forked from athensresearch/athens
-
Notifications
You must be signed in to change notification settings - Fork 1
/
LICENSE
599 lines (510 loc) · 31.2 KB
/
LICENSE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
568
569
570
571
572
573
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
Source code distributed under the Eclipse Public License - v 1.0:
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF
THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a) in the case of the initial Contributor, the initial code and
documentation distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from and
are distributed by that particular Contributor. A Contribution
'originates' from a Contributor if it was added to the Program by such
Contributor itself or anyone acting on such Contributor's
behalf. Contributions do not include additions to the Program which:
(i) are separate modules of software distributed in conjunction with
the Program under their own license agreement, and (ii) are not
derivative works of the Program.
"Contributor" means any person or entity that distributes the Program.
"Licensed Patents" mean patent claims licensable by a Contributor
which are necessarily infringed by the use or sale of its Contribution
alone or when combined with the Program.
"Program" means the Contributions distributed in accordance with this
Agreement.
"Recipient" means anyone who receives the Program under this
Agreement, including all Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby
grants Recipient a non-exclusive, worldwide, royalty-free copyright
license to reproduce, prepare derivative works of, publicly display,
publicly perform, distribute and sublicense the Contribution of such
Contributor, if any, and such derivative works, in source code and
object code form.
b) Subject to the terms of this Agreement, each Contributor hereby
grants Recipient a non-exclusive, worldwide, royalty-free patent
license under Licensed Patents to make, use, sell, offer to sell,
import and otherwise transfer the Contribution of such Contributor, if
any, in source code and object code form. This patent license shall
apply to the combination of the Contribution and the Program if, at
the time the Contribution is added by the Contributor, such addition
of the Contribution causes such combination to be covered by the
Licensed Patents. The patent license shall not apply to any other
combinations which include the Contribution. No hardware per se is
licensed hereunder.
c) Recipient understands that although each Contributor grants the
licenses to its Contributions set forth herein, no assurances are
provided by any Contributor that the Program does not infringe the
patent or other intellectual property rights of any other entity. Each
Contributor disclaims any liability to Recipient for claims brought by
any other entity based on infringement of intellectual property rights
or otherwise. As a condition to exercising the rights and licenses
granted hereunder, each Recipient hereby assumes sole responsibility
to secure any other intellectual property rights needed, if any. For
example, if a third party patent license is required to allow
Recipient to distribute the Program, it is Recipient's responsibility
to acquire that license before distributing the Program.
d) Each Contributor represents that to its knowledge it has sufficient
copyright rights in its Contribution, if any, to grant the copyright
license set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form
under its own license agreement, provided that:
a) it complies with the terms and conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all warranties
and conditions, express and implied, including warranties or
conditions of title and non-infringement, and implied warranties or
conditions of merchantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability
for damages, including direct, indirect, special, incidental and
consequential damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are
offered by that Contributor alone and not by any other party; and
iv) states that source code for the Program is available from such
Contributor, and informs licensees how to obtain it in a reasonable
manner on or through a medium customarily used for software exchange.
When the Program is made available in source code form:
a) it must be made available under this Agreement; and
b) a copy of this Agreement must be included with each copy of the Program.
Contributors may not remove or alter any copyright notices contained
within the Program.
Each Contributor must identify itself as the originator of its
Contribution, if any, in a manner that reasonably allows subsequent
Recipients to identify the originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain
responsibilities with respect to end users, business partners and the
like. While this license is intended to facilitate the commercial use
of the Program, the Contributor who includes the Program in a
commercial product offering should do so in a manner which does not
create potential liability for other Contributors. Therefore, if a
Contributor includes the Program in a commercial product offering,
such Contributor ("Commercial Contributor") hereby agrees to defend
and indemnify every other Contributor ("Indemnified Contributor")
against any losses, damages and costs (collectively "Losses") arising
from claims, lawsuits and other legal actions brought by a third party
against the Indemnified Contributor to the extent caused by the acts
or omissions of such Commercial Contributor in connection with its
distribution of the Program in a commercial product offering. The
obligations in this section do not apply to any claims or Losses
relating to any actual or alleged intellectual property
infringement. In order to qualify, an Indemnified Contributor must: a)
promptly notify the Commercial Contributor in writing of such claim,
and b) allow the Commercial Contributor to control, and cooperate with
the Commercial Contributor in, the defense and any related settlement
negotiations. The Indemnified Contributor may participate in any such
claim at its own expense.
For example, a Contributor might include the Program in a commercial
product offering, Product X. That Contributor is then a Commercial
Contributor. If that Commercial Contributor then makes performance
claims, or offers warranties related to Product X, those performance
claims and warranties are such Commercial Contributor's responsibility
alone. Under this section, the Commercial Contributor would have to
defend claims against the other Contributors related to those
performance claims and warranties, and if a court requires any other
Contributor to pay any damages as a result, the Commercial Contributor
must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
PROVIDED 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. Each Recipient is solely
responsible for determining the appropriateness of using and
distributing the Program and assumes all risks associated with its
exercise of rights under this Agreement , including but not limited to
the risks and costs of program errors, compliance with applicable
laws, damage to or loss of data, programs or equipment, and
unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this Agreement, and without further
action by the parties hereto, such provision shall be reformed to the
minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against any entity
(including a cross-claim or counterclaim in a lawsuit) alleging that
the Program itself (excluding combinations of the Program with other
software or hardware) infringes such Recipient's patent(s), then such
Recipient's rights granted under Section 2(b) shall terminate as of
the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it
fails to comply with any of the material terms or conditions of this
Agreement and does not cure such failure in a reasonable period of
time after becoming aware of such noncompliance. If all Recipient's
rights under this Agreement terminate, Recipient agrees to cease use
and distribution of the Program as soon as reasonably
practicable. However, Recipient's obligations under this Agreement and
any licenses granted by Recipient relating to the Program shall
continue and survive.
Everyone is permitted to copy and distribute copies of this Agreement,
but in order to avoid inconsistency the Agreement is copyrighted and
may only be modified in the following manner. The Agreement Steward
reserves the right to publish new versions (including revisions) of
this Agreement from time to time. No one other than the Agreement
Steward has the right to modify this Agreement. The Eclipse Foundation
is the initial Agreement Steward. The Eclipse Foundation may assign
the responsibility to serve as the Agreement Steward to a suitable
separate entity. Each new version of the Agreement will be given a
distinguishing version number. The Program (including Contributions)
may always be distributed subject to the version of the Agreement
under which it was received. In addition, after a new version of the
Agreement is published, Contributor may elect to distribute the
Program (including its Contributions) under the new version. Except as
expressly stated in Sections 2(a) and 2(b) above, Recipient receives
no rights or licenses to the intellectual property of any Contributor
under this Agreement, whether expressly, by implication, estoppel or
otherwise. All rights in the Program not expressly granted under this
Agreement are reserved.
This Agreement is governed by the laws of the State of New York and
the intellectual property laws of the United States of America. No
party to this Agreement will bring a legal action under this Agreement
more than one year after the cause of action arose. Each party waives
its rights to a jury trial in any resulting litigation.
Images distributed under the Creative Commons Attribution + ShareAlike
License version 3.0:
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
"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.
"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(f) 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 below) for the purposes of this License.
"Creative Commons Compatible License" means a license that is
listed at http://creativecommons.org/compatiblelicenses that has
been approved by Creative Commons as being essentially equivalent
to this License, including, at a minimum, because that license:
(i) contains terms that have the same purpose, meaning and effect
as the License Elements of this License; and, (ii) explicitly
permits the relicensing of adaptations of works made available
under that license under this License or a Creative Commons
jurisdiction license with the same License Elements as this
License.
"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.
"License Elements" means the following high-level license
attributes as selected by Licensor and indicated in the title of
this License: Attribution, ShareAlike.
"Licensor" means the individual, individuals, entity or entities
that offer(s) the Work under the terms of this License.
"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.
"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.
"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.
"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.
"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:
to Reproduce the Work, to incorporate the Work into one or more
Collections, and to Reproduce the Work as incorporated in the
Collections;
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 Collections; and,
to Distribute and Publicly Perform Adaptations.
For the avoidance of doubt:
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;
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 waives
the exclusive right to collect such royalties for any exercise
by You of the rights granted under this License; and,
Voluntary License Schemes. The Licensor waives 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.
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.
4. Restrictions. The license 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 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(c), 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(c), as requested.
You may Distribute or Publicly Perform an Adaptation only under
the terms of: (i) 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-ShareAlike 3.0 US)); (iv) a Creative
Commons Compatible License. If you license the Adaptation under
one of the licenses mentioned in (iv), you must comply with the
terms of that license. If you license the Adaptation under the
terms of any of the licenses mentioned in (i), (ii) or (iii) (the
"Applicable License"), you must comply with the terms of the
Applicable License generally and the following provisions: (I) You
must include a copy of, or the URI for, the Applicable License
with every copy of each Adaptation You Distribute or Publicly
Perform; (II) 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; (III) 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; (IV) 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.
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 Ssection 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(c) 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.
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,
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, 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
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.
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
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.
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.
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.
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.
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.
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.