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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

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each constituting separate and independent works in themselves, which

together are assembled into a collective whole. A work that constitutes a

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e. "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.

f. "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.

g. "You" means an individual or entity exercising rights under this License

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Work, or who has received express permission from the Licensor to exercise

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communicate to the public those public recitations, by any means or process,

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i. "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

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a. to Reproduce the Work, to incorporate the Work into one or more

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The above rights may be exercised in all media and formats whether now known or

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modifications as are technically necessary to exercise the rights in other

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Subject to 8(f), all rights not expressly granted by Licensor are hereby

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that in the case of a Collection, at a minimum such credit will appear, if a

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otherwise than noncommercial as permitted under Section 4(b) and otherwise

waives the right to collect royalties through any statutory or compulsory

licensing scheme; and,

iii. Voluntary License Schemes. The Licensor reserves the right to collect

royalties, whether individually or, in the event that the Licensor is a member

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permitted under Section 4(b).

e. Except as otherwise agreed in writing by the Licensor or as may be

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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.

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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

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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 Collections from You under this License, however, will not

have their licenses terminated provided such individuals or entities remain

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survive any termination of this License.

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perpetual (for the duration of the applicable copyright in the Work).

Notwithstanding the above, Licensor reserves the right to release the Work

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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. If any provision of this License is invalid or unenforceable under

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c. No term or provision of this License shall be deemed waived and no breach

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e. 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

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