DeforaOS Artwork

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
--------------
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
--------------
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.