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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

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.

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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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.

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.

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.

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.

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.

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:

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,

b.to Distribute and Publicly Perform the Work including         as incorporated in Collections.

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 8(f), all rights not expressly       granted by Licensor are hereby reserved, including but not       limited to the rights set forth in Section 4(d).

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

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.

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.

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.

d.For the avoidance of doubt: 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;

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(b)             and otherwise waives the right to collect royalties             through any statutory or compulsory licensing scheme;             and,

iii.Voluntary License Schemes. The             Licensor reserves 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 that is for a purpose or             use which is otherwise than noncommercial as            permitted under Section 4(b).

e.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 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.

 

5. Representations, Warranties and       Disclaimer

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.

6. Limitation on Liability. EXCEPT TO       THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL       LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY       SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY       DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK,       EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF       SUCH DAMAGES.

7. Termination

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.

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.

8. Miscellaneous

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.

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.

c.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.

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.

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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