Developing Nations 2.0
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1. Definitions
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"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 contributions,
constituting separate and independent works in themselves, are
assembled into a collective whole. A work that constitutes a Collective
Work will not be considered a Derivative Work (as defined below) for
the purposes of this License.
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"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.
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"Developing Nation" means any nation that is not classified as a "high-income enconomy" by the World Bank.
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"Licensor" means the individual or entity that offers the Work under the terms of this License.
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"Original Author" means the individual or entity who created the Work.
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"Work" means the copyrightable work of authorship offered under the terms of this License.
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"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 or subject to Section 7(a)) license to exercise
the rights in the Work, in any Developing Nation, solely within the
geographic territory of one or more Developing Nations, as stated
below:
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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;
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to create and reproduce Derivative 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;
- to distribute copies or phonorecords of, display publicly, perform
publicly, and perform publicly by means of a digital audio transmission
Derivative Works;
For the avoidance of doubt, where the work is a musical composition:
- Performance Royalties Under Blanket Licenses.
Licensor waives the exclusive right to collect, whether individually or
via a performance rights society, royalties for the public performance
or public digital performance (e.g. webcast) of the Work.
- Mechanical Rights and Statutory Royalties.
Licensor waives the exclusive right to collect, whether individually or
via a music rights agency or designated agent, royalties for any
phonorecord You create from the Work ("cover version") and distribute,
subject to any compulsory license that may apply.
- Webcasting Rights and Statutory Royalties. For the
avoidance of doubt, where the Work is a sound recording, Licensor
waives the exclusive right to collect, whether individually or via a
performance-rights society, royalties for the public digital
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license that may apply.
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. All rights not expressly granted by
Licensor are hereby reserved, including but not limited to the rights
and restrictions described in Section 4.
4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
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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 publicly digitally perform. You
may not offer or impose any terms on the Work that alter or restrict
the terms of this License or the recipients' exercise of the rights
granted hereunder. You may not sublicense the Work. You must keep
intact all notices that refer to this License and to the disclaimer of
warranties. You may not distribute, publicly display, publicly perform,
or publicly digitally perform the Work with any technological measures
that control access or use of the Work in 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. If You create a Derivative Work, upon notice from any
Licensor You must, to the extent practicable, remove from the
Derivative Work any reference to such Licensor or the Original Author,
as requested.
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If you distribute, publicly display, publicly perform, or publicly
digitally perform the Work or any Derivative Works or Collective Works,
You must keep intact all copyright notices for the Work and give the
Original Author credit reasonable to the medium or means You are
utilizing by conveying the name (or pseudonym if applicable) of the
Original Author if supplied; the title of the Work if supplied; to the
extent reasonably practicable, the Uniform Resource Identifier, if any,
that Licensor specifies to be associated with the Work, unless such URI
does not refer to the copyright notice or licensing information for the
Work; and, in the case of a Derivative Work, a credit identifying the
use of the Work in the Derivative Work (e.g., "French translation of
the Work by Original Author," or "Screenplay based on original Work by
Original Author"). Such credit may be implemented in any reasonable
manner; provided, however, that in the case of a Derivative Work or
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 authorship credit.
- The Work and any Derivative Works and Collective Works may only be
exported to other Developing Nations, but may not be exported to
countries classified as "high income" by the World Bank.
- This License does not authorize making the Work, any Derivative
Works or any Collective Works publicly available on the Internet unless
reasonable measures are undertaken to verify that the recipient is
located in a Developing Nation, such as by requiring recipients to
provide name and postal mailing address, or by limiting the
distribution of the Work to Internet IP addresses within a Developing
Nation.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO 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
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This License and the rights granted hereunder will terminate
automatically upon (i) any breach by You of the terms of this License
or (ii) if any Developing Nation in which the Work is used, exported or
distributed ceases at any time to qualify as a Developing Nation, in
which case this License will automatically terminate with respect to
such country five (5) years after the date of such re-classification;
provided that You will not be liable for copyright infringement unless
and until You continue to exercise such rights after You have actual
knowledge of the termination of this License for such country.
Individuals or entities who have received Derivative Works or
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.
- Each time You distribute or publicly digitally perform a Derivative
Work, Licensor offers to the recipient a license to the original 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.
Deed
You are free:
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to Share — to copy, distribute and transmit the work
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to Remix — to adapt the work
Under the following conditions: