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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 AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENCE IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE. TO THE EXTENT THIS LICENCE 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.
"Adaptation" means a work based upon the Work,
or upon the Work and other preexisting works. Adaptations
- Translations of the Work;
- Where the Work is a dramatic work: conversions of the Work into a novel or other non-dramatic work;
- Where the Work is a novel or other non-dramatic work or an artistic work: conversions of the Work into a dramatic work by way of performance in public or otherwise;
- Where the Work is a literary or dramatic or musical work: a sound recording, cinematograph film or other mechanical contrivance by means of which the Work may be mechanically reproduced or performed; and
- Where the Work is a literary or dramatic or musical or artistic work: reproductions, adaptations or public presentations of the Work as a cinematographic work.
- "Author" has the same meaning determined by applicable law. For example, the Author is (i) the individuals or entities who created a literary or artistic work or, if no individual or entity can be identified, the publisher; (ii) the individuals who perform a performance; (iii) the producer who first fixes the sounds of a performance in an audio recording; or, (iv) the organization that transmits a broadcast.
- "Collective Work" means (i) an encyclopaedia, dictionary, year book or similar work; (ii) a newspaper, review, magazine or similar periodical; and (iii) any work written in distinct parts by different authors, or in which works or parts of works of different authors are incorporated. A work that constitutes a Collective Work will not be considered an Adaptation (as defined above) for the purposes of this Licence.
- "Licence Elements" means the following high- level Licence attributes as selected by Licensor and indicated in the title of this Licence: Attribution, NonCommercial, ShareAlike.
- "Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this Licence.
- "Musical Work" means any work of music or musical composition, with or without words, and includes any compilation thereof.
- "Work" means the work of authorship offered under the terms of this Licence.
- "You" means an individual or entity exercising rights under this Licence who has not previously violated the terms of this Licence with respect to the Work, or who has received express permission from the Licensor to exercise rights under this Licence despite a previous violation.
2. Fair Dealing Rights: Nothing in this Licence is intended to reduce, limit, or restrict any rights accruing to fair dealing and those exemptions afforded to individuals, educational institutions, libraries, archives, museums, computer programs, incidental inclusions and ephemeral recordings, or other limitations on the exclusive rights of the copyright owner under the Copyright Act.
3. Licence Grant: Subject to the terms and conditions of this Licence, Licensor hereby grants You a worldwide, royalty- free, non-exclusive, perpetual (for the duration of the applicable copyright) Licence 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;
- to create and reproduce Adaptations provided that any such Adaptation, 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";
- to distribute and publicly perform the Work including as incorporated in Collective Works; and,
- to distribute and publicly perform Adaptations.
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, including but not limited to the rights set forth in Section 4(c) and 4(e).
4. Restrictions: The licence granted in Section 3 above is expressly made subject to and limited by the following restrictions:
- You may distribute or publicly perform the Work only under the terms of this Licence. You must include a copy of, or the Uniform Resource Identifier (URI) for, this Licence with every copy of the Work You distribute or publicly perform. You may not offer or impose any terms on the Work that restrict the terms of this Licence or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the Licence. You may not sublicense the Work. You must keep intact all notices that refer to this Licence and to the disclaimer of warranties with every copy of the Work You distribute or publicly perform. When You distribute or publicly 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 the rights granted to that recipient under the terms of the Licence. 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 Licence. 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(d), as requested. If You create an Adaptation, upon notice from any Licensor You must, to the extent practicable, remove from the Adaptation any credit as required by Section 4(d), as requested.
- You may distribute or publicly perform an Adaptation only under: (i) the terms of this Licence; (ii) a later version of this Licence with the same Licence Elements as this Licence; or (iii) either the Creative Commons (Unported) licence or a Creative Commons jurisdiction licence (either this or a later version) that contains the same Licence Elements as this Licence (e.g., Attribution-NonCommercial-ShareAlike 3.0 (Unported)) ("Applicable Licence"). You must include a copy of or the URI for the Applicable Licence or other licence specified in the previous sentence with every copy of or sound recording of each Adaptation You distribute or publicly perform. You may not offer or impose any terms on the Adaptation that restrict the terms of the Applicable Licence or the ability of the recipient of the Adaptation to exercise the rights granted to that recipient under the terms of the Applicable Licence. You must keep intact all notices that refer to the Applicable Licence and to the disclaimer of warranties with every copy of the Work as included in the Adaptation You distribute or publicly perform. When You distribute or publicly perform the Adaptation, You may not impose any technological measures on the Adaptation that restrict the ability of a recipient of the Adaptation from You to exercise the rights granted to that recipient under the terms of the Applicable Licence. This Section 4(b) applies to the Adaptation as incorporated in a Collective Work, but this does not require the Collective Work apart from the Adaptation itself to be made subject to the terms of the Applicable Licence.
- 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.
- If You distribute, or publicly perform the Work or any Adaptations or Collective Works, 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 Author (or pseudonym, if applicable) if supplied, and/or if the Author and/or Licensor designates 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; (ii) the title of the Work if supplied; (iii) to the extent reasonably practicable, the URI, 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, (iv) consistent with Section 3(b), in the case of an Adaptation, a credit identifying the use of the Work in the Adaptation (e.g., "French translation of the Work by Author," or "Screenplay based on original Work by Author"). The credit required by this Section 4(d) may be implemented in any reasonable manner; provided, however, that in the case of an Adaptation or Collective Work, at a minimum such credit will appear, if a credit for all contributing authors of the Adaptation 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 Licence, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the 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 Author, Licensor and/or Attribution Parties.
For the avoidance of doubt, where the Work is a musical composition, performer's performance or sound recording:
- Performance Royalties Under Blanket Licences: Licensor reserves the exclusive right to collect, whether individually or via a performance rights society, royalties for the public performance or public digital performance (e.g. webcast) of the musical Work, sound recording or performer's performance where applicable under Canadian law.
- Mechanical Rights in Musical Works: Licensor reserves the exclusive right to collect, whether individually or via a music rights agency, collective society, or designated agent, royalties for any sound recording You create from the musical Work ("cover version") where applicable under Canadian law.
- Except as otherwise agreed in writing by the Author, in those jurisdictions in which the moral right of integrity exists and by operation of local law constrains the freedom to adapt or collect the licensed Work, where Licensor holds moral rights in the Work and where the exercise of the right granted in Section 3(b) of this Licence (the right to make Adaptations) could violate the moral right of integrity, Licensor agrees to waive or not assert, as appropriate, the moral right of integrity, to the fullest extent permitted by the applicable national law, as long as You do not distort, mutilate, modify or take other derogatory action in relation to the Work that would be prejudicial to the Author’s honour or reputation, so as to enable You to reasonably exercise Your right under Section 3(b) of this Licence but not otherwise.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, 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.
6. Limitation on Liability
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, AND EXCEPT FOR DAMAGES ARISING FROM LIABILITY TO A THIRD PARTY RESULTING FROM BREACH OF THE WARRANTIES IN SECTION 5, 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 Adaptations 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 perpetual (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 or publicly perform 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.
- Each time You distribute or publicly perform an Adaptation, Licensor offers to the recipient a licence to the original 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.
- This Licence 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 Licence may not be modified without the mutual written agreement of the Licensor and You.
- You must abide the Licence during its term despite the expiry, initial invalidity or later invalidation of any intellectual property rights.
- The construction, validity and performance of this Licence shall be governed by the laws in force in Canada and, where applicable, those of the province in which the Licensor normally resides.
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