Format: https://www.debian.org/doc/packaging-manuals/copyright-format/1.0/
Upstream-Name: hydrogen-drumkits
Source: http://www.hydrogen-music.org/feeds/drumkit_list.php
Files:
drumkits/ElectricEmpireKit.h2drumkit
drumkits/HardElectro1.h2drumkit
drumkits/VariBreaks.h2drumkit
Copyright: Artemiy Pavlov (Artemio) <artemio@artemio.net>
License: GPL-2+
Comment:
License listed in file drumkit.xml inside h2drumkit archive (a gzip
compressed tarball) as "GPL", with a LICENSE file next to it containing
GPL-2.
License-Grant:
Copyright and License confirmed by Artemiy Pavlov via email on 2017-09-18:
> The first three kits [ElectricEmpireKir, HardElectro1, VariBreaks] are
> 100% my original work and I indeed licensed them under GPL back in the
> day. That hasn’t changed.
And in a follow-up on the same day (regarding the actual version of the GPL):
> I don’t know the difference between those licenses’ terms so for my own
> sounds please just pick the one that you think fits your distribution best.
> Honestly, I grant you all rights :-)
Files:
drumkits/Millo-Drums_v.1.h2drumkit
drumkits/Millo_MultiLayered2.h2drumkit
drumkits/Millo_MultiLayered3.h2drumkit
Copyright: Emiliano Grilli (Emillo) <emillo@emillo.net>
License: GPL-2
Comment:
License listed in file drumkit.xml inside h2drumkit archive (a gzip
compressed tarball) as "GPL", with a LICENSE file next to it containing
GPL-2.
.
Copyright assumed from author hints in file drumkit.xml and in upstream
feed URI <http://www.hydrogen-music.org/feeds/drumkit_list.php>.
Files: drumkits/ColomboAcousticDrumkit.h2drumkit
Copyright: 2006, Marcos Guglielmetti <marcospcmusica@gmail.com>
License-Reference:
These sound samples and the hydrogen drumkit are free software; you can
redistribute it and/or modify it under the terms of the GNU General
Public License as published by the Free Software Foundation; either
version 2 of the License, or (at your option) any later version.
License: GPL-2+ with composition exception
As a special exception, if you create a composition which uses these
sound samples and/or the hydrogen drumkit, and mix these sound samples
and/or the hydrogen drumkit or unaltered portions of these sound
samples and/or the hydrogen drumkit into the composition, these sound
samples and/or the hydrogen drumkit do not by themselves cause the
resulting composition to be covered by the GNU General Public License.
.
This exception does not however invalidate any other reasons why the
document might be covered by the GNU General Public License. If you
modify these sound samples and/or the hydrogen drumkit, you may extend
this exception to your version of the sound samples and/or the hydrogen
drumkit, but you are not obligated to do so. If you do not wish to do
so, delete this exception statement from your version.
Comment:
Copyright and license listed in file README inside h2drumkit archive (a
gzip compressed tarball).
Files: drumkits/circAfrique.h2drumkit
Copyright: Jim Harney
License: CC-BY-SA-3.0
Comment:
License listed in file drumkit.xml inside h2drumkit archive (a gzip
compressed tarball).
.
Copyright assumed from author hint in file drumkit.xml.
Files: drumkits/BJA_Pacific.h2drumkit
Copyright: Luc Tunguay
License: CC-BY-SA-3.0-us
Comment:
License listed in file drumkit.xml inside h2drumkit archive (a gzip
compressed tarball).
.
Copyright assumed from author hint in file drumkit.xml.
Files:
drumkits/Gimme?A?Hand?1.0.h2drumkit
drumkits/The?Black?Pearl?1.0.h2drumkit
Copyright: Glen MacArthur
License: GPL-2
Comment:
License listed in file drumkit.xml inside h2drumkit archive (a gzip
compressed tarball) as "GPL".
.
Copyright assumed from author hint in file drumkit.xml.
Files: drumkits/rumpf_kit_z01_h2.h2drumkit
Copyright: Emanuel Rumpf <em-rumpf@gmx.de>
License-Grant:
License is CC-BY - more information:
http://creativecommons.org/licenses/by/3.0/
License: CC-BY-3.0
Source: <https://sf.net/projects/rumpf-kit/>
Comment:
License listed in file README.txt inside h2drumkit archive (a gzip
compressed tarball) as "GPL".
.
Copyright assumed from author hint in file drumkit.xml.
Files: drumkits/belofilms_GuitarStrums.h2drumkit
Copyright: Gabriel Verdugo Soto <belo@belofilms.com>
License: CC-BY-3.0
Comment:
License listed in file drumkit.xml inside h2drumkit archive (a gzip
compressed tarball).
.
Copyright assumed from author hint in file drumkit.xml.
Files: drumkits/Audiophob.h2drumkit
Copyright: soundcloud.com/audiophobdubstep
License-Grant:
This work is licensed under the Creative Commons 0 License.
License: CC0
Comment:
License listed in file drumkit.xml inside h2drumkit archive (a gzip
compressed tarball).
.
Copyright assumed from author hint in file drumkit.xml.
Files:
drumkits/ForzeeStereo.h2drumkit
Copyright: Vladimir Sadovnikov, Alexander Belokurov
License: GPL-2
Comment:
License listed in file drumkit.xml inside h2drumkit archive (a gzip
compressed tarball).
.
Copyright assumed from author hint in file drumkit.xml.
Files: drumkits.json
Copyright: 2015-2017 IOhannes m zmölnig <umlaeute@debian.org>
License: GPL-2+
Files: debian/*
Copyright: 2015-2017 IOhannes m zmölnig <umlaeute@debian.org>
2010-2011 Alessio Treglia <alessio@debian.org>
2006-2007 Free Ekanayaka <freee@debian.org>
2015 Jaromír Mikeš <mira.mikes@seznam.cz>
2017 Jonas Smedegaard <dr@jones.dk>
License-Grant:
This program is free software; you can redistribute it and/or modify it
under the terms of the GNU General Public License as published by the
Free Software Foundation; either version 2, or (at your option) any
later version.
License: GPL-2+
License: GPL-2
License-Reference: /usr/share/common-licenses/GPL-2
License: GPL-2+
License-Reference: /usr/share/common-licenses/GPL-2
License: CC0
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1. Definitions
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a "Adaptation" means a work based upon the Work, or upon the Work and
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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.
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as encyclopedias and anthologies, or performances, phonograms or
broadcasts, or other works or subject matter other than works listed
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arrangement of their contents, constitute intellectual creations, in
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collective whole. A work that constitutes a Collection will not be
considered an Adaptation (as defined below) for the purposes of this
License.
c "Creative Commons Compatible License" means a license that is listed
at https://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.
d "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.
e "License Elements" means the following high-level license attributes
as selected by Licensor and indicated in the title of this License:
Attribution, ShareAlike.
f "Licensor" means the individual, individuals, entity or entities
that offer(s) the Work under the terms of this License.
g "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.
h "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.
i "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.
j "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.
k "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.
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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.
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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.
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 waives
the exclusive right to collect such royalties for any exercise
by You of the rights granted under this License; and,
iii. 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.
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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.
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4. Restrictions. The license granted in Section 3 above is expressly
made subject to and limited by the following restrictions:
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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(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.
b 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.
c 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.
d 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
.
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.
License: CC-BY-SA-3.0-us
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.
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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 "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 one or more 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.
b "Creative Commons Compatible License" means a license that is listed
at https://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 derivatives of works made available under that
license under this License or either a Creative Commons unported
license or a Creative Commons jurisdiction license with the same
License Elements as this License.
c "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.
d "License Elements" means the following high-level license attributes
as selected by Licensor and indicated in the title of this License:
Attribution, ShareAlike.
e "Licensor" means the individual, individuals, entity or entities
that offers the Work under the terms of this License.
f "Original Author" means the individual, individuals, entity or
entities who created the Work.
g "Work" means the copyrightable work of authorship offered under the
terms of this License.
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.
.
2. 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.
.
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
Collective Works, and to reproduce the Work as incorporated in the
Collective Works;
b to create and reproduce Derivative Works provided that any such
Derivative Work, 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 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;
d to distribute copies or phonorecords of, display publicly, perform
publicly, and perform publicly by means of a digital audio
transmission Derivative Works.
e For the avoidance of doubt, where the Work is a musical composition:
i. Performance Royalties Under Blanket Licenses. Licensor waives the
exclusive right to collect, whether individually or, in the event
that Licensor is a member of a performance rights society (e.g.
ASCAP, BMI, SESAC), via that society, royalties for the public
performance or public digital performance (e.g. webcast) of the
Work.
ii. Mechanical Rights and Statutory Royalties. Licensor waives 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).
iii. Webcasting Rights and Statutory Royalties. For the avoidance of
doubt, where the Work is a sound recording, Licensor waives 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).
.
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.
.
4. Restrictions. The license granted in Section 3 above is expressly
made subject to and limited by the following restrictions:
.
a 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 restrict the terms of this License or the ability of a
recipient of the Work to exercise of 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. When You distribute, publicly
display, publicly perform, or publicly digitally perform the Work,
You may not impose any technological measures on the Work that
restrict the ability of a recipient of the Work from You to exercise
of the rights granted to that recipient under the terms of the
License. This Section 4(a) 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 credit as required by Section 4(c), 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 credit as required by Section 4(c), as
requested.
b You may distribute, publicly display, publicly perform, or publicly
digitally perform a Derivative Work only under: (i) the terms of
this License; (ii) a later version of this License with the same
License Elements as this License; (iii) either the Creative Commons
(Unported) license or 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
(Unported)); (iv) a Creative Commons Compatible License. If you
license the Derivative Work under one of the licenses mentioned in
(iv), you must comply with the terms of that license. If you license
the Derivative Work 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 with the
following provisions: (I) You must include a copy of, or the Uniform
Resource Identifier for, the Applicable License with every copy or
phonorecord of each Derivative Work You distribute, publicly
display, publicly perform, or publicly digitally perform; (II) You
may not offer or impose any terms on the Derivative Works that
restrict the terms of the Applicable License or the ability of a
recipient of the Work 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; and, (IV) when You distribute,
publicly display, publicly perform, or publicly digitally perform
the Work, You may not impose any technological measures on the
Derivative Work that restrict the ability of a recipient of the
Derivative Work from You to exercise the rights granted to that
recipient under the terms of the Applicable License. This Section
4(b) 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 the
Applicable License.
c If You distribute, publicly display, publicly perform, or publicly
digitally perform the Work (as defined in Section 1 above) or any
Derivative Works (as defined in Section 1 above) or Collective Works
(as defined in Section 1 above), 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 (ii) 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; 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,
consistent with Section 3(b) 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"). The credit required by
this Section 4(c) 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, if a credit
for all contributing authors of the Derivative Work or Collective
Work 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.
.
5. Representations, Warranties and Disclaimer
.
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
OFFERS THE WORK AS-IS AND ONLY TO THE EXTENT OF ANY RIGHTS HELD IN THE
LICENSED WORK BY THE LICENSOR. THE LICENSOR MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE,
MARKETABILITY, 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
.
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 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.
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 digitally perform the Work (as
defined in Section 1 above) or a Collective Work (as defined in
Section 1 above), 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 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.
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
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