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Creative Commons Attribution No Derivatives 3.0 | Software Package Data Exchange (SPDX)
Creative Commons Attribution No Derivatives 3.0
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Creative Commons Attribution No Derivatives 3.0
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Creative Commons Attribution-NoDerivs 3.0 Unported
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,
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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
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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
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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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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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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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d.
"Licensor" means the individual, individuals, entity or entities that offer(s) 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
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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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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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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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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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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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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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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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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b.
to Distribute and Publicly Perform the Work including as incorporated in Collections.
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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 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;
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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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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.
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.
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4.
Restrictions. The license granted in Section 3 above is expressly made subject to and limited by
the following restrictions:
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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.
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b.
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(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 contributing authors of the 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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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 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.
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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,
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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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.
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7.
Termination
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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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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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8.
Miscellaneous
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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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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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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.
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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 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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