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199 lines
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199 lines
12 KiB
Plaintext
Creative Commons Legal Code
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ShareAlike 1.0
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
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SERVICES. DISTRIBUTION OF THIS DRAFT LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT
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RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS.
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CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND
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DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
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License
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
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COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
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COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
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AUTHORIZED UNDER THIS LICENSE IS PROHIBITED.
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE
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BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS
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CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND
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CONDITIONS.
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1. Definitions
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a. "Collective Work" means a work, such as a periodical issue, anthology or
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encyclopedia, in which the Work in its entirety in unmodified form, along
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with a number of other contributions, constituting separate and independent
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works in themselves, are assembled into a collective whole. A work that
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constitutes a Collective Work will not be considered a Derivative Work (as
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defined below) for the purposes of this License.
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b. "Derivative Work" means a work based upon the Work or upon the Work and
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other pre-existing works, such as a translation, musical arrangement,
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dramatization, fictionalization, motion picture version, sound recording,
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art reproduction, abridgment, condensation, or any other form in which the
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Work may be recast, transformed, or adapted, except that a work that
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constitutes a Collective Work will not be considered a Derivative Work for
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the purpose of this License.
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c. "Licensor" means the individual or entity that offers the Work under the
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terms of this License.
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d. "Original Author" means the individual or entity who created the Work.
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e. "Work" means the copyrightable work of authorship offered under the terms
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of this License.
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f. "You" means an individual or entity exercising rights under this License
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who has not previously violated the terms of this License with respect to
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the Work, or who has received express permission from the Licensor to
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exercise rights under this License despite a previous violation.
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2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or
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restrict any rights arising from fair use, first sale or other limitations on
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the exclusive rights of the copyright owner under copyright law or other
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applicable laws.
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3. License Grant. Subject to the terms and conditions of this License, Licensor
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hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the
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duration of the applicable copyright) license to exercise the rights in the
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Work as stated below:
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a. to reproduce the Work, to incorporate the Work into one or more Collective
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Works, and to reproduce the Work as incorporated in the Collective Works;
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b. to create and reproduce Derivative Works;
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c. to distribute copies or phonorecords of, display publicly, perform
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publicly, and perform publicly by means of a digital audio transmission the
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Work including as incorporated in Collective Works;
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d. to distribute copies or phonorecords of, display publicly, perform
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publicly, and perform publicly by means of a digital audio transmission
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Derivative Works;
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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
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modifications as are technically necessary to exercise the rights in other
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media and formats. All rights not expressly granted by Licensor are hereby
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reserved.
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4. Restrictions. The license granted in Section 3 above is expressly made
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subject to and limited by the following restrictions:
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a. You may distribute, publicly display, publicly perform, or publicly
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digitally perform the Work only under the terms of this License, and You
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must include a copy of, or the Uniform Resource Identifier for, this
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License with every copy or phonorecord of the Work You distribute, publicly
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display, publicly perform, or publicly digitally perform. You may not offer
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or impose any terms on the Work that alter or restrict the terms of this
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License or the recipients' exercise of the rights granted hereunder. You
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may not sublicense the Work. You must keep intact all notices that refer to
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this License and to the disclaimer of warranties. You may not distribute,
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publicly display, publicly perform, or publicly digitally perform the Work
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with any technological measures that control access or use of the Work in a
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manner inconsistent with the terms of this License Agreement. The above
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applies to the Work as incorporated in a Collective Work, but this does not
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require the Collective Work apart from the Work itself to be made subject
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to the terms of this License. If You create a Collective Work, upon notice
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from any Licensor You must, to the extent practicable, remove from the
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Collective Work any reference to such Licensor or the Original Author, as
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requested. If You create a Derivative Work, upon notice from any Licensor
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You must, to the extent practicable, remove from the Derivative Work any
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reference to such Licensor or the Original Author, as requested.
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b. You may distribute, publicly display, publicly perform, or publicly
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digitally perform a Derivative Work only under the terms of this License,
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and You must include a copy of, or the Uniform Resource Identifier for,
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this License with every copy or phonorecord of each Derivative Work You
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distribute, publicly display, publicly perform, or publicly digitally
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perform. You may not offer or impose any terms on the Derivative Works that
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alter or restrict the terms of this License or the recipients' exercise of
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the rights granted hereunder, and You must keep intact all notices that
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refer to this License and to the disclaimer of warranties. You may not
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distribute, publicly display, publicly perform, or publicly digitally
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perform the Derivative Work with any technological measures that control
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access or use of the Work in a manner inconsistent with the terms of this
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License Agreement. The above applies to the Derivative Work as incorporated
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in a Collective Work, but this does not require the Collective Work apart
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from the Derivative Work itself to be made subject to the terms of this
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License.
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5. Representations, Warranties and Disclaimer
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a. By offering the Work for public release under this License, Licensor
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represents and warrants that, to the best of Licensor's knowledge after
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reasonable inquiry:
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i. Licensor has secured all rights in the Work necessary to grant the
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license rights hereunder and to permit the lawful exercise of the
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rights granted hereunder without You having any obligation to pay any
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royalties, compulsory license fees, residuals or any other payments;
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ii. The Work does not infringe the copyright, trademark, publicity rights,
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common law rights or any other right of any third party or constitute
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defamation, invasion of privacy or other tortious injury to any third
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party.
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b. EXCEPT AS EXPRESSLY STATED IN THIS LICENSE OR OTHERWISE AGREED IN WRITING
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OR REQUIRED BY APPLICABLE LAW, THE WORK IS LICENSED ON AN "AS IS" BASIS,
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WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING,
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WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE CONTENTS OR ACCURACY OF
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THE WORK.
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6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW,
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AND EXCEPT FOR DAMAGES ARISING FROM LIABILITY TO A THIRD PARTY RESULTING FROM
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BREACH OF THE WARRANTIES IN SECTION 5, IN NO EVENT WILL LICENSOR BE LIABLE TO
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YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
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EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF
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LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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7. Termination
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a. This License and the rights granted hereunder will terminate automatically
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upon any breach by You of the terms of this License. Individuals or
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entities who have received Derivative Works or Collective Works from You
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under this License, however, will not have their licenses terminated
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provided such individuals or entities remain in full compliance with those
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licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of
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this License.
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b. Subject to the above terms and conditions, the license granted here is
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perpetual (for the duration of the applicable copyright in the Work).
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Notwithstanding the above, Licensor reserves the right to release the Work
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under different license terms or to stop distributing the Work at any time;
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provided, however that any such election will not serve to withdraw this
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License (or any other license that has been, or is required to be, granted
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under the terms of this License), and this License will continue in full
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force and effect unless terminated as stated above.
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8. Miscellaneous
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a. Each time You distribute or publicly digitally perform the Work or a
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Collective Work, the Licensor offers to the recipient a license to the Work
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on the same terms and conditions as the license granted to You under this
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License.
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b. Each time You distribute or publicly digitally perform a Derivative Work,
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Licensor offers to the recipient a license to the original Work on the same
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terms and conditions as the license granted to You under this License.
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c. If any provision of this License is invalid or unenforceable under
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applicable law, it shall not affect the validity or enforceability of the
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remainder of the terms of this License, and without further action by the
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parties to this agreement, such provision shall be reformed to the minimum
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extent necessary to make such provision valid and enforceable.
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d. No term or provision of this License shall be deemed waived and no breach
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consented to unless such waiver or consent shall be in writing and signed
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by the party to be charged with such waiver or consent.
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e. This License constitutes the entire agreement between the parties with
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respect to the Work licensed here. There are no understandings, agreements
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or representations with respect to the Work not specified here. Licensor
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shall not be bound by any additional provisions that may appear in any
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communication from You. This License may not be modified without the mutual
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written agreement of the Licensor and You.
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Creative Commons is not a party to this License, and makes no warranty
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whatsoever in connection with the Work. Creative Commons will not be liable to
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You or any party on any legal theory for any damages whatsoever, including
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without limitation any general, special, incidental or consequential damages
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arising in connection to this license. Notwithstanding the foregoing two (2)
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sentences, if Creative Commons has expressly identified itself as the Licensor
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hereunder, it shall have all rights and obligations of Licensor.
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Except for the limited purpose of indicating to the public that the Work is
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licensed under the CCPL, neither party will use the trademark "Creative
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Commons" or any related trademark or logo of Creative Commons without the prior
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written consent of Creative Commons. Any permitted use will be in compliance
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with Creative Commons' then-current trademark usage guidelines, as may be
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published on its website or otherwise made available upon request from time to
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time.
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Creative Commons may be contacted at http://creativecommons.org/.
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