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LICENSE
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Copyright (c) 2019-2020 Yoshihisa Masaki
Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International Public License
By exercising the Licensed Rights (defined below), You accept and agree to be
bound by the terms and conditions of this Creative Commons
Attribution-NonCommercial-NoDerivatives 4.0 International Public License
("Public License"). To the extent this Public License may be interpreted as a
contract, You are granted the Licensed 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
Licensed 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 Licensed Material and in which
the Licensed 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
License, where the Licensed Material is a musical work, performance, or
sound recording, Adapted Material is always produced where the Licensed
Material is synched in timed relation with a moving image.
b. 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 License, the rights specified in Section
2(b)(1)-(2) are not Copyright and Similar Rights.
c. 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.
d. 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 Licensed Material.
e. Licensed Material means the artistic or literary work, database, or
other material to which the Licensor applied this Public License.
f. Licensed Rights means the rights granted to You subject to the terms
and conditions of this Public License, which are limited to all
Copyright and Similar Rights that apply to Your use of the Licensed
Material and that the Licensor has authority to license.
g. Licensor means the individual(s) or entity(ies) granting rights under
this Public License.
h. NonCommercial means not primarily intended for or directed towards
commercial advantage or monetary compensation. For purposes of this
Public License, the exchange of the Licensed Material for other
material subject to Copyright and Similar Rights by digital
file-sharing or similar means is NonCommercial provided there is no
payment of monetary compensation in connection with the exchange.
i. Share means to provide material to the public by any means or process
that requires permission under the Licensed 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 Licensed Rights under
this Public License. Your has a corresponding meaning.
Section 2 – Scope.
a. License grant.
1. Subject to the terms and conditions of this Public License, the
Licensor hereby grants You a worldwide, royalty-free,
non-sublicensable, non-exclusive, irrevocable license to exercise
the Licensed Rights in the Licensed Material to:
A. reproduce and Share the Licensed Material, in whole or in part,
for NonCommercial purposes only; and
B. produce and reproduce, but not Share, Adapted Material for
NonCommercial purposes only.
2. Exceptions and Limitations. For the avoidance of doubt, where
Exceptions and Limitations apply to Your use, this Public License
does not apply, and You do not need to comply with its terms and
conditions.
3. Term. The term of this Public License is specified in Section 6(a).
4. Media and formats; technical modifications allowed. The Licensor
authorizes You to exercise the Licensed 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
Licensed Rights, including technical modifications necessary to
circumvent Effective Technological Measures. For purposes of this
Public License, simply making modifications authorized by this
Section 2(a)(4) never produces Adapted Material.
5. Downstream recipients.
A. Offer from the Licensor – Licensed Material. Every recipient of
the Licensed Material automatically receives an offer from the
Licensor to exercise the Licensed Rights under the terms and
conditions of this Public License.
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 Licensed Material if
doing so restricts exercise of the Licensed Rights by any
recipient of the Licensed Material.
6. No endorsement. Nothing in this Public License constitutes or may
be construed as permission to assert or imply that You are, or that
Your use of the Licensed 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 License, 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 Licensed Rights, but not otherwise.
2. Patent and trademark rights are not licensed under this Public
License.
3. To the extent possible, the Licensor waives any right to collect
royalties from You for the exercise of the Licensed 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, including when the Licensed Material is used other than
for NonCommercial purposes.
Section 3 – License Conditions.
Your exercise of the Licensed Rights is expressly made subject to the following conditions.
a. Attribution.
1. If You Share the Licensed Material, You must:
A. retain the following if it is supplied by the Licensor with the
Licensed Material:
i. identification of the creator(s) of the Licensed 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 License;
iv. a notice that refers to the disclaimer of warranties;
v. a URI or hyperlink to the Licensed Material to the extent
reasonably practicable;
B. indicate if You modified the Licensed Material and retain an
indication of any previous modifications; and
C. indicate the Licensed Material is licensed under this Public
License, and include the text of, or the URI or hyperlink to,
this Public License.
For the avoidance of doubt, You do not have permission under this
Public License to Share Adapted Material.
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 Licensed 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.
Section 4 – Sui Generis Database Rights.
Where the Licensed Rights include Sui Generis Database Rights that apply to
Your use of the Licensed 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 for NonCommercial purposes only and
provided You do not Share Adapted Material;
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 License where the Licensed 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 Licensed Material as-is and
as-available, and makes no representations or warranties of any kind
concerning the Licensed 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.
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 License or use of the Licensed 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 License applies for the term of the Copyright and Similar
Rights licensed here. However, if You fail to comply with this Public
License, then Your rights under this Public License terminate
automatically.
b. Where Your right to use the Licensed 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 License.
c. For the avoidance of doubt, the Licensor may also offer the Licensed
Material under separate terms or conditions or stop distributing the
Licensed Material at any time; however, doing so will not terminate
this Public License.
d. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.
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 Licensed
Material not stated herein are separate from and independent of the
terms and conditions of this Public License.
Section 8 – Interpretation.
a. For the avoidance of doubt, this Public License does not, and shall not
be interpreted to, reduce, limit, restrict, or impose conditions on any
use of the Licensed Material that could lawfully be made without
permission under this Public License.
b. To the extent possible, if any provision of this Public License 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 License without
affecting the enforceability of the remaining terms and conditions.
c. No term or condition of this Public License will be waived and no
failure to comply consented to unless expressly agreed to by the Licensor.
d. Nothing in this Public License 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.