSE OR OTHERWISE AGREED IN WRITING OR REQUIRED BY APPLICABLE LAW, THE WORK IS LICENSED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE CONTENTS OR ACCURACY OF THE WORK.
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TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE
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a. This License and the rights granted hereunder will terminate automatically
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a. 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.
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terms and conditions as the license granted to You under this License.
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c. If any provision of this License is invalid or unenforceable under applicable
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the terms of this License, and without further action by the parties to this
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Creative Commons is not a party to this License, and makes no warranty whatsoever
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Except for the limited purpose of indicating to the public that the Work is
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Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.
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Creative Commons may be contacted at http://creativecommons.org/.
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Creative Commons may be contacted at http://creativecommons.org/.
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS
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1. Definitions
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1. Definitions
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||||||
a. "Collective Work" means a work, such as a periodical issue, anthology or
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a. "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.
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encyclopedia, in which the Work in its entirety in unmodified form, along
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with a number of other contributions, constituting separate and independent
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works in themselves, are assembled into a collective whole. A work that constitutes
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a Collective Work will not be considered a Derivative Work (as defined below)
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for the purposes of this License.
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b. "Derivative Work" means a work based upon the Work or upon the Work and
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b. "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.
|
||||||
other pre-existing works, such as a translation, musical arrangement, dramatization,
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fictionalization, motion picture version, sound recording, art reproduction,
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abridgment, condensation, or any other form in which the Work may be recast,
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transformed, or adapted, except that a work that constitutes a Collective
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Work will not be considered a Derivative Work for the purpose of this License.
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For the avoidance of doubt, where the Work is a musical composition or sound
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recording, the synchronization of the Work in timed-relation with a moving
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image ("synching") will be considered a Derivative Work for the purpose of
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this License.
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c. "Licensor" means the individual or entity that offers the Work under the
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c. "Licensor" means the individual or entity that offers the Work under the terms of this License.
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terms of this License.
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d. "Original Author" means the individual or entity who created the Work.
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e. "Work" means the copyrightable work of authorship offered under the terms
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e. "Work" means the copyrightable work of authorship offered under the terms of this License.
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||||||
of this License.
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f. "You" means an individual or entity exercising rights under this License
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f. "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.
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the Work, or who has received express permission from the Licensor to exercise
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2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
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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.
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or restrict any rights arising from fair use, first sale or other limitations
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on the exclusive rights of the copyright owner under copyright law or other
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applicable laws.
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3. License Grant. Subject to the terms and conditions of this License, Licensor
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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:
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hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for
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the Work as stated below:
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a. to reproduce the Work, to incorporate the Work into one or more Collective
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b. to create and reproduce Derivative Works;
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c. to distribute copies or phonorecords of, display publicly, perform publicly,
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as incorporated in Collective Works;
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d. to distribute copies or phonorecords of, display publicly, perform publicly,
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The above rights may be exercised in all media and formats whether now known
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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(d) and 4(e).
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All rights not expressly granted by Licensor are hereby reserved, including
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but not limited to the rights set forth in Sections 4(d) and 4(e).
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|
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perform the Work only under the terms of this License, and You must include
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a copy of, or the Uniform Resource Identifier for, this License with every
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copy or phonorecord of the Work You distribute, publicly display, publicly
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perform, or publicly digitally perform. You may not offer or impose any terms
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exercise of the rights granted hereunder. You may not sublicense the Work.
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or publicly digitally perform the Work with any technological measures that
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control access or use of the Work in a manner inconsistent with the terms
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of this License Agreement. The above applies to the Work as incorporated in
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a Collective Work, but this does not require the Collective Work apart from
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the Work itself to be made subject to the terms of this License. If You create
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a Collective Work, upon notice from any Licensor You must, to the extent practicable,
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remove from the Collective Work any reference to such Licensor or the Original
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Author, as requested. If You create a Derivative Work, upon notice from any
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Licensor You must, to the extent practicable, remove from the Derivative Work
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any reference to such Licensor or the Original Author, as requested.
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in any manner that is primarily intended for or directed toward commercial
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private monetary compensation, provided there is no payment of any monetary
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compensation in connection with the exchange of copyrighted works.
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c. If you distribute, publicly display, publicly perform, or publicly digitally
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|
||||||
perform the Work or any Derivative Works or Collective Works, You must keep
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intact all copyright notices for the Work and give the Original Author credit
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|
||||||
reasonable to the medium or means You are utilizing by conveying the name
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(or pseudonym if applicable) of the Original Author if supplied; the title
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|
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of the Work if supplied; to the extent reasonably practicable, the Uniform
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Resource Identifier, if any, that Licensor specifies to be associated with
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the Work, unless such URI does not refer to the copyright notice or licensing
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information for the Work; and in the case of a Derivative Work, a credit identifying
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the use of the Work in the Derivative Work (e.g., "French translation of the
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|
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Work by Original Author," or "Screenplay based on original Work by Original
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|
||||||
Author"). Such credit may be implemented in any reasonable manner; provided,
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|
||||||
however, that in the case of a Derivative Work or Collective Work, at a minimum
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|
||||||
such credit will appear where any other comparable authorship credit appears
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|
||||||
and in a manner at least as prominent as such other comparable authorship
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|
||||||
credit.
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|
||||||
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|
||||||
d. For the avoidance of doubt, where the Work is a musical composition:
|
d. For the avoidance of doubt, where the Work is a musical composition:
|
||||||
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|
||||||
i. Performance Royalties Under Blanket Licenses. Licensor reserves the exclusive
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i. 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.
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||||||
right to collect, whether individually or via a performance rights society
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|
||||||
(e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital
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|
||||||
performance (e.g. webcast) of the Work if that performance is primarily intended
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|
||||||
for or directed toward commercial advantage or private monetary compensation.
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|
||||||
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|
||||||
ii. Mechanical Rights and Statutory Royalties. Licensor reserves the exclusive
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ii. 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. 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.
|
||||||
right to collect, whether individually or via a music rights agency or designated
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|
||||||
agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from
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|
||||||
the Work ("cover version") and distribute, subject to the compulsory license
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|
||||||
created by 17 USC Section 115 of the US Copyright Act (or the equivalent in
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|
||||||
other jurisdictions), if Your distribution of such cover version is primarily
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|
||||||
intended for or directed toward commercial advantage or private monetary compensation.
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|
||||||
Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where
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|
||||||
the Work is a sound recording, Licensor reserves the exclusive right to collect,
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|
||||||
whether individually or via a performance-rights society (e.g. SoundExchange),
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|
||||||
royalties for the public digital performance (e.g. webcast) of the Work, subject
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|
||||||
to the compulsory license created by 17 USC Section 114 of the US Copyright
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|
||||||
Act (or the equivalent in other jurisdictions), if Your public digital performance
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|
||||||
is primarily intended for or directed toward commercial advantage or private
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|
||||||
monetary compensation.
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|
||||||
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|
||||||
5. Representations, Warranties and Disclaimer
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5. Representations, Warranties and Disclaimer
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||||||
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|
||||||
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS
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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.
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THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
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OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE
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OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE
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||||||
EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
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6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW,
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IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
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INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS
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LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY
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OF SUCH DAMAGES.
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|
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7. Termination
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7. Termination
|
||||||
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|
||||||
a. This License and the rights granted hereunder will terminate automatically
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a. 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.
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||||||
upon any breach by You of the terms of this License. Individuals or entities
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who have received Derivative Works or Collective Works from You under this
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or entities remain in full compliance with those licenses. Sections 1, 2,
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|
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b. Subject to the above terms and conditions, the license granted here is
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||||||
perpetual (for the duration of the applicable copyright in the Work). Notwithstanding
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||||||
the above, Licensor reserves the right to release the Work under different
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license terms or to stop distributing the Work at any time; provided, however
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license that has been, or is required to be, granted under the terms of this
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|
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License), and this License will continue in full force and effect unless terminated
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|
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as stated above.
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|
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|
||||||
8. Miscellaneous
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8. Miscellaneous
|
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|
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a. Each time You distribute or publicly digitally perform the Work or a Collective
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a. 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.
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Work, the Licensor offers to the recipient a license to the Work on the same
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b. Each time You distribute or publicly digitally perform a Derivative Work,
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b. 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.
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Licensor offers to the recipient a license to the original Work on the same
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|
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c. If any provision of this License is invalid or unenforceable under applicable
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c. 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.
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the terms of this License, and without further action by the parties to this
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agreement, such provision shall be reformed to the minimum extent necessary
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|
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d. No term or provision of this License shall be deemed waived and no breach
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d. 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.
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consented to unless such waiver or consent shall be in writing and signed
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e. This License constitutes the entire agreement between the parties with
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e. 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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Creative Commons is not a party to this License, and makes no warranty whatsoever
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Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.
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Except for the limited purpose of indicating to the public that the Work is
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Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.
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consent of Creative Commons. Any permitted use will be in compliance with
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Creative Commons' then-current trademark usage guidelines, as may be published
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on its website or otherwise made available upon request from time to time.
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Creative Commons may be contacted at http://creativecommons.org/.
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Creative Commons may be contacted at http://creativecommons.org/.
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@ -1,319 +1,95 @@
|
||||||
Creative Commons Attribution-NonCommercial 3.0 Unported
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Creative Commons Attribution-NonCommercial 3.0 Unported
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
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RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS.
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
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||||||
1. Definitions
|
1. Definitions
|
||||||
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|
||||||
a. "Adaptation" means a work based upon the Work, or upon the Work and other
|
a. "Adaptation" means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work that constitutes a Collection will not be considered an Adaptation for the purpose of this License. For the avoidance of doubt, where the Work is a musical work, performance or phonogram, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered an Adaptation for the purpose of this License.
|
||||||
pre-existing works, such as a translation, adaptation, derivative work, arrangement
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|
||||||
of music or other alterations of a literary or artistic work, or phonogram
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|
||||||
or performance and includes cinematographic adaptations or any other form
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|
||||||
in which the Work may be recast, transformed, or adapted including in any
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|
||||||
form recognizably derived from the original, except that a work that constitutes
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|
||||||
a Collection will not be considered an Adaptation for the purpose of this
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|
||||||
License. For the avoidance of doubt, where the Work is a musical work, performance
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|
||||||
or phonogram, the synchronization of the Work in timed-relation with a moving
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|
||||||
image ("synching") will be considered an Adaptation for the purpose of this
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|
||||||
License.
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|
||||||
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|
||||||
b. "Collection" means a collection of literary or artistic works, such as
|
b. "Collection" means a collection of literary or artistic works, such as encyclopedias and anthologies, or performances, phonograms or broadcasts, or other works or subject matter other than works listed in Section 1(f) below, which, by reason of the selection and arrangement of their contents, constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each constituting separate and independent works in themselves, which together are assembled into a collective whole. A work that constitutes a Collection will not be considered an Adaptation (as defined above) for the purposes of this License.
|
||||||
encyclopedias and anthologies, or performances, phonograms or broadcasts,
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|
||||||
or other works or subject matter other than works listed in Section 1(f) below,
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|
||||||
which, by reason of the selection and arrangement of their contents, constitute
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|
||||||
intellectual creations, in which the Work is included in its entirety in unmodified
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|
||||||
form along with one or more other contributions, each constituting separate
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|
||||||
and independent works in themselves, which together are assembled into a collective
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|
||||||
whole. A work that constitutes a Collection will not be considered an Adaptation
|
|
||||||
(as defined above) for the purposes of this License.
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|
||||||
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|
||||||
c. "Distribute" means to make available to the public the original and copies
|
c. "Distribute" means to make available to the public the original and copies of the Work or Adaptation, as appropriate, through sale or other transfer of ownership.
|
||||||
of the Work or Adaptation, as appropriate, through sale or other transfer
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|
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of ownership.
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|
||||||
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|
||||||
d. "Licensor" means the individual, individuals, entity or entities that offer(s)
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d. "Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this License.
|
||||||
the Work under the terms of this License.
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|
||||||
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|
||||||
e. "Original Author" means, in the case of a literary or artistic work, the
|
e. "Original Author" means, in the case of a literary or artistic work, the individual, individuals, entity or entities who created the Work or if no individual or entity can be identified, the publisher; and in addition (i) in the case of a performance the actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary or artistic works or expressions of folklore; (ii) in the case of a phonogram the producer being the person or legal entity who first fixes the sounds of a performance or other sounds; and, (iii) in the case of broadcasts, the organization that transmits the broadcast.
|
||||||
individual, individuals, entity or entities who created the Work or if no
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|
||||||
individual or entity can be identified, the publisher; and in addition (i)
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|
||||||
in the case of a performance the actors, singers, musicians, dancers, and
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|
||||||
other persons who act, sing, deliver, declaim, play in, interpret or otherwise
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|
||||||
perform literary or artistic works or expressions of folklore; (ii) in the
|
|
||||||
case of a phonogram the producer being the person or legal entity who first
|
|
||||||
fixes the sounds of a performance or other sounds; and, (iii) in the case
|
|
||||||
of broadcasts, the organization that transmits the broadcast.
|
|
||||||
|
|
||||||
f. "Work" means the literary and/or artistic work offered under the terms
|
f. "Work" means the literary and/or artistic work offered under the terms of this License including without limitation any production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression including digital form, such as a book, pamphlet and other writing; a lecture, address, sermon or other work of the same nature; a dramatic or dramatico-musical work; a choreographic work or entertainment in dumb show; a musical composition with or without words; a cinematographic work to which are assimilated works expressed by a process analogous to cinematography; a work of drawing, painting, architecture, sculpture, engraving or lithography; a photographic work to which are assimilated works expressed by a process analogous to photography; a work of applied art; an illustration, map, plan, sketch or three-dimensional work relative to geography, topography, architecture or science; a performance; a broadcast; a phonogram; a compilation of data to the extent it is protected as a copyrightable work; or a work performed by a variety or circus performer to the extent it is not otherwise considered a literary or artistic work.
|
||||||
of this License including without limitation any production in the literary,
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|
||||||
scientific and artistic domain, whatever may be the mode or form of its expression
|
|
||||||
including digital form, such as a book, pamphlet and other writing; a lecture,
|
|
||||||
address, sermon or other work of the same nature; a dramatic or dramatico-musical
|
|
||||||
work; a choreographic work or entertainment in dumb show; a musical composition
|
|
||||||
with or without words; a cinematographic work to which are assimilated works
|
|
||||||
expressed by a process analogous to cinematography; a work of drawing, painting,
|
|
||||||
architecture, sculpture, engraving or lithography; a photographic work to
|
|
||||||
which are assimilated works expressed by a process analogous to photography;
|
|
||||||
a work of applied art; an illustration, map, plan, sketch or three-dimensional
|
|
||||||
work relative to geography, topography, architecture or science; a performance;
|
|
||||||
a broadcast; a phonogram; a compilation of data to the extent it is protected
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|
||||||
as a copyrightable work; or a work performed by a variety or circus performer
|
|
||||||
to the extent it is not otherwise considered a literary or artistic work.
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|
||||||
|
|
||||||
g. "You" means an individual or entity exercising rights under this License
|
g. "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.
|
||||||
who has not previously violated the terms of this License with respect to
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|
||||||
the Work, or who has received express permission from the Licensor to exercise
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|
||||||
rights under this License despite a previous violation.
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|
||||||
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|
||||||
h. "Publicly Perform" means to perform public recitations of the Work and
|
h. "Publicly Perform" means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performances; to make available to the public Works in such a way that 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 means or process and the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any means including signs, sounds or images.
|
||||||
to communicate to the public those public recitations, by any means or process,
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|
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including by wire or wireless means or public digital performances; to make
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|
||||||
available to the public Works in such a way that members of the public may
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|
||||||
access these Works from a place and at a place individually chosen by them;
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|
||||||
to perform the Work to the public by any means or process and the communication
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|
||||||
to the public of the performances of the Work, including by public digital
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|
||||||
performance; to broadcast and rebroadcast the Work by any means including
|
|
||||||
signs, sounds or images.
|
|
||||||
|
|
||||||
i. "Reproduce" means to make copies of the Work by any means including without
|
i. "Reproduce" means to make copies of the Work by any means including without limitation by sound or visual recordings and the right of fixation and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or other electronic medium.
|
||||||
limitation by sound or visual recordings and the right of fixation and reproducing
|
|
||||||
fixations of the Work, including storage of a protected performance or phonogram
|
|
||||||
in digital form or other electronic medium.
|
|
||||||
|
|
||||||
2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit,
|
2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.
|
||||||
or restrict any uses free from copyright or rights arising from limitations
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|
||||||
or exceptions that are provided for in connection with the copyright protection
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|
||||||
under copyright law or other applicable laws.
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|
||||||
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|
||||||
3. License Grant. Subject to the terms and conditions of this License, Licensor
|
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:
|
||||||
hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for
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|
||||||
the duration of the applicable copyright) license to exercise the rights in
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|
||||||
the Work as stated below:
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|
||||||
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|
||||||
a. to Reproduce the Work, to incorporate the Work into one or more Collections,
|
a. to Reproduce the Work, to incorporate the Work into one or more Collections, and to Reproduce the Work as incorporated in the Collections;
|
||||||
and to Reproduce the Work as incorporated in the Collections;
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|
||||||
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|
||||||
b. to create and Reproduce Adaptations provided that any such Adaptation,
|
b. to create and Reproduce Adaptations provided that any such Adaptation, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work. For example, a translation could be marked "The original work was translated from English to Spanish," or a modification could indicate "The original work has been modified.";
|
||||||
including any translation in any medium, takes reasonable steps to clearly
|
|
||||||
label, demarcate or otherwise identify that changes were made to the original
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|
||||||
Work. For example, a translation could be marked "The original work was translated
|
|
||||||
from English to Spanish," or a modification could indicate "The original work
|
|
||||||
has been modified.";
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|
||||||
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|
||||||
c. to Distribute and Publicly Perform the Work including as incorporated in
|
c. to Distribute and Publicly Perform the Work including as incorporated in Collections; and,
|
||||||
Collections; and,
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|
||||||
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|
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permitted by applicable law, if You Reproduce, Distribute or Publicly Perform
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Licensor agrees that in those jurisdictions (e.g. Japan), in which any exercise
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Your right under Section 3(b) of this License (right to make Adaptations)
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||||||
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS
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||||||
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Creative Commons public licenses provide a standard set of terms and conditions
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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 material 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.
|
||||||
that creators and other rights holders may use to share original works of
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|
||||||
authorship and other material 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
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|
||||||
licenses.
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|
||||||
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|
||||||
Considerations for licensors: Our public licenses are intended for use by
|
Considerations for licensors: Our public licenses are intended for use by those authorized to give the public permission to use material in ways otherwise restricted by copyright and certain other rights. Our licenses are irrevocable. Licensors should read and understand the terms and conditions of the license they choose before applying it. Licensors should also secure all rights necessary before applying our licenses so that the public can reuse the material as expected. Licensors should clearly mark any material not subject to the license. This includes other CC-licensed material, or material used under an exception or limitation to copyright. More considerations for licensors.
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||||||
those authorized to give the public permission to use material in ways otherwise
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|
||||||
restricted by copyright and certain other rights. Our licenses are irrevocable.
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|
||||||
Licensors should read and understand the terms and conditions of the license
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|
||||||
they choose before applying it. Licensors should also secure all rights necessary
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|
||||||
before applying our licenses so that the public can reuse the material as
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|
||||||
expected. Licensors should clearly mark any material not subject to the license.
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|
||||||
This includes other CC-licensed material, or material used under an exception
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|
||||||
or limitation to copyright. More considerations for licensors.
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||||||
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|
||||||
Considerations for the public: By using one of our public licenses, a licensor
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Considerations for the public: By using one of our public licenses, a licensor grants the public permission to use the licensed material under specified terms and conditions. If the licensor’s permission is not necessary for any reason–for example, because of any applicable exception or limitation to copyright–then that use is not regulated by the license. Our licenses grant only permissions under copyright and certain other rights that a licensor has authority to grant. Use of the licensed material may still be restricted for other reasons, including because others have copyright or other rights in the material. A licensor may make special requests, such as asking that all changes be marked or described. Although not required by our licenses, you are encouraged to respect those requests where reasonable. More considerations for the public.
|
||||||
grants the public permission to use the licensed material under specified
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|
||||||
terms and conditions. If the licensor’s permission is not necessary for any
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|
||||||
reason–for example, because of any applicable exception or limitation to copyright–then
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|
||||||
that use is not regulated by the license. Our licenses grant only permissions
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|
||||||
under copyright and certain other rights that a licensor has authority to
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||||||
grant. Use of the licensed material may still be restricted for other reasons,
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|
||||||
including because others have copyright or other rights in the material. A
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|
||||||
licensor may make special requests, such as asking that all changes be marked
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|
||||||
or described. Although not required by our licenses, you are encouraged to
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|
||||||
respect those requests where reasonable. More considerations for the public.
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||||||
Creative Commons Attribution-NonCommercial 4.0 International Public License
|
Creative Commons Attribution-NonCommercial 4.0 International Public License
|
||||||
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|
||||||
By exercising the Licensed Rights (defined below), You accept and agree to
|
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 4.0 International Public License ("Public License"). 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 under these terms and conditions.
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||||||
be bound by the terms and conditions of this Creative Commons Attribution-NonCommercial
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|
||||||
4.0 International Public License ("Public License"). To the extent this Public
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|
||||||
License may be interpreted as a contract, You are granted the Licensed Rights
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|
||||||
in consideration of Your acceptance of these terms and conditions, and the
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|
||||||
Licensor grants You such rights in consideration of benefits the Licensor
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|
||||||
receives from making the Licensed Material available under these terms and
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conditions.
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|
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|
||||||
Section 1 – Definitions.
|
Section 1 – Definitions.
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||||||
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|
||||||
a. Adapted Material means material subject to Copyright and Similar Rights
|
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 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 where the Licensed Material is synched in timed relation with a moving image.
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||||||
that is derived from or based upon the Licensed Material and in which the
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|
||||||
Licensed Material is translated, altered, arranged, transformed, or otherwise
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|
||||||
modified in a manner requiring permission under the Copyright and Similar
|
|
||||||
Rights held by the Licensor. For purposes of this Public License, where the
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|
||||||
Licensed Material is a musical work, performance, or sound recording, Adapted
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|
||||||
Material is always produced where the Licensed Material is synched in timed
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|
||||||
relation with a moving image.
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|
||||||
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|
||||||
b. Adapter's License means the license You apply to Your Copyright and Similar
|
b. Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License.
|
||||||
Rights in Your contributions to Adapted Material in accordance with the terms
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|
||||||
and conditions of this Public License.
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|
||||||
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|
||||||
c. Copyright and Similar Rights means copyright and/or similar rights closely
|
c. 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.
|
||||||
related to copyright including, without limitation, performance, broadcast,
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|
||||||
sound recording, and Sui Generis Database Rights, without regard to how the
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|
||||||
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.
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|
||||||
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|
||||||
d. Effective Technological Measures means those measures that, in the absence
|
d. 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, and/or similar international agreements.
|
||||||
of proper authority, may not be circumvented under laws fulfilling obligations
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|
||||||
under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996,
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|
||||||
and/or similar international agreements.
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|
||||||
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|
||||||
e. Exceptions and Limitations means fair use, fair dealing, and/or any other
|
e. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
|
||||||
exception or limitation to Copyright and Similar Rights that applies to Your
|
|
||||||
use of the Licensed Material.
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|
||||||
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|
||||||
f. Licensed Material means the artistic or literary work, database, or other
|
f. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.
|
||||||
material to which the Licensor applied this Public License.
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|
||||||
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|
||||||
g. Licensed Rights means the rights granted to You subject to the terms and
|
g. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
|
||||||
conditions of this Public License, which are limited to all Copyright and
|
|
||||||
Similar Rights that apply to Your use of the Licensed Material and that the
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|
||||||
Licensor has authority to license.
|
|
||||||
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|
||||||
h. Licensor means the individual(s) or entity(ies) granting rights under this
|
h. Licensor means the individual(s) or entity(ies) granting rights under this Public License.
|
||||||
Public License.
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|
||||||
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|
||||||
i. NonCommercial means not primarily intended for or directed towards commercial
|
i. 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.
|
||||||
advantage or monetary compensation. For purposes of this Public License, the
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|
||||||
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
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|
||||||
exchange.
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|
||||||
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|
||||||
j. Share means to provide material to the public by any means or process that
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j. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, 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.
|
||||||
requires permission under the Licensed Rights, such as reproduction, public
|
|
||||||
display, public performance, distribution, dissemination, communication, or
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|
||||||
importation, and to make material available to the public including in ways
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|
||||||
that members of the public may access the material from a place and at a time
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|
||||||
individually chosen by them.
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|
||||||
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|
||||||
k. Sui Generis Database Rights means rights other than copyright resulting
|
k. 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.
|
||||||
from Directive 96/9/EC of the European Parliament and of the Council of 11
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|
||||||
March 1996 on the legal protection of databases, as amended and/or succeeded,
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|
||||||
as well as other essentially equivalent rights anywhere in the world.
|
|
||||||
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|
||||||
l. You means the individual or entity exercising the Licensed Rights under
|
l. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.
|
||||||
this Public License. Your has a corresponding meaning.
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|
||||||
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|
||||||
Section 2 – Scope.
|
Section 2 – Scope.
|
||||||
|
|
||||||
a. License grant.
|
a. License grant.
|
||||||
|
|
||||||
1. Subject to the terms and conditions of this Public License, the Licensor
|
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:
|
||||||
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, in whole or in part, for NonCommercial
|
A. reproduce and Share the Licensed Material, in whole or in part, for NonCommercial purposes only; and
|
||||||
purposes only; and
|
|
||||||
|
|
||||||
B. produce, reproduce, and Share Adapted Material for NonCommercial purposes
|
B. produce, reproduce, and Share Adapted Material for NonCommercial purposes only.
|
||||||
only.
|
|
||||||
|
|
||||||
2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions
|
2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
|
||||||
and Limitations apply to Your use, this Public License does not apply, 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).
|
3. Term. The term of this Public License is specified in Section 6(a).
|
||||||
|
|
||||||
4. Media and formats; technical modifications allowed. The Licensor authorizes
|
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.
|
||||||
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.
|
5. Downstream recipients.
|
||||||
|
|
||||||
A. Offer from the Licensor – Licensed Material. Every recipient of the Licensed
|
A. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.
|
||||||
Material automatically receives an offer from the Licensor to exercise the
|
|
||||||
Licensed Rights under the terms and conditions of this Public License.
|
|
||||||
|
|
||||||
B. No downstream restrictions. You may not offer or impose any additional
|
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 if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
|
||||||
or different terms or conditions on, or apply any Effective Technological
|
|
||||||
Measures to, the Licensed Material if doing so restricts exercise of the Licensed
|
|
||||||
Rights by any recipient of the Licensed Material.
|
|
||||||
|
|
||||||
6. No endorsement. Nothing in this Public License constitutes or may be construed
|
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).
|
||||||
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.
|
b. Other rights.
|
||||||
|
|
||||||
1. Moral rights, such as the right of integrity, are not licensed under this
|
1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or 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.
|
||||||
Public License, nor are publicity, privacy, and/or 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.
|
2. Patent and trademark rights are not licensed under this Public License.
|
||||||
|
|
||||||
3. To the extent possible, the Licensor waives any right to collect royalties
|
3. To the extent possible, the Licensor waives any 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 any right to collect such royalties, including when the Licensed Material is used other than for NonCommercial purposes.
|
||||||
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 any right
|
|
||||||
to collect such royalties, including when the Licensed Material is used other
|
|
||||||
than for NonCommercial purposes.
|
|
||||||
|
|
||||||
Section 3 – License Conditions.
|
Section 3 – License Conditions.
|
||||||
|
|
||||||
Your exercise of the Licensed Rights is expressly made subject to the following
|
Your exercise of the Licensed Rights is expressly made subject to the following conditions.
|
||||||
conditions.
|
|
||||||
|
|
||||||
a. Attribution.
|
a. Attribution.
|
||||||
|
|
||||||
1. If You Share the Licensed Material (including in modified form), You must:
|
1. If You Share the Licensed Material (including in modified form), You must:
|
||||||
|
|
||||||
A. retain the following if it is supplied by the Licensor with the Licensed
|
A. retain the following if it is supplied by the Licensor with the Licensed Material:
|
||||||
Material:
|
|
||||||
|
|
||||||
i. identification of the creator(s) of the Licensed Material and any others
|
i. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
|
||||||
designated to receive attribution, in any reasonable manner requested by the
|
|
||||||
Licensor (including by pseudonym if designated);
|
|
||||||
|
|
||||||
ii. a copyright notice;
|
ii. a copyright notice;
|
||||||
|
|
||||||
|
@ -201,133 +90,69 @@ Licensor (including by pseudonym if designated);
|
||||||
|
|
||||||
iv. a notice that refers to the disclaimer of warranties;
|
iv. a notice that refers to the disclaimer of warranties;
|
||||||
|
|
||||||
v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
|
v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
|
||||||
|
|
||||||
B. indicate if You modified the Licensed Material and retain an indication
|
B. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
|
||||||
of any previous modifications; and
|
|
||||||
|
|
||||||
C. indicate the Licensed Material is licensed under this Public License, 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.
|
||||||
include the text of, or the URI or hyperlink to, this Public License.
|
|
||||||
|
|
||||||
2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner
|
2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
|
||||||
based on the medium, means, and context in which You Share the Licensed Material.
|
|
||||||
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
|
3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
|
||||||
by Section 3(a)(1)(A) to the extent reasonably practicable.
|
|
||||||
|
|
||||||
4. If You Share Adapted Material You produce, the Adapter's License You apply
|
4. If You Share Adapted Material You produce, the Adapter's License You apply must not prevent recipients of the Adapted Material from complying with this Public License.
|
||||||
must not prevent recipients of the Adapted Material from complying with this
|
|
||||||
Public License.
|
|
||||||
|
|
||||||
Section 4 – Sui Generis Database Rights.
|
Section 4 – Sui Generis Database Rights.
|
||||||
|
|
||||||
Where the Licensed Rights include Sui Generis Database Rights that apply to
|
Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:
|
||||||
Your use of the Licensed Material:
|
|
||||||
|
|
||||||
a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract,
|
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;
|
||||||
reuse, reproduce, and Share all or a substantial portion of the contents of
|
|
||||||
the database for NonCommercial purposes only;
|
|
||||||
|
|
||||||
b. if You include all or a substantial portion of the database contents in
|
b. 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; and
|
||||||
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; and
|
|
||||||
|
|
||||||
c. You must comply with the conditions in Section 3(a) if You Share all or
|
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.
|
||||||
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.
|
||||||
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.
|
Section 5 – Disclaimer of Warranties and Limitation of Liability.
|
||||||
|
|
||||||
a. Unless otherwise separately undertaken by the Licensor, to the extent possible,
|
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, whether express, implied, statutory, or other. 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.
|
||||||
the Licensor offers the Licensed Material as-is and as-available, and makes
|
|
||||||
no representations or warranties of any kind concerning the Licensed Material,
|
|
||||||
whether express, implied, statutory, or other. 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
|
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, 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.
|
||||||
on any legal theory (including, without limitation, negligence) or otherwise
|
|
||||||
for any direct, special, indirect, incidental, consequential, punitive, 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 liability provided above
|
c. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
|
||||||
shall be interpreted in a manner that, to the extent possible, most closely
|
|
||||||
approximates an absolute disclaimer and waiver of all liability.
|
|
||||||
|
|
||||||
Section 6 – Term and Termination.
|
Section 6 – Term and Termination.
|
||||||
|
|
||||||
a. This Public License applies for the term of the Copyright and Similar Rights
|
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.
|
||||||
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
|
b. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:
|
||||||
6(a), it reinstates:
|
|
||||||
|
|
||||||
1. automatically as of the date the violation is cured, provided it is cured
|
1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
|
||||||
within 30 days of Your discovery of the violation; or
|
|
||||||
|
|
||||||
2. upon express reinstatement by the Licensor.
|
2. upon express reinstatement by the Licensor.
|
||||||
|
|
||||||
For the avoidance of doubt, this Section 6(b) does not affect any right the
|
For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.
|
||||||
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
|
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.
|
||||||
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.
|
d. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.
|
||||||
|
|
||||||
Section 7 – Other Terms and Conditions.
|
Section 7 – Other Terms and Conditions.
|
||||||
|
|
||||||
a. The Licensor shall not be bound by any additional or different terms or
|
a. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
|
||||||
conditions communicated by You unless expressly agreed.
|
|
||||||
|
|
||||||
b. Any arrangements, understandings, or agreements regarding the Licensed
|
b. 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.
|
||||||
Material not stated herein are separate from and independent of the terms
|
|
||||||
and conditions of this Public License.
|
|
||||||
|
|
||||||
Section 8 – Interpretation.
|
Section 8 – Interpretation.
|
||||||
|
|
||||||
a. For the avoidance of doubt, this Public License does not, and shall not
|
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 could lawfully be made without permission under this Public License.
|
||||||
be interpreted to, reduce, limit, restrict, or impose conditions on any use
|
|
||||||
of the Licensed Material that could lawfully be made without permission under
|
|
||||||
this Public License.
|
|
||||||
|
|
||||||
b. To the extent possible, if any provision of this Public License is deemed
|
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.
|
||||||
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
|
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.
|
||||||
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
|
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.
|
||||||
upon, or waiver of, any privileges and immunities that apply to the Licensor
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|
||||||
or You, including from the legal processes of any jurisdiction or authority.
|
|
||||||
|
|
||||||
Creative Commons is not a party to its public licenses. Notwithstanding, Creative
|
Creative Commons is not a 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 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.
|
||||||
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
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|
||||||
license or as otherwise permitted by the Creative Commons policies published
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|
||||||
at creativecommons.org/policies, Creative Commons does not authorize the use
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|
||||||
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
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|
||||||
licensed material. For the avoidance of doubt, this paragraph does not form
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|
||||||
part of the public licenses.
|
|
||||||
|
|
||||||
Creative Commons may be contacted at creativecommons.org.
|
Creative Commons may be contacted at creativecommons.org.
|
||||||
|
|
|
@ -1,192 +1,75 @@
|
||||||
Creative Commons Attribution-NoDerivs-NonCommercial 1.0
|
Creative Commons Attribution-NoDerivs-NonCommercial 1.0
|
||||||
|
|
||||||
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
|
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS DRAFT LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
|
||||||
SERVICES. DISTRIBUTION OF THIS DRAFT LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT
|
|
||||||
RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS.
|
|
||||||
CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND
|
|
||||||
DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
|
|
||||||
|
|
||||||
License
|
License
|
||||||
|
|
||||||
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS
|
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE IS PROHIBITED.
|
||||||
PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR
|
|
||||||
OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS
|
|
||||||
LICENSE IS PROHIBITED.
|
|
||||||
|
|
||||||
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO
|
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
|
||||||
BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS
|
|
||||||
CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
|
|
||||||
|
|
||||||
1. Definitions
|
1. Definitions
|
||||||
|
|
||||||
a. "Collective Work" means a work, such as a periodical issue, anthology or
|
a. "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.
|
||||||
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.
|
|
||||||
|
|
||||||
b. "Derivative Work" means a work based upon the Work or upon the Work and
|
b. "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.
|
||||||
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.
|
|
||||||
|
|
||||||
c. "Licensor" means the individual or entity that offers the Work under the
|
c. "Licensor" means the individual or entity that offers the Work under the terms of this License.
|
||||||
terms of this License.
|
|
||||||
|
|
||||||
d. "Original Author" means the individual or entity who created the Work.
|
d. "Original Author" means the individual or entity who created the Work.
|
||||||
|
|
||||||
e. "Work" means the copyrightable work of authorship offered under the terms
|
e. "Work" means the copyrightable work of authorship offered under the terms of this License.
|
||||||
of this License.
|
|
||||||
|
|
||||||
f. "You" means an individual or entity exercising rights under this License
|
f. "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.
|
||||||
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.
|
|
||||||
|
|
||||||
2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
|
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.
|
||||||
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
|
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:
|
||||||
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:
|
|
||||||
|
|
||||||
a. to reproduce the Work, to incorporate the Work into one or more Collective
|
a. 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;
|
||||||
Works, and to reproduce the Work as incorporated in the Collective Works;
|
|
||||||
|
|
||||||
b. to distribute copies or phonorecords of, display publicly, perform publicly,
|
b. 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;
|
||||||
and perform publicly by means of a digital audio transmission the Work including
|
|
||||||
as incorporated in Collective Works;
|
|
||||||
|
|
||||||
The above rights may be exercised in all media and formats whether now known
|
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.
|
||||||
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.
|
|
||||||
|
|
||||||
4. Restrictions. The license granted in Section 3 above is expressly made
|
4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
|
||||||
subject to and limited by the following restrictions:
|
|
||||||
|
|
||||||
a. You may distribute, publicly display, publicly perform, or publicly digitally
|
a. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this 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 Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. 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 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 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 reference to such Licensor or the Original Author, as requested.
|
||||||
perform the Work only under the terms of this 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 Work that alter or restrict the terms of this License or the recipients'
|
|
||||||
exercise of the rights granted hereunder. You may not sublicense the Work.
|
|
||||||
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 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 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 reference to such Licensor or the Original
|
|
||||||
Author, as requested.
|
|
||||||
|
|
||||||
b. You may not exercise any of the rights granted to You in Section 3 above
|
b. 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 of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
|
||||||
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 of digital file-sharing or otherwise shall not
|
|
||||||
be considered to be intended for or directed toward commercial advantage or
|
|
||||||
private monetary compensation, provided there is no payment of any monetary
|
|
||||||
compensation in connection with the exchange of copyrighted works.
|
|
||||||
|
|
||||||
c. If you distribute, publicly display, publicly perform, or publicly digitally
|
c. If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Collective Works, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Work if supplied. Such credit may be implemented in any reasonable manner; provided, however, that in the case of a 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.
|
||||||
perform the Work or any Collective Works, You must keep intact all copyright
|
|
||||||
notices for the Work and give the Original Author credit reasonable to the
|
|
||||||
medium or means You are utilizing by conveying the name (or pseudonym if applicable)
|
|
||||||
of the Original Author if supplied; the title of the Work if supplied. Such
|
|
||||||
credit may be implemented in any reasonable manner; provided, however, that
|
|
||||||
in the case of a 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. Representations, Warranties and Disclaimer
|
5. Representations, Warranties and Disclaimer
|
||||||
|
|
||||||
a. By offering the Work for public release under this License, Licensor represents
|
a. By offering the Work for public release under this License, Licensor represents and warrants that, to the best of Licensor's knowledge after reasonable inquiry:
|
||||||
and warrants that, to the best of Licensor's knowledge after reasonable inquiry:
|
|
||||||
|
|
||||||
i. Licensor has secured all rights in the Work necessary to grant the license
|
i. Licensor has secured all rights in the Work necessary to grant the license rights hereunder and to permit the lawful exercise of the rights granted hereunder without You having any obligation to pay any royalties, compulsory license fees, residuals or any other payments;
|
||||||
rights hereunder and to permit the lawful exercise of the rights granted hereunder
|
|
||||||
without You having any obligation to pay any royalties, compulsory license
|
|
||||||
fees, residuals or any other payments;
|
|
||||||
|
|
||||||
ii. The Work does not infringe the copyright, trademark, publicity rights,
|
ii. The Work does not infringe the copyright, trademark, publicity rights, common law rights or any other right of any third party or constitute defamation, invasion of privacy or other tortious injury to any third party.
|
||||||
common law rights or any other right of any third party or constitute defamation,
|
|
||||||
invasion of privacy or other tortious injury to any third party.
|
|
||||||
|
|
||||||
b. EXCEPT AS EXPRESSLY STATED IN THIS LICENSE OR OTHERWISE AGREED IN WRITING
|
b. EXCEPT AS EXPRESSLY STATED IN THIS LICENSE OR OTHERWISE AGREED IN WRITING OR REQUIRED BY APPLICABLE LAW, THE WORK IS LICENSED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE CONTENTS OR ACCURACY OF THE WORK.
|
||||||
OR REQUIRED BY APPLICABLE LAW, THE WORK IS LICENSED ON AN "AS IS" BASIS, WITHOUT
|
|
||||||
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
|
|
||||||
ANY WARRANTIES REGARDING THE CONTENTS OR ACCURACY OF THE WORK.
|
|
||||||
|
|
||||||
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW,
|
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, AND EXCEPT FOR DAMAGES ARISING FROM LIABILITY TO A THIRD PARTY RESULTING FROM BREACH OF THE WARRANTIES IN SECTION 5, 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.
|
||||||
AND EXCEPT FOR DAMAGES ARISING FROM LIABILITY TO A THIRD PARTY RESULTING FROM
|
|
||||||
BREACH OF THE WARRANTIES IN SECTION 5, 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
|
7. Termination
|
||||||
|
|
||||||
a. This License and the rights granted hereunder will terminate automatically
|
a. 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 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.
|
||||||
upon any breach by You of the terms of this License. Individuals or entities
|
|
||||||
who have received 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.
|
|
||||||
|
|
||||||
b. Subject to the above terms and conditions, the license granted here is
|
b. 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.
|
||||||
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
|
8. Miscellaneous
|
||||||
|
|
||||||
a. Each time You distribute or publicly digitally perform the Work or a Collective
|
a. 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.
|
||||||
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.
|
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b. If any provision of this License is invalid or unenforceable under applicable
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b. 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.
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law, it shall not affect the validity or enforceability of the remainder of
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the terms of this License, and without further action by the parties to this
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agreement, such provision shall be reformed to the minimum extent necessary
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to make such provision valid and enforceable.
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c. No term or provision of this License shall be deemed waived and no breach
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by the party to be charged with such waiver or consent.
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d. This License constitutes the entire agreement between the parties with
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Creative Commons is not a party to this License, and makes no warranty whatsoever
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Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.
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Except for the limited purpose of indicating to the public that the Work is
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Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.
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licensed under the CCPL, neither party will use the trademark "Creative Commons"
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or any related trademark or logo of Creative Commons without the prior written
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consent of Creative Commons. Any permitted use will be in compliance with
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on its website or otherwise made available upon request from time to time.
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Creative Commons may be contacted at http://creativecommons.org/.
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Creative Commons may be contacted at http://creativecommons.org/.
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@ -1,216 +1,77 @@
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Creative Commons Attribution-NonCommercial-NoDerivs 2.0
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Creative Commons Attribution-NonCommercial-NoDerivs 2.0
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
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License
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
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CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
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1. Definitions
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1. Definitions
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a. "Collective Work" means a work, such as a periodical issue, anthology or
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a. "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.
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encyclopedia, in which the Work in its entirety in unmodified form, along
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with a number of other contributions, constituting separate and independent
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works in themselves, are assembled into a collective whole. A work that constitutes
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a Collective Work will not be considered a Derivative Work (as defined below)
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for the purposes of this License.
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b. "Derivative Work" means a work based upon the Work or upon the Work and
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b. "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.
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||||||
other pre-existing works, such as a translation, musical arrangement, dramatization,
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fictionalization, motion picture version, sound recording, art reproduction,
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abridgment, condensation, or any other form in which the Work may be recast,
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transformed, or adapted, except that a work that constitutes a Collective
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Work will not be considered a Derivative Work for the purpose of this License.
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For the avoidance of doubt, where the Work is a musical composition or sound
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recording, the synchronization of the Work in timed-relation with a moving
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image ("synching") will be considered a Derivative Work for the purpose of
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this License.
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c. "Licensor" means the individual or entity that offers the Work under the
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c. "Licensor" means the individual or entity that offers the Work under the terms of this License.
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terms of this License.
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d. "Original Author" means the individual or entity who created the Work.
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d. "Original Author" means the individual or entity who created the Work.
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||||||
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|
||||||
e. "Work" means the copyrightable work of authorship offered under the terms
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e. "Work" means the copyrightable work of authorship offered under the terms of this License.
|
||||||
of this License.
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|
||||||
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|
||||||
f. "You" means an individual or entity exercising rights under this License
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f. "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.
|
||||||
who has not previously violated the terms of this License with respect to
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the Work, or who has received express permission from the Licensor to exercise
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|
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rights under this License despite a previous violation.
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|
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2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
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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.
|
||||||
or restrict any rights arising from fair use, first sale or other limitations
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|
||||||
on the exclusive rights of the copyright owner under copyright law or other
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|
||||||
applicable laws.
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|
||||||
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|
||||||
3. License Grant. Subject to the terms and conditions of this License, Licensor
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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:
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||||||
hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for
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the duration of the applicable copyright) license to exercise the rights in
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the Work as stated below:
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|
||||||
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|
||||||
a. to reproduce the Work, to incorporate the Work into one or more Collective
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a. 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;
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Works, and to reproduce the Work as incorporated in the Collective Works;
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b. to distribute copies or phonorecords of, display publicly, perform publicly,
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b. 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;
|
||||||
and perform publicly by means of a digital audio transmission the Work including
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|
||||||
as incorporated in Collective Works;
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|
||||||
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|
||||||
The above rights may be exercised in all media and formats whether now known
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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, but otherwise you have no rights to make Derivative Works. All rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth in Sections 4(d) and 4(e).
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||||||
or hereafter devised. The above rights include the right to make such modifications
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|
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as are technically necessary to exercise the rights in other media and formats,
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|
||||||
but otherwise you have no rights to make Derivative Works. All rights not
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|
||||||
expressly granted by Licensor are hereby reserved, including but not limited
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|
||||||
to the rights set forth in Sections 4(d) and 4(e).
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|
||||||
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|
||||||
4. Restrictions.The license granted in Section 3 above is expressly made subject
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4. Restrictions.The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
|
||||||
to and limited by the following restrictions:
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|
||||||
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|
||||||
a. You may distribute, publicly display, publicly perform, or publicly digitally
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a. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this 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 Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. 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 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 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 reference to such Licensor or the Original Author, as requested.
|
||||||
perform the Work only under the terms of this License, and You must include
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|
||||||
a copy of, or the Uniform Resource Identifier for, this License with every
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|
||||||
copy or phonorecord of the Work You distribute, publicly display, publicly
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||||||
perform, or publicly digitally perform. You may not offer or impose any terms
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|
||||||
on the Work that alter or restrict the terms of this License or the recipients'
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|
||||||
exercise of the rights granted hereunder. You may not sublicense the Work.
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|
||||||
You must keep intact all notices that refer to this License and to the disclaimer
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|
||||||
of warranties. You may not distribute, publicly display, publicly perform,
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|
||||||
or publicly digitally perform the Work with any technological measures that
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|
||||||
control access or use of the Work in a manner inconsistent with the terms
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|
||||||
of this License Agreement. The above applies to the Work as incorporated in
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|
||||||
a Collective Work, but this does not require the Collective Work apart from
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|
||||||
the Work itself to be made subject to the terms of this License. If You create
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|
||||||
a Collective Work, upon notice from any Licensor You must, to the extent practicable,
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|
||||||
remove from the Collective Work any reference to such Licensor or the Original
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|
||||||
Author, as requested.
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|
||||||
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|
||||||
b. You may not exercise any of the rights granted to You in Section 3 above
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b. 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 of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
|
||||||
in any manner that is primarily intended for or directed toward commercial
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|
||||||
advantage or private monetary compensation. The exchange of the Work for other
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|
||||||
copyrighted works by means of digital file-sharing or otherwise shall not
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|
||||||
be considered to be intended for or directed toward commercial advantage or
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|
||||||
private monetary compensation, provided there is no payment of any monetary
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|
||||||
compensation in connection with the exchange of copyrighted works.
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|
||||||
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|
||||||
c. If you distribute, publicly display, publicly perform, or publicly digitally
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c. If you distribute, publicly display, publicly perform, or publicly digitally perform the Work, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Work if supplied; and to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work. Such credit may be implemented in any reasonable manner; provided, however, that in the case of a 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.
|
||||||
perform the Work, You must keep intact all copyright notices for the Work
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|
||||||
and give the Original Author credit reasonable to the medium or means You
|
|
||||||
are utilizing by conveying the name (or pseudonym if applicable) of the Original
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|
||||||
Author if supplied; the title of the Work if supplied; and to the extent reasonably
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|
||||||
practicable, the Uniform Resource Identifier, if any, that Licensor specifies
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|
||||||
to be associated with the Work, unless such URI does not refer to the copyright
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|
||||||
notice or licensing information for the Work. Such credit may be implemented
|
|
||||||
in any reasonable manner; provided, however, that in the case of a Collective
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|
||||||
Work, at a minimum such credit will appear where any other comparable authorship
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|
||||||
credit appears and in a manner at least as prominent as such other comparable
|
|
||||||
authorship credit.
|
|
||||||
|
|
||||||
d. For the avoidance of doubt, where the Work is a musical composition:
|
d. For the avoidance of doubt, where the Work is a musical composition:
|
||||||
|
|
||||||
i. Performancf Royalties Under Blanket Licenses. Licensor reserves the exclusive
|
i. Performancf 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.
|
||||||
right to collect, whether individually or via a performance rights society
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|
||||||
(e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital
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|
||||||
performance (e.g. webcast) of the Work if that performance is primarily intended
|
|
||||||
for or directed toward commercial advantage or private monetary compensation.
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|
||||||
|
|
||||||
ii. Mechanical Rights and Statutory Royalties. Licensor reserves the exclusive
|
ii. 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.
|
||||||
right to collect, whether individually or via a music rights agency or designated
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|
||||||
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.
|
|
||||||
|
|
||||||
e. Webcasting Rights and Statutory Royalties. For the avoidance of doubt,
|
e. 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.
|
||||||
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
|
5. Representations, Warranties and Disclaimer
|
||||||
|
|
||||||
UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES IN WRITING, LICENSOR OFFERS
|
UNLESS OTHERWISE MUTUALLY AGREED 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.
|
||||||
THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING
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|
||||||
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,
|
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.
|
||||||
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
|
7. Termination
|
||||||
|
|
||||||
a. This License and the rights granted hereunder will terminate automatically
|
a. 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 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.
|
||||||
upon any breach by You of the terms of this License. Individuals or entities
|
|
||||||
who have received 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.
|
|
||||||
|
|
||||||
b. Subject to the above terms and conditions, the license granted here is
|
b. 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.
|
||||||
perpetual (for the duration of the applicable copyright in the Work). Notwithstanding
|
|
||||||
the above, Licensor reserves the right to release the Work under different
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|
||||||
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
|
8. Miscellaneous
|
||||||
|
|
||||||
a. Each time You distribute or publicly digitally perform the Work or a Collective
|
a. 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.
|
||||||
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.
|
|
||||||
|
|
||||||
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a. "Adaptation" means a work based upon the Work, or upon the Work and other
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a. "Adaptation" means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work that constitutes a Collection will not be considered an Adaptation for the purpose of this License. For the avoidance of doubt, where the Work is a musical work, performance or phonogram, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered an Adaptation for the purpose of this License.
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or performance and includes cinematographic adaptations or any other form
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in which the Work may be recast, transformed, or adapted including in any
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b. "Collection" means a collection of literary or artistic works, such as
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intellectual creations, in which the Work is included in its entirety in unmodified
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case of a phonogram the producer being the person or legal entity who first
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fixes the sounds of a performance or other sounds; and, (iii) in the case
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of this License including without limitation any production in the literary,
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including digital form, such as a book, pamphlet and other writing; a lecture,
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address, sermon or other work of the same nature; a dramatic or dramatico-musical
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work; a choreographic work or entertainment in dumb show; a musical composition
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with or without words; a cinematographic work to which are assimilated works
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expressed by a process analogous to cinematography; a work of drawing, painting,
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architecture, sculpture, engraving or lithography; a photographic work to
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which are assimilated works expressed by a process analogous to photography;
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a work of applied art; an illustration, map, plan, sketch or three-dimensional
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work relative to geography, topography, architecture or science; a performance;
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a broadcast; a phonogram; a compilation of data to the extent it is protected
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as a copyrightable work; or a work performed by a variety or circus performer
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to the extent it is not otherwise considered a literary or artistic work.
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performance; to broadcast and rebroadcast the Work by any means including
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i. "Reproduce" means to make copies of the Work by any means including without
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i. "Reproduce" means to make copies of the Work by any means including without limitation by sound or visual recordings and the right of fixation and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or other electronic medium.
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fixations of the Work, including storage of a protected performance or phonogram
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in digital form or other electronic medium.
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a. You may Distribute or Publicly Perform 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 every copy of the Work You Distribute or Publicly Perform. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties with every copy of the Work You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work, You may not impose any effective technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License. This Section 4(a) applies to the Work as incorporated in a Collection, but this does not require the Collection apart from the Work itself to be made subject to the terms of this License. If You create a Collection, upon notice from any Licensor You must, to the extent practicable, remove from the Collection any credit as required by Section 4(c), as requested.
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the rights granted to that recipient under the terms of the License. This
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Section 4(a) applies to the Work as incorporated in a Collection, but this
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to the terms of this License. If You create a Collection, upon notice from
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any Licensor You must, to the extent practicable, remove from the Collection
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any credit as required by Section 4(c), as requested.
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c. If You Distribute, or Publicly Perform the Work or Collections, You must,
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c. If You Distribute, or Publicly Perform the Work or Collections, You must, unless a request has been made pursuant to Section 4(a), keep intact all copyright notices 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 or parties (e.g., a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; (ii) the title of the Work if supplied; (iii) to the extent reasonably practicable, the URI, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work. The credit required by this Section 4(c) may be implemented in any reasonable manner; provided, however, that in the case of a Collection, at a minimum such credit will appear, if a credit for all contributing authors of Collection appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors. For the avoidance of doubt, You may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.
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unless a request has been made pursuant to Section 4(a), keep intact all copyright
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notices for the Work and provide, reasonable to the medium or means You are
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utilizing: (i) the name of the Original Author (or pseudonym, if applicable)
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if supplied, and/or if the Original Author and/or Licensor designate another
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party or parties (e.g., a sponsor institute, publishing entity, journal) for
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attribution ("Attribution Parties") in Licensor's copyright notice, terms
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of service or by other reasonable means, the name of such party or parties;
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(ii) the title of the Work if supplied; (iii) to the extent reasonably practicable,
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the URI, if any, that Licensor specifies to be associated with the Work, unless
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the Work. The credit required by this Section 4(c) may be implemented in any
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reasonable manner; provided, however, that in the case of a Collection, at
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a minimum such credit will appear, if a credit for all contributing authors
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of Collection appears, then as part of these credits and in a manner at least
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as prominent as the credits for the other contributing authors. For the avoidance
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of doubt, You may only use the credit required by this Section for the purpose
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and/or Attribution Parties, as appropriate, of You or Your use of the Work,
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without the separate, express prior written permission of the Original Author,
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Licensor and/or Attribution Parties.
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the right to collect royalties through any statutory or compulsory licensing
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such royalties for any exercise by You of the rights granted under this License;
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as permitted under Section 4(b) and otherwise waives the right to collect
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e. Except as otherwise agreed in writing by the Licensor or as may be otherwise
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permitted by applicable law, if You Reproduce, Distribute or Publicly Perform
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the Work either by itself or as part of any Collections, You must not distort,
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mutilate, modify or take other derogatory action in relation to the Work which
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would be prejudicial to the Original Author's honor or reputation.
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UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES IN WRITING, LICENSOR OFFERS
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UNLESS OTHERWISE MUTUALLY AGREED 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.
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OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE
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EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
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a. This License and the rights granted hereunder will terminate automatically
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a. 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 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 survive any termination of this License.
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a. Each time You Distribute or Publicly Perform the Work or a Collection,
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a. Each time You Distribute or Publicly Perform the Work or a Collection, 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.
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the terms of this License, and without further action by the parties to this
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d. This License constitutes the entire agreement between the parties with
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d. 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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e. The rights granted under, and the subject matter referenced, in this License
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e. The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to 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 includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not intended to restrict the license of any rights under applicable law.
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||||||
were drafted utilizing the terminology of the Berne Convention for the Protection
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of Literary and Artistic Works (as amended on September 28, 1979), the Rome
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|
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Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances
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|
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and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised
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|
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on July 24, 1971). These rights and subject matter take effect in the relevant
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jurisdiction in which the License terms are sought to be enforced according
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to the corresponding provisions of the implementation of those treaty provisions
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in the applicable national law. If the standard suite of rights granted under
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applicable copyright law includes additional rights not granted under this
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License, such additional rights are deemed to be included in the License;
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this License is not intended to restrict the license of any rights under applicable
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law.
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Creative Commons is not a party to this License, and makes no warranty whatsoever
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@ -1,299 +1,99 @@
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||||||
Attribution-NonCommercial-NoDerivs 3.0 IGO
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Attribution-NonCommercial-NoDerivs 3.0 IGO
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
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BELOW.
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License
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License
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("LICENSE"). THE LICENSOR (DEFINED BELOW) HOLDS COPYRIGHT AND OTHER RIGHTS IN THE WORK. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE IS PROHIBITED.
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BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS
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1. Definitions
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1. Definitions
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|
||||||
a. "IGO" means, solely and exclusively for purposes of this License, an organization
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a. "IGO" means, solely and exclusively for purposes of this License, an organization established by a treaty or other instrument governed by international law and possessing its own international legal personality. Other organizations established to carry out activities across national borders and that accordingly enjoy immunity from legal process are also IGOs for the sole and exclusive purposes of this License. IGOs may include as members, in addition to states, other entities.
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||||||
established by a treaty or other instrument governed by international law
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||||||
and possessing its own international legal personality. Other organizations
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|
||||||
established to carry out activities across national borders and that accordingly
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enjoy immunity from legal process are also IGOs for the sole and exclusive
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purposes of this License. IGOs may include as members, in addition to states,
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|
||||||
other entities.
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|
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b. "Work" means the literary and/or artistic work eligible for copyright protection,
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b. "Work" means the literary and/or artistic work eligible for copyright protection, whatever may be the mode or form of its expression including digital form, and offered under the terms of this License. It is understood that a database, which by reason of the selection and arrangement of its contents constitutes an intellectual creation, is considered a Work.
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whatever may be the mode or form of its expression including digital form,
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and offered under the terms of this License. It is understood that a database,
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which by reason of the selection and arrangement of its contents constitutes
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an intellectual creation, is considered a Work.
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c. "Licensor" means the individual, individuals, entity or entities that offer(s)
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c. "Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this License and may be, but is not necessarily, an IGO.
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the Work under the terms of this License and may be, but is not necessarily,
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an IGO.
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d. "You" means an individual or entity exercising rights under this License.
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d. "You" means an individual or entity exercising rights under this License.
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e. "Reproduce" means to make a copy of the Work in any manner or form, and
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e. "Reproduce" means to make a copy of the Work in any manner or form, and by any means.
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by any means.
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f. "Distribute" means the activity of making publicly available the Work (or
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f. "Distribute" means the activity of making publicly available the Work (or copies of the Work), as applicable, by sale, rental, public lending or any other known form of transfer of ownership or possession of the Work or copy of the Work.
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copies of the Work), as applicable, by sale, rental, public lending or any
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other known form of transfer of ownership or possession of the Work or copy
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of the Work.
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g. "Publicly Perform" means to perform public recitations of the Work and
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g. "Publicly Perform" means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performances; to make available to the public Works in such a way that 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 means or process and the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any means including signs, sounds or images.
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to communicate to the public those public recitations, by any means or process,
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including by wire or wireless means or public digital performances; to make
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available to the public Works in such a way that members of the public may
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access these Works from a place and at a place individually chosen by them;
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to perform the Work to the public by any means or process and the communication
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to the public of the performances of the Work, including by public digital
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performance; to broadcast and rebroadcast the Work by any means including
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signs, sounds or images.
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h. "Adaptation" means a work derived from or based upon the Work, or upon
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h. "Adaptation" means a work derived from or based upon the Work, or upon the Work and other pre-existing works. Adaptations may include works such as translations, derivative works, or any alterations and arrangements of any kind involving the Work. For purposes of this License, where the Work is a musical work, performance, or phonogram, the synchronization of the Work in timed-relation with a moving image is an Adaptation. For the avoidance of doubt, including the Work in a Collection is not an Adaptation.
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the Work and other pre-existing works. Adaptations may include works such
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as translations, derivative works, or any alterations and arrangements of
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any kind involving the Work. For purposes of this License, where the Work
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is a musical work, performance, or phonogram, the synchronization of the Work
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in timed-relation with a moving image is an Adaptation. For the avoidance
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|
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of doubt, including the Work in a Collection is not an Adaptation.
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|
||||||
i. "Collection" means a collection of literary or artistic works or other
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i. "Collection" means a collection of literary or artistic works or other works or subject matter other than works listed in Section 1(b) which by reason of the selection and arrangement of their contents, constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each constituting separate and independent works in themselves, which together are assembled into a collective whole. For the avoidance of doubt, a Collection will not be considered as an Adaptation.
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works or subject matter other than works listed in Section 1(b) which by reason
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of the selection and arrangement of their contents, constitute intellectual
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creations, in which the Work is included in its entirety in unmodified form
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independent works in themselves, which together are assembled into a collective
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whole. For the avoidance of doubt, a Collection will not be considered as
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an Adaptation.
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2. Scope of this License. Nothing in this License is intended to reduce, limit,
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2. Scope of this License. Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright protection.
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or restrict any uses free from copyright protection.
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3. License Grant. Subject to the terms and conditions of this License, the Licensor hereby grants You a worldwide, royalty-free, non-exclusive license to exercise the rights in the Work as follows:
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Perform the Work as incorporated in the Collections.
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This License lasts for the duration of the term of the copyright in the Work
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This License lasts for the duration of the term of the copyright in the Work licensed by the Licensor. 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, but otherwise you have no rights to make Adaptations. All rights not expressly granted by the Licensor are hereby reserved, including but not limited to the rights set forth in Section 4(d).
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licensed by the Licensor. The above rights may be exercised in all media and
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make Adaptations. All rights not expressly granted by the Licensor are hereby
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reserved, including but not limited to the rights set forth in Section 4(d).
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Distribute or Publicly Perform the Work either by itself or as part of any
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action in relation to the Work which would be prejudicial to the honor or
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reputation of the Licensor where moral rights apply.
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5. Representations, Warranties and Disclaimer
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THE LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES
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DEFECTS, ACCURACY, OR THE PRESENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.
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IN NO EVENT WILL THE LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY
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|
||||||
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|
||||||
a. Subject to the terms and conditions set forth in this License, the license
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a. Subject to the terms and conditions set forth in this License, the license granted here lasts for the duration of the term of the copyright in the Work licensed by the Licensor as stated in Section 3. Notwithstanding the above, the 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 below.
|
||||||
granted here lasts for the duration of the term of the copyright in the Work
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||||||
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any such election will not serve to withdraw this License (or any other license
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||||||
and this License will continue in full force and effect unless terminated
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||||||
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|
||||||
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For the avoidance of doubt, this Section 7(b) does not affect any rights the
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||||||
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|
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|
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|
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a. Each time You Distribute or Publicly Perform the Work or a Collection,
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||||||
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|
||||||
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||||||
to the minimum extent necessary to make such provision valid and enforceable.
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||||||
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||||||
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||||||
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||||||
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||||||
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|
||||||
were drafted utilizing the terminology of the Berne Convention for the Protection
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||||||
of Literary and Artistic Works (as amended on September 28, 1979), the Rome
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||||||
Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances
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|
||||||
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|
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on July 24, 1971). Interpretation of the scope of the rights granted by the
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||||||
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||||||
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|
||||||
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|
||||||
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|
||||||
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|
||||||
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||||||
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||||||
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The place of arbitration shall be where the Licensor has its headquarters.
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|
||||||
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|
||||||
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Considerations for licensors: Our public licenses are intended for use by
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Considerations for licensors: Our public licenses are intended for use by those authorized to give the public permission to use material in ways otherwise restricted by copyright and certain other rights. Our licenses are irrevocable. Licensors should read and understand the terms and conditions of the license they choose before applying it. Licensors should also secure all rights necessary before applying our licenses so that the public can reuse the material as expected. Licensors should clearly mark any material not subject to the license. This includes other CC-licensed material, or material used under an exception or limitation to copyright. More considerations for licensors.
|
||||||
those authorized to give the public permission to use material in ways otherwise
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|
||||||
restricted by copyright and certain other rights. Our licenses are irrevocable.
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|
||||||
Licensors should read and understand the terms and conditions of the license
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|
||||||
they choose before applying it. Licensors should also secure all rights necessary
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|
||||||
before applying our licenses so that the public can reuse the material as
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|
||||||
expected. Licensors should clearly mark any material not subject to the license.
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|
||||||
This includes other CC-licensed material, or material used under an exception
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|
||||||
or limitation to copyright. More considerations for licensors.
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|
||||||
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|
||||||
Considerations for the public: By using one of our public licenses, a licensor
|
Considerations for the public: By using one of our public licenses, a licensor grants the public permission to use the licensed material under specified terms and conditions. If the licensor’s permission is not necessary for any reason–for example, because of any applicable exception or limitation to copyright–then that use is not regulated by the license. Our licenses grant only permissions under copyright and certain other rights that a licensor has authority to grant. Use of the licensed material may still be restricted for other reasons, including because others have copyright or other rights in the material. A licensor may make special requests, such as asking that all changes be marked or described. Although not required by our licenses, you are encouraged to respect those requests where reasonable. More considerations for the public.
|
||||||
grants the public permission to use the licensed material under specified
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|
||||||
terms and conditions. If the licensor’s permission is not necessary for any
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|
||||||
reason–for example, because of any applicable exception or limitation to copyright–then
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|
||||||
that use is not regulated by the license. Our licenses grant only permissions
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|
||||||
under copyright and certain other rights that a licensor has authority to
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|
||||||
grant. Use of the licensed material may still be restricted for other reasons,
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|
||||||
including because others have copyright or other rights in the material. A
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|
||||||
licensor may make special requests, such as asking that all changes be marked
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|
||||||
or described. Although not required by our licenses, you are encouraged to
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|
||||||
respect those requests where reasonable. More considerations for the public.
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|
||||||
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|
||||||
Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International
|
Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International Public License
|
||||||
Public License
|
|
||||||
|
|
||||||
By exercising the Licensed Rights (defined below), You accept and agree to
|
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-NoDerivatives 4.0 International Public License ("Public License"). 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 under these terms and conditions.
|
||||||
be bound by the terms and conditions of this Creative Commons Attribution-NonCommercial-NoDerivatives
|
|
||||||
4.0 International Public License ("Public License"). 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 under these terms and
|
|
||||||
conditions.
|
|
||||||
|
|
||||||
Section 1 – Definitions.
|
Section 1 – Definitions.
|
||||||
|
|
||||||
a. Adapted Material means material subject to Copyright and Similar Rights
|
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 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 where the Licensed Material is synched in timed relation with a moving image.
|
||||||
that is derived from or based upon the Licensed Material and in which the
|
|
||||||
Licensed Material is translated, altered, arranged, transformed, or otherwise
|
|
||||||
modified 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 where the Licensed Material is synched in timed
|
|
||||||
relation with a moving image.
|
|
||||||
|
|
||||||
b. Copyright and Similar Rights means copyright and/or similar rights closely
|
b. 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.
|
||||||
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.
|
|
||||||
|
|
||||||
c. Effective Technological Measures means those measures that, in the absence
|
c. 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, and/or similar international agreements.
|
||||||
of proper authority, may not be circumvented under laws fulfilling obligations
|
|
||||||
under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996,
|
|
||||||
and/or similar international agreements.
|
|
||||||
|
|
||||||
d. Exceptions and Limitations means fair use, fair dealing, and/or any other
|
d. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
|
||||||
exception or limitation to Copyright and Similar Rights that applies to Your
|
|
||||||
use of the Licensed Material.
|
|
||||||
|
|
||||||
e. Licensed Material means the artistic or literary work, database, or other
|
e. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.
|
||||||
material to which the Licensor applied this Public License.
|
|
||||||
|
|
||||||
f. Licensed Rights means the rights granted to You subject to the terms and
|
f. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
|
||||||
conditions of this Public License, which are limited to all Copyright and
|
|
||||||
Similar Rights that apply to Your use of the Licensed Material and that the
|
|
||||||
Licensor has authority to license.
|
|
||||||
|
|
||||||
g. Licensor means the individual(s) or entity(ies) granting rights under this
|
g. Licensor means the individual(s) or entity(ies) granting rights under this Public License.
|
||||||
Public License.
|
|
||||||
|
|
||||||
h. NonCommercial means not primarily intended for or directed towards commercial
|
h. 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.
|
||||||
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.
|
|
||||||
|
|
||||||
i. Share means to provide material to the public by any means or process that
|
i. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, 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.
|
||||||
requires permission under the Licensed Rights, such as reproduction, public
|
|
||||||
display, public performance, distribution, dissemination, communication, or
|
|
||||||
importation, 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.
|
|
||||||
|
|
||||||
j. Sui Generis Database Rights means rights other than copyright resulting
|
j. 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.
|
||||||
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.
|
|
||||||
|
|
||||||
k. You means the individual or entity exercising the Licensed Rights under
|
k. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.
|
||||||
this Public License. Your has a corresponding meaning.
|
|
||||||
|
|
||||||
Section 2 – Scope.
|
Section 2 – Scope.
|
||||||
|
|
||||||
a. License grant.
|
a. License grant.
|
||||||
|
|
||||||
1. Subject to the terms and conditions of this Public License, the Licensor
|
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:
|
||||||
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, in whole or in part, for NonCommercial
|
A. reproduce and Share the Licensed Material, in whole or in part, for NonCommercial purposes only; and
|
||||||
purposes only; and
|
|
||||||
|
|
||||||
B. produce and reproduce, but not Share, Adapted Material for NonCommercial
|
B. produce and reproduce, but not Share, Adapted Material for NonCommercial purposes only.
|
||||||
purposes only.
|
|
||||||
|
|
||||||
2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions
|
2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
|
||||||
and Limitations apply to Your use, this Public License does not apply, 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).
|
3. Term. The term of this Public License is specified in Section 6(a).
|
||||||
|
|
||||||
4. Media and formats; technical modifications allowed. The Licensor authorizes
|
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.
|
||||||
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.
|
5. Downstream recipients.
|
||||||
A. Offer from the Licensor – Licensed Material. Every recipient of the Licensed
|
A. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.
|
||||||
Material automatically receives an offer from the Licensor to exercise the
|
|
||||||
Licensed Rights under the terms and conditions of this Public License.
|
|
||||||
|
|
||||||
B. No downstream restrictions. You may not offer or impose any additional
|
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 if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
|
||||||
or different terms or conditions on, or apply any Effective Technological
|
|
||||||
Measures to, the Licensed Material if doing so restricts exercise of the Licensed
|
|
||||||
Rights by any recipient of the Licensed Material.
|
|
||||||
|
|
||||||
6. No endorsement. Nothing in this Public License constitutes or may be construed
|
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).
|
||||||
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.
|
b. Other rights.
|
||||||
|
|
||||||
1. Moral rights, such as the right of integrity, are not licensed under this
|
1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or 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.
|
||||||
Public License, nor are publicity, privacy, and/or 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.
|
2. Patent and trademark rights are not licensed under this Public License.
|
||||||
|
|
||||||
3. To the extent possible, the Licensor waives any right to collect royalties
|
3. To the extent possible, the Licensor waives any 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 any right to collect such royalties, including when the Licensed Material is used other than for NonCommercial purposes.
|
||||||
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 any right
|
|
||||||
to collect such royalties, including when the Licensed Material is used other
|
|
||||||
than for NonCommercial purposes.
|
|
||||||
|
|
||||||
Section 3 – License Conditions.
|
Section 3 – License Conditions.
|
||||||
|
|
||||||
Your exercise of the Licensed Rights is expressly made subject to the following
|
Your exercise of the Licensed Rights is expressly made subject to the following conditions.
|
||||||
conditions.
|
|
||||||
|
|
||||||
a. Attribution.
|
a. Attribution.
|
||||||
|
|
||||||
1. If You Share the Licensed Material, You must:
|
1. If You Share the Licensed Material, You must:
|
||||||
|
|
||||||
A. retain the following if it is supplied by the Licensor with the Licensed
|
A. retain the following if it is supplied by the Licensor with the Licensed Material:
|
||||||
Material:
|
|
||||||
|
|
||||||
i. identification of the creator(s) of the Licensed Material and any others
|
i. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
|
||||||
designated to receive attribution, in any reasonable manner requested by the
|
|
||||||
Licensor (including by pseudonym if designated);
|
|
||||||
|
|
||||||
ii. a copyright notice;
|
ii. a copyright notice;
|
||||||
|
|
||||||
|
@ -197,133 +87,69 @@ Licensor (including by pseudonym if designated);
|
||||||
|
|
||||||
iv. a notice that refers to the disclaimer of warranties;
|
iv. a notice that refers to the disclaimer of warranties;
|
||||||
|
|
||||||
v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
|
v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
|
||||||
|
|
||||||
B. indicate if You modified the Licensed Material and retain an indication
|
B. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
|
||||||
of any previous modifications; and
|
|
||||||
|
|
||||||
C. indicate the Licensed Material is licensed under this Public License, 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.
|
||||||
include the text of, or the URI or hyperlink to, this Public License.
|
|
||||||
|
|
||||||
For the avoidance of doubt, You do not have permission under this Public License
|
For the avoidance of doubt, You do not have permission under this Public License to Share Adapted Material.
|
||||||
to Share Adapted Material.
|
|
||||||
|
|
||||||
2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner
|
2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
|
||||||
based on the medium, means, and context in which You Share the Licensed Material.
|
|
||||||
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
|
3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
|
||||||
by Section 3(a)(1)(A) to the extent reasonably practicable.
|
|
||||||
|
|
||||||
Section 4 – Sui Generis Database Rights.
|
Section 4 – Sui Generis Database Rights.
|
||||||
|
|
||||||
Where the Licensed Rights include Sui Generis Database Rights that apply to
|
Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:
|
||||||
Your use of the Licensed Material:
|
|
||||||
|
|
||||||
a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract,
|
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 and provided You do not Share Adapted Material;
|
||||||
reuse, reproduce, and Share all or a substantial portion of the contents of
|
|
||||||
the database for NonCommercial purposes only and provided You do not Share
|
|
||||||
Adapted Material;
|
|
||||||
|
|
||||||
b. if You include all or a substantial portion of the database contents in
|
b. 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; and
|
||||||
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; and
|
|
||||||
|
|
||||||
c. You must comply with the conditions in Section 3(a) if You Share all or
|
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.
|
||||||
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.
|
||||||
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.
|
Section 5 – Disclaimer of Warranties and Limitation of Liability.
|
||||||
|
|
||||||
a. Unless otherwise separately undertaken by the Licensor, to the extent possible,
|
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, whether express, implied, statutory, or other. 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.
|
||||||
the Licensor offers the Licensed Material as-is and as-available, and makes
|
|
||||||
no representations or warranties of any kind concerning the Licensed Material,
|
|
||||||
whether express, implied, statutory, or other. 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
|
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, 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.
|
||||||
on any legal theory (including, without limitation, negligence) or otherwise
|
|
||||||
for any direct, special, indirect, incidental, consequential, punitive, 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 liability provided above
|
c. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
|
||||||
shall be interpreted in a manner that, to the extent possible, most closely
|
|
||||||
approximates an absolute disclaimer and waiver of all liability.
|
|
||||||
|
|
||||||
Section 6 – Term and Termination.
|
Section 6 – Term and Termination.
|
||||||
|
|
||||||
a. This Public License applies for the term of the Copyright and Similar Rights
|
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.
|
||||||
licensed here. However, if You fail to comply with this Public License, then
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|
||||||
Your rights under this Public License terminate automatically.
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|
||||||
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|
||||||
b. Where Your right to use the Licensed Material has terminated under Section
|
b. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:
|
||||||
6(a), it reinstates:
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|
||||||
|
|
||||||
1. automatically as of the date the violation is cured, provided it is cured
|
1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
|
||||||
within 30 days of Your discovery of the violation; or
|
|
||||||
|
|
||||||
2. upon express reinstatement by the Licensor.
|
2. upon express reinstatement by the Licensor.
|
||||||
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|
||||||
For the avoidance of doubt, this Section 6(b) does not affect any right the
|
For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.
|
||||||
Licensor may have to seek remedies for Your violations of this Public License.
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|
||||||
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|
||||||
c. For the avoidance of doubt, the Licensor may also offer the Licensed Material
|
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.
|
||||||
under separate terms or conditions or stop distributing the Licensed Material
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|
||||||
at any time; however, doing so will not terminate this Public License.
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|
||||||
|
|
||||||
d. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.
|
d. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.
|
||||||
|
|
||||||
Section 7 – Other Terms and Conditions.
|
Section 7 – Other Terms and Conditions.
|
||||||
|
|
||||||
a. The Licensor shall not be bound by any additional or different terms or
|
a. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
|
||||||
conditions communicated by You unless expressly agreed.
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|
||||||
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|
||||||
b. Any arrangements, understandings, or agreements regarding the Licensed
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b. 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.
|
||||||
Material not stated herein are separate from and independent of the terms
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|
||||||
and conditions of this Public License.
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|
||||||
|
|
||||||
Section 8 – Interpretation.
|
Section 8 – Interpretation.
|
||||||
|
|
||||||
a. For the avoidance of doubt, this Public License does not, and shall not
|
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 could lawfully be made without permission under this Public License.
|
||||||
be interpreted to, reduce, limit, restrict, or impose conditions on any use
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|
||||||
of the Licensed Material that could lawfully be made without permission under
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|
||||||
this Public License.
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|
||||||
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|
||||||
b. To the extent possible, if any provision of this Public License is deemed
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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.
|
||||||
unenforceable, it shall be automatically reformed to the minimum extent necessary
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|
||||||
to make it enforceable. If the provision cannot be reformed, it shall be severed
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|
||||||
from this Public License without affecting the enforceability of the remaining
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|
||||||
terms and conditions.
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|
||||||
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|
||||||
c. No term or condition of this Public License will be waived and no failure
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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.
|
||||||
to comply consented to unless expressly agreed to by the Licensor.
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|
||||||
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|
||||||
d. Nothing in this Public License constitutes or may be interpreted as a limitation
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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.
|
||||||
upon, or waiver of, any privileges and immunities that apply to the Licensor
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||||||
or You, including from the legal processes of any jurisdiction or authority.
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||||||
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|
||||||
Creative Commons is not a party to its public licenses. Notwithstanding, Creative
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Creative Commons is not a 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 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.
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||||||
Commons may elect to apply one of its public licenses to material it publishes
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|
||||||
and in those instances will be considered the “Licensor.” Except for the limited
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|
||||||
purpose of indicating that material is shared under a Creative Commons public
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license or as otherwise permitted by the Creative Commons policies published
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||||||
at creativecommons.org/policies, Creative Commons does not authorize the use
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|
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of the trademark “Creative Commons” or any other trademark or logo of Creative
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Commons without its prior written consent including, without limitation, in
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connection with any unauthorized modifications to any of its public licenses
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or any other arrangements, understandings, or agreements concerning use of
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||||||
licensed material. For the avoidance of doubt, this paragraph does not form
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|
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part of the public licenses.
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||||||
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|
||||||
Creative Commons may be contacted at creativecommons.org.
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Creative Commons may be contacted at creativecommons.org.
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||||||
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@ -1,223 +1,83 @@
|
||||||
Creative Commons Attribution-NonCommercial-ShareAlike 1.0
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Creative Commons Attribution-NonCommercial-ShareAlike 1.0
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|
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS DRAFT LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
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SERVICES. DISTRIBUTION OF THIS DRAFT LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT
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RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS.
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CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND
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|
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DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
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|
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|
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License
|
License
|
||||||
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|
||||||
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE IS PROHIBITED.
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PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR
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OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS
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|
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LICENSE IS PROHIBITED.
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|
||||||
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|
||||||
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
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||||||
BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS
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CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
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|
||||||
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|
||||||
1. Definitions
|
1. Definitions
|
||||||
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|
||||||
a. "Collective Work" means a work, such as a periodical issue, anthology or
|
a. "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.
|
||||||
encyclopedia, in which the Work in its entirety in unmodified form, along
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|
||||||
with a number of other contributions, constituting separate and independent
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|
||||||
works in themselves, are assembled into a collective whole. A work that constitutes
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|
||||||
a Collective Work will not be considered a Derivative Work (as defined below)
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|
||||||
for the purposes of this License.
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|
||||||
|
|
||||||
b. "Derivative Work" means a work based upon the Work or upon the Work and
|
b. "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.
|
||||||
other pre-existing works, such as a translation, musical arrangement, dramatization,
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|
||||||
fictionalization, motion picture version, sound recording, art reproduction,
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|
||||||
abridgment, condensation, or any other form in which the Work may be recast,
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|
||||||
transformed, or adapted, except that a work that constitutes a Collective
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|
||||||
Work will not be considered a Derivative Work for the purpose of this License.
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|
||||||
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|
||||||
c. "Licensor" means the individual or entity that offers the Work under the
|
c. "Licensor" means the individual or entity that offers the Work under the terms of this License.
|
||||||
terms of this License.
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|
||||||
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|
||||||
d. "Original Author" means the individual or entity who created the Work.
|
d. "Original Author" means the individual or entity who created the Work.
|
||||||
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|
||||||
e. "Work" means the copyrightable work of authorship offered under the terms
|
e. "Work" means the copyrightable work of authorship offered under the terms of this License.
|
||||||
of this License.
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|
||||||
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|
||||||
f. "You" means an individual or entity exercising rights under this License
|
f. "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.
|
||||||
who has not previously violated the terms of this License with respect to
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|
||||||
the Work, or who has received express permission from the Licensor to exercise
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|
||||||
rights under this License despite a previous violation.
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|
||||||
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|
||||||
2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
|
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.
|
||||||
or restrict any rights arising from fair use, first sale or other limitations
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|
||||||
on the exclusive rights of the copyright owner under copyright law or other
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|
||||||
applicable laws.
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|
||||||
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|
||||||
3. License Grant. Subject to the terms and conditions of this License, Licensor
|
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:
|
||||||
hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for
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|
||||||
the duration of the applicable copyright) license to exercise the rights in
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|
||||||
the Work as stated below:
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|
||||||
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|
||||||
a. to reproduce the Work, to incorporate the Work into one or more Collective
|
a. 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;
|
||||||
Works, and to reproduce the Work as incorporated in the Collective Works;
|
|
||||||
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|
||||||
b. to create and reproduce Derivative Works;
|
b. to create and reproduce Derivative Works;
|
||||||
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|
||||||
c. to distribute copies or phonorecords of, display publicly, perform publicly,
|
c. 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;
|
||||||
and perform publicly by means of a digital audio transmission the Work including
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|
||||||
as incorporated in Collective Works;
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|
||||||
|
|
||||||
d. to distribute copies or phonorecords of, display publicly, perform publicly,
|
d. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works;
|
||||||
and perform publicly by means of a digital audio transmission Derivative Works;
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|
||||||
|
|
||||||
The above rights may be exercised in all media and formats whether now known
|
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.
|
||||||
or hereafter devised. The above rights include the right to make such modifications
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|
||||||
as are technically necessary to exercise the rights in other media and formats.
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|
||||||
All rights not expressly granted by Licensor are hereby reserved.
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|
||||||
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|
||||||
4. Restrictions. The license granted in Section 3 above is expressly made
|
4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
|
||||||
subject to and limited by the following restrictions:
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|
||||||
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|
||||||
a. You may distribute, publicly display, publicly perform, or publicly digitally
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a. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this 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 Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. 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 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 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 reference to such Licensor or the Original Author, as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any reference to such Licensor or the Original Author, as requested.
|
||||||
perform the Work only under the terms of this License, and You must include
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|
||||||
a copy of, or the Uniform Resource Identifier for, this License with every
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|
||||||
copy or phonorecord of the Work You distribute, publicly display, publicly
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|
||||||
perform, or publicly digitally perform. You may not offer or impose any terms
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|
||||||
on the Work that alter or restrict the terms of this License or the recipients'
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|
||||||
exercise of the rights granted hereunder. You may not sublicense the Work.
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|
||||||
You must keep intact all notices that refer to this License and to the disclaimer
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|
||||||
of warranties. You may not distribute, publicly display, publicly perform,
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|
||||||
or publicly digitally perform the Work with any technological measures that
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|
||||||
control access or use of the Work in a manner inconsistent with the terms
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|
||||||
of this License Agreement. The above applies to the Work as incorporated in
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|
||||||
a Collective Work, but this does not require the Collective Work apart from
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|
||||||
the Work itself to be made subject to the terms of this License. If You create
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|
||||||
a Collective Work, upon notice from any Licensor You must, to the extent practicable,
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|
||||||
remove from the Collective Work any reference to such Licensor or the Original
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|
||||||
Author, as requested. If You create a Derivative Work, upon notice from any
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|
||||||
Licensor You must, to the extent practicable, remove from the Derivative Work
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|
||||||
any reference to such Licensor or the Original Author, as requested.
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|
||||||
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|
||||||
b. You may distribute, publicly display, publicly perform, or publicly digitally
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b. You may distribute, publicly display, publicly perform, or publicly digitally perform a Derivative Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License 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.
|
||||||
perform a Derivative Work only under the terms of this License, and You must
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|
||||||
include a copy of, or the Uniform Resource Identifier for, this License with
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|
||||||
every copy or phonorecord of each Derivative Work You distribute, publicly
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|
||||||
display, publicly perform, or publicly digitally perform. You may not offer
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|
||||||
or impose any terms on the Derivative Works that alter or restrict the terms
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|
||||||
of this License or the recipients' exercise of the rights granted hereunder,
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|
||||||
and You must keep intact all notices that refer to this License and to the
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|
||||||
disclaimer of warranties. You may not distribute, publicly display, publicly
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|
||||||
perform, or publicly digitally perform the Derivative Work with any technological
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|
||||||
measures that control access or use of the Work in a manner inconsistent with
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|
||||||
the terms of this License Agreement. The above applies to the Derivative Work
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|
||||||
as incorporated in a Collective Work, but this does not require the Collective
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|
||||||
Work apart from the Derivative Work itself to be made subject to the terms
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|
||||||
of this License.
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|
||||||
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|
||||||
c. You may not exercise any of the rights granted to You in Section 3 above
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c. 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 of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
|
||||||
in any manner that is primarily intended for or directed toward commercial
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|
||||||
advantage or private monetary compensation. The exchange of the Work for other
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|
||||||
copyrighted works by means of digital file-sharing or otherwise shall not
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|
||||||
be considered to be intended for or directed toward commercial advantage or
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|
||||||
private monetary compensation, provided there is no payment of any monetary
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|
||||||
compensation in connection with the exchange of copyrighted works.
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|
||||||
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|
||||||
d. If you distribute, publicly display, publicly perform, or publicly digitally
|
d. If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Work if supplied; in the case of a 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.
|
||||||
perform the Work or any Derivative Works or Collective Works, You must keep
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|
||||||
intact all copyright notices for the Work and give the Original Author credit
|
|
||||||
reasonable to the medium or means You are utilizing by conveying the name
|
|
||||||
(or pseudonym if applicable) of the Original Author if supplied; the title
|
|
||||||
of the Work if supplied; in the case of a 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. Representations, Warranties and Disclaimer
|
5. Representations, Warranties and Disclaimer
|
||||||
|
|
||||||
a. By offering the Work for public release under this License, Licensor represents
|
a. By offering the Work for public release under this License, Licensor represents and warrants that, to the best of Licensor's knowledge after reasonable inquiry:
|
||||||
and warrants that, to the best of Licensor's knowledge after reasonable inquiry:
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|
||||||
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|
||||||
i. Licensor has secured all rights in the Work necessary to grant the license
|
i. Licensor has secured all rights in the Work necessary to grant the license rights hereunder and to permit the lawful exercise of the rights granted hereunder without You having any obligation to pay any royalties, compulsory license fees, residuals or any other payments;
|
||||||
rights hereunder and to permit the lawful exercise of the rights granted hereunder
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|
||||||
without You having any obligation to pay any royalties, compulsory license
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|
||||||
fees, residuals or any other payments;
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|
||||||
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|
||||||
ii. The Work does not infringe the copyright, trademark, publicity rights,
|
ii. The Work does not infringe the copyright, trademark, publicity rights, common law rights or any other right of any third party or constitute defamation, invasion of privacy or other tortious injury to any third party.
|
||||||
common law rights or any other right of any third party or constitute defamation,
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|
||||||
invasion of privacy or other tortious injury to any third party.
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|
||||||
|
|
||||||
b. EXCEPT AS EXPRESSLY STATED IN THIS LICENSE OR OTHERWISE AGREED IN WRITING
|
b. EXCEPT AS EXPRESSLY STATED IN THIS LICENSE OR OTHERWISE AGREED IN WRITING OR REQUIRED BY APPLICABLE LAW, THE WORK IS LICENSED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE CONTENTS OR ACCURACY OF THE WORK.
|
||||||
OR REQUIRED BY APPLICABLE LAW, THE WORK IS LICENSED ON AN "AS IS" BASIS, WITHOUT
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|
||||||
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
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|
||||||
ANY WARRANTIES REGARDING THE CONTENTS OR ACCURACY OF THE WORK.
|
|
||||||
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|
||||||
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW,
|
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, AND EXCEPT FOR DAMAGES ARISING FROM LIABILITY TO A THIRD PARTY RESULTING FROM BREACH OF THE WARRANTIES IN SECTION 5, 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.
|
||||||
AND EXCEPT FOR DAMAGES ARISING FROM LIABILITY TO A THIRD PARTY RESULTING FROM
|
|
||||||
BREACH OF THE WARRANTIES IN SECTION 5, IN NO EVENT WILL LICENSOR BE LIABLE
|
|
||||||
TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE
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|
||||||
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
|
7. Termination
|
||||||
|
|
||||||
a. This License and the rights granted hereunder will terminate automatically
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a. 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.
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a. "Collective Work" means a work, such as a periodical issue, anthology or
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a. "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.
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encyclopedia, in which the Work in its entirety in unmodified form, along
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works in themselves, are assembled into a collective whole. A work that constitutes
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a Collective Work will not be considered a Derivative Work (as defined below)
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b. "Derivative Work" means a work based upon the Work or upon the Work and
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b. "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.
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For the avoidance of doubt, where the Work is a musical composition or sound
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c. "Licensor" means the individual or entity that offers the Work under the
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perform a Derivative Work only under the terms of this License, a later version
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specified in the previous sentence with every copy or phonorecord of each
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digitally perform. You may not offer or impose any terms on the Derivative
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distribute, publicly display, publicly perform, or publicly digitally perform
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the Derivative Work with any technological measures that control access or
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use of the Work in a manner inconsistent with the terms of this License Agreement.
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The above applies to the Derivative Work as incorporated in a Collective Work,
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itself to be made subject to the terms of this License.
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d. If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and in the case of a 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.
|
||||||
perform the Work or any Derivative Works or Collective Works, You must keep
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intact all copyright notices for the Work and give the Original Author credit
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|
||||||
reasonable to the medium or means You are utilizing by conveying the name
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|
||||||
(or pseudonym if applicable) of the Original Author if supplied; the title
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|
||||||
of the Work if supplied; to the extent reasonably practicable, the Uniform
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Resource Identifier, if any, that Licensor specifies to be associated with
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the Work, unless such URI does not refer to the copyright notice or licensing
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information for the Work; and in the case of a Derivative Work, a credit identifying
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|
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the use of the Work in the Derivative Work (e.g., "French translation of the
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|
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Work by Original Author," or "Screenplay based on original Work by Original
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|
||||||
Author"). Such credit may be implemented in any reasonable manner; provided,
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|
||||||
however, that in the case of a Derivative Work or Collective Work, at a minimum
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|
||||||
such credit will appear where any other comparable authorship credit appears
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|
||||||
and in a manner at least as prominent as such other comparable authorship
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|
||||||
credit.
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|
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|
||||||
e. For the avoidance of doubt, where the Work is a musical composition:
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||||||
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|
||||||
i. Performance Royalties Under Blanket Licenses. Licensor reserves the exclusive
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right to collect, whether individually or via a performance rights society
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|
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(e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital
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|
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performance (e.g. webcast) of the Work if that performance is primarily intended
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|
||||||
for or directed toward commercial advantage or private monetary compensation.
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|
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|
||||||
ii. Mechanical Rights and Statutory Royalties. Licensor reserves the exclusive
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ii. 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.
|
||||||
right to collect, whether individually or via a music rights agency or designated
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|
||||||
agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from
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|
||||||
the Work ("cover version") and distribute, subject to the compulsory license
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|
||||||
created by 17 USC Section 115 of the US Copyright Act (or the equivalent in
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|
||||||
other jurisdictions), if Your distribution of such cover version is primarily
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|
||||||
intended for or directed toward commercial advantage or private monetary compensation.
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|
||||||
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|
||||||
f. Webcasting Rights and Statutory Royalties. For the avoidance of doubt,
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f. 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.
|
||||||
where the Work is a sound recording, Licensor reserves the exclusive right
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|
||||||
to collect, whether individually or via a performance-rights society (e.g.
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|
||||||
SoundExchange), royalties for the public digital performance (e.g. webcast)
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|
||||||
of the Work, subject to the compulsory license created by 17 USC Section 114
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|
||||||
of the US Copyright Act (or the equivalent in other jurisdictions), if Your
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|
||||||
public digital performance is primarily intended for or directed toward commercial
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|
||||||
advantage or private monetary compensation.
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|
||||||
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|
||||||
5. Representations, Warranties and Disclaimer
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5. Representations, Warranties and Disclaimer
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||||||
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|
||||||
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS
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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.
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THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
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OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE
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OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE
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EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
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||||||
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IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
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INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS
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LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY
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OF SUCH DAMAGES.
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7. Termination
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7. Termination
|
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|
||||||
a. This License and the rights granted hereunder will terminate automatically
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a. 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.
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||||||
upon any breach by You of the terms of this License. Individuals or entities
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who have received Derivative Works or Collective Works from You under this
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or entities remain in full compliance with those licenses. Sections 1, 2,
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5, 6, 7, and 8 will survive any termination of this License.
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b. Subject to the above terms and conditions, the license granted here is
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||||||
perpetual (for the duration of the applicable copyright in the Work). Notwithstanding
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the above, Licensor reserves the right to release the Work under different
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license terms or to stop distributing the Work at any time; provided, however
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license that has been, or is required to be, granted under the terms of this
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|
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License), and this License will continue in full force and effect unless terminated
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as stated above.
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|
||||||
8. Miscellaneous
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8. Miscellaneous
|
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a. Each time You distribute or publicly digitally perform the Work or a Collective
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a. 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.
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Work, the Licensor offers to the recipient a license to the Work on the same
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terms and conditions as the license granted to You under this License.
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b. 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.
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Licensor offers to the recipient a license to the original Work on the same
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c. If any provision of this License is invalid or unenforceable under applicable
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c. 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.
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the terms of this License, and without further action by the parties to this
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agreement, such provision shall be reformed to the minimum extent necessary
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d. No term or provision of this License shall be deemed waived and no breach
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d. 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.
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e. This License constitutes the entire agreement between the parties with
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e. 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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Creative Commons is not a party to this License, and makes no warranty whatsoever
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Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.
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Except for the limited purpose of indicating to the public that the Work is
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Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.
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on its website or otherwise made available upon request from time to time.
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||||||
Creative Commons may be contacted at http://creativecommons.org/.
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Creative Commons may be contacted at http://creativecommons.org/.
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@ -1,345 +1,99 @@
|
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Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported
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Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
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||||||
1. Definitions
|
1. Definitions
|
||||||
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|
||||||
a. "Adaptation" means a work based upon the Work, or upon the Work and other
|
a. "Adaptation" means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work that constitutes a Collection will not be considered an Adaptation for the purpose of this License. For the avoidance of doubt, where the Work is a musical work, performance or phonogram, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered an Adaptation for the purpose of this License.
|
||||||
pre-existing works, such as a translation, adaptation, derivative work, arrangement
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|
||||||
of music or other alterations of a literary or artistic work, or phonogram
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|
||||||
or performance and includes cinematographic adaptations or any other form
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|
||||||
in which the Work may be recast, transformed, or adapted including in any
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|
||||||
form recognizably derived from the original, except that a work that constitutes
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|
||||||
a Collection will not be considered an Adaptation for the purpose of this
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|
||||||
License. For the avoidance of doubt, where the Work is a musical work, performance
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|
||||||
or phonogram, the synchronization of the Work in timed-relation with a moving
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|
||||||
image ("synching") will be considered an Adaptation for the purpose of this
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|
||||||
License.
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|
||||||
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|
||||||
b. "Collection" means a collection of literary or artistic works, such as
|
b. "Collection" means a collection of literary or artistic works, such as encyclopedias and anthologies, or performances, phonograms or broadcasts, or other works or subject matter other than works listed in Section 1(g) below, which, by reason of the selection and arrangement of their contents, constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each constituting separate and independent works in themselves, which together are assembled into a collective whole. A work that constitutes a Collection will not be considered an Adaptation (as defined above) for the purposes of this License.
|
||||||
encyclopedias and anthologies, or performances, phonograms or broadcasts,
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|
||||||
or other works or subject matter other than works listed in Section 1(g) below,
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|
||||||
which, by reason of the selection and arrangement of their contents, constitute
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|
||||||
intellectual creations, in which the Work is included in its entirety in unmodified
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|
||||||
form along with one or more other contributions, each constituting separate
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|
||||||
and independent works in themselves, which together are assembled into a collective
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|
||||||
whole. A work that constitutes a Collection will not be considered an Adaptation
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|
||||||
(as defined above) for the purposes of this License.
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|
||||||
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|
||||||
c. "Distribute" means to make available to the public the original and copies
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c. "Distribute" means to make available to the public the original and copies of the Work or Adaptation, as appropriate, through sale or other transfer of ownership.
|
||||||
of the Work or Adaptation, as appropriate, through sale or other transfer
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|
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of ownership.
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|
||||||
d. "License Elements" means the following high-level license attributes as
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d. "License Elements" means the following high-level license attributes as selected by Licensor and indicated in the title of this License: Attribution, Noncommercial, ShareAlike.
|
||||||
selected by Licensor and indicated in the title of this License: Attribution,
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Noncommercial, ShareAlike.
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|
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|
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e. "Licensor" means the individual, individuals, entity or entities that offer(s)
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e. "Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this License.
|
||||||
the Work under the terms of this License.
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|
||||||
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|
||||||
f. "Original Author" means, in the case of a literary or artistic work, the
|
f. "Original Author" means, in the case of a literary or artistic work, the individual, individuals, entity or entities who created the Work or if no individual or entity can be identified, the publisher; and in addition (i) in the case of a performance the actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary or artistic works or expressions of folklore; (ii) in the case of a phonogram the producer being the person or legal entity who first fixes the sounds of a performance or other sounds; and, (iii) in the case of broadcasts, the organization that transmits the broadcast.
|
||||||
individual, individuals, entity or entities who created the Work or if no
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|
||||||
individual or entity can be identified, the publisher; and in addition (i)
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|
||||||
in the case of a performance the actors, singers, musicians, dancers, and
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|
||||||
other persons who act, sing, deliver, declaim, play in, interpret or otherwise
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|
||||||
perform literary or artistic works or expressions of folklore; (ii) in the
|
|
||||||
case of a phonogram the producer being the person or legal entity who first
|
|
||||||
fixes the sounds of a performance or other sounds; and, (iii) in the case
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|
||||||
of broadcasts, the organization that transmits the broadcast.
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|
||||||
|
|
||||||
g. "Work" means the literary and/or artistic work offered under the terms
|
g. "Work" means the literary and/or artistic work offered under the terms of this License including without limitation any production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression including digital form, such as a book, pamphlet and other writing; a lecture, address, sermon or other work of the same nature; a dramatic or dramatico-musical work; a choreographic work or entertainment in dumb show; a musical composition with or without words; a cinematographic work to which are assimilated works expressed by a process analogous to cinematography; a work of drawing, painting, architecture, sculpture, engraving or lithography; a photographic work to which are assimilated works expressed by a process analogous to photography; a work of applied art; an illustration, map, plan, sketch or three-dimensional work relative to geography, topography, architecture or science; a performance; a broadcast; a phonogram; a compilation of data to the extent it is protected as a copyrightable work; or a work performed by a variety or circus performer to the extent it is not otherwise considered a literary or artistic work.
|
||||||
of this License including without limitation any production in the literary,
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|
||||||
scientific and artistic domain, whatever may be the mode or form of its expression
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|
||||||
including digital form, such as a book, pamphlet and other writing; a lecture,
|
|
||||||
address, sermon or other work of the same nature; a dramatic or dramatico-musical
|
|
||||||
work; a choreographic work or entertainment in dumb show; a musical composition
|
|
||||||
with or without words; a cinematographic work to which are assimilated works
|
|
||||||
expressed by a process analogous to cinematography; a work of drawing, painting,
|
|
||||||
architecture, sculpture, engraving or lithography; a photographic work to
|
|
||||||
which are assimilated works expressed by a process analogous to photography;
|
|
||||||
a work of applied art; an illustration, map, plan, sketch or three-dimensional
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|
||||||
work relative to geography, topography, architecture or science; a performance;
|
|
||||||
a broadcast; a phonogram; a compilation of data to the extent it is protected
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|
||||||
as a copyrightable work; or a work performed by a variety or circus performer
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|
||||||
to the extent it is not otherwise considered a literary or artistic work.
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|
||||||
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|
||||||
h. "You" means an individual or entity exercising rights under this License
|
h. "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.
|
||||||
who has not previously violated the terms of this License with respect to
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|
||||||
the Work, or who has received express permission from the Licensor to exercise
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|
||||||
rights under this License despite a previous violation.
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|
||||||
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|
||||||
i. "Publicly Perform" means to perform public recitations of the Work and
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i. "Publicly Perform" means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performances; to make available to the public Works in such a way that 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 means or process and the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any means including signs, sounds or images.
|
||||||
to communicate to the public those public recitations, by any means or process,
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|
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including by wire or wireless means or public digital performances; to make
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|
||||||
available to the public Works in such a way that members of the public may
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|
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access these Works from a place and at a place individually chosen by them;
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|
||||||
to perform the Work to the public by any means or process and the communication
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|
||||||
to the public of the performances of the Work, including by public digital
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|
||||||
performance; to broadcast and rebroadcast the Work by any means including
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|
||||||
signs, sounds or images.
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|
||||||
|
|
||||||
j. "Reproduce" means to make copies of the Work by any means including without
|
j. "Reproduce" means to make copies of the Work by any means including without limitation by sound or visual recordings and the right of fixation and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or other electronic medium.
|
||||||
limitation by sound or visual recordings and the right of fixation and reproducing
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|
||||||
fixations of the Work, including storage of a protected performance or phonogram
|
|
||||||
in digital form or other electronic medium.
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|
||||||
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|
||||||
2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit,
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2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.
|
||||||
or restrict any uses free from copyright or rights arising from limitations
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||||||
or exceptions that are provided for in connection with the copyright protection
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|
||||||
under copyright law or other applicable laws.
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|
||||||
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|
||||||
3. License Grant. Subject to the terms and conditions of this License, Licensor
|
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:
|
||||||
hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for
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|
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the duration of the applicable copyright) license to exercise the rights in
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|
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the Work as stated below:
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|
||||||
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|
||||||
a. to Reproduce the Work, to incorporate the Work into one or more Collections,
|
a. to Reproduce the Work, to incorporate the Work into one or more Collections, and to Reproduce the Work as incorporated in the Collections;
|
||||||
and to Reproduce the Work as incorporated in the Collections;
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|
||||||
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|
||||||
b. to create and Reproduce Adaptations provided that any such Adaptation,
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b. to create and Reproduce Adaptations provided that any such Adaptation, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work. For example, a translation could be marked "The original work was translated from English to Spanish," or a modification could indicate "The original work has been modified.";
|
||||||
including any translation in any medium, takes reasonable steps to clearly
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|
||||||
label, demarcate or otherwise identify that changes were made to the original
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|
||||||
Work. For example, a translation could be marked "The original work was translated
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|
||||||
from English to Spanish," or a modification could indicate "The original work
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|
||||||
has been modified.";
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|
||||||
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|
||||||
c. to Distribute and Publicly Perform the Work including as incorporated in
|
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information for the Work; and, (iv) consistent with Section 3(b), in the case
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||||||
based on original Work by Original Author"). The credit required by this Section
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4(d) may be implemented in any reasonable manner; provided, however, that
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|
||||||
in the case of a Adaptation or Collection, at a minimum such credit will appear,
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if a credit for all contributing authors of the Adaptation or Collection appears,
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then as part of these credits and in a manner at least as prominent as the
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credits for the other contributing authors. For the avoidance of doubt, You
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in the manner set out above and, by exercising Your rights under this License,
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such royalties for any exercise by You of the rights granted under this License;
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ii. Waivable Compulsory License Schemes. In those jurisdictions in which the
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ii. Waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme can be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by You of the rights granted under this License if Your exercise of such rights is for a purpose or use which is otherwise than noncommercial as permitted under Section 4(c) and otherwise waives the right to collect royalties through any statutory or compulsory licensing scheme; and,
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||||||
right to collect royalties through any statutory or compulsory licensing scheme
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can be waived, the Licensor reserves the exclusive right to collect such royalties
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for any exercise by You of the rights granted under this License if Your exercise
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that is for a purpose or use which is otherwise than noncommercial as permitted
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||||||
f. Except as otherwise agreed in writing by the Licensor or as may be otherwise
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f. Except as otherwise agreed in writing by the Licensor or as may be 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, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation. Licensor agrees that in those jurisdictions (e.g. Japan), in which any exercise of the right granted in Section 3(b) of this License (the right to make Adaptations) would be deemed to be a distortion, mutilation, modification or other derogatory action prejudicial to the Original Author's honor and reputation, the Licensor will waive or not assert, as appropriate, this Section, to the fullest extent permitted by the applicable national law, to enable You to reasonably exercise Your right under Section 3(b) of this License (right to make Adaptations) but not otherwise.
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||||||
permitted by applicable law, if You Reproduce, Distribute or Publicly Perform
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||||||
the Work either by itself or as part of any Adaptations or Collections, You
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||||||
must not distort, mutilate, modify or take other derogatory action in relation
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|
||||||
to the Work which would be prejudicial to the Original Author's honor or reputation.
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|
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Licensor agrees that in those jurisdictions (e.g. Japan), in which any exercise
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||||||
of the right granted in Section 3(b) of this License (the right to make Adaptations)
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||||||
would be deemed to be a distortion, mutilation, modification or other derogatory
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||||||
action prejudicial to the Original Author's honor and reputation, the Licensor
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||||||
will waive or not assert, as appropriate, this Section, to the fullest extent
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permitted by the applicable national law, to enable You to reasonably exercise
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||||||
Your right under Section 3(b) of this License (right to make Adaptations)
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||||||
but not otherwise.
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|
||||||
5. Representations, Warranties and Disclaimer
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5. Representations, Warranties and Disclaimer
|
||||||
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|
||||||
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING AND TO THE FULLEST
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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, MERCHANTABILITY, 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 THIS EXCLUSION MAY NOT APPLY TO YOU.
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EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR OFFERS THE WORK AS-IS AND MAKES
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OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE
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OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE
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EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.
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||||||
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW,
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|
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|
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|
||||||
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|
||||||
a. This License and the rights granted hereunder will terminate automatically
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a. 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 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 survive any termination of this License.
|
||||||
upon any breach by You of the terms of this License. Individuals or entities
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||||||
who have received Adaptations or Collections from You under this License,
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||||||
however, will not have their licenses terminated provided such individuals
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||||||
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|
||||||
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|
||||||
perpetual (for the duration of the applicable copyright in the Work). Notwithstanding
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|
||||||
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license terms or to stop distributing the Work at any time; provided, however
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|
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that any such election will not serve to withdraw this License (or any other
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license that has been, or is required to be, granted under the terms of this
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|
||||||
License), and this License will continue in full force and effect unless terminated
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|
||||||
as stated above.
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|
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|
||||||
8. Miscellaneous
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|
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|
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a. Each time You Distribute or Publicly Perform the Work or a Collection,
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a. Each time You Distribute or Publicly Perform the Work or a Collection, 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.
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||||||
the Licensor offers to the recipient a license to the Work on the same terms
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and conditions as the license granted to You under this License.
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|
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b. Each time You Distribute or Publicly Perform an Adaptation, Licensor offers
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b. Each time You Distribute or Publicly Perform 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.
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to the recipient a license to the original Work on the same terms and conditions
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as the license granted to You under this License.
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|
||||||
c. If any provision of this License is invalid or unenforceable under applicable
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c. 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.
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||||||
law, it shall not affect the validity or enforceability of the remainder of
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|
||||||
the terms of this License, and without further action by the parties to this
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|
||||||
agreement, such provision shall be reformed to the minimum extent necessary
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|
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to make such provision valid and enforceable.
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|
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d. No term or provision of this License shall be deemed waived and no breach
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d. 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.
|
||||||
consented to unless such waiver or consent shall be in writing and signed
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by the party to be charged with such waiver or consent.
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|
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e. This License constitutes the entire agreement between the parties with
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e. 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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respect to the Work licensed here. There are no understandings, agreements
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or representations with respect to the Work not specified here. Licensor shall
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|
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not be bound by any additional provisions that may appear in any communication
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||||||
from You. This License may not be modified without the mutual written agreement
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of the Licensor and You.
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|
||||||
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|
||||||
f. The rights granted under, and the subject matter referenced, in this License
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f. The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to 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 includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not intended to restrict the license of any rights under applicable law.
|
||||||
were drafted utilizing the terminology of the Berne Convention for the Protection
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|
||||||
of Literary and Artistic Works (as amended on September 28, 1979), the Rome
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|
||||||
Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances
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|
||||||
and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised
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|
||||||
on July 24, 1971). These rights and subject matter take effect in the relevant
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|
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jurisdiction in which the License terms are sought to be enforced according
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to the corresponding provisions of the implementation of those treaty provisions
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|
||||||
in the applicable national law. If the standard suite of rights granted under
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|
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applicable copyright law includes additional rights not granted under this
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License, such additional rights are deemed to be included in the License;
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|
||||||
this License is not intended to restrict the license of any rights under applicable
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|
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law.
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||||||
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|
||||||
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Creative Commons is not a party to this License, and makes no warranty whatsoever
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any party on any legal theory for any damages whatsoever, including without
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|
||||||
limitation any general, special, incidental or consequential damages arising
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||||||
in connection to this license. Notwithstanding the foregoing two (2) sentences,
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|
||||||
if Creative Commons has expressly identified itself as the Licensor hereunder,
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|
||||||
it shall have all rights and obligations of Licensor.
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|
||||||
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|
||||||
Except for the limited purpose of indicating to the public that the Work is
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Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, Creative Commons does not authorize the use by either party of the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time. For the avoidance of doubt, this trademark restriction does not form part of this License.
|
||||||
licensed under the CCPL, Creative Commons does not authorize the use by either
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|
||||||
party of the trademark "Creative Commons" or any related trademark or logo
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|
||||||
of Creative Commons without the prior written consent of Creative Commons.
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|
||||||
Any permitted use will be in compliance with Creative Commons' then-current
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|
||||||
trademark usage guidelines, as may be published on its website or otherwise
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||||||
made available upon request from time to time. For the avoidance of doubt,
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|
||||||
this trademark restriction does not form part of this License.
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|
||||||
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|
||||||
Creative Commons may be contacted at http://creativecommons.org/.
|
Creative Commons may be contacted at http://creativecommons.org/.
|
||||||
|
|
|
@ -1,213 +1,94 @@
|
||||||
Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International
|
Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International
|
||||||
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|
||||||
Creative Commons Corporation (“Creative Commons”) is not a law firm and does
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Creative Commons Corporation (“Creative Commons”) 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 gives no warranties regarding its licenses, any material licensed under their terms and conditions, or any related information. Creative Commons disclaims all liability for damages resulting from their use to the fullest extent possible.
|
||||||
not provide legal services or legal advice. Distribution of Creative Commons
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public licenses does not create a lawyer-client or other relationship. Creative
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|
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Commons makes its licenses and related information available on an “as-is”
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basis. Creative Commons gives no warranties regarding its licenses, any material
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||||||
licensed under their terms and conditions, or any related information. Creative
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|
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Commons disclaims all liability for damages resulting from their use to the
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|
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fullest extent possible.
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|
||||||
Using Creative Commons Public Licenses
|
Using Creative Commons Public Licenses
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Creative Commons public licenses provide a standard set of terms and conditions
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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 material 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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that creators and other rights holders may use to share original works of
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authorship and other material subject to copyright and certain other rights
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specified in the public license below. The following considerations are for
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|
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informational purposes only, are not exhaustive, and do not form part of our
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|
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licenses.
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|
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Considerations for licensors: Our public licenses are intended for use by
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Considerations for licensors: Our public licenses are intended for use by those authorized to give the public permission to use material in ways otherwise restricted by copyright and certain other rights. Our licenses are irrevocable. Licensors should read and understand the terms and conditions of the license they choose before applying it. Licensors should also secure all rights necessary before applying our licenses so that the public can reuse the material as expected. Licensors should clearly mark any material not subject to the license. This includes other CC-licensed material, or material used under an exception or limitation to copyright. More considerations for licensors.
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those authorized to give the public permission to use material in ways otherwise
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restricted by copyright and certain other rights. Our licenses are irrevocable.
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Licensors should read and understand the terms and conditions of the license
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they choose before applying it. Licensors should also secure all rights necessary
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|
||||||
before applying our licenses so that the public can reuse the material as
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|
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expected. Licensors should clearly mark any material not subject to the license.
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This includes other CC-licensed material, or material used under an exception
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|
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or limitation to copyright. More considerations for licensors.
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|
||||||
Considerations for the public: By using one of our public licenses, a licensor
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Considerations for the public: By using one of our public licenses, a licensor grants the public permission to use the licensed material under specified terms and conditions. If the licensor’s permission is not necessary for any reason–for example, because of any applicable exception or limitation to copyright–then that use is not regulated by the license. Our licenses grant only permissions under copyright and certain other rights that a licensor has authority to grant. Use of the licensed material may still be restricted for other reasons, including because others have copyright or other rights in the material. A licensor may make special requests, such as asking that all changes be marked or described. Although not required by our licenses, you are encouraged to respect those requests where reasonable. More considerations for the public.
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||||||
grants the public permission to use the licensed material under specified
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terms and conditions. If the licensor’s permission is not necessary for any
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|
||||||
reason–for example, because of any applicable exception or limitation to copyright–then
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|
||||||
that use is not regulated by the license. Our licenses grant only permissions
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||||||
under copyright and certain other rights that a licensor has authority to
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grant. Use of the licensed material may still be restricted for other reasons,
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||||||
including because others have copyright or other rights in the material. A
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|
||||||
licensor may make special requests, such as asking that all changes be marked
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|
||||||
or described. Although not required by our licenses, you are encouraged to
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|
||||||
respect those requests where reasonable. More considerations for the public.
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|
||||||
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|
||||||
Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public
|
Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public License
|
||||||
License
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|
||||||
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|
||||||
By exercising the Licensed Rights (defined below), You accept and agree to
|
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 International Public License ("Public License"). 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 under these terms and conditions.
|
||||||
be bound by the terms and conditions of this Creative Commons Attribution-NonCommercial-ShareAlike
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|
||||||
4.0 International Public License ("Public License"). To the extent this Public
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|
||||||
License may be interpreted as a contract, You are granted the Licensed Rights
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|
||||||
in consideration of Your acceptance of these terms and conditions, and the
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|
||||||
Licensor grants You such rights in consideration of benefits the Licensor
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|
||||||
receives from making the Licensed Material available under these terms and
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|
||||||
conditions.
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|
||||||
|
|
||||||
Section 1 – Definitions.
|
Section 1 – Definitions.
|
||||||
|
|
||||||
a. Adapted Material means material subject to Copyright and Similar Rights
|
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 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 where the Licensed Material is synched in timed relation with a moving image.
|
||||||
that is derived from or based upon the Licensed Material and in which the
|
|
||||||
Licensed Material is translated, altered, arranged, transformed, or otherwise
|
|
||||||
modified 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 where 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
|
b. Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License.
|
||||||
Rights in Your contributions to Adapted Material in accordance with the terms
|
|
||||||
and conditions of this Public License.
|
|
||||||
|
|
||||||
c. BY-NC-SA Compatible License means a license listed at creativecommons.org/compatiblelicenses,
|
c. BY-NC-SA Compatible License means a license listed at creativecommons.org/compatiblelicenses, approved by Creative Commons as essentially the equivalent of this Public License.
|
||||||
approved by Creative Commons as essentially the equivalent of this Public
|
|
||||||
License.
|
|
||||||
|
|
||||||
d. Copyright and Similar Rights means copyright and/or similar rights closely
|
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.
|
||||||
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
|
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, and/or similar international agreements.
|
||||||
of proper authority, may not be circumvented under laws fulfilling obligations
|
|
||||||
under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996,
|
|
||||||
and/or similar international agreements.
|
|
||||||
|
|
||||||
f. Exceptions and Limitations means fair use, fair dealing, and/or any other
|
f. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
|
||||||
exception or limitation to Copyright and Similar Rights that applies to Your
|
|
||||||
use of the Licensed Material.
|
|
||||||
|
|
||||||
g. License Elements means the license attributes listed in the name of a Creative
|
g. License Elements means the license attributes listed in the name of a Creative Commons Public License. The License Elements of this Public License are Attribution, NonCommercial, and ShareAlike.
|
||||||
Commons Public License. The License Elements of this Public License are Attribution,
|
|
||||||
NonCommercial, and ShareAlike.
|
|
||||||
|
|
||||||
h. Licensed Material means the artistic or literary work, database, or other
|
h. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.
|
||||||
material to which the Licensor applied this Public License.
|
|
||||||
|
|
||||||
i. Licensed Rights means the rights granted to You subject to the terms and
|
i. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
|
||||||
conditions of this Public License, which are limited to 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
|
j. Licensor means the individual(s) or entity(ies) granting rights under this Public License.
|
||||||
Public License.
|
|
||||||
|
|
||||||
k. NonCommercial means not primarily intended for or directed towards commercial
|
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.
|
||||||
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 that
|
l. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, 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.
|
||||||
requires permission under the Licensed Rights, such as reproduction, public
|
|
||||||
display, public performance, distribution, dissemination, communication, or
|
|
||||||
importation, 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.
|
|
||||||
|
|
||||||
m. Sui Generis Database Rights means rights other than copyright resulting
|
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.
|
||||||
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
|
n. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.
|
||||||
this Public License. Your has a corresponding meaning.
|
|
||||||
|
|
||||||
Section 2 – Scope.
|
Section 2 – Scope.
|
||||||
|
|
||||||
a. License grant.
|
a. License grant.
|
||||||
|
|
||||||
1. Subject to the terms and conditions of this Public License, the Licensor
|
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:
|
||||||
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, in whole or in part, for NonCommercial
|
A. reproduce and Share the Licensed Material, in whole or in part, for NonCommercial purposes only; and
|
||||||
purposes only; and
|
|
||||||
|
|
||||||
B. produce, reproduce, and Share Adapted Material for NonCommercial purposes
|
B. produce, reproduce, and Share Adapted Material for NonCommercial purposes only.
|
||||||
only.
|
|
||||||
|
|
||||||
2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions
|
2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
|
||||||
and Limitations apply to Your use, this Public License does not apply, 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).
|
3. Term. The term of this Public License is specified in Section 6(a).
|
||||||
|
|
||||||
4. Media and formats; technical modifications allowed. The Licensor authorizes
|
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.
|
||||||
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.
|
5. Downstream recipients.
|
||||||
|
|
||||||
A. Offer from the Licensor – Licensed Material. Every recipient of the Licensed
|
A. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.
|
||||||
Material automatically receives an offer from the Licensor to exercise the
|
|
||||||
Licensed Rights under the terms and conditions of this Public License.
|
|
||||||
|
|
||||||
B. Additional offer from the Licensor – Adapted Material. Every recipient
|
B. Additional offer from the Licensor – Adapted Material. Every recipient of Adapted Material from You automatically receives an offer from the Licensor to exercise the Licensed Rights in the Adapted Material under the conditions of the Adapter’s License You apply.
|
||||||
of Adapted Material from You automatically receives an offer from the Licensor
|
|
||||||
to exercise the Licensed Rights in the Adapted Material under the conditions
|
|
||||||
of the Adapter’s License You apply.
|
|
||||||
|
|
||||||
C. No downstream restrictions. You may not offer or impose any additional
|
C. 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 if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
|
||||||
or different terms or conditions on, or apply any Effective Technological
|
|
||||||
Measures to, the Licensed Material if doing so restricts exercise of the Licensed
|
|
||||||
Rights by any recipient of the Licensed Material.
|
|
||||||
|
|
||||||
6. No endorsement. Nothing in this Public License constitutes or may be construed
|
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).
|
||||||
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.
|
b. Other rights.
|
||||||
|
|
||||||
1. Moral rights, such as the right of integrity, are not licensed under this
|
1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or 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.
|
||||||
Public License, nor are publicity, privacy, and/or 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.
|
2. Patent and trademark rights are not licensed under this Public License.
|
||||||
|
|
||||||
3. To the extent possible, the Licensor waives any right to collect royalties
|
3. To the extent possible, the Licensor waives any 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 any right to collect such royalties, including when the Licensed Material is used other than for NonCommercial purposes.
|
||||||
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 any right
|
|
||||||
to collect such royalties, including when the Licensed Material is used other
|
|
||||||
than for NonCommercial purposes.
|
|
||||||
|
|
||||||
Section 3 – License Conditions.
|
Section 3 – License Conditions.
|
||||||
|
|
||||||
Your exercise of the Licensed Rights is expressly made subject to the following
|
Your exercise of the Licensed Rights is expressly made subject to the following conditions.
|
||||||
conditions.
|
|
||||||
|
|
||||||
a. Attribution.
|
a. Attribution.
|
||||||
|
|
||||||
1. If You Share the Licensed Material (including in modified form), You must:
|
1. If You Share the Licensed Material (including in modified form), You must:
|
||||||
|
|
||||||
A. retain the following if it is supplied by the Licensor with the Licensed
|
A. retain the following if it is supplied by the Licensor with the Licensed Material:
|
||||||
Material:
|
|
||||||
|
|
||||||
i. identification of the creator(s) of the Licensed Material and any others
|
i. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
|
||||||
designated to receive attribution, in any reasonable manner requested by the
|
|
||||||
Licensor (including by pseudonym if designated);
|
|
||||||
|
|
||||||
ii. a copyright notice;
|
ii. a copyright notice;
|
||||||
|
|
||||||
|
@ -215,144 +96,75 @@ Licensor (including by pseudonym if designated);
|
||||||
|
|
||||||
iv. a notice that refers to the disclaimer of warranties;
|
iv. a notice that refers to the disclaimer of warranties;
|
||||||
|
|
||||||
v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
|
v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
|
||||||
|
|
||||||
B. indicate if You modified the Licensed Material and retain an indication
|
B. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
|
||||||
of any previous modifications; and
|
|
||||||
|
|
||||||
C. indicate the Licensed Material is licensed under this Public License, 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.
|
||||||
include the text of, or the URI or hyperlink to, this Public License.
|
|
||||||
|
|
||||||
2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner
|
2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
|
||||||
based on the medium, means, and context in which You Share the Licensed Material.
|
|
||||||
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
|
3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
|
||||||
by Section 3(a)(1)(A) to the extent reasonably practicable.
|
|
||||||
|
|
||||||
b. ShareAlike.In addition to the conditions in Section 3(a), if You Share
|
b. ShareAlike.In addition to the conditions in Section 3(a), if You Share Adapted Material You produce, the following conditions also apply.
|
||||||
Adapted Material You produce, the following conditions also apply.
|
|
||||||
|
|
||||||
1. The Adapter’s License You apply must be a Creative Commons license with
|
1. The Adapter’s License You apply must be a Creative Commons license with the same License Elements, this version or later, or a BY-NC-SA Compatible License.
|
||||||
the same License Elements, this version or later, or a BY-NC-SA Compatible
|
|
||||||
License.
|
|
||||||
|
|
||||||
2. You must include the text of, or the URI or hyperlink to, the Adapter's
|
2. You must include the text of, or the URI or hyperlink to, the Adapter's License You apply. You may satisfy this condition in any reasonable manner based on the medium, means, and context in which You Share Adapted Material.
|
||||||
License You apply. 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
|
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 You apply.
|
||||||
on, or apply any Effective Technological Measures to, Adapted Material that
|
|
||||||
restrict exercise of the rights granted under the Adapter's License You apply.
|
|
||||||
|
|
||||||
Section 4 – Sui Generis Database Rights.
|
Section 4 – Sui Generis Database Rights.
|
||||||
|
|
||||||
Where the Licensed Rights include Sui Generis Database Rights that apply to
|
Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:
|
||||||
Your use of the Licensed Material:
|
|
||||||
|
|
||||||
a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract,
|
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;
|
||||||
reuse, reproduce, and Share all or a substantial portion of the contents of
|
|
||||||
the database for NonCommercial purposes only;
|
|
||||||
|
|
||||||
b. if You include all or a substantial portion of the database contents in
|
b. 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(b); and
|
||||||
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(b); and
|
|
||||||
|
|
||||||
c. You must comply with the conditions in Section 3(a) if You Share all or
|
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.
|
||||||
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.
|
||||||
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.
|
Section 5 – Disclaimer of Warranties and Limitation of Liability.
|
||||||
|
|
||||||
a. Unless otherwise separately undertaken by the Licensor, to the extent possible,
|
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, whether express, implied, statutory, or other. 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.
|
||||||
the Licensor offers the Licensed Material as-is and as-available, and makes
|
|
||||||
no representations or warranties of any kind concerning the Licensed Material,
|
|
||||||
whether express, implied, statutory, or other. 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
|
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, 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.
|
||||||
on any legal theory (including, without limitation, negligence) or otherwise
|
|
||||||
for any direct, special, indirect, incidental, consequential, punitive, 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 liability provided above
|
c. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
|
||||||
shall be interpreted in a manner that, to the extent possible, most closely
|
|
||||||
approximates an absolute disclaimer and waiver of all liability.
|
|
||||||
|
|
||||||
Section 6 – Term and Termination.
|
Section 6 – Term and Termination.
|
||||||
|
|
||||||
a. This Public License applies for the term of the Copyright and Similar Rights
|
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.
|
||||||
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
|
b. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:
|
||||||
6(a), it reinstates:
|
|
||||||
|
|
||||||
1. automatically as of the date the violation is cured, provided it is cured
|
1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
|
||||||
within 30 days of Your discovery of the violation; or
|
|
||||||
|
|
||||||
2. upon express reinstatement by the Licensor.
|
2. upon express reinstatement by the Licensor.
|
||||||
|
|
||||||
For the avoidance of doubt, this Section 6(b) does not affect any right the
|
For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.
|
||||||
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
|
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.
|
||||||
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.
|
d. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.
|
||||||
|
|
||||||
Section 7 – Other Terms and Conditions.
|
Section 7 – Other Terms and Conditions.
|
||||||
|
|
||||||
a. The Licensor shall not be bound by any additional or different terms or
|
a. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
|
||||||
conditions communicated by You unless expressly agreed.
|
|
||||||
|
|
||||||
b. Any arrangements, understandings, or agreements regarding the Licensed
|
b. 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.
|
||||||
Material not stated herein are separate from and independent of the terms
|
|
||||||
and conditions of this Public License.
|
|
||||||
|
|
||||||
Section 8 – Interpretation.
|
Section 8 – Interpretation.
|
||||||
|
|
||||||
a. For the avoidance of doubt, this Public License does not, and shall not
|
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 could lawfully be made without permission under this Public License.
|
||||||
be interpreted to, reduce, limit, restrict, or impose conditions on any use
|
|
||||||
of the Licensed Material that could lawfully be made without permission under
|
|
||||||
this Public License.
|
|
||||||
|
|
||||||
b. To the extent possible, if any provision of this Public License is deemed
|
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.
|
||||||
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
|
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.
|
||||||
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
|
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.
|
||||||
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 a party to its public licenses. Notwithstanding, Creative
|
Creative Commons is not a 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 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.
|
||||||
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 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 creativecommons.org.
|
Creative Commons may be contacted at creativecommons.org.
|
||||||
|
|
|
@ -1,184 +1,73 @@
|
||||||
Creative Commons Attribution-NoDerivs 1.0
|
Creative Commons Attribution-NoDerivs 1.0
|
||||||
|
|
||||||
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
|
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS DRAFT LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
|
||||||
SERVICES. DISTRIBUTION OF THIS DRAFT LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT
|
|
||||||
RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS.
|
|
||||||
CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND
|
|
||||||
DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
|
|
||||||
|
|
||||||
License
|
License
|
||||||
|
|
||||||
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS
|
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE IS PROHIBITED.
|
||||||
PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR
|
|
||||||
OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS
|
|
||||||
LICENSE IS PROHIBITED.
|
|
||||||
|
|
||||||
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO
|
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
|
||||||
BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS
|
|
||||||
CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
|
|
||||||
|
|
||||||
1. Definitions
|
1. Definitions
|
||||||
|
|
||||||
a. "Collective Work" means a work, such as a periodical issue, anthology or
|
a. "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.
|
||||||
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.
|
|
||||||
|
|
||||||
b. "Derivative Work" means a work based upon the Work or upon the Work and
|
b. "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.
|
||||||
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.
|
|
||||||
|
|
||||||
c. "Licensor" means the individual or entity that offers the Work under the
|
c. "Licensor" means the individual or entity that offers the Work under the terms of this License.
|
||||||
terms of this License.
|
|
||||||
|
|
||||||
d. "Original Author" means the individual or entity who created the Work.
|
d. "Original Author" means the individual or entity who created the Work.
|
||||||
|
|
||||||
e. "Work" means the copyrightable work of authorship offered under the terms
|
e. "Work" means the copyrightable work of authorship offered under the terms of this License.
|
||||||
of this License.
|
|
||||||
|
|
||||||
f. "You" means an individual or entity exercising rights under this License
|
f. "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.
|
||||||
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.
|
|
||||||
|
|
||||||
2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
|
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.
|
||||||
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
|
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:
|
||||||
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:
|
|
||||||
|
|
||||||
a. to reproduce the Work, to incorporate the Work into one or more Collective
|
a. 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;
|
||||||
Works, and to reproduce the Work as incorporated in the Collective Works;
|
|
||||||
|
|
||||||
b. to distribute copies or phonorecords of, display publicly, perform publicly,
|
b. 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;
|
||||||
and perform publicly by means of a digital audio transmission the Work including
|
|
||||||
as incorporated in Collective Works;
|
|
||||||
|
|
||||||
The above rights may be exercised in all media and formats whether now known
|
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.
|
||||||
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.
|
|
||||||
|
|
||||||
4. Restrictions. The license granted in Section 3 above is expressly made
|
4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
|
||||||
subject to and limited by the following restrictions:
|
|
||||||
|
|
||||||
a. You may distribute, publicly display, publicly perform, or publicly digitally
|
a. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this 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 Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. 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 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 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 reference to such Licensor or the Original Author, as requested.
|
||||||
perform the Work only under the terms of this 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 Work that alter or restrict the terms of this License or the recipients'
|
|
||||||
exercise of the rights granted hereunder. You may not sublicense the Work.
|
|
||||||
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 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 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 reference to such Licensor or the Original
|
|
||||||
Author, as requested.
|
|
||||||
|
|
||||||
b. If you distribute, publicly display, publicly perform, or publicly digitally
|
b. If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Collective Works, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Work if supplied. Such credit may be implemented in any reasonable manner; provided, however, that in the case of a 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.
|
||||||
perform the Work or any Collective Works, You must keep intact all copyright
|
|
||||||
notices for the Work and give the Original Author credit reasonable to the
|
|
||||||
medium or means You are utilizing by conveying the name (or pseudonym if applicable)
|
|
||||||
of the Original Author if supplied; the title of the Work if supplied. Such
|
|
||||||
credit may be implemented in any reasonable manner; provided, however, that
|
|
||||||
in the case of a 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. Representations, Warranties and Disclaimer
|
5. Representations, Warranties and Disclaimer
|
||||||
|
|
||||||
a. By offering the Work for public release under this License, Licensor represents
|
a. By offering the Work for public release under this License, Licensor represents and warrants that, to the best of Licensor's knowledge after reasonable inquiry:
|
||||||
and warrants that, to the best of Licensor's knowledge after reasonable inquiry:
|
|
||||||
|
|
||||||
i. Licensor has secured all rights in the Work necessary to grant the license
|
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a. 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 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.
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upon any breach by You of the terms of this License. Individuals or entities
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a. Each time You distribute or publicly digitally perform the Work or a Collective
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a. 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.
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c. No term or provision of this License shall be deemed waived and no breach
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Creative Commons is not a party to this License, and makes no warranty whatsoever
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Creative Commons may be contacted at http://creativecommons.org/.
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Creative Commons may be contacted at http://creativecommons.org/.
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@ -1,204 +1,75 @@
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Creative Commons Attribution-NoDerivs 2.0
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Creative Commons Attribution-NoDerivs 2.0
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
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1. Definitions
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1. Definitions
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a. "Collective Work" means a work, such as a periodical issue, anthology or
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a. "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.
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encyclopedia, in which the Work in its entirety in unmodified form, along
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with a number of other contributions, constituting separate and independent
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works in themselves, are assembled into a collective whole. A work that constitutes
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a Collective Work will not be considered a Derivative Work (as defined below)
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for the purposes of this License.
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b. "Derivative Work" means a work based upon the Work or upon the Work and
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b. "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.
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other pre-existing works, such as a translation, musical arrangement, dramatization,
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fictionalization, motion picture version, sound recording, art reproduction,
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abridgment, condensation, or any other form in which the Work may be recast,
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transformed, or adapted, except that a work that constitutes a Collective
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Work will not be considered a Derivative Work for the purpose of this License.
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||||||
For the avoidance of doubt, where the Work is a musical composition or sound
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recording, the synchronization of the Work in timed-relation with a moving
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image ("synching") will be considered a Derivative Work for the purpose of
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this License.
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c. "Licensor" means the individual or entity that offers the Work under the
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c. "Licensor" means the individual or entity that offers the Work under the terms of this License.
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terms of this License.
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d. "Original Author" means the individual or entity who created the Work.
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d. "Original Author" means the individual or entity who created the Work.
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|
||||||
e. "Work" means the copyrightable work of authorship offered under the terms
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e. "Work" means the copyrightable work of authorship offered under the terms of this License.
|
||||||
of this License.
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|
||||||
f. "You" means an individual or entity exercising rights under this License
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f. "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.
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who has not previously violated the terms of this License with respect to
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the Work, or who has received express permission from the Licensor to exercise
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rights under this License despite a previous violation.
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2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
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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.
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||||||
or restrict any rights arising from fair use, first sale or other limitations
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on the exclusive rights of the copyright owner under copyright law or other
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applicable laws.
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3. License Grant. Subject to the terms and conditions of this License, Licensor
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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:
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||||||
hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for
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the duration of the applicable copyright) license to exercise the rights in
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the Work as stated below:
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||||||
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|
||||||
a. to reproduce the Work, to incorporate the Work into one or more Collective
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a. 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;
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Works, and to reproduce the Work as incorporated in the Collective Works;
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b. to distribute copies or phonorecords of, display publicly, perform publicly,
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b. 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.
|
||||||
and perform publicly by means of a digital audio transmission the Work including
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|
||||||
as incorporated in Collective Works.
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|
||||||
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|
||||||
c. For the avoidance of doubt, where the work is a musical composition:
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c. For the avoidance of doubt, where the work is a musical composition:
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||||||
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|
||||||
i. Performance Royalties Under Blanket Licenses. Licensor waives the exclusive
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i. Performance Royalties Under Blanket Licenses. Licensor waives 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.
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right to collect, whether individually or via a performance rights society
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(e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital
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performance (e.g. webcast) of the Work.
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|
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ii. Mechanical Rights and Statutory Royalties. Licensor waives the exclusive
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ii. Mechanical Rights and Statutory Royalties. Licensor waives the exclusive right to collect, whether individually or via a music rights society 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).
|
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right to collect, whether individually or via a music rights society or designated
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agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from
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the Work ("cover version") and distribute, subject to the compulsory license
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|
||||||
created by 17 USC Section 115 of the US Copyright Act (or the equivalent in
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||||||
other jurisdictions).
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|
||||||
d. Webcasting Rights and Statutory Royalties. For the avoidance of doubt,
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d. Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, Licensor waives 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).
|
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where the Work is a sound recording, Licensor waives the exclusive right to
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collect, whether individually or via a performance-rights society (e.g. SoundExchange),
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royalties for the public digital performance (e.g. webcast) of the Work, subject
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|
||||||
to the compulsory license created by 17 USC Section 114 of the US Copyright
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|
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Act (or the equivalent in other jurisdictions).
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||||||
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|
||||||
The above rights may be exercised in all media and formats whether now known
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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, but otherwise you have no rights to make Derivative Works. All rights not expressly granted by Licensor are hereby reserved.
|
||||||
or hereafter devised. The above rights include the right to make such modifications
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||||||
as are technically necessary to exercise the rights in other media and formats,
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||||||
but otherwise you have no rights to make Derivative Works. All rights not
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|
||||||
expressly granted by Licensor are hereby reserved.
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||||||
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|
||||||
4. Restrictions. The license granted in Section 3 above is expressly made
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4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
|
||||||
subject to and limited by the following restrictions:
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|
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a. You may distribute, publicly display, publicly perform, or publicly digitally
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a. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this 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 Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. 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 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 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 reference to such Licensor or the Original Author, as requested.
|
||||||
perform the Work only under the terms of this License, and You must include
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|
||||||
a copy of, or the Uniform Resource Identifier for, this License with every
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||||||
copy or phonorecord of the Work You distribute, publicly display, publicly
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||||||
perform, or publicly digitally perform. You may not offer or impose any terms
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on the Work that alter or restrict the terms of this License or the recipients'
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|
||||||
exercise of the rights granted hereunder. You may not sublicense the Work.
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You must keep intact all notices that refer to this License and to the disclaimer
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of warranties. You may not distribute, publicly display, publicly perform,
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||||||
or publicly digitally perform the Work with any technological measures that
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|
||||||
control access or use of the Work in a manner inconsistent with the terms
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|
||||||
of this License Agreement. The above applies to the Work as incorporated in
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|
||||||
a Collective Work, but this does not require the Collective Work apart from
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|
||||||
the Work itself to be made subject to the terms of this License. If You create
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|
||||||
a Collective Work, upon notice from any Licensor You must, to the extent practicable,
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|
||||||
remove from the Collective Work any reference to such Licensor or the Original
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|
||||||
Author, as requested.
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||||||
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|
||||||
b. If you distribute, publicly display, publicly perform, or publicly digitally
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b. If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or Collective Works, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Work if supplied; and to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work. Such credit may be implemented in any reasonable manner; provided, however, that in the case of a 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.
|
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perform the Work or Collective Works, You must keep intact all copyright notices
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for the Work and give the Original Author credit reasonable to the medium
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|
||||||
or means You are utilizing by conveying the name (or pseudonym if applicable)
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|
||||||
of the Original Author if supplied; the title of the Work if supplied; and
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|
||||||
to the extent reasonably practicable, the Uniform Resource Identifier, if
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|
||||||
any, that Licensor specifies to be associated with the Work, unless such URI
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|
||||||
does not refer to the copyright notice or licensing information for the Work.
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|
||||||
Such credit may be implemented in any reasonable manner; provided, however,
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|
||||||
that in the case of a Collective Work, at a minimum such credit will appear
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|
||||||
where any other comparable authorship credit appears and in a manner at least
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|
||||||
as prominent as such other comparable authorship credit.
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|
||||||
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|
||||||
5. Representations, Warranties and Disclaimer
|
5. Representations, Warranties and Disclaimer
|
||||||
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|
||||||
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS
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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 MATERIALS, 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.
|
||||||
THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING
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|
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THE MATERIALS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT
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|
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LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR
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|
||||||
PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY,
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|
||||||
OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS
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|
||||||
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT
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|
||||||
APPLY TO YOU.
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|
||||||
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|
||||||
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW,
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IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
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INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS
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LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY
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OF SUCH DAMAGES.
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|
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|
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a. This License and the rights granted hereunder will terminate automatically
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a. 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 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.
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b. Subject to the above terms and conditions, the license granted here is
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License), and this License will continue in full force and effect unless terminated
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a. Each time You distribute or publicly digitally perform the Work, the Licensor
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a. Each time You distribute or publicly digitally perform 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.
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Creative Commons may be contacted at http://creativecommons.org/.
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Creative Commons may be contacted at http://creativecommons.org/.
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@ -1,277 +1,87 @@
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Creative Commons Attribution-NoDerivs 3.0 Unported
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
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1. Definitions
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1. Definitions
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a. "Adaptation" means a work based upon the Work, or upon the Work and other
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a. "Adaptation" means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work that constitutes a Collection will not be considered an Adaptation for the purpose of this License. For the avoidance of doubt, where the Work is a musical work, performance or phonogram, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered an Adaptation for the purpose of this License.
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pre-existing works, such as a translation, adaptation, derivative work, arrangement
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of music or other alterations of a literary or artistic work, or phonogram
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or performance and includes cinematographic adaptations or any other form
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in which the Work may be recast, transformed, or adapted including in any
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form recognizably derived from the original, except that a work that constitutes
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a Collection will not be considered an Adaptation for the purpose of this
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License. For the avoidance of doubt, where the Work is a musical work, performance
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or phonogram, the synchronization of the Work in timed-relation with a moving
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image ("synching") will be considered an Adaptation for the purpose of this
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License.
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b. "Collection" means a collection of literary or artistic works, such as
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b. "Collection" means a collection of literary or artistic works, such as encyclopedias and anthologies, or performances, phonograms or broadcasts, or other works or subject matter other than works listed in Section 1(f) below, which, by reason of the selection and arrangement of their contents, constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each constituting separate and independent works in themselves, which together are assembled into a collective whole. A work that constitutes a Collection will not be considered an Adaptation (as defined above) for the purposes of this License.
|
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encyclopedias and anthologies, or performances, phonograms or broadcasts,
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or other works or subject matter other than works listed in Section 1(f) below,
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which, by reason of the selection and arrangement of their contents, constitute
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intellectual creations, in which the Work is included in its entirety in unmodified
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form along with one or more other contributions, each constituting separate
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and independent works in themselves, which together are assembled into a collective
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whole. A work that constitutes a Collection will not be considered an Adaptation
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||||||
(as defined above) for the purposes of this License.
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||||||
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|
||||||
c. "Distribute" means to make available to the public the original and copies
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c. "Distribute" means to make available to the public the original and copies of the Work through sale or other transfer of ownership.
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of the Work through sale or other transfer of ownership.
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d. "Licensor" means the individual, individuals, entity or entities that offer(s)
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d. "Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this License.
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the Work under the terms of this License.
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e. "Original Author" means, in the case of a literary or artistic work, the
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e. "Original Author" means, in the case of a literary or artistic work, the individual, individuals, entity or entities who created the Work or if no individual or entity can be identified, the publisher; and in addition (i) in the case of a performance the actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary or artistic works or expressions of folklore; (ii) in the case of a phonogram the producer being the person or legal entity who first fixes the sounds of a performance or other sounds; and, (iii) in the case of broadcasts, the organization that transmits the broadcast.
|
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individual, individuals, entity or entities who created the Work or if no
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individual or entity can be identified, the publisher; and in addition (i)
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in the case of a performance the actors, singers, musicians, dancers, and
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other persons who act, sing, deliver, declaim, play in, interpret or otherwise
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|
||||||
perform literary or artistic works or expressions of folklore; (ii) in the
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|
||||||
case of a phonogram the producer being the person or legal entity who first
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|
||||||
fixes the sounds of a performance or other sounds; and, (iii) in the case
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|
||||||
of broadcasts, the organization that transmits the broadcast.
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|
||||||
f. "Work" means the literary and/or artistic work offered under the terms
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f. "Work" means the literary and/or artistic work offered under the terms of this License including without limitation any production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression including digital form, such as a book, pamphlet and other writing; a lecture, address, sermon or other work of the same nature; a dramatic or dramatico-musical work; a choreographic work or entertainment in dumb show; a musical composition with or without words; a cinematographic work to which are assimilated works expressed by a process analogous to cinematography; a work of drawing, painting, architecture, sculpture, engraving or lithography; a photographic work to which are assimilated works expressed by a process analogous to photography; a work of applied art; an illustration, map, plan, sketch or three-dimensional work relative to geography, topography, architecture or science; a performance; a broadcast; a phonogram; a compilation of data to the extent it is protected as a copyrightable work; or a work performed by a variety or circus performer to the extent it is not otherwise considered a literary or artistic work.
|
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of this License including without limitation any production in the literary,
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scientific and artistic domain, whatever may be the mode or form of its expression
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|
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including digital form, such as a book, pamphlet and other writing; a lecture,
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|
||||||
address, sermon or other work of the same nature; a dramatic or dramatico-musical
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|
||||||
work; a choreographic work or entertainment in dumb show; a musical composition
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|
||||||
with or without words; a cinematographic work to which are assimilated works
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|
||||||
expressed by a process analogous to cinematography; a work of drawing, painting,
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|
||||||
architecture, sculpture, engraving or lithography; a photographic work to
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|
||||||
which are assimilated works expressed by a process analogous to photography;
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|
||||||
a work of applied art; an illustration, map, plan, sketch or three-dimensional
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|
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work relative to geography, topography, architecture or science; a performance;
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|
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a broadcast; a phonogram; a compilation of data to the extent it is protected
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as a copyrightable work; or a work performed by a variety or circus performer
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||||||
to the extent it is not otherwise considered a literary or artistic work.
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|
||||||
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|
||||||
g. "You" means an individual or entity exercising rights under this License
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g. "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.
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who has not previously violated the terms of this License with respect to
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the Work, or who has received express permission from the Licensor to exercise
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rights under this License despite a previous violation.
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h. "Publicly Perform" means to perform public recitations of the Work and
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h. "Publicly Perform" means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performances; to make available to the public Works in such a way that 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 means or process and the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any means including signs, sounds or images.
|
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to communicate to the public those public recitations, by any means or process,
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including by wire or wireless means or public digital performances; to make
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available to the public Works in such a way that members of the public may
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access these Works from a place and at a place individually chosen by them;
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to perform the Work to the public by any means or process and the communication
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to the public of the performances of the Work, including by public digital
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|
||||||
performance; to broadcast and rebroadcast the Work by any means including
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|
||||||
signs, sounds or images.
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|
||||||
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|
||||||
i. "Reproduce" means to make copies of the Work by any means including without
|
i. "Reproduce" means to make copies of the Work by any means including without limitation by sound or visual recordings and the right of fixation and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or other electronic medium.
|
||||||
limitation by sound or visual recordings and the right of fixation and reproducing
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||||||
fixations of the Work, including storage of a protected performance or phonogram
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|
||||||
in digital form or other electronic medium.
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|
||||||
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|
||||||
2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit,
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2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.
|
||||||
or restrict any uses free from copyright or rights arising from limitations
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||||||
or exceptions that are provided for in connection with the copyright protection
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||||||
under copyright law or other applicable laws.
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|
||||||
3. License Grant. Subject to the terms and conditions of this License, Licensor
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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:
|
||||||
hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for
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||||||
the duration of the applicable copyright) license to exercise the rights in
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the Work as stated below:
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|
||||||
a. to Reproduce the Work, to incorporate the Work into one or more Collections,
|
a. to Reproduce the Work, to incorporate the Work into one or more Collections, and to Reproduce the Work as incorporated in the Collections; and,
|
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and to Reproduce the Work as incorporated in the Collections; and,
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|
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b. to Distribute and Publicly Perform the Work including as incorporated in
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b. to Distribute and Publicly Perform the Work including as incorporated in Collections.
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||||||
Collections.
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|
||||||
c. For the avoidance of doubt:
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c. For the avoidance of doubt:
|
||||||
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|
||||||
i. Non-waivable Compulsory License Schemes. In those jurisdictions in which
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i. Non-waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme cannot be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by You of the rights granted under this License;
|
||||||
the right to collect royalties through any statutory or compulsory licensing
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scheme cannot be waived, the Licensor reserves the exclusive right to collect
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such royalties for any exercise by You of the rights granted under this License;
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ii. Waivable Compulsory License Schemes. In those jurisdictions in which the
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ii. Waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme can be waived, the Licensor waives the exclusive right to collect such royalties for any exercise by You of the rights granted under this License; and,
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||||||
right to collect royalties through any statutory or compulsory licensing scheme
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can be waived, the Licensor waives the exclusive right to collect such royalties
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for any exercise by You of the rights granted under this License; and,
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iii. Voluntary License Schemes. The Licensor waives the right to collect royalties,
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iii. Voluntary License Schemes. The Licensor waives the right to collect royalties, whether individually or, in the event that the Licensor is a member of a collecting society that administers voluntary licensing schemes, via that society, from any exercise by You of the rights granted under this License.
|
||||||
whether individually or, in the event that the Licensor is a member of a collecting
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society that administers voluntary licensing schemes, via that society, from
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|
||||||
any exercise by You of the rights granted under this License.
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|
||||||
The above rights may be exercised in all media and formats whether now known
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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, but otherwise you have no rights to make Adaptations. Subject to Section 8(f), all rights not expressly granted by Licensor are hereby reserved.
|
||||||
or hereafter devised. The above rights include the right to make such modifications
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|
||||||
as are technically necessary to exercise the rights in other media and formats,
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|
||||||
but otherwise you have no rights to make Adaptations. Subject to Section 8(f),
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|
||||||
all rights not expressly granted by Licensor are hereby reserved.
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|
||||||
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|
||||||
4. Restrictions. The license granted in Section 3 above is expressly made
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4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
|
||||||
subject to and limited by the following restrictions:
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|
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|
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a. You may Distribute or Publicly Perform the Work only under the terms of
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a. You may Distribute or Publicly Perform 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 every copy of the Work You Distribute or Publicly Perform. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties with every copy of the Work You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work, You may not impose any effective technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License. This Section 4(a) applies to the Work as incorporated in a Collection, but this does not require the Collection apart from the Work itself to be made subject to the terms of this License. If You create a Collection, upon notice from any Licensor You must, to the extent practicable, remove from the Collection any credit as required by Section 4(b), as requested.
|
||||||
this License. You must include a copy of, or the Uniform Resource Identifier
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|
||||||
(URI) for, this License with every copy of the Work You Distribute or Publicly
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Perform. You may not offer or impose any terms on the Work that restrict the
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|
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terms of this License or the ability of the recipient of the Work to exercise
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the rights granted to that recipient under the terms of the License. You may
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|
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not sublicense the Work. You must keep intact all notices that refer to this
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License and to the disclaimer of warranties with every copy of the Work You
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|
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Distribute or Publicly Perform. When You Distribute or Publicly Perform the
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|
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Work, You may not impose any effective technological measures on the Work
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|
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that restrict the ability of a recipient of the Work from You to exercise
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|
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the rights granted to that recipient under the terms of the License. This
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|
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Section 4(a) applies to the Work as incorporated in a Collection, but this
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|
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does not require the Collection apart from the Work itself to be made subject
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|
||||||
to the terms of this License. If You create a Collection, upon notice from
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|
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any Licensor You must, to the extent practicable, remove from the Collection
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c. Effective Technological Measures means those measures that, in the absence
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i. Sui Generis Database Rights means rights other than copyright resulting
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|
||||||
March 1996 on the legal protection of databases, as amended and/or succeeded,
|
|
||||||
as well as other essentially equivalent rights anywhere in the world.
|
|
||||||
|
|
||||||
j. You means the individual or entity exercising the Licensed Rights under
|
j. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.
|
||||||
this Public License. Your has a corresponding meaning.
|
|
||||||
|
|
||||||
Section 2 – Scope.
|
Section 2 – Scope.
|
||||||
|
|
||||||
a. License grant.
|
a. License grant.
|
||||||
|
|
||||||
1. Subject to the terms and conditions of this Public License, the Licensor
|
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:
|
||||||
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, in whole or in part; and
|
A. reproduce and Share the Licensed Material, in whole or in part; and
|
||||||
|
|
||||||
B. produce and reproduce, but not Share, Adapted Material.
|
B. produce and reproduce, but not Share, Adapted Material.
|
||||||
|
|
||||||
2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions
|
2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
|
||||||
and Limitations apply to Your use, this Public License does not apply, 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).
|
3. Term. The term of this Public License is specified in Section 6(a).
|
||||||
|
|
||||||
4. Media and formats; technical modifications allowed. The Licensor authorizes
|
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.
|
||||||
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.
|
5. Downstream recipients.
|
||||||
|
|
||||||
A. Offer from the Licensor – Licensed Material. Every recipient of the Licensed
|
A. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.
|
||||||
Material automatically receives an offer from the Licensor to exercise the
|
|
||||||
Licensed Rights under the terms and conditions of this Public License.
|
|
||||||
|
|
||||||
B. No downstream restrictions. You may not offer or impose any additional
|
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 if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
|
||||||
or different terms or conditions on, or apply any Effective Technological
|
|
||||||
Measures to, the Licensed Material if doing so restricts exercise of the Licensed
|
|
||||||
Rights by any recipient of the Licensed Material.
|
|
||||||
|
|
||||||
6. No endorsement. Nothing in this Public License constitutes or may be construed
|
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).
|
||||||
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.
|
b. Other rights.
|
||||||
|
|
||||||
1. Moral rights, such as the right of integrity, are not licensed under this
|
1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or 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.
|
||||||
Public License, nor are publicity, privacy, and/or 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.
|
2. Patent and trademark rights are not licensed under this Public License.
|
||||||
|
|
||||||
3. To the extent possible, the Licensor waives any right to collect royalties
|
3. To the extent possible, the Licensor waives any 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 any right to collect such 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 any right
|
|
||||||
to collect such royalties.
|
|
||||||
|
|
||||||
Section 3 – License Conditions.
|
Section 3 – License Conditions.
|
||||||
|
|
||||||
Your exercise of the Licensed Rights is expressly made subject to the following
|
Your exercise of the Licensed Rights is expressly made subject to the following conditions.
|
||||||
conditions.
|
|
||||||
|
|
||||||
a. Attribution.
|
a. Attribution.
|
||||||
|
|
||||||
1. If You Share the Licensed Material, You must:
|
1. If You Share the Licensed Material, You must:
|
||||||
|
|
||||||
A. retain the following if it is supplied by the Licensor with the Licensed
|
A. retain the following if it is supplied by the Licensor with the Licensed Material:
|
||||||
Material:
|
|
||||||
|
|
||||||
i. identification of the creator(s) of the Licensed Material and any others
|
i. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
|
||||||
designated to receive attribution, in any reasonable manner requested by the
|
|
||||||
Licensor (including by pseudonym if designated);
|
|
||||||
|
|
||||||
ii. a copyright notice;
|
ii. a copyright notice;
|
||||||
|
|
||||||
|
@ -187,133 +86,69 @@ Licensor (including by pseudonym if designated);
|
||||||
|
|
||||||
iv. a notice that refers to the disclaimer of warranties;
|
iv. a notice that refers to the disclaimer of warranties;
|
||||||
|
|
||||||
v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
|
v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
|
||||||
|
|
||||||
B. indicate if You modified the Licensed Material and retain an indication
|
B. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
|
||||||
of any previous modifications; and
|
|
||||||
|
|
||||||
C. indicate the Licensed Material is licensed under this Public License, 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.
|
||||||
include the text of, or the URI or hyperlink to, this Public License.
|
|
||||||
|
|
||||||
2. For the avoidance of doubt, You do not have permission under this Public
|
2. For the avoidance of doubt, You do not have permission under this Public License to Share Adapted Material.
|
||||||
License to Share Adapted Material.
|
|
||||||
|
|
||||||
3. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner
|
3. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
|
||||||
based on the medium, means, and context in which You Share the Licensed Material.
|
|
||||||
For example, it may be reasonable to satisfy the conditions by providing a
|
|
||||||
URI or hyperlink to a resource that includes the required information.
|
|
||||||
|
|
||||||
4. If requested by the Licensor, You must remove any of the information required
|
4. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
|
||||||
by Section 3(a)(1)(A) to the extent reasonably practicable.
|
|
||||||
|
|
||||||
Section 4 – Sui Generis Database Rights.
|
Section 4 – Sui Generis Database Rights.
|
||||||
|
|
||||||
Where the Licensed Rights include Sui Generis Database Rights that apply to
|
Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:
|
||||||
Your use of the Licensed Material:
|
|
||||||
|
|
||||||
a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract,
|
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, provided You do not Share Adapted Material;
|
||||||
reuse, reproduce, and Share all or a substantial portion of the contents of
|
|
||||||
the database, provided You do not Share Adapted Material;
|
|
||||||
|
|
||||||
b. if You include all or a substantial portion of the database contents in
|
b. 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; and
|
||||||
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; and
|
|
||||||
|
|
||||||
c. You must comply with the conditions in Section 3(a) if You Share all or
|
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.
|
||||||
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.
|
||||||
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.
|
Section 5 – Disclaimer of Warranties and Limitation of Liability.
|
||||||
|
|
||||||
a. Unless otherwise separately undertaken by the Licensor, to the extent possible,
|
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, whether express, implied, statutory, or other. 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.
|
||||||
the Licensor offers the Licensed Material as-is and as-available, and makes
|
|
||||||
no representations or warranties of any kind concerning the Licensed Material,
|
|
||||||
whether express, implied, statutory, or other. 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
|
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, 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.
|
||||||
on any legal theory (including, without limitation, negligence) or otherwise
|
|
||||||
for any direct, special, indirect, incidental, consequential, punitive, 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 liability provided above
|
c. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
|
||||||
shall be interpreted in a manner that, to the extent possible, most closely
|
|
||||||
approximates an absolute disclaimer and waiver of all liability.
|
|
||||||
|
|
||||||
Section 6 – Term and Termination.
|
Section 6 – Term and Termination.
|
||||||
|
|
||||||
a. This Public License applies for the term of the Copyright and Similar Rights
|
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.
|
||||||
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
|
b. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:
|
||||||
6(a), it reinstates:
|
|
||||||
|
|
||||||
1. automatically as of the date the violation is cured, provided it is cured
|
1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
|
||||||
within 30 days of Your discovery of the violation; or
|
|
||||||
|
|
||||||
2. upon express reinstatement by the Licensor.
|
2. upon express reinstatement by the Licensor.
|
||||||
|
|
||||||
c. For the avoidance of doubt, this Section 6(b) does not affect any right
|
c. For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.
|
||||||
the Licensor may have to seek remedies for Your violations of this Public
|
|
||||||
License.
|
|
||||||
|
|
||||||
d. For the avoidance of doubt, the Licensor may also offer the Licensed Material
|
d. 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.
|
||||||
under separate terms or conditions or stop distributing the Licensed Material
|
|
||||||
at any time; however, doing so will not terminate this Public License.
|
|
||||||
|
|
||||||
e. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.
|
e. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.
|
||||||
|
|
||||||
Section 7 – Other Terms and Conditions.
|
Section 7 – Other Terms and Conditions.
|
||||||
|
|
||||||
a. The Licensor shall not be bound by any additional or different terms or
|
a. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
|
||||||
conditions communicated by You unless expressly agreed.
|
|
||||||
|
|
||||||
b. Any arrangements, understandings, or agreements regarding the Licensed
|
b. 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.
|
||||||
Material not stated herein are separate from and independent of the terms
|
|
||||||
and conditions of this Public License.
|
|
||||||
|
|
||||||
Section 8 – Interpretation.
|
Section 8 – Interpretation.
|
||||||
|
|
||||||
a. For the avoidance of doubt, this Public License does not, and shall not
|
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 could lawfully be made without permission under this Public License.
|
||||||
be interpreted to, reduce, limit, restrict, or impose conditions on any use
|
|
||||||
of the Licensed Material that could lawfully be made without permission under
|
|
||||||
this Public License.
|
|
||||||
|
|
||||||
b. To the extent possible, if any provision of this Public License is deemed
|
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.
|
||||||
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
|
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.
|
||||||
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
|
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.
|
||||||
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 a party to its public licenses. Notwithstanding, Creative
|
Creative Commons is not a 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 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.
|
||||||
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 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 creativecommons.org.
|
Creative Commons may be contacted at creativecommons.org.
|
||||||
|
|
|
@ -1,215 +1,81 @@
|
||||||
Creative Commons Attribution-ShareAlike 1.0
|
Creative Commons Attribution-ShareAlike 1.0
|
||||||
|
|
||||||
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
|
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS DRAFT LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
|
||||||
SERVICES. DISTRIBUTION OF THIS DRAFT LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT
|
|
||||||
RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS.
|
|
||||||
CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND
|
|
||||||
DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
|
|
||||||
|
|
||||||
License
|
License
|
||||||
|
|
||||||
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS
|
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE IS PROHIBITED.
|
||||||
PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR
|
|
||||||
OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS
|
|
||||||
LICENSE IS PROHIBITED.
|
|
||||||
|
|
||||||
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO
|
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
|
||||||
BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS
|
|
||||||
CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
|
|
||||||
|
|
||||||
1. Definitions
|
1. Definitions
|
||||||
|
|
||||||
a. "Collective Work" means a work, such as a periodical issue, anthology or
|
a. "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.
|
||||||
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.
|
|
||||||
|
|
||||||
b. "Derivative Work" means a work based upon the Work or upon the Work and
|
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d. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works;
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a. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this 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 Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. 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 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 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 reference to such Licensor or the Original Author, as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any reference to such Licensor or the Original Author, as requested.
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perform the Work only under the terms of this License, and You must include
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a Collective Work, upon notice from any Licensor You must, to the extent practicable,
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remove from the Collective Work any reference to such Licensor or the Original
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Author, as requested. If You create a Derivative Work, upon notice from any
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Licensor You must, to the extent practicable, remove from the Derivative Work
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any reference to such Licensor or the Original Author, as requested.
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b. You may distribute, publicly display, publicly perform, or publicly digitally perform a Derivative Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License 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.
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perform a Derivative Work only under the terms of this License, and You must
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include a copy of, or the Uniform Resource Identifier for, this License with
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every copy or phonorecord of each Derivative Work You distribute, publicly
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display, publicly perform, or publicly digitally perform. You may not offer
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or impose any terms on the Derivative Works that alter or restrict the terms
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of this License or the recipients' exercise of the rights granted hereunder,
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and You must keep intact all notices that refer to this License and to the
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disclaimer of warranties. You may not distribute, publicly display, publicly
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perform, or publicly digitally perform the Derivative Work with any technological
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measures that control access or use of the Work in a manner inconsistent with
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the terms of this License Agreement. The above applies to the Derivative Work
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as incorporated in a Collective Work, but this does not require the Collective
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Work apart from the Derivative Work itself to be made subject to the terms
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of this License.
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c. If you distribute, publicly display, publicly perform, or publicly digitally
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c. If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Work if supplied; in the case of a 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.
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perform the Work or any Derivative Works or Collective Works, You must keep
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intact all copyright notices for the Work and give the Original Author credit
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reasonable to the medium or means You are utilizing by conveying the name
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(or pseudonym if applicable) of the Original Author if supplied; the title
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of the Work if supplied; in the case of a Derivative Work, a credit identifying
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the use of the Work in the Derivative Work (e.g., "French translation of the
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Work by Original Author," or "Screenplay based on original Work by Original
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||||||
Author"). Such credit may be implemented in any reasonable manner; provided,
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||||||
however, that in the case of a Derivative Work or Collective Work, at a minimum
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such credit will appear where any other comparable authorship credit appears
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and in a manner at least as prominent as such other comparable authorship
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||||||
credit.
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a. By offering the Work for public release under this License, Licensor represents
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i. Licensor has secured all rights in the Work necessary to grant the license rights hereunder and to permit the lawful exercise of the rights granted hereunder without You having any obligation to pay any royalties, compulsory license fees, residuals or any other payments;
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TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE
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|
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|
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a. This License and the rights granted hereunder will terminate automatically
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a. 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.
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||||||
upon any breach by You of the terms of this License. Individuals or entities
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who have received Derivative Works or Collective Works from You under this
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|
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b. Subject to the above terms and conditions, the license granted here is
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as stated above.
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8. Miscellaneous
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a. Each time You distribute or publicly digitally perform the Work or a Collective
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a. 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.
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Work, the Licensor offers to the recipient a license to the Work on the same
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b. 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.
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c. If any provision of this License is invalid or unenforceable under applicable
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c. 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.
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the terms of this License, and without further action by the parties to this
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agreement, such provision shall be reformed to the minimum extent necessary
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d. No term or provision of this License shall be deemed waived and no breach
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e. This License constitutes the entire agreement between the parties with
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Creative Commons is not a party to this License, and makes no warranty whatsoever
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Except for the limited purpose of indicating to the public that the Work is
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||||||
Creative Commons may be contacted at http://creativecommons.org/.
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Creative Commons may be contacted at http://creativecommons.org/.
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@ -1,241 +1,85 @@
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Creative Commons Attribution-ShareAlike 2.0
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Creative Commons Attribution-ShareAlike 2.0
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
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1. Definitions
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1. Definitions
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||||||
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|
||||||
a. "Collective Work" means a work, such as a periodical issue, anthology or
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a. "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.
|
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encyclopedia, in which the Work in its entirety in unmodified form, along
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with a number of other contributions, constituting separate and independent
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works in themselves, are assembled into a collective whole. A work that constitutes
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a Collective Work will not be considered a Derivative Work (as defined below)
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|
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for the purposes of this License.
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|
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b. "Derivative Work" means a work based upon the Work or upon the Work and
|
b. "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.
|
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perform the Work or any Derivative Works or Collective Works, You must keep
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|
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS
|
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENCE ("CCPL" OR "LICENCE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENCE OR COPYRIGHT LAW IS PROHIBITED. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
|
||||||
PUBLIC LICENCE ("CCPL" OR "LICENCE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR
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|
||||||
OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS
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|
||||||
LICENCE OR COPYRIGHT LAW IS PROHIBITED. BY EXERCISING ANY RIGHTS TO THE WORK
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|
||||||
PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE.
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|
||||||
THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR
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|
||||||
ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
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|
||||||
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|
||||||
This Creative Commons England and Wales Public Licence enables You (all capitalised
|
This Creative Commons England and Wales Public Licence enables You (all capitalised terms defined below) to view, edit, modify, translate and distribute Works worldwide, under the terms of this licence, provided that You credit the Original Author.
|
||||||
terms defined below) to view, edit, modify, translate and distribute Works
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|
||||||
worldwide, under the terms of this licence, provided that You credit the Original
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|
||||||
Author.
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|
||||||
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|
||||||
'The Licensor' [one or more legally recognised persons or entities offering
|
'The Licensor' [one or more legally recognised persons or entities offering the Work under the terms and conditions of this Licence]
|
||||||
the Work under the terms and conditions of this Licence]
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|
||||||
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|
||||||
and
|
and
|
||||||
|
|
||||||
|
@ -32,39 +18,25 @@ agree as follows:
|
||||||
|
|
||||||
1. Definitions
|
1. Definitions
|
||||||
|
|
||||||
a. "Attribution" means acknowledging all the parties who have contributed
|
a. "Attribution" means acknowledging all the parties who have contributed to and have rights in the Work or Collective Work under this Licence.
|
||||||
to and have rights in the Work or Collective Work under this Licence.
|
|
||||||
|
|
||||||
b. "Collective Work" means the Work in its entirety in unmodified form along
|
b. "Collective Work" means the Work in its entirety in unmodified form along with a number of other separate and independent works, assembled into a collective whole.
|
||||||
with a number of other separate and independent works, assembled into a collective
|
|
||||||
whole.
|
|
||||||
|
|
||||||
c. "Derivative Work" means any work created by the editing, modification,
|
c. "Derivative Work" means any work created by the editing, modification, adaptation or translation of the Work in any media (however a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this Licence). 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 Licence.
|
||||||
adaptation or translation of the Work in any media (however a work that constitutes
|
|
||||||
a Collective Work will not be considered a Derivative Work for the purpose
|
|
||||||
of this Licence). 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 Licence.
|
|
||||||
|
|
||||||
d. "Licence" means this Creative Commons England and Wales Public Licence
|
d. "Licence" means this Creative Commons England and Wales Public Licence agreement.
|
||||||
agreement.
|
|
||||||
|
|
||||||
e. "Licence Elements" means the following high-level licence attributes indicated
|
e. "Licence Elements" means the following high-level licence attributes indicated in the title of this Licence: Attribution, Share-Alike.
|
||||||
in the title of this Licence: Attribution, Share-Alike.
|
|
||||||
|
|
||||||
f. "Original Author" means the individual (or entity) who created the Work.
|
f. "Original Author" means the individual (or entity) who created the Work.
|
||||||
|
|
||||||
g. "Work" means the work protected by copyright which is offered under the
|
g. "Work" means the work protected by copyright which is offered under the terms of this Licence.
|
||||||
terms of this Licence.
|
|
||||||
|
|
||||||
h. For the purpose of this Licence, when not inconsistent with the context,
|
h. For the purpose of this Licence, when not inconsistent with the context, words in the singular number include the plural number.
|
||||||
words in the singular number include the plural number.
|
|
||||||
|
|
||||||
2. Licence Terms
|
2. Licence Terms
|
||||||
|
|
||||||
2.1 The Licensor hereby grants to You a worldwide, royalty-free, non-exclusive,
|
2.1 The Licensor hereby grants to You a worldwide, royalty-free, non-exclusive, Licence for use and for the duration of copyright in the Work.
|
||||||
Licence for use and for the duration of copyright in the Work.
|
|
||||||
|
|
||||||
You may:
|
You may:
|
||||||
|
|
||||||
|
@ -74,50 +46,31 @@ You may:
|
||||||
|
|
||||||
* incorporate the Work into one or more Collective Works;
|
* incorporate the Work into one or more Collective Works;
|
||||||
|
|
||||||
* copy Derivative Works or the Work as incorporated in any Collective Work;
|
* copy Derivative Works or the Work as incorporated in any Collective Work; and
|
||||||
and
|
|
||||||
|
|
||||||
* publish, distribute, archive, perform or otherwise disseminate the Work
|
* publish, distribute, archive, perform or otherwise disseminate the Work or the Work as incorporated in any Collective Work, to the public in any material form in any media whether now known or hereafter created.
|
||||||
or the Work as incorporated in any Collective Work, to the public in any material
|
|
||||||
form in any media whether now known or hereafter created.
|
|
||||||
|
|
||||||
HOWEVER,
|
HOWEVER,
|
||||||
|
|
||||||
You must not:
|
You must not:
|
||||||
|
|
||||||
* impose any terms on the use to be made of the Work, the Derivative Work
|
* impose any terms on the use to be made of the Work, the Derivative Work or the Work as incorporated in a Collective Work that alter or restrict the terms of this Licence or any rights granted under it or has the effect or intent of restricting the ability to exercise those rights;
|
||||||
or the Work as incorporated in a Collective Work that alter or restrict the
|
|
||||||
terms of this Licence or any rights granted under it or has the effect or
|
|
||||||
intent of restricting the ability to exercise those rights;
|
|
||||||
|
|
||||||
* impose any digital rights management technology on the Work or the Work
|
* impose any digital rights management technology on the Work or the Work as incorporated in a Collective Work that alters or restricts the terms of this Licence or any rights granted under it or has the effect or intent of restricting the ability to exercise those rights;
|
||||||
as incorporated in a Collective Work that alters or restricts the terms of
|
|
||||||
this Licence or any rights granted under it or has the effect or intent of
|
|
||||||
restricting the ability to exercise those rights;
|
|
||||||
|
|
||||||
* sublicense the Work;
|
* sublicense the Work;
|
||||||
|
|
||||||
* subject the Work to any derogatory treatment as defined in the Copyright,
|
* subject the Work to any derogatory treatment as defined in the Copyright, Designs and Patents Act 1988.
|
||||||
Designs and Patents Act 1988.
|
|
||||||
|
|
||||||
FINALLY,
|
FINALLY,
|
||||||
|
|
||||||
You must:
|
You must:
|
||||||
|
|
||||||
* make reference to this Licence (by Uniform Resource Identifier (URI), spoken
|
* make reference to this Licence (by Uniform Resource Identifier (URI), spoken word or as appropriate to the media used) on all copies of the Work and Collective Works published, distributed, performed or otherwise disseminated or made available to the public by You;
|
||||||
word or as appropriate to the media used) on all copies of the Work and Collective
|
|
||||||
Works published, distributed, performed or otherwise disseminated or made
|
|
||||||
available to the public by You;
|
|
||||||
|
|
||||||
* recognise the Licensor's / Original Author's right of attribution in any
|
* recognise the Licensor's / Original Author's right of attribution in any Work and Collective Work that You publish, distribute, perform or otherwise disseminate to the public and ensure that You credit the Licensor / Original Author as appropriate to the media used; and
|
||||||
Work and Collective Work that You publish, distribute, perform or otherwise
|
|
||||||
disseminate to the public and ensure that You credit the Licensor / Original
|
|
||||||
Author as appropriate to the media used; and
|
|
||||||
|
|
||||||
* to the extent reasonably practicable, keep intact all notices that refer
|
* to the extent reasonably practicable, keep intact all notices that refer to this Licence, in particular the URI, if any, that the Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work.
|
||||||
to this Licence, in particular the URI, if any, that the Licensor specifies
|
|
||||||
to be associated with the Work, unless such URI does not refer to the copyright
|
|
||||||
notice or licensing information for the Work.
|
|
||||||
|
|
||||||
Additional Provisions for third parties making use of the Work
|
Additional Provisions for third parties making use of the Work
|
||||||
|
|
||||||
|
@ -131,9 +84,7 @@ Each time You publish, distribute, perform or otherwise disseminate
|
||||||
|
|
||||||
* the Work as incorporated in a Collective Work
|
* the Work as incorporated in a Collective Work
|
||||||
|
|
||||||
the Licensor agrees to offer to the relevant third party making use of the
|
the Licensor agrees to offer to the relevant third party making use of the Work (in any of the alternatives set out above) a licence to use the Work on the same terms and conditions as granted to You hereunder.
|
||||||
Work (in any of the alternatives set out above) a licence to use the Work
|
|
||||||
on the same terms and conditions as granted to You hereunder.
|
|
||||||
|
|
||||||
2.3. Further licence from You
|
2.3. Further licence from You
|
||||||
|
|
||||||
|
@ -143,106 +94,54 @@ Each time You publish, distribute, perform or otherwise disseminate
|
||||||
|
|
||||||
* a Derivative Work as incorporated in a Collective Work
|
* a Derivative Work as incorporated in a Collective Work
|
||||||
|
|
||||||
You agree to offer to the relevant third party making use of the Work (in
|
You agree to offer to the relevant third party making use of the Work (in either of the alternatives set out above) a licence to use the Derivative Work on any of the following premises:
|
||||||
either of the alternatives set out above) a licence to use the Derivative
|
|
||||||
Work on any of the following premises:
|
|
||||||
|
|
||||||
* a licence to the Derivative Work on the same terms and conditions as the
|
* a licence to the Derivative Work on the same terms and conditions as the licence granted to You hereunder; or
|
||||||
licence granted to You hereunder; or
|
|
||||||
|
|
||||||
* a later version of the licence granted to You hereunder; or
|
* a later version of the licence granted to You hereunder; or
|
||||||
|
|
||||||
* any other Creative Commons licence with the same Licence Elements.
|
* any other Creative Commons licence with the same Licence Elements.
|
||||||
|
|
||||||
2.4. This Licence does not affect any rights that the User may have under
|
2.4. This Licence does not affect any rights that the User may have under any applicable law, including fair use, fair dealing or any other legally recognised limitation or exception to copyright infringement.
|
||||||
any applicable law, including fair use, fair dealing or any other legally
|
|
||||||
recognised limitation or exception to copyright infringement.
|
|
||||||
|
|
||||||
2.5. All rights not expressly granted by the Licensor are hereby reserved,
|
2.5. All rights not expressly granted by the Licensor are hereby reserved, including but not limited to, the exclusive right to collect, whether individually or via a licensing body, such as a collecting society, royalties for any use of the Work which results in commercial advantage or private monetary compensation.
|
||||||
including but not limited to, the exclusive right to collect, whether individually
|
|
||||||
or via a licensing body, such as a collecting society, royalties for any use
|
|
||||||
of the Work which results in commercial advantage or private monetary compensation.
|
|
||||||
|
|
||||||
3. Warranties and Disclaimer
|
3. Warranties and Disclaimer
|
||||||
|
|
||||||
Except as required by law, the Work is licensed by the Licensor on an "as
|
Except as required by law, the Work is licensed by the Licensor on an "as is" and "as available" basis and without any warranty of any kind, either express or implied.
|
||||||
is" and "as available" basis and without any warranty of any kind, either
|
|
||||||
express or implied.
|
|
||||||
|
|
||||||
4. Limit of Liability
|
4. Limit of Liability
|
||||||
|
|
||||||
Subject to any liability which may not be excluded or limited by law the Licensor
|
Subject to any liability which may not be excluded or limited by law the Licensor shall not be liable and hereby expressly excludes all liability for loss or damage howsoever and whenever caused to You.
|
||||||
shall not be liable and hereby expressly excludes all liability for loss or
|
|
||||||
damage howsoever and whenever caused to You.
|
|
||||||
|
|
||||||
5. Termination
|
5. Termination
|
||||||
|
|
||||||
The rights granted to You under this Licence shall terminate automatically
|
The rights granted to You under this Licence shall terminate automatically upon any breach by You of the terms of this Licence. Individuals or entities who have received Collective Works from You under this Licence, however, will not have their Licences terminated provided such individuals or entities remain in full compliance with those Licences.
|
||||||
upon any breach by You of the terms of this Licence. Individuals or entities
|
|
||||||
who have received Collective Works from You under this Licence, however, will
|
|
||||||
not have their Licences terminated provided such individuals or entities remain
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|
||||||
in full compliance with those Licences.
|
|
||||||
|
|
||||||
6. General
|
6. General
|
||||||
|
|
||||||
6.1. The validity or enforceability of the remaining terms of this agreement
|
6.1. The validity or enforceability of the remaining terms of this agreement is not affected by the holding of any provision of it to be invalid or unenforceable.
|
||||||
is not affected by the holding of any provision of it to be invalid or unenforceable.
|
|
||||||
|
|
||||||
6.2. This Licence constitutes the entire Licence Agreement between the parties
|
6.2. This Licence constitutes the entire Licence 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. The Licensor shall not be bound by any additional provisions that may appear in any communication in any form.
|
||||||
with respect to the Work licensed here. There are no understandings, agreements
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|
||||||
or representations with respect to the Work not specified here. The Licensor
|
|
||||||
shall not be bound by any additional provisions that may appear in any communication
|
|
||||||
in any form.
|
|
||||||
|
|
||||||
6.3. A person who is not a party to this Licence shall have no rights under
|
6.3. A person who is not a party to this Licence shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
|
||||||
the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
|
|
||||||
|
|
||||||
6.4. This Licence shall be governed by the law of England and Wales and the
|
6.4. This Licence shall be governed by the law of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales.
|
||||||
parties irrevocably submit to the exclusive jurisdiction of the Courts of
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|
||||||
England and Wales.
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|
||||||
|
|
||||||
7. On the role of Creative Commons
|
7. On the role of Creative Commons
|
||||||
|
|
||||||
7.1. Neither the Licensor nor the User may use the Creative Commons logo except
|
7.1. Neither the Licensor nor the User may use the Creative Commons logo except to indicate that the Work is licensed under a Creative Commons Licence. Any permitted use has to be in compliance with the Creative Commons trade mark usage guidelines at the time of use of the Creative Commons trade mark. These guidelines may be found on the Creative Commons website or be otherwise available upon request from time to time.
|
||||||
to indicate that the Work is licensed under a Creative Commons Licence. Any
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|
||||||
permitted use has to be in compliance with the Creative Commons trade mark
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|
||||||
usage guidelines at the time of use of the Creative Commons trade mark. These
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|
||||||
guidelines may be found on the Creative Commons website or be otherwise available
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|
||||||
upon request from time to time.
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|
||||||
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|
||||||
7.2. Creative Commons Corporation does not profit financially from its role
|
7.2. Creative Commons Corporation does not profit financially from its role in providing this Licence and will not investigate the claims of any Licensor or user of the Licence.
|
||||||
in providing this Licence and will not investigate the claims of any Licensor
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|
||||||
or user of the Licence.
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|
||||||
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|
||||||
7.3. One of the conditions that Creative Commons Corporation requires of the
|
7.3. One of the conditions that Creative Commons Corporation requires of the Licensor and You is an acknowledgement of its limited role and agreement by all who use the Licence that the Corporation is not responsible to anyone for the statements and actions of You or the Licensor or anyone else attempting to use or using this Licence.
|
||||||
Licensor and You is an acknowledgement of its limited role and agreement by
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|
||||||
all who use the Licence that the Corporation is not responsible to anyone
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|
||||||
for the statements and actions of You or the Licensor or anyone else attempting
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|
||||||
to use or using this Licence.
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|
||||||
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|
||||||
7.4. Creative Commons Corporation is not a party to this Licence, and makes
|
7.4. Creative Commons Corporation is not a party to this Licence, and makes no warranty whatsoever in connection to the Work or in connection to the Licence, and in all events is not liable for any loss or damage resulting from the Licensor's or Your reliance on this Licence or on its enforceability.
|
||||||
no warranty whatsoever in connection to the Work or in connection to the Licence,
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|
||||||
and in all events is not liable for any loss or damage resulting from the
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|
||||||
Licensor's or Your reliance on this Licence or on its enforceability.
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|
||||||
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|
||||||
7.5. USE OF THIS LICENCE MEANS THAT YOU AND THE LICENSOR EACH ACCEPTS THESE
|
7.5. USE OF THIS LICENCE MEANS THAT YOU AND THE LICENSOR EACH ACCEPTS THESE CONDITIONS IN SECTION 7.1, 7.2, 7.3, 7.4 AND EACH ACKNOWLEDGES CREATIVE COMMONS CORPORATION'S VERY LIMITED ROLE AS A FACILITATOR OF THE LICENCE FROM THE LICENSOR TO YOU.
|
||||||
CONDITIONS IN SECTION 7.1, 7.2, 7.3, 7.4 AND EACH ACKNOWLEDGES CREATIVE COMMONS
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|
||||||
CORPORATION'S VERY LIMITED ROLE AS A FACILITATOR OF THE LICENCE FROM THE LICENSOR
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|
||||||
TO YOU.
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|
||||||
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|
||||||
Creative Commons is not a party to this Licence, and makes no warranty whatsoever
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Creative Commons is not a party to this Licence, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this licence. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.
|
||||||
in connection with the Work. Creative Commons will not be liable to You or
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|
||||||
any party on any legal theory for any damages whatsoever, including without
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|
||||||
limitation any general, special, incidental or consequential damages arising
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|
||||||
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|
||||||
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|
||||||
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|
||||||
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|
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Except for the limited purpose of indicating to the public that the Work is
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Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.
|
||||||
licensed under the CCPL, neither party will use the trademark "Creative Commons"
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|
||||||
or any related trademark or logo of Creative Commons without the prior written
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|
||||||
consent of Creative Commons. Any permitted use will be in compliance with
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|
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|
||||||
on its website or otherwise made available upon request from time to time.
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|
||||||
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|
||||||
Creative Commons may be contacted at https://creativecommons.org/.
|
Creative Commons may be contacted at https://creativecommons.org/.
|
||||||
|
|
|
@ -1,344 +1,99 @@
|
||||||
Creative Commons Attribution-ShareAlike 3.0 Unported
|
Creative Commons Attribution-ShareAlike 3.0 Unported
|
||||||
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|
||||||
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
|
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
|
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SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT
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RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS.
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CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND
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|
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|
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|
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License
|
License
|
||||||
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|
||||||
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS
|
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
|
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|
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|
||||||
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|
||||||
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|
||||||
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO
|
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
|
||||||
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|
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TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION
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|
||||||
OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
|
|
||||||
|
|
||||||
1. Definitions
|
1. Definitions
|
||||||
|
|
||||||
a. "Adaptation" means a work based upon the Work, or upon the Work and other
|
a. "Adaptation" means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work that constitutes a Collection will not be considered an Adaptation for the purpose of this License. For the avoidance of doubt, where the Work is a musical work, performance or phonogram, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered an Adaptation for the purpose of this License.
|
||||||
pre-existing works, such as a translation, adaptation, derivative work, arrangement
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||||||
of music or other alterations of a literary or artistic work, or phonogram
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|
||||||
or performance and includes cinematographic adaptations or any other form
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|
||||||
in which the Work may be recast, transformed, or adapted including in any
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||||||
form recognizably derived from the original, except that a work that constitutes
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|
||||||
a Collection will not be considered an Adaptation for the purpose of this
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|
||||||
License. For the avoidance of doubt, where the Work is a musical work, performance
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||||||
or phonogram, the synchronization of the Work in timed-relation with a moving
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|
||||||
image ("synching") will be considered an Adaptation for the purpose of this
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License.
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|
||||||
b. "Collection" means a collection of literary or artistic works, such as
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b. "Collection" means a collection of literary or artistic works, such as encyclopedias and anthologies, or performances, phonograms or broadcasts, or other works or subject matter other than works listed in Section 1(f) below, which, by reason of the selection and arrangement of their contents, constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each constituting separate and independent works in themselves, which together are assembled into a collective whole. A work that constitutes a Collection will not be considered an Adaptation (as defined below) for the purposes of this License.
|
||||||
encyclopedias and anthologies, or performances, phonograms or broadcasts,
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|
||||||
or other works or subject matter other than works listed in Section 1(f) below,
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|
||||||
which, by reason of the selection and arrangement of their contents, constitute
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|
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intellectual creations, in which the Work is included in its entirety in unmodified
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form along with one or more other contributions, each constituting separate
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|
||||||
and independent works in themselves, which together are assembled into a collective
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|
||||||
whole. A work that constitutes a Collection will not be considered an Adaptation
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|
||||||
(as defined below) for the purposes of this License.
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|
||||||
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|
||||||
c. "Creative Commons Compatible License" means a license that is listed at
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c. "Creative Commons Compatible License" means a license that is listed at http://creativecommons.org/compatiblelicenses that has been approved by Creative Commons as being essentially equivalent to this License, including, at a minimum, because that license: (i) contains terms that have the same purpose, meaning and effect as the License Elements of this License; and, (ii) explicitly permits the relicensing of adaptations of works made available under that license under this License or a Creative Commons jurisdiction license with the same License Elements as this License.
|
||||||
http://creativecommons.org/compatiblelicenses that has been approved by Creative
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Commons as being essentially equivalent to this License, including, at a minimum,
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||||||
because that license: (i) contains terms that have the same purpose, meaning
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||||||
and effect as the License Elements of this License; and, (ii) explicitly permits
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||||||
the relicensing of adaptations of works made available under that license
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||||||
under this License or a Creative Commons jurisdiction license with the same
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License Elements as this License.
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d. "Distribute" means to make available to the public the original and copies
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d. "Distribute" means to make available to the public the original and copies of the Work or Adaptation, as appropriate, through sale or other transfer of ownership.
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||||||
of the Work or Adaptation, as appropriate, through sale or other transfer
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of ownership.
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e. "License Elements" means the following high-level license attributes as
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e. "License Elements" means the following high-level license attributes as selected by Licensor and indicated in the title of this License: Attribution, ShareAlike.
|
||||||
selected by Licensor and indicated in the title of this License: Attribution,
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ShareAlike.
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f. "Licensor" means the individual, individuals, entity or entities that offer(s)
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f. "Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this License.
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||||||
the Work under the terms of this License.
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||||||
g. "Original Author" means, in the case of a literary or artistic work, the
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g. "Original Author" means, in the case of a literary or artistic work, the individual, individuals, entity or entities who created the Work or if no individual or entity can be identified, the publisher; and in addition (i) in the case of a performance the actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary or artistic works or expressions of folklore; (ii) in the case of a phonogram the producer being the person or legal entity who first fixes the sounds of a performance or other sounds; and, (iii) in the case of broadcasts, the organization that transmits the broadcast.
|
||||||
individual, individuals, entity or entities who created the Work or if no
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|
||||||
individual or entity can be identified, the publisher; and in addition (i)
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|
||||||
in the case of a performance the actors, singers, musicians, dancers, and
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|
||||||
other persons who act, sing, deliver, declaim, play in, interpret or otherwise
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|
||||||
perform literary or artistic works or expressions of folklore; (ii) in the
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|
||||||
case of a phonogram the producer being the person or legal entity who first
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|
||||||
fixes the sounds of a performance or other sounds; and, (iii) in the case
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|
||||||
of broadcasts, the organization that transmits the broadcast.
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|
||||||
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|
||||||
h. "Work" means the literary and/or artistic work offered under the terms
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h. "Work" means the literary and/or artistic work offered under the terms of this License including without limitation any production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression including digital form, such as a book, pamphlet and other writing; a lecture, address, sermon or other work of the same nature; a dramatic or dramatico-musical work; a choreographic work or entertainment in dumb show; a musical composition with or without words; a cinematographic work to which are assimilated works expressed by a process analogous to cinematography; a work of drawing, painting, architecture, sculpture, engraving or lithography; a photographic work to which are assimilated works expressed by a process analogous to photography; a work of applied art; an illustration, map, plan, sketch or three-dimensional work relative to geography, topography, architecture or science; a performance; a broadcast; a phonogram; a compilation of data to the extent it is protected as a copyrightable work; or a work performed by a variety or circus performer to the extent it is not otherwise considered a literary or artistic work.
|
||||||
of this License including without limitation any production in the literary,
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|
||||||
scientific and artistic domain, whatever may be the mode or form of its expression
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|
||||||
including digital form, such as a book, pamphlet and other writing; a lecture,
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|
||||||
address, sermon or other work of the same nature; a dramatic or dramatico-musical
|
|
||||||
work; a choreographic work or entertainment in dumb show; a musical composition
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|
||||||
with or without words; a cinematographic work to which are assimilated works
|
|
||||||
expressed by a process analogous to cinematography; a work of drawing, painting,
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|
||||||
architecture, sculpture, engraving or lithography; a photographic work to
|
|
||||||
which are assimilated works expressed by a process analogous to photography;
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|
||||||
a work of applied art; an illustration, map, plan, sketch or three-dimensional
|
|
||||||
work relative to geography, topography, architecture or science; a performance;
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|
||||||
a broadcast; a phonogram; a compilation of data to the extent it is protected
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|
||||||
as a copyrightable work; or a work performed by a variety or circus performer
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|
||||||
to the extent it is not otherwise considered a literary or artistic work.
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|
||||||
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|
||||||
i. "You" means an individual or entity exercising rights under this License
|
i. "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.
|
||||||
who has not previously violated the terms of this License with respect to
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|
||||||
the Work, or who has received express permission from the Licensor to exercise
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|
||||||
rights under this License despite a previous violation.
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|
||||||
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|
||||||
j. "Publicly Perform" means to perform public recitations of the Work and
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j. "Publicly Perform" means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performances; to make available to the public Works in such a way that 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 means or process and the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any means including signs, sounds or images.
|
||||||
to communicate to the public those public recitations, by any means or process,
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|
||||||
including by wire or wireless means or public digital performances; to make
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|
||||||
available to the public Works in such a way that members of the public may
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|
||||||
access these Works from a place and at a place individually chosen by them;
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|
||||||
to perform the Work to the public by any means or process and the communication
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|
||||||
to the public of the performances of the Work, including by public digital
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|
||||||
performance; to broadcast and rebroadcast the Work by any means including
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|
||||||
signs, sounds or images.
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|
||||||
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|
||||||
k. "Reproduce" means to make copies of the Work by any means including without
|
k. "Reproduce" means to make copies of the Work by any means including without limitation by sound or visual recordings and the right of fixation and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or other electronic medium.
|
||||||
limitation by sound or visual recordings and the right of fixation and reproducing
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|
||||||
fixations of the Work, including storage of a protected performance or phonogram
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|
||||||
in digital form or other electronic medium.
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|
||||||
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|
||||||
2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit,
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2. Fair Dealing Rights. Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.
|
||||||
or restrict any uses free from copyright or rights arising from limitations
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|
||||||
or exceptions that are provided for in connection with the copyright protection
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|
||||||
under copyright law or other applicable laws.
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|
||||||
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|
||||||
3. License Grant. Subject to the terms and conditions of this License, Licensor
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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:
|
||||||
hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for
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|
||||||
the duration of the applicable copyright) license to exercise the rights in
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|
||||||
the Work as stated below:
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|
||||||
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|
||||||
a. to Reproduce the Work, to incorporate the Work into one or more Collections,
|
a. to Reproduce the Work, to incorporate the Work into one or more Collections, and to Reproduce the Work as incorporated in the Collections;
|
||||||
and to Reproduce the Work as incorporated in the Collections;
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|
||||||
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|
||||||
b. to create and Reproduce Adaptations provided that any such Adaptation,
|
b. to create and Reproduce Adaptations provided that any such Adaptation, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work. For example, a translation could be marked "The original work was translated from English to Spanish," or a modification could indicate "The original work has been modified.";
|
||||||
including any translation in any medium, takes reasonable steps to clearly
|
|
||||||
label, demarcate or otherwise identify that changes were made to the original
|
|
||||||
Work. For example, a translation could be marked "The original work was translated
|
|
||||||
from English to Spanish," or a modification could indicate "The original work
|
|
||||||
has been modified.";
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|
||||||
|
|
||||||
c. to Distribute and Publicly Perform the Work including as incorporated in
|
c. to Distribute and Publicly Perform the Work including as incorporated in Collections; and,
|
||||||
Collections; and,
|
|
||||||
|
|
||||||
d. to Distribute and Publicly Perform Adaptations.
|
d. to Distribute and Publicly Perform Adaptations.
|
||||||
|
|
||||||
e. For the avoidance of doubt:
|
e. For the avoidance of doubt:
|
||||||
|
|
||||||
i. Non-waivable Compulsory License Schemes. In those jurisdictions in which
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i. Non-waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme cannot be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by You of the rights granted under this License;
|
||||||
the right to collect royalties through any statutory or compulsory licensing
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|
||||||
scheme cannot be waived, the Licensor reserves the exclusive right to collect
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|
||||||
such royalties for any exercise by You of the rights granted under this License;
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|
||||||
|
|
||||||
ii. Waivable Compulsory License Schemes. In those jurisdictions in which the
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ii. Waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme can be waived, the Licensor waives the exclusive right to collect such royalties for any exercise by You of the rights granted under this License; and,
|
||||||
right to collect royalties through any statutory or compulsory licensing scheme
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|
||||||
can be waived, the Licensor waives the exclusive right to collect such royalties
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|
||||||
for any exercise by You of the rights granted under this License; and,
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|
||||||
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|
||||||
iii. Voluntary License Schemes. The Licensor waives the right to collect royalties,
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iii. Voluntary License Schemes. The Licensor waives the right to collect royalties, whether individually or, in the event that the Licensor is a member of a collecting society that administers voluntary licensing schemes, via that society, from any exercise by You of the rights granted under this License.
|
||||||
whether individually or, in the event that the Licensor is a member of a collecting
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|
||||||
society that administers voluntary licensing schemes, via that society, from
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|
||||||
any exercise by You of the rights granted under this License.
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|
||||||
|
|
||||||
The above rights may be exercised in all media and formats whether now known
|
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. Subject to Section 8(f), all rights not expressly granted by Licensor are hereby reserved.
|
||||||
or hereafter devised. The above rights include the right to make such modifications
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|
||||||
as are technically necessary to exercise the rights in other media and formats.
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|
||||||
Subject to Section 8(f), all rights not expressly granted by Licensor are
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|
||||||
hereby reserved.
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|
||||||
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|
||||||
4. Restrictions. The license granted in Section 3 above is expressly made
|
4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
|
||||||
subject to and limited by the following restrictions:
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|
||||||
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|
||||||
a. You may Distribute or Publicly Perform the Work only under the terms of
|
a. You may Distribute or Publicly Perform 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 every copy of the Work You Distribute or Publicly Perform. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties with every copy of the Work You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work, You may not impose any effective technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License. This Section 4(a) applies to the Work as incorporated in a Collection, but this does not require the Collection apart from the Work itself to be made subject to the terms of this License. If You create a Collection, upon notice from any Licensor You must, to the extent practicable, remove from the Collection any credit as required by Section 4(c), as requested. If You create an Adaptation, upon notice from any Licensor You must, to the extent practicable, remove from the Adaptation any credit as required by Section 4(c), as requested.
|
||||||
this License. You must include a copy of, or the Uniform Resource Identifier
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|
||||||
(URI) for, this License with every copy of the Work You Distribute or Publicly
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|
||||||
Perform. You may not offer or impose any terms on the Work that restrict the
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|
||||||
terms of this License or the ability of the recipient of the Work to exercise
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|
||||||
the rights granted to that recipient under the terms of the License. You may
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|
||||||
not sublicense the Work. You must keep intact all notices that refer to this
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|
||||||
License and to the disclaimer of warranties with every copy of the Work You
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|
||||||
Distribute or Publicly Perform. When You Distribute or Publicly Perform the
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|
||||||
Work, You may not impose any effective technological measures on the Work
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|
||||||
that restrict the ability of a recipient of the Work from You to exercise
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|
||||||
the rights granted to that recipient under the terms of the License. This
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|
||||||
Section 4(a) applies to the Work as incorporated in a Collection, but this
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|
||||||
does not require the Collection apart from the Work itself to be made subject
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|
||||||
to the terms of this License. If You create a Collection, upon notice from
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|
||||||
any Licensor You must, to the extent practicable, remove from the Collection
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|
||||||
any credit as required by Section 4(c), as requested. If You create an Adaptation,
|
|
||||||
upon notice from any Licensor You must, to the extent practicable, remove
|
|
||||||
from the Adaptation any credit as required by Section 4(c), as requested.
|
|
||||||
|
|
||||||
b. You may Distribute or Publicly Perform an Adaptation only under the terms
|
b. You may Distribute or Publicly Perform an Adaptation only under the terms of: (i) this License; (ii) a later version of this License with the same License Elements as this License; (iii) a Creative Commons jurisdiction license (either this or a later license version) that contains the same License Elements as this License (e.g., Attribution-ShareAlike 3.0 US)); (iv) a Creative Commons Compatible License. If you license the Adaptation under one of the licenses mentioned in (iv), you must comply with the terms of that license. If you license the Adaptation under the terms of any of the licenses mentioned in (i), (ii) or (iii) (the "Applicable License"), you must comply with the terms of the Applicable License generally and the following provisions: (I) You must include a copy of, or the URI for, the Applicable License with every copy of each Adaptation You Distribute or Publicly Perform; (II) You may not offer or impose any terms on the Adaptation that restrict the terms of the Applicable License or the ability of the recipient of the Adaptation to exercise the rights granted to that recipient under the terms of the Applicable License; (III) You must keep intact all notices that refer to the Applicable License and to the disclaimer of warranties with every copy of the Work as included in the Adaptation You Distribute or Publicly Perform; (IV) when You Distribute or Publicly Perform the Adaptation, You may not impose any effective technological measures on the Adaptation that restrict the ability of a recipient of the Adaptation from You to exercise the rights granted to that recipient under the terms of the Applicable License. This Section 4(b) applies 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.
|
||||||
of: (i) this License; (ii) a later version of this License with the same License
|
|
||||||
Elements as this License; (iii) a Creative Commons jurisdiction license (either
|
|
||||||
this or a later license version) that contains the same License Elements as
|
|
||||||
this License (e.g., Attribution-ShareAlike 3.0 US)); (iv) a Creative Commons
|
|
||||||
Compatible License. If you license the Adaptation under one of the licenses
|
|
||||||
mentioned in (iv), you must comply with the terms of that license. If you
|
|
||||||
license the Adaptation under the terms of any of the licenses mentioned in
|
|
||||||
(i), (ii) or (iii) (the "Applicable License"), you must comply with the terms
|
|
||||||
of the Applicable License generally and the following provisions: (I) You
|
|
||||||
must include a copy of, or the URI for, the Applicable License with every
|
|
||||||
copy of each Adaptation You Distribute or Publicly Perform; (II) You may not
|
|
||||||
offer or impose any terms on the Adaptation that restrict the terms of the
|
|
||||||
Applicable License or the ability of the recipient of the Adaptation to exercise
|
|
||||||
the rights granted to that recipient under the terms of the Applicable License;
|
|
||||||
(III) You must keep intact all notices that refer to the Applicable License
|
|
||||||
and to the disclaimer of warranties with every copy of the Work as included
|
|
||||||
in the Adaptation You Distribute or Publicly Perform; (IV) when You Distribute
|
|
||||||
or Publicly Perform the Adaptation, You may not impose any effective technological
|
|
||||||
measures on the Adaptation that restrict the ability of a recipient of the
|
|
||||||
Adaptation from You to exercise the rights granted to that recipient under
|
|
||||||
the terms of the Applicable License. This Section 4(b) applies 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.
|
|
||||||
|
|
||||||
c. If You Distribute, or Publicly Perform the Work or any Adaptations or Collections,
|
c. If You Distribute, or Publicly Perform the Work or any Adaptations or Collections, You must, unless a request has been made pursuant to Section 4(a), keep intact all copyright notices 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 or parties (e.g., a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; (ii) the title of the Work if supplied; (iii) to the extent reasonably practicable, the URI, if any, that Licensor specifies 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 Ssection 3(b), in the case of an Adaptation, a credit identifying the use of the Work in the Adaptation (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). The credit required by this Section 4(c) may be implemented in any reasonable manner; provided, however, that in the case of a 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 part of these credits and in a manner at least as prominent as the credits for the other contributing authors. For the avoidance of doubt, You may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.
|
||||||
You must, unless a request has been made pursuant to Section 4(a), keep intact
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|
||||||
all copyright notices for the Work and provide, reasonable to the medium or
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|
||||||
means You are utilizing: (i) the name of the Original Author (or pseudonym,
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|
||||||
if applicable) if supplied, and/or if the Original Author and/or Licensor
|
|
||||||
designate another party or parties (e.g., a sponsor institute, publishing
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|
||||||
entity, journal) for attribution ("Attribution Parties") in Licensor's copyright
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|
||||||
notice, terms of service or by other reasonable means, the name of such party
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|
||||||
or parties; (ii) the title of the Work if supplied; (iii) to the extent reasonably
|
|
||||||
practicable, the URI, if any, that Licensor specifies to be associated with
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|
||||||
the Work, unless such URI does not refer to the copyright notice or licensing
|
|
||||||
information for the Work; and (iv) , consistent with Ssection 3(b), in the
|
|
||||||
case of an Adaptation, a credit identifying the use of the Work in the Adaptation
|
|
||||||
(e.g., "French translation of the Work by Original Author," or "Screenplay
|
|
||||||
based on original Work by Original Author"). The credit required by this Section
|
|
||||||
4(c) may be implemented in any reasonable manner; provided, however, that
|
|
||||||
in the case of a 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 part of these credits and in a manner at least as prominent as the
|
|
||||||
credits for the other contributing authors. For the avoidance of doubt, You
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|
||||||
may only use the credit required by this Section for the purpose of attribution
|
|
||||||
in the manner set out above and, by exercising Your rights under this License,
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You may not implicitly or explicitly assert or imply any connection with,
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sponsorship or endorsement by the Original Author, Licensor and/or Attribution
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Parties, as appropriate, of You or Your use of the Work, without the separate,
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express prior written permission of the Original Author, Licensor and/or Attribution
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d. Except as otherwise agreed in writing by the Licensor or as may be otherwise
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d. Except as otherwise agreed in writing by the Licensor or as may be 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, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation. Licensor agrees that in those jurisdictions (e.g. Japan), in which any exercise of the right granted in Section 3(b) of this License (the right to make Adaptations) would be deemed to be a distortion, mutilation, modification or other derogatory action prejudicial to the Original Author's honor and reputation, the Licensor will waive or not assert, as appropriate, this Section, to the fullest extent permitted by the applicable national law, to enable You to reasonably exercise Your right under Section 3(b) of this License (right to make Adaptations) but not otherwise.
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permitted by applicable law, if You Reproduce, Distribute or Publicly Perform
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the Work either by itself or as part of any Adaptations or Collections, You
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Licensor agrees that in those jurisdictions (e.g. Japan), in which any exercise
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will waive or not assert, as appropriate, this Section, to the fullest extent
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permitted by the applicable national law, to enable You to reasonably exercise
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Your right under Section 3(b) of this License (right to make Adaptations)
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but not otherwise.
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS
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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.
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THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING
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OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE
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OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE
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EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
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6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW,
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LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY
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OF SUCH DAMAGES.
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7. Termination
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a. This License and the rights granted hereunder will terminate automatically
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a. 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 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 survive any termination of this License.
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upon any breach by You of the terms of this License. Individuals or entities
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who have received Adaptations or Collections from You under this License,
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however, will not have their licenses terminated provided such individuals
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or entities remain in full compliance with those licenses. Sections 1, 2,
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5, 6, 7, and 8 will survive any termination of this License.
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|
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b. Subject to the above terms and conditions, the license granted here is
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b. 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.
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perpetual (for the duration of the applicable copyright in the Work). Notwithstanding
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as stated above.
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|
||||||
8. Miscellaneous
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a. Each time You Distribute or Publicly Perform the Work or a Collection,
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a. Each time You Distribute or Publicly Perform the Work or a Collection, 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.
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the Licensor offers to the recipient a license to the Work on the same terms
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and conditions as the license granted to You under this License.
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b. Each time You Distribute or Publicly Perform an Adaptation, Licensor offers
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b. Each time You Distribute or Publicly Perform 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.
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to the recipient a license to the original Work on the same terms and conditions
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as the license granted to You under this License.
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c. If any provision of this License is invalid or unenforceable under applicable
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c. 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.
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law, it shall not affect the validity or enforceability of the remainder of
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the terms of this License, and without further action by the parties to this
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agreement, such provision shall be reformed to the minimum extent necessary
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to make such provision valid and enforceable.
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d. No term or provision of this License shall be deemed waived and no breach
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d. 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.
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consented to unless such waiver or consent shall be in writing and signed
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e. This License constitutes the entire agreement between the parties with
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e. 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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respect to the Work licensed here. There are no understandings, agreements
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not be bound by any additional provisions that may appear in any communication
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from You. This License may not be modified without the mutual written agreement
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of the Licensor and You.
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|
||||||
f. The rights granted under, and the subject matter referenced, in this License
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f. The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to 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 includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not intended to restrict the license of any rights under applicable law.
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||||||
were drafted utilizing the terminology of the Berne Convention for the Protection
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|
||||||
of Literary and Artistic Works (as amended on September 28, 1979), the Rome
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|
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Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances
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|
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and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised
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|
||||||
on July 24, 1971). These rights and subject matter take effect in the relevant
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|
||||||
jurisdiction in which the License terms are sought to be enforced according
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to the corresponding provisions of the implementation of those treaty provisions
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||||||
in the applicable national law. If the standard suite of rights granted under
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applicable copyright law includes additional rights not granted under this
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License, such additional rights are deemed to be included in the License;
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this License is not intended to restrict the license of any rights under applicable
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law.
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Creative Commons Notice
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Creative Commons is not a party to this License, and makes no warranty whatsoever
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Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, Creative Commons does not authorize the use by either party of the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time. For the avoidance of doubt, this trademark restriction does not form part of the License.
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@ -1,196 +1,72 @@
|
||||||
CREATIVE COMMONS IST KEINE RECHTSANWALTSKANZLEI UND LEISTET KEINE RECHTSBERATUNG.
|
CREATIVE COMMONS IST KEINE RECHTSANWALTSKANZLEI UND LEISTET KEINE RECHTSBERATUNG. DIE BEREITSTELLUNG DIESER LIZENZ FÜHRT ZU KEINEM MANDATSVERHÄLTNIS. CREATIVE COMMONS STELLT DIESE INFORMATIONEN OHNE GEWÄHR ZUR VERFÜGUNG. CREATIVE COMMONS ÜBERNIMMT KEINE GEWÄHRLEISTUNG FÜR DIE GELIEFERTEN INFORMATIONEN UND SCHLIEßT DIE HAFTUNG FÜR SCHÄDEN AUS, DIE SICH AUS DEREN GEBRAUCH ERGEBEN.
|
||||||
DIE BEREITSTELLUNG DIESER LIZENZ FÜHRT ZU KEINEM MANDATSVERHÄLTNIS. CREATIVE
|
|
||||||
COMMONS STELLT DIESE INFORMATIONEN OHNE GEWÄHR ZUR VERFÜGUNG. CREATIVE COMMONS
|
|
||||||
ÜBERNIMMT KEINE GEWÄHRLEISTUNG FÜR DIE GELIEFERTEN INFORMATIONEN UND SCHLIEßT
|
|
||||||
DIE HAFTUNG FÜR SCHÄDEN AUS, DIE SICH AUS DEREN GEBRAUCH ERGEBEN.
|
|
||||||
|
|
||||||
Lizenz
|
Lizenz
|
||||||
|
|
||||||
DER GEGENSTAND DIESER LIZENZ (WIE UNTER „SCHUTZGEGENSTAND“ DEFINIERT) WIRD
|
DER GEGENSTAND DIESER LIZENZ (WIE UNTER „SCHUTZGEGENSTAND“ DEFINIERT) WIRD UNTER DEN BEDINGUNGEN DIESER CREATIVE COMMONS PUBLIC LICENSE ("CCPL", „LIZENZ“ ODER "LIZENZVERTRAG") ZUR VERFÜGUNG GESTELLT. DER SCHUTZGEGENSTAND IST DURCH DAS URHEBERRECHT UND/ODER ANDERE GESETZE GESCHÜTZT. JEDE FORM DER NUTZUNG DES SCHUTZGEGENSTANDES, DIE NICHT AUFGRUND DIESER LIZENZ ODER DURCH GESETZE GESTATTET IST, IST UNZULÄSSIG.
|
||||||
UNTER DEN BEDINGUNGEN DIESER CREATIVE COMMONS PUBLIC LICENSE ("CCPL", „LIZENZ“
|
|
||||||
ODER "LIZENZVERTRAG") ZUR VERFÜGUNG GESTELLT. DER SCHUTZGEGENSTAND IST DURCH
|
|
||||||
DAS URHEBERRECHT UND/ODER ANDERE GESETZE GESCHÜTZT. JEDE FORM DER NUTZUNG
|
|
||||||
DES SCHUTZGEGENSTANDES, DIE NICHT AUFGRUND DIESER LIZENZ ODER DURCH GESETZE
|
|
||||||
GESTATTET IST, IST UNZULÄSSIG.
|
|
||||||
|
|
||||||
DURCH DIE AUSÜBUNG EINES DURCH DIESE LIZENZ GEWÄHRTEN RECHTS AN DEM SCHUTZGEGENSTAND
|
DURCH DIE AUSÜBUNG EINES DURCH DIESE LIZENZ GEWÄHRTEN RECHTS AN DEM SCHUTZGEGENSTAND ERKLÄREN SIE SICH MIT DEN LIZENZBEDINGUNGEN RECHTSVERBINDLICH EINVERSTANDEN. SOWEIT DIESE LIZENZ ALS LIZENZVERTRAG ANZUSEHEN IST, GEWÄHRT IHNEN DER LIZENZGEBER DIE IN DER LIZENZ GENANNTEN RECHTE UNENTGELTLICH UND IM AUSTAUSCH DAFÜR, DASS SIE DAS GEBUNDENSEIN AN DIE LIZENZBEDINGUNGEN AKZEPTIEREN.
|
||||||
ERKLÄREN SIE SICH MIT DEN LIZENZBEDINGUNGEN RECHTSVERBINDLICH EINVERSTANDEN.
|
|
||||||
SOWEIT DIESE LIZENZ ALS LIZENZVERTRAG ANZUSEHEN IST, GEWÄHRT IHNEN DER LIZENZGEBER
|
|
||||||
DIE IN DER LIZENZ GENANNTEN RECHTE UNENTGELTLICH UND IM AUSTAUSCH DAFÜR, DASS
|
|
||||||
SIE DAS GEBUNDENSEIN AN DIE LIZENZBEDINGUNGEN AKZEPTIEREN.
|
|
||||||
|
|
||||||
1. Definitionen
|
1. Definitionen
|
||||||
|
|
||||||
a. Der Begriff "Bearbeitung" im Sinne dieser Lizenz bezeichnet das Ergebnis
|
a. Der Begriff "Bearbeitung" im Sinne dieser Lizenz bezeichnet das Ergebnis jeglicher Art von Veränderung des Schutzgegenstandes, solange dieses erkennbar vom Schutzgegenstand abgeleitet wurde. Dies kann insbesondere auch eine Umgestaltung, Änderung, Anpassung, Übersetzung oder Heranziehung des Schutzgegenstandes zur Vertonung von Laufbildern sein. Nicht als Bearbeitung des Schutzgegenstandes gelten seine Aufnahme in eine Sammlung oder ein Sammelwerk und die freie Nutzung des Schutzgegenstandes.
|
||||||
jeglicher Art von Veränderung des Schutzgegenstandes, solange dieses erkennbar
|
|
||||||
vom Schutzgegenstand abgeleitet wurde. Dies kann insbesondere auch eine Umgestaltung,
|
|
||||||
Änderung, Anpassung, Übersetzung oder Heranziehung des Schutzgegenstandes
|
|
||||||
zur Vertonung von Laufbildern sein. Nicht als Bearbeitung des Schutzgegenstandes
|
|
||||||
gelten seine Aufnahme in eine Sammlung oder ein Sammelwerk und die freie Nutzung
|
|
||||||
des Schutzgegenstandes.
|
|
||||||
|
|
||||||
b. Der Begriff "Sammelwerk" im Sinne dieser Lizenz meint eine Zusammenstellung
|
b. Der Begriff "Sammelwerk" im Sinne dieser Lizenz meint eine Zusammenstellung von literarischen, künstlerischen oder wissenschaftlichen Inhalten zu einem einheitlichen Ganzen, sofern diese Zusammenstellung aufgrund von Auswahl und Anordnung der darin enthaltenen selbständigen Elemente eine eigentümliche geistige Schöpfung darstellt, unabhängig davon, ob die Elemente systematisch oder methodisch angelegt und dadurch einzeln zugänglich sind oder nicht.
|
||||||
von literarischen, künstlerischen oder wissenschaftlichen Inhalten zu einem
|
|
||||||
einheitlichen Ganzen, sofern diese Zusammenstellung aufgrund von Auswahl und
|
|
||||||
Anordnung der darin enthaltenen selbständigen Elemente eine eigentümliche
|
|
||||||
geistige Schöpfung darstellt, unabhängig davon, ob die Elemente systematisch
|
|
||||||
oder methodisch angelegt und dadurch einzeln zugänglich sind oder nicht.
|
|
||||||
|
|
||||||
c. "Verbreiten" im Sinne dieser Lizenz bedeutet, den Schutzgegenstand oder
|
c. "Verbreiten" im Sinne dieser Lizenz bedeutet, den Schutzgegenstand oder Bearbeitungen im Original oder in Form von Vervielfältigungsstücken, mithin in körperlich fixierter Form der Öffentlichkeit zugänglich zu machen oder in Verkehr zu bringen.
|
||||||
Bearbeitungen im Original oder in Form von Vervielfältigungsstücken, mithin
|
|
||||||
in körperlich fixierter Form der Öffentlichkeit zugänglich zu machen oder
|
|
||||||
in Verkehr zu bringen.
|
|
||||||
|
|
||||||
d. Unter "Lizenzelementen" werden im Sinne dieser Lizenz die folgenden übergeordneten
|
d. Unter "Lizenzelementen" werden im Sinne dieser Lizenz die folgenden übergeordneten Lizenzcharakteristika verstanden, die vom Lizenzgeber ausgewählt wurden und in der Bezeichnung der Lizenz zum Ausdruck kommen: "Namensnennung", "Weitergabe unter gleichen Bedingungen".
|
||||||
Lizenzcharakteristika verstanden, die vom Lizenzgeber ausgewählt wurden und
|
|
||||||
in der Bezeichnung der Lizenz zum Ausdruck kommen: "Namensnennung", "Weitergabe
|
|
||||||
unter gleichen Bedingungen".
|
|
||||||
|
|
||||||
e. Der "Lizenzgeber" im Sinne dieser Lizenz ist diejenige natürliche oder
|
e. Der "Lizenzgeber" im Sinne dieser Lizenz ist diejenige natürliche oder juristische Person oder Gruppe, die den Schutzgegenstand unter den Bedingungen dieser Lizenz anbietet und insoweit als Rechteinhaberin auftritt.
|
||||||
juristische Person oder Gruppe, die den Schutzgegenstand unter den Bedingungen
|
|
||||||
dieser Lizenz anbietet und insoweit als Rechteinhaberin auftritt.
|
|
||||||
|
|
||||||
f. "Rechteinhaber" im Sinne dieser Lizenz ist der Urheber des Schutzgegenstandes
|
f. "Rechteinhaber" im Sinne dieser Lizenz ist der Urheber des Schutzgegenstandes oder jede andere natürliche oder juristische Person, die am Schutzgegenstand ein Immaterialgüterrecht erlangt hat, welches die in Abschnitt 3 genannten Handlungen erfasst und eine Erteilung, Übertragung oder Einräumung von Nutzungsbewilligungen bzw Nutzungsrechten an Dritte erlaubt.
|
||||||
oder jede andere natürliche oder juristische Person, die am Schutzgegenstand
|
|
||||||
ein Immaterialgüterrecht erlangt hat, welches die in Abschnitt 3 genannten
|
|
||||||
Handlungen erfasst und eine Erteilung, Übertragung oder Einräumung von Nutzungsbewilligungen
|
|
||||||
bzw Nutzungsrechten an Dritte erlaubt.
|
|
||||||
|
|
||||||
g. Der Begriff "Schutzgegenstand" bezeichnet in dieser Lizenz den literarischen,
|
g. Der Begriff "Schutzgegenstand" bezeichnet in dieser Lizenz den literarischen, künstlerischen oder wissenschaftlichen Inhalt, der unter den Bedingungen dieser Lizenz angeboten wird. Das kann insbesondere eine eigentümliche geistige Schöpfung jeglicher Art oder ein Werk der kleinen Münze, ein nachgelassenes Werk oder auch ein Lichtbild oder anderes Objekt eines verwandten Schutzrechts sein, unabhängig von der Art seiner Fixierung und unabhängig davon, auf welche Weise jeweils eine Wahrnehmung erfolgen kann, gleichviel ob in analoger oder digitaler Form. Soweit Datenbanken oder Zusammenstellungen von Daten einen immaterialgüterrechtlichen Schutz eigener Art genießen, unterfallen auch sie dem Begriff „Schutzgegenstand“ im Sinne dieser Lizenz.
|
||||||
künstlerischen oder wissenschaftlichen Inhalt, der unter den Bedingungen dieser
|
|
||||||
Lizenz angeboten wird. Das kann insbesondere eine eigentümliche geistige Schöpfung
|
|
||||||
jeglicher Art oder ein Werk der kleinen Münze, ein nachgelassenes Werk oder
|
|
||||||
auch ein Lichtbild oder anderes Objekt eines verwandten Schutzrechts sein,
|
|
||||||
unabhängig von der Art seiner Fixierung und unabhängig davon, auf welche Weise
|
|
||||||
jeweils eine Wahrnehmung erfolgen kann, gleichviel ob in analoger oder digitaler
|
|
||||||
Form. Soweit Datenbanken oder Zusammenstellungen von Daten einen immaterialgüterrechtlichen
|
|
||||||
Schutz eigener Art genießen, unterfallen auch sie dem Begriff „Schutzgegenstand“
|
|
||||||
im Sinne dieser Lizenz.
|
|
||||||
|
|
||||||
h. Mit "Sie" bzw. "Ihnen" ist die natürliche oder juristische Person gemeint,
|
h. Mit "Sie" bzw. "Ihnen" ist die natürliche oder juristische Person gemeint, die in dieser Lizenz im Abschnitt 3 genannte Nutzungen des Schutzgegenstandes vornimmt und zuvor in Hinblick auf den Schutzgegenstand nicht gegen Bedingungen dieser Lizenz verstoßen oder aber die ausdrückliche Erlaubnis des Lizenzgebers erhalten hat, die durch diese Lizenz gewährte Nutzungsbewilligung trotz eines vorherigen Verstoßes auszuüben.
|
||||||
die in dieser Lizenz im Abschnitt 3 genannte Nutzungen des Schutzgegenstandes
|
|
||||||
vornimmt und zuvor in Hinblick auf den Schutzgegenstand nicht gegen Bedingungen
|
|
||||||
dieser Lizenz verstoßen oder aber die ausdrückliche Erlaubnis des Lizenzgebers
|
|
||||||
erhalten hat, die durch diese Lizenz gewährte Nutzungsbewilligung trotz eines
|
|
||||||
vorherigen Verstoßes auszuüben.
|
|
||||||
|
|
||||||
i. Unter "Öffentlich Wiedergeben" im Sinne dieser Lizenz sind Wahrnehmbarmachungen
|
i. Unter "Öffentlich Wiedergeben" im Sinne dieser Lizenz sind Wahrnehmbarmachungen des Schutzgegenstandes in unkörperlicher Form zu verstehen, die für eine Mehrzahl von Mitgliedern der Öffentlichkeit bestimmt sind und mittels öffentlicher Wiedergabe in Form von Vortrag, Aufführung, Vorführung, Darbietung, Sendung, Weitersendung oder zeit- und ortsunabhängiger Zurverfügungstellung erfolgen, unabhängig von den zum Einsatz kommenden Techniken und Verfahren, einschließlich drahtgebundener oder drahtloser Mittel und Einstellen in das Internet.
|
||||||
des Schutzgegenstandes in unkörperlicher Form zu verstehen, die für eine Mehrzahl
|
|
||||||
von Mitgliedern der Öffentlichkeit bestimmt sind und mittels öffentlicher
|
|
||||||
Wiedergabe in Form von Vortrag, Aufführung, Vorführung, Darbietung, Sendung,
|
|
||||||
Weitersendung oder zeit- und ortsunabhängiger Zurverfügungstellung erfolgen,
|
|
||||||
unabhängig von den zum Einsatz kommenden Techniken und Verfahren, einschließlich
|
|
||||||
drahtgebundener oder drahtloser Mittel und Einstellen in das Internet.
|
|
||||||
|
|
||||||
j. "Vervielfältigen" im Sinne dieser Lizenz bedeutet, gleichviel in welchem
|
j. "Vervielfältigen" im Sinne dieser Lizenz bedeutet, gleichviel in welchem Verfahren, auf welchem Träger, in welcher Menge und ob vorübergehend oder dauerhaft, Vervielfältigungsstücke des Schutzgegenstandes herzustellen, insbesondere durch Ton- oder Bildaufzeichnungen, und umfasst auch das erstmalige Festhalten des Schutzgegenstandes oder dessen Wahrnehmbarmachung auf Mitteln der wiederholbaren Wiedergabe sowie das Herstellen von Vervielfältigungsstücken dieser Festhaltung, sowie die Speicherung einer geschützten Darbietung oder eines Bild- und/oder Schallträgers in digitaler Form oder auf einem anderen elektronischen Medium.
|
||||||
Verfahren, auf welchem Träger, in welcher Menge und ob vorübergehend oder
|
|
||||||
dauerhaft, Vervielfältigungsstücke des Schutzgegenstandes herzustellen, insbesondere
|
|
||||||
durch Ton- oder Bildaufzeichnungen, und umfasst auch das erstmalige Festhalten
|
|
||||||
des Schutzgegenstandes oder dessen Wahrnehmbarmachung auf Mitteln der wiederholbaren
|
|
||||||
Wiedergabe sowie das Herstellen von Vervielfältigungsstücken dieser Festhaltung,
|
|
||||||
sowie die Speicherung einer geschützten Darbietung oder eines Bild- und/oder
|
|
||||||
Schallträgers in digitaler Form oder auf einem anderen elektronischen Medium.
|
|
||||||
|
|
||||||
k. "Mit Creative Commons kompatible Lizenz" bezeichnet eine Lizenz, die unter
|
k. "Mit Creative Commons kompatible Lizenz" bezeichnet eine Lizenz, die unter https://creativecommons.org/compatiblelicenses aufgelistet ist und die durch Creative Commons als grundsätzlich zur vorliegenden Lizenz äquivalent akzeptiert wurde, da zumindest folgende Voraussetzungen erfüllt sind:
|
||||||
https://creativecommons.org/compatiblelicenses aufgelistet ist und die durch
|
|
||||||
Creative Commons als grundsätzlich zur vorliegenden Lizenz äquivalent akzeptiert
|
|
||||||
wurde, da zumindest folgende Voraussetzungen erfüllt sind:
|
|
||||||
|
|
||||||
Diese mit Creative Commons kompatible Lizenz
|
Diese mit Creative Commons kompatible Lizenz
|
||||||
|
|
||||||
i. enthält Bestimmungen, welche die gleichen Ziele verfolgen, die gleiche
|
i. enthält Bestimmungen, welche die gleichen Ziele verfolgen, die gleiche Bedeutung haben und die gleichen Wirkungen erzeugen wie die Lizenzelemente der vorliegenden Lizenz; und
|
||||||
Bedeutung haben und die gleichen Wirkungen erzeugen wie die Lizenzelemente
|
|
||||||
der vorliegenden Lizenz; und
|
|
||||||
|
|
||||||
ii. erlaubt ausdrücklich das Lizenzieren von ihr unterstellten Abwandlungen
|
ii. erlaubt ausdrücklich das Lizenzieren von ihr unterstellten Abwandlungen unter vorliegender Lizenz, unter einer anderen rechtsordnungsspezifisch angepassten Creative-Commons-Lizenz mit denselben Lizenzelementen wie vorliegende Lizenz aufweist oder unter der entsprechenden Creative-Commons-Unported-Lizenz.
|
||||||
unter vorliegender Lizenz, unter einer anderen rechtsordnungsspezifisch angepassten
|
|
||||||
Creative-Commons-Lizenz mit denselben Lizenzelementen wie vorliegende Lizenz
|
|
||||||
aufweist oder unter der entsprechenden Creative-Commons-Unported-Lizenz.
|
|
||||||
|
|
||||||
2. Beschränkungen der Verwertungsrechte
|
2. Beschränkungen der Verwertungsrechte
|
||||||
|
|
||||||
Diese Lizenz ist in keiner Weise darauf gerichtet, Befugnisse zur Nutzung
|
Diese Lizenz ist in keiner Weise darauf gerichtet, Befugnisse zur Nutzung des Schutzgegenstandes zu vermindern, zu beschränken oder zu vereiteln, die sich aus den Beschränkungen der Verwertungsrechte, anderen Beschränkungen der Ausschließlichkeitsrechte des Rechtsinhabers oder anderen entsprechenden Rechtsnormen oder sich aus dem Fehlen eines immaterialgüterrechtlichen Schutzes ergeben.
|
||||||
des Schutzgegenstandes zu vermindern, zu beschränken oder zu vereiteln, die
|
|
||||||
sich aus den Beschränkungen der Verwertungsrechte, anderen Beschränkungen
|
|
||||||
der Ausschließlichkeitsrechte des Rechtsinhabers oder anderen entsprechenden
|
|
||||||
Rechtsnormen oder sich aus dem Fehlen eines immaterialgüterrechtlichen Schutzes
|
|
||||||
ergeben.
|
|
||||||
|
|
||||||
3. Lizenzierung
|
3. Lizenzierung
|
||||||
|
|
||||||
Unter den Bedingungen dieser Lizenz erteilt Ihnen der Lizenzgeber - unbeschadet
|
Unter den Bedingungen dieser Lizenz erteilt Ihnen der Lizenzgeber - unbeschadet unverzichtbarer Rechte und vorbehaltlich des Abschnitts 3.e) - die vergütungsfreie, räumlich und zeitlich (für die Dauer des Urheberrechts oder verwandten Schutzrechts am Schutzgegenstand) unbeschränkte Nutzungsbewilligung, den Schutzgegenstand in der folgenden Art und Weise zu nutzen:
|
||||||
unverzichtbarer Rechte und vorbehaltlich des Abschnitts 3.e) - die vergütungsfreie,
|
|
||||||
räumlich und zeitlich (für die Dauer des Urheberrechts oder verwandten Schutzrechts
|
|
||||||
am Schutzgegenstand) unbeschränkte Nutzungsbewilligung, den Schutzgegenstand
|
|
||||||
in der folgenden Art und Weise zu nutzen:
|
|
||||||
|
|
||||||
a. Den Schutzgegenstand in beliebiger Form und Menge zu vervielfältigen, ihn
|
a. Den Schutzgegenstand in beliebiger Form und Menge zu vervielfältigen, ihn in Sammelwerke zu integrieren und ihn als Teil solcher Sammelwerke zu vervielfältigen;
|
||||||
in Sammelwerke zu integrieren und ihn als Teil solcher Sammelwerke zu vervielfältigen;
|
|
||||||
|
|
||||||
b. Den Schutzgegenstand zu bearbeiten, einschließlich Übersetzungen unter
|
b. Den Schutzgegenstand zu bearbeiten, einschließlich Übersetzungen unter Nutzung jedweder Medien anzufertigen, sofern deutlich erkennbar gemacht wird, dass es sich um eine Bearbeitung handelt;
|
||||||
Nutzung jedweder Medien anzufertigen, sofern deutlich erkennbar gemacht wird,
|
|
||||||
dass es sich um eine Bearbeitung handelt;
|
|
||||||
|
|
||||||
c. Den Schutzgegenstand, allein oder in Sammelwerke aufgenommen, öffentlich
|
c. Den Schutzgegenstand, allein oder in Sammelwerke aufgenommen, öffentlich wiederzugeben und zu verbreiten; und
|
||||||
wiederzugeben und zu verbreiten; und
|
|
||||||
|
|
||||||
d. Bearbeitungen des Schutzgegenstandes zu veröffentlichen, öffentlich wiederzugeben
|
d. Bearbeitungen des Schutzgegenstandes zu veröffentlichen, öffentlich wiederzugeben und zu verbreiten.
|
||||||
und zu verbreiten.
|
|
||||||
|
|
||||||
e. Bezüglich Vergütung für die Nutzung des Schutzgegenstandes gilt Folgendes:
|
e. Bezüglich Vergütung für die Nutzung des Schutzgegenstandes gilt Folgendes:
|
||||||
|
|
||||||
i. Unverzichtbare gesetzliche Vergütungsansprüche: Soweit unverzichtbare Vergütungsansprüche
|
i. Unverzichtbare gesetzliche Vergütungsansprüche: Soweit unverzichtbare Vergütungsansprüche im Gegenzug für gesetzliche Lizenzen vorgesehen oder Pauschalabgabensysteme (zum Beispiel für Leermedien) vorhanden sind, behält sich der Lizenzgeber das ausschließliche Recht vor, die entsprechenden Vergütungsansprüche für jede Ausübung eines Rechts aus dieser Lizenz durch Sie geltend zu machen.
|
||||||
im Gegenzug für gesetzliche Lizenzen vorgesehen oder Pauschalabgabensysteme
|
|
||||||
(zum Beispiel für Leermedien) vorhanden sind, behält sich der Lizenzgeber
|
|
||||||
das ausschließliche Recht vor, die entsprechenden Vergütungsansprüche für
|
|
||||||
jede Ausübung eines Rechts aus dieser Lizenz durch Sie geltend zu machen.
|
|
||||||
|
|
||||||
ii. Vergütung bei Zwangslizenzen: Soweit Zwangslizenzen außerhalb dieser Lizenz
|
ii. Vergütung bei Zwangslizenzen: Soweit Zwangslizenzen außerhalb dieser Lizenz vorgesehen sind und zustande kommen, verzichtet der Lizenzgeber für alle Fälle einer lizenzgerechten Nutzung des Schutzgegenstandes durch Sie auf jegliche Vergütung.
|
||||||
vorgesehen sind und zustande kommen, verzichtet der Lizenzgeber für alle Fälle
|
|
||||||
einer lizenzgerechten Nutzung des Schutzgegenstandes durch Sie auf jegliche
|
|
||||||
Vergütung.
|
|
||||||
|
|
||||||
iii. Vergütung in sonstigen Fällen: Bezüglich lizenzgerechter Nutzung des
|
iii. Vergütung in sonstigen Fällen: Bezüglich lizenzgerechter Nutzung des Schutzgegenstandes durch Sie, die nicht unter die beiden vorherigen Abschnitte (i) und (ii) fällt, verzichtet der Lizenzgeber auf jegliche Vergütung, unabhängig davon, ob eine Geltendmachung der Vergütungsansprüche durch ihn selbst oder nur durch eine Verwertungsgesellschaft möglich wäre.
|
||||||
Schutzgegenstandes durch Sie, die nicht unter die beiden vorherigen Abschnitte
|
|
||||||
(i) und (ii) fällt, verzichtet der Lizenzgeber auf jegliche Vergütung, unabhängig
|
|
||||||
davon, ob eine Geltendmachung der Vergütungsansprüche durch ihn selbst oder
|
|
||||||
nur durch eine Verwertungsgesellschaft möglich wäre.
|
|
||||||
|
|
||||||
Die vorgenannte Nutzungsbewilligung wird für alle bekannten sowie alle noch
|
Die vorgenannte Nutzungsbewilligung wird für alle bekannten sowie alle noch nicht bekannten Nutzungsarten eingeräumt. Sie beinhaltet auch das Recht, solche Änderungen am Schutzgegenstand vorzunehmen, die für bestimmte nach dieser Lizenz zulässige Nutzungen technisch erforderlich sind. Alle sonstigen Rechte, die über diesen Abschnitt hinaus nicht ausdrücklich vom Lizenzgeber eingeräumt werden, bleiben diesem allein vorbehalten. Soweit Datenbanken oder Zusammenstellungen von Daten Schutzgegenstand dieser Lizenz oder Teil dessen sind und einen immaterialgüterrechtlichen Schutz eigener Art genießen, verzichtet der Lizenzgeber auf die Geltendmachung sämtlicher daraus resultierender Rechte.
|
||||||
nicht bekannten Nutzungsarten eingeräumt. Sie beinhaltet auch das Recht, solche
|
|
||||||
Änderungen am Schutzgegenstand vorzunehmen, die für bestimmte nach dieser
|
|
||||||
Lizenz zulässige Nutzungen technisch erforderlich sind. Alle sonstigen Rechte,
|
|
||||||
die über diesen Abschnitt hinaus nicht ausdrücklich vom Lizenzgeber eingeräumt
|
|
||||||
werden, bleiben diesem allein vorbehalten. Soweit Datenbanken oder Zusammenstellungen
|
|
||||||
von Daten Schutzgegenstand dieser Lizenz oder Teil dessen sind und einen immaterialgüterrechtlichen
|
|
||||||
Schutz eigener Art genießen, verzichtet der Lizenzgeber auf die Geltendmachung
|
|
||||||
sämtlicher daraus resultierender Rechte.
|
|
||||||
|
|
||||||
4. Bedingungen
|
4. Bedingungen
|
||||||
|
|
||||||
Die Erteilung der Nutzungsbewilligung gemäß Abschnitt 3 dieser Lizenz erfolgt
|
Die Erteilung der Nutzungsbewilligung gemäß Abschnitt 3 dieser Lizenz erfolgt ausdrücklich nur unter den folgenden Bedingungen:
|
||||||
ausdrücklich nur unter den folgenden Bedingungen:
|
|
||||||
|
|
||||||
a. Sie dürfen den Schutzgegenstand ausschließlich unter den Bedingungen dieser
|
a. Sie dürfen den Schutzgegenstand ausschließlich unter den Bedingungen dieser Lizenz verbreiten oder öffentlich wiedergeben. Sie müssen dabei stets eine Kopie dieser Lizenz oder deren vollständige Internetadresse in Form des Uniform-Resource-Identifier (URI) beifügen. Sie dürfen keine Vertrags- oder Nutzungsbedingungen anbieten oder fordern, die die Bedingungen dieser Lizenz oder die durch diese Lizenz gewährten Rechte beschränken. Sie dürfen den Schutzgegenstand nicht unterlizenzieren. Bei jeder Kopie des Schutzgegenstandes, die Sie verbreiten oder öffentlich wiedergeben, müssen Sie alle Hinweise unverändert lassen, die auf diese Lizenz und den Haftungsausschluss hinweisen. Wenn Sie den Schutzgegenstand verbreiten oder öffentlich wiedergeben, dürfen Sie (in Bezug auf den Schutzgegenstand) keine technischen Maßnahmen ergreifen, die den Nutzer des Schutzgegenstandes in der Ausübung der ihm durch diese Lizenz gewährten Rechte behindern können. Dasselbe gilt auch für den Fall, dass der Schutzgegenstand einen Bestandteil eines Sammelwerkes bildet, was jedoch nicht bedeutet, dass das Sammelwerk insgesamt dieser Lizenz unterstellt werden muss. Sofern Sie ein Sammelwerk erstellen, müssen Sie - soweit dies praktikabel ist - auf die Mitteilung eines Lizenzgebers hin aus dem Sammelwerk die in Abschnitt 4.c) aufgezählten Hinweise entfernen. Wenn Sie eine Bearbeitung vornehmen, müssen Sie – soweit dies praktikabel ist – auf die Mitteilung eines Lizenzgebers hin von der Bearbeitung die in Abschnitt 4.c) aufgezählten Hinweise entfernen.
|
||||||
Lizenz verbreiten oder öffentlich wiedergeben. Sie müssen dabei stets eine
|
|
||||||
Kopie dieser Lizenz oder deren vollständige Internetadresse in Form des Uniform-Resource-Identifier
|
|
||||||
(URI) beifügen. Sie dürfen keine Vertrags- oder Nutzungsbedingungen anbieten
|
|
||||||
oder fordern, die die Bedingungen dieser Lizenz oder die durch diese Lizenz
|
|
||||||
gewährten Rechte beschränken. Sie dürfen den Schutzgegenstand nicht unterlizenzieren.
|
|
||||||
Bei jeder Kopie des Schutzgegenstandes, die Sie verbreiten oder öffentlich
|
|
||||||
wiedergeben, müssen Sie alle Hinweise unverändert lassen, die auf diese Lizenz
|
|
||||||
und den Haftungsausschluss hinweisen. Wenn Sie den Schutzgegenstand verbreiten
|
|
||||||
oder öffentlich wiedergeben, dürfen Sie (in Bezug auf den Schutzgegenstand)
|
|
||||||
keine technischen Maßnahmen ergreifen, die den Nutzer des Schutzgegenstandes
|
|
||||||
in der Ausübung der ihm durch diese Lizenz gewährten Rechte behindern können.
|
|
||||||
Dasselbe gilt auch für den Fall, dass der Schutzgegenstand einen Bestandteil
|
|
||||||
eines Sammelwerkes bildet, was jedoch nicht bedeutet, dass das Sammelwerk
|
|
||||||
insgesamt dieser Lizenz unterstellt werden muss. Sofern Sie ein Sammelwerk
|
|
||||||
erstellen, müssen Sie - soweit dies praktikabel ist - auf die Mitteilung eines
|
|
||||||
Lizenzgebers hin aus dem Sammelwerk die in Abschnitt 4.c) aufgezählten Hinweise
|
|
||||||
entfernen. Wenn Sie eine Bearbeitung vornehmen, müssen Sie – soweit dies praktikabel
|
|
||||||
ist – auf die Mitteilung eines Lizenzgebers hin von der Bearbeitung die in
|
|
||||||
Abschnitt 4.c) aufgezählten Hinweise entfernen.
|
|
||||||
|
|
||||||
b. Sie dürfen eine Bearbeitung ausschließlich unter den Bedingungen
|
b. Sie dürfen eine Bearbeitung ausschließlich unter den Bedingungen
|
||||||
|
|
||||||
|
@ -198,182 +74,66 @@ Abschnitt 4.c) aufgezählten Hinweise entfernen.
|
||||||
|
|
||||||
ii. einer späteren Version dieser Lizenz mit denselben Lizenzelementen,
|
ii. einer späteren Version dieser Lizenz mit denselben Lizenzelementen,
|
||||||
|
|
||||||
iii. einer rechtsordnungsspezifischen Creative-Commons-Lizenz mit denselben
|
iii. einer rechtsordnungsspezifischen Creative-Commons-Lizenz mit denselben Lizenzelementen ab Version 3.0 aufwärts (z.B. Namensnennung - Weitergabe unter gleichen Bedingungen 3.0 US),
|
||||||
Lizenzelementen ab Version 3.0 aufwärts (z.B. Namensnennung - Weitergabe unter
|
|
||||||
gleichen Bedingungen 3.0 US),
|
|
||||||
|
|
||||||
iv. der Creative-Commons-Unported-Lizenz mit denselben Lizenzelementen ab
|
iv. der Creative-Commons-Unported-Lizenz mit denselben Lizenzelementen ab Version 3.0 aufwärts, oder
|
||||||
Version 3.0 aufwärts, oder
|
|
||||||
|
|
||||||
v. einer mit Creative Commons kompatiblen Lizenz
|
v. einer mit Creative Commons kompatiblen Lizenz
|
||||||
|
|
||||||
verbreiten oder öffentlich wiedergeben.
|
verbreiten oder öffentlich wiedergeben.
|
||||||
|
|
||||||
Falls Sie die Bearbeitung gemäß Abschnitt b)(v) unter einer mit Creative Commons
|
Falls Sie die Bearbeitung gemäß Abschnitt b)(v) unter einer mit Creative Commons kompatiblen Lizenz lizenzieren, müssen Sie deren Lizenzbestimmungen Folge leisten.
|
||||||
kompatiblen Lizenz lizenzieren, müssen Sie deren Lizenzbestimmungen Folge
|
|
||||||
leisten.
|
|
||||||
|
|
||||||
Falls Sie die Bearbeitung unter einer der unter b)(i)-(iv) genannten Lizenzen
|
Falls Sie die Bearbeitung unter einer der unter b)(i)-(iv) genannten Lizenzen ("Verwendbare Lizenzen") lizenzieren, müssen Sie deren Lizenzbestimmungen sowie folgenden Bestimmungen Folge leisten: Sie müssen stets eine Kopie der verwendbaren Lizenz oder deren vollständige Internetadresse in Form des Uniform-Resource-Identifier (URI) beifügen, wenn Sie die Bearbeitung verbreiten oder öffentlich wiedergeben. Sie dürfen keine Vertrags- oder Nutzungsbedingungen anbieten oder fordern, die die Bedingungen der verwendbaren Lizenz oder die durch sie gewährten Rechte beschränken. Bei jeder Bearbeitung, die Sie verbreiten oder öffentlich wiedergeben, müssen Sie alle Hinweise auf die verwendbare Lizenz und den Haftungsausschluss unverändert lassen. Wenn Sie die Bearbeitung verbreiten oder öffentlich wiedergeben, dürfen Sie (in Bezug auf die Bearbeitung) keine technischen Maßnahmen ergreifen, die den Nutzer der Bearbeitung in der Ausübung der ihm durch die verwendbare Lizenz gewährten Rechte behindern können. Dieser Abschnitt 4.b) gilt auch für den Fall, dass die Bearbeitung einen Bestandteil eines Sammelwerkes bildet; dies bedeutet jedoch nicht, dass das Sammelwerk insgesamt der verwendbaren Lizenz unterstellt werden muss.
|
||||||
("Verwendbare Lizenzen") lizenzieren, müssen Sie deren Lizenzbestimmungen
|
|
||||||
sowie folgenden Bestimmungen Folge leisten: Sie müssen stets eine Kopie der
|
|
||||||
verwendbaren Lizenz oder deren vollständige Internetadresse in Form des Uniform-Resource-Identifier
|
|
||||||
(URI) beifügen, wenn Sie die Bearbeitung verbreiten oder öffentlich wiedergeben.
|
|
||||||
Sie dürfen keine Vertrags- oder Nutzungsbedingungen anbieten oder fordern,
|
|
||||||
die die Bedingungen der verwendbaren Lizenz oder die durch sie gewährten Rechte
|
|
||||||
beschränken. Bei jeder Bearbeitung, die Sie verbreiten oder öffentlich wiedergeben,
|
|
||||||
müssen Sie alle Hinweise auf die verwendbare Lizenz und den Haftungsausschluss
|
|
||||||
unverändert lassen. Wenn Sie die Bearbeitung verbreiten oder öffentlich wiedergeben,
|
|
||||||
dürfen Sie (in Bezug auf die Bearbeitung) keine technischen Maßnahmen ergreifen,
|
|
||||||
die den Nutzer der Bearbeitung in der Ausübung der ihm durch die verwendbare
|
|
||||||
Lizenz gewährten Rechte behindern können. Dieser Abschnitt 4.b) gilt auch
|
|
||||||
für den Fall, dass die Bearbeitung einen Bestandteil eines Sammelwerkes bildet;
|
|
||||||
dies bedeutet jedoch nicht, dass das Sammelwerk insgesamt der verwendbaren
|
|
||||||
Lizenz unterstellt werden muss.
|
|
||||||
|
|
||||||
c. Die Verbreitung und die öffentliche Wiedergabe des Schutzgegenstandes oder
|
c. Die Verbreitung und die öffentliche Wiedergabe des Schutzgegenstandes oder auf ihm aufbauender Inhalte oder ihn enthaltender Sammelwerke ist Ihnen nur unter der Bedingung gestattet, dass Sie, vorbehaltlich etwaiger Mitteilungen im Sinne von Abschnitt 4.a), alle dazu gehörenden Rechtevermerke unberührt lassen. Sie sind verpflichtet, die Urheberschaft oder die Rechteinhaberschaft in einer der Nutzung entsprechenden, angemessenen Form anzuerkennen, indem Sie selbst – soweit bekannt – Folgendes angeben:
|
||||||
auf ihm aufbauender Inhalte oder ihn enthaltender Sammelwerke ist Ihnen nur
|
|
||||||
unter der Bedingung gestattet, dass Sie, vorbehaltlich etwaiger Mitteilungen
|
|
||||||
im Sinne von Abschnitt 4.a), alle dazu gehörenden Rechtevermerke unberührt
|
|
||||||
lassen. Sie sind verpflichtet, die Urheberschaft oder die Rechteinhaberschaft
|
|
||||||
in einer der Nutzung entsprechenden, angemessenen Form anzuerkennen, indem
|
|
||||||
Sie selbst – soweit bekannt – Folgendes angeben:
|
|
||||||
|
|
||||||
i. Den Namen (oder das Pseudonym, falls ein solches verwendet wird) des Rechteinhabers,
|
i. Den Namen (oder das Pseudonym, falls ein solches verwendet wird) des Rechteinhabers, und/oder falls der Lizenzgeber im Rechtevermerk, in den Nutzungsbedingungen oder auf andere angemessene Weise eine Zuschreibung an Dritte vorgenommen hat (z.B. an eine Stiftung, ein Verlagshaus oder eine Zeitung) („Zuschreibungsempfänger“), Namen bzw. Bezeichnung dieses oder dieser Dritten;
|
||||||
und/oder falls der Lizenzgeber im Rechtevermerk, in den Nutzungsbedingungen
|
|
||||||
oder auf andere angemessene Weise eine Zuschreibung an Dritte vorgenommen
|
|
||||||
hat (z.B. an eine Stiftung, ein Verlagshaus oder eine Zeitung) („Zuschreibungsempfänger“),
|
|
||||||
Namen bzw. Bezeichnung dieses oder dieser Dritten;
|
|
||||||
|
|
||||||
ii. den Titel des Inhaltes;
|
ii. den Titel des Inhaltes;
|
||||||
|
|
||||||
iii. in einer praktikablen Form den Uniform-Resource-Identifier (URI, z.B.
|
iii. in einer praktikablen Form den Uniform-Resource-Identifier (URI, z.B. Internetadresse), den der Lizenzgeber zum Schutzgegenstand angegeben hat, es sei denn, dieser URI verweist nicht auf den Rechtevermerk oder die Lizenzinformationen zum Schutzgegenstand;
|
||||||
Internetadresse), den der Lizenzgeber zum Schutzgegenstand angegeben hat,
|
|
||||||
es sei denn, dieser URI verweist nicht auf den Rechtevermerk oder die Lizenzinformationen
|
|
||||||
zum Schutzgegenstand;
|
|
||||||
|
|
||||||
iv. und im Falle einer Bearbeitung des Schutzgegenstandes in Übereinstimmung
|
iv. und im Falle einer Bearbeitung des Schutzgegenstandes in Übereinstimmung mit Abschnitt 3.b) einen Hinweis darauf, dass es sich um eine Bearbeitung handelt.
|
||||||
mit Abschnitt 3.b) einen Hinweis darauf, dass es sich um eine Bearbeitung
|
|
||||||
handelt.
|
|
||||||
|
|
||||||
Die nach diesem Abschnitt 4.c) erforderlichen Angaben können in jeder angemessenen
|
Die nach diesem Abschnitt 4.c) erforderlichen Angaben können in jeder angemessenen Form gemacht werden; im Falle einer Bearbeitung des Schutzgegenstandes oder eines Sammelwerkes müssen diese Angaben das Minimum darstellen und bei gemeinsamer Nennung aller Beitragenden dergestalt erfolgen, dass sie zumindest ebenso hervorgehoben sind wie die Hinweise auf die übrigen Rechteinhaber. Die Angaben nach diesem Abschnitt dürfen Sie ausschließlich zur Angabe der Rechteinhaberschaft in der oben bezeichneten Weise verwenden. Durch die Ausübung Ihrer Rechte aus dieser Lizenz dürfen Sie ohne eine vorherige, separat und schriftlich vorliegende Zustimmung des Urhebers, des Lizenzgebers und/oder des Zuschreibungsempfängers weder implizit noch explizit irgendeine Verbindung mit dem oder eine Unterstützung oder Billigung durch den Lizenzgeber oder den Zuschreibungsempfänger andeuten oder erklären.
|
||||||
Form gemacht werden; im Falle einer Bearbeitung des Schutzgegenstandes oder
|
|
||||||
eines Sammelwerkes müssen diese Angaben das Minimum darstellen und bei gemeinsamer
|
|
||||||
Nennung aller Beitragenden dergestalt erfolgen, dass sie zumindest ebenso
|
|
||||||
hervorgehoben sind wie die Hinweise auf die übrigen Rechteinhaber. Die Angaben
|
|
||||||
nach diesem Abschnitt dürfen Sie ausschließlich zur Angabe der Rechteinhaberschaft
|
|
||||||
in der oben bezeichneten Weise verwenden. Durch die Ausübung Ihrer Rechte
|
|
||||||
aus dieser Lizenz dürfen Sie ohne eine vorherige, separat und schriftlich
|
|
||||||
vorliegende Zustimmung des Urhebers, des Lizenzgebers und/oder des Zuschreibungsempfängers
|
|
||||||
weder implizit noch explizit irgendeine Verbindung mit dem oder eine Unterstützung
|
|
||||||
oder Billigung durch den Lizenzgeber oder den Zuschreibungsempfänger andeuten
|
|
||||||
oder erklären.
|
|
||||||
|
|
||||||
d. Die oben unter 4.a) bis c) genannten Einschränkungen gelten nicht für solche
|
d. Die oben unter 4.a) bis c) genannten Einschränkungen gelten nicht für solche Teile des Schutzgegenstandes, die allein deshalb unter den Schutzgegenstandsbegriff fallen, weil sie als Datenbanken oder Zusammenstellungen von Daten einen immaterialgüterrechtlichen Schutz eigener Art genießen.
|
||||||
Teile des Schutzgegenstandes, die allein deshalb unter den Schutzgegenstandsbegriff
|
|
||||||
fallen, weil sie als Datenbanken oder Zusammenstellungen von Daten einen immaterialgüterrechtlichen
|
|
||||||
Schutz eigener Art genießen.
|
|
||||||
|
|
||||||
e. (Urheber)Persönlichkeitsrechte bleiben - soweit sie bestehen - von dieser
|
e. (Urheber)Persönlichkeitsrechte bleiben - soweit sie bestehen - von dieser Lizenz unberührt.
|
||||||
Lizenz unberührt.
|
|
||||||
|
|
||||||
5. Gewährleistung
|
5. Gewährleistung
|
||||||
|
|
||||||
SOFERN KEINE ANDERS LAUTENDE, SCHRIFTLICHE VEREINBARUNG ZWISCHEN DEM LIZENZGEBER
|
SOFERN KEINE ANDERS LAUTENDE, SCHRIFTLICHE VEREINBARUNG ZWISCHEN DEM LIZENZGEBER UND IHNEN GESCHLOSSEN WURDE UND SOWEIT MÄNGEL NICHT ARGLISTIG VERSCHWIEGEN WURDEN, BIETET DER LIZENZGEBER DEN SCHUTZGEGENSTAND UND DIE ERTEILUNG DER NUTZUNGSBEWILLIGUNG UNTER AUSSCHLUSS JEGLICHER GEWÄHRLEISTUNG AN UND ÜBERNIMMT WEDER AUSDRÜCKLICH NOCH KONKLUDENT GARANTIEN IRGENDEINER ART. DIES UMFASST INSBESONDERE DAS FREISEIN VON SACH- UND RECHTSMÄNGELN, UNABHÄNGIG VON DEREN ERKENNBARKEIT FÜR DEN LIZENZGEBER, DIE VERKEHRSFÄHIGKEIT DES SCHUTZGEGENSTANDES, SEINE VERWENDBARKEIT FÜR EINEN BESTIMMTEN ZWECK SOWIE DIE KORREKTHEIT VON BESCHREIBUNGEN.
|
||||||
UND IHNEN GESCHLOSSEN WURDE UND SOWEIT MÄNGEL NICHT ARGLISTIG VERSCHWIEGEN
|
|
||||||
WURDEN, BIETET DER LIZENZGEBER DEN SCHUTZGEGENSTAND UND DIE ERTEILUNG DER
|
|
||||||
NUTZUNGSBEWILLIGUNG UNTER AUSSCHLUSS JEGLICHER GEWÄHRLEISTUNG AN UND ÜBERNIMMT
|
|
||||||
WEDER AUSDRÜCKLICH NOCH KONKLUDENT GARANTIEN IRGENDEINER ART. DIES UMFASST
|
|
||||||
INSBESONDERE DAS FREISEIN VON SACH- UND RECHTSMÄNGELN, UNABHÄNGIG VON DEREN
|
|
||||||
ERKENNBARKEIT FÜR DEN LIZENZGEBER, DIE VERKEHRSFÄHIGKEIT DES SCHUTZGEGENSTANDES,
|
|
||||||
SEINE VERWENDBARKEIT FÜR EINEN BESTIMMTEN ZWECK SOWIE DIE KORREKTHEIT VON
|
|
||||||
BESCHREIBUNGEN.
|
|
||||||
|
|
||||||
6. Haftungsbeschränkung
|
6. Haftungsbeschränkung
|
||||||
|
|
||||||
ÜBER DIE IN ZIFFER 5 GENANNTE GEWÄHRLEISTUNG HINAUS HAFTET DER LIZENZGEBER
|
ÜBER DIE IN ZIFFER 5 GENANNTE GEWÄHRLEISTUNG HINAUS HAFTET DER LIZENZGEBER IHNEN GEGENÜBER FÜR SCHÄDEN JEGLICHER ART NUR BEI GROBER FAHRLÄSSIGKEIT ODER VORSATZ, UND ÜBERNIMMT DARÜBER HINAUS KEINERLEI FREIWILLIGE HAFTUNG FÜR FOLGE- ODER ANDERE SCHÄDEN, AUCH WENN ER ÜBER DIE MÖGLICHKEIT IHRES EINTRITTS UNTERRICHTET WURDE.
|
||||||
IHNEN GEGENÜBER FÜR SCHÄDEN JEGLICHER ART NUR BEI GROBER FAHRLÄSSIGKEIT ODER
|
|
||||||
VORSATZ, UND ÜBERNIMMT DARÜBER HINAUS KEINERLEI FREIWILLIGE HAFTUNG FÜR FOLGE-
|
|
||||||
ODER ANDERE SCHÄDEN, AUCH WENN ER ÜBER DIE MÖGLICHKEIT IHRES EINTRITTS UNTERRICHTET
|
|
||||||
WURDE.
|
|
||||||
|
|
||||||
7. Erlöschen
|
7. Erlöschen
|
||||||
|
|
||||||
a. Diese Lizenz und die durch sie erteilte Nutzungsbewilligung erlöschen mit
|
a. Diese Lizenz und die durch sie erteilte Nutzungsbewilligung erlöschen mit Wirkung für die Zukunft im Falle eines Verstoßes gegen die Lizenzbedingungen durch Sie, ohne dass es dazu der Kenntnis des Lizenzgebers vom Verstoß oder einer weiteren Handlung einer der Vertragsparteien bedarf. Mit natürlichen oder juristischen Personen, die Bearbeitungen des Schutzgegenstandes oder diesen enthaltende Sammelwerke sowie entsprechende Vervielfältigungsstücke unter den Bedingungen dieser Lizenz von Ihnen erhalten haben, bestehen nachträglich entstandene Lizenzbeziehungen jedoch solange weiter, wie die genannten Personen sich ihrerseits an sämtliche Lizenzbedingungen halten. Darüber hinaus gelten die Ziffern 1, 2, 5, 6, 7, und 8 auch nach einem Erlöschen dieser Lizenz fort.
|
||||||
Wirkung für die Zukunft im Falle eines Verstoßes gegen die Lizenzbedingungen
|
|
||||||
durch Sie, ohne dass es dazu der Kenntnis des Lizenzgebers vom Verstoß oder
|
|
||||||
einer weiteren Handlung einer der Vertragsparteien bedarf. Mit natürlichen
|
|
||||||
oder juristischen Personen, die Bearbeitungen des Schutzgegenstandes oder
|
|
||||||
diesen enthaltende Sammelwerke sowie entsprechende Vervielfältigungsstücke
|
|
||||||
unter den Bedingungen dieser Lizenz von Ihnen erhalten haben, bestehen nachträglich
|
|
||||||
entstandene Lizenzbeziehungen jedoch solange weiter, wie die genannten Personen
|
|
||||||
sich ihrerseits an sämtliche Lizenzbedingungen halten. Darüber hinaus gelten
|
|
||||||
die Ziffern 1, 2, 5, 6, 7, und 8 auch nach einem Erlöschen dieser Lizenz fort.
|
|
||||||
|
|
||||||
b. Vorbehaltlich der oben genannten Bedingungen gilt diese Lizenz unbefristet
|
b. Vorbehaltlich der oben genannten Bedingungen gilt diese Lizenz unbefristet bis der rechtliche Schutz für den Schutzgegenstand ausläuft. Davon abgesehen behält der Lizenzgeber das Recht, den Schutzgegenstand unter anderen Lizenzbedingungen anzubieten oder die eigene Weitergabe des Schutzgegenstandes jederzeit einzustellen, solange die Ausübung dieses Rechts nicht einer Kündigung oder einem Widerruf dieser Lizenz (oder irgendeiner Weiterlizenzierung, die auf Grundlage dieser Lizenz bereits erfolgt ist bzw. zukünftig noch erfolgen muss) dient und diese Lizenz unter Berücksichtigung der oben zum Erlöschen genannten Bedingungen vollumfänglich wirksam bleibt.
|
||||||
bis der rechtliche Schutz für den Schutzgegenstand ausläuft. Davon abgesehen
|
|
||||||
behält der Lizenzgeber das Recht, den Schutzgegenstand unter anderen Lizenzbedingungen
|
|
||||||
anzubieten oder die eigene Weitergabe des Schutzgegenstandes jederzeit einzustellen,
|
|
||||||
solange die Ausübung dieses Rechts nicht einer Kündigung oder einem Widerruf
|
|
||||||
dieser Lizenz (oder irgendeiner Weiterlizenzierung, die auf Grundlage dieser
|
|
||||||
Lizenz bereits erfolgt ist bzw. zukünftig noch erfolgen muss) dient und diese
|
|
||||||
Lizenz unter Berücksichtigung der oben zum Erlöschen genannten Bedingungen
|
|
||||||
vollumfänglich wirksam bleibt.
|
|
||||||
|
|
||||||
8. Sonstige Bestimmungen
|
8. Sonstige Bestimmungen
|
||||||
|
|
||||||
a. Jedes Mal wenn Sie den Schutzgegenstand für sich genommen oder als Teil
|
a. Jedes Mal wenn Sie den Schutzgegenstand für sich genommen oder als Teil eines Sammelwerkes verbreiten oder öffentlich wiedergeben, bietet der Lizenzgeber dem Empfänger eine Lizenz zu den gleichen Bedingungen und im gleichen Umfang an, wie Ihnen in Form dieser Lizenz.
|
||||||
eines Sammelwerkes verbreiten oder öffentlich wiedergeben, bietet der Lizenzgeber
|
|
||||||
dem Empfänger eine Lizenz zu den gleichen Bedingungen und im gleichen Umfang
|
|
||||||
an, wie Ihnen in Form dieser Lizenz.
|
|
||||||
|
|
||||||
b. Jedes Mal wenn Sie eine Bearbeitung des Schutzgegenstandes verbreiten oder
|
b. Jedes Mal wenn Sie eine Bearbeitung des Schutzgegenstandes verbreiten oder öffentlich wiedergeben, bietet der Lizenzgeber dem Empfänger eine Lizenz am ursprünglichen Schutzgegenstand zu den gleichen Bedingungen und im gleichen Umfang an, wie Ihnen in Form dieser Lizenz.
|
||||||
öffentlich wiedergeben, bietet der Lizenzgeber dem Empfänger eine Lizenz am
|
|
||||||
ursprünglichen Schutzgegenstand zu den gleichen Bedingungen und im gleichen
|
|
||||||
Umfang an, wie Ihnen in Form dieser Lizenz.
|
|
||||||
|
|
||||||
c. Sollte eine Bestimmung dieser Lizenz unwirksam sein, so bleibt davon die
|
c. Sollte eine Bestimmung dieser Lizenz unwirksam sein, so bleibt davon die Wirksamkeit der Lizenz im Übrigen unberührt.
|
||||||
Wirksamkeit der Lizenz im Übrigen unberührt.
|
|
||||||
|
|
||||||
d. Keine Bestimmung dieser Lizenz soll als abbedungen und kein Verstoß gegen
|
d. Keine Bestimmung dieser Lizenz soll als abbedungen und kein Verstoß gegen sie als zulässig gelten, solange die von dem Verzicht oder von dem Verstoß betroffene Seite nicht schriftlich zugestimmt hat.
|
||||||
sie als zulässig gelten, solange die von dem Verzicht oder von dem Verstoß
|
|
||||||
betroffene Seite nicht schriftlich zugestimmt hat.
|
|
||||||
|
|
||||||
e. Diese Lizenz (zusammen mit in ihr ausdrücklich vorgesehenen Erlaubnissen,
|
e. Diese Lizenz (zusammen mit in ihr ausdrücklich vorgesehenen Erlaubnissen, Mitteilungen und Zustimmungen, soweit diese tatsächlich vorliegen) stellt die vollständige Vereinbarung zwischen dem Lizenzgeber und Ihnen in Bezug auf den Schutzgegenstand dar. Es bestehen keine Abreden, Vereinbarungen oder Erklärungen in Bezug auf den Schutzgegenstand, die in dieser Lizenz nicht genannt sind. Rechtsgeschäftliche Änderungen des Verhältnisses zwischen dem Lizenzgeber und Ihnen sind nur über Modifikationen dieser Lizenz möglich. Der Lizenzgeber ist an etwaige zusätzliche, einseitig durch Sie übermittelte Bestimmungen nicht gebunden. Diese Lizenz kann nur durch schriftliche Vereinbarung zwischen Ihnen und dem Lizenzgeber modifiziert werden. Derlei Modifikationen wirken ausschließlich zwischen dem Lizenzgeber und Ihnen und wirken sich nicht auf die Dritten gemäß 8.a) und b) angebotenen Lizenzen aus.
|
||||||
Mitteilungen und Zustimmungen, soweit diese tatsächlich vorliegen) stellt
|
|
||||||
die vollständige Vereinbarung zwischen dem Lizenzgeber und Ihnen in Bezug
|
|
||||||
auf den Schutzgegenstand dar. Es bestehen keine Abreden, Vereinbarungen oder
|
|
||||||
Erklärungen in Bezug auf den Schutzgegenstand, die in dieser Lizenz nicht
|
|
||||||
genannt sind. Rechtsgeschäftliche Änderungen des Verhältnisses zwischen dem
|
|
||||||
Lizenzgeber und Ihnen sind nur über Modifikationen dieser Lizenz möglich.
|
|
||||||
Der Lizenzgeber ist an etwaige zusätzliche, einseitig durch Sie übermittelte
|
|
||||||
Bestimmungen nicht gebunden. Diese Lizenz kann nur durch schriftliche Vereinbarung
|
|
||||||
zwischen Ihnen und dem Lizenzgeber modifiziert werden. Derlei Modifikationen
|
|
||||||
wirken ausschließlich zwischen dem Lizenzgeber und Ihnen und wirken sich nicht
|
|
||||||
auf die Dritten gemäß 8.a) und b) angebotenen Lizenzen aus.
|
|
||||||
|
|
||||||
f. Sofern zwischen Ihnen und dem Lizenzgeber keine anderweitige Vereinbarung
|
f. Sofern zwischen Ihnen und dem Lizenzgeber keine anderweitige Vereinbarung getroffen wurde und soweit Wahlfreiheit besteht, findet auf diesen Lizenzvertrag das Recht der Republik Österreich Anwendung.
|
||||||
getroffen wurde und soweit Wahlfreiheit besteht, findet auf diesen Lizenzvertrag
|
|
||||||
das Recht der Republik Österreich Anwendung.
|
|
||||||
|
|
||||||
Creative Commons Notice
|
Creative Commons Notice
|
||||||
|
|
||||||
Creative Commons ist nicht Partei dieser Lizenz und übernimmt keinerlei Gewähr
|
Creative Commons ist nicht Partei dieser Lizenz und übernimmt keinerlei Gewähr oder dergleichen in Bezug auf den Schutzgegenstand. Creative Commons haftet Ihnen oder einer anderen Partei unter keinem rechtlichen Gesichtspunkt für irgendwelche Schäden, die - abstrakt oder konkret, zufällig oder vorhersehbar - im Zusammenhang mit dieser Lizenz entstehen. Unbeschadet der vorangegangen beiden Sätze, hat Creative Commons alle Rechte und Pflichten eines Lizenzgebers, wenn es sich ausdrücklich als Lizenzgeber im Sinne dieser Lizenz bezeichnet.
|
||||||
oder dergleichen in Bezug auf den Schutzgegenstand. Creative Commons haftet
|
|
||||||
Ihnen oder einer anderen Partei unter keinem rechtlichen Gesichtspunkt für
|
|
||||||
irgendwelche Schäden, die - abstrakt oder konkret, zufällig oder vorhersehbar
|
|
||||||
- im Zusammenhang mit dieser Lizenz entstehen. Unbeschadet der vorangegangen
|
|
||||||
beiden Sätze, hat Creative Commons alle Rechte und Pflichten eines Lizenzgebers,
|
|
||||||
wenn es sich ausdrücklich als Lizenzgeber im Sinne dieser Lizenz bezeichnet.
|
|
||||||
|
|
||||||
Creative Commons gewährt den Parteien nur insoweit das Recht, das Logo und
|
Creative Commons gewährt den Parteien nur insoweit das Recht, das Logo und die Marke "Creative Commons" zu nutzen, als dies notwendig ist, um der Öffentlichkeit gegenüber kenntlich zu machen, dass der Schutzgegenstand unter einer CCPL steht. Ein darüber hinaus gehender Gebrauch der Marke "Creative Commons" oder einer verwandten Marke oder eines verwandten Logos bedarf der vorherigen schriftlichen Zustimmung von Creative Commons. Jeder erlaubte Gebrauch richtet sich nach der Creative Commons Marken-Nutzungs-Richtlinie in der jeweils aktuellen Fassung, die von Zeit zu Zeit auf der Website veröffentlicht oder auf andere Weise auf Anfrage zugänglich gemacht wird. Zur Klarstellung: Die genannten Einschränkungen der Markennutzung sind nicht Bestandteil dieser Lizenz.
|
||||||
die Marke "Creative Commons" zu nutzen, als dies notwendig ist, um der Öffentlichkeit
|
|
||||||
gegenüber kenntlich zu machen, dass der Schutzgegenstand unter einer CCPL
|
|
||||||
steht. Ein darüber hinaus gehender Gebrauch der Marke "Creative Commons" oder
|
|
||||||
einer verwandten Marke oder eines verwandten Logos bedarf der vorherigen schriftlichen
|
|
||||||
Zustimmung von Creative Commons. Jeder erlaubte Gebrauch richtet sich nach
|
|
||||||
der Creative Commons Marken-Nutzungs-Richtlinie in der jeweils aktuellen Fassung,
|
|
||||||
die von Zeit zu Zeit auf der Website veröffentlicht oder auf andere Weise
|
|
||||||
auf Anfrage zugänglich gemacht wird. Zur Klarstellung: Die genannten Einschränkungen
|
|
||||||
der Markennutzung sind nicht Bestandteil dieser Lizenz.
|
|
||||||
|
|
||||||
Creative Commons kann kontaktiert werden über https://creativecommons.org/.
|
Creative Commons kann kontaktiert werden über https://creativecommons.org/.
|
||||||
|
|
|
@ -1,204 +1,94 @@
|
||||||
Creative Commons Attribution-ShareAlike 4.0 International
|
Creative Commons Attribution-ShareAlike 4.0 International
|
||||||
|
|
||||||
Creative Commons Corporation (“Creative Commons”) is not a law firm and does
|
Creative Commons Corporation (“Creative Commons”) 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 gives no warranties regarding its licenses, any material licensed under their terms and conditions, or any related information. Creative Commons disclaims all liability for damages resulting from their use to the fullest extent possible.
|
||||||
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 gives no warranties regarding its licenses, any material
|
|
||||||
licensed under their terms and conditions, or any related information. Creative
|
|
||||||
Commons disclaims all liability for damages resulting from their use to the
|
|
||||||
fullest extent possible.
|
|
||||||
|
|
||||||
Using Creative Commons Public Licenses
|
Using Creative Commons Public Licenses
|
||||||
|
|
||||||
Creative Commons public licenses provide a standard set of terms and conditions
|
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 material 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.
|
||||||
that creators and other rights holders may use to share original works of
|
|
||||||
authorship and other material 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.
|
|
||||||
|
|
||||||
Considerations for licensors: Our public licenses are intended for use by
|
Considerations for licensors: Our public licenses are intended for use by those authorized to give the public permission to use material in ways otherwise restricted by copyright and certain other rights. Our licenses are irrevocable. Licensors should read and understand the terms and conditions of the license they choose before applying it. Licensors should also secure all rights necessary before applying our licenses so that the public can reuse the material as expected. Licensors should clearly mark any material not subject to the license. This includes other CC-licensed material, or material used under an exception or limitation to copyright. More considerations for licensors.
|
||||||
those authorized to give the public permission to use material in ways otherwise
|
|
||||||
restricted by copyright and certain other rights. Our licenses are irrevocable.
|
|
||||||
Licensors should read and understand the terms and conditions of the license
|
|
||||||
they choose before applying it. Licensors should also secure all rights necessary
|
|
||||||
before applying our licenses so that the public can reuse the material as
|
|
||||||
expected. Licensors should clearly mark any material not subject to the license.
|
|
||||||
This includes other CC-licensed material, or material used under an exception
|
|
||||||
or limitation to copyright. More considerations for licensors.
|
|
||||||
|
|
||||||
Considerations for the public: By using one of our public licenses, a licensor
|
Considerations for the public: By using one of our public licenses, a licensor grants the public permission to use the licensed material under specified terms and conditions. If the licensor’s permission is not necessary for any reason–for example, because of any applicable exception or limitation to copyright–then that use is not regulated by the license. Our licenses grant only permissions under copyright and certain other rights that a licensor has authority to grant. Use of the licensed material may still be restricted for other reasons, including because others have copyright or other rights in the material. A licensor may make special requests, such as asking that all changes be marked or described.
|
||||||
grants the public permission to use the licensed material under specified
|
|
||||||
terms and conditions. If the licensor’s permission is not necessary for any
|
|
||||||
reason–for example, because of any applicable exception or limitation to copyright–then
|
|
||||||
that use is not regulated by the license. Our licenses grant only permissions
|
|
||||||
under copyright and certain other rights that a licensor has authority to
|
|
||||||
grant. Use of the licensed material may still be restricted for other reasons,
|
|
||||||
including because others have copyright or other rights in the material. A
|
|
||||||
licensor may make special requests, such as asking that all changes be marked
|
|
||||||
or described.
|
|
||||||
|
|
||||||
Although not required by our licenses, you are encouraged to respect those
|
Although not required by our licenses, you are encouraged to respect those requests where reasonable. More considerations for the public.
|
||||||
requests where reasonable. More considerations for the public.
|
|
||||||
|
|
||||||
Creative Commons Attribution-ShareAlike 4.0 International Public License
|
Creative Commons Attribution-ShareAlike 4.0 International Public License
|
||||||
|
|
||||||
By exercising the Licensed Rights (defined below), You accept and agree to
|
By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution-ShareAlike 4.0 International Public License ("Public License"). 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 under these terms and conditions.
|
||||||
be bound by the terms and conditions of this Creative Commons Attribution-ShareAlike
|
|
||||||
4.0 International Public License ("Public License"). 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 under these terms and
|
|
||||||
conditions.
|
|
||||||
|
|
||||||
Section 1 – Definitions.
|
Section 1 – Definitions.
|
||||||
|
|
||||||
a. Adapted Material means material subject to Copyright and Similar Rights
|
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 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 where the Licensed Material is synched in timed relation with a moving image.
|
||||||
that is derived from or based upon the Licensed Material and in which the
|
|
||||||
Licensed Material is translated, altered, arranged, transformed, or otherwise
|
|
||||||
modified 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 where 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
|
b. Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License.
|
||||||
Rights in Your contributions to Adapted Material in accordance with the terms
|
|
||||||
and conditions of this Public License.
|
|
||||||
|
|
||||||
c. BY-SA Compatible License means a license listed at creativecommons.org/compatiblelicenses,
|
c. BY-SA Compatible License means a license listed at creativecommons.org/compatiblelicenses, approved by Creative Commons as essentially the equivalent of this Public License.
|
||||||
approved by Creative Commons as essentially the equivalent of this Public
|
|
||||||
License.
|
|
||||||
|
|
||||||
d. Copyright and Similar Rights means copyright and/or similar rights closely
|
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.
|
||||||
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
|
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, and/or similar international agreements.
|
||||||
of proper authority, may not be circumvented under laws fulfilling obligations
|
|
||||||
under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996,
|
|
||||||
and/or similar international agreements.
|
|
||||||
|
|
||||||
f. Exceptions and Limitations means fair use, fair dealing, and/or any other
|
f. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
|
||||||
exception or limitation to Copyright and Similar Rights that applies to Your
|
|
||||||
use of the Licensed Material.
|
|
||||||
|
|
||||||
g. License Elements means the license attributes listed in the name of a Creative
|
g. License Elements means the license attributes listed in the name of a Creative Commons Public License. The License Elements of this Public License are Attribution and ShareAlike.
|
||||||
Commons Public License. The License Elements of this Public License are Attribution
|
|
||||||
and ShareAlike.
|
|
||||||
|
|
||||||
h. Licensed Material means the artistic or literary work, database, or other
|
h. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.
|
||||||
material to which the Licensor applied this Public License.
|
|
||||||
|
|
||||||
i. Licensed Rights means the rights granted to You subject to the terms and
|
i. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
|
||||||
conditions of this Public License, which are limited to 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
|
j. Licensor means the individual(s) or entity(ies) granting rights under this Public License.
|
||||||
Public License.
|
|
||||||
|
|
||||||
k. Share means to provide material to the public by any means or process that
|
k. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, 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.
|
||||||
requires permission under the Licensed Rights, such as reproduction, public
|
|
||||||
display, public performance, distribution, dissemination, communication, or
|
|
||||||
importation, 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.
|
|
||||||
|
|
||||||
l. Sui Generis Database Rights means rights other than copyright resulting
|
l. 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.
|
||||||
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.
|
|
||||||
|
|
||||||
m. You means the individual or entity exercising the Licensed Rights under
|
m. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.
|
||||||
this Public License. Your has a corresponding meaning.
|
|
||||||
|
|
||||||
Section 2 – Scope.
|
Section 2 – Scope.
|
||||||
|
|
||||||
a. License grant.
|
a. License grant.
|
||||||
|
|
||||||
1. Subject to the terms and conditions of this Public License, the Licensor
|
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:
|
||||||
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, in whole or in part; and
|
A. reproduce and Share the Licensed Material, in whole or in part; and
|
||||||
|
|
||||||
B. produce, reproduce, and Share Adapted Material.
|
B. produce, reproduce, and Share Adapted Material.
|
||||||
|
|
||||||
2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions
|
2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
|
||||||
and Limitations apply to Your use, this Public License does not apply, 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).
|
3. Term. The term of this Public License is specified in Section 6(a).
|
||||||
|
|
||||||
4. Media and formats; technical modifications allowed. The Licensor authorizes
|
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.
|
||||||
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.
|
5. Downstream recipients.
|
||||||
|
|
||||||
A. Offer from the Licensor – Licensed Material. Every recipient of the Licensed
|
A. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.
|
||||||
Material automatically receives an offer from the Licensor to exercise the
|
|
||||||
Licensed Rights under the terms and conditions of this Public License.
|
|
||||||
|
|
||||||
B. Additional offer from the Licensor – Adapted Material. Every recipient
|
B. Additional offer from the Licensor – Adapted Material. Every recipient of Adapted Material from You automatically receives an offer from the Licensor to exercise the Licensed Rights in the Adapted Material under the conditions of the Adapter’s License You apply.
|
||||||
of Adapted Material from You automatically receives an offer from the Licensor
|
|
||||||
to exercise the Licensed Rights in the Adapted Material under the conditions
|
|
||||||
of the Adapter’s License You apply.
|
|
||||||
|
|
||||||
C. No downstream restrictions. You may not offer or impose any additional
|
C. 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 if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
|
||||||
or different terms or conditions on, or apply any Effective Technological
|
|
||||||
Measures to, the Licensed Material if doing so restricts exercise of the Licensed
|
|
||||||
Rights by any recipient of the Licensed Material.
|
|
||||||
|
|
||||||
6. No endorsement. Nothing in this Public License constitutes or may be construed
|
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).
|
||||||
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.
|
b. Other rights.
|
||||||
|
|
||||||
1. Moral rights, such as the right of integrity, are not licensed under this
|
1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or 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.
|
||||||
Public License, nor are publicity, privacy, and/or 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.
|
2. Patent and trademark rights are not licensed under this Public License.
|
||||||
|
|
||||||
3. To the extent possible, the Licensor waives any right to collect royalties
|
3. To the extent possible, the Licensor waives any 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 any right to collect such 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 any right
|
|
||||||
to collect such royalties.
|
|
||||||
|
|
||||||
Section 3 – License Conditions.
|
Section 3 – License Conditions.
|
||||||
|
|
||||||
Your exercise of the Licensed Rights is expressly made subject to the following
|
Your exercise of the Licensed Rights is expressly made subject to the following conditions.
|
||||||
conditions.
|
|
||||||
|
|
||||||
a. Attribution.
|
a. Attribution.
|
||||||
|
|
||||||
1. If You Share the Licensed Material (including in modified form), You must:
|
1. If You Share the Licensed Material (including in modified form), You must:
|
||||||
|
|
||||||
A. retain the following if it is supplied by the Licensor with the Licensed
|
A. retain the following if it is supplied by the Licensor with the Licensed Material:
|
||||||
Material:
|
|
||||||
|
|
||||||
i. identification of the creator(s) of the Licensed Material and any others
|
i. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
|
||||||
designated to receive attribution, in any reasonable manner requested by the
|
|
||||||
Licensor (including by pseudonym if designated);
|
|
||||||
|
|
||||||
ii. a copyright notice;
|
ii. a copyright notice;
|
||||||
|
|
||||||
|
@ -206,144 +96,75 @@ Licensor (including by pseudonym if designated);
|
||||||
|
|
||||||
iv. a notice that refers to the disclaimer of warranties;
|
iv. a notice that refers to the disclaimer of warranties;
|
||||||
|
|
||||||
v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
|
v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
|
||||||
|
|
||||||
B. indicate if You modified the Licensed Material and retain an indication
|
B. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
|
||||||
of any previous modifications; and
|
|
||||||
|
|
||||||
C. indicate the Licensed Material is licensed under this Public License, 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.
|
||||||
include the text of, or the URI or hyperlink to, this Public License.
|
|
||||||
|
|
||||||
2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner
|
2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
|
||||||
based on the medium, means, and context in which You Share the Licensed Material.
|
|
||||||
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
|
3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
|
||||||
by Section 3(a)(1)(A) to the extent reasonably practicable.
|
|
||||||
|
|
||||||
b. ShareAlike.In addition to the conditions in Section 3(a), if You Share
|
b. ShareAlike.In addition to the conditions in Section 3(a), if You Share Adapted Material You produce, the following conditions also apply.
|
||||||
Adapted Material You produce, the following conditions also apply.
|
|
||||||
|
|
||||||
1. The Adapter’s License You apply must be a Creative Commons license with
|
1. The Adapter’s License You apply must be a Creative Commons license with the same License Elements, this version or later, or a BY-SA Compatible License.
|
||||||
the same License Elements, this version or later, or a BY-SA Compatible License.
|
|
||||||
|
|
||||||
2. You must include the text of, or the URI or hyperlink to, the Adapter's
|
2. You must include the text of, or the URI or hyperlink to, the Adapter's License You apply. You may satisfy this condition in any reasonable manner based on the medium, means, and context in which You Share Adapted Material.
|
||||||
License You apply. 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
|
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 You apply.
|
||||||
on, or apply any Effective Technological Measures to, Adapted Material that
|
|
||||||
restrict exercise of the rights granted under the Adapter's License You apply.
|
|
||||||
|
|
||||||
Section 4 – Sui Generis Database Rights.
|
Section 4 – Sui Generis Database Rights.
|
||||||
|
|
||||||
Where the Licensed Rights include Sui Generis Database Rights that apply to
|
Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:
|
||||||
Your use of the Licensed Material:
|
|
||||||
|
|
||||||
a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract,
|
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;
|
||||||
reuse, reproduce, and Share all or a substantial portion of the contents of
|
|
||||||
the database;
|
|
||||||
|
|
||||||
b. if You include all or a substantial portion of the database contents in
|
b. 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(b); and
|
||||||
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(b); and
|
|
||||||
|
|
||||||
c. You must comply with the conditions in Section 3(a) if You Share all or
|
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.
|
||||||
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.
|
||||||
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.
|
Section 5 – Disclaimer of Warranties and Limitation of Liability.
|
||||||
|
|
||||||
a. Unless otherwise separately undertaken by the Licensor, to the extent possible,
|
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, whether express, implied, statutory, or other. 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.
|
||||||
the Licensor offers the Licensed Material as-is and as-available, and makes
|
|
||||||
no representations or warranties of any kind concerning the Licensed Material,
|
|
||||||
whether express, implied, statutory, or other. 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
|
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, 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.
|
||||||
on any legal theory (including, without limitation, negligence) or otherwise
|
|
||||||
for any direct, special, indirect, incidental, consequential, punitive, 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 liability provided above
|
c. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
|
||||||
shall be interpreted in a manner that, to the extent possible, most closely
|
|
||||||
approximates an absolute disclaimer and waiver of all liability.
|
|
||||||
|
|
||||||
Section 6 – Term and Termination.
|
Section 6 – Term and Termination.
|
||||||
|
|
||||||
a. This Public License applies for the term of the Copyright and Similar Rights
|
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.
|
||||||
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
|
b. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:
|
||||||
6(a), it reinstates:
|
|
||||||
|
|
||||||
1. automatically as of the date the violation is cured, provided it is cured
|
1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
|
||||||
within 30 days of Your discovery of the violation; or
|
|
||||||
|
|
||||||
2. upon express reinstatement by the Licensor.
|
2. upon express reinstatement by the Licensor.
|
||||||
|
|
||||||
c. For the avoidance of doubt, this Section 6(b) does not affect any right
|
c. For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.
|
||||||
the Licensor may have to seek remedies for Your violations of this Public
|
|
||||||
License.
|
|
||||||
|
|
||||||
d. For the avoidance of doubt, the Licensor may also offer the Licensed Material
|
d. 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.
|
||||||
under separate terms or conditions or stop distributing the Licensed Material
|
|
||||||
at any time; however, doing so will not terminate this Public License.
|
|
||||||
|
|
||||||
e. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.
|
e. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.
|
||||||
|
|
||||||
Section 7 – Other Terms and Conditions.
|
Section 7 – Other Terms and Conditions.
|
||||||
|
|
||||||
a. The Licensor shall not be bound by any additional or different terms or
|
a. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
|
||||||
conditions communicated by You unless expressly agreed.
|
|
||||||
|
|
||||||
b. Any arrangements, understandings, or agreements regarding the Licensed
|
b. 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.
|
||||||
Material not stated herein are separate from and independent of the terms
|
|
||||||
and conditions of this Public License.
|
|
||||||
|
|
||||||
Section 8 – Interpretation.
|
Section 8 – Interpretation.
|
||||||
|
|
||||||
a. For the avoidance of doubt, this Public License does not, and shall not
|
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 could lawfully be made without permission under this Public License.
|
||||||
be interpreted to, reduce, limit, restrict, or impose conditions on any use
|
|
||||||
of the Licensed Material that could lawfully be made without permission under
|
|
||||||
this Public License.
|
|
||||||
|
|
||||||
b. To the extent possible, if any provision of this Public License is deemed
|
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.
|
||||||
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
|
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.
|
||||||
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
|
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.
|
||||||
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 a party to its public licenses. Notwithstanding, Creative
|
Creative Commons is not a 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 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.
|
||||||
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 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 creativecommons.org.
|
Creative Commons may be contacted at creativecommons.org.
|
||||||
|
|
|
@ -1,26 +1,8 @@
|
||||||
|
|
||||||
The person or persons who have associated work with this document (the "Dedicator"
|
The person or persons who have associated work with this document (the "Dedicator" or "Certifier") hereby either (a) certifies that, to the best of his knowledge, the work of authorship identified is in the public domain of the country from which the work is published, or (b) hereby dedicates whatever copyright the dedicators holds in the work of authorship identified below (the "Work") to the public domain. A certifier, moreover, dedicates any copyright interest he may have in the associated work, and for these purposes, is described as a "dedicator" below.
|
||||||
or "Certifier") hereby either (a) certifies that, to the best of his knowledge,
|
|
||||||
the work of authorship identified is in the public domain of the country from
|
|
||||||
which the work is published, or (b) hereby dedicates whatever copyright the
|
|
||||||
dedicators holds in the work of authorship identified below (the "Work") to
|
|
||||||
the public domain. A certifier, moreover, dedicates any copyright interest
|
|
||||||
he may have in the associated work, and for these purposes, is described as
|
|
||||||
a "dedicator" below.
|
|
||||||
|
|
||||||
A certifier has taken reasonable steps to verify the copyright status of this
|
A certifier has taken reasonable steps to verify the copyright status of this work. Certifier recognizes that his good faith efforts may not shield him from liability if in fact the work certified is not in the public domain.
|
||||||
work. Certifier recognizes that his good faith efforts may not shield him
|
|
||||||
from liability if in fact the work certified is not in the public domain.
|
|
||||||
|
|
||||||
Dedicator makes this dedication for the benefit of the public at large and
|
Dedicator makes this dedication for the benefit of the public at large and to the detriment of the Dedicator's heirs and successors. Dedicator intends this dedication to be an overt act of relinquishment in perpetuity of all present and future rights under copyright law, whether vested or contingent, in the Work. Dedicator understands that such relinquishment of all rights includes the relinquishment of all rights to enforce (by lawsuit or otherwise) those copyrights in the Work.
|
||||||
to the detriment of the Dedicator's heirs and successors. Dedicator intends
|
|
||||||
this dedication to be an overt act of relinquishment in perpetuity of all
|
|
||||||
present and future rights under copyright law, whether vested or contingent,
|
|
||||||
in the Work. Dedicator understands that such relinquishment of all rights
|
|
||||||
includes the relinquishment of all rights to enforce (by lawsuit or otherwise)
|
|
||||||
those copyrights in the Work.
|
|
||||||
|
|
||||||
Dedicator recognizes that, once placed in the public domain, the Work may
|
Dedicator recognizes that, once placed in the public domain, the Work may be freely reproduced, distributed, transmitted, used, modified, built upon, or otherwise exploited by anyone for any purpose, commercial or non-commercial, and in any way, including by methods that have not yet been invented or conceived.
|
||||||
be freely reproduced, distributed, transmitted, used, modified, built upon,
|
|
||||||
or otherwise exploited by anyone for any purpose, commercial or non-commercial,
|
|
||||||
and in any way, including by methods that have not yet been invented or conceived.
|
|
||||||
|
|
|
@ -3,296 +3,117 @@ Version 1.0
|
||||||
|
|
||||||
1. Definitions.
|
1. Definitions.
|
||||||
|
|
||||||
1.1. “Contributor” means each individual or entity that creates or contributes
|
1.1. “Contributor” means each individual or entity that creates or contributes to the creation of Modifications.
|
||||||
to the creation of Modifications.
|
|
||||||
|
|
||||||
1.2. “Contributor Version” means the combination of the Original Software,
|
1.2. “Contributor Version” means the combination of the Original Software, prior Modifications used by a Contributor (if any), and the Modifications made by that particular Contributor.
|
||||||
prior Modifications used by a Contributor (if any), and the Modifications
|
|
||||||
made by that particular Contributor.
|
|
||||||
|
|
||||||
1.3. “Covered Software” means (a) the Original Software, or (b) Modifications,
|
1.3. “Covered Software” means (a) the Original Software, or (b) Modifications, or (c) the combination of files containing Original Software with files containing Modifications, in each case including portions thereof.
|
||||||
or (c) the combination of files containing Original Software with files containing
|
|
||||||
Modifications, in each case including portions thereof.
|
|
||||||
|
|
||||||
1.4. “Executable” means the Covered Software in any form other than Source
|
1.4. “Executable” means the Covered Software in any form other than Source Code.
|
||||||
Code.
|
|
||||||
|
|
||||||
1.5. “Initial Developer” means the individual or entity that first makes Original
|
1.5. “Initial Developer” means the individual or entity that first makes Original Software available under this License.
|
||||||
Software available under this License.
|
|
||||||
|
|
||||||
1.6. “Larger Work” means a work which combines Covered Software or portions
|
1.6. “Larger Work” means a work which combines Covered Software or portions thereof with code not governed by the terms of this License.
|
||||||
thereof with code not governed by the terms of this License.
|
|
||||||
|
|
||||||
1.7. “License” means this document.
|
1.7. “License” means this document.
|
||||||
|
|
||||||
1.8. “Licensable” means having the right to grant, to the maximum extent possible,
|
1.8. “Licensable” means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
|
||||||
whether at the time of the initial grant or subsequently acquired, any and
|
|
||||||
all of the rights conveyed herein.
|
|
||||||
|
|
||||||
1.9. “Modifications” means the Source Code and Executable form of any of the
|
1.9. “Modifications” means the Source Code and Executable form of any of the following:
|
||||||
following:
|
|
||||||
|
|
||||||
A. Any file that results from an addition to, deletion from or modification
|
A. Any file that results from an addition to, deletion from or modification of the contents of a file containing Original Software or previous Modifications;
|
||||||
of the contents of a file containing Original Software or previous Modifications;
|
|
||||||
|
|
||||||
B. Any new file that contains any part of the Original Software or previous
|
B. Any new file that contains any part of the Original Software or previous Modification; or
|
||||||
Modification; or
|
|
||||||
|
|
||||||
C. Any new file that is contributed or otherwise made available under the
|
C. Any new file that is contributed or otherwise made available under the terms of this License.
|
||||||
terms of this License.
|
|
||||||
|
|
||||||
1.10. “Original Software” means the Source Code and Executable form of computer
|
1.10. “Original Software” means the Source Code and Executable form of computer software code that is originally released under this License.
|
||||||
software code that is originally released under this License.
|
|
||||||
|
|
||||||
1.11. “Patent Claims” means any patent claim(s), now owned or hereafter acquired,
|
1.11. “Patent Claims” means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
|
||||||
including without limitation, method, process, and apparatus claims, in any
|
|
||||||
patent Licensable by grantor.
|
|
||||||
|
|
||||||
1.12. “Source Code” means (a) the common form of computer software code in
|
1.12. “Source Code” means (a) the common form of computer software code in which modifications are made and (b) associated documentation included in or with such code.
|
||||||
which modifications are made and (b) associated documentation included in
|
|
||||||
or with such code.
|
|
||||||
|
|
||||||
1.13. “You” (or “Your”) means an individual or a legal entity exercising rights
|
1.13. “You” (or “Your”) means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, “You” includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, “control” means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
|
||||||
under, and complying with all of the terms of, this License. For legal entities,
|
|
||||||
“You” includes any entity which controls, is controlled by, or is under common
|
|
||||||
control with You. For purposes of this definition, “control” means (a) the
|
|
||||||
power, direct or indirect, to cause the direction or management of such entity,
|
|
||||||
whether by contract or otherwise, or (b) ownership of more than fifty percent
|
|
||||||
(50%) of the outstanding shares or beneficial ownership of such entity.
|
|
||||||
|
|
||||||
2. License Grants.
|
2. License Grants.
|
||||||
|
|
||||||
2.1. The Initial Developer Grant.
|
2.1. The Initial Developer Grant.
|
||||||
Conditioned upon Your compliance with Section 3.1 below and subject to third
|
Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, the Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license:
|
||||||
party intellectual property claims, the Initial Developer hereby grants You
|
|
||||||
a world-wide, royalty-free, non-exclusive license:
|
|
||||||
|
|
||||||
(a) under intellectual property rights (other than patent or trademark) Licensable
|
(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer, to use, reproduce, modify, display, perform, sublicense and distribute the Original Software (or portions thereof), with or without Modifications, and/or as part of a Larger Work; and
|
||||||
by Initial Developer, to use, reproduce, modify, display, perform, sublicense
|
|
||||||
and distribute the Original Software (or portions thereof), with or without
|
|
||||||
Modifications, and/or as part of a Larger Work; and
|
|
||||||
|
|
||||||
(b) under Patent Claims infringed by the making, using or selling of Original
|
(b) under Patent Claims infringed by the making, using or selling of Original Software, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Software (or portions thereof).
|
||||||
Software, to make, have made, use, practice, sell, and offer for sale, and/or
|
|
||||||
otherwise dispose of the Original Software (or portions thereof).
|
|
||||||
|
|
||||||
(c) The licenses granted in Sections 2.1(a) and (b) are effective on the date
|
(c) The licenses granted in Sections 2.1(a) and (b) are effective on the date Initial Developer first distributes or otherwise makes the Original Software available to a third party under the terms of this License.
|
||||||
Initial Developer first distributes or otherwise makes the Original Software
|
|
||||||
available to a third party under the terms of this License.
|
|
||||||
|
|
||||||
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1)
|
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1) for code that You delete from the Original Software, or (2) for infringements caused by: (i) the modification of the Original Software, or (ii) the combination of the Original Software with other software or devices.
|
||||||
for code that You delete from the Original Software, or (2) for infringements
|
|
||||||
caused by: (i) the modification of the Original Software, or (ii) the combination
|
|
||||||
of the Original Software with other software or devices.
|
|
||||||
|
|
||||||
2.2. Contributor Grant.
|
2.2. Contributor Grant.
|
||||||
Conditioned upon Your compliance with Section 3.1 below and subject to third
|
Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license:
|
||||||
party intellectual property claims, each Contributor hereby grants You a world-wide,
|
|
||||||
royalty-free, non-exclusive license:
|
|
||||||
|
|
||||||
(a) under intellectual property rights (other than patent or trademark) Licensable
|
(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof), either on an unmodified basis, with other Modifications, as Covered Software and/or as part of a Larger Work; and
|
||||||
by Contributor to use, reproduce, modify, display, perform, sublicense and
|
|
||||||
distribute the Modifications created by such Contributor (or portions thereof),
|
|
||||||
either on an unmodified basis, with other Modifications, as Covered Software
|
|
||||||
and/or as part of a Larger Work; and
|
|
||||||
|
|
||||||
(b) under Patent Claims infringed by the making, using, or selling of Modifications
|
(b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: (1) Modifications made by that Contributor (or portions thereof); and (2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
|
||||||
made by that Contributor either alone and/or in combination with its Contributor
|
|
||||||
Version (or portions of such combination), to make, use, sell, offer for sale,
|
|
||||||
have made, and/or otherwise dispose of: (1) Modifications made by that Contributor
|
|
||||||
(or portions thereof); and (2) the combination of Modifications made by that
|
|
||||||
Contributor with its Contributor Version (or portions of such combination).
|
|
||||||
|
|
||||||
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
|
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first distributes or otherwise makes the Modifications available to a third party.
|
||||||
date Contributor first distributes or otherwise makes the Modifications available
|
|
||||||
to a third party.
|
|
||||||
|
|
||||||
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1)
|
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1) for any code that Contributor has deleted from the Contributor Version; (2) for infringements caused by: (i) third party modifications of Contributor Version, or (ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or (3) under Patent Claims infringed by Covered Software in the absence of Modifications made by that Contributor.
|
||||||
for any code that Contributor has deleted from the Contributor Version; (2)
|
|
||||||
for infringements caused by: (i) third party modifications of Contributor
|
|
||||||
Version, or (ii) the combination of Modifications made by that Contributor
|
|
||||||
with other software (except as part of the Contributor Version) or other devices;
|
|
||||||
or (3) under Patent Claims infringed by Covered Software in the absence of
|
|
||||||
Modifications made by that Contributor.
|
|
||||||
|
|
||||||
3. Distribution Obligations.
|
3. Distribution Obligations.
|
||||||
|
|
||||||
3.1. Availability of Source Code.
|
3.1. Availability of Source Code.
|
||||||
Any Covered Software that You distribute or otherwise make available in Executable
|
Any Covered Software that You distribute or otherwise make available in Executable form must also be made available in Source Code form and that Source Code form must be distributed only under the terms of this License. You must include a copy of this License with every copy of the Source Code form of the Covered Software You distribute or otherwise make available. You must inform recipients of any such Covered Software in Executable form as to how they can obtain such Covered Software in Source Code form in a reasonable manner on or through a medium customarily used for software exchange.
|
||||||
form must also be made available in Source Code form and that Source Code
|
|
||||||
form must be distributed only under the terms of this License. You must include
|
|
||||||
a copy of this License with every copy of the Source Code form of the Covered
|
|
||||||
Software You distribute or otherwise make available. You must inform recipients
|
|
||||||
of any such Covered Software in Executable form as to how they can obtain
|
|
||||||
such Covered Software in Source Code form in a reasonable manner on or through
|
|
||||||
a medium customarily used for software exchange.
|
|
||||||
|
|
||||||
3.2. Modifications.
|
3.2. Modifications.
|
||||||
The Modifications that You create or to which You contribute are governed
|
The Modifications that You create or to which You contribute are governed by the terms of this License. You represent that You believe Your Modifications are Your original creation(s) and/or You have sufficient rights to grant the rights conveyed by this License.
|
||||||
by the terms of this License. You represent that You believe Your Modifications
|
|
||||||
are Your original creation(s) and/or You have sufficient rights to grant the
|
|
||||||
rights conveyed by this License.
|
|
||||||
|
|
||||||
3.3. Required Notices.
|
3.3. Required Notices.
|
||||||
You must include a notice in each of Your Modifications that identifies You
|
You must include a notice in each of Your Modifications that identifies You as the Contributor of the Modification. You may not remove or alter any copyright, patent or trademark notices contained within the Covered Software, or any notices of licensing or any descriptive text giving attribution to any Contributor or the Initial Developer.
|
||||||
as the Contributor of the Modification. You may not remove or alter any copyright,
|
|
||||||
patent or trademark notices contained within the Covered Software, or any
|
|
||||||
notices of licensing or any descriptive text giving attribution to any Contributor
|
|
||||||
or the Initial Developer.
|
|
||||||
|
|
||||||
3.4. Application of Additional Terms.
|
3.4. Application of Additional Terms.
|
||||||
You may not offer or impose any terms on any Covered Software in Source Code
|
You may not offer or impose any terms on any Covered Software in Source Code form that alters or restricts the applicable version of this License or the recipients’ rights hereunder. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, you may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
|
||||||
form that alters or restricts the applicable version of this License or the
|
|
||||||
recipients’ rights hereunder. You may choose to offer, and to charge a fee
|
|
||||||
for, warranty, support, indemnity or liability obligations to one or more
|
|
||||||
recipients of Covered Software. However, you may do so only on Your own behalf,
|
|
||||||
and not on behalf of the Initial Developer or any Contributor. You must make
|
|
||||||
it absolutely clear that any such warranty, support, indemnity or liability
|
|
||||||
obligation is offered by You alone, and You hereby agree to indemnify the
|
|
||||||
Initial Developer and every Contributor for any liability incurred by the
|
|
||||||
Initial Developer or such Contributor as a result of warranty, support, indemnity
|
|
||||||
or liability terms You offer.
|
|
||||||
|
|
||||||
3.5. Distribution of Executable Versions.
|
3.5. Distribution of Executable Versions.
|
||||||
You may distribute the Executable form of the Covered Software under the terms
|
You may distribute the Executable form of the Covered Software under the terms of this License or under the terms of a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable form does not attempt to limit or alter the recipient’s rights in the Source Code form from the rights set forth in this License. If You distribute the Covered Software in Executable form under a different license, You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
|
||||||
of this License or under the terms of a license of Your choice, which may
|
|
||||||
contain terms different from this License, provided that You are in compliance
|
|
||||||
with the terms of this License and that the license for the Executable form
|
|
||||||
does not attempt to limit or alter the recipient’s rights in the Source Code
|
|
||||||
form from the rights set forth in this License. If You distribute the Covered
|
|
||||||
Software in Executable form under a different license, You must make it absolutely
|
|
||||||
clear that any terms which differ from this License are offered by You alone,
|
|
||||||
not by the Initial Developer or Contributor. You hereby agree to indemnify
|
|
||||||
the Initial Developer and every Contributor for any liability incurred by
|
|
||||||
the Initial Developer or such Contributor as a result of any such terms You
|
|
||||||
offer.
|
|
||||||
|
|
||||||
3.6. Larger Works.
|
3.6. Larger Works.
|
||||||
You may create a Larger Work by combining Covered Software with other code
|
You may create a Larger Work by combining Covered Software with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Software.
|
||||||
not governed by the terms of this License and distribute the Larger Work as
|
|
||||||
a single product. In such a case, You must make sure the requirements of this
|
|
||||||
License are fulfilled for the Covered Software.
|
|
||||||
|
|
||||||
4. Versions of the License.
|
4. Versions of the License.
|
||||||
|
|
||||||
4.1. New Versions.
|
4.1. New Versions.
|
||||||
Sun Microsystems, Inc. is the initial license steward and may publish revised
|
Sun Microsystems, Inc. is the initial license steward and may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Except as provided in Section 4.3, no one other than the license steward has the right to modify this License.
|
||||||
and/or new versions of this License from time to time. Each version will be
|
|
||||||
given a distinguishing version number. Except as provided in Section 4.3,
|
|
||||||
no one other than the license steward has the right to modify this License.
|
|
||||||
|
|
||||||
4.2. Effect of New Versions.
|
4.2. Effect of New Versions.
|
||||||
You may always continue to use, distribute or otherwise make the Covered Software
|
You may always continue to use, distribute or otherwise make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. If the Initial Developer includes a notice in the Original Software prohibiting it from being distributed or otherwise made available under any subsequent version of the License, You must distribute and make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. Otherwise, You may also choose to use, distribute or otherwise make the Covered Software available under the terms of any subsequent version of the License published by the license steward.
|
||||||
available under the terms of the version of the License under which You originally
|
|
||||||
received the Covered Software. If the Initial Developer includes a notice
|
|
||||||
in the Original Software prohibiting it from being distributed or otherwise
|
|
||||||
made available under any subsequent version of the License, You must distribute
|
|
||||||
and make the Covered Software available under the terms of the version of
|
|
||||||
the License under which You originally received the Covered Software. Otherwise,
|
|
||||||
You may also choose to use, distribute or otherwise make the Covered Software
|
|
||||||
available under the terms of any subsequent version of the License published
|
|
||||||
by the license steward.
|
|
||||||
|
|
||||||
4.3. Modified Versions.
|
4.3. Modified Versions.
|
||||||
When You are an Initial Developer and You want to create a new license for
|
When You are an Initial Developer and You want to create a new license for Your Original Software, You may create and use a modified version of this License if You: (a) rename the license and remove any references to the name of the license steward (except to note that the license differs from this License); and (b) otherwise make it clear that the license contains terms which differ from this License.
|
||||||
Your Original Software, You may create and use a modified version of this
|
|
||||||
License if You: (a) rename the license and remove any references to the name
|
|
||||||
of the license steward (except to note that the license differs from this
|
|
||||||
License); and (b) otherwise make it clear that the license contains terms
|
|
||||||
which differ from this License.
|
|
||||||
|
|
||||||
5. DISCLAIMER OF WARRANTY.
|
5. DISCLAIMER OF WARRANTY.
|
||||||
|
|
||||||
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT
|
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
|
||||||
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
|
|
||||||
WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT
|
|
||||||
FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY
|
|
||||||
AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE
|
|
||||||
PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
|
|
||||||
CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION.
|
|
||||||
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
|
|
||||||
NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
|
|
||||||
|
|
||||||
6. TERMINATION.
|
6. TERMINATION.
|
||||||
|
|
||||||
6.1. This License and the rights granted hereunder will terminate automatically
|
6.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
|
||||||
if You fail to comply with terms herein and fail to cure such breach within
|
|
||||||
30 days of becoming aware of the breach. Provisions which, by their nature,
|
|
||||||
must remain in effect beyond the termination of this License shall survive.
|
|
||||||
|
|
||||||
6.2. If You assert a patent infringement claim (excluding declaratory judgment
|
6.2. If You assert a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You assert such claim is referred to as “Participant”) alleging that the Participant Software (meaning the Contributor Version where the Participant is a Contributor or the Original Software where the Participant is the Initial Developer) directly or indirectly infringes any patent, then any and all rights granted directly or indirectly to You by such Participant, the Initial Developer (if the Initial Developer is not the Participant) and all Contributors under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively and automatically at the expiration of such 60 day notice period, unless if within such 60 day period You withdraw Your claim with respect to the Participant Software against such Participant either unilaterally or pursuant to a written agreement with Participant.
|
||||||
actions) against Initial Developer or a Contributor (the Initial Developer
|
|
||||||
or Contributor against whom You assert such claim is referred to as “Participant”)
|
|
||||||
alleging that the Participant Software (meaning the Contributor Version where
|
|
||||||
the Participant is a Contributor or the Original Software where the Participant
|
|
||||||
is the Initial Developer) directly or indirectly infringes any patent, then
|
|
||||||
any and all rights granted directly or indirectly to You by such Participant,
|
|
||||||
the Initial Developer (if the Initial Developer is not the Participant) and
|
|
||||||
all Contributors under Sections 2.1 and/or 2.2 of this License shall, upon
|
|
||||||
60 days notice from Participant terminate prospectively and automatically
|
|
||||||
at the expiration of such 60 day notice period, unless if within such 60 day
|
|
||||||
period You withdraw Your claim with respect to the Participant Software against
|
|
||||||
such Participant either unilaterally or pursuant to a written agreement with
|
|
||||||
Participant.
|
|
||||||
|
|
||||||
6.3. In the event of termination under Sections 6.1 or 6.2 above, all end
|
6.3. In the event of termination under Sections 6.1 or 6.2 above, all end user licenses that have been validly granted by You or any distributor hereunder prior to termination (excluding licenses granted to You by any distributor) shall survive termination.
|
||||||
user licenses that have been validly granted by You or any distributor hereunder
|
|
||||||
prior to termination (excluding licenses granted to You by any distributor)
|
|
||||||
shall survive termination.
|
|
||||||
|
|
||||||
7. LIMITATION OF LIABILITY.
|
7. LIMITATION OF LIABILITY.
|
||||||
|
|
||||||
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
|
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
|
||||||
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
|
|
||||||
OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER
|
|
||||||
OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
|
|
||||||
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
|
|
||||||
DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE
|
|
||||||
OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
|
|
||||||
SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
|
|
||||||
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
|
|
||||||
INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
|
|
||||||
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
|
|
||||||
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION
|
|
||||||
MAY NOT APPLY TO YOU.
|
|
||||||
|
|
||||||
8. U.S. GOVERNMENT END USERS.
|
8. U.S. GOVERNMENT END USERS.
|
||||||
|
|
||||||
The Covered Software is a “commercial item,” as that term is defined in 48
|
The Covered Software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” (as that term is defined at 48 C.F.R. § 252.227-7014(a)(1)) and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Software with only those rights set forth herein. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or provision that addresses Government rights in computer software under this License.
|
||||||
C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” (as
|
|
||||||
that term is defined at 48 C.F.R. § 252.227-7014(a)(1)) and “commercial computer
|
|
||||||
software documentation” as such terms are used in 48 C.F.R. 12.212 (Sept.
|
|
||||||
1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
|
|
||||||
(June 1995), all U.S. Government End Users acquire Covered Software with only
|
|
||||||
those rights set forth herein. This U.S. Government Rights clause is in lieu
|
|
||||||
of, and supersedes, any other FAR, DFAR, or other clause or provision that
|
|
||||||
addresses Government rights in computer software under this License.
|
|
||||||
|
|
||||||
9. MISCELLANEOUS.
|
9. MISCELLANEOUS.
|
||||||
|
|
||||||
This License represents the complete agreement concerning subject matter hereof.
|
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by the law of the jurisdiction specified in a notice contained within the Original Software (except to the extent applicable law, if any, provides otherwise), excluding such jurisdiction’s conflict-of-law provisions. Any litigation relating to this License shall be subject to the jurisdiction of the courts located in the jurisdiction and venue specified in a notice contained within the Original Software, with the losing party responsible for costs, including, without limitation, court costs and reasonable attorneys’ fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License. You agree that You alone are responsible for compliance with the United States export administration regulations (and the export control laws and regulation of any other countries) when You use, distribute or otherwise make available any Covered Software.
|
||||||
If any provision of this License is held to be unenforceable, such provision
|
|
||||||
shall be reformed only to the extent necessary to make it enforceable. This
|
|
||||||
License shall be governed by the law of the jurisdiction specified in a notice
|
|
||||||
contained within the Original Software (except to the extent applicable law,
|
|
||||||
if any, provides otherwise), excluding such jurisdiction’s conflict-of-law
|
|
||||||
provisions. Any litigation relating to this License shall be subject to the
|
|
||||||
jurisdiction of the courts located in the jurisdiction and venue specified
|
|
||||||
in a notice contained within the Original Software, with the losing party
|
|
||||||
responsible for costs, including, without limitation, court costs and reasonable
|
|
||||||
attorneys’ fees and expenses. The application of the United Nations Convention
|
|
||||||
on Contracts for the International Sale of Goods is expressly excluded. Any
|
|
||||||
law or regulation which provides that the language of a contract shall be
|
|
||||||
construed against the drafter shall not apply to this License. You agree that
|
|
||||||
You alone are responsible for compliance with the United States export administration
|
|
||||||
regulations (and the export control laws and regulation of any other countries)
|
|
||||||
when You use, distribute or otherwise make available any Covered Software.
|
|
||||||
|
|
||||||
10. RESPONSIBILITY FOR CLAIMS.
|
10. RESPONSIBILITY FOR CLAIMS.
|
||||||
|
|
||||||
As between Initial Developer and the Contributors, each party is responsible
|
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
|
||||||
for claims and damages arising, directly or indirectly, out of its utilization
|
|
||||||
of rights under this License and You agree to work with Initial Developer
|
|
||||||
and Contributors to distribute such responsibility on an equitable basis.
|
|
||||||
Nothing herein is intended or shall be deemed to constitute any admission
|
|
||||||
of liability.
|
|
||||||
|
|
|
@ -3,310 +3,121 @@ Version 1.1
|
||||||
|
|
||||||
1. Definitions.
|
1. Definitions.
|
||||||
|
|
||||||
1.1. “Contributor” means each individual or entity that creates or contributes
|
1.1. “Contributor” means each individual or entity that creates or contributes to the creation of Modifications.
|
||||||
to the creation of Modifications.
|
|
||||||
|
|
||||||
1.2. “Contributor Version” means the combination of the Original Software,
|
1.2. “Contributor Version” means the combination of the Original Software, prior Modifications used by a Contributor (if any), and the Modifications made by that particular Contributor.
|
||||||
prior Modifications used by a Contributor (if any), and the Modifications
|
|
||||||
made by that particular Contributor.
|
|
||||||
|
|
||||||
1.3. “Covered Software” means (a) the Original Software, or (b) Modifications,
|
1.3. “Covered Software” means (a) the Original Software, or (b) Modifications, or (c) the combination of files containing Original Software with files containing Modifications, in each case including portions thereof.
|
||||||
or (c) the combination of files containing Original Software with files containing
|
|
||||||
Modifications, in each case including portions thereof.
|
|
||||||
|
|
||||||
1.4. “Executable” means the Covered Software in any form other than Source
|
1.4. “Executable” means the Covered Software in any form other than Source Code.
|
||||||
Code.
|
|
||||||
|
|
||||||
1.5. “Initial Developer” means the individual or entity that first makes Original
|
1.5. “Initial Developer” means the individual or entity that first makes Original Software available under this License.
|
||||||
Software available under this License.
|
|
||||||
|
|
||||||
1.6. “Larger Work” means a work which combines Covered Software or portions
|
1.6. “Larger Work” means a work which combines Covered Software or portions thereof with code not governed by the terms of this License.
|
||||||
thereof with code not governed by the terms of this License.
|
|
||||||
|
|
||||||
1.7. “License” means this document.
|
1.7. “License” means this document.
|
||||||
|
|
||||||
1.8. “Licensable” means having the right to grant, to the maximum extent possible,
|
1.8. “Licensable” means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
|
||||||
whether at the time of the initial grant or subsequently acquired, any and
|
|
||||||
all of the rights conveyed herein.
|
|
||||||
|
|
||||||
1.9. “Modifications” means the Source Code and Executable form of any of the
|
1.9. “Modifications” means the Source Code and Executable form of any of the following:
|
||||||
following:
|
|
||||||
|
|
||||||
A. Any file that results from an addition to, deletion from or modification
|
A. Any file that results from an addition to, deletion from or modification of the contents of a file containing Original Software or previous Modifications;
|
||||||
of the contents of a file containing Original Software or previous Modifications;
|
|
||||||
|
|
||||||
B. Any new file that contains any part of the Original Software or previous
|
B. Any new file that contains any part of the Original Software or previous Modification; or
|
||||||
Modification; or
|
|
||||||
|
|
||||||
C. Any new file that is contributed or otherwise made available under the
|
C. Any new file that is contributed or otherwise made available under the terms of this License.
|
||||||
terms of this License.
|
|
||||||
|
|
||||||
1.10. “Original Software” means the Source Code and Executable form of computer
|
1.10. “Original Software” means the Source Code and Executable form of computer software code that is originally released under this License.
|
||||||
software code that is originally released under this License.
|
|
||||||
|
|
||||||
1.11. “Patent Claims” means any patent claim(s), now owned or hereafter acquired,
|
1.11. “Patent Claims” means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
|
||||||
including without limitation, method, process, and apparatus claims, in any
|
|
||||||
patent Licensable by grantor.
|
|
||||||
|
|
||||||
1.12. “Source Code” means (a) the common form of computer software code in
|
1.12. “Source Code” means (a) the common form of computer software code in which modifications are made and (b) associated documentation included in or with such code.
|
||||||
which modifications are made and (b) associated documentation included in
|
|
||||||
or with such code.
|
|
||||||
|
|
||||||
1.13. “You” (or “Your”) means an individual or a legal entity exercising rights
|
1.13. “You” (or “Your”) means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, “You” includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, “control” means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
|
||||||
under, and complying with all of the terms of, this License. For legal entities,
|
|
||||||
“You” includes any entity which controls, is controlled by, or is under common
|
|
||||||
control with You. For purposes of this definition, “control” means (a) the
|
|
||||||
power, direct or indirect, to cause the direction or management of such entity,
|
|
||||||
whether by contract or otherwise, or (b) ownership of more than fifty percent
|
|
||||||
(50%) of the outstanding shares or beneficial ownership of such entity.
|
|
||||||
|
|
||||||
2. License Grants.
|
2. License Grants.
|
||||||
|
|
||||||
2.1. The Initial Developer Grant.
|
2.1. The Initial Developer Grant.
|
||||||
Conditioned upon Your compliance with Section 3.1 below and subject to third
|
Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, the Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license:
|
||||||
party intellectual property claims, the Initial Developer hereby grants You
|
|
||||||
a world-wide, royalty-free, non-exclusive license:
|
|
||||||
|
|
||||||
(a) under intellectual property rights (other than patent or trademark) Licensable
|
(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer, to use, reproduce, modify, display, perform, sublicense and distribute the Original Software (or portions thereof), with or without Modifications, and/or as part of a Larger Work; and
|
||||||
by Initial Developer, to use, reproduce, modify, display, perform, sublicense
|
|
||||||
and distribute the Original Software (or portions thereof), with or without
|
|
||||||
Modifications, and/or as part of a Larger Work; and
|
|
||||||
|
|
||||||
(b) under Patent Claims infringed by the making, using or selling of Original
|
(b) under Patent Claims infringed by the making, using or selling of Original Software, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Software (or portions thereof).
|
||||||
Software, to make, have made, use, practice, sell, and offer for sale, and/or
|
|
||||||
otherwise dispose of the Original Software (or portions thereof).
|
|
||||||
|
|
||||||
(c) The licenses granted in Sections 2.1(a) and (b) are effective on the date
|
(c) The licenses granted in Sections 2.1(a) and (b) are effective on the date Initial Developer first distributes or otherwise makes the Original Software available to a third party under the terms of this License.
|
||||||
Initial Developer first distributes or otherwise makes the Original Software
|
|
||||||
available to a third party under the terms of this License.
|
|
||||||
|
|
||||||
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1)
|
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1) for code that You delete from the Original Software, or (2) for infringements caused by: (i) the modification of the Original Software, or (ii) the combination of the Original Software with other software or devices.
|
||||||
for code that You delete from the Original Software, or (2) for infringements
|
|
||||||
caused by: (i) the modification of the Original Software, or (ii) the combination
|
|
||||||
of the Original Software with other software or devices.
|
|
||||||
|
|
||||||
2.2. Contributor Grant.
|
2.2. Contributor Grant.
|
||||||
Conditioned upon Your compliance with Section 3.1 below and subject to third
|
Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license:
|
||||||
party intellectual property claims, each Contributor hereby grants You a world-wide,
|
|
||||||
royalty-free, non-exclusive license:
|
|
||||||
|
|
||||||
(a) under intellectual property rights (other than patent or trademark) Licensable
|
(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof), either on an unmodified basis, with other Modifications, as Covered Software and/or as part of a Larger Work; and
|
||||||
by Contributor to use, reproduce, modify, display, perform, sublicense and
|
|
||||||
distribute the Modifications created by such Contributor (or portions thereof),
|
|
||||||
either on an unmodified basis, with other Modifications, as Covered Software
|
|
||||||
and/or as part of a Larger Work; and
|
|
||||||
|
|
||||||
(b) under Patent Claims infringed by the making, using, or selling of Modifications
|
(b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: (1) Modifications made by that Contributor (or portions thereof); and (2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
|
||||||
made by that Contributor either alone and/or in combination with its Contributor
|
|
||||||
Version (or portions of such combination), to make, use, sell, offer for sale,
|
|
||||||
have made, and/or otherwise dispose of: (1) Modifications made by that Contributor
|
|
||||||
(or portions thereof); and (2) the combination of Modifications made by that
|
|
||||||
Contributor with its Contributor Version (or portions of such combination).
|
|
||||||
|
|
||||||
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
|
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first distributes or otherwise makes the Modifications available to a third party.
|
||||||
date Contributor first distributes or otherwise makes the Modifications available
|
|
||||||
to a third party.
|
|
||||||
|
|
||||||
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1)
|
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1) for any code that Contributor has deleted from the Contributor Version; (2) for infringements caused by: (i) third party modifications of Contributor Version, or (ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or (3) under Patent Claims infringed by Covered Software in the absence of Modifications made by that Contributor.
|
||||||
for any code that Contributor has deleted from the Contributor Version; (2)
|
|
||||||
for infringements caused by: (i) third party modifications of Contributor
|
|
||||||
Version, or (ii) the combination of Modifications made by that Contributor
|
|
||||||
with other software (except as part of the Contributor Version) or other devices;
|
|
||||||
or (3) under Patent Claims infringed by Covered Software in the absence of
|
|
||||||
Modifications made by that Contributor.
|
|
||||||
|
|
||||||
3. Distribution Obligations.
|
3. Distribution Obligations.
|
||||||
|
|
||||||
3.1. Availability of Source Code.
|
3.1. Availability of Source Code.
|
||||||
Any Covered Software that You distribute or otherwise make available in Executable
|
Any Covered Software that You distribute or otherwise make available in Executable form must also be made available in Source Code form and that Source Code form must be distributed only under the terms of this License. You must include a copy of this License with every copy of the Source Code form of the Covered Software You distribute or otherwise make available. You must inform recipients of any such Covered Software in Executable form as to how they can obtain such Covered Software in Source Code form in a reasonable manner on or through a medium customarily used for software exchange.
|
||||||
form must also be made available in Source Code form and that Source Code
|
|
||||||
form must be distributed only under the terms of this License. You must include
|
|
||||||
a copy of this License with every copy of the Source Code form of the Covered
|
|
||||||
Software You distribute or otherwise make available. You must inform recipients
|
|
||||||
of any such Covered Software in Executable form as to how they can obtain
|
|
||||||
such Covered Software in Source Code form in a reasonable manner on or through
|
|
||||||
a medium customarily used for software exchange.
|
|
||||||
|
|
||||||
3.2. Modifications.
|
3.2. Modifications.
|
||||||
The Modifications that You create or to which You contribute are governed
|
The Modifications that You create or to which You contribute are governed by the terms of this License. You represent that You believe Your Modifications are Your original creation(s) and/or You have sufficient rights to grant the rights conveyed by this License.
|
||||||
by the terms of this License. You represent that You believe Your Modifications
|
|
||||||
are Your original creation(s) and/or You have sufficient rights to grant the
|
|
||||||
rights conveyed by this License.
|
|
||||||
|
|
||||||
3.3. Required Notices.
|
3.3. Required Notices.
|
||||||
You must include a notice in each of Your Modifications that identifies You
|
You must include a notice in each of Your Modifications that identifies You as the Contributor of the Modification. You may not remove or alter any copyright, patent or trademark notices contained within the Covered Software, or any notices of licensing or any descriptive text giving attribution to any Contributor or the Initial Developer.
|
||||||
as the Contributor of the Modification. You may not remove or alter any copyright,
|
|
||||||
patent or trademark notices contained within the Covered Software, or any
|
|
||||||
notices of licensing or any descriptive text giving attribution to any Contributor
|
|
||||||
or the Initial Developer.
|
|
||||||
|
|
||||||
3.4. Application of Additional Terms.
|
3.4. Application of Additional Terms.
|
||||||
You may not offer or impose any terms on any Covered Software in Source Code
|
You may not offer or impose any terms on any Covered Software in Source Code form that alters or restricts the applicable version of this License or the recipients' rights hereunder. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, you may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
|
||||||
form that alters or restricts the applicable version of this License or the
|
|
||||||
recipients' rights hereunder. You may choose to offer, and to charge a fee
|
|
||||||
for, warranty, support, indemnity or liability obligations to one or more
|
|
||||||
recipients of Covered Software. However, you may do so only on Your own behalf,
|
|
||||||
and not on behalf of the Initial Developer or any Contributor. You must make
|
|
||||||
it absolutely clear that any such warranty, support, indemnity or liability
|
|
||||||
obligation is offered by You alone, and You hereby agree to indemnify the
|
|
||||||
Initial Developer and every Contributor for any liability incurred by the
|
|
||||||
Initial Developer or such Contributor as a result of warranty, support, indemnity
|
|
||||||
or liability terms You offer.
|
|
||||||
|
|
||||||
3.5. Distribution of Executable Versions.
|
3.5. Distribution of Executable Versions.
|
||||||
You may distribute the Executable form of the Covered Software under the terms
|
You may distribute the Executable form of the Covered Software under the terms of this License or under the terms of a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable form does not attempt to limit or alter the recipient's rights in the Source Code form from the rights set forth in this License. If You distribute the Covered Software in Executable form under a different license, You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
|
||||||
of this License or under the terms of a license of Your choice, which may
|
|
||||||
contain terms different from this License, provided that You are in compliance
|
|
||||||
with the terms of this License and that the license for the Executable form
|
|
||||||
does not attempt to limit or alter the recipient's rights in the Source Code
|
|
||||||
form from the rights set forth in this License. If You distribute the Covered
|
|
||||||
Software in Executable form under a different license, You must make it absolutely
|
|
||||||
clear that any terms which differ from this License are offered by You alone,
|
|
||||||
not by the Initial Developer or Contributor. You hereby agree to indemnify
|
|
||||||
the Initial Developer and every Contributor for any liability incurred by
|
|
||||||
the Initial Developer or such Contributor as a result of any such terms You
|
|
||||||
offer.
|
|
||||||
|
|
||||||
3.6. Larger Works.
|
3.6. Larger Works.
|
||||||
You may create a Larger Work by combining Covered Software with other code
|
You may create a Larger Work by combining Covered Software with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Software.
|
||||||
not governed by the terms of this License and distribute the Larger Work as
|
|
||||||
a single product. In such a case, You must make sure the requirements of this
|
|
||||||
License are fulfilled for the Covered Software.
|
|
||||||
|
|
||||||
4. Versions of the License.
|
4. Versions of the License.
|
||||||
|
|
||||||
4.1. New Versions.
|
4.1. New Versions.
|
||||||
Oracle is the initial license steward and may publish revised and/or new versions
|
Oracle is the initial license steward and may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Except as provided in Section 4.3, no one other than the license steward has the right to modify this License.
|
||||||
of this License from time to time. Each version will be given a distinguishing
|
|
||||||
version number. Except as provided in Section 4.3, no one other than the license
|
|
||||||
steward has the right to modify this License.
|
|
||||||
|
|
||||||
4.2. Effect of New Versions.
|
4.2. Effect of New Versions.
|
||||||
You may always continue to use, distribute or otherwise make the Covered Software
|
You may always continue to use, distribute or otherwise make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. If the Initial Developer includes a notice in the Original Software prohibiting it from being distributed or otherwise made available under any subsequent version of the License, You must distribute and make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. Otherwise, You may also choose to use, distribute or otherwise make the Covered Software available under the terms of any subsequent version of the License published by the license steward.
|
||||||
available under the terms of the version of the License under which You originally
|
|
||||||
received the Covered Software. If the Initial Developer includes a notice
|
|
||||||
in the Original Software prohibiting it from being distributed or otherwise
|
|
||||||
made available under any subsequent version of the License, You must distribute
|
|
||||||
and make the Covered Software available under the terms of the version of
|
|
||||||
the License under which You originally received the Covered Software. Otherwise,
|
|
||||||
You may also choose to use, distribute or otherwise make the Covered Software
|
|
||||||
available under the terms of any subsequent version of the License published
|
|
||||||
by the license steward.
|
|
||||||
|
|
||||||
4.3. Modified Versions.
|
4.3. Modified Versions.
|
||||||
When You are an Initial Developer and You want to create a new license for
|
When You are an Initial Developer and You want to create a new license for Your Original Software, You may create and use a modified version of this License if You: (a) rename the license and remove any references to the name of the license steward (except to note that the license differs from this License); and (b) otherwise make it clear that the license contains terms which differ from this License.
|
||||||
Your Original Software, You may create and use a modified version of this
|
|
||||||
License if You: (a) rename the license and remove any references to the name
|
|
||||||
of the license steward (except to note that the license differs from this
|
|
||||||
License); and (b) otherwise make it clear that the license contains terms
|
|
||||||
which differ from this License.
|
|
||||||
|
|
||||||
5. DISCLAIMER OF WARRANTY.
|
5. DISCLAIMER OF WARRANTY.
|
||||||
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT
|
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
|
||||||
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
|
|
||||||
WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT
|
|
||||||
FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY
|
|
||||||
AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE
|
|
||||||
PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
|
|
||||||
CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION.
|
|
||||||
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
|
|
||||||
NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
|
|
||||||
|
|
||||||
6. TERMINATION.
|
6. TERMINATION.
|
||||||
|
|
||||||
6.1. This License and the rights granted hereunder will terminate automatically
|
6.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
|
||||||
if You fail to comply with terms herein and fail to cure such breach within
|
|
||||||
30 days of becoming aware of the breach. Provisions which, by their nature,
|
|
||||||
must remain in effect beyond the termination of this License shall survive.
|
|
||||||
|
|
||||||
6.2. If You assert a patent infringement claim (excluding declaratory judgment
|
6.2. If You assert a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You assert such claim is referred to as “Participant”) alleging that the Participant Software (meaning the Contributor Version where the Participant is a Contributor or the Original Software where the Participant is the Initial Developer) directly or indirectly infringes any patent, then any and all rights granted directly or indirectly to You by such Participant, the Initial Developer (if the Initial Developer is not the Participant) and all Contributors under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively and automatically at the expiration of such 60 day notice period, unless if within such 60 day period You withdraw Your claim with respect to the Participant Software against such Participant either unilaterally or pursuant to a written agreement with Participant.
|
||||||
actions) against Initial Developer or a Contributor (the Initial Developer
|
|
||||||
or Contributor against whom You assert such claim is referred to as “Participant”)
|
|
||||||
alleging that the Participant Software (meaning the Contributor Version where
|
|
||||||
the Participant is a Contributor or the Original Software where the Participant
|
|
||||||
is the Initial Developer) directly or indirectly infringes any patent, then
|
|
||||||
any and all rights granted directly or indirectly to You by such Participant,
|
|
||||||
the Initial Developer (if the Initial Developer is not the Participant) and
|
|
||||||
all Contributors under Sections 2.1 and/or 2.2 of this License shall, upon
|
|
||||||
60 days notice from Participant terminate prospectively and automatically
|
|
||||||
at the expiration of such 60 day notice period, unless if within such 60 day
|
|
||||||
period You withdraw Your claim with respect to the Participant Software against
|
|
||||||
such Participant either unilaterally or pursuant to a written agreement with
|
|
||||||
Participant.
|
|
||||||
|
|
||||||
6.3. If You assert a patent infringement claim against Participant alleging
|
6.3. If You assert a patent infringement claim against Participant alleging that the Participant Software directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
|
||||||
that the Participant Software directly or indirectly infringes any patent
|
|
||||||
where such claim is resolved (such as by license or settlement) prior to the
|
|
||||||
initiation of patent infringement litigation, then the reasonable value of
|
|
||||||
the licenses granted by such Participant under Sections 2.1 or 2.2 shall be
|
|
||||||
taken into account in determining the amount or value of any payment or license.
|
|
||||||
|
|
||||||
6.4. In the event of termination under Sections 6.1 or 6.2 above, all end
|
6.4. In the event of termination under Sections 6.1 or 6.2 above, all end user licenses that have been validly granted by You or any distributor hereunder prior to termination (excluding licenses granted to You by any distributor) shall survive termination.
|
||||||
user licenses that have been validly granted by You or any distributor hereunder
|
|
||||||
prior to termination (excluding licenses granted to You by any distributor)
|
|
||||||
shall survive termination.
|
|
||||||
|
|
||||||
7. LIMITATION OF LIABILITY.
|
7. LIMITATION OF LIABILITY.
|
||||||
|
|
||||||
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
|
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
|
||||||
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
|
|
||||||
OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER
|
|
||||||
OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
|
|
||||||
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
|
|
||||||
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
|
|
||||||
OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL
|
|
||||||
HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
|
|
||||||
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
|
|
||||||
FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
|
|
||||||
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
|
|
||||||
OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO
|
|
||||||
YOU.
|
|
||||||
|
|
||||||
8. U.S. GOVERNMENT END USERS.
|
8. U.S. GOVERNMENT END USERS.
|
||||||
|
|
||||||
The Covered Software is a “commercial item,” as that term is defined in 48
|
The Covered Software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” (as that term is defined at 48 C.F.R. § 252.227-7014(a)(1)) and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Software with only those rights set forth herein. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or provision that addresses Government rights in computer software under this License.
|
||||||
C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” (as
|
|
||||||
that term is defined at 48 C.F.R. § 252.227-7014(a)(1)) and “commercial computer
|
|
||||||
software documentation” as such terms are used in 48 C.F.R. 12.212 (Sept.
|
|
||||||
1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
|
|
||||||
(June 1995), all U.S. Government End Users acquire Covered Software with only
|
|
||||||
those rights set forth herein. This U.S. Government Rights clause is in lieu
|
|
||||||
of, and supersedes, any other FAR, DFAR, or other clause or provision that
|
|
||||||
addresses Government rights in computer software under this License.
|
|
||||||
|
|
||||||
9. MISCELLANEOUS.
|
9. MISCELLANEOUS.
|
||||||
|
|
||||||
This License represents the complete agreement concerning subject matter hereof.
|
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by the law of the jurisdiction specified in a notice contained within the Original Software (except to the extent applicable law, if any, provides otherwise), excluding such jurisdiction's conflict-of-law provisions. Any litigation relating to this License shall be subject to the jurisdiction of the courts located in the jurisdiction and venue specified in a notice contained within the Original Software, with the losing party responsible for costs, including, without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License. You agree that You alone are responsible for compliance with the United States export administration regulations (and the export control laws and regulation of any other countries) when You use, distribute or otherwise make available any Covered Software.
|
||||||
If any provision of this License is held to be unenforceable, such provision
|
|
||||||
shall be reformed only to the extent necessary to make it enforceable. This
|
|
||||||
License shall be governed by the law of the jurisdiction specified in a notice
|
|
||||||
contained within the Original Software (except to the extent applicable law,
|
|
||||||
if any, provides otherwise), excluding such jurisdiction's conflict-of-law
|
|
||||||
provisions. Any litigation relating to this License shall be subject to the
|
|
||||||
jurisdiction of the courts located in the jurisdiction and venue specified
|
|
||||||
in a notice contained within the Original Software, with the losing party
|
|
||||||
responsible for costs, including, without limitation, court costs and reasonable
|
|
||||||
attorneys' fees and expenses. The application of the United Nations Convention
|
|
||||||
on Contracts for the International Sale of Goods is expressly excluded. Any
|
|
||||||
law or regulation which provides that the language of a contract shall be
|
|
||||||
construed against the drafter shall not apply to this License. You agree that
|
|
||||||
You alone are responsible for compliance with the United States export administration
|
|
||||||
regulations (and the export control laws and regulation of any other countries)
|
|
||||||
when You use, distribute or otherwise make available any Covered Software.
|
|
||||||
|
|
||||||
10. RESPONSIBILITY FOR CLAIMS.
|
10. RESPONSIBILITY FOR CLAIMS.
|
||||||
|
|
||||||
As between Initial Developer and the Contributors, each party is responsible
|
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
|
||||||
for claims and damages arising, directly or indirectly, out of its utilization
|
|
||||||
of rights under this License and You agree to work with Initial Developer
|
|
||||||
and Contributors to distribute such responsibility on an equitable basis.
|
|
||||||
Nothing herein is intended or shall be deemed to constitute any admission
|
|
||||||
of liability.
|
|
||||||
|
|
||||||
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE
|
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
|
||||||
(CDDL)
|
The code released under the CDDL shall be governed by the laws of the State of California (excluding conflict-of-law provisions). Any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California and the state courts of the State of California, with venue lying in Santa Clara County, California.
|
||||||
The code released under the CDDL shall be governed by the laws of the State
|
|
||||||
of California (excluding conflict-of-law provisions). Any litigation relating
|
|
||||||
to this License shall be subject to the jurisdiction of the Federal Courts
|
|
||||||
of the Northern District of California and the state courts of the State of
|
|
||||||
California, with venue lying in Santa Clara County, California.
|
|
||||||
|
|
|
@ -1,195 +1,85 @@
|
||||||
Community Data License Agreement – Permissive – Version 1.0
|
Community Data License Agreement – Permissive – Version 1.0
|
||||||
|
|
||||||
This is the Community Data License Agreement – Permissive, Version 1.0 (“Agreement”).
|
This is the Community Data License Agreement – Permissive, Version 1.0 (“Agreement”). Data is provided to You under this Agreement by each of the Data Providers. Your exercise of any of the rights and permissions granted below constitutes Your acceptance and agreement to be bound by the terms and conditions of this Agreement.
|
||||||
Data is provided to You under this Agreement by each of the Data Providers.
|
|
||||||
Your exercise of any of the rights and permissions granted below constitutes
|
|
||||||
Your acceptance and agreement to be bound by the terms and conditions of this
|
|
||||||
Agreement.
|
|
||||||
|
|
||||||
The benefits that each Data Provider receives from making Data available and
|
The benefits that each Data Provider receives from making Data available and that You receive from Data or otherwise under these terms and conditions shall be deemed sufficient consideration for the formation of this Agreement. Accordingly, Data Provider(s) and You (the “Parties”) agree as follows:
|
||||||
that You receive from Data or otherwise under these terms and conditions shall
|
|
||||||
be deemed sufficient consideration for the formation of this Agreement. Accordingly,
|
|
||||||
Data Provider(s) and You (the “Parties”) agree as follows:
|
|
||||||
|
|
||||||
Section 1. Definitions
|
Section 1. Definitions
|
||||||
|
|
||||||
1.1 “Add” means to supplement Data with Your own or someone else’s Data, resulting
|
1.1 “Add” means to supplement Data with Your own or someone else’s Data, resulting in Your “Additions.” Additions do not include Results.
|
||||||
in Your “Additions.” Additions do not include Results.
|
|
||||||
|
|
||||||
1.2 “Computational Use” means Your analysis (through the use of computational
|
1.2 “Computational Use” means Your analysis (through the use of computational devices or otherwise) or other interpretation of Data. By way of example and not limitation, “Computational Use” includes the application of any computational analytical technique, the purpose of which is the analysis of any Data in digital form to generate information about Data such as patterns, trends, correlations, inferences, insights and attributes.
|
||||||
devices or otherwise) or other interpretation of Data. By way of example
|
|
||||||
and not limitation, “Computational Use” includes the application of any computational
|
|
||||||
analytical technique, the purpose of which is the analysis of any Data in
|
|
||||||
digital form to generate information about Data such as patterns, trends,
|
|
||||||
correlations, inferences, insights and attributes.
|
|
||||||
|
|
||||||
1.3 “Data” means the information (including copyrightable information, such
|
1.3 “Data” means the information (including copyrightable information, such as images or text), collectively or individually, whether created or gathered by a Data Provider or an Entity acting on its behalf, to which rights are granted under this Agreement.
|
||||||
as images or text), collectively or individually, whether created or gathered
|
|
||||||
by a Data Provider or an Entity acting on its behalf, to which rights are
|
|
||||||
granted under this Agreement.
|
|
||||||
|
|
||||||
1.4 “Data Provider” means any Entity (including any employee or contractor
|
1.4 “Data Provider” means any Entity (including any employee or contractor of such Entity authorized to Publish Data on behalf of such Entity) that Publishes Data under this Agreement prior to Your Receiving it.
|
||||||
of such Entity authorized to Publish Data on behalf of such Entity) that Publishes
|
|
||||||
Data under this Agreement prior to Your Receiving it.
|
|
||||||
|
|
||||||
1.5 “Enhanced Data” means the subset of Data that You Publish and that is
|
1.5 “Enhanced Data” means the subset of Data that You Publish and that is composed of (a) Your Additions and/or (b) Modifications to Data You have received under this Agreement.
|
||||||
composed of (a) Your Additions and/or (b) Modifications to Data You have received
|
|
||||||
under this Agreement.
|
|
||||||
|
|
||||||
1.6 “Entity” means any natural person or organization that exists under the
|
1.6 “Entity” means any natural person or organization that exists under the laws of the jurisdiction in which it is organized, together with all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, “control” means (a) the power, directly or indirectly, to cause the direction or management of such entity, whether by contract or otherwise, (b) the ownership of more than fifty percent (50%) of the outstanding shares or securities, (c) the beneficial ownership of such entity or, (d) the ability to appoint, whether by agreement or right, the majority of directors of an Entity.
|
||||||
laws of the jurisdiction in which it is organized, together with all other
|
|
||||||
entities that control, are controlled by, or are under common control with
|
|
||||||
that entity. For the purposes of this definition, “control” means (a) the
|
|
||||||
power, directly or indirectly, to cause the direction or management of such
|
|
||||||
entity, whether by contract or otherwise, (b) the ownership of more than fifty
|
|
||||||
percent (50%) of the outstanding shares or securities, (c) the beneficial
|
|
||||||
ownership of such entity or, (d) the ability to appoint, whether by agreement
|
|
||||||
or right, the majority of directors of an Entity.
|
|
||||||
|
|
||||||
1.7 “Modify” means to delete, erase, correct or re-arrange Data, resulting
|
1.7 “Modify” means to delete, erase, correct or re-arrange Data, resulting in “Modifications.” Modifications do not include Results.
|
||||||
in “Modifications.” Modifications do not include Results.
|
|
||||||
|
|
||||||
1.8 “Publish” means to make all or a subset of Data (including Your Enhanced
|
1.8 “Publish” means to make all or a subset of Data (including Your Enhanced Data) available in any manner which enables its Use, including by providing a copy on physical media or remote access. For any form of Entity, that is to make the Data available to any individual who is not employed by that Entity or engaged as a contractor or agent to perform work on that Entity’s behalf. A “Publication” occurs each time You Publish Data.
|
||||||
Data) available in any manner which enables its Use, including by providing
|
|
||||||
a copy on physical media or remote access. For any form of Entity, that is
|
|
||||||
to make the Data available to any individual who is not employed by that Entity
|
|
||||||
or engaged as a contractor or agent to perform work on that Entity’s behalf.
|
|
||||||
A “Publication” occurs each time You Publish Data.
|
|
||||||
|
|
||||||
1.9 “Receive” or “Receives” means to have been given access to Data, locally
|
1.9 “Receive” or “Receives” means to have been given access to Data, locally or remotely.
|
||||||
or remotely.
|
|
||||||
|
|
||||||
1.10 “Results” means the outcomes or outputs that You obtain from Your Computational
|
1.10 “Results” means the outcomes or outputs that You obtain from Your Computational Use of Data. Results shall not include more than a de minimis portion of the Data on which the Computational Use is based.
|
||||||
Use of Data. Results shall not include more than a de minimis portion of
|
|
||||||
the Data on which the Computational Use is based.
|
|
||||||
|
|
||||||
1.11 “Sui Generis Database Rights” means rights, other than copyright, resulting
|
1.11 “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 equivalent rights anywhere in the world.
|
||||||
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 equivalent rights anywhere in the world.
|
|
||||||
|
|
||||||
1.12 “Use” means using Data (including accessing, copying, studying, reviewing,
|
1.12 “Use” means using Data (including accessing, copying, studying, reviewing, adapting, analyzing, evaluating, or making Computational Use of it), either by machines or humans, or a combination of both.
|
||||||
adapting, analyzing, evaluating, or making Computational Use of it), either
|
|
||||||
by machines or humans, or a combination of both.
|
|
||||||
|
|
||||||
1.13 “You” or “Your” means any Entity that Receives Data under this Agreement.
|
1.13 “You” or “Your” means any Entity that Receives Data under this Agreement.
|
||||||
|
|
||||||
Section 2. Right and License to Use and to Publish
|
Section 2. Right and License to Use and to Publish
|
||||||
|
|
||||||
2.1 Subject to the conditions set forth in Section 3 of this Agreement, Data
|
2.1 Subject to the conditions set forth in Section 3 of this Agreement, Data Provider(s) hereby grant(s) to You a worldwide, non-exclusive, irrevocable (except as provided in Section 5) right to: (a) Use Data; and (b) Publish Data.
|
||||||
Provider(s) hereby grant(s) to You a worldwide, non-exclusive, irrevocable
|
|
||||||
(except as provided in Section 5) right to: (a) Use Data; and (b) Publish
|
|
||||||
Data.
|
|
||||||
|
|
||||||
2.2 To the extent that the Data or the coordination, selection or arrangement
|
2.2 To the extent that the Data or the coordination, selection or arrangement of Data is protected or protectable under copyright, Sui Generis Database Rights, or other law, Data Provider(s) further agree(s) that such Data or coordination, selection or arrangement is hereby licensed to You and to anyone else who Receives Data under this Agreement for Use and Publication, subject to the conditions set forth in Section 3 of this Agreement.
|
||||||
of Data is protected or protectable under copyright, Sui Generis Database
|
|
||||||
Rights, or other law, Data Provider(s) further agree(s) that such Data or
|
|
||||||
coordination, selection or arrangement is hereby licensed to You and to anyone
|
|
||||||
else who Receives Data under this Agreement for Use and Publication, subject
|
|
||||||
to the conditions set forth in Section 3 of this Agreement.
|
|
||||||
|
|
||||||
2.3 Except for these rights and licenses expressly granted, no other intellectual
|
2.3 Except for these rights and licenses expressly granted, no other intellectual property rights are granted or should be implied.
|
||||||
property rights are granted or should be implied.
|
|
||||||
|
|
||||||
Section 3. Conditions on Rights Granted
|
Section 3. Conditions on Rights Granted
|
||||||
|
|
||||||
3.1 If You Publish Data You Receive or Enhanced Data:
|
3.1 If You Publish Data You Receive or Enhanced Data:
|
||||||
|
|
||||||
(a) You may do so under a license of Your choice provided that You give anyone
|
(a) You may do so under a license of Your choice provided that You give anyone who Receives the Data from You the text of this Agreement, the name of this Agreement and/or a hyperlink or other method reasonably likely to provide a copy of the text of this Agreement; and
|
||||||
who Receives the Data from You the text of this Agreement, the name of this
|
|
||||||
Agreement and/or a hyperlink or other method reasonably likely to provide
|
|
||||||
a copy of the text of this Agreement; and
|
|
||||||
|
|
||||||
(b) You must cause any Data files containing Enhanced Data to carry prominent
|
(b) You must cause any Data files containing Enhanced Data to carry prominent notices that You have changed those files; and
|
||||||
notices that You have changed those files; and
|
|
||||||
|
|
||||||
(c) If You Publish Data You Receive, You must preserve all credit or attribution
|
(c) If You Publish Data You Receive, You must preserve all credit or attribution to the Data Provider(s). Such retained credit or attribution includes any of the following to the extent they exist in Data as You have Received it: legal notices or metadata; identification of the Data Provider(s); or hyperlinks to Data to the extent it is practical to do so.
|
||||||
to the Data Provider(s). Such retained credit or attribution includes any
|
|
||||||
of the following to the extent they exist in Data as You have Received it:
|
|
||||||
legal notices or metadata; identification of the Data Provider(s); or hyperlinks
|
|
||||||
to Data to the extent it is practical to do so.
|
|
||||||
|
|
||||||
3.2 You may provide additional or different license terms and conditions for
|
3.2 You may provide additional or different license terms and conditions for use, reproduction, or distribution of that Enhanced Data, or for any combination of Data and Enhanced Data as a whole, provided that Your Use and Publication of that combined Data otherwise complies with the conditions stated in this License.
|
||||||
use, reproduction, or distribution of that Enhanced Data, or for any combination
|
|
||||||
of Data and Enhanced Data as a whole, provided that Your Use and Publication
|
|
||||||
of that combined Data otherwise complies with the conditions stated in this
|
|
||||||
License.
|
|
||||||
|
|
||||||
3.3 You and each Data Provider agree that Enhanced Data shall not be considered
|
3.3 You and each Data Provider agree that Enhanced Data shall not be considered a work of joint authorship by virtue of its relationship to Data licensed under this Agreement and shall not require either any obligation of accounting to or the consent of any Data Provider.
|
||||||
a work of joint authorship by virtue of its relationship to Data licensed
|
|
||||||
under this Agreement and shall not require either any obligation of accounting
|
|
||||||
to or the consent of any Data Provider.
|
|
||||||
|
|
||||||
3.4 This Agreement imposes no obligations or restrictions on Your Use or Publication
|
3.4 This Agreement imposes no obligations or restrictions on Your Use or Publication of Results.
|
||||||
of Results.
|
|
||||||
|
|
||||||
Section 4. Data Provider(s)’ Representations
|
Section 4. Data Provider(s)’ Representations
|
||||||
|
|
||||||
4.1 Each Data Provider represents that the Data Provider has exercised reasonable
|
4.1 Each Data Provider represents that the Data Provider has exercised reasonable care, to assure that: (a) the Data it Publishes was created or generated by it or was obtained from others with the right to Publish the Data under this Agreement; and (b) Publication of such Data does not violate any privacy or confidentiality obligation undertaken by the Data Provider.
|
||||||
care, to assure that: (a) the Data it Publishes was created or generated by
|
|
||||||
it or was obtained from others with the right to Publish the Data under this
|
|
||||||
Agreement; and (b) Publication of such Data does not violate any privacy or
|
|
||||||
confidentiality obligation undertaken by the Data Provider.
|
|
||||||
|
|
||||||
Section 5. Termination
|
Section 5. Termination
|
||||||
|
|
||||||
5.1 All of Your rights under this Agreement will terminate, and Your right
|
5.1 All of Your rights under this Agreement will terminate, and Your right to Receive, Use or Publish the Data will be revoked or modified if You materially fail to comply with the terms and conditions of this Agreement and You do not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If Your rights under this Agreement terminate, You agree to cease Receipt, Use and Publication of Data. However, Your obligations and any rights and permissions granted by You under this Agreement relating to Data that You Published prior to such termination will continue and survive.
|
||||||
to Receive, Use or Publish the Data will be revoked or modified if You materially
|
|
||||||
fail to comply with the terms and conditions of this Agreement and You do
|
|
||||||
not cure such failure in a reasonable period of time after becoming aware
|
|
||||||
of such noncompliance. If Your rights under this Agreement terminate, You
|
|
||||||
agree to cease Receipt, Use and Publication of Data. However, Your obligations
|
|
||||||
and any rights and permissions granted by You under this Agreement relating
|
|
||||||
to Data that You Published prior to such termination will continue and survive.
|
|
||||||
|
|
||||||
5.2 If You institute litigation against a Data Provider or anyone else who
|
5.2 If You institute litigation against a Data Provider or anyone else who Receives the Data (including a cross-claim in a lawsuit) based on the Data, other than a claim asserting breach of this Agreement, then any rights previously granted to You to Receive, Use and Publish Data under this Agreement will terminate as of the date such litigation is filed.
|
||||||
Receives the Data (including a cross-claim in a lawsuit) based on the Data,
|
|
||||||
other than a claim asserting breach of this Agreement, then any rights previously
|
|
||||||
granted to You to Receive, Use and Publish Data under this Agreement will
|
|
||||||
terminate as of the date such litigation is filed.
|
|
||||||
|
|
||||||
Section 6. Disclaimer of Warranties and Limitation of Liability
|
Section 6. Disclaimer of Warranties and Limitation of Liability
|
||||||
|
|
||||||
6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE DATA (INCLUDING ENHANCED
|
6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE DATA (INCLUDING ENHANCED DATA) IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
|
||||||
DATA) IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF
|
|
||||||
ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
|
|
||||||
OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
|
|
||||||
PARTICULAR PURPOSE.
|
|
||||||
|
|
||||||
6.2 NEITHER YOU NOR ANY DATA PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
|
6.2 NEITHER YOU NOR ANY DATA PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE DATA OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
||||||
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
|
|
||||||
WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
|
|
||||||
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
|
|
||||||
ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE DATA OR THE EXERCISE
|
|
||||||
OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
|
|
||||||
DAMAGES.
|
|
||||||
|
|
||||||
Section 7. Miscellaneous
|
Section 7. Miscellaneous
|
||||||
|
|
||||||
7.1 You agree that it is solely Your responsibility to comply with all applicable
|
7.1 You agree that it is solely Your responsibility to comply with all applicable laws with regard to Your Use or Publication of Data, including any applicable privacy, data protection, security and export laws. You agree to take reasonable steps to assist a Data Provider fulfilling responsibilities to comply with applicable laws with regard to Use or Publication of Data Received hereunder.
|
||||||
laws with regard to Your Use or Publication of Data, including any applicable
|
|
||||||
privacy, data protection, security and export laws. You agree to take reasonable
|
|
||||||
steps to assist a Data Provider fulfilling responsibilities to comply with
|
|
||||||
applicable laws with regard to Use or Publication of Data Received hereunder.
|
|
||||||
|
|
||||||
7.2 You and Data Provider(s), collectively and individually, waive and/or
|
7.2 You and Data Provider(s), collectively and individually, waive and/or agree not to assert, to the extent permitted by law, any moral rights You or they hold in Data.
|
||||||
agree not to assert, to the extent permitted by law, any moral rights You
|
|
||||||
or they hold in Data.
|
|
||||||
|
|
||||||
7.3 This Agreement confers no rights or remedies upon any person or entity
|
7.3 This Agreement confers no rights or remedies upon any person or entity other than the Parties and their respective heirs, executors, successors and assigns.
|
||||||
other than the Parties and their respective heirs, executors, successors and
|
|
||||||
assigns.
|
|
||||||
|
|
||||||
7.4 The Data Provider(s) reserve no right or expectation of privacy, data
|
7.4 The Data Provider(s) reserve no right or expectation of privacy, data protection or confidentiality in any Data that they Publish under this Agreement. If You choose to Publish Data under this Agreement, You similarly do so with no reservation or expectation of any rights of privacy or confidentiality in that Data.
|
||||||
protection or confidentiality in any Data that they Publish under this Agreement.
|
|
||||||
If You choose to Publish Data under this Agreement, You similarly do so with
|
|
||||||
no reservation or expectation of any rights of privacy or confidentiality
|
|
||||||
in that Data.
|
|
||||||
|
|
||||||
7.5 The Community Data License Agreement workgroup under The Linux Foundation
|
7.5 The Community Data License Agreement workgroup under The Linux Foundation is the steward of this Agreement (“Steward”). No one other than the Steward has the right to modify or publish new versions of this Agreement. Each version will be given a distinguishing version number. You may Use and Publish Data Received hereunder under the terms of the version of the Agreement under which You originally Received the Data, or under the terms of any subsequent version published by the Steward.
|
||||||
is the steward of this Agreement (“Steward”). No one other than the Steward
|
|
||||||
has the right to modify or publish new versions of this Agreement. Each version
|
|
||||||
will be given a distinguishing version number. You may Use and Publish Data
|
|
||||||
Received hereunder under the terms of the version of the Agreement under which
|
|
||||||
You originally Received the Data, or under the terms of any subsequent version
|
|
||||||
published by the Steward.
|
|
||||||
|
|
|
@ -1,208 +1,89 @@
|
||||||
Community Data License Agreement – Sharing – Version 1.0
|
Community Data License Agreement – Sharing – Version 1.0
|
||||||
|
|
||||||
This is the Community Data License Agreement – Sharing, Version 1.0 (“Agreement”).
|
This is the Community Data License Agreement – Sharing, Version 1.0 (“Agreement”). Data is provided to You under this Agreement by each of the Data Providers. Your exercise of any of the rights and permissions granted below constitutes Your acceptance and agreement to be bound by the terms and conditions of this Agreement.
|
||||||
Data is provided to You under this Agreement by each of the Data Providers.
|
|
||||||
Your exercise of any of the rights and permissions granted below constitutes
|
|
||||||
Your acceptance and agreement to be bound by the terms and conditions of this
|
|
||||||
Agreement.
|
|
||||||
|
|
||||||
The benefits that each Data Provider receives from making Data available and
|
The benefits that each Data Provider receives from making Data available and that You receive from Data or otherwise under these terms and conditions shall be deemed sufficient consideration for the formation of this Agreement. Accordingly, Data Provider(s) and You (the “Parties”) agree as follows:
|
||||||
that You receive from Data or otherwise under these terms and conditions shall
|
|
||||||
be deemed sufficient consideration for the formation of this Agreement. Accordingly,
|
|
||||||
Data Provider(s) and You (the “Parties”) agree as follows:
|
|
||||||
|
|
||||||
Section 1. Definitions
|
Section 1. Definitions
|
||||||
|
|
||||||
1.1 “Add” means to supplement Data with Your own or someone else’s Data, resulting
|
1.1 “Add” means to supplement Data with Your own or someone else’s Data, resulting in Your “Additions.” Additions do not include Results.
|
||||||
in Your “Additions.” Additions do not include Results.
|
|
||||||
|
|
||||||
1.2 “Computational Use” means Your analysis (through the use of computational
|
1.2 “Computational Use” means Your analysis (through the use of computational devices or otherwise) or other interpretation of Data. By way of example and not limitation, “Computational Use” includes the application of any computational analytical technique, the purpose of which is the analysis of any Data in digital form to generate information about Data such as patterns, trends, correlations, inferences, insights and attributes.
|
||||||
devices or otherwise) or other interpretation of Data. By way of example
|
|
||||||
and not limitation, “Computational Use” includes the application of any computational
|
|
||||||
analytical technique, the purpose of which is the analysis of any Data in
|
|
||||||
digital form to generate information about Data such as patterns, trends,
|
|
||||||
correlations, inferences, insights and attributes.
|
|
||||||
|
|
||||||
1.3 “Data” means the information (including copyrightable information, such
|
1.3 “Data” means the information (including copyrightable information, such as images or text), collectively or individually, whether created or gathered by a Data Provider or an Entity acting on its behalf, to which rights are granted under this Agreement.
|
||||||
as images or text), collectively or individually, whether created or gathered
|
|
||||||
by a Data Provider or an Entity acting on its behalf, to which rights are
|
|
||||||
granted under this Agreement.
|
|
||||||
|
|
||||||
1.4 “Data Provider” means any Entity (including any employee or contractor
|
1.4 “Data Provider” means any Entity (including any employee or contractor of such Entity authorized to Publish Data on behalf of such Entity) that Publishes Data under this Agreement prior to Your Receiving it.
|
||||||
of such Entity authorized to Publish Data on behalf of such Entity) that Publishes
|
|
||||||
Data under this Agreement prior to Your Receiving it.
|
|
||||||
|
|
||||||
1.5 “Enhanced Data” means the subset of Data that You Publish and that is
|
1.5 “Enhanced Data” means the subset of Data that You Publish and that is composed of (a) Your Additions and/or (b) Modifications to Data You have received under this Agreement.
|
||||||
composed of (a) Your Additions and/or (b) Modifications to Data You have received
|
|
||||||
under this Agreement.
|
|
||||||
|
|
||||||
1.6 “Entity” means any natural person or organization that exists under the
|
1.6 “Entity” means any natural person or organization that exists under the laws of the jurisdiction in which it is organized, together with all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, “control” means (a) the power, directly or indirectly, to cause the direction or management of such entity, whether by contract or otherwise, (b) the ownership of more than fifty percent (50%) of the outstanding shares or securities, (c) the beneficial ownership of such entity or, (d) the ability to appoint, whether by agreement or right, the majority of directors of an Entity.
|
||||||
laws of the jurisdiction in which it is organized, together with all other
|
|
||||||
entities that control, are controlled by, or are under common control with
|
|
||||||
that entity. For the purposes of this definition, “control” means (a) the
|
|
||||||
power, directly or indirectly, to cause the direction or management of such
|
|
||||||
entity, whether by contract or otherwise, (b) the ownership of more than fifty
|
|
||||||
percent (50%) of the outstanding shares or securities, (c) the beneficial
|
|
||||||
ownership of such entity or, (d) the ability to appoint, whether by agreement
|
|
||||||
or right, the majority of directors of an Entity.
|
|
||||||
|
|
||||||
1.7 “Ledger” means a digital record of Data or grants of rights in Data governed
|
1.7 “Ledger” means a digital record of Data or grants of rights in Data governed by this Agreement, using any technology having functionality to record and store Data or grants, contributions, or licenses to Data governed by this Agreement.
|
||||||
by this Agreement, using any technology having functionality to record and
|
|
||||||
store Data or grants, contributions, or licenses to Data governed by this
|
|
||||||
Agreement.
|
|
||||||
|
|
||||||
1.8 “Modify” means to delete, erase, correct or re-arrange Data, resulting
|
1.8 “Modify” means to delete, erase, correct or re-arrange Data, resulting in “Modifications.” Modifications do not include Results.
|
||||||
in “Modifications.” Modifications do not include Results.
|
|
||||||
|
|
||||||
1.9 “Publish” means to make all or a subset of Data (including Your Enhanced
|
1.9 “Publish” means to make all or a subset of Data (including Your Enhanced Data) available in any manner which enables its Use, including by providing a copy on physical media or remote access. For any form of Entity, that is to make the Data available to any individual who is not employed by that Entity or engaged as a contractor or agent to perform work on that Entity’s behalf. A “Publication” occurs each time You Publish Data.
|
||||||
Data) available in any manner which enables its Use, including by providing
|
|
||||||
a copy on physical media or remote access. For any form of Entity, that is
|
|
||||||
to make the Data available to any individual who is not employed by that Entity
|
|
||||||
or engaged as a contractor or agent to perform work on that Entity’s behalf.
|
|
||||||
A “Publication” occurs each time You Publish Data.
|
|
||||||
|
|
||||||
1.10 “Receive” or “Receives” means to have been given access to Data, locally
|
1.10 “Receive” or “Receives” means to have been given access to Data, locally or remotely.
|
||||||
or remotely.
|
|
||||||
|
|
||||||
1.11 “Results” means the outcomes or outputs that You obtain from Your Computational
|
1.11 “Results” means the outcomes or outputs that You obtain from Your Computational Use of Data. Results shall not include more than a de minimis portion of the Data on which the Computational Use is based.
|
||||||
Use of Data. Results shall not include more than a de minimis portion of
|
|
||||||
the Data on which the Computational Use is based.
|
|
||||||
|
|
||||||
1.12 “Sui Generis Database Rights” means rights, other than copyright, resulting
|
1.12 “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 equivalent rights anywhere in the world.
|
||||||
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 equivalent rights anywhere in the world.
|
|
||||||
|
|
||||||
1.13 “Use” means using Data (including accessing, copying, studying, reviewing,
|
1.13 “Use” means using Data (including accessing, copying, studying, reviewing, adapting, analyzing, evaluating, or making Computational Use of it), either by machines or humans, or a combination of both.
|
||||||
adapting, analyzing, evaluating, or making Computational Use of it), either
|
|
||||||
by machines or humans, or a combination of both.
|
|
||||||
|
|
||||||
1.14 “You” or “Your” means any Entity that Receives Data under this Agreement.
|
1.14 “You” or “Your” means any Entity that Receives Data under this Agreement.
|
||||||
|
|
||||||
Section 2. Right and License to Use and to Publish
|
Section 2. Right and License to Use and to Publish
|
||||||
|
|
||||||
2.1 Subject to the conditions set forth in Section 3 of this Agreement, Data
|
2.1 Subject to the conditions set forth in Section 3 of this Agreement, Data Provider(s) hereby grant(s) to You a worldwide, non-exclusive, irrevocable (except as provided in Section 5) right to: (a) Use Data; and (b) Publish Data.
|
||||||
Provider(s) hereby grant(s) to You a worldwide, non-exclusive, irrevocable
|
|
||||||
(except as provided in Section 5) right to: (a) Use Data; and (b) Publish
|
|
||||||
Data.
|
|
||||||
|
|
||||||
2.2 To the extent that the Data or the coordination, selection or arrangement
|
2.2 To the extent that the Data or the coordination, selection or arrangement of Data is protected or protectable under copyright, Sui Generis Database Rights, or other law, Data Provider(s) further agree(s) that such Data or coordination, selection or arrangement is hereby licensed to You and to anyone else who Receives Data under this Agreement for Use and Publication, subject to the conditions set forth in Section 3 of this Agreement.
|
||||||
of Data is protected or protectable under copyright, Sui Generis Database
|
|
||||||
Rights, or other law, Data Provider(s) further agree(s) that such Data or
|
|
||||||
coordination, selection or arrangement is hereby licensed to You and to anyone
|
|
||||||
else who Receives Data under this Agreement for Use and Publication, subject
|
|
||||||
to the conditions set forth in Section 3 of this Agreement.
|
|
||||||
|
|
||||||
2.3 Except for these rights and licenses expressly granted, no other intellectual
|
2.3 Except for these rights and licenses expressly granted, no other intellectual property rights are granted or should be implied.
|
||||||
property rights are granted or should be implied.
|
|
||||||
|
|
||||||
Section 3. Conditions on Rights Granted
|
Section 3. Conditions on Rights Granted
|
||||||
|
|
||||||
3.1 If You Publish Data You Receive or Enhanced Data:
|
3.1 If You Publish Data You Receive or Enhanced Data:
|
||||||
|
|
||||||
(a) The Data (including the Enhanced Data) must be Published under this Agreement
|
(a) The Data (including the Enhanced Data) must be Published under this Agreement in accordance with this Section 3; and
|
||||||
in accordance with this Section 3; and
|
|
||||||
|
|
||||||
(b) You must cause any Data files containing Enhanced Data to carry prominent
|
(b) You must cause any Data files containing Enhanced Data to carry prominent notices that You have changed those files; and
|
||||||
notices that You have changed those files; and
|
|
||||||
|
|
||||||
(c) If You Publish Data You Receive, You must preserve all credit or attribution
|
(c) If You Publish Data You Receive, You must preserve all credit or attribution to the Data Provider(s). Such retained credit or attribution includes any of the following to the extent they exist in Data as You have Received it: legal notices or metadata; identification of the Data Provider(s); or hyperlinks to Data to the extent it is practical to do so.
|
||||||
to the Data Provider(s). Such retained credit or attribution includes any
|
|
||||||
of the following to the extent they exist in Data as You have Received it:
|
|
||||||
legal notices or metadata; identification of the Data Provider(s); or hyperlinks
|
|
||||||
to Data to the extent it is practical to do so.
|
|
||||||
|
|
||||||
3.2 You may not restrict or deter the ability of anyone who Receives the Data
|
3.2 You may not restrict or deter the ability of anyone who Receives the Data (a) to Publish the Data in a publicly-accessible manner or (b) if the project has designated a Ledger for recording Data or grants of rights in Data for purposes of this Agreement, to record the Data or grants of rights in Data in the Ledger.
|
||||||
(a) to Publish the Data in a publicly-accessible manner or (b) if the project
|
|
||||||
has designated a Ledger for recording Data or grants of rights in Data for
|
|
||||||
purposes of this Agreement, to record the Data or grants of rights in Data
|
|
||||||
in the Ledger.
|
|
||||||
|
|
||||||
3.3 If You Publish Data You Receive, You must do so under an unmodified form
|
3.3 If You Publish Data You Receive, You must do so under an unmodified form of this Agreement and include the text of this Agreement, the name of this Agreement and/or a hyperlink or other method reasonably likely to provide a copy of the text of this Agreement. You may not modify this Agreement or impose any further restrictions on the exercise of the rights granted under this Agreement, including by adding any restriction on commercial or non-commercial Use of Data (including Your Enhanced Data) or by limiting permitted Use of such Data to any particular platform, technology or field of endeavor. Notices that purport to modify this Agreement shall be of no effect.
|
||||||
of this Agreement and include the text of this Agreement, the name of this
|
|
||||||
Agreement and/or a hyperlink or other method reasonably likely to provide
|
|
||||||
a copy of the text of this Agreement. You may not modify this Agreement or
|
|
||||||
impose any further restrictions on the exercise of the rights granted under
|
|
||||||
this Agreement, including by adding any restriction on commercial or non-commercial
|
|
||||||
Use of Data (including Your Enhanced Data) or by limiting permitted Use of
|
|
||||||
such Data to any particular platform, technology or field of endeavor. Notices
|
|
||||||
that purport to modify this Agreement shall be of no effect.
|
|
||||||
|
|
||||||
3.4 You and each Data Provider agree that Enhanced Data shall not be considered
|
3.4 You and each Data Provider agree that Enhanced Data shall not be considered a work of joint authorship by virtue of its relationship to Data licensed under this Agreement and shall not require either any obligation of accounting to or the consent of any Data Provider.
|
||||||
a work of joint authorship by virtue of its relationship to Data licensed
|
|
||||||
under this Agreement and shall not require either any obligation of accounting
|
|
||||||
to or the consent of any Data Provider.
|
|
||||||
|
|
||||||
3.5 This Agreement imposes no obligations or restrictions on Your Use or Publication
|
3.5 This Agreement imposes no obligations or restrictions on Your Use or Publication of Results.
|
||||||
of Results.
|
|
||||||
|
|
||||||
Section 4. Data Provider(s)’ Representations
|
Section 4. Data Provider(s)’ Representations
|
||||||
|
|
||||||
4.1 Each Data Provider represents that the Data Provider has exercised reasonable
|
4.1 Each Data Provider represents that the Data Provider has exercised reasonable care, to assure that: (a) the Data it Publishes was created or generated by it or was obtained from others with the right to Publish the Data under this Agreement; and (b) Publication of such Data does not violate any privacy or confidentiality obligation undertaken by the Data Provider.
|
||||||
care, to assure that: (a) the Data it Publishes was created or generated by
|
|
||||||
it or was obtained from others with the right to Publish the Data under this
|
|
||||||
Agreement; and (b) Publication of such Data does not violate any privacy or
|
|
||||||
confidentiality obligation undertaken by the Data Provider.
|
|
||||||
|
|
||||||
Section 5. Termination
|
Section 5. Termination
|
||||||
|
|
||||||
5.1 All of Your rights under this Agreement will terminate, and Your right
|
5.1 All of Your rights under this Agreement will terminate, and Your right to Receive, Use or Publish the Data will be revoked or modified if You materially fail to comply with the terms and conditions of this Agreement and You do not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If Your rights under this Agreement terminate, You agree to cease Receipt, Use and Publication of Data. However, Your obligations and any rights and permissions granted by You under this Agreement relating to Data that You Published prior to such termination will continue and survive.
|
||||||
to Receive, Use or Publish the Data will be revoked or modified if You materially
|
|
||||||
fail to comply with the terms and conditions of this Agreement and You do
|
|
||||||
not cure such failure in a reasonable period of time after becoming aware
|
|
||||||
of such noncompliance. If Your rights under this Agreement terminate, You
|
|
||||||
agree to cease Receipt, Use and Publication of Data. However, Your obligations
|
|
||||||
and any rights and permissions granted by You under this Agreement relating
|
|
||||||
to Data that You Published prior to such termination will continue and survive.
|
|
||||||
|
|
||||||
5.2 If You institute litigation against a Data Provider or anyone else who
|
5.2 If You institute litigation against a Data Provider or anyone else who Receives the Data (including a cross-claim in a lawsuit) based on the Data, other than a claim asserting breach of this Agreement, then any rights previously granted to You to Receive, Use and Publish Data under this Agreement will terminate as of the date such litigation is filed.
|
||||||
Receives the Data (including a cross-claim in a lawsuit) based on the Data,
|
|
||||||
other than a claim asserting breach of this Agreement, then any rights previously
|
|
||||||
granted to You to Receive, Use and Publish Data under this Agreement will
|
|
||||||
terminate as of the date such litigation is filed.
|
|
||||||
|
|
||||||
Section 6. Disclaimer of Warranties and Limitation of Liability
|
Section 6. Disclaimer of Warranties and Limitation of Liability
|
||||||
|
|
||||||
6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE DATA (INCLUDING ENHANCED
|
6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE DATA (INCLUDING ENHANCED DATA) IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
|
||||||
DATA) IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF
|
|
||||||
ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
|
|
||||||
OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
|
|
||||||
PARTICULAR PURPOSE.
|
|
||||||
|
|
||||||
6.2 NEITHER YOU NOR ANY DATA PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
|
6.2 NEITHER YOU NOR ANY DATA PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE DATA OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
||||||
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
|
|
||||||
WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
|
|
||||||
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
|
|
||||||
ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE DATA OR THE EXERCISE
|
|
||||||
OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
|
|
||||||
DAMAGES.
|
|
||||||
|
|
||||||
Section 7. Miscellaneous
|
Section 7. Miscellaneous
|
||||||
|
|
||||||
7.1 You agree that it is solely Your responsibility to comply with all applicable
|
7.1 You agree that it is solely Your responsibility to comply with all applicable laws with regard to Your Use or Publication of Data, including any applicable privacy, data protection, security and export laws. You agree to take reasonable steps to assist a Data Provider fulfilling responsibilities to comply with applicable laws with regard to Use or Publication of Data Received hereunder.
|
||||||
laws with regard to Your Use or Publication of Data, including any applicable
|
|
||||||
privacy, data protection, security and export laws. You agree to take reasonable
|
|
||||||
steps to assist a Data Provider fulfilling responsibilities to comply with
|
|
||||||
applicable laws with regard to Use or Publication of Data Received hereunder.
|
|
||||||
|
|
||||||
7.2 You and Data Provider(s), collectively and individually, waive and/or
|
7.2 You and Data Provider(s), collectively and individually, waive and/or agree not to assert, to the extent permitted by law, any moral rights You or they hold in Data.
|
||||||
agree not to assert, to the extent permitted by law, any moral rights You
|
|
||||||
or they hold in Data.
|
|
||||||
|
|
||||||
7.3 This Agreement confers no rights or remedies upon any person or entity
|
7.3 This Agreement confers no rights or remedies upon any person or entity other than the Parties and their respective heirs, executors, successors and assigns.
|
||||||
other than the Parties and their respective heirs, executors, successors and
|
|
||||||
assigns.
|
|
||||||
|
|
||||||
7.4 The Data Provider(s) reserve no right or expectation of privacy, data
|
7.4 The Data Provider(s) reserve no right or expectation of privacy, data protection or confidentiality in any Data that they Publish under this Agreement. If You choose to Publish Data under this Agreement, You similarly do so with no reservation or expectation of any rights of privacy or confidentiality in that Data.
|
||||||
protection or confidentiality in any Data that they Publish under this Agreement.
|
|
||||||
If You choose to Publish Data under this Agreement, You similarly do so with
|
|
||||||
no reservation or expectation of any rights of privacy or confidentiality
|
|
||||||
in that Data.
|
|
||||||
|
|
||||||
7.5 The Community Data License Agreement workgroup under The Linux Foundation
|
7.5 The Community Data License Agreement workgroup under The Linux Foundation is the steward of this Agreement (“Steward”). No one other than the Steward has the right to modify or publish new versions of this Agreement. Each version will be given a distinguishing version number. You may Use and Publish Data Received hereunder under the terms of the version of the Agreement under which You originally Received the Data, or under the terms of any subsequent version published by the Steward.
|
||||||
is the steward of this Agreement (“Steward”). No one other than the Steward
|
|
||||||
has the right to modify or publish new versions of this Agreement. Each version
|
|
||||||
will be given a distinguishing version number. You may Use and Publish Data
|
|
||||||
Received hereunder under the terms of the version of the Agreement under which
|
|
||||||
You originally Received the Data, or under the terms of any subsequent version
|
|
||||||
published by the Steward.
|
|
||||||
|
|
|
@ -2,115 +2,65 @@ CONTRAT DE LICENCE DE LOGICIEL LIBRE CeCILL
|
||||||
|
|
||||||
Avertissement
|
Avertissement
|
||||||
|
|
||||||
Ce contrat est une licence de logiciel libre issue d’une concertation entre
|
Ce contrat est une licence de logiciel libre issue d’une concertation entre ses auteurs afin que le respect de deux grands principes préside à sa rédaction:
|
||||||
ses auteurs afin que le respect de deux grands principes préside à sa rédaction:
|
• d’une part, sa conformité au droit français, tant au regard du droit de la responsabilité civile que du droit de la propriété intellectuelle et de la protection qu’il offre aux auteurs et titulaires des droits patrimoniaux sur un logiciel.
|
||||||
• d’une part, sa conformité au droit français, tant au regard du droit de
|
• d’autre part, le respect des principes de diffusion des logiciels libres: accès au code source, droits étendus conférés aux utilisateurs.
|
||||||
la responsabilité civile que du droit de la propriété intellectuelle et de
|
|
||||||
la protection qu’il offre aux auteurs et titulaires des droits patrimoniaux
|
|
||||||
sur un logiciel.
|
|
||||||
• d’autre part, le respect des principes de diffusion des logiciels libres:
|
|
||||||
accès au code source, droits étendus conférés aux utilisateurs.
|
|
||||||
|
|
||||||
Les auteurs de la licence CeCILL1 sont:
|
Les auteurs de la licence CeCILL1 sont:
|
||||||
|
|
||||||
Commissariat à l’Energie Atomique – CEA, établissement public de caractère
|
Commissariat à l’Energie Atomique – CEA, établissement public de caractère scientifique technique et industriel, dont le siège est situé 31-33 rue de la Fédération, 75752 PARIS cedex 15.
|
||||||
scientifique technique et industriel, dont le siège est situé 31-33 rue de
|
|
||||||
la Fédération, 75752 PARIS cedex 15.
|
|
||||||
|
|
||||||
Centre National de la Recherche Scientifique – CNRS, établissement public
|
Centre National de la Recherche Scientifique – CNRS, établissement public à caractère scientifique et technologique, dont le siège est situé 3 rue Michel-Ange 75794 Paris cedex 16.
|
||||||
à caractère scientifique et technologique, dont le siège est situé 3 rue Michel-Ange
|
|
||||||
75794 Paris cedex 16.
|
|
||||||
|
|
||||||
Institut National de Recherche en Informatique et en Automatique – INRIA,
|
Institut National de Recherche en Informatique et en Automatique – INRIA, établissement public à caractère scientifique et technologique, dont le siège est situé Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay cedex.
|
||||||
établissement public à caractère scientifique et technologique, dont le siège
|
|
||||||
est situé Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay cedex.
|
|
||||||
|
|
||||||
PREAMBULE
|
PREAMBULE
|
||||||
|
|
||||||
Ce contrat est une licence de logiciel libre dont l'objectif est de conférer
|
Ce contrat est une licence de logiciel libre dont l'objectif est de conférer aux utilisateurs la liberté de modification et de redistribution du logiciel régi par cette licence dans le cadre d'un modèle de diffusion «open source».
|
||||||
aux utilisateurs la liberté de modification et de redistribution du logiciel
|
|
||||||
régi par cette licence dans le cadre d'un modèle de diffusion «open source».
|
|
||||||
|
|
||||||
L'exercice de ces libertés est assorti de certains devoirs à la charge des
|
L'exercice de ces libertés est assorti de certains devoirs à la charge des utilisateurs afin de préserver ce statut au cours des redistributions ultérieures.
|
||||||
utilisateurs afin de préserver ce statut au cours des redistributions ultérieures.
|
|
||||||
|
|
||||||
L’accessibilité au code source et les droits de copie, de modification et
|
L’accessibilité au code source et les droits de copie, de modification et de redistribution qui en découlent ont pour contrepartie de n’offrir aux utilisateurs qu’une garantie limitée et de ne faire peser sur l’auteur du logiciel, le titulaire des droits patrimoniaux et les concédants successifs qu’une responsabilité restreinte.
|
||||||
de redistribution qui en découlent ont pour contrepartie de n’offrir aux utilisateurs
|
|
||||||
qu’une garantie limitée et de ne faire peser sur l’auteur du logiciel, le
|
|
||||||
titulaire des droits patrimoniaux et les concédants successifs qu’une responsabilité
|
|
||||||
restreinte.
|
|
||||||
|
|
||||||
A cet égard l’attention de l’utilisateur est attirée sur les risques associés
|
A cet égard l’attention de l’utilisateur est attirée sur les risques associés au chargement, à l’utilisation, à la modification et/ou au développement et à la reproduction du logiciel par l’utilisateur étant donné sa spécificité de logiciel libre, qui peut le rendre complexe à manipuler et qui le réserve donc à des développeurs et des professionnels avertis possédant des connaissances informatiques approfondies. Les utilisateurs sont donc invités à charger et tester l’adéquation du Logiciel à leurs besoins dans des conditions permettant d'assurer la sécurité de leurs systèmes et ou de leurs données et, plus généralement, à l'utiliser et l'exploiter dans les même conditions de sécurité. Ce contrat peut être reproduit et diffusé librement, sous réserve de le conserver en l’état, sans ajout ni suppression de clauses.
|
||||||
au chargement, à l’utilisation, à la modification et/ou au développement et
|
|
||||||
à la reproduction du logiciel par l’utilisateur étant donné sa spécificité
|
|
||||||
de logiciel libre, qui peut le rendre complexe à manipuler et qui le réserve
|
|
||||||
donc à des développeurs et des professionnels avertis possédant des connaissances
|
|
||||||
informatiques approfondies. Les utilisateurs sont donc invités à charger et
|
|
||||||
tester l’adéquation du Logiciel à leurs besoins dans des conditions permettant
|
|
||||||
d'assurer la sécurité de leurs systèmes et ou de leurs données et, plus généralement,
|
|
||||||
à l'utiliser et l'exploiter dans les même conditions de sécurité. Ce contrat
|
|
||||||
peut être reproduit et diffusé librement, sous réserve de le conserver en
|
|
||||||
l’état, sans ajout ni suppression de clauses.
|
|
||||||
|
|
||||||
Ce contrat est susceptible de s’appliquer à tout logiciel dont le titulaire
|
Ce contrat est susceptible de s’appliquer à tout logiciel dont le titulaire des droits patrimoniaux décide de soumettre l’exploitation aux dispositions qu’il contient.
|
||||||
des droits patrimoniaux décide de soumettre l’exploitation aux dispositions
|
|
||||||
qu’il contient.
|
|
||||||
|
|
||||||
Article 1er - DEFINITIONS
|
Article 1er - DEFINITIONS
|
||||||
|
|
||||||
Dans ce contrat, les termes suivants, lorsqu’ils seront écrits avec une lettre
|
Dans ce contrat, les termes suivants, lorsqu’ils seront écrits avec une lettre capitale, auront la signification suivante:
|
||||||
capitale, auront la signification suivante:
|
|
||||||
|
|
||||||
Contrat: désigne le présent contrat de licence, ses éventuelles versions postérieures
|
Contrat: désigne le présent contrat de licence, ses éventuelles versions postérieures et annexes.
|
||||||
et annexes.
|
|
||||||
|
|
||||||
Logiciel: désigne le logiciel sous sa forme de Code Objet et/ou de Code Source
|
Logiciel: désigne le logiciel sous sa forme de Code Objet et/ou de Code Source et le cas échéant sa documentation, dans leur état au moment de l’acceptation du
|
||||||
et le cas échéant sa documentation, dans leur état au moment de l’acceptation
|
|
||||||
du
|
|
||||||
Contrat par le Licencié.
|
Contrat par le Licencié.
|
||||||
|
|
||||||
Logiciel Initial: désigne le Logiciel sous sa forme de Code Source et de Code
|
Logiciel Initial: désigne le Logiciel sous sa forme de Code Source et de Code Objet et le cas échéant sa documentation, dans leur état au moment de leur première diffusion sous les termes du Contrat.
|
||||||
Objet et le cas échéant sa documentation, dans leur état au moment de leur
|
|
||||||
première diffusion sous les termes du Contrat.
|
|
||||||
|
|
||||||
Logiciel Modifié: désigne le Logiciel modifié par au moins une Contribution.
|
Logiciel Modifié: désigne le Logiciel modifié par au moins une Contribution.
|
||||||
|
|
||||||
Code Source: désigne l’ensemble des instructions et des lignes de programme
|
Code Source: désigne l’ensemble des instructions et des lignes de programme du Logiciel et auquel l’accès est nécessaire en vue de modifier le Logiciel.
|
||||||
du Logiciel et auquel l’accès est nécessaire en vue de modifier le Logiciel.
|
|
||||||
|
|
||||||
Code Objet: désigne les fichiers binaires issus de la compilation du Code
|
Code Objet: désigne les fichiers binaires issus de la compilation du Code Source.
|
||||||
Source.
|
|
||||||
|
|
||||||
Titulaire : désigne le détenteur des droits patrimoniaux d’auteur sur le Logiciel
|
Titulaire : désigne le détenteur des droits patrimoniaux d’auteur sur le Logiciel Initial.
|
||||||
Initial.
|
|
||||||
|
|
||||||
Licencié(s): désigne le ou les utilisateur(s) du Logiciel ayant accepté le
|
Licencié(s): désigne le ou les utilisateur(s) du Logiciel ayant accepté le Contrat.
|
||||||
Contrat.
|
|
||||||
|
|
||||||
Contributeur: désigne le Licencié auteur d’au moins une Contribution.
|
Contributeur: désigne le Licencié auteur d’au moins une Contribution.
|
||||||
|
|
||||||
Concédant: désigne le Titulaire ou toute personne physique ou morale distribuant
|
Concédant: désigne le Titulaire ou toute personne physique ou morale distribuant le Logiciel sous le Contrat.
|
||||||
le Logiciel sous le Contrat.
|
|
||||||
|
|
||||||
Contributions: désigne l’ensemble des modifications, corrections, traductions,
|
Contributions: désigne l’ensemble des modifications, corrections, traductions, adaptations et/ou nouvelles fonctionnalités intégrées dans le Logiciel par tout
|
||||||
adaptations et/ou nouvelles fonctionnalités intégrées dans le Logiciel par
|
|
||||||
tout
|
|
||||||
|
|
||||||
Contributeur, ainsi que les Modules Statiques.
|
Contributeur, ainsi que les Modules Statiques.
|
||||||
|
|
||||||
Module: désigne un ensemble de fichiers sources y compris leur documentation
|
Module: désigne un ensemble de fichiers sources y compris leur documentation qui, une fois compilé sous forme exécutable, permet de réaliser des fonctionnalités ou
|
||||||
qui, une fois compilé sous forme exécutable, permet de réaliser des fonctionnalités
|
|
||||||
ou
|
|
||||||
services supplémentaires à ceux fournis par le Logiciel.
|
services supplémentaires à ceux fournis par le Logiciel.
|
||||||
|
|
||||||
Module Dynamique: désigne tout Module, créé par le Contributeur, indépendant
|
Module Dynamique: désigne tout Module, créé par le Contributeur, indépendant du Logiciel, tel que ce Module et le Logiciel sont sous forme de deux exécutables indépendants qui s’exécutent dans un espace d’adressage indépendant, l’un appelant l’autre au moment de leur exécution.
|
||||||
du Logiciel, tel que ce Module et le Logiciel sont sous forme de deux exécutables
|
|
||||||
indépendants qui s’exécutent dans un espace d’adressage indépendant, l’un
|
|
||||||
appelant l’autre au moment de leur exécution.
|
|
||||||
|
|
||||||
Module Statique: désigne tout Module créé par le Contributeur et lié au Logiciel
|
Module Statique: désigne tout Module créé par le Contributeur et lié au Logiciel par un lien statique rendant leur code objet dépendant l'un de l'autre. Ce Module et le Logiciel auquel il est lié, sont regroupés en un seul exécutable.
|
||||||
par un lien statique rendant leur code objet dépendant l'un de l'autre. Ce
|
|
||||||
Module et le Logiciel auquel il est lié, sont regroupés en un seul exécutable.
|
|
||||||
|
|
||||||
Parties: désigne collectivement le Licencié et le Concédant.
|
Parties: désigne collectivement le Licencié et le Concédant.
|
||||||
|
|
||||||
|
@ -118,302 +68,148 @@ Ces termes s’entendent au singulier comme au pluriel.
|
||||||
|
|
||||||
Article 2 - OBJET
|
Article 2 - OBJET
|
||||||
|
|
||||||
Le Contrat a pour objet la concession par le Concédant au Licencié d’une Licence
|
Le Contrat a pour objet la concession par le Concédant au Licencié d’une Licence non exclusive, transférable et mondiale du Logiciel telle que définie ci-après à l'article 5 pour toute la durée de protection des droits portant sur ce Logiciel.
|
||||||
non exclusive, transférable et mondiale du Logiciel telle que définie ci-après
|
|
||||||
à l'article 5 pour toute la durée de protection des droits portant sur ce
|
|
||||||
Logiciel.
|
|
||||||
|
|
||||||
Article 3 - ACCEPTATION
|
Article 3 - ACCEPTATION
|
||||||
|
|
||||||
3.1. L’acceptation par le Licencié des termes du Contrat est réputée acquise
|
3.1. L’acceptation par le Licencié des termes du Contrat est réputée acquise du fait du premier des faits suivants:
|
||||||
du fait du premier des faits suivants:
|
• (i) le chargement du Logiciel par tout moyen notamment par téléchargement à partir d’un serveur distant ou par chargement à partir d’un support physique;
|
||||||
• (i) le chargement du Logiciel par tout moyen notamment par téléchargement
|
• (ii) le premier exercice par le Licencié de l’un quelconque des droits concédés par le Contrat.
|
||||||
à partir d’un serveur distant ou par chargement à partir d’un support physique;
|
|
||||||
• (ii) le premier exercice par le Licencié de l’un quelconque des droits
|
|
||||||
concédés par le Contrat.
|
|
||||||
|
|
||||||
3.2. Un exemplaire du Contrat, contenant notamment un avertissement relatif
|
3.2. Un exemplaire du Contrat, contenant notamment un avertissement relatif aux spécificités du Logiciel, à la restriction de garantie et à la limitation à un usage par des utilisateurs expérimentés a été mis à disposition du Licencié préalablement à son acceptation telle que définie à l'article 3.1 ci dessus et le Licencié reconnaît en avoir pris connaissances.
|
||||||
aux spécificités du Logiciel, à la restriction de garantie et à la limitation
|
|
||||||
à un usage par des utilisateurs expérimentés a été mis à disposition du Licencié
|
|
||||||
préalablement à son acceptation telle que définie à l'article 3.1 ci dessus
|
|
||||||
et le Licencié reconnaît en avoir pris connaissances.
|
|
||||||
|
|
||||||
Article 4 - ENTREE EN VIGUEUR ET DUREE
|
Article 4 - ENTREE EN VIGUEUR ET DUREE
|
||||||
|
|
||||||
4.1.ENTREE EN VIGUEUR
|
4.1.ENTREE EN VIGUEUR
|
||||||
|
|
||||||
Le Contrat entre en vigueur à la date de son acceptation par le Licencié telle
|
Le Contrat entre en vigueur à la date de son acceptation par le Licencié telle que définie en 3.1.
|
||||||
que définie en 3.1.
|
|
||||||
|
|
||||||
4.2. DUREE
|
4.2. DUREE
|
||||||
|
|
||||||
Le Contrat produira ses effets pendant toute la durée légale de protection
|
Le Contrat produira ses effets pendant toute la durée légale de protection des droits patrimoniaux portant sur le Logiciel.
|
||||||
des droits patrimoniaux portant sur le Logiciel.
|
|
||||||
|
|
||||||
Article 5 - ETENDUE DES DROITS CONCEDES
|
Article 5 - ETENDUE DES DROITS CONCEDES
|
||||||
|
|
||||||
Le Concédant concède au Licencié, qui accepte, les droits suivants sur le
|
Le Concédant concède au Licencié, qui accepte, les droits suivants sur le Logiciel pour toutes destinations et pour la durée du Contrat dans les conditions ci-après détaillées.
|
||||||
Logiciel pour toutes destinations et pour la durée du Contrat dans les conditions
|
|
||||||
ci-après détaillées.
|
|
||||||
|
|
||||||
Par ailleurs, le Concédant concède au Licencié à titre gracieux les droits
|
Par ailleurs, le Concédant concède au Licencié à titre gracieux les droits d’exploitation du ou des brevets qu’il détient sur tout ou partie des inventions
|
||||||
d’exploitation du ou des brevets qu’il détient sur tout ou partie des inventions
|
|
||||||
implémentées dans le Logiciel.
|
implémentées dans le Logiciel.
|
||||||
|
|
||||||
5.1. DROITS D’UTILISATION
|
5.1. DROITS D’UTILISATION
|
||||||
|
|
||||||
Le Licencié est autorisé à utiliser le Logiciel, sans restriction quant aux
|
Le Licencié est autorisé à utiliser le Logiciel, sans restriction quant aux domaines d’application, étant ci-après précisé que cela comporte:
|
||||||
domaines d’application, étant ci-après précisé que cela comporte:
|
1. la reproduction permanente ou provisoire du Logiciel en tout ou partie par tout moyen et sous toute forme.
|
||||||
1. la reproduction permanente ou provisoire du Logiciel en tout ou partie
|
2. le chargement, l’affichage, l’exécution, ou le stockage du Logiciel sur tout support.
|
||||||
par tout moyen et sous toute forme.
|
3. la possibilité d’en observer, d’en étudier, ou d’en tester le fonctionnement afin de déterminer les idées et principes qui sont à la base de n’importe quel élément de ce Logiciel; et ceci, lorsque le Licencié effectue toute opération de chargement, d’affichage, d’exécution, de transmission ou de stockage du Logiciel qu’il est en droit d’effectuer en vertu du Contrat.
|
||||||
2. le chargement, l’affichage, l’exécution, ou le stockage du Logiciel sur
|
|
||||||
tout support.
|
|
||||||
3. la possibilité d’en observer, d’en étudier, ou d’en tester le fonctionnement
|
|
||||||
afin de déterminer les idées et principes qui sont à la base de n’importe
|
|
||||||
quel élément de ce Logiciel; et ceci, lorsque le Licencié effectue toute opération
|
|
||||||
de chargement, d’affichage, d’exécution, de transmission ou de stockage du
|
|
||||||
Logiciel qu’il est en droit d’effectuer en vertu du Contrat.
|
|
||||||
|
|
||||||
5.2. DROIT D’APPORTER DES CONTRIBUTIONS
|
5.2. DROIT D’APPORTER DES CONTRIBUTIONS
|
||||||
|
|
||||||
Le droit d’apporter des Contributions comporte le droit de traduire, d’adapter,
|
Le droit d’apporter des Contributions comporte le droit de traduire, d’adapter, d’arranger ou d’apporter toute autre modification du Logiciel et le droit de reproduire le Logiciel en résultant.
|
||||||
d’arranger ou d’apporter toute autre modification du Logiciel et le droit
|
|
||||||
de reproduire le Logiciel en résultant.
|
|
||||||
|
|
||||||
Le Licencié est autorisé à apporter toute Contribution au Logiciel sous réserve
|
Le Licencié est autorisé à apporter toute Contribution au Logiciel sous réserve de mentionner, de façon explicite, son nom en tant qu’auteur de cette Contribution et la date de création de celle-ci.
|
||||||
de mentionner, de façon explicite, son nom en tant qu’auteur de cette Contribution
|
|
||||||
et la date de création de celle-ci.
|
|
||||||
|
|
||||||
5.3. DROITS DE DISTRIBUTION ET DE DIFFUSION
|
5.3. DROITS DE DISTRIBUTION ET DE DIFFUSION
|
||||||
|
|
||||||
Le droit de distribution et de diffusion comporte notamment le droit de transmettre
|
Le droit de distribution et de diffusion comporte notamment le droit de transmettre et de communiquer le Logiciel au public sur tout support et par tout moyen ainsi que le droit de mettre sur le marché à titre onéreux ou gratuit, un ou des exemplaires du Logiciel par tout procédé.
|
||||||
et de communiquer le Logiciel au public sur tout support et par tout moyen
|
|
||||||
ainsi que le droit de mettre sur le marché à titre onéreux ou gratuit, un
|
|
||||||
ou des exemplaires du Logiciel par tout procédé.
|
|
||||||
|
|
||||||
Le Licencié est autorisé à redistribuer des copies du Logiciel, modifié ou
|
Le Licencié est autorisé à redistribuer des copies du Logiciel, modifié ou non, à des tiers dans les conditions ci-après détaillées.
|
||||||
non, à des tiers dans les conditions ci-après détaillées.
|
|
||||||
|
|
||||||
5.3.1. REDISTRIBUTION DU LOGICIEL SANS MODIFICATION
|
5.3.1. REDISTRIBUTION DU LOGICIEL SANS MODIFICATION
|
||||||
Le Licencié est autorisé à redistribuer des copies conformes du Logiciel,
|
Le Licencié est autorisé à redistribuer des copies conformes du Logiciel, sous forme de Code Source ou de Code Objet, à condition que cette redistribution respecte les dispositions du Contrat dans leur totalité et soit accompagnée:
|
||||||
sous forme de Code Source ou de Code Objet, à condition que cette redistribution
|
|
||||||
respecte les dispositions du Contrat dans leur totalité et soit accompagnée:
|
|
||||||
1. d’un exemplaire du Contrat,
|
1. d’un exemplaire du Contrat,
|
||||||
2. d’un avertissement relatif à la restriction de garantie et de responsabilité
|
2. d’un avertissement relatif à la restriction de garantie et de responsabilité du Concédant telle que prévue aux articles 8 et 9,
|
||||||
du Concédant telle que prévue aux articles 8 et 9,
|
et que, dans le cas où seul le Code Objet du Logiciel est redistribué, le Licencié permette aux futurs Licenciés d’accéder facilement au Code Source complet du Logiciel en indiquant les modalités d’accès, étant entendu que le coût additionnel d’acquisition du Code Source ne devra pas excéder le simple coût de transfert des données.
|
||||||
et que, dans le cas où seul le Code Objet du Logiciel est redistribué, le
|
|
||||||
Licencié permette aux futurs Licenciés d’accéder facilement au Code Source
|
|
||||||
complet du Logiciel en indiquant les modalités d’accès, étant entendu que
|
|
||||||
le coût additionnel d’acquisition du Code Source ne devra pas excéder le simple
|
|
||||||
coût de transfert des données.
|
|
||||||
|
|
||||||
5.3.2. REDISTRIBUTION DU LOGICIEL MODIFIE
|
5.3.2. REDISTRIBUTION DU LOGICIEL MODIFIE
|
||||||
Lorsque le Licencié apporte une Contribution au Logiciel, les conditions de
|
Lorsque le Licencié apporte une Contribution au Logiciel, les conditions de redistribution du Logiciel Modifié sont alors soumises à l’intégralité des dispositions du Contrat.
|
||||||
redistribution du Logiciel Modifié sont alors soumises à l’intégralité des
|
Le Licencié est autorisé à redistribuer le Logiciel Modifié, sous forme de Code Source ou de Code Objet, à condition que cette redistribution respecte les dispositions du Contrat dans leur totalité et soit accompagnée:
|
||||||
dispositions du Contrat.
|
|
||||||
Le Licencié est autorisé à redistribuer le Logiciel Modifié, sous forme de
|
|
||||||
Code Source ou de Code Objet, à condition que cette redistribution respecte
|
|
||||||
les dispositions du Contrat dans leur totalité et soit accompagnée:
|
|
||||||
1. d’un exemplaire du Contrat,
|
1. d’un exemplaire du Contrat,
|
||||||
2. d’un avertissement relatif à la restriction de garantie et de responsabilité
|
2. d’un avertissement relatif à la restriction de garantie et de responsabilité du concédant telle que prévue aux articles 8 et 9,
|
||||||
du concédant telle que prévue aux articles 8 et 9,
|
et que, dans le cas où seul le Code Objet du Logiciel Modifié est redistribué, le Licencié permette aux futurs Licenciés d’accéder facilement au Code Source complet du Logiciel Modifié en indiquant les modalités d’accès, étant entendu que le coût additionnel d’acquisition du Code Source ne devra pas excéder le simple coût de transfert des données.
|
||||||
et que, dans le cas où seul le Code Objet du Logiciel Modifié est redistribué,
|
|
||||||
le Licencié permette aux futurs Licenciés d’accéder facilement au Code Source
|
|
||||||
complet du Logiciel Modifié en indiquant les modalités d’accès, étant entendu
|
|
||||||
que le coût additionnel d’acquisition du Code Source ne devra pas excéder
|
|
||||||
le simple coût de transfert des données.
|
|
||||||
|
|
||||||
5.3.3. REDISTRIBUTION DES MODULES DYNAMIQUES
|
5.3.3. REDISTRIBUTION DES MODULES DYNAMIQUES
|
||||||
Lorsque le Licencié a développé un Module Dynamique les conditions du Contrat
|
Lorsque le Licencié a développé un Module Dynamique les conditions du Contrat ne s’appliquent pas à ce Module Dynamique, qui peut être distribué sous un contrat de licence différent.
|
||||||
ne s’appliquent pas à ce Module Dynamique, qui peut être distribué sous un
|
|
||||||
contrat de licence différent.
|
|
||||||
|
|
||||||
5.3.4. COMPATIBILITE AVEC LA LICENCE GPL
|
5.3.4. COMPATIBILITE AVEC LA LICENCE GPL
|
||||||
Dans le cas où le Logiciel, Modifié ou non, est intégré à un code soumis aux
|
Dans le cas où le Logiciel, Modifié ou non, est intégré à un code soumis aux dispositions de la licence GPL, le Licencié est autorisé à redistribuer l’ensemble sous la licence GPL.
|
||||||
dispositions de la licence GPL, le Licencié est autorisé à redistribuer l’ensemble
|
Dans le cas où le Logiciel Modifié intègre un code soumis aux dispositions de la licence GPL, le Licencié est autorisé à redistribuer le Logiciel Modifié sous la licence GPL.
|
||||||
sous la licence GPL.
|
|
||||||
Dans le cas où le Logiciel Modifié intègre un code soumis aux dispositions
|
|
||||||
de la licence GPL, le Licencié est autorisé à redistribuer le Logiciel Modifié
|
|
||||||
sous la licence GPL.
|
|
||||||
|
|
||||||
Article 6 - PROPRIETE INTELLECTUELLE
|
Article 6 - PROPRIETE INTELLECTUELLE
|
||||||
|
|
||||||
6.1. SUR LE LOGICIEL INITIAL
|
6.1. SUR LE LOGICIEL INITIAL
|
||||||
Le Titulaire est détenteur des droits patrimoniaux sur le Logiciel Initial.
|
Le Titulaire est détenteur des droits patrimoniaux sur le Logiciel Initial. Toute utilisation du Logiciel Initial est soumise au respect des conditions dans lesquelles le Titulaire a choisi de diffuser son œuvre et nul autre n’a la faculté de modifier les conditions de diffusion de ce Logiciel Initial.
|
||||||
Toute utilisation du Logiciel Initial est soumise au respect des conditions
|
Le Titulaire s'engage à maintenir la diffusion du Logiciel initial sous les conditions du Contrat et ce, pour la durée visée à l'article 4.2.
|
||||||
dans lesquelles le Titulaire a choisi de diffuser son œuvre et nul autre n’a
|
|
||||||
la faculté de modifier les conditions de diffusion de ce Logiciel Initial.
|
|
||||||
Le Titulaire s'engage à maintenir la diffusion du Logiciel initial sous les
|
|
||||||
conditions du Contrat et ce, pour la durée visée à l'article 4.2.
|
|
||||||
|
|
||||||
6.2. SUR LES CONTRIBUTIONS
|
6.2. SUR LES CONTRIBUTIONS
|
||||||
Les droits de propriété intellectuelle sur les Contributions sont attachés
|
Les droits de propriété intellectuelle sur les Contributions sont attachés au titulaire de droits patrimoniaux désigné par la législation applicable.
|
||||||
au titulaire de droits patrimoniaux désigné par la législation applicable.
|
|
||||||
|
|
||||||
6.3. SUR LES MODULES DYNAMIQUES
|
6.3. SUR LES MODULES DYNAMIQUES
|
||||||
Le Licencié ayant développé un Module Dynamique est titulaire des droits de
|
Le Licencié ayant développé un Module Dynamique est titulaire des droits de propriété intellectuelle sur ce Module Dynamique et reste libre du choix du contrat régissant sa diffusion.
|
||||||
propriété intellectuelle sur ce Module Dynamique et reste libre du choix du
|
|
||||||
contrat régissant sa diffusion.
|
|
||||||
|
|
||||||
6.4. DISPOSITIONS COMMUNES
|
6.4. DISPOSITIONS COMMUNES
|
||||||
|
|
||||||
6.4.1. Le Licencié s’engage expressément:
|
6.4.1. Le Licencié s’engage expressément:
|
||||||
1. à ne pas supprimer ou modifier de quelque manière que ce soit les mentions
|
1. à ne pas supprimer ou modifier de quelque manière que ce soit les mentions de propriété intellectuelle apposées sur le Logiciel;
|
||||||
de propriété intellectuelle apposées sur le Logiciel;
|
2. à reproduire à l’identique lesdites mentions de propriété intellectuelle sur les copies du Logiciel.
|
||||||
2. à reproduire à l’identique lesdites mentions de propriété intellectuelle
|
6.4.2. Le Licencié s’engage à ne pas porter atteinte, directement ou indirectement, aux droits de propriété intellectuelle du Titulaire et/ou des Contributeurs et à prendre, le cas échéant, à l’égard de son personnel toutes les mesures nécessaires pour assurer le respect des dits droits de propriété intellectuelle du Titulaire et/ou des Contributeurs.
|
||||||
sur les copies du Logiciel.
|
|
||||||
6.4.2. Le Licencié s’engage à ne pas porter atteinte, directement ou indirectement,
|
|
||||||
aux droits de propriété intellectuelle du Titulaire et/ou des Contributeurs
|
|
||||||
et à prendre, le cas échéant, à l’égard de son personnel toutes les mesures
|
|
||||||
nécessaires pour assurer le respect des dits droits de propriété intellectuelle
|
|
||||||
du Titulaire et/ou des Contributeurs.
|
|
||||||
|
|
||||||
Article 7 - SERVICES ASSOCIES
|
Article 7 - SERVICES ASSOCIES
|
||||||
|
|
||||||
7.1. Le Contrat n’oblige en aucun cas le Concédant à la réalisation de prestations
|
7.1. Le Contrat n’oblige en aucun cas le Concédant à la réalisation de prestations d’assistance technique ou de maintenance du Logiciel.
|
||||||
d’assistance technique ou de maintenance du Logiciel.
|
Cependant le Concédant reste libre de proposer ce type de services. Les termes et conditions d’une telle assistance technique et/ou d’une telle maintenance seront alors déterminés dans un acte séparé. Ces actes de maintenance et/ou assistance technique n’engageront que la seule responsabilité du Concédant qui les propose.
|
||||||
Cependant le Concédant reste libre de proposer ce type de services. Les termes
|
|
||||||
et conditions d’une telle assistance technique et/ou d’une telle maintenance
|
|
||||||
seront alors déterminés dans un acte séparé. Ces actes de maintenance et/ou
|
|
||||||
assistance technique n’engageront que la seule responsabilité du Concédant
|
|
||||||
qui les propose.
|
|
||||||
|
|
||||||
7.2. De même, tout Concédant est libre de proposer, sous sa seule responsabilité,
|
7.2. De même, tout Concédant est libre de proposer, sous sa seule responsabilité, à ses licenciés une garantie, qui n’engagera que lui, lors de la redistribution du Logiciel et/ou du Logiciel Modifié et ce, dans les conditions qu’il souhaite. Cette garantie et les modalités financières de son application feront l’objet d’un acte séparé entre le Concédant et le Licencié.
|
||||||
à ses licenciés une garantie, qui n’engagera que lui, lors de la redistribution
|
|
||||||
du Logiciel et/ou du Logiciel Modifié et ce, dans les conditions qu’il souhaite.
|
|
||||||
Cette garantie et les modalités financières de son application feront l’objet
|
|
||||||
d’un acte séparé entre le Concédant et le Licencié.
|
|
||||||
|
|
||||||
Article 8 - RESPONSABILITE
|
Article 8 - RESPONSABILITE
|
||||||
|
|
||||||
8.1. Sous réserve des dispositions de l’article 8.2, si le Concédant n’exécute
|
8.1. Sous réserve des dispositions de l’article 8.2, si le Concédant n’exécute pas tout ou partie des obligations mises à sa charge par le Contrat, le Licencié a la faculté, sous réserve de prouver la faute du Concédant concerné, de solliciter la réparation du préjudice direct qu’il subit et dont il apportera la preuve.
|
||||||
pas tout ou partie des obligations mises à sa charge par le Contrat, le Licencié
|
|
||||||
a la faculté, sous réserve de prouver la faute du Concédant concerné, de solliciter
|
|
||||||
la réparation du préjudice direct qu’il subit et dont il apportera la preuve.
|
|
||||||
|
|
||||||
8.2. La responsabilité du Concédant est limitée aux engagements pris en application
|
8.2. La responsabilité du Concédant est limitée aux engagements pris en application du Contrat et ne saurait être engagée en raison notamment:(i) des dommages dus à l’inexécution, totale ou partielle, de ses obligations par le Licencié, (ii) des dommages directs ou indirects découlant de l’utilisation ou des performances du Logiciel subis par le Licencié lorsqu’il s’agit d’un professionnel utilisant le Logiciel à des fins professionnelles et (iii) des dommages indirects découlant de l’utilisation ou des performances du Logiciel. Les Parties conviennent expressément que tout préjudice financier ou commercial (par exemple perte de données, perte de bénéfices, perte d’exploitation, perte de clientèle ou de commandes, manque à gagner, trouble commercial quelconque) ou toute action dirigée contre le Licencié par un tiers, constitue un dommage indirect et n’ouvre pas droit à réparation par le Concédant.
|
||||||
du Contrat et ne saurait être engagée en raison notamment:(i) des dommages
|
|
||||||
dus à l’inexécution, totale ou partielle, de ses obligations par le Licencié,
|
|
||||||
(ii) des dommages directs ou indirects découlant de l’utilisation ou des performances
|
|
||||||
du Logiciel subis par le Licencié lorsqu’il s’agit d’un professionnel utilisant
|
|
||||||
le Logiciel à des fins professionnelles et (iii) des dommages indirects découlant
|
|
||||||
de l’utilisation ou des performances du Logiciel. Les Parties conviennent
|
|
||||||
expressément que tout préjudice financier ou commercial (par exemple perte
|
|
||||||
de données, perte de bénéfices, perte d’exploitation, perte de clientèle ou
|
|
||||||
de commandes, manque à gagner, trouble commercial quelconque) ou toute action
|
|
||||||
dirigée contre le Licencié par un tiers, constitue un dommage indirect et
|
|
||||||
n’ouvre pas droit à réparation par le Concédant.
|
|
||||||
|
|
||||||
Article 9 - GARANTIE
|
Article 9 - GARANTIE
|
||||||
|
|
||||||
9.1. Le Licencié reconnaît que l’état actuel des connaissances scientifiques
|
9.1. Le Licencié reconnaît que l’état actuel des connaissances scientifiques et techniques au moment de la mise en circulation du Logiciel ne permet pas d’en tester et d’en vérifier toutes les utilisations ni de détecter l’existence d’éventuels défauts. L’attention du Licencié a été attirée sur ce point sur les risques associés au chargement, à l’utilisation, la modification et/ou au développement et à la reproduction du Logiciel qui sont réservés à des utilisateurs avertis.
|
||||||
et techniques au moment de la mise en circulation du Logiciel ne permet pas
|
Il relève de la responsabilité du Licencié de contrôler, par tous moyens, l’adéquation du produit à ses besoins, son bon fonctionnement et de s'assurer qu’il ne causera pas de dommages aux personnes et aux biens.
|
||||||
d’en tester et d’en vérifier toutes les utilisations ni de détecter l’existence
|
|
||||||
d’éventuels défauts. L’attention du Licencié a été attirée sur ce point sur
|
|
||||||
les risques associés au chargement, à l’utilisation, la modification et/ou
|
|
||||||
au développement et à la reproduction du Logiciel qui sont réservés à des
|
|
||||||
utilisateurs avertis.
|
|
||||||
Il relève de la responsabilité du Licencié de contrôler, par tous moyens,
|
|
||||||
l’adéquation du produit à ses besoins, son bon fonctionnement et de s'assurer
|
|
||||||
qu’il ne causera pas de dommages aux personnes et aux biens.
|
|
||||||
|
|
||||||
9.2. Le Concédant déclare de bonne foi être en droit de concéder l'ensemble
|
9.2. Le Concédant déclare de bonne foi être en droit de concéder l'ensemble des droits attachés au Logiciel (comprenant notamment les droits visés à l'article 5).
|
||||||
des droits attachés au Logiciel (comprenant notamment les droits visés à l'article
|
|
||||||
5).
|
|
||||||
|
|
||||||
9.3. Le Licencié reconnaît que le Logiciel est fourni «en l'état» par le Concédant
|
9.3. Le Licencié reconnaît que le Logiciel est fourni «en l'état» par le Concédant sans autre garantie, expresse ou tacite, que celle prévue à l’article 9.2 et notamment sans aucune garantie sur sa valeur commerciale, son caractère sécurisé, innovant ou pertinent.
|
||||||
sans autre garantie, expresse ou tacite, que celle prévue à l’article 9.2
|
En particulier, le Concédant ne garantit pas que le Logiciel est exempt d'erreur, qu’il fonctionnera sans interruption, qu’il sera compatible avec l’équipement du Licencié et sa configuration logicielle ni qu’il remplira les besoins du Licencié.
|
||||||
et notamment sans aucune garantie sur sa valeur commerciale, son caractère
|
|
||||||
sécurisé, innovant ou pertinent.
|
|
||||||
En particulier, le Concédant ne garantit pas que le Logiciel est exempt d'erreur,
|
|
||||||
qu’il fonctionnera sans interruption, qu’il sera compatible avec l’équipement
|
|
||||||
du Licencié et sa configuration logicielle ni qu’il remplira les besoins du
|
|
||||||
Licencié.
|
|
||||||
|
|
||||||
9.4. Le Concédant ne garantit pas, de manière expresse ou tacite, que le Logiciel
|
9.4. Le Concédant ne garantit pas, de manière expresse ou tacite, que le Logiciel ne porte pas atteinte à un quelconque droit de propriété intellectuelle d’un tiers portant sur un brevet, un logiciel ou sur tout autre droit de propriété. Ainsi, le Concédant exclut toute garantie au profit du Licencié contre les actions en contrefaçon qui pourraient être diligentées au titre de l’utilisation, de la modification, et de la redistribution du Logiciel. Néanmoins, si de telles actions sont exercées contre le Licencié, le Concédant lui apportera son aide technique et juridique pour sa défense. Cette aide technique et juridique est déterminée au cas par cas entre le Concédant concerné et le Licencié dans le cadre d’un protocole d’accord. Le Concédant dégage toute responsabilité quant à l’utilisation de la dénomination du Logiciel par le Licencié. Aucune garantie n’est apportée quant à l’existence de droits antérieurs sur le nom du Logiciel et sur l’existence d’une marque.
|
||||||
ne porte pas atteinte à un quelconque droit de propriété intellectuelle d’un
|
|
||||||
tiers portant sur un brevet, un logiciel ou sur tout autre droit de propriété.
|
|
||||||
Ainsi, le Concédant exclut toute garantie au profit du Licencié contre les
|
|
||||||
actions en contrefaçon qui pourraient être diligentées au titre de l’utilisation,
|
|
||||||
de la modification, et de la redistribution du Logiciel. Néanmoins, si de
|
|
||||||
telles actions sont exercées contre le Licencié, le Concédant lui apportera
|
|
||||||
son aide technique et juridique pour sa défense. Cette aide technique et juridique
|
|
||||||
est déterminée au cas par cas entre le Concédant concerné et le Licencié dans
|
|
||||||
le cadre d’un protocole d’accord. Le Concédant dégage toute responsabilité
|
|
||||||
quant à l’utilisation de la dénomination du Logiciel par le Licencié. Aucune
|
|
||||||
garantie n’est apportée quant à l’existence de droits antérieurs sur le nom
|
|
||||||
du Logiciel et sur l’existence d’une marque.
|
|
||||||
|
|
||||||
Article 10 - RESILIATION
|
Article 10 - RESILIATION
|
||||||
|
|
||||||
10.1. En cas de manquement par le Licencié aux obligations mises à sa charge
|
10.1. En cas de manquement par le Licencié aux obligations mises à sa charge par le Contrat, le Concédant pourra résilier de plein droit le Contrat trente (30) jours après notification adressée au Licencié et restée sans effet.
|
||||||
par le Contrat, le Concédant pourra résilier de plein droit le Contrat trente
|
10.2. Le Licencié dont le Contrat est résilié n’est plus autorisé à utiliser, modifier ou distribuer le Logiciel. Cependant, toutes les licences qu’il aura concédées antérieurement à la résiliation du Contrat resteront valides sous réserve qu’elles aient été effectuées en conformité avec le Contrat.
|
||||||
(30) jours après notification adressée au Licencié et restée sans effet.
|
|
||||||
10.2. Le Licencié dont le Contrat est résilié n’est plus autorisé à utiliser,
|
|
||||||
modifier ou distribuer le Logiciel. Cependant, toutes les licences qu’il aura
|
|
||||||
concédées antérieurement à la résiliation du Contrat resteront valides sous
|
|
||||||
réserve qu’elles aient été effectuées en conformité avec le Contrat.
|
|
||||||
|
|
||||||
Article 11 - DISPOSITIONS DIVERSES
|
Article 11 - DISPOSITIONS DIVERSES
|
||||||
|
|
||||||
11.1. CAUSE EXTERIEURE
|
11.1. CAUSE EXTERIEURE
|
||||||
Aucune des Parties ne sera responsable d’un retard ou d’une défaillance d’exécution
|
Aucune des Parties ne sera responsable d’un retard ou d’une défaillance d’exécution du Contrat qui serait dû à un cas de force majeure, un cas fortuit ou une cause extérieure, telle que, notamment, le mauvais fonctionnement ou les interruptions du réseau électrique ou de télécommunication, la paralysie du réseau liée à une attaque informatique, l’intervention des autorités gouvernementales, les catastrophes naturelles, les dégâts des eaux, les tremblements de terre, le feu, les explosions, les grèves et les conflits sociaux, l’état de guerre…
|
||||||
du Contrat qui serait dû à un cas de force majeure, un cas fortuit ou une
|
|
||||||
cause extérieure, telle que, notamment, le mauvais fonctionnement ou les interruptions
|
|
||||||
du réseau électrique ou de télécommunication, la paralysie du réseau liée
|
|
||||||
à une attaque informatique, l’intervention des autorités gouvernementales,
|
|
||||||
les catastrophes naturelles, les dégâts des eaux, les tremblements de terre,
|
|
||||||
le feu, les explosions, les grèves et les conflits sociaux, l’état de guerre…
|
|
||||||
|
|
||||||
11.2. Le fait, par l’une ou l’autre des Parties, d’omettre en une ou plusieurs
|
11.2. Le fait, par l’une ou l’autre des Parties, d’omettre en une ou plusieurs occasions de se prévaloir d’une ou plusieurs dispositions du Contrat, ne pourra en aucun cas impliquer renonciation par la Partie intéressée à s’en prévaloir ultérieurement.
|
||||||
occasions de se prévaloir d’une ou plusieurs dispositions du Contrat, ne pourra
|
|
||||||
en aucun cas impliquer renonciation par la Partie intéressée à s’en prévaloir
|
|
||||||
ultérieurement.
|
|
||||||
|
|
||||||
11.3. Le Contrat annule et remplace toute convention antérieure, écrite ou
|
11.3. Le Contrat annule et remplace toute convention antérieure, écrite ou orale, entre les Parties sur le même objet et constitue l’accord entier entre les Parties sur cet objet. Aucune addition ou modification aux termes du Contrat n’aura d’effet à l’égard des Parties à moins d’être faite par écrit et signée par leurs représentants dûment habilités.
|
||||||
orale, entre les Parties sur le même objet et constitue l’accord entier entre
|
|
||||||
les Parties sur cet objet. Aucune addition ou modification aux termes du Contrat
|
|
||||||
n’aura d’effet à l’égard des Parties à moins d’être faite par écrit et signée
|
|
||||||
par leurs représentants dûment habilités.
|
|
||||||
|
|
||||||
11.4. Dans l’hypothèse où une ou plusieurs des dispositions du Contrat s’avèrerait
|
11.4. Dans l’hypothèse où une ou plusieurs des dispositions du Contrat s’avèrerait contraire à une loi ou à un texte applicable, existants ou futurs, cette loi ou ce texte prévaudrait, et les Parties feraient les amendements nécessaires pour se conformer à cette loi ou à ce texte. Toutes les autres dispositions resteront en vigueur. De même, la nullité, pour quelque raison que ce soit, d’une des dispositions du Contrat ne saurait entraîner la nullité de l’ensemble du Contrat.
|
||||||
contraire à une loi ou à un texte applicable, existants ou futurs, cette loi
|
|
||||||
ou ce texte prévaudrait, et les Parties feraient les amendements nécessaires
|
|
||||||
pour se conformer à cette loi ou à ce texte. Toutes les autres dispositions
|
|
||||||
resteront en vigueur. De même, la nullité, pour quelque raison que ce soit,
|
|
||||||
d’une des dispositions du Contrat ne saurait entraîner la nullité de l’ensemble
|
|
||||||
du Contrat.
|
|
||||||
|
|
||||||
11.5. LANGUE
|
11.5. LANGUE
|
||||||
Le Contrat est rédigé en langue française et en langue anglaise. En cas de
|
Le Contrat est rédigé en langue française et en langue anglaise. En cas de divergence d’interprétation, seule la version française fait foi.
|
||||||
divergence d’interprétation, seule la version française fait foi.
|
|
||||||
|
|
||||||
Article 12 - NOUVELLES VERSIONS DU CONTRAT
|
Article 12 - NOUVELLES VERSIONS DU CONTRAT
|
||||||
|
|
||||||
12.1. Toute personne est autorisée à copier et distribuer des copies de ce
|
12.1. Toute personne est autorisée à copier et distribuer des copies de ce Contrat.
|
||||||
Contrat.
|
|
||||||
|
|
||||||
12.2. Afin d’en préserver la cohérence, le texte du Contrat est protégé et
|
12.2. Afin d’en préserver la cohérence, le texte du Contrat est protégé et ne peut être modifié que par les auteurs de la licence, lesquels se réservent le droit de publier périodiquement des mises à jour ou de nouvelles versions du Contrat, qui possèderont chacune un numéro distinct. Ces versions ultérieures seront susceptibles de prendre en compte de nouvelles problématiques rencontrées par les logiciels libres.
|
||||||
ne peut être modifié que par les auteurs de la licence, lesquels se réservent
|
|
||||||
le droit de publier périodiquement des mises à jour ou de nouvelles versions
|
|
||||||
du Contrat, qui possèderont chacune un numéro distinct. Ces versions ultérieures
|
|
||||||
seront susceptibles de prendre en compte de nouvelles problématiques rencontrées
|
|
||||||
par les logiciels libres.
|
|
||||||
|
|
||||||
12.3. Tout Logiciel diffusé sous une version donnée du Contrat ne pourra faire
|
12.3. Tout Logiciel diffusé sous une version donnée du Contrat ne pourra faire l'objet d'une diffusion ultérieure que sous la même version du Contrat ou une version postérieure, sous réserve des dispositions de l'article 5.3.4.
|
||||||
l'objet d'une diffusion ultérieure que sous la même version du Contrat ou
|
|
||||||
une version postérieure, sous réserve des dispositions de l'article 5.3.4.
|
|
||||||
|
|
||||||
Article 13 - LOI APPLICABLE ET COMPETENCE TERRITORIALE
|
Article 13 - LOI APPLICABLE ET COMPETENCE TERRITORIALE
|
||||||
|
|
||||||
13.1. Le Contrat est régi par la loi française. Les Parties conviennent de
|
13.1. Le Contrat est régi par la loi française. Les Parties conviennent de tenter de régler à l’amiable les différends ou litiges qui viendraient à se produire par suite ou à l’occasion du Contrat.
|
||||||
tenter de régler à l’amiable les différends ou litiges qui viendraient à se
|
|
||||||
produire par suite ou à l’occasion du Contrat.
|
|
||||||
|
|
||||||
13.2. A défaut d’accord amiable dans un délai de deux (2) mois à compter de
|
13.2. A défaut d’accord amiable dans un délai de deux (2) mois à compter de leur survenance et sauf situation relevant d’une procédure d’urgence, les différends ou litiges seront portés par la Partie la plus diligente devant les Tribunaux compétents de Paris.
|
||||||
leur survenance et sauf situation relevant d’une procédure d’urgence, les
|
|
||||||
différends ou litiges seront portés par la Partie la plus diligente devant
|
|
||||||
les Tribunaux compétents de Paris.
|
|
||||||
|
|
||||||
1 Ce: CEA, C: CNRS, I: INRIA, LL: Logiciel Libre
|
1 Ce: CEA, C: CNRS, I: INRIA, LL: Logiciel Libre
|
||||||
|
|
||||||
|
|
|
@ -2,84 +2,45 @@
|
||||||
|
|
||||||
Notice
|
Notice
|
||||||
|
|
||||||
This Agreement is a free software license that is the result of discussions
|
This Agreement is a free software license that is the result of discussions between its authors in order to ensure compliance with the two main principles guiding its drafting:
|
||||||
between its authors in order to ensure compliance with the two main principles
|
- firstly, its conformity with French law, both as regards the law of torts and intellectual property law, and the protection that it offers to authors and the holders of economic rights over software.
|
||||||
guiding its drafting:
|
- secondly, compliance with the principles for the distribution of free software: access to source codes, extended user-rights.
|
||||||
- firstly, its conformity with French law, both as regards the law of torts
|
|
||||||
and intellectual property law, and the protection that it offers to authors
|
|
||||||
and the holders of economic rights over software.
|
|
||||||
- secondly, compliance with the principles for the distribution of free software:
|
|
||||||
access to source codes, extended user-rights.
|
|
||||||
|
|
||||||
The following bodies are the authors of this license CeCILL (Ce : CEA, C :
|
The following bodies are the authors of this license CeCILL (Ce : CEA, C : CNRS, I : INRIA, LL : Logiciel Libre):
|
||||||
CNRS, I : INRIA, LL : Logiciel Libre):
|
|
||||||
|
|
||||||
Commissariat à l'Energie Atomique - CEA, a public scientific, technical and
|
Commissariat à l'Energie Atomique - CEA, a public scientific, technical and industrial establishment, having its principal place of business at 31-33 rue de la Fédération, 75752 PARIS cedex 15, France.
|
||||||
industrial establishment, having its principal place of business at 31-33
|
|
||||||
rue de la Fédération, 75752 PARIS cedex 15, France.
|
|
||||||
|
|
||||||
Centre National de la Recherche Scientifique - CNRS, a public scientific and
|
Centre National de la Recherche Scientifique - CNRS, a public scientific and technological establishment, having its principal place of business at 3 rue Michel-Ange 75794 Paris cedex 16, France.
|
||||||
technological establishment, having its principal place of business at 3 rue
|
|
||||||
Michel-Ange 75794 Paris cedex 16, France.
|
|
||||||
|
|
||||||
Institut National de Recherche en Informatique et en Automatique - INRIA,
|
Institut National de Recherche en Informatique et en Automatique - INRIA, a public scientific and technological establishment, having its principal place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay cedex.
|
||||||
a public scientific and technological establishment, having its principal
|
|
||||||
place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le Chesnay
|
|
||||||
cedex.
|
|
||||||
|
|
||||||
PREAMBLE
|
PREAMBLE
|
||||||
|
|
||||||
The purpose of this Free Software Licensing Agreement is to grant users the
|
The purpose of this Free Software Licensing Agreement is to grant users the right to modify and redistribute the software governed by this license within the framework of an "open source" distribution model.
|
||||||
right to modify and redistribute the software governed by this license within
|
|
||||||
the framework of an "open source" distribution model.
|
|
||||||
|
|
||||||
The exercising of these rights is conditional upon certain obligations for
|
The exercising of these rights is conditional upon certain obligations for users so as to ensure that this status is retained for subsequent redistribution operations.
|
||||||
users so as to ensure that this status is retained for subsequent redistribution
|
|
||||||
operations.
|
|
||||||
|
|
||||||
As a counterpart to the access to the source code and rights to copy, modify
|
As a counterpart to the access to the source code and rights to copy, modify and redistribute granted by the license, users are provided only with a limited warranty and the software's author, the holder of the economic rights, and the successive licensors only have limited liability.
|
||||||
and redistribute granted by the license, users are provided only with a limited
|
|
||||||
warranty and the software's author, the holder of the economic rights, and
|
|
||||||
the successive licensors only have limited liability.
|
|
||||||
|
|
||||||
In this respect, it is brought to the user's attention that the risks associated
|
In this respect, it is brought to the user's attention that the risks associated with loading, using, modifying and/or developing or reproducing the software by the user given its nature of Free Software, that may mean that it is complicated to manipulate, and that also therefore means that it is reserved for developers and experienced professionals having in-depth computer knowledge. Users are therefore encouraged to load and test the Software's suitability as regards their requirements in conditions enabling the security of their systems and/or data to be ensured and, more generally, to use and operate it in the same conditions of security. This Agreement may be freely reproduced and published, provided it is not altered, and that no Articles are either added or removed herefrom.
|
||||||
with loading, using, modifying and/or developing or reproducing the software
|
|
||||||
by the user given its nature of Free Software, that may mean that it is complicated
|
|
||||||
to manipulate, and that also therefore means that it is reserved for developers
|
|
||||||
and experienced professionals having in-depth computer knowledge. Users are
|
|
||||||
therefore encouraged to load and test the Software's suitability as regards
|
|
||||||
their requirements in conditions enabling the security of their systems and/or
|
|
||||||
data to be ensured and, more generally, to use and operate it in the same
|
|
||||||
conditions of security. This Agreement may be freely reproduced and published,
|
|
||||||
provided it is not altered, and that no Articles are either added or removed
|
|
||||||
herefrom.
|
|
||||||
|
|
||||||
This Agreement may apply to any or all software for which the holder of the
|
This Agreement may apply to any or all software for which the holder of the economic rights decides to submit the operation thereof to its provisions.
|
||||||
economic rights decides to submit the operation thereof to its provisions.
|
|
||||||
|
|
||||||
Article 1 - DEFINITIONS
|
Article 1 - DEFINITIONS
|
||||||
|
|
||||||
For the purposes of this Agreement, when the following expressions commence
|
For the purposes of this Agreement, when the following expressions commence with a capital letter, they shall have the following meaning:
|
||||||
with a capital letter, they shall have the following meaning:
|
|
||||||
|
|
||||||
Agreement: means this Licensing Agreement, and any or all of its subsequent
|
Agreement: means this Licensing Agreement, and any or all of its subsequent versions.
|
||||||
versions.
|
|
||||||
|
|
||||||
Software: means the software in its Object Code and/or Source Code form and,
|
Software: means the software in its Object Code and/or Source Code form and, where applicable, its documentation, "as is" at the time when the Licensee accepts the Agreement.
|
||||||
where applicable, its documentation, "as is" at the time when the Licensee
|
|
||||||
accepts the Agreement.
|
|
||||||
|
|
||||||
Initial Software: means the Software in its Source Code and/or Object Code
|
Initial Software: means the Software in its Source Code and/or Object Code form and, where applicable, its documentation, "as is" at the time when it is distributed for the first time under the terms and conditions of the Agreement.
|
||||||
form and, where applicable, its documentation, "as is" at the time when it
|
|
||||||
is distributed for the first time under the terms and conditions of the Agreement.
|
|
||||||
|
|
||||||
Modified Software: means the Software modified by at least one Contribution.
|
Modified Software: means the Software modified by at least one Contribution.
|
||||||
|
|
||||||
Source Code: means all the Software's instructions and program lines to which
|
Source Code: means all the Software's instructions and program lines to which access is required so as to modify the Software.
|
||||||
access is required so as to modify the Software.
|
|
||||||
|
|
||||||
Object Code: means the binary files originating from the compilation of the
|
Object Code: means the binary files originating from the compilation of the Source Code.
|
||||||
Source Code.
|
|
||||||
|
|
||||||
Holder: means the holder of the economic rights over the Initial Software.
|
Holder: means the holder of the economic rights over the Initial Software.
|
||||||
|
|
||||||
|
@ -87,26 +48,15 @@ Licensee(s): mean(s) the Software user(s) having accepted the Agreement.
|
||||||
|
|
||||||
Contributor: means a Licensee having made at least one Contribution.
|
Contributor: means a Licensee having made at least one Contribution.
|
||||||
|
|
||||||
Licensor: means the Holder, or any or all other individual or legal entity,
|
Licensor: means the Holder, or any or all other individual or legal entity, that distributes the Software under the Agreement.
|
||||||
that distributes the Software under the Agreement.
|
|
||||||
|
|
||||||
Contributions: mean any or all modifications, corrections, translations, adaptations
|
Contributions: mean any or all modifications, corrections, translations, adaptations and/or new functionalities integrated into the Software by any or all Contributor, and the Static Modules.
|
||||||
and/or new functionalities integrated into the Software by any or all Contributor,
|
|
||||||
and the Static Modules.
|
|
||||||
|
|
||||||
Module: means a set of sources files including their documentation that, once
|
Module: means a set of sources files including their documentation that, once compiled in executable form, enables supplementary functionalities or services to be developed in addition to those offered by the Software.
|
||||||
compiled in executable form, enables supplementary functionalities or services
|
|
||||||
to be developed in addition to those offered by the Software.
|
|
||||||
|
|
||||||
Dynamic Module: means any or all module, created by the Contributor, that
|
Dynamic Module: means any or all module, created by the Contributor, that is independent of the Software, so that this module and the Software are in two different executable forms that are run in separate address spaces, with one calling the other when they are run.
|
||||||
is independent of the Software, so that this module and the Software are in
|
|
||||||
two different executable forms that are run in separate address spaces, with
|
|
||||||
one calling the other when they are run.
|
|
||||||
|
|
||||||
Static Module: means any or all module, created by the Contributor and connected
|
Static Module: means any or all module, created by the Contributor and connected to the Software by a static link that makes their object codes interdependent. This module and the Software to which it is connected, are combined in a single executable.
|
||||||
to the Software by a static link that makes their object codes interdependent.
|
|
||||||
This module and the Software to which it is connected, are combined in a single
|
|
||||||
executable.
|
|
||||||
|
|
||||||
Parties: mean both the Licensee and the Licensor.
|
Parties: mean both the Licensee and the Licensor.
|
||||||
|
|
||||||
|
@ -114,324 +64,166 @@ These expressions may be used both in singular and plural form.
|
||||||
|
|
||||||
Article 2 - PURPOSE
|
Article 2 - PURPOSE
|
||||||
|
|
||||||
The purpose of the Agreement is to enable the Licensor to grant the Licensee
|
The purpose of the Agreement is to enable the Licensor to grant the Licensee a free, non-exclusive, transferable and worldwide License for the Software as set forth in Article 5 hereinafter for the whole term of protection of the rights over said Software.
|
||||||
a free, non-exclusive, transferable and worldwide License for the Software
|
|
||||||
as set forth in Article 5 hereinafter for the whole term of protection of
|
|
||||||
the rights over said Software.
|
|
||||||
|
|
||||||
Article 3 - ACCEPTANCE
|
Article 3 - ACCEPTANCE
|
||||||
|
|
||||||
3.1. The Licensee shall be deemed as having accepted the terms and conditions
|
3.1. The Licensee shall be deemed as having accepted the terms and conditions of this Agreement by the occurrence of the first of the following events:
|
||||||
of this Agreement by the occurrence of the first of the following events:
|
(i) loading the Software by any or all means, notably, by downloading from a remote server, or by loading from a physical medium;
|
||||||
(i) loading the Software by any or all means, notably, by downloading from
|
(ii) the first time the Licensee exercises any of the rights granted hereunder.
|
||||||
a remote server, or by loading from a physical medium;
|
|
||||||
(ii) the first time the Licensee exercises any of the rights granted hereunder.
|
|
||||||
|
|
||||||
3.2. One copy of the Agreement, containing a notice relating to the specific
|
3.2. One copy of the Agreement, containing a notice relating to the specific nature of the Software, to the limited warranty, and to the limitation to use by experienced users has been provided to the Licensee prior to its acceptance as set forth in Article 3.1 hereinabove, and the Licensee hereby acknowledges that it is aware thereof.
|
||||||
nature of the Software, to the limited warranty, and to the limitation to
|
|
||||||
use by experienced users has been provided to the Licensee prior to its acceptance
|
|
||||||
as set forth in Article 3.1 hereinabove, and the Licensee hereby acknowledges
|
|
||||||
that it is aware thereof.
|
|
||||||
|
|
||||||
Article 4 - EFFECTIVE DATE AND TERM
|
Article 4 - EFFECTIVE DATE AND TERM
|
||||||
|
|
||||||
4.1. EFFECTIVE DATE
|
4.1. EFFECTIVE DATE
|
||||||
|
|
||||||
The Agreement shall become effective on the date when it is accepted by the
|
The Agreement shall become effective on the date when it is accepted by the Licensee as set forth in Article 3.1.
|
||||||
Licensee as set forth in Article 3.1.
|
|
||||||
|
|
||||||
4.2. TERM
|
4.2. TERM
|
||||||
|
|
||||||
The Agreement shall remain in force during the whole legal term of protection
|
The Agreement shall remain in force during the whole legal term of protection of the economic rights over the Software.
|
||||||
of the economic rights over the Software.
|
|
||||||
|
|
||||||
Article 5 - SCOPE OF THE RIGHTS GRANTED ---------------------------------------
|
Article 5 - SCOPE OF THE RIGHTS GRANTED ---------------------------------------
|
||||||
|
|
||||||
The Licensor hereby grants to the Licensee, that accepts such, the following
|
The Licensor hereby grants to the Licensee, that accepts such, the following rights as regards the Software for any or all use, and for the term of the Agreement, on the basis of the terms and conditions set forth hereinafter.
|
||||||
rights as regards the Software for any or all use, and for the term of the
|
|
||||||
Agreement, on the basis of the terms and conditions set forth hereinafter.
|
|
||||||
|
|
||||||
Otherwise, the Licensor grants to the Licensee free of charge exploitation
|
Otherwise, the Licensor grants to the Licensee free of charge exploitation rights on the patents he holds on whole or part of the inventions implemented in the Software.
|
||||||
rights on the patents he holds on whole or part of the inventions implemented
|
|
||||||
in the Software.
|
|
||||||
|
|
||||||
5.1. RIGHTS OF USE
|
5.1. RIGHTS OF USE
|
||||||
|
|
||||||
The Licensee is authorized to use the Software, unrestrictedly, as regards
|
The Licensee is authorized to use the Software, unrestrictedly, as regards the fields of application, with it being hereinafter specified that this relates to:
|
||||||
the fields of application, with it being hereinafter specified that this relates
|
1. permanent or temporary reproduction of all or part of the Software by any or all means and in any or all form.
|
||||||
to:
|
2. loading, displaying, running, or storing the Software on any or all medium.
|
||||||
1. permanent or temporary reproduction of all or part of the Software by any
|
3. entitlement to observe, study or test the operation thereof so as to establish the ideas and principles that form the basis for any or all constituent elements of said Software. This shall apply when the Licensee carries out any or all loading, displaying, running, transmission or storage operation as regards the Software, that it is entitled to carry out hereunder.
|
||||||
or all means and in any or all form.
|
|
||||||
2. loading, displaying, running, or storing the Software on any or all medium.
|
|
||||||
3. entitlement to observe, study or test the operation thereof so as to establish
|
|
||||||
the ideas and principles that form the basis for any or all constituent elements
|
|
||||||
of said Software. This shall apply when the Licensee carries out any or all
|
|
||||||
loading, displaying, running, transmission or storage operation as regards
|
|
||||||
the Software, that it is entitled to carry out hereunder.
|
|
||||||
|
|
||||||
5.2. entitlement to make CONTRIBUTIONS
|
5.2. entitlement to make CONTRIBUTIONS
|
||||||
|
|
||||||
The right to make Contributions includes the right to translate, adapt, arrange,
|
The right to make Contributions includes the right to translate, adapt, arrange, or make any or all modification to the Software, and the right to reproduce the resulting Software.
|
||||||
or make any or all modification to the Software, and the right to reproduce
|
|
||||||
the resulting Software.
|
|
||||||
|
|
||||||
The Licensee is authorized to make any or all Contribution to the Software
|
The Licensee is authorized to make any or all Contribution to the Software provided that it explicitly mentions its name as the author of said Contribution and the date of the development thereof.
|
||||||
provided that it explicitly mentions its name as the author of said Contribution
|
|
||||||
and the date of the development thereof.
|
|
||||||
|
|
||||||
5.3. DISTRIBUTION AND PUBLICATION RIGHTS
|
5.3. DISTRIBUTION AND PUBLICATION RIGHTS
|
||||||
|
|
||||||
In particular, the right of distribution and publication includes the right
|
In particular, the right of distribution and publication includes the right to transmit and communicate the Software to the general public on any or all medium, and by any or all means, and the right to market, either in consideration of a fee, or free of charge, a copy or copies of the Software by means of any or all process. The Licensee is further authorized to redistribute copies of the modified or unmodified Software to third parties according to the terms and conditions set forth hereinafter.
|
||||||
to transmit and communicate the Software to the general public on any or all
|
|
||||||
medium, and by any or all means, and the right to market, either in consideration
|
|
||||||
of a fee, or free of charge, a copy or copies of the Software by means of
|
|
||||||
any or all process. The Licensee is further authorized to redistribute copies
|
|
||||||
of the modified or unmodified Software to third parties according to the terms
|
|
||||||
and conditions set forth hereinafter.
|
|
||||||
|
|
||||||
5.3.1. REDISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
|
5.3.1. REDISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
|
||||||
|
|
||||||
The Licensee is authorized to redistribute true copies of the Software in
|
The Licensee is authorized to redistribute true copies of the Software in Source Code or Object Code form, provided that said redistribution complies with all the provisions of the Agreement and is accompanied by:
|
||||||
Source Code or Object Code form, provided that said redistribution complies
|
|
||||||
with all the provisions of the Agreement and is accompanied by:
|
|
||||||
|
|
||||||
1. a copy of the Agreement,
|
1. a copy of the Agreement,
|
||||||
2. a notice relating to the limitation of both the Licensor's warranty and
|
2. a notice relating to the limitation of both the Licensor's warranty and liability as set forth in Articles 8 and 9,
|
||||||
liability as set forth in Articles 8 and 9,
|
|
||||||
|
|
||||||
and that, in the event that only the Software's Object Code is redistributed,
|
and that, in the event that only the Software's Object Code is redistributed, the Licensee allows future Licensees unhindered access to the Software's full Source Code by providing them with the terms and conditions for access thereto, it being understood that the additional cost of acquiring the Source Code shall not exceed the cost of transferring the data.
|
||||||
the Licensee allows future Licensees unhindered access to the Software's full
|
|
||||||
Source Code by providing them with the terms and conditions for access thereto,
|
|
||||||
it being understood that the additional cost of acquiring the Source Code
|
|
||||||
shall not exceed the cost of transferring the data.
|
|
||||||
|
|
||||||
5.3.2. REDISTRIBUTION OF MODIFIED SOFTWARE
|
5.3.2. REDISTRIBUTION OF MODIFIED SOFTWARE
|
||||||
|
|
||||||
When the Licensee makes a Contribution to the Software, the terms and conditions
|
When the Licensee makes a Contribution to the Software, the terms and conditions for the redistribution of the Modified Software shall then be subject to all the provisions hereof.
|
||||||
for the redistribution of the Modified Software shall then be subject to all
|
|
||||||
the provisions hereof.
|
|
||||||
|
|
||||||
The Licensee is authorized to redistribute the Modified Software, in Source
|
The Licensee is authorized to redistribute the Modified Software, in Source Code or Object Code form, provided that said redistribution complies with all the provisions of the Agreement and is accompanied by:
|
||||||
Code or Object Code form, provided that said redistribution complies with
|
|
||||||
all the provisions of the Agreement and is accompanied by:
|
|
||||||
|
|
||||||
1. a copy of the Agreement,
|
1. a copy of the Agreement,
|
||||||
2. a notice relating to the limitation of both the Licensor's warranty and
|
2. a notice relating to the limitation of both the Licensor's warranty and liability as set forth in Articles 8 and 9,
|
||||||
liability as set forth in Articles 8 and 9,
|
|
||||||
|
|
||||||
and that, in the event that only the Modified Software's Object Code is redistributed,
|
and that, in the event that only the Modified Software's Object Code is redistributed, the Licensee allows future Licensees unhindered access to the Modified Software's full Source Code by providing them with the terms and conditions for access thereto, it being understood that the additional cost of acquiring the Source Code shall not exceed the cost of transferring the data.
|
||||||
the Licensee allows future Licensees unhindered access to the Modified Software's
|
|
||||||
full Source Code by providing them with the terms and conditions for access
|
|
||||||
thereto, it being understood that the additional cost of acquiring the Source
|
|
||||||
Code shall not exceed the cost of transferring the data.
|
|
||||||
|
|
||||||
5.3.3. redistribution OF DYNAMIC MODULES
|
5.3.3. redistribution OF DYNAMIC MODULES
|
||||||
|
|
||||||
When the Licensee has developed a Dynamic Module, the terms and conditions
|
When the Licensee has developed a Dynamic Module, the terms and conditions hereof do not apply to said Dynamic Module, that may be distributed under a separate Licensing Agreement.
|
||||||
hereof do not apply to said Dynamic Module, that may be distributed under
|
|
||||||
a separate Licensing Agreement.
|
|
||||||
|
|
||||||
5.3.4. COMPATIBILITY WITH THE GPL LICENSE
|
5.3.4. COMPATIBILITY WITH THE GPL LICENSE
|
||||||
|
|
||||||
In the event that the Modified or unmodified Software is included in a code
|
In the event that the Modified or unmodified Software is included in a code that is subject to the provisions of the GPL License, the Licensee is authorized to redistribute the whole under the GPL License.
|
||||||
that is subject to the provisions of the GPL License, the Licensee is authorized
|
|
||||||
to redistribute the whole under the GPL License.
|
|
||||||
|
|
||||||
In the event that the Modified Software includes a code that is subject to
|
In the event that the Modified Software includes a code that is subject to the provisions of the GPL License, the Licensee is authorized to redistribute the Modified Software under the GPL License.
|
||||||
the provisions of the GPL License, the Licensee is authorized to redistribute
|
|
||||||
the Modified Software under the GPL License.
|
|
||||||
|
|
||||||
Article 6 - INTELLECTUAL PROPERTY
|
Article 6 - INTELLECTUAL PROPERTY
|
||||||
|
|
||||||
6.1. OVER THE INITIAL SOFTWARE
|
6.1. OVER THE INITIAL SOFTWARE
|
||||||
|
|
||||||
The Holder owns the economic rights over the Initial Software. Any or all
|
The Holder owns the economic rights over the Initial Software. Any or all use of the Initial Software is subject to compliance with the terms and conditions under which the Holder has elected to distribute its work and no one shall be entitled to and it shall have sole entitlement to modify the terms and conditions for the distribution of said Initial Software.
|
||||||
use of the Initial Software is subject to compliance with the terms and conditions
|
|
||||||
under which the Holder has elected to distribute its work and no one shall
|
|
||||||
be entitled to and it shall have sole entitlement to modify the terms and
|
|
||||||
conditions for the distribution of said Initial Software.
|
|
||||||
|
|
||||||
The Holder undertakes to maintain the distribution of the Initial Software
|
The Holder undertakes to maintain the distribution of the Initial Software under the conditions of the Agreement, for the duration set forth in article 4.2..
|
||||||
under the conditions of the Agreement, for the duration set forth in article
|
|
||||||
4.2..
|
|
||||||
|
|
||||||
6.2. OVER THE CONTRIBUTIONS
|
6.2. OVER THE CONTRIBUTIONS
|
||||||
|
|
||||||
The intellectual property rights over the Contributions belong to the holder
|
The intellectual property rights over the Contributions belong to the holder of the economic rights as designated by effective legislation.
|
||||||
of the economic rights as designated by effective legislation.
|
|
||||||
|
|
||||||
6.3. OVER THE DYNAMIC MODULES
|
6.3. OVER THE DYNAMIC MODULES
|
||||||
|
|
||||||
The Licensee having developed a Dynamic Module is the holder of the intellectual
|
The Licensee having developed a Dynamic Module is the holder of the intellectual property rights over said Dynamic Module and is free to choose the agreement that shall govern its distribution.
|
||||||
property rights over said Dynamic Module and is free to choose the agreement
|
|
||||||
that shall govern its distribution.
|
|
||||||
|
|
||||||
6.4. JOINT PROVISIONS
|
6.4. JOINT PROVISIONS
|
||||||
|
|
||||||
6.4.1. The Licensee expressly undertakes:
|
6.4.1. The Licensee expressly undertakes:
|
||||||
|
|
||||||
1. not to remove, or modify, in any or all manner, the intellectual property
|
1. not to remove, or modify, in any or all manner, the intellectual property notices affixed to the Software;
|
||||||
notices affixed to the Software;
|
2. to reproduce said notices, in an identical manner, in the copies of the Software.
|
||||||
2. to reproduce said notices, in an identical manner, in the copies of the
|
|
||||||
Software.
|
|
||||||
|
|
||||||
6.4.2. The Licensee undertakes not to directly or indirectly infringe the
|
6.4.2. The Licensee undertakes not to directly or indirectly infringe the intellectual property rights of the Holder and/or Contributors and to take, where applicable, vis-à-vis its staff, any or all measures required to ensure respect for said intellectual property rights of the Holder and/or Contributors.
|
||||||
intellectual property rights of the Holder and/or Contributors and to take,
|
|
||||||
where applicable, vis-à-vis its staff, any or all measures required to ensure
|
|
||||||
respect for said intellectual property rights of the Holder and/or Contributors.
|
|
||||||
|
|
||||||
Article 7 - RELATED SERVICES
|
Article 7 - RELATED SERVICES
|
||||||
|
|
||||||
7.1. Under no circumstances shall the Agreement oblige the Licensor to provide
|
7.1. Under no circumstances shall the Agreement oblige the Licensor to provide technical assistance or maintenance services for the Software.
|
||||||
technical assistance or maintenance services for the Software.
|
|
||||||
|
|
||||||
However, the Licensor is entitled to offer this type of service. The terms
|
However, the Licensor is entitled to offer this type of service. The terms and conditions of such technical assistance, and/or such maintenance, shall then be set forth in a separate instrument. Only the Licensor offering said maintenance and/or technical assistance services shall incur liability therefor.
|
||||||
and conditions of such technical assistance, and/or such maintenance, shall
|
|
||||||
then be set forth in a separate instrument. Only the Licensor offering said
|
|
||||||
maintenance and/or technical assistance services shall incur liability therefor.
|
|
||||||
|
|
||||||
7.2. Similarly, any or all Licensor shall be entitled to offer to its Licensees,
|
7.2. Similarly, any or all Licensor shall be entitled to offer to its Licensees, under its own responsibility, a warranty, that shall only be binding upon itself, for the redistribution of the Software and/or the Modified Software, under terms and conditions that it shall decide upon itself. Said warranty, and the financial terms and conditions of its application, shall be subject to a separate instrument executed between the Licensor and the Licensee.
|
||||||
under its own responsibility, a warranty, that shall only be binding upon
|
|
||||||
itself, for the redistribution of the Software and/or the Modified Software,
|
|
||||||
under terms and conditions that it shall decide upon itself. Said warranty,
|
|
||||||
and the financial terms and conditions of its application, shall be subject
|
|
||||||
to a separate instrument executed between the Licensor and the Licensee.
|
|
||||||
|
|
||||||
Article 8 - LIABILITY
|
Article 8 - LIABILITY
|
||||||
|
|
||||||
8.1. Subject to the provisions of Article 8.2, should the Licensor fail to
|
8.1. Subject to the provisions of Article 8.2, should the Licensor fail to fulfill all or part of its obligations hereunder, the Licensee shall be entitled to claim compensation for the direct loss suffered as a result of a fault on the part of the Licensor, subject to providing evidence of it.
|
||||||
fulfill all or part of its obligations hereunder, the Licensee shall be entitled
|
|
||||||
to claim compensation for the direct loss suffered as a result of a fault
|
|
||||||
on the part of the Licensor, subject to providing evidence of it.
|
|
||||||
|
|
||||||
8.2. The Licensor's liability is limited to the commitments made under this
|
8.2. The Licensor's liability is limited to the commitments made under this Licensing Agreement and shall not be incurred as a result , in particular: (i) of loss due the Licensee's total or partial failure to fulfill its obligations, (ii) direct or consequential loss due to the Software's use or performance that is suffered by the Licensee, when the latter is a professional using said Software for professional purposes and (iii) consequential loss due to the Software's use or performance. The Parties expressly agree that any or all pecuniary or business loss (i.e. loss of data, loss of profits, operating loss, loss of customers or orders, opportunity cost, any disturbance to business activities) or any or all legal proceedings instituted against the Licensee by a third party, shall constitute consequential loss and shall not provide entitlement to any or all compensation from the Licensor.
|
||||||
Licensing Agreement and shall not be incurred as a result , in particular:
|
|
||||||
(i) of loss due the Licensee's total or partial failure to fulfill its obligations,
|
|
||||||
(ii) direct or consequential loss due to the Software's use or performance
|
|
||||||
that is suffered by the Licensee, when the latter is a professional using
|
|
||||||
said Software for professional purposes and (iii) consequential loss due to
|
|
||||||
the Software's use or performance. The Parties expressly agree that any or
|
|
||||||
all pecuniary or business loss (i.e. loss of data, loss of profits, operating
|
|
||||||
loss, loss of customers or orders, opportunity cost, any disturbance to business
|
|
||||||
activities) or any or all legal proceedings instituted against the Licensee
|
|
||||||
by a third party, shall constitute consequential loss and shall not provide
|
|
||||||
entitlement to any or all compensation from the Licensor.
|
|
||||||
|
|
||||||
Article 9 - WARRANTY
|
Article 9 - WARRANTY
|
||||||
|
|
||||||
9.1. The Licensee acknowledges that the current situation as regards scientific
|
9.1. The Licensee acknowledges that the current situation as regards scientific and technical know-how at the time when the Software was distributed did not enable all possible uses to be tested and verified, nor for the presence of any or all faults to be detected. In this respect, the Licensee's attention has been drawn to the risks associated with loading, using, modifying and/or developing and reproducing the Software that are reserved for experienced users.
|
||||||
and technical know-how at the time when the Software was distributed did not
|
|
||||||
enable all possible uses to be tested and verified, nor for the presence of
|
|
||||||
any or all faults to be detected. In this respect, the Licensee's attention
|
|
||||||
has been drawn to the risks associated with loading, using, modifying and/or
|
|
||||||
developing and reproducing the Software that are reserved for experienced
|
|
||||||
users.
|
|
||||||
|
|
||||||
The Licensee shall be responsible for verifying, by any or all means, the
|
The Licensee shall be responsible for verifying, by any or all means, the product's suitability for its requirements, its due and proper functioning, and for ensuring that it shall not cause damage to either persons or property.
|
||||||
product's suitability for its requirements, its due and proper functioning,
|
|
||||||
and for ensuring that it shall not cause damage to either persons or property.
|
|
||||||
|
|
||||||
9.2. The Licensor hereby represents, in good faith, that it is entitled to
|
9.2. The Licensor hereby represents, in good faith, that it is entitled to grant all the rights on the Software (including in particular the rights set forth in Article 5 hereof over the Software).
|
||||||
grant all the rights on the Software (including in particular the rights set
|
|
||||||
forth in Article 5 hereof over the Software).
|
|
||||||
|
|
||||||
9.3. The Licensee acknowledges that the Software is supplied "as is" by the
|
9.3. The Licensee acknowledges that the Software is supplied "as is" by the Licensor without any or all other express or tacit warranty, other than that provided for in Article 9.2 and, in particular, without any or all warranty as to its market value, its secured, innovative or relevant nature.
|
||||||
Licensor without any or all other express or tacit warranty, other than that
|
|
||||||
provided for in Article 9.2 and, in particular, without any or all warranty
|
|
||||||
as to its market value, its secured, innovative or relevant nature.
|
|
||||||
|
|
||||||
Specifically, the Licensor does not warrant that the Software is free from
|
Specifically, the Licensor does not warrant that the Software is free from any or all error, that it shall operate continuously, that it shall be compatible with the Licensee's own equipment and its software configuration, nor that it shall meet the Licensee's requirements.
|
||||||
any or all error, that it shall operate continuously, that it shall be compatible
|
|
||||||
with the Licensee's own equipment and its software configuration, nor that
|
|
||||||
it shall meet the Licensee's requirements.
|
|
||||||
|
|
||||||
9.4. The Licensor does not either expressly or tacitly warrant that the Software
|
9.4. The Licensor does not either expressly or tacitly warrant that the Software does not infringe any or all third party intellectual right relating to a patent, software or to any or all other property right. Moreover, the Licensor shall not hold the Licensee harmless against any or all proceedings for infringement that may be instituted in respect of the use, modification and redistribution of the Software. Nevertheless, should such proceedings be instituted against the Licensee, the Licensor shall provide it with technical and legal assistance for its defense. Such technical and legal assistance shall be decided upon on a case-by-case basis between the relevant Licensor and the Licensee pursuant to a memorandum of understanding. The Licensor disclaims any or all liability as regards the Licensee's use of the Software's name. No warranty shall be provided as regards the existence of prior rights over the name of the Software and as regards the existence of a trademark.
|
||||||
does not infringe any or all third party intellectual right relating to a
|
|
||||||
patent, software or to any or all other property right. Moreover, the Licensor
|
|
||||||
shall not hold the Licensee harmless against any or all proceedings for infringement
|
|
||||||
that may be instituted in respect of the use, modification and redistribution
|
|
||||||
of the Software. Nevertheless, should such proceedings be instituted against
|
|
||||||
the Licensee, the Licensor shall provide it with technical and legal assistance
|
|
||||||
for its defense. Such technical and legal assistance shall be decided upon
|
|
||||||
on a case-by-case basis between the relevant Licensor and the Licensee pursuant
|
|
||||||
to a memorandum of understanding. The Licensor disclaims any or all liability
|
|
||||||
as regards the Licensee's use of the Software's name. No warranty shall be
|
|
||||||
provided as regards the existence of prior rights over the name of the Software
|
|
||||||
and as regards the existence of a trademark.
|
|
||||||
|
|
||||||
Article 10 - TERMINATION
|
Article 10 - TERMINATION
|
||||||
|
|
||||||
10.1. In the event of a breach by the Licensee of its obligations hereunder,
|
10.1. In the event of a breach by the Licensee of its obligations hereunder, the Licensor may automatically terminate this Agreement thirty (30) days after notice has been sent to the Licensee and has remained ineffective.
|
||||||
the Licensor may automatically terminate this Agreement thirty (30) days after
|
|
||||||
notice has been sent to the Licensee and has remained ineffective.
|
|
||||||
|
|
||||||
10.2. The Licensee whose Agreement is terminated shall no longer be authorized
|
10.2. The Licensee whose Agreement is terminated shall no longer be authorized to use, modify or distribute the Software. However, any or all licenses that it may have granted prior to termination of the Agreement shall remain valid subject to their having been granted in compliance with the terms and conditions hereof.
|
||||||
to use, modify or distribute the Software. However, any or all licenses that
|
|
||||||
it may have granted prior to termination of the Agreement shall remain valid
|
|
||||||
subject to their having been granted in compliance with the terms and conditions
|
|
||||||
hereof.
|
|
||||||
|
|
||||||
Article 11 - MISCELLANEOUS PROVISIONS
|
Article 11 - MISCELLANEOUS PROVISIONS
|
||||||
|
|
||||||
11.1. EXCUSABLE EVENTS
|
11.1. EXCUSABLE EVENTS
|
||||||
|
|
||||||
Neither Party shall be liable for any or all delay, or failure to perform
|
Neither Party shall be liable for any or all delay, or failure to perform the Agreement, that may be attributable to an event of force majeure, an act of God or an outside cause, such as, notably, defective functioning, or interruptions affecting the electricity or telecommunications networks, blocking of the network following a virus attack, the intervention of the government authorities, natural disasters, water damage, earthquakes, fire, explosions, strikes and labor unrest, war, etc.
|
||||||
the Agreement, that may be attributable to an event of force majeure, an act
|
|
||||||
of God or an outside cause, such as, notably, defective functioning, or interruptions
|
|
||||||
affecting the electricity or telecommunications networks, blocking of the
|
|
||||||
network following a virus attack, the intervention of the government authorities,
|
|
||||||
natural disasters, water damage, earthquakes, fire, explosions, strikes and
|
|
||||||
labor unrest, war, etc.
|
|
||||||
|
|
||||||
11.2. The fact that either Party may fail, on one or several occasions, to
|
11.2. The fact that either Party may fail, on one or several occasions, to invoke one or several of the provisions hereof, shall under no circumstances be interpreted as being a waiver by the interested Party of its entitlement to invoke said provision(s) subsequently.
|
||||||
invoke one or several of the provisions hereof, shall under no circumstances
|
|
||||||
be interpreted as being a waiver by the interested Party of its entitlement
|
|
||||||
to invoke said provision(s) subsequently.
|
|
||||||
|
|
||||||
11.3. The Agreement cancels and replaces any or all previous agreement, whether
|
11.3. The Agreement cancels and replaces any or all previous agreement, whether written or oral, between the Parties and having the same purpose, and constitutes the entirety of the agreement between said Parties concerning said purpose. No supplement or modification to the terms and conditions hereof shall be effective as regards the Parties unless it is made in writing and signed by their duly authorized representatives.
|
||||||
written or oral, between the Parties and having the same purpose, and constitutes
|
|
||||||
the entirety of the agreement between said Parties concerning said purpose.
|
|
||||||
No supplement or modification to the terms and conditions hereof shall be
|
|
||||||
effective as regards the Parties unless it is made in writing and signed by
|
|
||||||
their duly authorized representatives.
|
|
||||||
|
|
||||||
11.4. In the event that one or several of the provisions hereof were to conflict
|
11.4. In the event that one or several of the provisions hereof were to conflict with a current or future applicable act or legislative text, said act or legislative text shall take precedence, and the Parties shall make the necessary amendments so as to be in compliance with said act or legislative text. All the other provisions shall remain effective. Similarly, the fact that a provision of the Agreement may be null and void, for any reason whatsoever, shall not cause the Agreement as a whole to be null and void.
|
||||||
with a current or future applicable act or legislative text, said act or legislative
|
|
||||||
text shall take precedence, and the Parties shall make the necessary amendments
|
|
||||||
so as to be in compliance with said act or legislative text. All the other
|
|
||||||
provisions shall remain effective. Similarly, the fact that a provision of
|
|
||||||
the Agreement may be null and void, for any reason whatsoever, shall not cause
|
|
||||||
the Agreement as a whole to be null and void.
|
|
||||||
|
|
||||||
11.5. LANGUAGE
|
11.5. LANGUAGE
|
||||||
|
|
||||||
The Agreement is drafted in both French and English. In the event of a conflict
|
The Agreement is drafted in both French and English. In the event of a conflict as regards construction, the French version shall be deemed authentic.
|
||||||
as regards construction, the French version shall be deemed authentic.
|
|
||||||
|
|
||||||
Article 12 - NEW VERSIONS OF THE AGREEMENT
|
Article 12 - NEW VERSIONS OF THE AGREEMENT
|
||||||
|
|
||||||
12.1. Any or all person is authorized to duplicate and distribute copies of
|
12.1. Any or all person is authorized to duplicate and distribute copies of this Agreement.
|
||||||
this Agreement.
|
|
||||||
|
|
||||||
12.2. So as to ensure coherence, the wording of this Agreement is protected
|
12.2. So as to ensure coherence, the wording of this Agreement is protected and may only be modified by the authors of the License, that reserve the right to periodically publish updates or new versions of the Agreement, each with a separate number. These subsequent versions may address new issues encountered by Free Software.
|
||||||
and may only be modified by the authors of the License, that reserve the right
|
|
||||||
to periodically publish updates or new versions of the Agreement, each with
|
|
||||||
a separate number. These subsequent versions may address new issues encountered
|
|
||||||
by Free Software.
|
|
||||||
|
|
||||||
12.3. Any or all Software distributed under a given version of the Agreement
|
12.3. Any or all Software distributed under a given version of the Agreement may only be subsequently distributed under the same version of the Agreement, or a subsequent version, subject to the provisions of article 5.3.4.
|
||||||
may only be subsequently distributed under the same version of the Agreement,
|
|
||||||
or a subsequent version, subject to the provisions of article 5.3.4.
|
|
||||||
|
|
||||||
Article 13 - GOVERNING LAW AND JURISDICTION
|
Article 13 - GOVERNING LAW AND JURISDICTION
|
||||||
|
|
||||||
13.1. The Agreement is governed by French law. The Parties agree to endeavor
|
13.1. The Agreement is governed by French law. The Parties agree to endeavor to settle the disagreements or disputes that may arise during the performance of the Agreement out-of-court.
|
||||||
to settle the disagreements or disputes that may arise during the performance
|
|
||||||
of the Agreement out-of-court.
|
|
||||||
|
|
||||||
13.2. In the absence of an out-of-court settlement within two (2) months as
|
13.2. In the absence of an out-of-court settlement within two (2) months as from their occurrence, and unless emergency proceedings are necessary, the disagreements or disputes shall be referred to the Paris Courts having jurisdiction, by the first Party to take action.
|
||||||
from their occurrence, and unless emergency proceedings are necessary, the
|
|
||||||
disagreements or disputes shall be referred to the Paris Courts having jurisdiction,
|
|
||||||
by the first Party to take action.
|
|
||||||
|
|
||||||
Version 1.1 of 10/26/2004
|
Version 1.1 of 10/26/2004
|
||||||
|
|
|
@ -3,131 +3,45 @@ CERN OHL v1.1
|
||||||
CERN Open Hardware Licence v1.1
|
CERN Open Hardware Licence v1.1
|
||||||
|
|
||||||
Preamble
|
Preamble
|
||||||
Through this CERN Open Hardware Licence ("CERN OHL") version 1.1, the Organization
|
Through this CERN Open Hardware Licence ("CERN OHL") version 1.1, the Organization wishes to disseminate its hardware designs (as published on http://www.ohwr.org/) as widely as possible, and generally to foster collaboration among public research hardware designers. The CERN OHL is copyright of CERN. Anyone is welcome to use the CERN OHL, in unmodified form only, for the distribution of his own Open Hardware designs. Any other right is reserved.
|
||||||
wishes to disseminate its hardware designs (as published on http://www.ohwr.org/)
|
|
||||||
as widely as possible, and generally to foster collaboration among public
|
|
||||||
research hardware designers. The CERN OHL is copyright of CERN. Anyone is
|
|
||||||
welcome to use the CERN OHL, in unmodified form only, for the distribution
|
|
||||||
of his own Open Hardware designs. Any other right is reserved.
|
|
||||||
|
|
||||||
1. Definitions
|
1. Definitions
|
||||||
In this Licence, the following terms have the following meanings:
|
In this Licence, the following terms have the following meanings:
|
||||||
“Licence” means this CERN OHL.
|
“Licence” means this CERN OHL.
|
||||||
“Documentation” means schematic diagrams, designs, circuit or circuit board
|
“Documentation” means schematic diagrams, designs, circuit or circuit board layouts, mechanical drawings, flow charts and descriptive text, and other explanatory material that is explicitly stated as being made available under the conditions of this Licence. The Documentation may be in any medium, including but not limited to computer files and representations on paper, film, or any other media.
|
||||||
layouts, mechanical drawings, flow charts and descriptive text, and other
|
“Product” means either an entire, or any part of a, device built using the Documentation or the modified Documentation.
|
||||||
explanatory material that is explicitly stated as being made available under
|
“Licensee” means any natural or legal person exercising rights under this Licence.
|
||||||
the conditions of this Licence. The Documentation may be in any medium, including
|
“Licensor” means any natural or legal person that creates or modifies Documentation and subsequently communicates to the public and/ or distributes the resulting Documentation under the terms and conditions of this Licence.
|
||||||
but not limited to computer files and representations on paper, film, or any
|
|
||||||
other media.
|
|
||||||
“Product” means either an entire, or any part of a, device built using the
|
|
||||||
Documentation or the modified Documentation.
|
|
||||||
“Licensee” means any natural or legal person exercising rights under this
|
|
||||||
Licence.
|
|
||||||
“Licensor” means any natural or legal person that creates or modifies Documentation
|
|
||||||
and subsequently communicates to the public and/ or distributes the resulting
|
|
||||||
Documentation under the terms and conditions of this Licence.
|
|
||||||
A Licensee may at the same time be a Licensor, and vice versa.
|
A Licensee may at the same time be a Licensor, and vice versa.
|
||||||
|
|
||||||
2. Applicability
|
2. Applicability
|
||||||
2.1 This Licence governs the use, copying, modification, communication to
|
2.1 This Licence governs the use, copying, modification, communication to the public and distribution of the Documentation, and the manufacture and distribution of Products. By exercising any right granted under this Licence, the Licensee irrevocably accepts these terms and conditions.
|
||||||
the public and distribution of the Documentation, and the manufacture and
|
2.2 This Licence is granted by the Licensor directly to the Licensee, and shall apply worldwide and without limitation in time. The Licensee may assign his licence rights or grant sub-licences.
|
||||||
distribution of Products. By exercising any right granted under this Licence,
|
2.3 This Licence does not apply to software, firmware, or code loaded into programmable devices which may be used in conjunction with the Documentation, the modified Documentation or with Products. The use of such software, firmware, or code is subject to the applicable licence terms and conditions.
|
||||||
the Licensee irrevocably accepts these terms and conditions.
|
|
||||||
2.2 This Licence is granted by the Licensor directly to the Licensee, and
|
|
||||||
shall apply worldwide and without limitation in time. The Licensee may assign
|
|
||||||
his licence rights or grant sub-licences.
|
|
||||||
2.3 This Licence does not apply to software, firmware, or code loaded into
|
|
||||||
programmable devices which may be used in conjunction with the Documentation,
|
|
||||||
the modified Documentation or with Products. The use of such software, firmware,
|
|
||||||
or code is subject to the applicable licence terms and conditions.
|
|
||||||
|
|
||||||
3. Copying, modification, communication to the public and distribution of
|
3. Copying, modification, communication to the public and distribution of the Documentation
|
||||||
the Documentation
|
3.1 The Licensee shall keep intact all copyright and trademarks notices and all notices that refer to this Licence and to the disclaimer of warranties that is included in the Documentation. He shall include a copy thereof in every copy of the documentation or, as the case may be, modified Documentation, that he communicates to the public or distributes.
|
||||||
3.1 The Licensee shall keep intact all copyright and trademarks notices and
|
3.2 The Licensee may use, copy, communicate to the public and distribute verbatim copies of the Documentation, in any medium, subject to the requirements specified in section 3.1.
|
||||||
all notices that refer to this Licence and to the disclaimer of warranties
|
3.3 The Licensee may modify the Documentation or any portion thereof. The Licensee may communicate to the public and distribute the modified Documentation (thereby in addition to being a Licensee also becoming a Licensor), always provided that he shall:
|
||||||
that is included in the Documentation. He shall include a copy thereof in
|
|
||||||
every copy of the documentation or, as the case may be, modified Documentation,
|
|
||||||
that he communicates to the public or distributes.
|
|
||||||
3.2 The Licensee may use, copy, communicate to the public and distribute verbatim
|
|
||||||
copies of the Documentation, in any medium, subject to the requirements specified
|
|
||||||
in section 3.1.
|
|
||||||
3.3 The Licensee may modify the Documentation or any portion thereof. The
|
|
||||||
Licensee may communicate to the public and distribute the modified Documentation
|
|
||||||
(thereby in addition to being a Licensee also becoming a Licensor), always
|
|
||||||
provided that he shall:
|
|
||||||
a. comply with section 3.1;
|
a. comply with section 3.1;
|
||||||
b. cause the modified Documentation to carry prominent notices stating that
|
b. cause the modified Documentation to carry prominent notices stating that the Licensee has modified the Documentation, with the date and details of the modifications;
|
||||||
the Licensee has modified the Documentation, with the date and details of
|
c. license the modified Documentation under the terms and conditions of this Licence or, where applicable, a later version of this Licence as may be issued by CERN; and
|
||||||
the modifications;
|
d. send a copy of the modified Documentation to all Licensors that contributed to the parts of the Documentation that were modified, as well as to any other Licensor who has requested to receive a copy of the modified Documentation and has provided a means of contact with the Documentation.
|
||||||
c. license the modified Documentation under the terms and conditions of this
|
3.4 The Licence includes a licence to those patents or registered designs that are held by the Licensor, to the extent necessary to make use of the rights granted under this Licence. The scope of this section 3.4 shall be strictly limited to the parts of the Documentation or modified Documentation created by the Licensor.
|
||||||
Licence or, where applicable, a later version of this Licence as may be issued
|
|
||||||
by CERN; and
|
|
||||||
d. send a copy of the modified Documentation to all Licensors that contributed
|
|
||||||
to the parts of the Documentation that were modified, as well as to any other
|
|
||||||
Licensor who has requested to receive a copy of the modified Documentation
|
|
||||||
and has provided a means of contact with the Documentation.
|
|
||||||
3.4 The Licence includes a licence to those patents or registered designs
|
|
||||||
that are held by the Licensor, to the extent necessary to make use of the
|
|
||||||
rights granted under this Licence. The scope of this section 3.4 shall be
|
|
||||||
strictly limited to the parts of the Documentation or modified Documentation
|
|
||||||
created by the Licensor.
|
|
||||||
|
|
||||||
4. Manufacture and distribution of Products
|
4. Manufacture and distribution of Products
|
||||||
4.1 The Licensee may manufacture or distribute Products always provided that
|
4.1 The Licensee may manufacture or distribute Products always provided that the Licensee distributes to each recipient of such Products a copy of the Documentation or modified Documentation, as applicable, and complies with section 3.
|
||||||
the Licensee distributes to each recipient of such Products a copy of the
|
4.2 The Licensee is invited to inform in writing any Licensor who has indicated its wish to receive this information about the type, quantity and dates of production of Products the Licensee has (had) manufactured.
|
||||||
Documentation or modified Documentation, as applicable, and complies with
|
|
||||||
section 3.
|
|
||||||
4.2 The Licensee is invited to inform in writing any Licensor who has indicated
|
|
||||||
its wish to receive this information about the type, quantity and dates of
|
|
||||||
production of Products the Licensee has (had) manufactured.
|
|
||||||
|
|
||||||
5. Warranty and liability
|
5. Warranty and liability
|
||||||
5.1 DISCLAIMER – The Documentation and any modified Documentation are provided
|
5.1 DISCLAIMER – The Documentation and any modified Documentation are provided "as is" and any express or implied warranties, including, but not limited to, implied warranties of merchantability, of satisfactory quality, and fitness for a particular purpose or use are disclaimed in respect of the Documentation, the modified Documentation or any Product. The Licensor makes no representation that the Documentation, modified Documentation, or any Product, does or will not infringe any patent, copyright, trade secret or other proprietary right. The entire risk as to the use, quality, and performance of a Product shall be with the Licensee and not the Licensor. This disclaimer of warranty is an essential part of this Licence and a condition for the grant of any rights granted under this Licence. The Licensee warrants that it does not act in a consumer capacity.
|
||||||
"as is" and any express or implied warranties, including, but not limited
|
5.2 LIMITATION OF LIABILITY – The Licensor shall have no liability for direct, indirect, special, incidental, consequential, exemplary, punitive or other damages of any character including, without limitation, procurement of substitute goods or services, loss of use, data or profits, or business interruption, however caused and on any
|
||||||
to, implied warranties of merchantability, of satisfactory quality, and fitness
|
theory of contract, warranty, tort (including negligence), product liability or otherwise, arising in any way in relation to the Documentation, modified Documentation and/or the use, manufacture or distribution of a Product, even if advised of the possibility of such damages, and the Licensee shall hold the Licensor(s) free and harmless
|
||||||
for a particular purpose or use are disclaimed in respect of the Documentation,
|
from any liability, costs, damages, fees and expenses, including claims by third parties, in relation to such use.
|
||||||
the modified Documentation or any Product. The Licensor makes no representation
|
|
||||||
that the Documentation, modified Documentation, or any Product, does or will
|
|
||||||
not infringe any patent, copyright, trade secret or other proprietary right.
|
|
||||||
The entire risk as to the use, quality, and performance of a Product shall
|
|
||||||
be with the Licensee and not the Licensor. This disclaimer of warranty is
|
|
||||||
an essential part of this Licence and a condition for the grant of any rights
|
|
||||||
granted under this Licence. The Licensee warrants that it does not act in
|
|
||||||
a consumer capacity.
|
|
||||||
5.2 LIMITATION OF LIABILITY – The Licensor shall have no liability for direct,
|
|
||||||
indirect, special, incidental, consequential, exemplary, punitive or other
|
|
||||||
damages of any character including, without limitation, procurement of substitute
|
|
||||||
goods or services, loss of use, data or profits, or business interruption,
|
|
||||||
however caused and on any
|
|
||||||
theory of contract, warranty, tort (including negligence), product liability
|
|
||||||
or otherwise, arising in any way in relation to the Documentation, modified
|
|
||||||
Documentation and/or the use, manufacture or distribution of a Product, even
|
|
||||||
if advised of the possibility of such damages, and the Licensee shall hold
|
|
||||||
the Licensor(s) free and harmless
|
|
||||||
from any liability, costs, damages, fees and expenses, including claims by
|
|
||||||
third parties, in relation to such use.
|
|
||||||
|
|
||||||
6. General
|
6. General
|
||||||
6.1 The rights granted under this Licence do not imply or represent any transfer
|
6.1 The rights granted under this Licence do not imply or represent any transfer or assignment of intellectual property rights to the Licensee.
|
||||||
or assignment of intellectual property rights to the Licensee.
|
6.2 The Licensee shall not use or make reference to any of the names, acronyms, images or logos under which the Licensor is known, save in so far as required to comply with section 3. Any such permitted use or reference shall be factual and shall in no event suggest any kind of endorsement by the Licensor or its personnel of the modified Documentation or any Product, or any kind of implication by the Licensor or its personnel in the preparation of the modified Documentation or Product.
|
||||||
6.2 The Licensee shall not use or make reference to any of the names, acronyms,
|
6.3 CERN may publish updated versions of this Licence which retain the same general provisions as this version, but differ in detail so far this is required and reasonable. New versions will be published with a unique version number.
|
||||||
images or logos under which the Licensor is known, save in so far as required
|
6.4 This Licence shall terminate with immediate effect, upon written notice and without involvement of a court if the Licensee fails to comply with any of its terms and conditions, or if the Licensee initiates legal action against Licensor in relation to this Licence. Section 5 shall continue to apply.
|
||||||
to comply with section 3. Any such permitted use or reference shall be factual
|
6.5 Except as may be otherwise agreed with the Intergovernmental Organization, any dispute with respect to this Licence involving an Intergovernmental Organization shall, by virtue of the latter's Intergovernmental status, be settled by international arbitration. The arbitration proceedings shall be held at the place where the Intergovernmental Organization has its seat. The arbitral award shall be final and binding upon the parties, who hereby expressly agree to renounce any form of appeal or revision.
|
||||||
and shall in no event suggest any kind of endorsement by the Licensor or its
|
|
||||||
personnel of the modified Documentation or any Product, or any kind of implication
|
|
||||||
by the Licensor or its personnel in the preparation of the modified Documentation
|
|
||||||
or Product.
|
|
||||||
6.3 CERN may publish updated versions of this Licence which retain the same
|
|
||||||
general provisions as this version, but differ in detail so far this is required
|
|
||||||
and reasonable. New versions will be published with a unique version number.
|
|
||||||
6.4 This Licence shall terminate with immediate effect, upon written notice
|
|
||||||
and without involvement of a court if the Licensee fails to comply with any
|
|
||||||
of its terms and conditions, or if the Licensee initiates legal action against
|
|
||||||
Licensor in relation to this Licence. Section 5 shall continue to apply.
|
|
||||||
6.5 Except as may be otherwise agreed with the Intergovernmental Organization,
|
|
||||||
any dispute with respect to this Licence involving an Intergovernmental Organization
|
|
||||||
shall, by virtue of the latter's Intergovernmental status, be settled by international
|
|
||||||
arbitration. The arbitration proceedings shall be held at the place where
|
|
||||||
the Intergovernmental Organization has its seat. The arbitral award shall
|
|
||||||
be final and binding upon the parties, who hereby expressly agree to renounce
|
|
||||||
any form of appeal or revision.
|
|
||||||
|
|
|
@ -3,144 +3,46 @@ CERN OHL v1.2
|
||||||
CERN Open Hardware Licence v1.2
|
CERN Open Hardware Licence v1.2
|
||||||
|
|
||||||
Preamble
|
Preamble
|
||||||
Through this CERN Open Hardware Licence ("CERN OHL") version 1.2, CERN wishes
|
Through this CERN Open Hardware Licence ("CERN OHL") version 1.2, CERN wishes to provide a tool to foster collaboration and sharing among hardware designers. The CERN OHL is copyright CERN. Anyone is welcome to use the CERN OHL, in unmodified form only, for the distribution of their own Open Hardware designs. Any other right is reserved. Release of hardware designs under the CERN OHL does not constitute an endorsement of the licensor or its designs nor does it imply any involvement by CERN in the development of such designs.
|
||||||
to provide a tool to foster collaboration and sharing among hardware designers.
|
|
||||||
The CERN OHL is copyright CERN. Anyone is welcome to use the CERN OHL, in
|
|
||||||
unmodified form only, for the distribution of their own Open Hardware designs.
|
|
||||||
Any other right is reserved. Release of hardware designs under the CERN OHL
|
|
||||||
does not constitute an endorsement of the licensor or its designs nor does
|
|
||||||
it imply any involvement by CERN in the development of such designs.
|
|
||||||
|
|
||||||
1. Definitions
|
1. Definitions
|
||||||
In this Licence, the following terms have the following meanings:
|
In this Licence, the following terms have the following meanings:
|
||||||
“Licence” means this CERN OHL.
|
“Licence” means this CERN OHL.
|
||||||
“Documentation” means schematic diagrams, designs, circuit or circuit board
|
“Documentation” means schematic diagrams, designs, circuit or circuit board layouts, mechanical drawings, flow charts and descriptive text, and other explanatory material that is explicitly stated as being made available under the conditions of this Licence. The Documentation may be in any medium, including but not limited to computer files and representations on paper, film, or any other media.
|
||||||
layouts, mechanical drawings, flow charts and descriptive text, and other
|
“Documentation Location” means a location where the Licensor has placed Documentation, and which he believes will be publicly accessible for at least three years from the first communication to the public or distribution of Documentation.
|
||||||
explanatory material that is explicitly stated as being made available under
|
“Product” means either an entire, or any part of a, device built using the Documentation or the modified Documentation.
|
||||||
the conditions of this Licence. The Documentation may be in any medium, including
|
“Licensee” means any natural or legal person exercising rights under this Licence.
|
||||||
but not limited to computer files and representations on paper, film, or any
|
“Licensor” means any natural or legal person that creates or modifies Documentation and subsequently communicates to the public and/ or distributes the resulting Documentation under the terms and conditions of this Licence.
|
||||||
other media.
|
|
||||||
“Documentation Location” means a location where the Licensor has placed Documentation,
|
|
||||||
and which he believes will be publicly accessible for at least three years
|
|
||||||
from the first communication to the public or distribution of Documentation.
|
|
||||||
“Product” means either an entire, or any part of a, device built using the
|
|
||||||
Documentation or the modified Documentation.
|
|
||||||
“Licensee” means any natural or legal person exercising rights under this
|
|
||||||
Licence.
|
|
||||||
“Licensor” means any natural or legal person that creates or modifies Documentation
|
|
||||||
and subsequently communicates to the public and/ or distributes the resulting
|
|
||||||
Documentation under the terms and conditions of this Licence.
|
|
||||||
A Licensee may at the same time be a Licensor, and vice versa.
|
A Licensee may at the same time be a Licensor, and vice versa.
|
||||||
Use of the masculine gender includes the feminine and neuter genders and is
|
Use of the masculine gender includes the feminine and neuter genders and is employed solely to facilitate reading.
|
||||||
employed solely to facilitate reading.
|
|
||||||
|
|
||||||
2. Applicability
|
2. Applicability
|
||||||
2.1. This Licence governs the use, copying, modification, communication to
|
2.1. This Licence governs the use, copying, modification, communication to the public and distribution of the Documentation, and the manufacture and distribution of Products. By exercising any right granted under this Licence, the Licensee irrevocably accepts these terms and conditions.
|
||||||
the public and distribution of the Documentation, and the manufacture and
|
2.2. This Licence is granted by the Licensor directly to the Licensee, and shall apply worldwide and without limitation in time. The Licensee may assign his licence rights or grant sub-licences.
|
||||||
distribution of Products. By exercising any right granted under this Licence,
|
2.3. This Licence does not extend to software, firmware, or code loaded into programmable devices which may be used in conjunction with the Documentation, the modified Documentation or with Products, unless such software, firmware, or code is explicitly expressed to be subject to this Licence. The use of such software, firmware, or code is otherwise subject to the applicable licence terms and conditions.
|
||||||
the Licensee irrevocably accepts these terms and conditions.
|
|
||||||
2.2. This Licence is granted by the Licensor directly to the Licensee, and
|
|
||||||
shall apply worldwide and without limitation in time. The Licensee may assign
|
|
||||||
his licence rights or grant sub-licences.
|
|
||||||
2.3. This Licence does not extend to software, firmware, or code loaded into
|
|
||||||
programmable devices which may be used in conjunction with the Documentation,
|
|
||||||
the modified Documentation or with Products, unless such software, firmware,
|
|
||||||
or code is explicitly expressed to be subject to this Licence. The use of
|
|
||||||
such software, firmware, or code is otherwise subject to the applicable licence
|
|
||||||
terms and conditions.
|
|
||||||
|
|
||||||
3. Copying, modification, communication to the public and distribution of
|
3. Copying, modification, communication to the public and distribution of the Documentation
|
||||||
the Documentation
|
3.1. The Licensee shall keep intact all copyright and trademarks notices, all notices referring to Documentation Location, and all notices that refer to this Licence and to the disclaimer of warranties that are included in the Documentation. He shall include a copy thereof in every copy of the Documentation or, as the case may be, modified Documentation, that he communicates to the public or distributes.
|
||||||
3.1. The Licensee shall keep intact all copyright and trademarks notices,
|
3.2. The Licensee may copy, communicate to the public and distribute verbatim copies of the Documentation, in any medium, subject to the requirements specified in section 3.1.
|
||||||
all notices referring to Documentation Location, and all notices that refer
|
3.3. The Licensee may modify the Documentation or any portion thereof provided that upon modification of the Documentation, the Licensee shall make the modified Documentation available from a Documentation Location such that it can be easily located by an original Licensor once the Licensee communicates to the public or distributes the modified Documentation under section 3.4, and, where required by section 4.1, by a recipient of a Product. However, the Licensor shall not assert his rights under the foregoing proviso unless or until a Product is distributed.
|
||||||
to this Licence and to the disclaimer of warranties that are included in the
|
3.4. The Licensee may communicate to the public and distribute the modified Documentation (thereby in addition to being a Licensee also becoming a Licensor), always provided that he shall:
|
||||||
Documentation. He shall include a copy thereof in every copy of the Documentation
|
|
||||||
or, as the case may be, modified Documentation, that he communicates to the
|
|
||||||
public or distributes.
|
|
||||||
3.2. The Licensee may copy, communicate to the public and distribute verbatim
|
|
||||||
copies of the Documentation, in any medium, subject to the requirements specified
|
|
||||||
in section 3.1.
|
|
||||||
3.3. The Licensee may modify the Documentation or any portion thereof provided
|
|
||||||
that upon modification of the Documentation, the Licensee shall make the modified
|
|
||||||
Documentation available from a Documentation Location such that it can be
|
|
||||||
easily located by an original Licensor once the Licensee communicates to the
|
|
||||||
public or distributes the modified Documentation under section 3.4, and, where
|
|
||||||
required by section 4.1, by a recipient of a Product. However, the Licensor
|
|
||||||
shall not assert his rights under the foregoing proviso unless or until a
|
|
||||||
Product is distributed.
|
|
||||||
3.4. The Licensee may communicate to the public and distribute the modified
|
|
||||||
Documentation (thereby in addition to being a Licensee also becoming a Licensor),
|
|
||||||
always provided that he shall:
|
|
||||||
a) comply with section 3.1;
|
a) comply with section 3.1;
|
||||||
b) cause the modified Documentation to carry prominent notices stating that
|
b) cause the modified Documentation to carry prominent notices stating that the Licensee has modified the Documentation, with the date and description of the modifications;
|
||||||
the Licensee has modified the Documentation, with the date and description
|
c) cause the modified Documentation to carry a new Documentation Location notice if the original Documentation provided for one;
|
||||||
of the modifications;
|
d) make available the modified Documentation at the same level of abstraction as that of the Documentation, in the preferred format for making modifications to it (e.g. the native format of the CAD tool as applicable), and in the event that format is proprietary, in a format viewable with a tool licensed under an OSI-approved license if the proprietary tool can create it; and
|
||||||
c) cause the modified Documentation to carry a new Documentation Location
|
e) license the modified Documentation under the terms and conditions of this Licence or, where applicable, a later version of this Licence as may be issued by CERN.
|
||||||
notice if the original Documentation provided for one;
|
3.5. The Licence includes a non-exclusive licence to those patents or registered designs that are held by, under the control of, or sub-licensable by the Licensor, to the extent necessary to make use of the rights granted under this Licence. The scope of this section 3.5 shall be strictly limited to the parts of the Documentation or modified Documentation created by the Licensor.
|
||||||
d) make available the modified Documentation at the same level of abstraction
|
|
||||||
as that of the Documentation, in the preferred format for making modifications
|
|
||||||
to it (e.g. the native format of the CAD tool as applicable), and in the event
|
|
||||||
that format is proprietary, in a format viewable with a tool licensed under
|
|
||||||
an OSI-approved license if the proprietary tool can create it; and
|
|
||||||
e) license the modified Documentation under the terms and conditions of this
|
|
||||||
Licence or, where applicable, a later version of this Licence as may be issued
|
|
||||||
by CERN.
|
|
||||||
3.5. The Licence includes a non-exclusive licence to those patents or registered
|
|
||||||
designs that are held by, under the control of, or sub-licensable by the Licensor,
|
|
||||||
to the extent necessary to make use of the rights granted under this Licence.
|
|
||||||
The scope of this section 3.5 shall be strictly limited to the parts of the
|
|
||||||
Documentation or modified Documentation created by the Licensor.
|
|
||||||
|
|
||||||
4. Manufacture and distribution of Products
|
4. Manufacture and distribution of Products
|
||||||
4.1. The Licensee may manufacture or distribute Products always provided that,
|
4.1. The Licensee may manufacture or distribute Products always provided that, where such manufacture or distribution requires a licence under this Licence the Licensee provides to each recipient of such Products an easy means of accessing a copy of the Documentation or modified Documentation, as applicable, as set out in section 3.
|
||||||
where such manufacture or distribution requires a licence under this Licence
|
4.2. The Licensee is invited to inform any Licensor who has indicated his wish to receive this information about the type, quantity and dates of production of Products the Licensee has (had) manufactured
|
||||||
the Licensee provides to each recipient of such Products an easy means of
|
|
||||||
accessing a copy of the Documentation or modified Documentation, as applicable,
|
|
||||||
as set out in section 3.
|
|
||||||
4.2. The Licensee is invited to inform any Licensor who has indicated his
|
|
||||||
wish to receive this information about the type, quantity and dates of production
|
|
||||||
of Products the Licensee has (had) manufactured
|
|
||||||
|
|
||||||
5. Warranty and liability
|
5. Warranty and liability
|
||||||
5.1. DISCLAIMER – The Documentation and any modified Documentation are provided
|
5.1. DISCLAIMER – The Documentation and any modified Documentation are provided "as is" and any express or implied warranties, including, but not limited to, implied warranties of merchantability, of satisfactory quality, non-infringement of third party rights, and fitness for a particular purpose or use are disclaimed in respect of the Documentation, the modified Documentation or any Product. The Licensor makes no representation that the Documentation, modified Documentation, or any Product, does or will not infringe any patent, copyright, trade secret or other proprietary right. The entire risk as to the use, quality, and performance of a Product shall be with the Licensee and not the Licensor. This disclaimer of warranty is an essential part of this Licence and a condition for the grant of any rights granted under this Licence. The Licensee warrants that it does not act in a consumer capacity.
|
||||||
"as is" and any express or implied warranties, including, but not limited
|
5.2. LIMITATION OF LIABILITY – The Licensor shall have no liability for direct, indirect, special, incidental, consequential, exemplary, punitive or other damages of any character including, without limitation, procurement of substitute goods or services, loss of use, data or profits, or business interruption, however caused and on any theory of contract, warranty, tort (including negligence), product liability or otherwise, arising in any way in relation to the Documentation, modified Documentation and/or the use, manufacture or distribution of a Product, even if advised of the possibility of such damages, and the Licensee shall hold the Licensor(s) free and harmless from any liability, costs, damages, fees and expenses, including claims by third parties, in relation to such use.
|
||||||
to, implied warranties of merchantability, of satisfactory quality, non-infringement
|
|
||||||
of third party rights, and fitness for a particular purpose or use are disclaimed
|
|
||||||
in respect of the Documentation, the modified Documentation or any Product.
|
|
||||||
The Licensor makes no representation that the Documentation, modified Documentation,
|
|
||||||
or any Product, does or will not infringe any patent, copyright, trade secret
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|
||||||
or other proprietary right. The entire risk as to the use, quality, and performance
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|
||||||
of a Product shall be with the Licensee and not the Licensor. This disclaimer
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|
||||||
of warranty is an essential part of this Licence and a condition for the grant
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|
||||||
of any rights granted under this Licence. The Licensee warrants that it does
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|
||||||
not act in a consumer capacity.
|
|
||||||
5.2. LIMITATION OF LIABILITY – The Licensor shall have no liability for direct,
|
|
||||||
indirect, special, incidental, consequential, exemplary, punitive or other
|
|
||||||
damages of any character including, without limitation, procurement of substitute
|
|
||||||
goods or services, loss of use, data or profits, or business interruption,
|
|
||||||
however caused and on any theory of contract, warranty, tort (including negligence),
|
|
||||||
product liability or otherwise, arising in any way in relation to the Documentation,
|
|
||||||
modified Documentation and/or the use, manufacture or distribution of a Product,
|
|
||||||
even if advised of the possibility of such damages, and the Licensee shall
|
|
||||||
hold the Licensor(s) free and harmless from any liability, costs, damages,
|
|
||||||
fees and expenses, including claims by third parties, in relation to such
|
|
||||||
use.
|
|
||||||
|
|
||||||
6. General
|
6. General
|
||||||
6.1. Except for the rights explicitly granted hereunder, this Licence does
|
6.1. Except for the rights explicitly granted hereunder, this Licence does not imply or represent any transfer or assignment of intellectual property rights to the Licensee.
|
||||||
not imply or represent any transfer or assignment of intellectual property
|
6.2. The Licensee shall not use or make reference to any of the names (including acronyms and abbreviations), images, or logos under which the Licensor is known, save in so far as required to comply with section 3. Any such permitted use or reference shall be factual and shall in no event suggest any kind of endorsement by the Licensor or its personnel of the modified Documentation or any Product, or any kind of implication by the Licensor or its personnel in the preparation of the modified Documentation or Product.
|
||||||
rights to the Licensee.
|
6.3. CERN may publish updated versions of this Licence which retain the same general provisions as this version, but differ in detail so far this is required and reasonable. New versions will be published with a unique version number.
|
||||||
6.2. The Licensee shall not use or make reference to any of the names (including
|
6.4. This Licence shall terminate with immediate effect, upon written notice and without involvement of a court if the Licensee fails to comply with any of its terms and conditions, or if the Licensee initiates legal action against Licensor in relation to this Licence. Section 5 shall continue to apply.
|
||||||
acronyms and abbreviations), images, or logos under which the Licensor is
|
|
||||||
known, save in so far as required to comply with section 3. Any such permitted
|
|
||||||
use or reference shall be factual and shall in no event suggest any kind of
|
|
||||||
endorsement by the Licensor or its personnel of the modified Documentation
|
|
||||||
or any Product, or any kind of implication by the Licensor or its personnel
|
|
||||||
in the preparation of the modified Documentation or Product.
|
|
||||||
6.3. CERN may publish updated versions of this Licence which retain the same
|
|
||||||
general provisions as this version, but differ in detail so far this is required
|
|
||||||
and reasonable. New versions will be published with a unique version number.
|
|
||||||
6.4. This Licence shall terminate with immediate effect, upon written notice
|
|
||||||
and without involvement of a court if the Licensee fails to comply with any
|
|
||||||
of its terms and conditions, or if the Licensee initiates legal action against
|
|
||||||
Licensor in relation to this Licence. Section 5 shall continue to apply.
|
|
||||||
|
|
|
@ -1,55 +1,12 @@
|
||||||
|
|
||||||
1. This LICENSE AGREEMENT is between the Corporation for National Research
|
1. This LICENSE AGREEMENT is between the Corporation for National Research Initiatives, having an office at 1895 Preston White Drive, Reston, VA 20191 ("CNRI"), and the Individual or Organization ("Licensee") accessing and using JPython version 1.1.x in source or binary form and its associated documentation as provided herein ("Software").
|
||||||
Initiatives, having an office at 1895 Preston White Drive, Reston, VA 20191
|
|
||||||
("CNRI"), and the Individual or Organization ("Licensee") accessing and using
|
|
||||||
JPython version 1.1.x in source or binary form and its associated documentation
|
|
||||||
as provided herein ("Software").
|
|
||||||
|
|
||||||
2. Subject to the terms and conditions of this License Agreement, CNRI hereby
|
2. Subject to the terms and conditions of this License Agreement, CNRI hereby grants Licensee a non-exclusive, non-transferable, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use the Software alone or in any derivative version, provided, however, that CNRI's License Agreement and CNRI's notice of copyright, i.e., “Copyright (c) 1996-1999 Corporation for National Research Initiatives; All Rights Reserved” are both retained in the Software, alone or in any derivative version prepared by Licensee.
|
||||||
grants Licensee a non-exclusive, non-transferable, royalty-free, world-wide
|
Alternatively, in lieu of CNRI's License Agreement, Licensee may substitute the following text (omitting the quotes), provided, however, that such text is displayed prominently in the Software alone or in any derivative version prepared by Licensee: “JPython (Version 1.1.x) is made available subject to the terms and conditions in CNRI's License Agreement. This Agreement may be located on the Internet using the following unique, persistent identifier (known as a handle): 1895.22/1006. The License may also be obtained from a proxy server on the Web using the following URL: http://hdl.handle.net/1895.22/1006.”
|
||||||
license to reproduce, analyze, test, perform and/or display publicly, prepare
|
3. In the event Licensee prepares a derivative work that is based on or incorporates the Software or any part thereof, and wants to make the derivative work available to the public as provided herein, then Licensee hereby agrees to indicate in any such work, in a prominently visible way, the nature of the modifications made to CNRI's Software.
|
||||||
derivative works, distribute, and otherwise use the Software alone or in any
|
4. Licensee may not use CNRI trademarks or trade name, including JPython or CNRI, in a trademark sense to endorse or promote products or services of Licensee, or any third party. Licensee may use the mark JPython in connection with Licensee's derivative versions that are based on or incorporate the Software, but only in the form “JPython-based ___________________,” or equivalent.
|
||||||
derivative version, provided, however, that CNRI's License Agreement and CNRI's
|
5. CNRI is making the Software available to Licensee on an “AS IS” basis. CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
|
||||||
notice of copyright, i.e., “Copyright (c) 1996-1999 Corporation for National
|
6. CNRI SHALL NOT BE LIABLE TO LICENSEE OR OTHER USERS OF THE SOFTWARE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO THE ABOVE DISCLAIMER MAY NOT APPLY TO LICENSEE.
|
||||||
Research Initiatives; All Rights Reserved” are both retained in the Software,
|
7. This License Agreement may be terminated by CNRI (i) immediately upon written notice from CNRI of any material breach by the Licensee, if the nature of the breach is such that it cannot be promptly remedied; or (ii) sixty (60) days following notice from CNRI to Licensee of a material remediable breach, if Licensee has not remedied such breach within that sixty-day period.
|
||||||
alone or in any derivative version prepared by Licensee.
|
8. This License Agreement shall be governed by and interpreted in all respects by the law of the State of Virginia, excluding conflict of law provisions. Nothing in this Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between CNRI and Licensee.
|
||||||
Alternatively, in lieu of CNRI's License Agreement, Licensee may substitute
|
9. By clicking on the "ACCEPT" button where indicated, or by installing, copying or otherwise using the Software, Licensee agrees to be bound by the terms and conditions of this License Agreement.
|
||||||
the following text (omitting the quotes), provided, however, that such text
|
|
||||||
is displayed prominently in the Software alone or in any derivative version
|
|
||||||
prepared by Licensee: “JPython (Version 1.1.x) is made available subject to
|
|
||||||
the terms and conditions in CNRI's License Agreement. This Agreement may be
|
|
||||||
located on the Internet using the following unique, persistent identifier
|
|
||||||
(known as a handle): 1895.22/1006. The License may also be obtained from a
|
|
||||||
proxy server on the Web using the following URL: http://hdl.handle.net/1895.22/1006.”
|
|
||||||
3. In the event Licensee prepares a derivative work that is based on or incorporates
|
|
||||||
the Software or any part thereof, and wants to make the derivative work available
|
|
||||||
to the public as provided herein, then Licensee hereby agrees to indicate
|
|
||||||
in any such work, in a prominently visible way, the nature of the modifications
|
|
||||||
made to CNRI's Software.
|
|
||||||
4. Licensee may not use CNRI trademarks or trade name, including JPython or
|
|
||||||
CNRI, in a trademark sense to endorse or promote products or services of Licensee,
|
|
||||||
or any third party. Licensee may use the mark JPython in connection with Licensee's
|
|
||||||
derivative versions that are based on or incorporate the Software, but only
|
|
||||||
in the form “JPython-based ___________________,” or equivalent.
|
|
||||||
5. CNRI is making the Software available to Licensee on an “AS IS” basis.
|
|
||||||
CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF
|
|
||||||
EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND DISCLAIMS ANY REPRESENTATION
|
|
||||||
OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT
|
|
||||||
THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
|
|
||||||
6. CNRI SHALL NOT BE LIABLE TO LICENSEE OR OTHER USERS OF THE SOFTWARE FOR
|
|
||||||
ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF USING,
|
|
||||||
MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE THEREOF, EVEN IF
|
|
||||||
ADVISED OF THE POSSIBILITY THEREOF. SOME STATES DO NOT ALLOW THE LIMITATION
|
|
||||||
OR EXCLUSION OF LIABILITY SO THE ABOVE DISCLAIMER MAY NOT APPLY TO LICENSEE.
|
|
||||||
7. This License Agreement may be terminated by CNRI (i) immediately upon written
|
|
||||||
notice from CNRI of any material breach by the Licensee, if the nature of
|
|
||||||
the breach is such that it cannot be promptly remedied; or (ii) sixty (60)
|
|
||||||
days following notice from CNRI to Licensee of a material remediable breach,
|
|
||||||
if Licensee has not remedied such breach within that sixty-day period.
|
|
||||||
8. This License Agreement shall be governed by and interpreted in all respects
|
|
||||||
by the law of the State of Virginia, excluding conflict of law provisions.
|
|
||||||
Nothing in this Agreement shall be deemed to create any relationship of agency,
|
|
||||||
partnership, or joint venture between CNRI and Licensee.
|
|
||||||
9. By clicking on the "ACCEPT" button where indicated, or by installing, copying
|
|
||||||
or otherwise using the Software, Licensee agrees to be bound by the terms
|
|
||||||
and conditions of this License Agreement.
|
|
||||||
|
|
|
@ -2,60 +2,24 @@ CNRI OPEN SOURCE LICENSE AGREEMENT
|
||||||
|
|
||||||
IMPORTANT: PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY.
|
IMPORTANT: PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY.
|
||||||
|
|
||||||
BY CLICKING ON "ACCEPT" WHERE INDICATED BELOW, OR BY COPYING, INSTALLING OR
|
BY CLICKING ON "ACCEPT" WHERE INDICATED BELOW, OR BY COPYING, INSTALLING OR OTHERWISE USING PYTHON 1.6, beta 1 SOFTWARE, YOU ARE DEEMED TO HAVE AGREED TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
|
||||||
OTHERWISE USING PYTHON 1.6, beta 1 SOFTWARE, YOU ARE DEEMED TO HAVE AGREED
|
|
||||||
TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
|
|
||||||
|
|
||||||
1. This LICENSE AGREEMENT is between the Corporation for National Research
|
1. This LICENSE AGREEMENT is between the Corporation for National Research Initiatives, having an office at 1895 Preston White Drive, Reston, VA 20191 ("CNRI"), and the Individual or Organization ("Licensee") accessing and otherwise using Python 1.6, beta 1 software in source or binary form and its associated documentation, as released at the www.python.org Internet site on August 4, 2000 ("Python 1.6b1").
|
||||||
Initiatives, having an office at 1895 Preston White Drive, Reston, VA 20191
|
|
||||||
("CNRI"), and the Individual or Organization ("Licensee") accessing and otherwise
|
|
||||||
using Python 1.6, beta 1 software in source or binary form and its associated
|
|
||||||
documentation, as released at the www.python.org Internet site on August 4,
|
|
||||||
2000 ("Python 1.6b1").
|
|
||||||
|
|
||||||
2. Subject to the terms and conditions of this License Agreement, CNRI hereby
|
2. Subject to the terms and conditions of this License Agreement, CNRI hereby grants Licensee a non-exclusive, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use Python 1.6b1 alone or in any derivative version, provided, however, that CNRIs License Agreement is retained in Python 1.6b1, alone or in any derivative version prepared by Licensee.
|
||||||
grants Licensee a non-exclusive, royalty-free, world-wide license to reproduce,
|
|
||||||
analyze, test, perform and/or display publicly, prepare derivative works,
|
|
||||||
distribute, and otherwise use Python 1.6b1 alone or in any derivative version,
|
|
||||||
provided, however, that CNRIs License Agreement is retained in Python 1.6b1,
|
|
||||||
alone or in any derivative version prepared by Licensee.
|
|
||||||
|
|
||||||
Alternately, in lieu of CNRIs License Agreement, Licensee may substitute the
|
Alternately, in lieu of CNRIs License Agreement, Licensee may substitute the following text (omitting the quotes): "Python 1.6, beta 1, is made available subject to the terms and conditions in CNRIs License Agreement. This Agreement may be located on the Internet using the following unique, persistent identifier (known as a handle): 1895.22/1011. This Agreement may also be obtained from a proxy server on the Internet using the URL:http://hdl.handle.net/1895.22/1011".
|
||||||
following text (omitting the quotes): "Python 1.6, beta 1, is made available
|
|
||||||
subject to the terms and conditions in CNRIs License Agreement. This Agreement
|
|
||||||
may be located on the Internet using the following unique, persistent identifier
|
|
||||||
(known as a handle): 1895.22/1011. This Agreement may also be obtained from
|
|
||||||
a proxy server on the Internet using the URL:http://hdl.handle.net/1895.22/1011".
|
|
||||||
|
|
||||||
3. In the event Licensee prepares a derivative work that is based on or incorporates
|
3. In the event Licensee prepares a derivative work that is based on or incorporates Python 1.6b1 or any part thereof, and wants to make the derivative work available to the public as provided herein, then Licensee hereby agrees to indicate in any such work the nature of the modifications made to Python 1.6b1.
|
||||||
Python 1.6b1 or any part thereof, and wants to make the derivative work available
|
|
||||||
to the public as provided herein, then Licensee hereby agrees to indicate
|
|
||||||
in any such work the nature of the modifications made to Python 1.6b1.
|
|
||||||
|
|
||||||
4. CNRI is making Python 1.6b1 available to Licensee on an "AS IS" basis.
|
4. CNRI is making Python 1.6b1 available to Licensee on an "AS IS" basis. CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON 1.6b1 WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
|
||||||
CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF
|
|
||||||
EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND DISCLAIMS ANY REPRESENTATION
|
|
||||||
OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT
|
|
||||||
THE USE OF PYTHON 1.6b1 WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
|
|
||||||
|
|
||||||
5. CNRI SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF THE SOFTWARE
|
5. CNRI SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF THE SOFTWARE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF USING, MODIFYING OR DISTRIBUTING PYTHON 1.6b1, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
|
||||||
FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT
|
|
||||||
OF USING, MODIFYING OR DISTRIBUTING PYTHON 1.6b1, OR ANY DERIVATIVE THEREOF,
|
|
||||||
EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
|
|
||||||
|
|
||||||
6. This License Agreement will automatically terminate upon a material breach
|
6. This License Agreement will automatically terminate upon a material breach of its terms and conditions.
|
||||||
of its terms and conditions.
|
|
||||||
|
|
||||||
7. This License Agreement shall be governed by and interpreted in all respects
|
7. This License Agreement shall be governed by and interpreted in all respects by the law of the State of Virginia, excluding conflict of law provisions. Nothing in this License Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between CNRI and Licensee. This License Agreement does not grant permission to use CNRI trademarks or trade name in a trademark sense to endorse or promote products or services of Licensee, or any third party.
|
||||||
by the law of the State of Virginia, excluding conflict of law provisions.
|
|
||||||
Nothing in this License Agreement shall be deemed to create any relationship
|
|
||||||
of agency, partnership, or joint venture between CNRI and Licensee. This License
|
|
||||||
Agreement does not grant permission to use CNRI trademarks or trade name in
|
|
||||||
a trademark sense to endorse or promote products or services of Licensee,
|
|
||||||
or any third party.
|
|
||||||
|
|
||||||
8. By clicking on the "ACCEPT" button where indicated, or by copying, installing
|
8. By clicking on the "ACCEPT" button where indicated, or by copying, installing or otherwise using Python 1.6b1, Licensee agrees to be bound by the terms and conditions of this License Agreement.
|
||||||
or otherwise using Python 1.6b1, Licensee agrees to be bound by the terms
|
|
||||||
and conditions of this License Agreement.
|
|
||||||
|
|
||||||
ACCEPT
|
ACCEPT
|
||||||
|
|
|
@ -2,66 +2,22 @@ CNRI OPEN SOURCE GPL-COMPATIBLE LICENSE AGREEMENT
|
||||||
|
|
||||||
IMPORTANT: PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY.
|
IMPORTANT: PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY.
|
||||||
|
|
||||||
BY CLICKING ON "ACCEPT" WHERE INDICATED BELOW, OR BY COPYING, INSTALLING OR
|
BY CLICKING ON "ACCEPT" WHERE INDICATED BELOW, OR BY COPYING, INSTALLING OR OTHERWISE USING PYTHON 1.6.1 SOFTWARE, YOU ARE DEEMED TO HAVE AGREED TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
|
||||||
OTHERWISE USING PYTHON 1.6.1 SOFTWARE, YOU ARE DEEMED TO HAVE AGREED TO THE
|
|
||||||
TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
|
|
||||||
|
|
||||||
1. This LICENSE AGREEMENT is between the Corporation for National Research
|
1. This LICENSE AGREEMENT is between the Corporation for National Research Initiatives, having an office at 1895 Preston White Drive, Reston, VA 20191 ("CNRI"), and the Individual or Organization ("Licensee") accessing and otherwise using Python 1.6.1 software in source or binary form and its associated documentation.
|
||||||
Initiatives, having an office at 1895 Preston White Drive, Reston, VA 20191
|
|
||||||
("CNRI"), and the Individual or Organization ("Licensee") accessing and otherwise
|
|
||||||
using Python 1.6.1 software in source or binary form and its associated documentation.
|
|
||||||
|
|
||||||
2. Subject to the terms and conditions of this License Agreement, CNRI hereby
|
2. Subject to the terms and conditions of this License Agreement, CNRI hereby grants Licensee a nonexclusive, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use Python 1.6.1 alone or in any derivative version, provided, however, that CNRI's License Agreement and CNRI's notice of copyright, i.e., "Copyright © 1995-2001 Corporation for National Research Initiatives; All Rights Reserved" are retained in Python 1.6.1 alone or in any derivative version prepared by Licensee. Alternately, in lieu of CNRI's License Agreement, Licensee may substitute the following text (omitting the quotes): "Python 1.6.1 is made available subject to the terms and conditions in CNRI's License Agreement. This Agreement together with Python 1.6.1 may be located on the Internet using the following unique, persistent identifier (known as a handle): 1895.22/1013. This Agreement may also be obtained from a proxy server on the Internet using the following URL: http://hdl.handle.net/1895.22/1013".
|
||||||
grants Licensee a nonexclusive, royalty-free, world-wide license to reproduce,
|
|
||||||
analyze, test, perform and/or display publicly, prepare derivative works,
|
|
||||||
distribute, and otherwise use Python 1.6.1 alone or in any derivative version,
|
|
||||||
provided, however, that CNRI's License Agreement and CNRI's notice of copyright,
|
|
||||||
i.e., "Copyright © 1995-2001 Corporation for National Research Initiatives;
|
|
||||||
All Rights Reserved" are retained in Python 1.6.1 alone or in any derivative
|
|
||||||
version prepared by Licensee. Alternately, in lieu of CNRI's License Agreement,
|
|
||||||
Licensee may substitute the following text (omitting the quotes): "Python
|
|
||||||
1.6.1 is made available subject to the terms and conditions in CNRI's License
|
|
||||||
Agreement. This Agreement together with Python 1.6.1 may be located on the
|
|
||||||
Internet using the following unique, persistent identifier (known as a handle):
|
|
||||||
1895.22/1013. This Agreement may also be obtained from a proxy server on the
|
|
||||||
Internet using the following URL: http://hdl.handle.net/1895.22/1013".
|
|
||||||
|
|
||||||
3. In the event Licensee prepares a derivative work that is based on or incorporates
|
3. In the event Licensee prepares a derivative work that is based on or incorporates Python 1.6.1 or any part thereof, and wants to make the derivative work available to others as provided herein, then Licensee hereby agrees to include in any such work a brief summary of the changes made to Python 1.6.1.
|
||||||
Python 1.6.1 or any part thereof, and wants to make the derivative work available
|
|
||||||
to others as provided herein, then Licensee hereby agrees to include in any
|
|
||||||
such work a brief summary of the changes made to Python 1.6.1.
|
|
||||||
|
|
||||||
4. CNRI is making Python 1.6.1 available to Licensee on an "AS IS" basis.
|
4. CNRI is making Python 1.6.1 available to Licensee on an "AS IS" basis. CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON 1.6.1 WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
|
||||||
CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF
|
|
||||||
EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND DISCLAIMS ANY REPRESENTATION
|
|
||||||
OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT
|
|
||||||
THE USE OF PYTHON 1.6.1 WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
|
|
||||||
|
|
||||||
5. CNRI SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON 1.6.1
|
5. CNRI SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON 1.6.1 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON 1.6.1, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
|
||||||
FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT
|
|
||||||
OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON 1.6.1, OR ANY DERIVATIVE
|
|
||||||
THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
|
|
||||||
|
|
||||||
6. This License Agreement will automatically terminate upon a material breach
|
6. This License Agreement will automatically terminate upon a material breach of its terms and conditions.
|
||||||
of its terms and conditions.
|
|
||||||
|
|
||||||
7. This License Agreement shall be governed by the federal intellectual property
|
7. This License Agreement shall be governed by the federal intellectual property law of the United States, including without limitation the federal copyright law, and, to the extent such U.S. federal law does not apply, by the law of the Commonwealth of Virginia, excluding Virginia's conflict of law provisions. Notwithstanding the foregoing, with regard to derivative works based on Python 1.6.1 that incorporate non-separable material that was previously distributed under the GNU General Public License (GPL), the law of the Commonwealth of Virginia shall govern this License Agreement only as to issues arising under or with respect to Paragraphs 4, 5, and 7 of this License Agreement. Nothing in this License Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between CNRI and Licensee. This License Agreement does not grant permission to use CNRI trademarks or trade name in a trademark sense to endorse or promote products or services of Licensee, or any third party.
|
||||||
law of the United States, including without limitation the federal copyright
|
|
||||||
law, and, to the extent such U.S. federal law does not apply, by the law of
|
|
||||||
the Commonwealth of Virginia, excluding Virginia's conflict of law provisions.
|
|
||||||
Notwithstanding the foregoing, with regard to derivative works based on Python
|
|
||||||
1.6.1 that incorporate non-separable material that was previously distributed
|
|
||||||
under the GNU General Public License (GPL), the law of the Commonwealth of
|
|
||||||
Virginia shall govern this License Agreement only as to issues arising under
|
|
||||||
or with respect to Paragraphs 4, 5, and 7 of this License Agreement. Nothing
|
|
||||||
in this License Agreement shall be deemed to create any relationship of agency,
|
|
||||||
partnership, or joint venture between CNRI and Licensee. This License Agreement
|
|
||||||
does not grant permission to use CNRI trademarks or trade name in a trademark
|
|
||||||
sense to endorse or promote products or services of Licensee, or any third
|
|
||||||
party.
|
|
||||||
|
|
||||||
8. By clicking on the "ACCEPT" button where indicated, or by copying, installing
|
8. By clicking on the "ACCEPT" button where indicated, or by copying, installing or otherwise using Python 1.6.1, Licensee agrees to be bound by the terms and conditions of this License Agreement.
|
||||||
or otherwise using Python 1.6.1, Licensee agrees to be bound by the terms
|
|
||||||
and conditions of this License Agreement.
|
|
||||||
|
|
||||||
ACCEPT
|
ACCEPT
|
||||||
|
|
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