[6a3a178] | 1 | Creative Commons Legal Code
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| 2 |
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| 3 | Attribution 3.0 Unported
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| 4 |
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| 5 | CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE
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| 6 | LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN
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| 7 | ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS
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| 8 | INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES
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| 9 | REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR
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| 10 | DAMAGES RESULTING FROM ITS USE.
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| 11 |
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| 12 | License
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| 13 |
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| 14 | THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
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| 15 | COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
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| 16 | COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
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| 17 | AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
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| 18 |
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| 19 | BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE
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| 20 | TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY
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| 21 | BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS
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| 22 | CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND
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| 23 | CONDITIONS.
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| 24 |
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| 25 | 1. Definitions
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| 26 |
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| 27 | a. "Adaptation" means a work based upon the Work, or upon the Work and
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| 28 | other pre-existing works, such as a translation, adaptation,
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| 29 | derivative work, arrangement of music or other alterations of a
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| 30 | literary or artistic work, or phonogram or performance and includes
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| 31 | cinematographic adaptations or any other form in which the Work may be
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| 32 | recast, transformed, or adapted including in any form recognizably
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| 33 | derived from the original, except that a work that constitutes a
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| 34 | Collection will not be considered an Adaptation for the purpose of
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| 35 | this License. For the avoidance of doubt, where the Work is a musical
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| 36 | work, performance or phonogram, the synchronization of the Work in
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| 37 | timed-relation with a moving image ("synching") will be considered an
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| 38 | Adaptation for the purpose of this License.
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| 39 | b. "Collection" means a collection of literary or artistic works, such as
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| 40 | encyclopedias and anthologies, or performances, phonograms or
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| 41 | broadcasts, or other works or subject matter other than works listed
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| 42 | in Section 1(f) below, which, by reason of the selection and
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| 43 | arrangement of their contents, constitute intellectual creations, in
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| 44 | which the Work is included in its entirety in unmodified form along
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| 45 | with one or more other contributions, each constituting separate and
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| 46 | independent works in themselves, which together are assembled into a
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| 47 | collective whole. A work that constitutes a Collection will not be
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| 48 | considered an Adaptation (as defined above) for the purposes of this
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| 49 | License.
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| 50 | c. "Distribute" means to make available to the public the original and
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| 51 | copies of the Work or Adaptation, as appropriate, through sale or
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| 52 | other transfer of ownership.
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| 53 | d. "Licensor" means the individual, individuals, entity or entities that
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| 54 | offer(s) the Work under the terms of this License.
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| 55 | e. "Original Author" means, in the case of a literary or artistic work,
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| 56 | the individual, individuals, entity or entities who created the Work
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| 57 | or if no individual or entity can be identified, the publisher; and in
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| 58 | addition (i) in the case of a performance the actors, singers,
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| 59 | musicians, dancers, and other persons who act, sing, deliver, declaim,
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| 60 | play in, interpret or otherwise perform literary or artistic works or
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| 61 | expressions of folklore; (ii) in the case of a phonogram the producer
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| 62 | being the person or legal entity who first fixes the sounds of a
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| 63 | performance or other sounds; and, (iii) in the case of broadcasts, the
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| 64 | organization that transmits the broadcast.
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| 65 | f. "Work" means the literary and/or artistic work offered under the terms
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| 66 | of this License including without limitation any production in the
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| 67 | literary, scientific and artistic domain, whatever may be the mode or
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| 68 | form of its expression including digital form, such as a book,
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| 69 | pamphlet and other writing; a lecture, address, sermon or other work
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| 70 | of the same nature; a dramatic or dramatico-musical work; a
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| 71 | choreographic work or entertainment in dumb show; a musical
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| 72 | composition with or without words; a cinematographic work to which are
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| 73 | assimilated works expressed by a process analogous to cinematography;
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| 74 | a work of drawing, painting, architecture, sculpture, engraving or
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| 75 | lithography; a photographic work to which are assimilated works
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| 76 | expressed by a process analogous to photography; a work of applied
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| 77 | art; an illustration, map, plan, sketch or three-dimensional work
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| 78 | relative to geography, topography, architecture or science; a
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| 79 | performance; a broadcast; a phonogram; a compilation of data to the
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| 80 | extent it is protected as a copyrightable work; or a work performed by
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| 81 | a variety or circus performer to the extent it is not otherwise
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| 82 | considered a literary or artistic work.
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| 83 | g. "You" means an individual or entity exercising rights under this
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| 84 | License who has not previously violated the terms of this License with
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| 85 | respect to the Work, or who has received express permission from the
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| 86 | Licensor to exercise rights under this License despite a previous
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| 87 | violation.
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| 88 | h. "Publicly Perform" means to perform public recitations of the Work and
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| 89 | to communicate to the public those public recitations, by any means or
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| 90 | process, including by wire or wireless means or public digital
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| 91 | performances; to make available to the public Works in such a way that
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| 92 | members of the public may access these Works from a place and at a
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| 93 | place individually chosen by them; to perform the Work to the public
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| 94 | by any means or process and the communication to the public of the
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| 95 | performances of the Work, including by public digital performance; to
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| 96 | broadcast and rebroadcast the Work by any means including signs,
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| 97 | sounds or images.
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| 98 | i. "Reproduce" means to make copies of the Work by any means including
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| 99 | without limitation by sound or visual recordings and the right of
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| 100 | fixation and reproducing fixations of the Work, including storage of a
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| 101 | protected performance or phonogram in digital form or other electronic
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| 102 | medium.
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| 103 |
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| 104 | 2. Fair Dealing Rights. Nothing in this License is intended to reduce,
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| 105 | limit, or restrict any uses free from copyright or rights arising from
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| 106 | limitations or exceptions that are provided for in connection with the
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| 107 | copyright protection under copyright law or other applicable laws.
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| 108 |
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| 109 | 3. License Grant. Subject to the terms and conditions of this License,
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| 110 | Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
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| 111 | perpetual (for the duration of the applicable copyright) license to
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| 112 | exercise the rights in the Work as stated below:
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| 113 |
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| 114 | a. to Reproduce the Work, to incorporate the Work into one or more
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| 115 | Collections, and to Reproduce the Work as incorporated in the
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| 116 | Collections;
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| 117 | b. to create and Reproduce Adaptations provided that any such Adaptation,
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| 118 | including any translation in any medium, takes reasonable steps to
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| 119 | clearly label, demarcate or otherwise identify that changes were made
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| 120 | to the original Work. For example, a translation could be marked "The
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| 121 | original work was translated from English to Spanish," or a
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| 122 | modification could indicate "The original work has been modified.";
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| 123 | c. to Distribute and Publicly Perform the Work including as incorporated
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| 124 | in Collections; and,
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| 125 | d. to Distribute and Publicly Perform Adaptations.
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| 126 | e. For the avoidance of doubt:
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| 127 |
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| 128 | i. Non-waivable Compulsory License Schemes. In those jurisdictions in
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| 129 | which the right to collect royalties through any statutory or
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| 130 | compulsory licensing scheme cannot be waived, the Licensor
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| 131 | reserves the exclusive right to collect such royalties for any
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| 132 | exercise by You of the rights granted under this License;
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| 133 | ii. Waivable Compulsory License Schemes. In those jurisdictions in
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| 134 | which the right to collect royalties through any statutory or
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| 135 | compulsory licensing scheme can be waived, the Licensor waives the
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| 136 | exclusive right to collect such royalties for any exercise by You
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| 137 | of the rights granted under this License; and,
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| 138 | iii. Voluntary License Schemes. The Licensor waives the right to
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| 139 | collect royalties, whether individually or, in the event that the
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| 140 | Licensor is a member of a collecting society that administers
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| 141 | voluntary licensing schemes, via that society, from any exercise
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| 142 | by You of the rights granted under this License.
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| 143 |
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| 144 | The above rights may be exercised in all media and formats whether now
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| 145 | known or hereafter devised. The above rights include the right to make
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| 146 | such modifications as are technically necessary to exercise the rights in
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| 147 | other media and formats. Subject to Section 8(f), all rights not expressly
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| 148 | granted by Licensor are hereby reserved.
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| 149 |
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| 150 | 4. Restrictions. The license granted in Section 3 above is expressly made
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| 151 | subject to and limited by the following restrictions:
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| 152 |
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| 153 | a. You may Distribute or Publicly Perform the Work only under the terms
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| 154 | of this License. You must include a copy of, or the Uniform Resource
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| 155 | Identifier (URI) for, this License with every copy of the Work You
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| 156 | Distribute or Publicly Perform. You may not offer or impose any terms
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| 157 | on the Work that restrict the terms of this License or the ability of
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| 158 | the recipient of the Work to exercise the rights granted to that
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| 159 | recipient under the terms of the License. You may not sublicense the
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| 160 | Work. You must keep intact all notices that refer to this License and
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| 161 | to the disclaimer of warranties with every copy of the Work You
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| 162 | Distribute or Publicly Perform. When You Distribute or Publicly
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| 163 | Perform the Work, You may not impose any effective technological
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| 164 | measures on the Work that restrict the ability of a recipient of the
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| 165 | Work from You to exercise the rights granted to that recipient under
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| 166 | the terms of the License. This Section 4(a) applies to the Work as
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| 167 | incorporated in a Collection, but this does not require the Collection
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| 168 | apart from the Work itself to be made subject to the terms of this
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| 169 | License. If You create a Collection, upon notice from any Licensor You
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| 170 | must, to the extent practicable, remove from the Collection any credit
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| 171 | as required by Section 4(b), as requested. If You create an
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| 172 | Adaptation, upon notice from any Licensor You must, to the extent
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| 173 | practicable, remove from the Adaptation any credit as required by
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| 174 | Section 4(b), as requested.
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| 175 | b. If You Distribute, or Publicly Perform the Work or any Adaptations or
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| 176 | Collections, You must, unless a request has been made pursuant to
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| 177 | Section 4(a), keep intact all copyright notices for the Work and
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| 178 | provide, reasonable to the medium or means You are utilizing: (i) the
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| 179 | name of the Original Author (or pseudonym, if applicable) if supplied,
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| 180 | and/or if the Original Author and/or Licensor designate another party
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| 181 | or parties (e.g., a sponsor institute, publishing entity, journal) for
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| 182 | attribution ("Attribution Parties") in Licensor's copyright notice,
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| 183 | terms of service or by other reasonable means, the name of such party
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| 184 | or parties; (ii) the title of the Work if supplied; (iii) to the
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| 185 | extent reasonably practicable, the URI, if any, that Licensor
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| 186 | specifies to be associated with the Work, unless such URI does not
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| 187 | refer to the copyright notice or licensing information for the Work;
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| 188 | and (iv) , consistent with Section 3(b), in the case of an Adaptation,
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| 189 | a credit identifying the use of the Work in the Adaptation (e.g.,
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| 190 | "French translation of the Work by Original Author," or "Screenplay
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| 191 | based on original Work by Original Author"). The credit required by
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| 192 | this Section 4 (b) may be implemented in any reasonable manner;
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| 193 | provided, however, that in the case of a Adaptation or Collection, at
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| 194 | a minimum such credit will appear, if a credit for all contributing
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| 195 | authors of the Adaptation or Collection appears, then as part of these
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| 196 | credits and in a manner at least as prominent as the credits for the
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| 197 | other contributing authors. For the avoidance of doubt, You may only
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| 198 | use the credit required by this Section for the purpose of attribution
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| 199 | in the manner set out above and, by exercising Your rights under this
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| 200 | License, You may not implicitly or explicitly assert or imply any
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| 201 | connection with, sponsorship or endorsement by the Original Author,
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| 202 | Licensor and/or Attribution Parties, as appropriate, of You or Your
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| 203 | use of the Work, without the separate, express prior written
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| 204 | permission of the Original Author, Licensor and/or Attribution
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| 205 | Parties.
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| 206 | c. Except as otherwise agreed in writing by the Licensor or as may be
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| 207 | otherwise permitted by applicable law, if You Reproduce, Distribute or
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| 208 | Publicly Perform the Work either by itself or as part of any
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| 209 | Adaptations or Collections, You must not distort, mutilate, modify or
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| 210 | take other derogatory action in relation to the Work which would be
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| 211 | prejudicial to the Original Author's honor or reputation. Licensor
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| 212 | agrees that in those jurisdictions (e.g. Japan), in which any exercise
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| 213 | of the right granted in Section 3(b) of this License (the right to
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| 214 | make Adaptations) would be deemed to be a distortion, mutilation,
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| 215 | modification or other derogatory action prejudicial to the Original
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| 216 | Author's honor and reputation, the Licensor will waive or not assert,
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| 217 | as appropriate, this Section, to the fullest extent permitted by the
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| 218 | applicable national law, to enable You to reasonably exercise Your
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| 219 | right under Section 3(b) of this License (right to make Adaptations)
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| 220 | but not otherwise.
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| 221 |
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| 222 | 5. Representations, Warranties and Disclaimer
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| 223 |
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| 224 | UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
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| 225 | OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
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| 226 | KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
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| 227 | INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
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| 228 | FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
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| 229 | LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS,
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| 230 | WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
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| 231 | OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
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| 232 |
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| 233 | 6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE
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| 234 | LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR
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| 235 | ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES
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| 236 | ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS
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| 237 | BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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| 238 |
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| 239 | 7. Termination
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| 240 |
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| 241 | a. This License and the rights granted hereunder will terminate
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| 242 | automatically upon any breach by You of the terms of this License.
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| 243 | Individuals or entities who have received Adaptations or Collections
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| 244 | from You under this License, however, will not have their licenses
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| 245 | terminated provided such individuals or entities remain in full
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| 246 | compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will
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| 247 | survive any termination of this License.
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| 248 | b. Subject to the above terms and conditions, the license granted here is
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| 249 | perpetual (for the duration of the applicable copyright in the Work).
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| 250 | Notwithstanding the above, Licensor reserves the right to release the
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| 251 | Work under different license terms or to stop distributing the Work at
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| 252 | any time; provided, however that any such election will not serve to
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| 253 | withdraw this License (or any other license that has been, or is
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| 254 | required to be, granted under the terms of this License), and this
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| 255 | License will continue in full force and effect unless terminated as
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| 256 | stated above.
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| 257 |
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| 258 | 8. Miscellaneous
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| 259 |
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| 260 | a. Each time You Distribute or Publicly Perform the Work or a Collection,
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| 261 | the Licensor offers to the recipient a license to the Work on the same
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| 262 | terms and conditions as the license granted to You under this License.
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| 263 | b. Each time You Distribute or Publicly Perform an Adaptation, Licensor
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| 264 | offers to the recipient a license to the original Work on the same
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| 265 | terms and conditions as the license granted to You under this License.
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| 266 | c. If any provision of this License is invalid or unenforceable under
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| 267 | applicable law, it shall not affect the validity or enforceability of
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| 268 | the remainder of the terms of this License, and without further action
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| 269 | by the parties to this agreement, such provision shall be reformed to
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| 270 | the minimum extent necessary to make such provision valid and
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| 271 | enforceable.
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| 272 | d. No term or provision of this License shall be deemed waived and no
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| 273 | breach consented to unless such waiver or consent shall be in writing
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| 274 | and signed by the party to be charged with such waiver or consent.
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| 275 | e. This License constitutes the entire agreement between the parties with
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| 276 | respect to the Work licensed here. There are no understandings,
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| 277 | agreements or representations with respect to the Work not specified
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| 278 | here. Licensor shall not be bound by any additional provisions that
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| 279 | may appear in any communication from You. This License may not be
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| 280 | modified without the mutual written agreement of the Licensor and You.
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| 281 | f. The rights granted under, and the subject matter referenced, in this
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| 282 | License were drafted utilizing the terminology of the Berne Convention
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| 283 | for the Protection of Literary and Artistic Works (as amended on
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| 284 | September 28, 1979), the Rome Convention of 1961, the WIPO Copyright
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| 285 | Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996
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| 286 | and the Universal Copyright Convention (as revised on July 24, 1971).
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| 287 | These rights and subject matter take effect in the relevant
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| 288 | jurisdiction in which the License terms are sought to be enforced
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| 289 | according to the corresponding provisions of the implementation of
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| 290 | those treaty provisions in the applicable national law. If the
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| 291 | standard suite of rights granted under applicable copyright law
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| 292 | includes additional rights not granted under this License, such
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| 293 | additional rights are deemed to be included in the License; this
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| 294 | License is not intended to restrict the license of any rights under
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| 295 | applicable law.
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| 296 |
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| 297 |
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| 298 | Creative Commons Notice
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| 299 |
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| 300 | Creative Commons is not a party to this License, and makes no warranty
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| 301 | whatsoever in connection with the Work. Creative Commons will not be
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| 302 | liable to You or any party on any legal theory for any damages
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| 303 | whatsoever, including without limitation any general, special,
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| 304 | incidental or consequential damages arising in connection to this
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| 305 | license. Notwithstanding the foregoing two (2) sentences, if Creative
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| 306 | Commons has expressly identified itself as the Licensor hereunder, it
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| 307 | shall have all rights and obligations of Licensor.
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| 308 |
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| 309 | Except for the limited purpose of indicating to the public that the
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| 310 | Work is licensed under the CCPL, Creative Commons does not authorize
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| 311 | the use by either party of the trademark "Creative Commons" or any
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| 312 | related trademark or logo of Creative Commons without the prior
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| 313 | written consent of Creative Commons. Any permitted use will be in
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| 314 | compliance with Creative Commons' then-current trademark usage
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| 315 | guidelines, as may be published on its website or otherwise made
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| 316 | available upon request from time to time. For the avoidance of doubt,
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| 317 | this trademark restriction does not form part of this License.
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| 318 |
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| 319 | Creative Commons may be contacted at http://creativecommons.org/.
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