glfs/appendices/creat-comm.xml

<?xml version="1.0" encoding="ISO-8859-1"?>
<!DOCTYPE appendix PUBLIC "-//OASIS//DTD DocBook XML V4.5//EN"
   "http://www.oasis-open.org/docbook/xml/4.5/docbookx.dtd" [
  <!ENTITY % general-entities SYSTEM "../general.ent">
  %general-entities;
]>

<appendix id="CC" xreflabel="Creative Commons License">
  <?dbhtml filename="creat-comm.html" dir="appendices"?>

  <appendixinfo>
    <date>$Date$</date>
  </appendixinfo>

  <title>Creative Commons License</title>

  <para role='title'>
    Creative Commons Legal Code
  </para>

  <para role='title'>
    Attribution-NonCommercial-ShareAlike 2.0
  </para>

  <important>
    <para>
      CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE
      LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN
      ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS
      INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES
      REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES
      RESULTING FROM ITS USE.
    </para>
  </important>

  <para role='title'>
    License
  </para>

  <para>
    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.
  </para>

  <para>
    BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE
    TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE
    RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS
    AND CONDITIONS.
  </para>

  <orderedlist>
    <?dbfo label-width="1.5em"?>
    <listitem>
      <para>
        Definitions
      </para>

      <orderedlist>
        <listitem>
          <para>
            "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 License.
          </para>
        </listitem>

        <listitem>
          <para>
            "Derivative Work" means a work based upon the Work or upon the
            Work and other pre-existing works, such as a translation, musical
            arrangement, dramatization, fictionalization, motion picture
            version, sound recording, art reproduction, abridgment,
            condensation, or any other form in which the Work may be recast,
            transformed, or adapted, except that a work that constitutes a
            Collective Work will not be considered a Derivative Work for the
            purpose of this License. For the avoidance of doubt, where the
            Work is a musical composition or sound recording, the
            synchronization of the Work in timed-relation with a moving image
            ("synching") will be considered a Derivative Work for the purpose
            of this License.
          </para>
        </listitem>

        <listitem>
          <para>
            "Licensor" means the individual or entity that offers the
            Work under the terms of this License.
          </para>
        </listitem>

        <listitem>
          <para>
            "Original Author" means the individual or entity who created
            the Work.
          </para>
        </listitem>

        <listitem>
          <para>
            "Work" means the copyrightable work of authorship offered
            under the terms of this License.
          </para>
        </listitem>

        <listitem>
          <para>
            "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.
          </para>
        </listitem>

        <listitem>
          <para>
            "License Elements" means the following high-level license
            attributes as selected by Licensor and indicated in the title of
            this License: Attribution, Noncommercial, ShareAlike.
          </para>
        </listitem>

      </orderedlist>
    </listitem>

    <listitem>
      <para>
        Fair Use Rights. Nothing in this license is intended to reduce, limit,
        or restrict any rights arising from fair use, first sale or other
        limitations on the exclusive rights of the copyright owner under
        copyright law or other applicable laws.
      </para>
    </listitem>


    <listitem>
      <para>
        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:
      </para>

      <orderedlist>

        <listitem>
          <para>
            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;
          </para>
        </listitem>

        <listitem>
          <para>
            to create and reproduce Derivative Works;
          </para>
        </listitem>

        <listitem>
          <para>
            to distribute copies or phonorecords of, display publicly, perform
            publicly, and perform publicly by means of a digital audio
            transmission the Work including as incorporated in Collective
            Works;
          </para>
        </listitem>

        <listitem>
          <para>
            to distribute copies or phonorecords of, display publicly,
            perform publicly, and perform publicly by means of a digital audio
            transmission Derivative Works;
          </para>
        </listitem>

      </orderedlist>

      <para>
        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 Sections 4(e) and 4(f).
      </para>
    </listitem>

    <listitem>
      <para>
        Restrictions.The license granted in Section 3 above is
        expressly made subject to and limited by the following
        restrictions:
      </para>

      <orderedlist>

        <listitem>
          <para>
            You may distribute, publicly display, publicly perform, or publicly
            digitally perform the Work only under the terms of this License,
            and You must include a copy of, or the Uniform Resource Identifier
            for, this License with every copy or phonorecord of the Work You
            distribute, publicly display, publicly perform, or publicly
            digitally perform. You may not offer or impose any terms on the
            Work that alter or restrict the terms of this License 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 License and to the disclaimer of warranties. You may not
            distribute, publicly display, publicly perform, or publicly
            digitally perform the Work with any technological measures that
            control access or use of the Work in a manner inconsistent with
            the terms of this License Agreement. 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 License. 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. If You create a Derivative Work,
            upon notice from any Licensor You must, to the extent practicable,
            remove from the Derivative Work any reference to such Licensor or
            the Original Author, as requested.
          </para>
        </listitem>

        <listitem>
          <para>
            You may distribute, publicly display, publicly perform, or publicly
            digitally perform a Derivative Work only under the terms of this
            License, a later version of this License with the same License
            Elements as this License, or a Creative Commons iCommons license
            that contains the same License Elements as this License (e.g.
            Attribution-NonCommercial-ShareAlike 2.0 Japan). You must include
            a copy of, or the Uniform Resource Identifier for, this License or
            other license specified in the previous sentence with every copy
            or phonorecord of each Derivative Work You distribute, publicly
            display, publicly perform, or publicly digitally perform. You may
            not offer or impose any terms on the Derivative Works that alter
            or restrict the terms of this License or the recipients' exercise
            of the rights granted hereunder, and You must keep intact all
            notices that refer to this License and to the disclaimer of
            warranties. You may not distribute, publicly display, publicly
            perform, or publicly digitally perform the Derivative Work with
            any technological measures that control access or use of the Work
            in a manner inconsistent with the terms of this License Agreement.
            The above applies to the Derivative Work as incorporated in a
            Collective Work, but this does not require the Collective Work
            apart from the Derivative Work itself to be made subject to the
            terms of this License.
          </para>
        </listitem>

        <listitem>
          <para>
            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.
          </para>
        </listitem>

        <listitem>
          <para>
            If you distribute, publicly display, publicly perform, or publicly
            digitally perform the Work or any Derivative Works or Collective
            Works, You must keep intact all copyright notices for the Work and
            give the Original Author credit reasonable to the medium or means
            You are utilizing by conveying the name (or pseudonym if
            applicable) of the Original Author if supplied; the title of the
            Work if supplied; to the extent reasonably practicable, the Uniform
            Resource Identifier, 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 in the
            case of a Derivative Work, a credit identifying the use of the Work
            in the Derivative Work (e.g., "French translation of the Work by
            Original Author," or "Screenplay based on original Work by Original
            Author"). Such credit may be implemented in any reasonable manner;
            provided, however, that in the case of a Derivative Work or
            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.
          </para>
        </listitem>

        <listitem>
          <para>
            For the avoidance of doubt, where the Work is a musical
            composition:
          </para>

          <orderedlist>

            <listitem>
              <para>
                Performance Royalties Under Blanket Licenses. Licensor reserves
                the exclusive right to collect, whether individually or via a
                performance rights society (e.g. ASCAP, BMI, SESAC), royalties
                for the public performance or public digital performance (e.g.
                webcast) of the Work if that performance is primarily intended
                for or directed toward commercial advantage or private monetary
                compensation.
              </para>
            </listitem>

            <listitem>
              <para>
                Mechanical Rights and Statutory Royalties. Licensor reserves
                the exclusive right to collect, whether individually or via a
                music rights agency or designated agent (e.g. Harry Fox
                Agency), royalties    for any phonorecord You create from the
                Work ("cover version") and distribute, subject to the
                compulsory license created by 17 USC Section 115 of the US
                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.  6. Webcasting Rights and Statutory Royalties.
                For the avoidance of doubt, where the Work is a sound
                recording, Licensor reserves the exclusive right to collect,
                whether individually or via a performance-rights society (e.g.
                SoundExchange), royalties for the public digital performance
                (e.g. webcast) of the Work, subject to the compulsory license
                created by 17 USC Section 114 of the US Copyright Act (or the
                equivalent in other jurisdictions), if Your public digital
                performance is primarily intended for or directed toward
                commercial advantage or private monetary compensation.
              </para>
            </listitem>

          </orderedlist>
        </listitem>

        <listitem>
          <para>
            Webcasting Rights and Statutory Royalties. For the avoidance of
            doubt, where the Work is a sound recording, Licensor reserves the
            exclusive right to collect, whether individually or via a
            performance-rights society (e.g.  SoundExchange), royalties for
            the public digital performance (e.g. webcast) of the Work, subject
            to the compulsory license created by 17 USC Section 114 of the US
            Copyright Act (or the equivalent in other jurisdictions), if Your
            public digital performance is primarily intended for or directed
            toward commercial advantage or private monetary compensation.
          </para>
        </listitem>

      </orderedlist>
    </listitem>

    <listitem>
      <para>
        Representations, Warranties and Disclaimer
      </para>

      <para>
        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.
      </para>
    </listitem>

    <listitem>
      <para>
        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.
      </para>
    </listitem>

    <listitem>
      <para>
        Termination
      </para>

      <orderedlist>

        <listitem>
          <para>
            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 Derivative Works or
            Collective Works 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.
          </para>
        </listitem>

        <listitem>
          <para>
            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.
          </para>
        </listitem>

      </orderedlist>
    </listitem>

    <listitem>
      <para>
        Miscellaneous
      </para>

      <orderedlist>

        <listitem>
          <para>
            Each time You distribute or publicly digitally perform the Work or
            a Collective Work, 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.
          </para>
        </listitem>

        <listitem>
          <para>
            Each time You distribute or publicly digitally perform a Derivative
            Work, 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.
          </para>
        </listitem>

        <listitem>
          <para>
            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.
          </para>
        </listitem>

        <listitem>
          <para>
            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.
          </para>
        </listitem>

        <listitem>
          <para>
            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.
          </para>
        </listitem>


      </orderedlist>
    </listitem>
  </orderedlist>

  <important>
    <para>
      Creative Commons is not a party to this License, and makes no warranty
      whatsoever in connection with the Work. Creative Commons will not be
      liable to You or any party on any legal theory for any damages
      whatsoever, including without limitation any general, special, incidental
      or consequential damages arising in connection to this license.
      Notwithstanding the foregoing two (2) sentences, if Creative Commons has
      expressly identified itself as the Licensor hereunder, it shall have all
      rights and obligations of Licensor.
    </para>

    <para>
      Except for the limited purpose of indicating to the public that the Work
      is licensed under the CCPL, neither party will use the trademark
      "Creative Commons" or any related trademark or logo of Creative Commons
      without the prior written consent of Creative Commons. Any permitted use
      will be in compliance with Creative Commons' then-current trademark
      usage guidelines, as may be published on its website or otherwise made
      available upon request from time to time.
    </para>

    <para>
      Creative Commons may be contacted at <ulink url=
      'http://creativecommons.org/'/>.
    </para>
  </important>

</appendix>