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1. Definitions
1. "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
one or more other contributions, constituting separate and independent works in
themselves, are assembled into a collective whole. A work that constitutes a
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the purposes of this License.
2. "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,
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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
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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.
3. "Licensor" means the individual, individuals, entity or entities that offers
the Work under the terms of this License.
4. "Original Author" means the individual, individuals, entity or entities who
created the Work.
5. "Work" means the copyrightable work of authorship offered under the terms of
this License.
6. "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
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duration of the applicable copyright) license to exercise the rights in the Work
as stated below:
1. 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; and,
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and perform publicly by means of a digital audio transmission the Work including
as incorporated in Collective Works.
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,
but otherwise you have no rights to make Derivative Works. All rights not
expressly granted by Licensor are hereby reserved, including but not limited to
the rights set forth in Sections 4(d) and 4(e).
4. Restrictions.
The license granted in Section 3 above is expressly made subject to and limited
by the following restrictions:
1. 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 restrict the terms of this License or the ability of a 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. When You distribute,
publicly display, publicly perform, or publicly digitally perform the Work, You
may not impose any 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 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 credit as required by
Section 4(c), as requested.
2. You may not exercise any of the rights granted to You in Section 3 above in
any manner that is primarily intended for or directed toward commercial
advantage or private monetary compensation. The exchange of the Work for other
copyrighted works by means of digital file-sharing or otherwise shall not be
considered to be intended for or directed toward commercial advantage or private
monetary compensation, provided there is no payment of any monetary compensation
in connection with the exchange of copyrighted works.
3. If You distribute, publicly display, publicly perform, or publicly digitally
perform the Work (as defined in Section 1 above) or Collective Works (as defined
in Section 1 above), 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 (ii) 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; 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.
The credit required by this Section 4(c) may be implemented in any reasonable
manner; provided, however, that in the case of a Collective Work, at a minimum
such credit will appear, if a credit for all contributing authors of the
Collective Work 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 clause 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.
4. For the avoidance of doubt, where the Work is a musical composition:
1. Performance Royalties Under Blanket Licenses. Licensor reserves the exclusive
right to collect whether individually or, in the event that Licensor is a member
of a performance rights society (e.g. ASCAP, BMI, SESAC), via that society,
royalties for the public performance or public digital performance (e.g.
webcast) of the Work if that performance is primarily intended for or directed
toward commercial advantage or private monetary compensation.
2. Mechanical Rights and Statutory Royalties. Licensor reserves the exclusive
right to collect, whether individually or via a music rights agency or
designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You
create from the Work ("cover version") and distribute, subject to the compulsory
license created by 17 USC Section 115 of the US Copyright Act (or the equivalent
in other jurisdictions), if Your distribution of such cover version is primarily
intended for or directed toward commercial advantage or private monetary
compensation.
5. Webcasting Rights and Statutory Royalties.
For the avoidance of doubt, where the Work is a sound recording, Licensor
reserves the exclusive right to collect, whether individually or via a
performance-rights society (e.g. SoundExchange), royalties for the public
digital performance (e.g. webcast) of the Work, subject to the compulsory
license created by 17 USC Section 114 of the US Copyright Act (or the equivalent
in other jurisdictions), if Your public digital performance is primarily
intended for or directed toward commercial advantage or private monetary
compensation.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS
THE WORK AS-IS AND ONLY TO THE EXTENT OF ANY RIGHTS HELD IN THE LICENSED WORK BY
THE LICENSOR. THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE, MARKETABILITY, 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
1. 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 Collective Works (as defined in Section 1 above) 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.
2. 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
1. Each time You distribute or publicly digitally perform the Work (as defined
in Section 1 above) or a Collective Work (as defined in Section 1 above), 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.
2. 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.
3. 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.
4. 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.