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LICENSE-by-nc
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LICENSE-by-nc
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Creative Commons Legal Code
CREATIVE COMMONS ATTRIBUTION-NONCOMMERCIAL 4.0 INTERNATIONAL PUBLIC LICENSE
(ORIGINAL) SOLARFIDGET idea, concept and design,
Copyright (C) 2021, 2022 Kurt Manucredo,
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 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. 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. 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.
d. 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.
e. 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.
f. LICENSED MATERIAL means the artistic or literary work, database, or
other material to which the Licensor applied this Public License.
g. 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.
h. LICENSOR means the individual(s) or entity(ies) granting rights under
this Public License.
i. 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.
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. 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.
l. 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, reproduce, and 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 (including in
modified form), 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.
4. If You Share Adapted Material You produce, the Adapter's
License You apply must not prevent recipients of the
Adapted Material from complying with this Public License.
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;
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 Legal Code
https://creativecommons.org/licenses/by-nc/4.0/legalcode