Commercial-Derivative 1.0 International Public License

By exercising the Licensed Rights (defined below), You accept and agree

to be bound by the terms and conditions of this Commercial Musical

Derivative 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 NOT produced where the only modification to

 the Licensed Material is synching in timed relation with a moving

 image. In all cases the Adapted Material must constitute a

 meaningful artistic modification of the Licensed Material. For

 instance, where the Licensed Material is a musical work,

 performance, or sound recording, this includes, but is not limited

 to, remixes and re-recordings ("covers") of the Licensed Work, and

 does NOT include remasters of the Licensed Work.

b. Adapter's License means the license You apply to Your Copyright

 and Similar Rights in Your contributions to Adapted Material in

 accordance with the terms and conditions of this Public License.

c. Commercial-Derivative Compatible License means a license listed at

 ellie.clifford.lol/licenses/commercial-derivative-compatible,

 approved by the Licensor as essentially acceptible to use with

 this Public License.

d. Copyright and Similar Rights means copyright and/or similar rights

 closely related to copyright including, without limitation,

 performance, broadcast, and sound recording, 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.

e. 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.

f. 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.

g. Licensed Material means the artistic or literary work, or other

 material to which the Licensor applied this Public License.

h. 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.

i. Licensor means the individual(s) or entity(ies) granting rights

 under this Public License.

j. 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.

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. produce, reproduce, and Share Adapted Material.

   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. Additional offer from the Licensor -- Adapted Material.

           Every recipient of Adapted Material from You

           automatically receives an offer from the Licensor to

           exercise the Licensed Rights in the Adapted Material

           under the conditions of the Adapter's License You apply.

        c. 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.

Section 3 -- License Conditions.

Your exercise of the Licensed Rights is expressly made subject to the

following conditions.

a. Attribution.

   1. If You Share Adapted 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.

   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.

b. ShareAlike.

 In addition to the conditions in Section 3(a), if You Share

 Adapted Material You produce, the following conditions also apply.

   1. The Adapter's License You apply must be a dual Creative Commons

      Attribution-NonCommercial-ShareAlike and Commercial-Derivative

      license, this version or later, or a Commercial-Derivative Compatible

      License.

   2. You must include the text of, or the URI or hyperlink to, the

      Adapter's License You apply. You may satisfy this condition

      in any reasonable manner based on the medium, means, and

      context in which You Share Adapted Material.

   3. You may not offer or impose any additional or different terms

      or conditions on, or apply any Effective Technological

      Measures to, Adapted Material that restrict exercise of the

      rights granted under the Adapter's License You apply.

Section 4 -- 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 5 -- 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 5(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 5(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, 4, 5, 6, and 7 survive termination of this Public

 License.

Section 6 -- 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 7 -- 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.

Proxy Information
Original URL
gemini://ellie.clifford.lol/licenses/commercial-derivative-1.0.txt
Status Code
Success (20)
Meta
text/plain; charset=us-ascii
Capsule Response Time
299.070596 milliseconds
Gemini-to-HTML Time
2.419292 milliseconds

This content has been proxied by September (ba2dc).