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cc-by-nc-nd-2.0-au
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CC-BY-NC-ND-2.0-AU
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Creative Commons Attribution Non-Commercial No Derivatives License 2.0 Austrialis
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Source-available
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Creative Commons
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https://creativecommons.org/licenses/by-nc-nd/2.0/au/
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LicenseRef-scancode-cc-by-nc-nd-2.0-au
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license_text
Attribution-NonCommercial-NoDerivs 2.0 Australia
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE
LEGAL SERVICES. DISTRIBUTION OF THIS LICENCE 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.
Licence
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
COMMONS PUBLIC LICENCE ("CCPL" OR "LICENCE"). THE WORK IS PROTECTED BY
COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
AUTHORISED UNDER THIS LICENCE AND/OR APPLICABLE LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE
TO BE BOUND BY THE TERMS OF THIS LICENCE. THE LICENSOR GRANTS YOU THE
RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS
AND CONDITIONS.
1. Definitions
"Collective Work" means a work, such as a periodical issue, anthology or
encyclopaedia, in which the Work in its entirety in unmodified form,
along with a number of 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 Licence.
"Derivative Work" means a work that reproduces a substantial part of the
Work, or of the Work and other pre-existing works protected by
copyright, or that is an adaptation of a Work that is a literary,
dramatic, musical or artistic work. Derivative Works include a
translation, musical arrangement, dramatisation, motion picture version,
sound recording, art reproduction, abridgment, condensation, or any
other form in which a work may be adapted, except that a work that
constitutes a Collective Work will not be considered a Derivative Work
for the purpose of this Licence. 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 Licence.
"Licensor" means the individual or entity that offers the Work under the
terms of this Licence.
"Moral rights law" means laws under which an individual who creates a
work protected by copyright has rights of integrity of authorship of the
work, rights of attribution of authorship of the work, rights not to
have authorship of the work falsely attributed, or rights of a similar
or analogous nature in the work anywhere in the world.
"Original Author" means the individual or entity who created the Work.
"Work" means the work or other subject-matter protected by copyright
that is offered under the terms of this Licence, which may include
(without limitation) a literary, dramatic, musical or artistic work, a
sound recording, cinematograph film, a published edition of a literary,
dramatic, musical or artistic work or a television or sound broadcast.
"You" means an individual or entity exercising rights under this Licence
who has not previously violated the terms of this Licence with respect
to the Work, or who has received express permission from the Licensor to
exercise rights under this Licence despite a previous violation.
"Licence Elements" means the following high-level licence attributes as
selected by Licensor and indicated in the title of this Licence:
Attribution, NonCommercial, NoDerivatives, ShareAlike.
2. Fair Dealing and Other Rights.
Nothing in this Licence excludes or modifies, or is intended to exclude
or modify, (including by reducing, limiting, or restricting) the rights
of You or others to use the Work arising from fair dealings or other
limitations on the rights of the copyright owner or the Original Author
under copyright law, moral rights law or other applicable laws.
3. Licence Grant.
Subject to the terms and conditions of this Licence, Licensor hereby
grants You a worldwide, royalty-free, non-exclusive, perpetual (for the
duration of the applicable copyright) licence to exercise the rights in
the Work as stated below:
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;
to publish, communicate to the public, distribute copies or records of,
exhibit or display publicly, perform publicly and perform publicly by
means of a digital audio transmission the Work including as incorporated
in Collective Works;
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
under this Licence are hereby reserved, including but not limited to the
rights set forth in Sections 4(d) and 4(e).
4. Restrictions.
The licence granted in Section 3 above is expressly made subject to and
limited by the following restrictions:
You may publish, communicate to the public, distribute, publicly exhibit
or display, publicly perform, or publicly digitally perform the Work
only under the terms of this Licence, and You must include a copy of, or
the Uniform Resource Identifier for, this Licence with every copy or
record of the Work You publish, communicate to the public, distribute,
publicly exhibit or display, publicly perform or publicly digitally
perform. You may not offer or impose any terms on the Work that exclude,
alter or restrict the terms of this Licence or the recipients' exercise
of the rights granted hereunder. You may not sublicense the Work. You
must keep intact all notices that refer to this Licence and to the
disclaimer of representations and warranties. You may not publish,
communicate to the public, distribute, publicly exhibit or display,
publicly perform, or publicly digitally perform the Work with any
technological measures that control access or use of the Work in a
manner inconsistent with the terms of this Licence. The above 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 Licence. If You create a Collective Work, upon notice from
any Licensor You must, to the extent practicable, remove from the
Collective Work any reference to such Licensor or the Original Author,
as requested.
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 connection with the exchange
of copyrighted works.
If you publish, communicate to the public, distribute, publicly exhibit
or display, publicly perform, or publicly digitally perform the Work or
any Collective Works, You must keep intact all copyright notices for the
Work. You must also give the Original Author clear and reasonably
prominent credit, and (if applicable) that credit must be given in the
particular way made known by the Original Author and otherwise as
reasonable to the medium or means You are utilizing, by conveying the
identity (such as by name or pseudonym if applicable) of the Original
Author if supplied; 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.
Such credit may be implemented in any reasonable manner; provided,
however, that in the case of a Collective Work, at a minimum such credit
will appear where any other comparable authorship credit appears and in
a manner at least as prominent as such other comparable authorship
credit.
For the avoidance of doubt, where the Work is a musical composition:
Performance Royalties Under Blanket Licences. Licensor reserves the
exclusive right to collect, whether individually or via a performance
rights society (e.g. ASCAP, BMI, SESAC), royalties for the communication
to the public, broadcast, public performance or public digital
performance (e.g. webcast) of the Work if that performance is primarily
intended for or directed toward commercial advantage or private monetary
compensation.
Mechanical Rights and Statutory Royalties. Licensor reserves the
exclusive right to collect, whether individually or via a music rights
agency, designated agent (e.g. Harry Fox Agency) or a music publisher,
royalties for any record You create from the Work ("cover version") and
distribute, subject to the compulsory licence created by 17 USC Section
115 of the US Copyright Act (or an equivalent statutory licence under
the Australian Copyright Act or in other jurisdictions), if Your
distribution of such cover version is primarily intended for or directed
toward commercial advantage or private monetary compensation.
Webcasting Rights and Statutory Royalties. For the avoidance of doubt,
where the Work is a sound recording, Licensor reserves 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
licence created by 17 USC Section 114 of the US Copyright Act (or the
equivalent in other jurisdictions), if Your public digital performance
is primarily intended for or directed toward commercial advantage or
private monetary compensation.
False attribution prohibited. Except as otherwise agreed in writing by
the Licensor, if You publish, communicate to the public, distribute,
publicly exhibit or display, publicly perform, or publicly digitally
perform the Work or any Collective Works in accordance with this
Licence, You must not falsely attribute the Work to someone other than
the Original Author.
Prejudice to honour or reputation prohibited. Except as otherwise agreed
in writing by the Licensor, if you publish, communicate to the public,
distribute, publicly exhibit or display, publicly perform, or publicly
digitally perform the Work or any Collective Works, You must not do
anything that results in a material distortion of, the mutilation of, or
a material alteration to, the Work that is prejudicial to the Original
Author's honour or reputation, and You must not do anything else in
relation to the Work that is prejudicial to the Original Author's honour
or reputation.
5. Disclaimer.
EXCEPT AS EXPRESSLY STATED IN THIS LICENCE OR OTHERWISE MUTUALLY AGREED
TO BY THE PARTIES IN WRITING, AND TO THE FULL EXTENT PERMITTED BY
APPLICABLE LAW, LICENSOR OFFERS THE WORK "AS-IS" AND MAKES NO
REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND CONCERNING THE
WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE
CONTENTS OR ACCURACY OF THE WORK, OR OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, THE ABSENCE OF LATENT OR
OTHER DEFECTS, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT
DISCOVERABLE.
6. Limitation on Liability.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR ANY
LIABILITY ARISING FROM CONTRARY MUTUAL AGREEMENT AS REFERRED TO IN
SECTION 5, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL
THEORY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) FOR ANY LOSS OR
DAMAGE WHATSOEVER, INCLUDING (WITHOUT LIMITATION) LOSS OF PRODUCTION OR
OPERATION TIME, LOSS, DAMAGE OR CORRUPTION OF DATA OR RECORDS; OR LOSS
OF ANTICIPATED SAVINGS, OPPORTUNITY, REVENUE, PROFIT OR GOODWILL, OR
OTHER ECONOMIC LOSS; OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE
OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS LICENCE
OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
If applicable legislation implies warranties or conditions, or imposes
obligations or liability on the Licensor in respect of this Licence that
cannot be wholly or partly excluded, restricted or modified, the
Licensor's liability is limited, to the full extent permitted by the
applicable legislation, at its option, to:
in the case of goods, any one or more of the following:
the replacement of the goods or the supply of equivalent goods;
the repair of the goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods;
the payment of the cost of having the goods repaired; or
in the case of services:
the supplying of the services again; or
the payment of the cost of having the services supplied again.
7. Termination.
This Licence and the rights granted hereunder will terminate
automatically upon any breach by You of the terms of this Licence.
Individuals or entities who have received Collective Works from You
under this Licence, however, will not have their licences terminated
provided such individuals or entities remain in full compliance with
those licences. Sections 1, 2, 5, 6, 7, and 8 will survive any
termination of this Licence.
Subject to the above terms and conditions, the licence 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 licence terms or to stop distributing the Work at
any time; provided, however that any such election will not serve to
withdraw this Licence (or any other licence that has been, or is
required to be, granted under the terms of this Licence), and this
Licence will continue in full force and effect unless terminated as
stated above.
8. Miscellaneous.
Each time You publish, communicate to the public, distribute or publicly
digitally perform the Work or a Collective Work, the Licensor offers to
the recipient a licence to the Work on the same terms and conditions as
the licence granted to You under this Licence.
If any provision of this Licence is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this Licence, 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 Licence 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 Licence constitutes the entire agreement between the parties with
respect to the Work licensed here. To the full extent permitted by
applicable law, 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 Licence may not be modified without the
mutual written agreement of the Licensor and You.
The construction, validity and performance of this Licence shall be
governed by the laws in force in New South Wales, Australia.