diff --git a/LICENSE-CC-BY-ND.md b/LICENSE-CC-BY-ND.md new file mode 100644 index 0000000..503710e --- /dev/null +++ b/LICENSE-CC-BY-ND.md @@ -0,0 +1,155 @@ +# Creative Commons Attribution-NoDerivatives 4.0 International + +Creative Commons Corporation (“Creative Commons”) is not a law firm and does not provide legal services or legal advice. Distribution of Creative Commons public licenses does not create a lawyer-client or other relationship. Creative Commons makes its licenses and related information available on an “as-is” basis. Creative Commons gives no warranties regarding its licenses, any material licensed under their terms and conditions, or any related information. Creative Commons disclaims all liability for damages resulting from their use to the fullest extent possible. + +**Using Creative Commons Public Licenses** + +Creative Commons public licenses provide a standard set of terms and conditions that creators and other rights holders may use to share original works of authorship and other material subject to copyright and certain other rights specified in the public license below. The following considerations are for informational purposes only, are not exhaustive, and do not form part of our licenses. + +- **Considerations for licensors:** Our public licenses are intended for use by those authorized to give the public permission to use material in ways otherwise restricted by copyright and certain other rights. Our licenses are irrevocable. Licensors should read and understand the terms and conditions of the license they choose before applying it. Licensors should also secure all rights necessary before applying our licenses so that the public can reuse the material as expected. Licensors should clearly mark any material not subject to the license. This includes other CC-licensed material, or material used under an exception or limitation to copyright. [More considerations for licensors](http://wiki.creativecommons.org/Considerations_for_licensors_and_licensees#Considerations_for_licensors). + +- **Considerations for the public:** By using one of our public licenses, a licensor grants the public permission to use the licensed material under specified terms and conditions. If the licensor’s permission is not necessary for any reason–for example, because of any applicable exception or limitation to copyright–then that use is not regulated by the license. Our licenses grant only permissions under copyright and certain other rights that a licensor has authority to grant. Use of the licensed material may still be restricted for other reasons, including because others have copyright or other rights in the material. A licensor may make special requests, such as asking that all changes be marked or described. Although not required by our licenses, you are encouraged to respect those requests where reasonable. [More considerations for the public](http://wiki.creativecommons.org/Considerations_for_licensors_and_licensees#Considerations_for_licensees). + +## Creative Commons Attribution-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-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. **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. + +i. **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. + +j. **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; and + + B. produce and reproduce, but not 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. **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 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, 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. + +> Creative Commons is not a party to its public licenses. Notwithstanding, Creative Commons may elect to apply one of its public licenses to material it publishes and in those instances will be considered the “Licensor.” Except for the limited purpose of indicating that material is shared under a Creative Commons public license or as otherwise permitted by the Creative Commons policies published at [creativecommons.org/policies](http://creativecommons.org/policies), Creative Commons does not authorize the use of the trademark “Creative Commons” or any other trademark or logo of Creative Commons without its prior written consent including, without limitation, in connection with any unauthorized modifications to any of its public licenses or any other arrangements, understandings, or agreements concerning use of licensed material. For the avoidance of doubt, this paragraph does not form part of the public licenses. +> +> Creative Commons may be contacted at creativecommons.org diff --git a/LICENSE.md b/LICENSE.md new file mode 100644 index 0000000..512ebd3 --- /dev/null +++ b/LICENSE.md @@ -0,0 +1,172 @@ +Open Software License ("OSL") v. 3.0 + +This Open Software License (the "License") applies to any original work of +authorship (the "Original Work") whose owner (the "Licensor") has placed the +following licensing notice adjacent to the copyright notice for the Original +Work: + + Licensed under the Open Software License version 3.0 + +1) Grant of Copyright License. Licensor grants You a worldwide, royalty-free, +non-exclusive, sublicensable license, for the duration of the copyright, to do +the following: + + a) to reproduce the Original Work in copies, either alone or as part of a + collective work; + + b) to translate, adapt, alter, transform, modify, or arrange the Original + Work, thereby creating derivative works ("Derivative Works") based upon the + Original Work; + + c) to distribute or communicate copies of the Original Work and Derivative + Works to the public, with the proviso that copies of Original Work or + Derivative Works that You distribute or communicate shall be licensed under + this Open Software License; + + d) to perform the Original Work publicly; and + + e) to display the Original Work publicly. + +2) Grant of Patent License. Licensor grants You a worldwide, royalty-free, +non-exclusive, sublicensable license, under patent claims owned or controlled +by the Licensor that are embodied in the Original Work as furnished by the +Licensor, for the duration of the patents, to make, use, sell, offer for sale, +have made, and import the Original Work and Derivative Works. + +3) Grant of Source Code License. The term "Source Code" means the preferred +form of the Original Work for making modifications to it and all available +documentation describing how to modify the Original Work. Licensor agrees to +provide a machine-readable copy of the Source Code of the Original Work along +with each copy of the Original Work that Licensor distributes. Licensor +reserves the right to satisfy this obligation by placing a machine-readable +copy of the Source Code in an information repository reasonably calculated to +permit inexpensive and convenient access by You for as long as Licensor +continues to distribute the Original Work. + +4) Exclusions From License Grant. Neither the names of Licensor, nor the names +of any contributors to the Original Work, nor any of their trademarks or +service marks, may be used to endorse or promote products derived from this +Original Work without express prior permission of the Licensor. Except as +expressly stated herein, nothing in this License grants any license to +Licensor's trademarks, copyrights, patents, trade secrets or any other +intellectual property. No patent license is granted to make, use, sell, offer +for sale, have made, or import embodiments of any patent claims other than the +licensed claims defined in Section 2. No license is granted to the trademarks +of Licensor even if such marks are included in the Original Work. Nothing in +this License shall be interpreted to prohibit Licensor from licensing under +terms different from this License any Original Work that Licensor otherwise +would have a right to license. + +5) External Deployment. The term "External Deployment" means the use, +distribution, or communication of the Original Work or Derivative Works in any +way such that the Original Work or Derivative Works may be used by anyone +other than You, whether those works are distributed or communicated to those +persons or made available as an application intended for use over a network. +As an express condition for the grants of license hereunder, You must treat +any External Deployment by You of the Original Work or a Derivative Work as a +distribution under section 1(c). + +6) Attribution Rights. You must retain, in the Source Code of any Derivative +Works that You create, all copyright, patent, or trademark notices from the +Source Code of the Original Work, as well as any notices of licensing and any +descriptive text identified therein as an "Attribution Notice." You must cause +the Source Code for any Derivative Works that You create to carry a prominent +Attribution Notice reasonably calculated to inform recipients that You have +modified the Original Work. + +7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that +the copyright in and to the Original Work and the patent rights granted herein +by Licensor are owned by the Licensor or are sublicensed to You under the +terms of this License with the permission of the contributor(s) of those +copyrights and patent rights. Except as expressly stated in the immediately +preceding sentence, the Original Work is provided under this License on an "AS +IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without +limitation, the warranties of non-infringement, merchantability or fitness for +a particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK +IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this +License. No license to the Original Work is granted by this License except +under this disclaimer. + +8) Limitation of Liability. Under no circumstances and under no legal theory, +whether in tort (including negligence), contract, or otherwise, shall the +Licensor be liable to anyone for any indirect, special, incidental, or +consequential damages of any character arising as a result of this License or +the use of the Original Work including, without limitation, damages for loss +of goodwill, work stoppage, computer failure or malfunction, or any and all +other commercial damages or losses. This limitation of liability shall not +apply to the extent applicable law prohibits such limitation. + +9) Acceptance and Termination. If, at any time, You expressly assented to this +License, that assent indicates your clear and irrevocable acceptance of this +License and all of its terms and conditions. If You distribute or communicate +copies of the Original Work or a Derivative Work, You must make a reasonable +effort under the circumstances to obtain the express assent of recipients to +the terms of this License. This License conditions your rights to undertake +the activities listed in Section 1, including your right to create Derivative +Works based upon the Original Work, and doing so without honoring these terms +and conditions is prohibited by copyright law and international treaty. +Nothing in this License is intended to affect copyright exceptions and +limitations (including "fair use" or "fair dealing"). This License shall +terminate immediately and You may no longer exercise any of the rights granted +to You by this License upon your failure to honor the conditions in Section +1(c). + +10) Termination for Patent Action. This License shall terminate automatically +and You may no longer exercise any of the rights granted to You by this +License as of the date You commence an action, including a cross-claim or +counterclaim, against Licensor or any licensee alleging that the Original Work +infringes a patent. This termination provision shall not apply for an action +alleging patent infringement by combinations of the Original Work with other +software or hardware. + +11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this +License may be brought only in the courts of a jurisdiction wherein the +Licensor resides or in which Licensor conducts its primary business, and under +the laws of that jurisdiction excluding its conflict-of-law provisions. The +application of the United Nations Convention on Contracts for the +International Sale of Goods is expressly excluded. Any use of the Original +Work outside the scope of this License or after its termination shall be +subject to the requirements and penalties of copyright or patent law in the +appropriate jurisdiction. This section shall survive the termination of this +License. + +12) Attorneys' Fees. In any action to enforce the terms of this License or +seeking damages relating thereto, the prevailing party shall be entitled to +recover its costs and expenses, including, without limitation, reasonable +attorneys' fees and costs incurred in connection with such action, including +any appeal of such action. This section shall survive the termination of this +License. + +13) Miscellaneous. If any provision of this License is held to be +unenforceable, such provision shall be reformed only to the extent necessary +to make it enforceable. + +14) Definition of "You" in This License. "You" throughout this License, +whether in upper or lower case, means an individual or a legal entity +exercising rights under, and complying with all of the terms of, this License. +For legal entities, "You" includes any entity that controls, is controlled by, +or is under common control with you. For purposes of this definition, +"control" means (i) the power, direct or indirect, to cause the direction or +management of such entity, whether by contract or otherwise, or (ii) ownership +of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial +ownership of such entity. + +15) Right to Use. You may use the Original Work in all ways not otherwise +restricted or conditioned by this License or by law, and Licensor promises not +to interfere with or be responsible for such uses by You. + +16) Modification of This License. This License is Copyright © 2005 Lawrence +Rosen. Permission is granted to copy, distribute, or communicate this License +without modification. Nothing in this License permits You to modify this +License as applied to the Original Work or to Derivative Works. However, You +may modify the text of this License and copy, distribute or communicate your +modified version (the "Modified License") and apply it to other original works +of authorship subject to the following conditions: (i) You may not indicate in +any way that your Modified License is the "Open Software License" or "OSL" and +you may not use those names in the name of your Modified License; (ii) You +must replace the notice specified in the first paragraph above with the notice +"Licensed under " or with a notice of your own +that is not confusingly similar to the notice in this License; and (iii) You +may not claim that your original works are open source software unless your +Modified License has been approved by Open Source Initiative (OSI) and You +comply with its license review and certification process. diff --git a/README.md b/README.md index 5ee0d1c..e50b2e6 100644 --- a/README.md +++ b/README.md @@ -68,7 +68,7 @@ für Schritt die Karte auf eines der Frameworks umzubauen. Nur aktuell besteht k ## Lizenzen - Code: OSL-3.0 -- Icons: ??? +- Icons: CC-BY-ND 4.0 - Kartenmaterial: CC-BY-SA 2.0 ## Dankeschön ❤️ diff --git a/license.txt b/license.txt index 512ebd3..e69de29 100644 --- a/license.txt +++ b/license.txt @@ -1,172 +0,0 @@ -Open Software License ("OSL") v. 3.0 - -This Open Software License (the "License") applies to any original work of -authorship (the "Original Work") whose owner (the "Licensor") has placed the -following licensing notice adjacent to the copyright notice for the Original -Work: - - Licensed under the Open Software License version 3.0 - -1) Grant of Copyright License. Licensor grants You a worldwide, royalty-free, -non-exclusive, sublicensable license, for the duration of the copyright, to do -the following: - - a) to reproduce the Original Work in copies, either alone or as part of a - collective work; - - b) to translate, adapt, alter, transform, modify, or arrange the Original - Work, thereby creating derivative works ("Derivative Works") based upon the - Original Work; - - c) to distribute or communicate copies of the Original Work and Derivative - Works to the public, with the proviso that copies of Original Work or - Derivative Works that You distribute or communicate shall be licensed under - this Open Software License; - - d) to perform the Original Work publicly; and - - e) to display the Original Work publicly. - -2) Grant of Patent License. Licensor grants You a worldwide, royalty-free, -non-exclusive, sublicensable license, under patent claims owned or controlled -by the Licensor that are embodied in the Original Work as furnished by the -Licensor, for the duration of the patents, to make, use, sell, offer for sale, -have made, and import the Original Work and Derivative Works. - -3) Grant of Source Code License. The term "Source Code" means the preferred -form of the Original Work for making modifications to it and all available -documentation describing how to modify the Original Work. Licensor agrees to -provide a machine-readable copy of the Source Code of the Original Work along -with each copy of the Original Work that Licensor distributes. Licensor -reserves the right to satisfy this obligation by placing a machine-readable -copy of the Source Code in an information repository reasonably calculated to -permit inexpensive and convenient access by You for as long as Licensor -continues to distribute the Original Work. - -4) Exclusions From License Grant. Neither the names of Licensor, nor the names -of any contributors to the Original Work, nor any of their trademarks or -service marks, may be used to endorse or promote products derived from this -Original Work without express prior permission of the Licensor. Except as -expressly stated herein, nothing in this License grants any license to -Licensor's trademarks, copyrights, patents, trade secrets or any other -intellectual property. No patent license is granted to make, use, sell, offer -for sale, have made, or import embodiments of any patent claims other than the -licensed claims defined in Section 2. No license is granted to the trademarks -of Licensor even if such marks are included in the Original Work. Nothing in -this License shall be interpreted to prohibit Licensor from licensing under -terms different from this License any Original Work that Licensor otherwise -would have a right to license. - -5) External Deployment. The term "External Deployment" means the use, -distribution, or communication of the Original Work or Derivative Works in any -way such that the Original Work or Derivative Works may be used by anyone -other than You, whether those works are distributed or communicated to those -persons or made available as an application intended for use over a network. -As an express condition for the grants of license hereunder, You must treat -any External Deployment by You of the Original Work or a Derivative Work as a -distribution under section 1(c). - -6) Attribution Rights. You must retain, in the Source Code of any Derivative -Works that You create, all copyright, patent, or trademark notices from the -Source Code of the Original Work, as well as any notices of licensing and any -descriptive text identified therein as an "Attribution Notice." You must cause -the Source Code for any Derivative Works that You create to carry a prominent -Attribution Notice reasonably calculated to inform recipients that You have -modified the Original Work. - -7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that -the copyright in and to the Original Work and the patent rights granted herein -by Licensor are owned by the Licensor or are sublicensed to You under the -terms of this License with the permission of the contributor(s) of those -copyrights and patent rights. Except as expressly stated in the immediately -preceding sentence, the Original Work is provided under this License on an "AS -IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without -limitation, the warranties of non-infringement, merchantability or fitness for -a particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK -IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this -License. No license to the Original Work is granted by this License except -under this disclaimer. - -8) Limitation of Liability. Under no circumstances and under no legal theory, -whether in tort (including negligence), contract, or otherwise, shall the -Licensor be liable to anyone for any indirect, special, incidental, or -consequential damages of any character arising as a result of this License or -the use of the Original Work including, without limitation, damages for loss -of goodwill, work stoppage, computer failure or malfunction, or any and all -other commercial damages or losses. This limitation of liability shall not -apply to the extent applicable law prohibits such limitation. - -9) Acceptance and Termination. If, at any time, You expressly assented to this -License, that assent indicates your clear and irrevocable acceptance of this -License and all of its terms and conditions. If You distribute or communicate -copies of the Original Work or a Derivative Work, You must make a reasonable -effort under the circumstances to obtain the express assent of recipients to -the terms of this License. This License conditions your rights to undertake -the activities listed in Section 1, including your right to create Derivative -Works based upon the Original Work, and doing so without honoring these terms -and conditions is prohibited by copyright law and international treaty. -Nothing in this License is intended to affect copyright exceptions and -limitations (including "fair use" or "fair dealing"). This License shall -terminate immediately and You may no longer exercise any of the rights granted -to You by this License upon your failure to honor the conditions in Section -1(c). - -10) Termination for Patent Action. This License shall terminate automatically -and You may no longer exercise any of the rights granted to You by this -License as of the date You commence an action, including a cross-claim or -counterclaim, against Licensor or any licensee alleging that the Original Work -infringes a patent. This termination provision shall not apply for an action -alleging patent infringement by combinations of the Original Work with other -software or hardware. - -11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this -License may be brought only in the courts of a jurisdiction wherein the -Licensor resides or in which Licensor conducts its primary business, and under -the laws of that jurisdiction excluding its conflict-of-law provisions. The -application of the United Nations Convention on Contracts for the -International Sale of Goods is expressly excluded. Any use of the Original -Work outside the scope of this License or after its termination shall be -subject to the requirements and penalties of copyright or patent law in the -appropriate jurisdiction. This section shall survive the termination of this -License. - -12) Attorneys' Fees. In any action to enforce the terms of this License or -seeking damages relating thereto, the prevailing party shall be entitled to -recover its costs and expenses, including, without limitation, reasonable -attorneys' fees and costs incurred in connection with such action, including -any appeal of such action. This section shall survive the termination of this -License. - -13) Miscellaneous. If any provision of this License is held to be -unenforceable, such provision shall be reformed only to the extent necessary -to make it enforceable. - -14) Definition of "You" in This License. "You" throughout this License, -whether in upper or lower case, means an individual or a legal entity -exercising rights under, and complying with all of the terms of, this License. -For legal entities, "You" includes any entity that controls, is controlled by, -or is under common control with you. For purposes of this definition, -"control" means (i) the power, direct or indirect, to cause the direction or -management of such entity, whether by contract or otherwise, or (ii) ownership -of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial -ownership of such entity. - -15) Right to Use. You may use the Original Work in all ways not otherwise -restricted or conditioned by this License or by law, and Licensor promises not -to interfere with or be responsible for such uses by You. - -16) Modification of This License. This License is Copyright © 2005 Lawrence -Rosen. Permission is granted to copy, distribute, or communicate this License -without modification. Nothing in this License permits You to modify this -License as applied to the Original Work or to Derivative Works. 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