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Creative Commons Attribution-NonCommercial-ShareAlike 1.0 CREATIVE COMMONS |
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CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION |
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OF THIS DRAFT LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE |
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COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES |
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NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY |
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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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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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LICENSE IS PROHIBITED. |
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO |
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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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1. Definitions |
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a. "Collective Work" means a work, such as a periodical issue, anthology or |
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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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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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c. "Licensor" means the individual or entity that offers the Work under the |
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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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of this License. |
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f. "You" means an individual or entity exercising rights under this License |
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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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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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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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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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c. to distribute copies or phonorecords of, display publicly, perform publicly, |
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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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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 |
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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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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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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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b. You may distribute, publicly display, publicly perform, or publicly digitally |
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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. You may not exercise any of the rights granted to You in Section 3 above |
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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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d. 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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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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5. Representations, Warranties and Disclaimer |
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a. By offering the Work for public release under this License, Licensor represents |
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and warrants that, to the best of Licensor's knowledge after reasonable inquiry: |
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i. Licensor has secured all rights in the Work necessary to grant the license |
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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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ii. The Work does not infringe the copyright, trademark, publicity rights, |
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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 |
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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, |
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AND EXCEPT FOR DAMAGES ARISING FROM LIABILITY TO A THIRD PARTY RESULTING FROM |
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BREACH OF THE WARRANTIES IN SECTION 5, IN NO EVENT WILL LICENSOR BE LIABLE |
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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 |
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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 |
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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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License, 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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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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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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8. Miscellaneous |
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a. Each time You distribute or publicly digitally perform the Work or a Collective |
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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, |
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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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c. If any provision of this License is invalid or unenforceable under applicable |
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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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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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e. This License constitutes the entire agreement between the parties with |
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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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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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Creative Commons is not a party to this License, and makes no warranty whatsoever |
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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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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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Except for the limited purpose of indicating to the public that the Work is |
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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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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/. |