394 lines
19 KiB
Markdown
394 lines
19 KiB
Markdown
Creative Commons Legal Code
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CC BY-NC-SA 4.0
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Attribution-NonCommercial-ShareAlike 4.0 International
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=======================================================================
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Creative Commons Corporation ("Creative Commons") is not a law firm and
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does not provide legal services or legal advice. Distribution of
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Creative Commons public licenses does not create a lawyer-client or
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other relationship. Creative Commons makes its licenses and related
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information available on an "as-is" basis. Creative Commons gives no
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warranties regarding its licenses, any material licensed under their
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terms and conditions, or any related information. Creative Commons
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disclaims all liability for damages resulting from their use to the
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fullest extent possible.
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By exercising the Licensed Rights (defined below), You accept and agree
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to be bound by the terms and conditions of this Creative Commons
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Attribution-NonCommercial-ShareAlike 4.0 International Public License
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("Public License"). To the extent this Public License may be interpreted as
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a contract, You are granted the Licensed Rights in consideration of Your
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acceptance of these terms and conditions, and the Licensor grants You
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such rights in consideration of benefits the Licensor receives from
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making the Licensed Material available under these terms and
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conditions.
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Section 1 -- Definitions.
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a. Adapted Material means material subject to Copyright and Similar
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Rights that is derived from or based upon the Licensed Material
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and in which the Licensed Material is translated, altered,
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arranged, transformed, or otherwise modified in a manner requiring
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permission under the Copyright and Similar Rights held by the
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Licensor. For purposes of this Public License, where the Licensed
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Material is a musical work, performance, or sound recording,
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Adapted Material is always produced where the Licensed Material is
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synched in timed relation with a moving image.
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b. Adapter's License means the license You apply to Your Copyright and
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Similar Rights in Your contributions to Adapted Material in
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accordance with the terms and conditions of this Public License.
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c. BY-NC-SA Compatible License means a license listed at
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creativecommons.org/compatiblelicenses, approved by Creative
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Commons as essentially the equivalent of this Public License.
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d. Copyright and Similar Rights means copyright and/or similar rights
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closely related to copyright including, without limitation, performance,
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broadcast, sound recording, and Sui Generis Database Rights, without
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regard to how the rights are labeled or categorized. For purposes of
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this Public License, the rights specified in Section 2(b)(1)-(2) are
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not Copyright and Similar Rights.
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e. Effective Technological Measures means those measures that, in the
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absence of proper authority, may not be circumvented under laws
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fulfilling obligations under Article 11 of the WIPO Copyright Treaty
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adopted on December 20, 1996, and/or similar international agreements.
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f. Exceptions and Limitations means fair use, fair dealing, and/or any
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other exception or limitation to Copyright and Similar Rights that
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apply to Your use of the Licensed Material.
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g. Licensed Material means the artistic or literary work, database, or
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other material to which the Licensor applied this Public License.
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h. Licensed Rights means the rights granted to You subject to the
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terms and conditions of this Public License, which have as their
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object the Licensed Material and which include all Copyright and
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Similar Rights that apply to Your use of the Licensed Material and
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that the Licensor has authority to license.
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i. Licensor means the individual(s) or entity(ies) granting rights
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under this Public License.
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j. NonCommercial means not primarily intended for or directed towards
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commercial advantage or monetary compensation. For purposes of
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this Public License, the exchange of the Licensed Material for a
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fee or other remuneration is considered NonCommercial if the fee or
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remuneration is solely intended to compensate the Licensor for the
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Licensor's time and effort in producing the Licensed Material or to
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provide a financial contribution to the Licensor's non-commercial
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operations, and the exchange is separate and independent from the
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Licensed Material such that the Licensor's commercial operations are
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not enhanced by the exchange.
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k. Original Work means the work to which the Licensor applied this
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Public License.
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l. Share means to provide material to the public by any means or
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process that requires permission under the Licensed Rights, such as
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reproduction, public display, public performance, distribution,
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dissemination, communication, or importation, and to make material
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available to the public including in ways that members of the public
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may access the material from a place and at a time individually chosen
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by them.
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m. Shared with You means the Licensed Material has been provided to
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You by the Licensor, or by a recipient of the Licensed Material from
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the Licensor, under this Public License.
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n. Sui Generis Database Rights means rights other than copyright
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resulting from Directive 96/9/EC of the European Parliament and of the
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Council of 11 March 1996 on the legal protection of databases, as
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amended and/or succeeded, as well as other essentially equivalent rights
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anywhere in the world.
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o. This Public License does not apply to Sui Generis Database Rights to
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the extent they do not fall under Section 2(a)(5).
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p. You means the individual or entity exercising the Licensed Rights
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under this Public License. Your has a corresponding meaning in the
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context of Your acting as the Licensor.
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Section 2 -- Scope.
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a. License grant.
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1. Subject to the terms and conditions of this Public License, the
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Licensor hereby grants You a worldwide, royalty-free, non-sublicensable,
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non-exclusive, irrevocable license to exercise the Licensed Rights in
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the Licensed Material to:
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a. reproduce and Share the Licensed Material, in whole or in part;
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b. create and reproduce Adapted Material and Share Adapted Material.
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2. Exceptions and Limitations. For the avoidance of doubt, where
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Exceptions and Limitations apply to Your use, this Public License
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does not apply, and You do not need to comply with its terms and
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conditions.
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3. Term. The term of this Public License is specified in Section 6(a).
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4. Media and formats; technical modifications allowed. The Licensor
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authorizes You to exercise the Licensed Rights in all media and
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formats whether now known or hereafter created, and to make technical
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modifications necessary to do so. The Licensor waives and/or agrees
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not to assert any right or authority to forbid You from making
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technical modifications necessary to exercise the Licensed Rights,
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including technical modifications necessary to circumvent Effective
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Technological Measures. For purposes of this Public License, simply as a
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consequence of modifying the Licensed Material, You do not become a
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Licensor of the Licensed Material, and the Adapted Material You create
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is not subject to the terms and conditions of this Public License.
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5. Downstream recipients.
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a. Offer from the Licensor -- Licensed Material: The Licensor
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offers to the recipient of Licensed Material a license to the
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Licensed Material on the same terms and conditions as granted
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to You under this Public License.
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b. Additional offer from the Licensor -- Adapted Material: The
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Licensor offers to the recipient of Adapted Material a license
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to the Adapted Material on the terms and conditions of the
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Adapter's License You apply to Your Adapted Material.
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c. No downstream restrictions. You may not offer or impose any
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additional or different terms or conditions on, or apply any
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Effective Technological Measures to, the Licensed Material if doing
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so restricts exercise of the Licensed Rights by any recipient of
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the Licensed Material.
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b. No endorsement. Nothing in this Public License constitutes or may be
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construed as permission to assert or imply that You are, or that Your
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use of the Licensed Material is, connected with, or sponsored by, the
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Licensor, or any other person.
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c. Fair use; other user rights. Nothing in this Public License is intended
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to reduce, limit, or restrict any uses free from copyright or rights
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arising from limitations or exceptions that are provided for in
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connection with the copyright and other similar rights applicable to
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the particular use or which cannot be waived.
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d. Patent and trademark notice. This Public License does not grant
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permission to use the trade name, trademark, service mark, or similar
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branding of the Licensor, except as required for reasonable and customary
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notice of attribution when You engage in the reproduction or distribution
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of the Licensed Material. This Public License does not grant permission to
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use the patent rights of the Licensor.
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Section 3 -- License Conditions.
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Your exercise of the Licensed Rights is expressly made subject to the
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following conditions:
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a. Attribution.
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1. If You Share the Licensed Material (including in modified form), You
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must:
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a. retain the following if it is supplied by the Licensor with the
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Licensed Material:
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i. identification of the creator(s) of the Licensed Material and
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any others designated to receive attribution, in any reasonable
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manner requested by the Licensor (including by pseudonym if
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designated);
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ii. a copyright notice;
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iii. a notice that refers to this Public License;
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iv. a notice that refers to the disclaimer of warranties;
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v. a URI or hyperlink to the Licensed Material to the extent
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reasonably practicable;
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b. indicate if You modified the Licensed Material and retain an
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indication of any previous modifications; and
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c. indicate the Licensed Material is licensed under this Public
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License, and include the text of, or the URI or hyperlink to, this
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Public License.
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2. You may satisfy the conditions in Section 3(a)(1) in any reasonable
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manner based on the medium, means, and context in which You Share the
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Licensed Material. For example, it may be reasonable to satisfy the
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conditions by providing a URI or hyperlink to a resource that includes
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the required information.
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3. If requested by the Licensor, You must remove any of the information
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required by Section 3(a)(1)(A) to the extent reasonably practicable.
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b. NonCommercial.
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You may not exercise the Licensed Rights for Commercial Purposes.
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c. ShareAlike.
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In addition to the conditions in Section 3(a) and (b), if You Share
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Adapted Material You produce, the following conditions also apply:
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1. The Adapter's License You apply must be a BY-NC-SA Compatible License
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with terms that are equivalent to this Public License.
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2. You must include the text of, or the URI or hyperlink to, the
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Adapter's License You apply. You may satisfy this condition in any
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reasonable manner based on the medium, means, and context in which You
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Share Adapted Material.
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3. You may not offer or impose any additional or different terms or
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conditions on, or apply any Effective Technological Measures to,
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Adapted Material that restrict exercise of the rights granted under
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the Adapter's License You apply.
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Section 4 -- Sui Generis Database Rights.
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Where the Licensed Rights include Sui Generis Database Rights that apply to
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Your use of the Licensed Material:
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a. for the avoidance of doubt, Section 2(a)(1) grants You the right to
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extract, reuse, reproduce, and Share all or a substantial portion of the
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contents of the database for NonCommercial purposes only;
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b. if You include all or a substantial portion of the database contents in
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Adapted Material, You must comply with the conditions in Section
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3(a) and (c) of this Public License.
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Section 5 -- Disclaimer of Warranties and Limitation of Liability.
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a. UNLESS OTHERWISE SEPARATELY UNDERTAKEN BY THE LICENSOR, TO THE EXTENT
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POSSIBLE, THE LICENSOR OFFERS THE LICENSED MATERIAL AS-IS AND AS-AVAILABLE,
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AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED,
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STATUTORY OR OTHERWISE, AND DISCLAIMS ALL RESPONSIBILITY FOR ANY HARM OR
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DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE LICENSED MATERIAL OR
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THIS PUBLIC LICENSE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF
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INCOME, PROFITS, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS, OR FOR
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ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY
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DAMAGES, WHETHER ARISING UNDER CONTRACT, STRICT LIABILITY, OR TORT
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(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY FROM THE USE OF THE
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LICENSED MATERIAL, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES.
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b. WHERE THE LICENSED RIGHTS INCLUDE SUI GENERIS DATABASE RIGHTS THAT
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APPLY TO YOUR USE OF THE LICENSED MATERIAL, THE LICENSOR MAKES NO
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REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
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AS TO THE DATA INCLUDED IN THE LICENSED MATERIAL; THE LICENSOR MAKES NO
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REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE
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DATA; THE LICENSOR DISCLAIMS ALL LIABILITY FOR ANY HARM OR DAMAGE ARISING
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OUT OF INACCURACIES OR OMITTIONS IN THE DATA; AND THE LICENSOR MAKES NO
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COMMITMENT TO CONTINUE TO SUPPLY, MAINTAIN, OR CORRECT THE DATA.
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c. OTHER THAN AS EXPRESSLY AGREED TO BY THE PARTIES IN WRITING, THE LICENSOR
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PROVIDES THE LICENSED MATERIAL ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND
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WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
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INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY,
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OR FITNESS FOR A PARTICULAR PURPOSE. YOU BEAR THE SOLE RISK OF DETERMINING
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WHETHER THE LICENSED MATERIAL IS SUITABLE FOR YOUR PURPOSES AND OF THE
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CONSEQUENCES OF USING THE LICENSED MATERIAL. IN ALL CIRCUMSTANCES, UNLESS
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OTHERWISE AGREED IN WRITING, THE LICENSOR SHALL NOT BE LIABLE TO YOU OR
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TO ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION SPECIAL OR
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CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY
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DIRECT, INDIRECT, PUNITIVE, OR INCIDENTAL DAMAGES ARISING OUT OF THIS
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PUBLIC LICENSE OR THE LICENSED MATERIAL, EVEN IF THE LICENSOR HAS BEEN
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ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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d. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL THE
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LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY (INCLUDING, WITHOUT
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LIMITATION, NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT,
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INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT
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LIMITATION DAMAGES FOR LOSS OF PROFITS, DATA, OR GOODWILL, EVEN IF THE
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LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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Section 6 -- Term and Termination.
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a. This Public License applies for the duration of any applicable
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copyright and Similar Rights licensed here under. However, if You
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violate this Public License, the Licensor's grant of rights to You
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under this Public License terminates automatically.
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b. Where Your right to use the Licensed Material has terminated under
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Section 6(a), it reinstates:
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1. automatically as of the date the violation is cured, provided it is
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cured within 30 days of Your discovery of the violation; or
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2. upon express reinstatement by the Licensor.
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For the avoidance of doubt, this Section 6(b) does not affect any right
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the Licensor may have to seek remedies for Your violation of this Public
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License.
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c. For the avoidance of doubt, the Licensor may also terminate this Public
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License for all uses of the Licensed Material by You if You fail to
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comply with the Licensor's requirement to remove a reference to the
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Licensor or attribution information, as requested under Section
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3(a)(1)(A)(v), from any cue or companion material to the Licensed
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Material.
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d. Who may terminate this Public License? Only the Licensor or an
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individual or entity authorized to act on behalf of the Licensor.
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Section 7 -- Other Rights.
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a. Moral rights, such as the right of integrity, are not licensed under
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this Public License, nor are publicity, privacy, and/or other similar
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personality rights; however, to the extent possible, the Licensor waives
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and/or agrees not to assert any such rights held by the Licensor to the
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extent necessary to allow You to exercise the Licensed Rights, but not
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otherwise.
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b. Patent rights. This Public License does not grant permissions to use,
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sell, or license patent claims or patented inventions in any work
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based on the Licensed Material, and the Licensor reserves all patent and
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similar rights in the Licensed Material.
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c. Trademark rights. This Public License does not grant permissions to
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use the trade name, trademark, service mark, or other similar branding
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of the Licensor, except as required for reasonable and customary use in
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describing the origin of the Licensed Material and describing the use
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of the Licensed Material, including Modified Versions of You.
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d. No additional restrictions. You may not impose any technological
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restrictions or attempt to impose technological restrictions through legal
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or other means that restrict other Users from exercising the Licensed
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Rights.
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Section 8 -- Interpretation.
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a. For the avoidance of doubt, this Public License does not, and shall be
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interpreted not to, create or imply any grant of patent or trademark
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rights to You.
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b. This Public License does not address the permissions and restrictions
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that apply to Private Rights or Other Rights, as such terms are defined
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under Section 2(a)(4).
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c. No waiver. Any failure by the Licensor to comply with a term or
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condition of this Public License or to seek remedies for violation of
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this Public License does not constitute a waiver of the Licensor's
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right to enforce that term, condition, or remedy.
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d. Severability. If any provision of this Public License is invalid or
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unenforceable under applicable law, it shall not affect the validity or
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enforceability of the remainder of the terms and conditions of this
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Public License without that provision.
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e. No surrender of rights. This Public License does not require You or any
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User to surrender any rights, including moral rights or copyright,
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they may have in the Licensed Material or Adapted Material.
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f. All rights not explicitly granted. Any use of the Licensed Material
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not expressly permitted by this Public License is reserved and
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prohibited.
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