TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution 4.0 International Public License ("Public License"). To the extent this Public License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions.
1. Definitions.
Section 1 – Definitions.
"License" shall mean the terms and conditions for use, reproduction,
Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.
and distribution as defined by Sections 1 through 9 of this document.
Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License.
Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
"Licensor" shall mean the copyright owner or entity authorized by
Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
the copyright owner that is granting the License.
Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.
"Legal Entity" shall mean the union of the acting entity and all
Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
other entities that control, are controlled by, or are under common
Licensor means the individual(s) or entity(ies) granting rights under this Public License.
control with that entity. For the purposes of this definition,
Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
"control" means (i) the power, direct or indirect, to cause the
Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
direction or management of such entity, whether by contract or
You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.
otherwise, or (ii) ownership of fifty percent (50%) or more of the
Section 2 – Scope.
outstanding shares, or (iii) beneficial ownership of such entity.
License grant.
"You" (or "Your") shall mean an individual or Legal Entity
Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
exercising permissions granted by this License.
reproduce and Share the Licensed Material, in whole or in part; and
produce, reproduce, and Share Adapted Material.
"Source" form shall mean the preferred form for making modifications,
Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.
including but not limited to software source code, documentation
Term. The term of this Public License is specified in Section 6(a).
source, and configuration files.
Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.
Downstream recipients.
"Object" form shall mean any form resulting from mechanical
Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.
transformation or translation of a Source form, including but
No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
not limited to compiled object code, generated documentation,
No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i).
and conversions to other media types.
Other rights.
"Work" shall mean the work of authorship, whether in Source or
Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
Object form, made available under the License, as indicated by a
Patent and trademark rights are not licensed under this Public License.
copyright notice that is included in or attached to the work
To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties.
(an example is provided in the Appendix below).
Section 3 – License Conditions.
"Derivative Works" shall mean any work, whether in Source or Object
Your exercise of the Licensed Rights is expressly made subject to the following conditions.
form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
Attribution.
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
If You Share the Licensed Material (including in modified form), You must:
separable from, or merely link (or bind by name) to the interfaces of,
the Work and Derivative Works thereof.
retain the following if it is supplied by the Licensor with the Licensed Material:
identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
"Contribution" shall mean any work of authorship, including
a copyright notice;
the original version of the Work and any modifications or additions
a notice that refers to this Public License;
to that Work or Derivative Works thereof, that is intentionally
a notice that refers to the disclaimer of warranties;
submitted to Licensor for inclusion in the Work by the copyright owner
a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
or by an individual or Legal Entity authorized to submit on behalf of
indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
the copyright owner. For the purposes of this definition, "submitted"
indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.
means any form of electronic, verbal, or written communication sent
You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
to the Licensor or its representatives, including but not limited to
If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
communication on electronic mailing lists, source code control systems,
If You Share Adapted Material You produce, the Adapter's License You apply must not prevent recipients of the Adapted Material from complying with this Public License.
and issue tracking systems that are managed by, or on behalf of, the
Section 4 – Sui Generis Database Rights.
Licensor for the purpose of discussing and improving the Work, but
excluding communication that is conspicuously marked or otherwise
Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:
designated in writing by the copyright owner as "Not a Contribution."
for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database;
"Contributor" shall mean Licensor and any individual or Legal Entity
if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material; and
on behalf of whom a Contribution has been received by Licensor and
You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database.
subsequently incorporated within the Work.
For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.
Section 5 – Disclaimer of Warranties and Limitation of Liability.
2. Grant of Copyright License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
copyright license to reproduce, prepare Derivative Works of,
The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
publicly display, publicly perform, sublicense, and distribute the
Section 6 – Term and Termination.
Work and such Derivative Works in Source or Object form.
This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically.
3. Grant of Patent License. Subject to the terms and conditions of
Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:
this License, each Contributor hereby grants to You a perpetual,
automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
(except as stated in this section) patent license to make, have made,
upon express reinstatement by the Licensor.
use, offer to sell, sell, import, and otherwise transfer the Work,
For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.
where such license applies only to those patent claims licensable
For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License.
by such Contributor that are necessarily infringed by their
Sections 1, 5, 6, 7, and 8 survive termination of this Public License.
Contribution(s) alone or by combination of their Contribution(s)
Section 7 – Other Terms and Conditions.
with the Work to which such Contribution(s) was submitted. If You
institute patent litigation against any entity (including a
The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
cross-claim or counterclaim in a lawsuit) alleging that the Work
Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.
or a Contribution incorporated within the Work constitutes direct
Section 8 – Interpretation.
or contributory patent infringement, then any patent licenses
granted to You under this License for that Work shall terminate
For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License.
as of the date such litigation is filed.
To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.
No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
4. Redistribution. You may reproduce and distribute copies of the
Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.
Work or Derivative Works thereof in any medium, with or without
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modifications, and in Source or Object form, provided that You
meet the following conditions:
(a) You must give any other recipients of the Work or
Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices
stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works
that You distribute, all copyright, patent, trademark, and
attribution notices from the Source form of the Work,
excluding those notices that do not pertain to any part of
the Derivative Works; and
(d) If the Work includes a "NOTICE" text file as part of its
distribution, then any Derivative Works that You distribute must
include a readable copy of the attribution notices contained
within such NOTICE file, excluding those notices that do not
pertain to any part of the Derivative Works, in at least one
of the following places: within a NOTICE text file distributed
as part of the Derivative Works; within the Source form or
documentation, if provided along with the Derivative Works; or,
within a display generated by the Derivative Works, if and
wherever such third-party notices normally appear. The contents
of the NOTICE file are for informational purposes only and
do not modify the License. You may add Your own attribution
notices within Derivative Works that You distribute, alongside
or as an addendum to the NOTICE text from the Work, provided
that such additional attribution notices cannot be construed
as modifying the License.
You may add Your own copyright statement to Your modifications and
may provide additional or different license terms and conditions
for use, reproduction, or distribution of Your modifications, or
for any such Derivative Works as a whole, provided Your use,
reproduction, and distribution of the Work otherwise complies with
the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise,
any Contribution intentionally submitted for inclusion in the Work
by You to the Licensor shall be under the terms and conditions of
this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify
the terms of any separate license agreement you may have executed
with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade
names, trademarks, service marks, or product names of the Licensor,
except as required for reasonable and customary use in describing the
origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or
agreed to in writing, Licensor provides the Work (and each
Contributor provides its Contributions) on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
implied, including, without limitation, any warranties or conditions
of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining the
appropriateness of using or redistributing the Work and assume any
risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory,
whether in tort (including negligence), contract, or otherwise,
unless required by applicable law (such as deliberate and grossly
negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a
result of this License or out of the use or inability to use the
Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses), even if such Contributor
has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing
the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this
License. However, in accepting such obligations, You may act only
on Your own behalf and on Your sole responsibility, not on behalf
of any other Contributor, and only if You agree to indemnify,
defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason
of your accepting any such warranty or additional liability.
