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1. Definitions
- "Adaptation" means a work based upon
the Work, or upon the Work and other pre-existing works,
such as a translation, adaptation, derivative work,
arrangement of music or other alterations of a literary
or artistic work, or phonogram or performance and
includes cinematographic adaptations or any other form in
which the Work may be recast, transformed, or adapted
including in any form recognizably derived from the
original, except that a work that constitutes a
Collection will not be considered an Adaptation for the
purpose of this License. For the avoidance of doubt,
where the Work is a musical work, performance or
phonogram, the synchronization of the Work in
timed-relation with a moving image ("synching") will be
considered an Adaptation for the purpose of this
License.
- "Collection" means a collection of
literary or artistic works, such as encyclopedias and
anthologies, or performances, phonograms or broadcasts,
or other works or subject matter other than works listed
in Section 1(g) below, which, by reason of the selection
and arrangement of their contents, constitute
intellectual creations, in which the Work is included in
its entirety in unmodified form along with one or more
other contributions, each constituting separate and
independent works in themselves, which together are
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constitutes a Collection will not be considered an
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License.
- "Distribute" means to make available
to the public the original and copies of the Work or
Adaptation, as appropriate, through sale or other
transfer of ownership.
- "License Elements" means the
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- "Licensor" means the individual,
individuals, entity or entities that offer(s) the Work
under the terms of this License.
- "Original Author" means, in the case
of a literary or artistic work, the individual,
individuals, entity or entities who created the Work or
if no individual or entity can be identified, the
publisher; and in addition (i) in the case of a
performance the actors, singers, musicians, dancers, and
other persons who act, sing, deliver, declaim, play in,
interpret or otherwise perform literary or artistic works
or expressions of folklore; (ii) in the case of a
phonogram the producer being the person or legal entity
who first fixes the sounds of a performance or other
sounds; and, (iii) in the case of broadcasts, the
organization that transmits the broadcast.
- "Work" means the literary and/or
artistic work offered under the terms of this License
including without limitation any production in the
literary, scientific and artistic domain, whatever may be
the mode or form of its expression including digital
form, such as a book, pamphlet and other writing; a
lecture, address, sermon or other work of the same
nature; a dramatic or dramatico-musical work; a
choreographic work or entertainment in dumb show; a
musical composition with or without words; a
cinematographic work to which are assimilated works
expressed by a process analogous to cinematography; a
work of drawing, painting, architecture, sculpture,
engraving or lithography; a photographic work to which
are assimilated works expressed by a process analogous to
photography; a work of applied art; an illustration, map,
plan, sketch or three-dimensional work relative to
geography, topography, architecture or science; a
performance; a broadcast; a phonogram; a compilation of
data to the extent it is protected as a copyrightable
work; or a work performed by a variety or circus
performer to the extent it is not otherwise considered a
literary or artistic work.
- "You" means an individual or entity
exercising rights under this License who has not
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respect to the Work, or who has received express
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- "Reproduce" means to make copies of
the Work by any means including without limitation by
sound or visual recordings and the right of fixation and
reproducing fixations of the Work, including storage of a
protected performance or phonogram in digital form or
other electronic medium.
2. Fair Dealing Rights. Nothing in this
License is intended to reduce, limit, or restrict any uses
free from copyright or rights arising from limitations or
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3. License Grant. Subject to the terms
and conditions of this License, Licensor hereby grants You
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the duration of the applicable copyright) license to
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- to Reproduce the Work, to incorporate the Work into
one or more Collections, and to Reproduce the Work as
incorporated in the Collections;
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takes reasonable steps to clearly label, demarcate or
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original work was translated from English to Spanish," or
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modified.";
- to Distribute and Publicly Perform the Work including
as incorporated in Collections; and,
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The above rights may be exercised in all media and
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of, or the Uniform Resource Identifier (URI) for, this
License with every copy of the Work You Distribute or
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not require the Collection apart from the Work itself to
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requested. If You create an Adaptation, upon notice from
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4(d), as requested.
- You may Distribute or Publicly Perform an Adaptation
only under: (i) the terms of this License; (ii) a later
version of this License with the same License Elements as
this License; (iii) a Creative Commons jurisdiction
license (either this or a later license version) that
contains the same License Elements as this License (e.g.,
Attribution-NonCommercial-ShareAlike 3.0 US) ("Applicable
License"). You must include a copy of, or the URI, for
Applicable License with every copy of each Adaptation You
Distribute or Publicly Perform. You may not offer or
impose any terms on the Adaptation that restrict the
terms of the Applicable License or the ability of the
recipient of the Adaptation to exercise the rights
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Adaptation You Distribute or Publicly Perform. When You
Distribute or Publicly Perform the Adaptation, You may
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Adaptation that restrict the ability of a recipient of
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This Section 4(b) applies to the Adaptation as
incorporated in a Collection, but this does not require
the Collection apart from the Adaptation itself to be
made subject to the terms of the Applicable License.
- You may not exercise any of the rights granted to You
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the name of the Original Author (or pseudonym, if
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be associated with the Work, unless such URI does not
refer to the copyright notice or licensing information
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the case of an Adaptation, a credit identifying the use
of the Work in the Adaptation (e.g., "French translation
of the Work by Original Author," or "Screenplay based on
original Work by Original Author"). The credit required
by this Section 4(d) may be implemented in any reasonable
manner; provided, however, that in the case of a
Adaptation or Collection, at a minimum such credit will
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Parties.
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Licensor reserves the exclusive right to collect such
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than noncommercial as permitted under Section 4(c)
and otherwise waives the right to collect royalties
through any statutory or compulsory licensing scheme;
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- Voluntary License Schemes. The
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permitted under Section 4(c).
- Except as otherwise agreed in writing by the Licensor
or as may be otherwise permitted by applicable law, if
You Reproduce, Distribute or Publicly Perform the Work
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right granted in Section 3(b) of this License (the right
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appropriate, this Section, to the fullest extent
permitted by the applicable national law, to enable You
to reasonably exercise Your right under Section 3(b) of
this License (right to make Adaptations) but not
otherwise.
5. Representations, Warranties and
Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN
WRITING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO
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8. Miscellaneous
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or a Collection, the Licensor offers to the recipient a
license to the Work on the same terms and conditions as
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the original Work on the same terms and conditions as the
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