End User Licence Agreement
26 February 2016
By exercising the Licenced Rights (defined below), You accept and agree to be bound by the terms and conditions of this Licence ("Public Licence"). To the extent this Public Licence may be interpreted as a contract, You are granted the Licenced Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licenced Material available under these terms and conditions.
Section 1 – Definitions.
a. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licenced Material and in which the Licenced Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public Licence, where the Licenced Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licenced Material is synched in timed relation with a moving image.
b. Adapter's Licence means the licence You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public Licence.
c. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public Licence, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
d. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
e. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licenced Material.
f. Licenced Material means the artistic or literary work, database, or other material to which the Licensor applied this Public Licence.
g. Licenced Rights means the rights granted to You subject to the terms and conditions of this Public Licence, which are limited to all Copyright and Similar Rights that apply to Your use of the Licenced Material and that the Licensor has authority to license.
h. Licensor means the individual(s) or entity(ies) granting rights under this Public Licence.
i. Share means to provide material to the public by any means or process that requires permission under the Licenced Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
j. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
k. You means the individual or entity exercising the Licenced Rights under this Public Licence. Your has a corresponding meaning.
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Section 2 – Scope.
a. Licence grant.
1. Subject to the terms and conditions of this Public Licence, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable licence to exercise the Licenced Rights in the Licenced Material to:
A. reproduce and Share the Licenced Material, in whole or in part; and
B. produce, reproduce, and Share Adapted Material.
2. Use restriction. You must not use the Licensed Material for the generation of an address or a compilation of addresses for the sending of mail unless You have verified that each address to be used for the sending of mail is capable of receiving mail by reference to a secondary source of information other than the Licensed Material.
3. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public Licence does not apply, and You do not need to comply with its terms and conditions.
4. Term. The term of this Public Licence is specified in Section 6(a).
5. Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licenced Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licenced Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public Licence, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.
6. Downstream recipients.
A. Offer from the Licensor – Licenced Material. Every recipient of the Licenced Material automatically receives an offer from the Licensor to exercise the Licenced Rights under the terms and conditions of this Public Licence.
B. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licenced Material if doing so restricts exercise of the Licenced Rights by any recipient of the Licenced Material.
7. No endorsement. Nothing in this Public Licence constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licenced Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i).
b. Other rights.
1. Moral rights, such as the right of integrity, are not licensed under this Public Licence, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licenced Rights, but not otherwise.
2. Patent and trademark rights are not licensed under this Public Licence.
3. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licenced Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties.
26 February 2016
Section 3 – Licence Conditions.
Your exercise of the Licenced Rights is expressly made subject to the following conditions.
1. If You Share the Licenced Material (including in modified form), You must:
A. retain the following if it is supplied by the Licensor with the Licenced Material:
i. identification of the creator(s) of the Licenced Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
ii. a copyright notice;
iii. a notice that refers to this Public Licence;
iv. a notice that refers to the disclaimer of warranties;
v. a URI or hyperlink to the Licenced Material to the extent reasonably practicable;
B. indicate if You modified the Licenced Material and retain an indication of any previous modifications; and
C. indicate the Licenced Material is licensed under this Public Licence, and include the text of, or the URI or hyperlink to, this Public Licence.
2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licenced Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
4. If You Share Adapted Material You produce, the Adapter's Licence You apply must not prevent recipients of the Adapted Material from complying with this Public Licence.
Section 4 – Sui Generis Database Rights.
Where the Licenced Rights include Sui Generis Database Rights that apply to Your use of the Licenced Material:
a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database;
b. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material; and
c. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database. For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public Licence where the Licenced Rights include other Copyright and Similar Rights.
Section 5 – Disclaimer of Warranties and Limitation of Liability.
a. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licenced Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licenced Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
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b. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public Licence or use of the Licenced Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
c. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
Section 6 – Term and Termination.
a. This Public Licence applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public Licence, then Your rights under this Public Licence terminate automatically.
b. Where Your right to use the Licenced Material has terminated under Section 6(a), it reinstates:
1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
2. upon express reinstatement by the Licensor. For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public Licence.
c. For the avoidance of doubt, the Licensor may also offer the Licenced Material under separate terms or conditions or stop distributing the Licenced Material at any time; however, doing so will not terminate this Public Licence.
d. Sections 1, 5, 6, 7, and 8 survive termination of this Public Licence.
Section 7 – Other Terms and Conditions.
a. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
b. Any arrangements, understandings, or agreements regarding the Licenced Material not stated herein are separate from and independent of the terms and conditions of this Public Licence.
Section 8 – Interpretation.
a. For the avoidance of doubt, this Public Licence does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licenced Material that could lawfully be made without permission under this Public Licence.
b. To the extent possible, if any provision of this Public Licence is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public Licence without affecting the enforceability of the remaining terms and conditions.
c. No term or condition of this Public Licence will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
d. Nothing in this Public Licence constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.