THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENCE ("CCPL" OR "LICENCE"). THE WORK IS PROTECTED BY COPYRIGHT, PERFOMERS PROTECTION AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENCE OR LAW IS PROHIBITED.
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- "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of 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 Licence.
- "Entity" includes a legal person or a number of persons acting together, such as a partnership or an unincorporated association and where appropriate the State or an international organisation.
- "Licensor" means the individual or Entity that offers the Work under the terms of this License.
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- "Work" means the original work of authorship and, where appropriate performance, offered under the terms of this Licence, including literary, musical and artistic works; cinematograph films; sound recordings; broadcasts; programme-carrying signals; published editions and computer programs. The performance must be fixed to constitute a work under this Licence.
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- "Creative Commons" in this Licence refers to both Creative Commons and Creative Commons South Africa.
2. Fair Dealing Rights. Nothing in this licence is intended to reduce, limit, or restrict any rights arising from fair dealing, the general exceptions to protection of copyright works or other limitations on the exclusive rights of the copyright owner or performer under copyright, performer’s protection law or other applicable laws.
3. Licence Grant. Subject to the terms and conditions of this Licence, Licensor hereby grants You a worldwide, royalty-free, non-exclusive licence, for the duration of the applicable copyright to exercise the rights in the Work as stated below:
- 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;
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The Licence is irrevocable except for breach as set out in this Licence. All rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth in Sections 4(d) and 4 (e).
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- You may distribute, publicly display, publicly perform, broadcast, transmit, publish and make available the Work only under the terms of this Licence, and You must include a copy of, or the Uniform Resource Identifier for, this Licence with every copy of the Work You distribute, publicly display, publicly perform, broadcast, transmit, publish or make available. You may not offer or impose any terms on the Work that alter or restrict the terms of this Licence or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this Licence and all rights management information. You may not distribute, publicly display, publicly perform, broadcast, transmit, publish and make available the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this Licence Agreement or as permitted by law as specified in Section 2. The above 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 Licence. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested.
- You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
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Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
- For the avoidance of doubt, where the Work is a musical work or sound recording:
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- Mechanical Rights and Statutory Royalties. Licensor reserves the exclusive right to collect, whether individually or via a music rights agency (SARRAL, NORM) or designated agent, royalties for any record of a musical work You create from the Work ("cover version") and distribute, subject to a compulsory Licence created under section 14 of the South African Copyright Act (or the equivalent in other jurisdictions), if Your distribution of such cover version is primarily intended for or directed toward commercial advantage or private monetary compensation.
- You may not exercise any of the rights granted to You in Section 3 above in any manner that violates the moral rights of the author, to be named as author of the Work, and to object to any distortion, mutilation or other modification of the work where such action is or would be prejudicial to the honour or reputation of the author. Provided that an author who authorizes the use of his work in a cinematograph film or a television broadcast or an author of a computer program or a work associated with a computer program may not prevent or object to modifications that are absolutely necessary on technical grounds. Should an author object compliance with a request to remove the authors’ name from the work in accordance with 4.a above is sufficient to respect the authors’ moral right.
5. Representations, Warranties and Disclaimer
THE LICENSOR MAKES THE WORK AVAILABLE UNDER THE GOOD FAITH BELIEF THAT LICENCED USE OF THE WORK DOES NOT VIOLATE THE COPYRIGHT OR WHERE APPROPRIATE PERFORMERS’ PROTECTION RIGHTS OF OTHERS. UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS ON THE BASIS OF A GOOD FAITH BELIEF THAT IT DOES NOT VIOLATE THE RIGHTS OF OTHERS, AND MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE AND IF THE WORK INCLUDES SOFTWARE, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability. 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 LICENCE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- This Licence and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this Licence. Individuals or entities who have received Derivative Works or Collective Works from You under this Licence, however, will not have their licences terminated provided such individuals or entities remain in full compliance with those licences. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this Licence.
- Subject to the above terms and conditions, the licence granted here is for the duration of the applicable copyright in the Work. Notwithstanding the above, Licensor reserves the right to release the Work under different Licence terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this Licence (or any other Licence that has been, or is required to be, granted under the terms of this Licence), and this Licence will continue in full force and effect unless terminated as stated above.
- Each time You distribute, publish or make available the Work or a Collective Work, the Licensor offers to the recipient a Licence to the Work on the same terms and conditions as the Licence granted to You under this Licence.
- If any provision of this Licence is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Licence, 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.
- No term or provision of this Licence 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.
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- This Licence is governed by the law of South Africa, and the law of South Africa shall apply to the establishment, and interpretation of this Licence.
- This Licence shall be construed so as to promote the use and distribution of the work in SADC (Southern African Development Community) countries.
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