Creative Commons Legal Code
Attribution-ShareAlike 3.0 Unported
http://creativecommons.org/licenses/by-sa/3.0/legalcode
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE
BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE
CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED
HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
1. Definitions
a. "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.
b. "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(f)
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 assembled into a collective whole. A work
that constitutes a Collection will not be considered an Adaptation (as
defined below) for the purposes of this License.
b. "Creative Commons Compatible License" means a license that is listed at
http://creativecommons.org/compatiblelicenses that has been approved by
Creative Commons as being essentially equivalent to this License,
including, at a minimum, because that license: (i) contains terms that
have the same purpose, meaning and effect as the License Elements of this
License; and, (ii) explicitly permits the relicensing of adaptations of
works made available under that license under this License or a Creative
Commons jurisdiction license with the same License Elements as this
License.
d. "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.
e. "License Elements" means the following high-level license attributes as
selected by Licensor and indicated in the title of this License:
Attribution, ShareAlike.
f. "Licensor" means the individual, individuals, entity or entities that
offer(s) the Work under the terms of this License.
g. "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.
h. "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.
i. "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.
j. "Publicly Perform" means to perform public recitations of the Work and to
communicate to the public those public recitations, by any means or
process, including by wire or wireless means or public digital
performances; to make available to the public Works in such a way that
members of the public may access these Works from a place and at a place
individually chosen by them; to perform the Work to the public by any
means or process and the communication to the public of the performances
of the Work, including by public digital performance; to broadcast and
rebroadcast the Work by any means including signs, sounds or images.
k. "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
exceptions that are provided for in connection with the copyright protection
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:
a. to Reproduce the Work, to incorporate the Work into one or more
Collections, and to Reproduce the Work as incorporated in the Collections;
b. to create and Reproduce Adaptations provided that any such Adaptation,
including any translation in any medium, takes reasonable steps to
clearly label, demarcate or otherwise identify that changes were made to
the original Work. For example, a translation could be marked "The
original work was translated from English to Spanish," or a modification
could indicate "The original work has been modified.";
c. to Distribute and Publicly Perform the Work including as incorporated in
Collections; and,
d. to Distribute and Publicly Perform Adaptations.
e. For the avoidance of doubt:
i. Non-waivable Compulsory License Schemes. In those jurisdictions in
which the right to collect royalties through any statutory or
compulsory licensing scheme cannot be waived, the Licensor reserves
the exclusive right to collect such royalties for any exercise by
You of the rights granted under this License;
ii. Waivable Compulsory License Schemes. In those jurisdictions in
which the right to collect royalties through any statutory or
compulsory licensing scheme can be waived, the Licensor waives the
exclusive right to collect such royalties for any exercise by You
of the rights granted under this License; and,
iii. Voluntary License Schemes. The Licensor waives the right to collect
royalties, whether individually or, in the event that the Licensor
is a member of a collecting society that administers voluntary
licensing schemes, via that society, from any exercise by You of
the rights granted under this License.
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. Subject to Section 8(f), all rights not expressly granted by
Licensor are hereby reserved.
4. Restrictions. The license granted in Section 3 above is expressly made
subject to and limited by the following restrictions:
a. You may Distribute or Publicly Perform the Work only under the terms of
this License. You must include a copy of, or the Uniform Resource
Identifier (URI) for, this License with every copy of the Work You
Distribute or Publicly Perform. You may not offer or impose any terms on
the Work that restrict the terms of this License or the ability of the
recipient of the Work to exercise the rights granted to that recipient
under the terms of the License. You may not sublicense the Work. You must
keep intact all notices that refer to this License and to the disclaimer
of warranties with every copy of the Work You Distribute or Publicly
Perform. When You Distribute or Publicly Perform the Work, You may not
impose any effective technological measures on the Work that restrict
the ability of a recipient of the Work from You to exercise the rights
granted to that recipient under the terms of the License. This Section
4(a) applies to the Work as incorporated in a Collection, but this does
not require the Collection apart from the Work itself to be made subject
to the terms of this License. If You create a Collection, upon notice
from any Licensor You must, to the extent practicable, remove from the
Collection any credit as required by Section 4(c), as requested. If You
create an Adaptation, upon notice from any Licensor You must, to the
extent practicable, remove from the Adaptation any credit as required by
Section 4(c), as requested.
b. You may Distribute or Publicly Perform an Adaptation only under the terms
of: (i) 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-ShareAlike 3.0 US));
(iv) a Creative Commons Compatible License. If you license the Adaptation
under one of the licenses mentioned in (iv), you must comply with the
terms of that license. If you license the Adaptation under the terms of
any of the licenses mentioned in (i), (ii) or (iii) (the "Applicable
License"), you must comply with the terms of the Applicable License
generally and the following provisions: (I) You must include a copy of,
or the URI for, the Applicable License with every copy of each Adaptation
You Distribute or Publicly Perform; (II) 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
granted to that recipient under the terms of the Applicable License;
(III) You must keep intact all notices that refer to the Applicable
License and to the disclaimer of warranties with every copy of the Work
as included in the Adaptation You Distribute or Publicly Perform; (IV)
when You Distribute or Publicly Perform the Adaptation, You may not
impose any effective technological measures on the Adaptation that
restrict the ability of a recipient of the Adaptation from You to
exercise the rights granted to that recipient under the terms of the
Applicable License. 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.
c. If You Distribute, or Publicly Perform the Work or any Adaptations or
Collections, You must, unless a request has been made pursuant to Section
4(a), keep intact all copyright notices for the Work and provide,
reasonable to the medium or means You are utilizing: (i) the name of the
Original Author (or pseudonym, if applicable) if supplied, and/or if the
Original Author and/or Licensor designate another party or parties (e.g.,
a sponsor institute, publishing entity, journal) for attribution
("Attribution Parties") in Licensor's copyright notice, terms of service
or by other reasonable means, the name of such party or parties; (ii) the
title of the Work if supplied; (iii) to the extent reasonably
practicable, the URI, 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 (iv) , consistent with Ssection
3(b), in 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(c) may be implemented in any reasonable
manner; provided, however, that in the case of a Adaptation or
Collection, at a minimum such credit will appear, if a credit for all
contributing authors of the Adaptation or Collection appears, then as
part of these credits and in a manner at least as prominent as the
credits for the other contributing authors. For the avoidance of doubt,
You may only use the credit required by this Section for the purpose of
attribution in the manner set out above and, by exercising Your rights
under this License, You may not implicitly or explicitly assert or imply
any connection with, sponsorship or endorsement by the Original Author,
Licensor and/or Attribution Parties, as appropriate, of You or Your use
of the Work, without the separate, express prior written permission of
the Original Author, Licensor and/or Attribution Parties.
d. 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 either by itself or as part of any Adaptations
or Collections, You must not distort, mutilate, modify or take other
derogatory action in relation to the Work which would be prejudicial to
the Original Author's honor or reputation. Licensor agrees that in those
jurisdictions (e.g. Japan), in which any exercise of the right granted in
Section 3(b) of this License (the right to make Adaptations) would be
deemed to be a distortion, mutilation, modification or other derogatory
action prejudicial to the Original Author's honor and reputation, the
Licensor will waive or not assert, as 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, 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
a. 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 Adaptations or Collections 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.
b. 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
a. Each time You Distribute or Publicly Perform the Work or a Collection,
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.
b. Each time You Distribute or Publicly Perform an Adaptation, 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.
c. 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.
d. 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.
e. 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.
f. The rights granted under, and the subject matter referenced, in this
License were drafted utilizing the terminology of the Berne Convention
for the Protection of Literary and Artistic Works (as amended on
September 28, 1979), the Rome Convention of 1961, the WIPO Copyright
Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and
the Universal Copyright Convention (as revised on July 24, 1971). These
rights and subject matter take effect in the relevant jurisdiction in
which the License terms are sought to be enforced according to the
corresponding provisions of the implementation of those treaty provisions
in the applicable national law. If the standard suite of rights granted
under applicable copyright law includes additional rights not granted
under this License, such additional rights are deemed to be included in
the License; this License is not intended to restrict the license of any
rights under applicable law.