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LICENSE
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DIEGO CAPAPE
Attribution-NonCommercial License (CC BY-NC) Version 1.0
Copyright 2023 Diego Capape
By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Attribution-NonCommercial License ("License"). To the extent this License may be considered to be a contract, the Licensor grants You the rights contained here in consideration of your acceptance of such terms and conditions.
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 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 License, the Unported License Defined Terms section licenses any and all Copyright and Similar Rights in the Licensed Material without limitation.
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 License.
f. "Licensed Rights" means the rights granted to You subject to the terms and conditions of this 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 License.
h. "NonCommercial" means not primarily intended for or directed towards commercial advantage or monetary compensation. For purposes of this 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 License. Your has a corresponding meaning.
2. Scope
a. License grant
1. Subject to the terms and conditions of this 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, reproduce, and Share Adapted Material.
2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this License does not apply, and You do not need to comply with its terms and conditions.
b. Term. The term of this License is specified in Section 6(a).
c. 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 License, simply making modifications authorized by this Section 2(c)(i) never produces Adapted Material.
d. Downstream recipients.
1. 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 License.
2. 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.
e. No endorsement. Nothing in this 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).
3. License 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 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 License, and include the text of, or the URI or hyperlink to, this 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. Prohibited Uses. You may not use the Licensed Material for Commercial purposes.
c. Additional license 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.
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.
5. Moral rights
If implied by applicable law, You may not exercise any of the Licensed Rights in a manner that is derogatory to the original author or Licensor.
6. Term and Termination
a. This License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this License, then Your rights under this 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.
c. 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 License.
d. 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 License.
7. Other terms and conditions
a. Nothing in this License shall be used or interpreted to limit the rights granted to You by fair use or other applicable Copyright and Similar Rights exceptions and limitations.
b. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
8. Termination
a. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Adapted Material from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
9. Disclaimer of warranties
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.
10. Limitation of liability
Except to the extent required by applicable law, in no event will the Licensor be liable to You on any legal theory for any special, incidental, consequential, punitive, or exemplary damages arising out of this License or the use of the Licensed Material, even if the Licensor has been advised of the possibility of such damages.
11. Miscellaneous
This License constitutes the entire agreement between the parties with respect to the Licensed Material licensed here. There are no understandings, agreements, or representations with respect to the Licensed Material not specified here. The Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You. The relationship between the Licensor and You is a licensee-licensee relationship only and does not create any fiduciary or agency relationship between the parties.