17421: a few wording tweaks.

[arvados.git] / doc / user / copying / by-sa-3.0.html

---
layout: default
navsection: userguide
title: "Creative Commons"
...

<div id="deed" class="green">
    <div id="deed-head">

      <div id="deed-license">
        <h2>Attribution-ShareAlike 3.0 United States</h2>
      </div>
    </div>

        <h3><em>License</em></h3>

        <p>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.</p>

        <p>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.</p>

        <p><strong>1. Definitions</strong></p>

        <ol type="a">
          <li><strong>"Collective Work"</strong> 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 Collective Work will not be considered a
          Derivative Work (as defined below) for the purposes of
          this License.</li>

          <li><strong>"Creative Commons Compatible
          License"</strong> 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 derivatives of works made available under
          that license under this License or either a Creative
          Commons unported license or a Creative Commons
          jurisdiction license with the same License Elements as
          this License.</li>

          <li><strong>"Derivative Work"</strong> 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.</li>

          <li><strong>"License Elements"</strong> means the
          following high-level license attributes as selected by
          Licensor and indicated in the title of this License:
          Attribution, ShareAlike.</li>

          <li><strong>"Licensor"</strong> means the individual,
          individuals, entity or entities that offers the Work
          under the terms of this License.</li>

          <li><strong>"Original Author"</strong> means the
          individual, individuals, entity or entities who created
          the Work.</li>

          <li><strong>"Work"</strong> means the copyrightable work
          of authorship offered under the terms of this
          License.</li>

          <li><strong>"You"</strong> 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.</li>
        </ol>

        <p><strong>2. Fair Use Rights.</strong> 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.</p>

        <p><strong>3. License Grant.</strong> 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:</p>

        <ol type="a">
          <li>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;</li>

          <li>to create and reproduce Derivative Works provided
          that any such Derivative Work, 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.";</li>

          <li>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;</li>

          <li>to distribute copies or phonorecords of, display
          publicly, perform publicly, and perform publicly by means
          of a digital audio transmission Derivative Works.</li>

          <li>
            <p>For the avoidance of doubt, where the Work is a
            musical composition:</p>

            <ol type="i">
              <li><strong>Performance Royalties Under Blanket
              Licenses</strong>. Licensor waives 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.</li>

              <li><strong>Mechanical Rights and Statutory
              Royalties</strong>. Licensor waives 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).</li>
            </ol>
          </li>

          <li><strong>Webcasting Rights and Statutory
          Royalties</strong>. 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 (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).</li>
        </ol>

        <p>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.</p>

        <p><strong>4. Restrictions.</strong> The license granted in
        Section 3 above is expressly made subject to and limited by
        the following restrictions:</p>

        <ol type="a">
          <li>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 of 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
          of 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. If You create a Derivative Work, upon
          notice from any Licensor You must, to the extent
          practicable, remove from the Derivative Work any credit
          as required by Section 4(c), as requested.</li>

          <li>You may distribute, publicly display, publicly
          perform, or publicly digitally perform a Derivative Work
          only under: (i) the terms of this License; (ii) a later
          version of this License with the same License Elements as
          this License; (iii) either the Creative Commons
          (Unported) license or 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 (Unported)); (iv) a Creative
          Commons Compatible License. If you license the Derivative
          Work under one of the licenses mentioned in (iv), you
          must comply with the terms of that license. If you
          license the Derivative Work 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 with the following
          provisions: (I) You must include a copy of, or the
          Uniform Resource Identifier for, the Applicable License
          with every copy or phonorecord of each Derivative Work
          You distribute, publicly display, publicly perform, or
          publicly digitally perform; (II) You may not offer or
          impose any terms on the Derivative Works that restrict
          the terms of the Applicable License or the ability of a
          recipient of the Work 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;
          and, (IV) when You distribute, publicly display, publicly
          perform, or publicly digitally perform the Work, You may
          not impose any technological measures on the Derivative
          Work that restrict the ability of a recipient of the
          Derivative Work from You to exercise the rights granted
          to that recipient under the terms of the Applicable
          License. This Section 4(b) applies to the Derivative Work
          as incorporated in a Collective Work, but this does not
          require the Collective Work apart from the Derivative
          Work itself to be made subject to the terms of the
          Applicable License.</li>

          <li>If You distribute, publicly display, publicly
          perform, or publicly digitally perform the Work (as
          defined in Section 1 above) or any Derivative Works (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; and, consistent with
          Section 3(b) 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"). The credit required by this Section
          4(c) 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,
          if a credit for all contributing authors of the
          Derivative Work or 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 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.</li>
        </ol>

        <p><strong>5. Representations, Warranties and
        Disclaimer</strong></p>

        <p>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.</p>

        <p><strong>6. Limitation on Liability.</strong> 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.</p>

        <p><strong>7. Termination</strong></p>

        <ol type="a">
          <li>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 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.</li>

          <li>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.</li>
        </ol>

        <p><strong>8. Miscellaneous</strong></p>

        <ol type="a">
          <li>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.</li>

          <li>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.</li>

          <li>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.</li>

          <li>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.</li>

          <li>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.</li>
        </ol>
        <!-- BREAKOUT FOR CC NOTICE.  NOT A PART OF THE LICENSE -->

        <blockquote>
          <h3>Creative Commons Notice</h3>

          <p>Creative Commons is not a party to this License, and
          makes no warranty whatsoever in connection with the Work.
          Creative Commons will not be liable to You or any party
          on any legal theory for any damages whatsoever, including
          without limitation any general, special, incidental or
          consequential damages arising in connection to this
          license. Notwithstanding the foregoing two (2) sentences,
          if Creative Commons has expressly identified itself as
          the Licensor hereunder, it shall have all rights and
          obligations of Licensor.</p>

          <p>Except for the limited purpose of indicating to the
          public that the Work is licensed under the CCPL, Creative
          Commons does not authorize the use by either party of the
          trademark "Creative Commons" or any related trademark or
          logo of Creative Commons without the prior written
          consent of Creative Commons. Any permitted use will be in
          compliance with Creative Commons' then-current trademark
          usage guidelines, as may be published on its website or
          otherwise made available upon request from time to time.
          For the avoidance of doubt, this trademark restriction
          does not form part of this License.</p>

          <p>Creative Commons may be contacted at <a href=
          "http://creativecommons.org/">http://creativecommons.org/</a>.</p>
        </blockquote>
      </div>
    </div>

  </div>