gitea/options/license/CC-BY-NC-SA-3.0

Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported

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1. Definitions

a. "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.

b. "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.

c. "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.

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

e. "Licensor" means the individual, individuals, entity or entities that offer(s)
the Work under the terms of this License.

f. "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.

g. "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.

h. "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.

i. "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.

j. "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:

a. to Reproduce the Work, to incorporate the Work into one or more Collections,
and to Reproduce the Work as incorporated in the Collections;

b. 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.";

c. to Distribute and Publicly Perform the Work including as incorporated in
Collections; and,

     d. 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:

a. 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.

b. 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.

c. 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.

d. 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.

     e. For the avoidance of doubt:

i. 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;

ii. 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,

iii. 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).

f. 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

a. 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.

b. 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

a. 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.

b. 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.

c. 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.

d. 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.

e. 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.

f. 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.

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