Usage rights

License

THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS
OF THIS CREATIVE COMMONS PUBLIC LICENSE („CCPL“ OR
„LICENSE“). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER
APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS
PROHIBITED.

BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU
ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.
TO THE EXTENT THIS LICENSE 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.

1. Definitions

  1. „Adaptation“ means a work based upon
    the Work, or upon the Work and other pre-existing works,
    such as a translation, adaptation, derivative work,
    arrangement of music or other alterations of a literary
    or artistic work, or phonogram or performance and
    includes cinematographic adaptations or any other form in
    which the Work may be recast, transformed, or adapted
    including in any form recognizably derived from the
    original, except that a work that constitutes a
    Collection will not be considered an Adaptation for the
    purpose of this License. For the avoidance of doubt,
    where the Work is a musical work, performance or
    phonogram, the synchronization of the Work in
    timed-relation with a moving image („synching“) will be
    considered an Adaptation for the purpose of this
    License.
  2. „Collection“ means a collection of
    literary or artistic works, such as encyclopedias and
    anthologies, or performances, phonograms or broadcasts,
    or other works or subject matter other than works listed
    in Section 1(g) below, which, by reason of the selection
    and arrangement of their contents, constitute
    intellectual creations, in which the Work is included in
    its entirety in unmodified form along with one or more
    other contributions, each constituting separate and
    independent works in themselves, which together are
    assembled into a collective whole. A work that
    constitutes a Collection will not be considered an
    Adaptation (as defined above) for the purposes of this
    License.
  3. „Distribute“ means to make available
    to the public the original and copies of the Work or
    Adaptation, as appropriate, through sale or other
    transfer of ownership.
  4. „License Elements“ means the
    following high-level license attributes as selected by
    Licensor and indicated in the title of this License:
    Attribution, Noncommercial, ShareAlike.
  5. „Licensor“ means the individual,
    individuals, entity or entities that offer(s) the Work
    under the terms of this License.
  6. „Original Author“ means, in the case
    of a literary or artistic work, the individual,
    individuals, entity or entities who created the Work or
    if no individual or entity can be identified, the
    publisher; and in addition (i) in the case of a
    performance the actors, singers, musicians, dancers, and
    other persons who act, sing, deliver, declaim, play in,
    interpret or otherwise perform literary or artistic works
    or expressions of folklore; (ii) in the case of a
    phonogram the producer being the person or legal entity
    who first fixes the sounds of a performance or other
    sounds; and, (iii) in the case of broadcasts, the
    organization that transmits the broadcast.
  7. „Work“ means the literary and/or
    artistic work offered under the terms of this License
    including without limitation any production in the
    literary, scientific and artistic domain, whatever may be
    the mode or form of its expression including digital
    form, such as a book, pamphlet and other writing; a
    lecture, address, sermon or other work of the same
    nature; a dramatic or dramatico-musical work; a
    choreographic work or entertainment in dumb show; a
    musical composition with or without words; a
    cinematographic work to which are assimilated works
    expressed by a process analogous to cinematography; a
    work of drawing, painting, architecture, sculpture,
    engraving or lithography; a photographic work to which
    are assimilated works expressed by a process analogous to
    photography; a work of applied art; an illustration, map,
    plan, sketch or three-dimensional work relative to
    geography, topography, architecture or science; a
    performance; a broadcast; a phonogram; a compilation of
    data to the extent it is protected as a copyrightable
    work; or a work performed by a variety or circus
    performer to the extent it is not otherwise considered a
    literary or artistic work.
  8. „You“ means an individual or entity
    exercising rights under this License who has not
    previously violated the terms of this License with
    respect to the Work, or who has received express
    permission from the Licensor to exercise rights under
    this License despite a previous violation.
  9. „Publicly Perform“ means to perform
    public recitations of the Work and to communicate to the
    public those public recitations, by any means or process,
    including by wire or wireless means or public digital
    performances; to make available to the public Works in
    such a way that members of the public may access these
    Works from a place and at a place individually chosen by
    them; to perform the Work to the public by any means or
    process and the communication to the public of the
    performances of the Work, including by public digital
    performance; to broadcast and rebroadcast the Work by any
    means including signs, sounds or images.
  10. „Reproduce“ means to make copies of
    the Work by any means including without limitation by
    sound or visual recordings and the right of fixation and
    reproducing fixations of the Work, including storage of a
    protected performance or phonogram in digital form or
    other electronic medium.

2. Fair Dealing Rights. Nothing in this
License is intended to reduce, limit, or restrict any uses
free from copyright or rights arising from limitations or
exceptions that are provided for in connection with the
copyright protection under copyright law or other
applicable laws.

3. License Grant. Subject to the terms
and conditions of this License, Licensor hereby grants You
a worldwide, royalty-free, non-exclusive, perpetual (for
the duration of the applicable copyright) license to
exercise the rights in the Work as stated below:

  1. to Reproduce the Work, to incorporate the Work into
    one or more Collections, and to Reproduce the Work as
    incorporated in the Collections;
  2. 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.“;
  3. to Distribute and Publicly Perform the Work including
    as incorporated in Collections; and,
  4. 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. Subject to Section 8(f), all rights not
expressly granted by Licensor are hereby reserved,
including but not limited to the rights described in
Section 4(e).

4. Restrictions. The license granted in
Section 3 above is expressly made subject to and limited by
the following restrictions:

  1. You may Distribute or Publicly Perform the Work only
    under the terms of this License. You must include a copy
    of, or the Uniform Resource Identifier (URI) for, this
    License 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 License or
    the ability of the recipient of the Work to exercise the
    rights granted to that recipient under the terms of the
    License. You may not sublicense the Work. You must keep
    intact all notices that refer to this License 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
    effective 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 License. This Section 4(a) applies to
    the Work as incorporated in a Collection, but this does
    not require the Collection apart from the Work itself to
    be made subject to the terms of this License. If You
    create a Collection, upon notice from any Licensor You
    must, to the extent practicable, remove from the
    Collection 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.
  2. You may Distribute or Publicly Perform an Adaptation
    only under: (i) the terms of this License; (ii) a later
    version of this License with the same License Elements as
    this License; (iii) a Creative Commons jurisdiction
    license (either this or a later license version) that
    contains the same License Elements as this License (e.g.,
    Attribution-NonCommercial-ShareAlike 3.0 US) („Applicable
    License“). You must include a copy of, or the URI, for
    Applicable License with every copy 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 License or the ability of the
    recipient of the Adaptation to exercise the rights
    granted to that recipient under the terms of the
    Applicable License. You must keep intact all notices that
    refer to the Applicable License 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 effective 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 License.
    This Section 4(b) applies to the Adaptation as
    incorporated in a Collection, but this does not require
    the Collection apart from the Adaptation itself to be
    made subject to the terms of the Applicable License.
  3. 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 con-nection with
    the exchange of copyrighted works.
  4. If You Distribute, or Publicly Perform the Work or
    any Adaptations or Collections, 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 Original Author (or pseudonym, if
    applicable) if supplied, and/or if the Original Author
    and/or Licensor designate 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 Original Author,“ or „Screenplay based on
    original Work by Original Author“). The credit required
    by this Section 4(d) may be implemented in any reasonable
    manner; provided, however, that in the case of a
    Adaptation or Collection, at a minimum such credit will
    appear, if a credit for all contributing authors of the
    Adaptation or Collection 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 License, You may not implicitly or explicitly assert
    or imply any connection with, sponsorship or endorsement
    by the Original 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 Original Author, Licensor and/or Attribution
    Parties.
  5. For the avoidance of doubt:

    1. Non-waivable Compulsory License
      Schemes
      . In those jurisdictions in which the
      right to collect royalties through any statutory or
      compulsory licensing scheme cannot be waived, the
      Licensor reserves the exclusive right to collect such
      royalties for any exercise by You of the rights
      granted under this License;
    2. Waivable Compulsory License
      Schemes
      . In those jurisdictions in which the
      right to collect royalties through any statutory or
      compulsory licensing scheme can be waived, the
      Licensor reserves the exclusive right to collect such
      royalties for any exercise by You of the rights
      granted under this License if Your exercise of such
      rights is for a purpose or use which is otherwise
      than noncommercial as permitted under Section 4(c)
      and otherwise waives the right to collect royalties
      through any statutory or compulsory licensing scheme;
      and,
    3. Voluntary License Schemes. The
      Licensor reserves the right to collect royalties,
      whether individually or, in the event that the
      Licensor is a member of a collecting society that
      administers voluntary licensing schemes, via that
      society, from any exercise by You of the rights
      granted under this License that is for a purpose or
      use which is otherwise than noncommercial as
      permitted under Section 4(c).
  6. Except as otherwise agreed in writing by the Licensor
    or as may be otherwise permitted by applicable law, if
    You Reproduce, Distribute or Publicly Perform the Work
    either by itself or as part of any Adaptations or
    Collections, You must not distort, mutilate, modify or
    take other derogatory action in relation to the Work
    which would be prejudicial to the Original Author’s honor
    or reputation. Licensor agrees that in those
    jurisdictions (e.g. Japan), in which any exercise of the
    right granted in Section 3(b) of this License (the right
    to make Adaptations) would be deemed to be a distortion,
    mutilation, modification or other derogatory action
    prejudicial to the Original Author’s honor and
    reputation, the Licensor will waive or not assert, as
    appropriate, this Section, to the fullest extent
    permitted by the applicable national law, to enable You
    to reasonably exercise Your right under Section 3(b) of
    this License (right to make Adaptations) but not
    otherwise.

5. Representations, Warranties and
Disclaimer

UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN
WRITING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, 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, MERCHANTABILITY,
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 THIS 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 LICENSE OR THE USE OF THE WORK,
EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.

7. Termination

  1. This License and the rights granted hereunder will
    terminate automatically upon any breach by You of the
    terms of this License. Individuals or entities who have
    received Adaptations or Collections from You under this
    License, however, will not have their licenses terminated
    provided such individuals or entities remain in full
    compliance with those licenses. Sections 1, 2, 5, 6, 7,
    and 8 will survive any termination of this License.
  2. Subject to the above terms and conditions, the
    license 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 license terms or to stop
    distributing the Work at any time; provided, however that
    any such election will not serve to withdraw this License
    (or any other license that has been, or is required to
    be, granted under the terms of this License), and this
    License will continue in full force and effect unless
    terminated as stated above.

8. Miscellaneous

  1. Each time You Distribute or Publicly Perform the Work
    or a Collection, the Licensor offers to the recipient a
    license to the Work on the same terms and conditions as
    the license granted to You under this License.
  2. Each time You Distribute or Publicly Perform an
    Adaptation, Licensor offers to the recipient a license to
    the original Work on the same terms and conditions as the
    license granted to You under this License.
  3. If any provision of this License is invalid or
    unenforceable under applicable law, it shall not affect
    the validity or enforceability of the remainder of the
    terms of this License, 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.
  4. No term or provision of this License 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.
  5. This License 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 License may not be
    modified without the mutual written agreement of the
    Licensor and You.
  6. The rights granted under, and the subject matter
    referenced, in this License were drafted utilizing the
    terminology of the Berne Convention for the Protection of
    Literary and Artistic Works (as amended on September 28,
    1979), the Rome Convention of 1961, the WIPO Copyright
    Treaty of 1996, the WIPO Performances and Phonograms
    Treaty of 1996 and the Universal Copyright Convention (as
    revised on July 24, 1971). These rights and subject
    matter take effect in the relevant jurisdiction in which
    the License terms are sought to be enforced according to
    the corresponding provisions of the implementation of
    those treaty provisions in the applicable national law.
    If the standard suite of rights granted under applicable
    copyright law includes additional rights not granted
    under this License, such additional rights are deemed to
    be included in the License; this License is not intended
    to restrict the license of any rights under applicable
    law.