Brad Bishop | a5c52ff | 2018-11-23 10:55:50 +1300 | [diff] [blame] | 1 | Attribution-ShareAlike 4.0 International |
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| 5 | Creative Commons Corporation ("Creative Commons") is not a law firm and |
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| 55 | ======================================================================= |
| 56 | |
| 57 | Creative Commons Attribution-ShareAlike 4.0 International Public |
| 58 | License |
| 59 | |
| 60 | By exercising the Licensed Rights (defined below), You accept and agree |
| 61 | to be bound by the terms and conditions of this Creative Commons |
| 62 | Attribution-ShareAlike 4.0 International Public License ("Public |
| 63 | License"). To the extent this Public License may be interpreted as a |
| 64 | contract, You are granted the Licensed Rights in consideration of Your |
| 65 | acceptance of these terms and conditions, and the Licensor grants You |
| 66 | such rights in consideration of benefits the Licensor receives from |
| 67 | making the Licensed Material available under these terms and |
| 68 | conditions. |
| 69 | |
| 70 | |
| 71 | Section 1 -- Definitions. |
| 72 | |
| 73 | a. Adapted Material means material subject to Copyright and Similar |
| 74 | Rights that is derived from or based upon the Licensed Material |
| 75 | and in which the Licensed Material is translated, altered, |
| 76 | arranged, transformed, or otherwise modified in a manner requiring |
| 77 | permission under the Copyright and Similar Rights held by the |
| 78 | Licensor. For purposes of this Public License, where the Licensed |
| 79 | Material is a musical work, performance, or sound recording, |
| 80 | Adapted Material is always produced where the Licensed Material is |
| 81 | synched in timed relation with a moving image. |
| 82 | |
| 83 | b. Adapter's License means the license You apply to Your Copyright |
| 84 | and Similar Rights in Your contributions to Adapted Material in |
| 85 | accordance with the terms and conditions of this Public License. |
| 86 | |
| 87 | c. BY-SA Compatible License means a license listed at |
| 88 | creativecommons.org/compatiblelicenses, approved by Creative |
| 89 | Commons as essentially the equivalent of this Public License. |
| 90 | |
| 91 | d. Copyright and Similar Rights means copyright and/or similar rights |
| 92 | closely related to copyright including, without limitation, |
| 93 | performance, broadcast, sound recording, and Sui Generis Database |
| 94 | Rights, without regard to how the rights are labeled or |
| 95 | categorized. For purposes of this Public License, the rights |
| 96 | specified in Section 2(b)(1)-(2) are not Copyright and Similar |
| 97 | Rights. |
| 98 | |
| 99 | e. Effective Technological Measures means those measures that, in the |
| 100 | absence of proper authority, may not be circumvented under laws |
| 101 | fulfilling obligations under Article 11 of the WIPO Copyright |
| 102 | Treaty adopted on December 20, 1996, and/or similar international |
| 103 | agreements. |
| 104 | |
| 105 | f. Exceptions and Limitations means fair use, fair dealing, and/or |
| 106 | any other exception or limitation to Copyright and Similar Rights |
| 107 | that applies to Your use of the Licensed Material. |
| 108 | |
| 109 | g. License Elements means the license attributes listed in the name |
| 110 | of a Creative Commons Public License. The License Elements of this |
| 111 | Public License are Attribution and ShareAlike. |
| 112 | |
| 113 | h. Licensed Material means the artistic or literary work, database, |
| 114 | or other material to which the Licensor applied this Public |
| 115 | License. |
| 116 | |
| 117 | i. Licensed Rights means the rights granted to You subject to the |
| 118 | terms and conditions of this Public License, which are limited to |
| 119 | all Copyright and Similar Rights that apply to Your use of the |
| 120 | Licensed Material and that the Licensor has authority to license. |
| 121 | |
| 122 | j. Licensor means the individual(s) or entity(ies) granting rights |
| 123 | under this Public License. |
| 124 | |
| 125 | k. Share means to provide material to the public by any means or |
| 126 | process that requires permission under the Licensed Rights, such |
| 127 | as reproduction, public display, public performance, distribution, |
| 128 | dissemination, communication, or importation, and to make material |
| 129 | available to the public including in ways that members of the |
| 130 | public may access the material from a place and at a time |
| 131 | individually chosen by them. |
| 132 | |
| 133 | l. Sui Generis Database Rights means rights other than copyright |
| 134 | resulting from Directive 96/9/EC of the European Parliament and of |
| 135 | the Council of 11 March 1996 on the legal protection of databases, |
| 136 | as amended and/or succeeded, as well as other essentially |
| 137 | equivalent rights anywhere in the world. |
| 138 | |
| 139 | m. You means the individual or entity exercising the Licensed Rights |
| 140 | under this Public License. Your has a corresponding meaning. |
| 141 | |
| 142 | |
| 143 | Section 2 -- Scope. |
| 144 | |
| 145 | a. License grant. |
| 146 | |
| 147 | 1. Subject to the terms and conditions of this Public License, |
| 148 | the Licensor hereby grants You a worldwide, royalty-free, |
| 149 | non-sublicensable, non-exclusive, irrevocable license to |
| 150 | exercise the Licensed Rights in the Licensed Material to: |
| 151 | |
| 152 | a. reproduce and Share the Licensed Material, in whole or |
| 153 | in part; and |
| 154 | |
| 155 | b. produce, reproduce, and Share Adapted Material. |
| 156 | |
| 157 | 2. Exceptions and Limitations. For the avoidance of doubt, where |
| 158 | Exceptions and Limitations apply to Your use, this Public |
| 159 | License does not apply, and You do not need to comply with |
| 160 | its terms and conditions. |
| 161 | |
| 162 | 3. Term. The term of this Public License is specified in Section |
| 163 | 6(a). |
| 164 | |
| 165 | 4. Media and formats; technical modifications allowed. The |
| 166 | Licensor authorizes You to exercise the Licensed Rights in |
| 167 | all media and formats whether now known or hereafter created, |
| 168 | and to make technical modifications necessary to do so. The |
| 169 | Licensor waives and/or agrees not to assert any right or |
| 170 | authority to forbid You from making technical modifications |
| 171 | necessary to exercise the Licensed Rights, including |
| 172 | technical modifications necessary to circumvent Effective |
| 173 | Technological Measures. For purposes of this Public License, |
| 174 | simply making modifications authorized by this Section 2(a) |
| 175 | (4) never produces Adapted Material. |
| 176 | |
| 177 | 5. Downstream recipients. |
| 178 | |
| 179 | a. Offer from the Licensor -- Licensed Material. Every |
| 180 | recipient of the Licensed Material automatically |
| 181 | receives an offer from the Licensor to exercise the |
| 182 | Licensed Rights under the terms and conditions of this |
| 183 | Public License. |
| 184 | |
| 185 | b. Additional offer from the Licensor -- Adapted Material. |
| 186 | Every recipient of Adapted Material from You |
| 187 | automatically receives an offer from the Licensor to |
| 188 | exercise the Licensed Rights in the Adapted Material |
| 189 | under the conditions of the Adapter's License You apply. |
| 190 | |
| 191 | c. No downstream restrictions. You may not offer or impose |
| 192 | any additional or different terms or conditions on, or |
| 193 | apply any Effective Technological Measures to, the |
| 194 | Licensed Material if doing so restricts exercise of the |
| 195 | Licensed Rights by any recipient of the Licensed |
| 196 | Material. |
| 197 | |
| 198 | 6. No endorsement. Nothing in this Public License constitutes or |
| 199 | may be construed as permission to assert or imply that You |
| 200 | are, or that Your use of the Licensed Material is, connected |
| 201 | with, or sponsored, endorsed, or granted official status by, |
| 202 | the Licensor or others designated to receive attribution as |
| 203 | provided in Section 3(a)(1)(A)(i). |
| 204 | |
| 205 | b. Other rights. |
| 206 | |
| 207 | 1. Moral rights, such as the right of integrity, are not |
| 208 | licensed under this Public License, nor are publicity, |
| 209 | privacy, and/or other similar personality rights; however, to |
| 210 | the extent possible, the Licensor waives and/or agrees not to |
| 211 | assert any such rights held by the Licensor to the limited |
| 212 | extent necessary to allow You to exercise the Licensed |
| 213 | Rights, but not otherwise. |
| 214 | |
| 215 | 2. Patent and trademark rights are not licensed under this |
| 216 | Public License. |
| 217 | |
| 218 | 3. To the extent possible, the Licensor waives any right to |
| 219 | collect royalties from You for the exercise of the Licensed |
| 220 | Rights, whether directly or through a collecting society |
| 221 | under any voluntary or waivable statutory or compulsory |
| 222 | licensing scheme. In all other cases the Licensor expressly |
| 223 | reserves any right to collect such royalties. |
| 224 | |
| 225 | |
| 226 | Section 3 -- License Conditions. |
| 227 | |
| 228 | Your exercise of the Licensed Rights is expressly made subject to the |
| 229 | following conditions. |
| 230 | |
| 231 | a. Attribution. |
| 232 | |
| 233 | 1. If You Share the Licensed Material (including in modified |
| 234 | form), You must: |
| 235 | |
| 236 | a. retain the following if it is supplied by the Licensor |
| 237 | with the Licensed Material: |
| 238 | |
| 239 | i. identification of the creator(s) of the Licensed |
| 240 | Material and any others designated to receive |
| 241 | attribution, in any reasonable manner requested by |
| 242 | the Licensor (including by pseudonym if |
| 243 | designated); |
| 244 | |
| 245 | ii. a copyright notice; |
| 246 | |
| 247 | iii. a notice that refers to this Public License; |
| 248 | |
| 249 | iv. a notice that refers to the disclaimer of |
| 250 | warranties; |
| 251 | |
| 252 | v. a URI or hyperlink to the Licensed Material to the |
| 253 | extent reasonably practicable; |
| 254 | |
| 255 | b. indicate if You modified the Licensed Material and |
| 256 | retain an indication of any previous modifications; and |
| 257 | |
| 258 | c. indicate the Licensed Material is licensed under this |
| 259 | Public License, and include the text of, or the URI or |
| 260 | hyperlink to, this Public License. |
| 261 | |
| 262 | 2. You may satisfy the conditions in Section 3(a)(1) in any |
| 263 | reasonable manner based on the medium, means, and context in |
| 264 | which You Share the Licensed Material. For example, it may be |
| 265 | reasonable to satisfy the conditions by providing a URI or |
| 266 | hyperlink to a resource that includes the required |
| 267 | information. |
| 268 | |
| 269 | 3. If requested by the Licensor, You must remove any of the |
| 270 | information required by Section 3(a)(1)(A) to the extent |
| 271 | reasonably practicable. |
| 272 | |
| 273 | b. ShareAlike. |
| 274 | |
| 275 | In addition to the conditions in Section 3(a), if You Share |
| 276 | Adapted Material You produce, the following conditions also apply. |
| 277 | |
| 278 | 1. The Adapter's License You apply must be a Creative Commons |
| 279 | license with the same License Elements, this version or |
| 280 | later, or a BY-SA Compatible License. |
| 281 | |
| 282 | 2. You must include the text of, or the URI or hyperlink to, the |
| 283 | Adapter's License You apply. You may satisfy this condition |
| 284 | in any reasonable manner based on the medium, means, and |
| 285 | context in which You Share Adapted Material. |
| 286 | |
| 287 | 3. You may not offer or impose any additional or different terms |
| 288 | or conditions on, or apply any Effective Technological |
| 289 | Measures to, Adapted Material that restrict exercise of the |
| 290 | rights granted under the Adapter's License You apply. |
| 291 | |
| 292 | |
| 293 | Section 4 -- Sui Generis Database Rights. |
| 294 | |
| 295 | Where the Licensed Rights include Sui Generis Database Rights that |
| 296 | apply to Your use of the Licensed Material: |
| 297 | |
| 298 | a. for the avoidance of doubt, Section 2(a)(1) grants You the right |
| 299 | to extract, reuse, reproduce, and Share all or a substantial |
| 300 | portion of the contents of the database; |
| 301 | |
| 302 | b. if You include all or a substantial portion of the database |
| 303 | contents in a database in which You have Sui Generis Database |
| 304 | Rights, then the database in which You have Sui Generis Database |
| 305 | Rights (but not its individual contents) is Adapted Material, |
| 306 | |
| 307 | including for purposes of Section 3(b); and |
| 308 | c. You must comply with the conditions in Section 3(a) if You Share |
| 309 | all or a substantial portion of the contents of the database. |
| 310 | |
| 311 | For the avoidance of doubt, this Section 4 supplements and does not |
| 312 | replace Your obligations under this Public License where the Licensed |
| 313 | Rights include other Copyright and Similar Rights. |
| 314 | |
| 315 | |
| 316 | Section 5 -- Disclaimer of Warranties and Limitation of Liability. |
| 317 | |
| 318 | a. UNLESS OTHERWISE SEPARATELY UNDERTAKEN BY THE LICENSOR, TO THE |
| 319 | EXTENT POSSIBLE, THE LICENSOR OFFERS THE LICENSED MATERIAL AS-IS |
| 320 | AND AS-AVAILABLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF |
| 321 | ANY KIND CONCERNING THE LICENSED MATERIAL, WHETHER EXPRESS, |
| 322 | IMPLIED, STATUTORY, OR OTHER. THIS INCLUDES, WITHOUT LIMITATION, |
| 323 | WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR |
| 324 | PURPOSE, NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS, |
| 325 | ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT |
| 326 | KNOWN OR DISCOVERABLE. WHERE DISCLAIMERS OF WARRANTIES ARE NOT |
| 327 | ALLOWED IN FULL OR IN PART, THIS DISCLAIMER MAY NOT APPLY TO YOU. |
| 328 | |
| 329 | b. TO THE EXTENT POSSIBLE, IN NO EVENT WILL THE LICENSOR BE LIABLE |
| 330 | TO YOU ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, |
| 331 | NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT, |
| 332 | INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER LOSSES, |
| 333 | COSTS, EXPENSES, OR DAMAGES ARISING OUT OF THIS PUBLIC LICENSE OR |
| 334 | USE OF THE LICENSED MATERIAL, EVEN IF THE LICENSOR HAS BEEN |
| 335 | ADVISED OF THE POSSIBILITY OF SUCH LOSSES, COSTS, EXPENSES, OR |
| 336 | DAMAGES. WHERE A LIMITATION OF LIABILITY IS NOT ALLOWED IN FULL OR |
| 337 | IN PART, THIS LIMITATION MAY NOT APPLY TO YOU. |
| 338 | |
| 339 | c. The disclaimer of warranties and limitation of liability provided |
| 340 | above shall be interpreted in a manner that, to the extent |
| 341 | possible, most closely approximates an absolute disclaimer and |
| 342 | waiver of all liability. |
| 343 | |
| 344 | |
| 345 | Section 6 -- Term and Termination. |
| 346 | |
| 347 | a. This Public License applies for the term of the Copyright and |
| 348 | Similar Rights licensed here. However, if You fail to comply with |
| 349 | this Public License, then Your rights under this Public License |
| 350 | terminate automatically. |
| 351 | |
| 352 | b. Where Your right to use the Licensed Material has terminated under |
| 353 | Section 6(a), it reinstates: |
| 354 | |
| 355 | 1. automatically as of the date the violation is cured, provided |
| 356 | it is cured within 30 days of Your discovery of the |
| 357 | violation; or |
| 358 | |
| 359 | 2. upon express reinstatement by the Licensor. |
| 360 | |
| 361 | For the avoidance of doubt, this Section 6(b) does not affect any |
| 362 | right the Licensor may have to seek remedies for Your violations |
| 363 | of this Public License. |
| 364 | |
| 365 | c. For the avoidance of doubt, the Licensor may also offer the |
| 366 | Licensed Material under separate terms or conditions or stop |
| 367 | distributing the Licensed Material at any time; however, doing so |
| 368 | will not terminate this Public License. |
| 369 | |
| 370 | d. Sections 1, 5, 6, 7, and 8 survive termination of this Public |
| 371 | License. |
| 372 | |
| 373 | |
| 374 | Section 7 -- Other Terms and Conditions. |
| 375 | |
| 376 | a. The Licensor shall not be bound by any additional or different |
| 377 | terms or conditions communicated by You unless expressly agreed. |
| 378 | |
| 379 | b. Any arrangements, understandings, or agreements regarding the |
| 380 | Licensed Material not stated herein are separate from and |
| 381 | independent of the terms and conditions of this Public License. |
| 382 | |
| 383 | |
| 384 | Section 8 -- Interpretation. |
| 385 | |
| 386 | a. For the avoidance of doubt, this Public License does not, and |
| 387 | shall not be interpreted to, reduce, limit, restrict, or impose |
| 388 | conditions on any use of the Licensed Material that could lawfully |
| 389 | be made without permission under this Public License. |
| 390 | |
| 391 | b. To the extent possible, if any provision of this Public License is |
| 392 | deemed unenforceable, it shall be automatically reformed to the |
| 393 | minimum extent necessary to make it enforceable. If the provision |
| 394 | cannot be reformed, it shall be severed from this Public License |
| 395 | without affecting the enforceability of the remaining terms and |
| 396 | conditions. |
| 397 | |
| 398 | c. No term or condition of this Public License will be waived and no |
| 399 | failure to comply consented to unless expressly agreed to by the |
| 400 | Licensor. |
| 401 | |
| 402 | d. Nothing in this Public License constitutes or may be interpreted |
| 403 | as a limitation upon, or waiver of, any privileges and immunities |
| 404 | that apply to the Licensor or You, including from the legal |
| 405 | processes of any jurisdiction or authority. |
| 406 | |
| 407 | |
| 408 | ======================================================================= |
| 409 | |
| 410 | Creative Commons is not a party to its public |
| 411 | licenses. Notwithstanding, Creative Commons may elect to apply one of |
| 412 | its public licenses to material it publishes and in those instances |
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| 427 | Creative Commons may be contacted at creativecommons.org. |
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