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393 lines
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393 lines
19 KiB
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<?xml version="1.0" encoding="utf-8"?>
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<!-- $Revision$ -->
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<!-- DO NOT TRANSLATE THIS FILE -->
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<appendix xml:id="cc.license" xmlns="http://docbook.org/ns/docbook" xmlns:xlink="http://www.w3.org/1999/xlink">
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<title>Creative Commons Attribution 3.0</title>
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<simpara>
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC
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LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER
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APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR
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COPYRIGHT LAW IS PROHIBITED.
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</simpara>
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<simpara>
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY
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THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A
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CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR
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ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
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</simpara>
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<simpara><emphasis>1. Definitions</emphasis></simpara>
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<orderedlist numeration="loweralpha">
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<listitem>
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<simpara>
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<emphasis>"Adaptation"</emphasis> means a work based upon the Work, or upon the Work
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and other pre-existing works, such as a translation, adaptation, derivative work,
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arrangement of music or other alterations of a literary or artistic work, or phonogram
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or performance and includes cinematographic adaptations or any other form in which the
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Work may be recast, transformed, or adapted including in any form recognizably derived
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from the original, except that a work that constitutes a Collection will not be
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considered an Adaptation for the purpose of this License. For the avoidance of doubt,
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where the Work is a musical work, performance or phonogram, the synchronization of the
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Work in timed-relation with a moving image ("synching") will be considered an
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Adaptation for the purpose of this License.
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</simpara>
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</listitem>
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<listitem>
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<simpara>
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<emphasis>"Collection"</emphasis> means a collection of literary or artistic works,
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such as encyclopedias and anthologies, or performances, phonograms or broadcasts, or
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other works or subject matter other than works listed in Section 1(f) below, which, by
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reason of the selection and arrangement of their contents, constitute intellectual
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creations, in which the Work is included in its entirety in unmodified form along with
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one or more other contributions, each constituting separate and independent works in
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themselves, which together are assembled into a collective whole. A work that
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constitutes a Collection will not be considered an Adaptation (as defined above) for
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the purposes of this License.
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</simpara>
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</listitem>
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<listitem>
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<simpara>
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<emphasis>"Distribute"</emphasis> means to make available to the public the original
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and copies of the Work or Adaptation, as appropriate, through sale or other transfer
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of ownership.
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</simpara>
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</listitem>
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<listitem>
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<simpara>
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<emphasis>"Licensor"</emphasis> means the individual, individuals, entity or entities
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that offer(s) the Work under the terms of this License.
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</simpara>
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</listitem>
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<listitem>
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<simpara>
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<emphasis>"Work"</emphasis> means the literary and/or artistic work offered under the
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terms of this License including without limitation any production in the literary,
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scientific and artistic domain, whatever may be the mode or form of its expression
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including digital form, such as a book, pamphlet and other writing; a lecture,
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address, sermon or other work of the same nature; a dramatic or dramatico-musical
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work; a choreographic work or entertainment in dumb show; a musical composition with
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or without words; a cinematographic work to which are assimilated works expressed by a
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process analogous to cinematography; a work of drawing, painting, architecture,
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sculpture, engraving or lithography; a photographic work to which are assimilated
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works expressed by a process analogous to photography; a work of applied art; an
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illustration, map, plan, sketch or three-dimensional work relative to geography,
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topography, architecture or science; a performance; a broadcast; a phonogram; a
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compilation of data to the extent it is protected as a copyrightable work; or a work
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performed by a variety or circus performer to the extent it is not otherwise
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considered a literary or artistic work.
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</simpara>
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</listitem>
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<listitem>
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<simpara>
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<emphasis>"You"</emphasis> means an individual or entity exercising rights under this
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License who has not previously violated the terms of this License with respect to the
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Work, or who has received express permission from the Licensor to exercise rights
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under this License despite a previous violation.
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</simpara>
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</listitem>
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<listitem>
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<simpara>
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<emphasis>"Publicly Perform"</emphasis> means to perform public recitations of the
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Work and to communicate to the public those public recitations, by any means or
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process, including by wire or wireless means or public digital performances; to make
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available to the public Works in such a way that members of the public may access
|
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these Works from a place and at a place individually chosen by them; to perform the
|
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Work to the public by any means or process and the communication to the public of the
|
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performances of the Work, including by public digital performance; to broadcast and
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rebroadcast the Work by any means including signs, sounds or images.
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</simpara>
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</listitem>
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<listitem>
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<simpara>
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<emphasis>"Reproduce"</emphasis> means to make copies of the Work by any means
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including without limitation by sound or visual recordings and the right of fixation
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and reproducing fixations of the Work, including storage of a protected performance or
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phonogram in digital form or other electronic medium.
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</simpara>
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</listitem>
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</orderedlist>
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<simpara>
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<emphasis>2. Fair Dealing Rights.</emphasis> Nothing in this License is intended to
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reduce, limit, or restrict any uses free from copyright or rights arising from
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limitations or exceptions that are provided for in connection with the copyright
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protection under copyright law or other applicable laws.
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</simpara>
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<simpara>
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<emphasis>3. License Grant.</emphasis> Subject to the terms and conditions of this
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License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual
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(for the duration of the applicable copyright) license to exercise the rights in the
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Work as stated below:
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</simpara>
|
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<orderedlist numeration="loweralpha">
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<listitem>
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<simpara>
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to Reproduce the Work, to incorporate the Work into one or more Collections, and to
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Reproduce the Work as incorporated in the Collections;
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</simpara>
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</listitem>
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<listitem>
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<simpara>
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to create and Reproduce Adaptations provided that any such Adaptation, including any
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translation in any medium, takes reasonable steps to clearly label, demarcate or
|
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otherwise identify that changes were made to the original Work. For example, a
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translation could be marked "The original work was translated from English to
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Spanish," or a modification could indicate "The original work has been modified.";
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</simpara>
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</listitem>
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<listitem>
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<simpara>
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to Distribute and Publicly Perform the Work including as incorporated in Collections;
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and,
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</simpara>
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</listitem>
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<listitem>
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<simpara>
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to Distribute and Publicly Perform Adaptations.
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</simpara>
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</listitem>
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<listitem>
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<para>
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For the avoidance of doubt:
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<orderedlist numeration="upperroman">
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<listitem>
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<simpara>
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<emphasis>Non-waivable Compulsory License Schemes.</emphasis> In those
|
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jurisdictions in which the right to collect royalties through any statutory or
|
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compulsory licensing scheme cannot be waived, the Licensor reserves the exclusive
|
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right to collect such royalties for any exercise by You of the rights granted under
|
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this License;
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</simpara>
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</listitem>
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<listitem>
|
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<simpara>
|
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<emphasis>Waivable Compulsory License Schemes.</emphasis> In those jurisdictions in
|
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which the right to collect royalties through any statutory or compulsory licensing
|
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scheme can be waived, the Licensor waives the exclusive right to collect such
|
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royalties for any exercise by You of the rights granted under this License; and,
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</simpara>
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</listitem>
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<listitem>
|
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<simpara>
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<emphasis>Voluntary License Schemes.</emphasis> The Licensor waives the right to
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collect royalties, whether individually or, in the event that the Licensor is a
|
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member of a collecting society that administers voluntary licensing schemes, via
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that society, from any exercise by You of the rights granted under this License.
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</simpara>
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</listitem>
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</orderedlist>
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</para>
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</listitem>
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</orderedlist>
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<simpara>
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The above rights may be exercised in all media and formats whether now known or
|
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hereafter devised. The above rights include the right to make such modifications as are
|
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technically necessary to exercise the rights in other media and formats. Subject to
|
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Section 8(f), all rights not expressly granted by Licensor are hereby reserved.
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</simpara>
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<simpara>
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<emphasis>4. Restrictions</emphasis>. The license granted in Section 3 above is
|
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expressly made subject to and limited by the following restrictions:
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</simpara>
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<orderedlist numeration="loweralpha">
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<listitem>
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<simpara>
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You may Distribute or Publicly Perform the Work only under the terms of this License.
|
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You must include a copy of, or the Uniform Resource Identifier (URI) for, this License
|
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with every copy of the Work You Distribute or Publicly Perform. You may not offer or
|
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impose any terms on the Work that restrict the terms of this License or the ability of
|
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the recipient of the Work to exercise the rights granted to that recipient under the
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terms of the License. You may not sublicense the Work. You must keep intact all
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notices that refer to this License and to the disclaimer of warranties with every copy
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of the Work You Distribute or Publicly Perform. When You Distribute or Publicly
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Perform the Work, You may not impose any effective technological measures on the Work
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that restrict the ability of a recipient of the Work from You to exercise the rights
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granted to that recipient under the terms of the License. This Section 4(a) applies to
|
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the Work as incorporated in a Collection, but this does not require the Collection
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apart from the Work itself to be made subject to the terms of this License. If You
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create a Collection, upon notice from any Licensor You must, to the extent
|
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practicable, remove from the Collection any credit as required by Section 4(b), as
|
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requested. If You create an Adaptation, upon notice from any Licensor You must, to the
|
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extent practicable, remove from the Adaptation any credit as required by Section 4(b),
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as requested.
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</simpara>
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</listitem>
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<listitem>
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<simpara>
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If You Distribute, or Publicly Perform the Work or any Adaptations or Collections, You
|
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must, unless a request has been made pursuant to Section 4(a), keep intact all
|
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copyright notices for the Work and provide, reasonable to the medium or means You are
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utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if
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supplied, and/or if the Original Author and/or Licensor designate another party or
|
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parties (e.g., a sponsor institute, publishing entity, journal) for attribution
|
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("Attribution Parties") in Licensor's copyright notice, terms of service or by other
|
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reasonable means, the name of such party or parties; (ii) the title of the Work if
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supplied; (iii) to the extent reasonably practicable, the URI, if any, that Licensor
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specifies to be associated with the Work, unless such URI does not refer to the
|
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copyright notice or licensing information for the Work; and (iv) , consistent with
|
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Section 3(b), in the case of an Adaptation, a credit identifying the use of the Work
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in the Adaptation (e.g., "French translation of the Work by Original Author," or
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"Screenplay based on original Work by Original Author"). The credit required by this
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Section 4 (b) may be implemented in any reasonable manner; provided, however, that in
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the case of a Adaptation or Collection, at a minimum such credit will appear, if a
|
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credit for all contributing authors of the Adaptation or Collection appears, then as
|
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part of these credits and in a manner at least as prominent as the credits for the
|
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other contributing authors. For the avoidance of doubt, You may only use the credit
|
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required by this Section for the purpose of attribution in the manner set out above
|
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and, by exercising Your rights under this License, You may not implicitly or
|
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explicitly assert or imply any connection with, sponsorship or endorsement by the
|
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Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your
|
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use of the Work, without the separate, express prior written permission of the
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Original Author, Licensor and/or Attribution Parties.
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</simpara>
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</listitem>
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<listitem>
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<simpara>
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Except as otherwise agreed in writing by the Licensor or as may be otherwise permitted
|
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by applicable law, if You Reproduce, Distribute or Publicly Perform the Work either by
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itself or as part of any Adaptations or Collections, You must not distort, mutilate,
|
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modify or take other derogatory action in relation to the Work which would be
|
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prejudicial to the Original Author's honor or reputation. Licensor agrees that in
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those jurisdictions (e.g. Japan), in which any exercise of the right granted in
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Section 3(b) of this License (the right to make Adaptations) would be deemed to be a
|
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distortion, mutilation, modification or other derogatory action prejudicial to the
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Original Author's honor and reputation, the Licensor will waive or not assert, as
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appropriate, this Section, to the fullest extent permitted by the applicable national
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law, to enable You to reasonably exercise Your right under Section 3(b) of this
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License (right to make Adaptations) but not otherwise.
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</simpara>
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</listitem>
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</orderedlist>
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<simpara><emphasis>5. Representations, Warranties and Disclaimer</emphasis></simpara>
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<simpara>
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UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK
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AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK,
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EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
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TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE
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ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS,
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WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
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WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
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</simpara>
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<simpara>
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<emphasis>6. Limitation on Liability.</emphasis> EXCEPT TO THE EXTENT REQUIRED BY
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APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY
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SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS
|
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LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF
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SUCH DAMAGES.
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</simpara>
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<simpara><emphasis>7. Termination.</emphasis></simpara>
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<orderedlist numeration="loweralpha">
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<listitem>
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<simpara>
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This License and the rights granted hereunder will terminate automatically upon any
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breach by You of the terms of this License. Individuals or entities who have received
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Adaptations or Collections from You under this License, however, will not have their
|
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licenses terminated provided such individuals or entities remain in full compliance
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with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of
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this License.
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</simpara>
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</listitem>
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<listitem>
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<simpara>
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Subject to the above terms and conditions, the license granted here is perpetual (for
|
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the duration of the applicable copyright in the Work). Notwithstanding the above,
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Licensor reserves the right to release the Work under different license terms or to
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stop distributing the Work at any time; provided, however that any such election will
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not serve to withdraw this License (or any other license that has been, or is required
|
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to be, granted under the terms of this License), and this License will continue in
|
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full force and effect unless terminated as stated above.
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</simpara>
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</listitem>
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</orderedlist>
|
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|
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<simpara><emphasis>8. Miscellaneous</emphasis></simpara>
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<orderedlist numeration="loweralpha">
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<listitem>
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<simpara>
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Each time You Distribute or Publicly Perform the Work or a Collection, the Licensor
|
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offers to the recipient a license to the Work on the same terms and conditions as the
|
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license granted to You under this License.
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</simpara>
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</listitem>
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<listitem>
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<simpara>
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Each time You Distribute or Publicly Perform an Adaptation, Licensor offers to the
|
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recipient a license to the original Work on the same terms and conditions as the
|
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license granted to You under this License.
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</simpara>
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</listitem>
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<listitem>
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<simpara>
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If any provision of this License is invalid or unenforceable under applicable law, it
|
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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
|
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shall be reformed to the minimum extent necessary to make such provision valid and
|
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enforceable.
|
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</simpara>
|
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</listitem>
|
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|
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<listitem>
|
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<simpara>
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No term or provision of this License shall be deemed waived and no breach consented to
|
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unless such waiver or consent shall be in writing and signed by the party to be
|
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charged with such waiver or consent
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</simpara>
|
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</listitem>
|
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|
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<listitem>
|
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<simpara>
|
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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
|
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modified without the mutual written agreement of the Licensor and You.
|
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</simpara>
|
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</listitem>
|
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|
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<listitem>
|
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<simpara>
|
|
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
|
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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
|
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rights under applicable law.
|
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</simpara>
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</listitem>
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</orderedlist>
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</appendix>
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