1
1
mirror of https://github.com/go-gitea/gitea synced 2024-11-14 06:04:25 +00:00
gitea/options/license/CC-BY-NC-ND-3.0-IGO

296 lines
17 KiB
Plaintext
Raw Normal View History

Attribution-NonCommercial-NoDerivs 3.0 IGO
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT
RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS.
CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND
DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE. THE LICENSOR IS NOT
NECESSARILY AN INTERGOVERNMENTAL ORGANIZATION (IGO), AS DEFINED IN THE LICENSE
BELOW.
License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS
PUBLIC LICENSE ("LICENSE"). THE LICENSOR (DEFINED BELOW) HOLDS COPYRIGHT AND
OTHER RIGHTS IN THE WORK. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER
THIS LICENSE IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO
BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS
CONTAINED HERE IN CONSIDERATION FOR YOUR ACCEPTANCE AND AGREEMENT TO THE TERMS
OF THE LICENSE.
1. Definitions
a. "IGO" means, solely and exclusively for purposes of this License, an organization
established by a treaty or other instrument governed by international law
and possessing its own international legal personality. Other organizations
established to carry out activities across national borders and that accordingly
enjoy immunity from legal process are also IGOs for the sole and exclusive
purposes of this License. IGOs may include as members, in addition to states,
other entities.
b. "Work" means the literary and/or artistic work eligible for copyright protection,
whatever may be the mode or form of its expression including digital form,
and offered under the terms of this License. It is understood that a database,
which by reason of the selection and arrangement of its contents constitutes
an intellectual creation, is considered a Work.
c. "Licensor" means the individual, individuals, entity or entities that offer(s)
the Work under the terms of this License and may be, but is not necessarily,
an IGO.
d. "You" means an individual or entity exercising rights under this License.
e. "Reproduce" means to make a copy of the Work in any manner or form, and
by any means.
f. "Distribute" means the activity of making publicly available the Work (or
copies of the Work), as applicable, by sale, rental, public lending or any
other known form of transfer of ownership or possession of the Work or copy
of the Work.
g. "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.
h. "Adaptation" means a work derived from or based upon the Work, or upon
the Work and other pre-existing works. Adaptations may include works such
as translations, derivative works, or any alterations and arrangements of
any kind involving the Work. For purposes of this License, where the Work
is a musical work, performance, or phonogram, the synchronization of the Work
in timed-relation with a moving image is an Adaptation. For the avoidance
of doubt, including the Work in a Collection is not an Adaptation.
i. "Collection" means a collection of literary or artistic works or other
works or subject matter other than works listed in Section 1(b) 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. For the avoidance of doubt, a Collection will not be considered as
an Adaptation.
2. Scope of this License. Nothing in this License is intended to reduce, limit,
or restrict any uses free from copyright protection.
3. License Grant. Subject to the terms and conditions of this License, the
Licensor hereby grants You a worldwide, royalty-free, non-exclusive license
to exercise the rights in the Work as follows:
a. to Reproduce, Distribute and Publicly Perform the Work, to incorporate
the Work into one or more Collections, and to Reproduce, Distribute and Publicly
Perform the Work as incorporated in the Collections. This License lasts for
the duration of the term of the copyright in the Work licensed by the Licensor.
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,
but otherwise you have no rights to make Adaptations. All rights not expressly
granted by the Licensor are hereby reserved, including but not limited to
the rights set forth in Section 4(d).
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 (see section 8(a)). 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 a Licensor You must, to the extent practicable, remove from
the Collection any credit (inclusive of any logo, trademark, official mark
or official emblem) as required by Section 4(c), as requested.
b. 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 primarily intended for or directed toward commercial advantage
or private monetary compensation, provided there is no payment of any monetary
compensation in connection with the exchange of copyrighted works.
c. If You Distribute, or Publicly Perform the Work or any 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) any attributions that the Licensor indicates
be associated with the Work as indicated in a copyright notice, (ii) the title
of the Work if supplied; (iii) to the extent reasonably practicable, the URI,
if any, that the Licensor specifies to be associated with the Work, unless
such URI does not refer to the copyright notice or licensing information for
the Work. The credit required by this Section 4(c) may be implemented in any
reasonable manner; provided, however, that in the case of a Collection, at
a minimum such credit will appear, if a credit for all contributors to the
Collection appears, then as part of these credits and in a manner at least
as prominent as the credits for the other contributors. 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 Licensor or others designated
for attribution, of You or Your use of the Work, without the separate, express
prior written permission of the Licensor or such others.
d. 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(b) and otherwise waives the right to collect
royalties through any statutory or compulsory licensing scheme; and,
iii. Voluntary License Schemes. To the extent possible, the Licensor waives
the right to collect royalties from You for the exercise of the Licensed Rights,
whether directly or through a collecting society under any voluntary licensing
scheme. In all other cases the Licensor expressly reserves the right to collect
such royalties.
e. Except as otherwise agreed in writing by the Licensor, if You Reproduce,
Distribute or Publicly Perform the Work either by itself or as part of any
Collections, You must not distort, mutilate, modify or take other derogatory
action in relation to the Work which would be prejudicial to the honor or
reputation of the Licensor where moral rights apply.
5. Representations, Warranties and Disclaimer THE 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 ERRORS,
WHETHER OR NOT DISCOVERABLE.
6. Limitation on Liability IN NO EVENT WILL THE 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 THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination
a. Subject to the terms and conditions set forth in this License, the license
granted here lasts for the duration of the term of the copyright in the Work
licensed by the Licensor as stated in Section 3. Notwithstanding the above,
the 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 below.
b. If You fail to comply with this License, then 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 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. Notwithstanding the foregoing, this License reinstates automatically
as of the date the violation is cured, provided it is cured within 30 days
of You discovering the violation, or upon express reinstatement by the Licensor.
For the avoidance of doubt, this Section 7(b) does not affect any rights the
Licensor may have to seek remedies for violations of this License by You.
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. If any provision of this License is invalid or unenforceable, it shall
not affect the validity or enforceability of the remainder of the terms of
this License, and without further action, such provision shall be reformed
to the minimum extent necessary to make such provision valid and enforceable.
c. 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 Licensor.
d. This License constitutes the entire agreement between You and the Licensor
with respect to the Work licensed here. There are no understandings, agreements
or representations with respect to the Work not specified here. The 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.
e. 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). Interpretation of the scope of the rights granted by the
Licensor and the conditions imposed on You under this License, this License,
and the rights and conditions set forth herein shall be made with reference
to copyright as determined in accordance with general principles of international
law, including the above mentioned conventions.
f. Nothing in this License constitutes or may be interpreted as a limitation
upon or waiver of any privileges and immunities that may apply to the Licensor
or You, including immunity from the legal processes of any jurisdiction, national
court or other authority.
g. Where the Licensor is an IGO, any and all disputes arising under this License
that cannot be settled amicably shall be resolved in accordance with the following
procedure:
i. Pursuant to a notice of mediation communicated by reasonable means by either
You or the Licensor to the other, the dispute shall be submitted to non-binding
mediation conducted in accordance with rules designated by the Licensor in
the copyright notice published with the Work, or if none then in accordance
with those communicated in the notice of mediation. The language used in the
mediation proceedings shall be English unless otherwise agreed.
ii. If any such dispute has not been settled within 45 days following the
date on which the notice of mediation is provided, either You or the Licensor
may, pursuant to a notice of arbitration communicated by reasonable means
to the other, elect to have the dispute referred to and finally determined
by arbitration. The arbitration shall be conducted in accordance with the
rules designated by the Licensor in the copyright notice published with the
Work, or if none then in accordance with the UNCITRAL Arbitration Rules as
then in force. The arbitral tribunal shall consist of a sole arbitrator and
the language of the proceedings shall be English unless otherwise agreed.
The place of arbitration shall be where the Licensor has its headquarters.
The arbitral proceedings shall be conducted remotely (e.g., via telephone
conference or written submissions) whenever practicable.
iii. Interpretation of this License in any dispute submitted to mediation
or arbitration shall be as set forth in Section 8(e), above.
Creative Commons Notice
Creative Commons is not a party to this License, and makes no warranty whatsoever
in connection with the Work. Creative Commons will not be liable to You or
any party on any legal theory for any damages whatsoever, including without
limitation any general, special, incidental or consequential damages arising
in connection to this license. Notwithstanding the foregoing two (2) sentences,
if Creative Commons has expressly identified itself as the Licensor hereunder,
it shall have all rights and obligations of the Licensor.
Except for the limited purpose of indicating to the public that the Work is
licensed under the CCPL, Creative Commons does not authorize the use by either
party of the trademark "Creative Commons" or any related trademark or logo
of Creative Commons without the prior written consent of Creative Commons.
Any permitted use will be in compliance with Creative Commons' then-current
trademark usage guidelines, as may be published on its website or otherwise
made available upon request from time to time. For the avoidance of doubt,
this trademark restriction does not form part of this License.
Creative Commons may be contacted at https://creativecommons.org/.