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COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
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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.
c. "Distribute" means to make available to the public the original and
copies of the Work through sale or other transfer of ownership.
d. "Licensor" means the individual, individuals, entity or entities that
offer(s) the Work under the terms of this License.
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.
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
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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:
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.
c. 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
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exercise by You of the rights granted under this License;
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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,
iii. Voluntary License Schemes. The Licensor waives the right to
collect royalties, whether individually or, in the event that the
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voluntary licensing schemes, via that society, from any exercise
by You of the rights granted under this License.
The above rights may be exercised in all media and formats whether now
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such modifications as are technically necessary to exercise the rights in
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Licensor are hereby reserved.
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
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to the disclaimer of warranties with every copy of the Work You
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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.
b. If You Distribute, or Publicly Perform the Work or Collections, You
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the medium or means You are utilizing: (i) the name of the Original
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(e.g., a sponsor institute, publishing entity, journal) for
attribution ("Attribution Parties") in Licensor's copyright notice,
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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
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refer to the copyright notice or licensing information for the Work.
The credit required by this Section 4(b) 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
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License, You may not implicitly or explicitly assert or imply any
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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.
c. Except as otherwise agreed in writing by the Licensor or as may be
otherwise permitted by applicable law, if You Reproduce, Distribute or
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Collections, You must not distort, mutilate, modify or take other
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5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
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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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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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