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License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS
PUBLIC LICENSE (OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT
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AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR
GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR
ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
1. Definitions
- "Collective Work" means a work, such as a
periodical issue, anthology or encyclopedia, in which the Work
in its entirety in unmodified form, along with a number of other
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License.
- "Derivative Work" means a work based upon
the Work or upon the Work and other pre-existing works, such as
a translation, musical arrangement, dramatization,
fictionalization, motion picture version, sound recording, art
reproduction, abridgment, condensation, or any other form in
which the Work may be recast, transformed, or adapted, except
that a work that constitutes a Collective Work will not be
considered a Derivative Work for the purpose of this License.
For the avoidance of doubt, where the Work is a musical
composition or sound recording, the synchronization of the Work
in timed-relation with a moving image ("synching") will be
considered a Derivative Work for the purpose of this License.
- "Licensor" means the individual or entity
that offers the Work under the terms of this License.
- "Original Author" means the individual or
entity who created the Work.
- "Work" means the copyrightable work of
authorship offered under the terms of this License.
- "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.
2. Fair Use Rights. Nothing in this license is
intended to reduce, limit, or restrict any rights arising from fair
use, first sale or other limitations on the exclusive rights of the
copyright owner 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:
- to reproduce the Work, to incorporate the Work into one or
more Collective Works, and to reproduce the Work as incorporated
in the Collective Works;
- to distribute copies or phonorecords of, display publicly,
perform publicly, and perform publicly by means of a digital
audio transmission the Work including as incorporated in
Collective Works;
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 Derivative Works. All rights not expressly
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to the rights set forth in Sections 4(d) and 4(e).
4. Restrictions.The license granted in Section 3
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- You may distribute, publicly display, publicly perform, or
publicly digitally perform the Work only under the terms of this
License, and You must include a copy of, or the Uniform Resource
Identifier for, this License with every copy or phonorecord of
the Work You distribute, publicly display, publicly perform, or
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terms on the Work that alter or restrict the terms of this
License or the recipients' exercise of the rights granted
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perform, or publicly digitally perform the Work with any
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a manner inconsistent with the terms of this License Agreement.
The above applies to the Work as incorporated in a Collective
Work, but this does not require the Collective Work apart from
the Work itself to be made subject to the terms of this License.
If You create a Collective Work, upon notice from any Licensor
You must, to the extent practicable, remove from the Collective
Work any reference to such Licensor or the Original Author, as
requested.
- You may not exercise any of the rights granted to You in
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directed toward commercial advantage or private monetary
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considered to be intended for or directed toward commercial
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credit reasonable to the medium or means You are utilizing by
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the extent reasonably practicable, the Uniform Resource
Identifier, if any, that Licensor specifies to be associated
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notice or licensing information for the Work. Such credit may be
implemented in any reasonable manner; provided, however, that in
the case of a Collective Work, at a minimum such credit will
appear where any other comparable authorship credit appears and
in a manner at least as prominent as such other comparable
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-
For the avoidance of doubt, where the Work is a musical
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- Performance Royalties Under Blanket Licenses.
Licensor reserves the exclusive right to collect, whether
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that performance is primarily intended for or directed
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- Mechanical Rights and Statutory Royalties.
Licensor reserves the exclusive right to collect, whether
individually or via a music rights agency or designated
agent (e.g. Harry Fox Agency), royalties for any phonorecord
You create from the Work ("cover version") and distribute,
subject to the compulsory license created by 17 USC Section
115 of the US Copyright Act (or the equivalent in other
jurisdictions), if Your distribution of such cover version
is primarily intended for or directed toward commercial
advantage or private monetary compensation.
- Webcasting Rights and Statutory Royalties.
For the avoidance of doubt, where the Work is a sound recording,
Licensor reserves the exclusive right to collect, whether
individually or via a performance-rights society (e.g.
SoundExchange), royalties for the public digital performance
(e.g. webcast) of the Work, subject to the compulsory license
created by 17 USC Section 114 of the US Copyright Act (or the
equivalent in other jurisdictions), if Your public digital
performance is primarily intended for or directed toward
commercial advantage or private monetary compensation.
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
- 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 Collective
Works 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.
- 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
- Each time You distribute or publicly digitally perform the
Work or a Collective Work, 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.
- 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.
- 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.
- 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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