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211 lines
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211 lines
14 KiB
Plaintext
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE
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("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE
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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
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OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE
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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 encyclopedia,
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in which the Work in its entirety in unmodified form, along with a number of other
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contributions, constituting separate and independent works in themselves, are assembled
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into a collective whole. A work that constitutes a Collective Work will not be
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considered a Derivative Work (as defined below) 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 other
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pre-existing works, such as a translation, musical arrangement, dramatization,
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fictionalization, motion picture version, sound recording, art reproduction, abridgment,
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condensation, or any other form in which the Work may be recast, transformed, or adapted,
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except that a work that constitutes a Collective Work will not be considered a Derivative
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Work for the purpose of this License. For the avoidance of doubt, where the Work is a
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musical composition or sound recording, the synchronization of the Work in timed-relation
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with a moving 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 terms of this
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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 of this
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License.
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f. "You" means an individual or entity exercising rights under this License who has not
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previously violated the terms of this License with respect to the Work, or who has
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received express permission from the Licensor to exercise rights under this License
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despite a previous violation.
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g. "License Elements" means the following high-level license attributes as selected by
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Licensor and indicated in the title of this License: Attribution, ShareAlike.
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2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights
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arising from fair use, first sale or other limitations on the exclusive rights of the copyright
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owner 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
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You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable
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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 Collective Works, and to
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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, and perform
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publicly by means of a digital audio transmission the Work including as incorporated in
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Collective Works;
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d. to distribute copies or phonorecords of, display publicly, perform publicly, and perform
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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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i. Performance Royalties Under Blanket Licenses. Licensor waives the exclusive right to
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collect, whether individually or via a performance rights society (e.g. ASCAP, BMI,
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SESAC), royalties for the public performance or public digital performance (e.g.
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webcast) of the Work.
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ii. Mechanical Rights and Statutory Royalties. Licensor waives the exclusive right to
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collect, whether individually or via a music rights society or designated agent (e.g.
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Harry Fox Agency), royalties for any phonorecord You create from the Work ("cover
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version") and distribute, subject to the compulsory license created by 17 USC Section
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115 of the US Copyright Act (or the equivalent in other jurisdictions).
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f. Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is
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a sound recording, Licensor waives the exclusive right to collect, whether individually
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or via a performance-rights society (e.g. SoundExchange), royalties for the public
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digital performance (e.g. webcast) of the Work, subject to the compulsory license created
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by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions).
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The above rights may be exercised in all media and formats whether now known or hereafter devised.
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The above rights include the right to make such modifications as are technically necessary to
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exercise the rights in other media and formats. All rights not expressly granted by Licensor are
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hereby reserved.
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4. Restrictions.The license granted in Section 3 above is expressly made subject to and limited by
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the following restrictions:
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a. You may distribute, publicly display, publicly perform, or publicly digitally perform the
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Work only under the terms of this License, and You must include a copy of, or the Uniform
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Resource Identifier for, this License with every copy or phonorecord of the Work You
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distribute, publicly display, publicly perform, or publicly digitally perform. You may
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not offer or impose any terms on the Work that alter or restrict the terms of this
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License or the recipients' exercise of the rights granted hereunder. You may not
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sublicense the Work. You must keep intact all notices that refer to this License and to
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the disclaimer 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 control
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access or use of the Work in a manner inconsistent with the terms of this License
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Agreement. The above applies to the Work as incorporated in a Collective Work, but this
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does not require the Collective Work apart from the Work itself to be made subject to the
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terms of this License. If You create a Collective Work, upon notice from any Licensor You
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must, to the extent practicable, remove from the Collective Work any reference to such
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Licensor or the Original Author, as requested. If You create a Derivative Work, upon
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notice from any Licensor You must, to the extent practicable, remove from the Derivative
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Work 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
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Derivative Work only under the terms of this License, a later version of this License
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with the same License Elements as this License, or a Creative Commons iCommons license
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that contains the same License Elements as this License (e.g. Attribution-ShareAlike 2.0
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Japan). You must include a copy of, or the Uniform Resource Identifier for, this License
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or other license specified in the previous sentence with every copy or phonorecord of
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each Derivative Work You distribute, publicly display, publicly perform, or publicly
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digitally perform. You may not offer or impose any terms on the Derivative Works that
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alter or restrict the terms of this License or the recipients' exercise of the rights
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granted hereunder, and You must keep intact all notices that refer to this License and to
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the disclaimer of warranties. You may not distribute, publicly display, publicly perform,
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or publicly digitally perform the Derivative Work with any technological measures that
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control access or use of the Work in a manner inconsistent with the terms of this License
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Agreement. The above applies to the Derivative Work as incorporated in a Collective Work,
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but this does not require the Collective Work apart from the Derivative Work itself to be
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made subject to the terms of this License.
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c. If you distribute, publicly display, publicly perform, or publicly digitally perform the
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Work or any Derivative Works or Collective Works, You must keep intact all copyright
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notices for the Work and give the Original Author credit reasonable to the medium or
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means You are utilizing by conveying the name (or pseudonym if applicable) of the
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Original Author if supplied; the title of the Work if supplied; to the extent reasonably
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practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be
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associated with the Work, unless such URI does not refer to the copyright notice or
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licensing information for the Work; and in the case of a Derivative Work, a credit
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identifying 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 Author").
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Such credit may be implemented in any reasonable manner; provided, however, that in the
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case of a Derivative Work or Collective Work, at a minimum such credit will appear where
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any other comparable authorship credit appears and in a manner at least as prominent as
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such other comparable authorship credit.
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5. Representations, Warranties and Disclaimer
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UNLESS OTHERWISE AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO
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REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE MATERIALS, EXPRESS, IMPLIED, STATUTORY OR
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OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A
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PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE
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PRESENCE OF ABSENCE 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, IN NO EVENT WILL
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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
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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
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breach by You of the terms of this License. Individuals or entities who have received
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Derivative Works or Collective Works from You under this License, however, will not have
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their licenses terminated provided such individuals or entities remain in full compliance
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with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this
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License.
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b. Subject to the above terms and conditions, the license granted here is perpetual (for the
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duration of the applicable copyright in the Work). Notwithstanding the above, Licensor
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reserves the right to release the Work under different license terms or to stop
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distributing the Work at any time; provided, however that any such election will not
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serve to withdraw this License (or any other license that has been, or is required to be,
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granted under the terms of this License), and this License will continue in full force
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and effect unless terminated 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 Work, the
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Licensor offers to the recipient a license to the Work on the same terms and conditions
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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
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to the recipient a license to the original Work on the same terms and conditions as the
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license granted to You under this License.
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c. If any provision of this License is invalid or unenforceable under applicable law, it
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shall not affect the validity or enforceability of the remainder of the terms of this
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License, and without further action by the parties to this agreement, such provision
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shall be reformed to the minimum extent necessary to make such provision valid and
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enforceable.
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d. No term or provision of this License shall be deemed waived and no breach consented to
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unless such waiver or consent shall be in writing and signed by the party to be charged
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with such waiver or consent.
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e. This License constitutes the entire agreement between the parties with respect to the
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Work licensed here. There are no understandings, agreements or representations with
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respect to the Work not specified here. Licensor shall not be bound by any additional
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provisions that may appear in any communication from You. This License may not be
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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 in connection
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with the Work. Creative Commons will not be liable to You or any party on any legal theory for
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any damages whatsoever, including without limitation any general, special, incidental or
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consequential damages arising in connection to this license. Notwithstanding the foregoing two
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(2) sentences, 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 licensed under the
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CCPL, neither party will use 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. Any permitted use will
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be in compliance with Creative Commons' then-current trademark usage guidelines, as may be
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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/. |