capsite

Ressources et outils pour la génération de ma capsule et de mon site
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      1 Attribution-NonCommercial-ShareAlike 4.0 International
      2 
      3 =======================================================================
      4 
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     15 Using Creative Commons Public Licenses
     16 
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     55 =======================================================================
     56 
     57 Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International
     58 Public License
     59 
     60 By exercising the Licensed Rights (defined below), You accept and agree
     61 to be bound by the terms and conditions of this Creative Commons
     62 Attribution-NonCommercial-ShareAlike 4.0 International Public License
     63 ("Public License"). To the extent this Public License may be
     64 interpreted as a contract, You are granted the Licensed Rights in
     65 consideration of Your acceptance of these terms and conditions, and the
     66 Licensor grants You such rights in consideration of benefits the
     67 Licensor receives from making the Licensed Material available under
     68 these terms and conditions.
     69 
     70 
     71 Section 1 -- Definitions.
     72 
     73   a. Adapted Material means material subject to Copyright and Similar
     74      Rights that is derived from or based upon the Licensed Material
     75      and in which the Licensed Material is translated, altered,
     76      arranged, transformed, or otherwise modified in a manner requiring
     77      permission under the Copyright and Similar Rights held by the
     78      Licensor. For purposes of this Public License, where the Licensed
     79      Material is a musical work, performance, or sound recording,
     80      Adapted Material is always produced where the Licensed Material is
     81      synched in timed relation with a moving image.
     82 
     83   b. Adapter's License means the license You apply to Your Copyright
     84      and Similar Rights in Your contributions to Adapted Material in
     85      accordance with the terms and conditions of this Public License.
     86 
     87   c. BY-NC-SA Compatible License means a license listed at
     88      creativecommons.org/compatiblelicenses, approved by Creative
     89      Commons as essentially the equivalent of this Public License.
     90 
     91   d. Copyright and Similar Rights means copyright and/or similar rights
     92      closely related to copyright including, without limitation,
     93      performance, broadcast, sound recording, and Sui Generis Database
     94      Rights, without regard to how the rights are labeled or
     95      categorized. For purposes of this Public License, the rights
     96      specified in Section 2(b)(1)-(2) are not Copyright and Similar
     97      Rights.
     98 
     99   e. Effective Technological Measures means those measures that, in the
    100      absence of proper authority, may not be circumvented under laws
    101      fulfilling obligations under Article 11 of the WIPO Copyright
    102      Treaty adopted on December 20, 1996, and/or similar international
    103      agreements.
    104 
    105   f. Exceptions and Limitations means fair use, fair dealing, and/or
    106      any other exception or limitation to Copyright and Similar Rights
    107      that applies to Your use of the Licensed Material.
    108 
    109   g. License Elements means the license attributes listed in the name
    110      of a Creative Commons Public License. The License Elements of this
    111      Public License are Attribution, NonCommercial, and ShareAlike.
    112 
    113   h. Licensed Material means the artistic or literary work, database,
    114      or other material to which the Licensor applied this Public
    115      License.
    116 
    117   i. Licensed Rights means the rights granted to You subject to the
    118      terms and conditions of this Public License, which are limited to
    119      all Copyright and Similar Rights that apply to Your use of the
    120      Licensed Material and that the Licensor has authority to license.
    121 
    122   j. Licensor means the individual(s) or entity(ies) granting rights
    123      under this Public License.
    124 
    125   k. NonCommercial means not primarily intended for or directed towards
    126      commercial advantage or monetary compensation. For purposes of
    127      this Public License, the exchange of the Licensed Material for
    128      other material subject to Copyright and Similar Rights by digital
    129      file-sharing or similar means is NonCommercial provided there is
    130      no payment of monetary compensation in connection with the
    131      exchange.
    132 
    133   l. Share means to provide material to the public by any means or
    134      process that requires permission under the Licensed Rights, such
    135      as reproduction, public display, public performance, distribution,
    136      dissemination, communication, or importation, and to make material
    137      available to the public including in ways that members of the
    138      public may access the material from a place and at a time
    139      individually chosen by them.
    140 
    141   m. Sui Generis Database Rights means rights other than copyright
    142      resulting from Directive 96/9/EC of the European Parliament and of
    143      the Council of 11 March 1996 on the legal protection of databases,
    144      as amended and/or succeeded, as well as other essentially
    145      equivalent rights anywhere in the world.
    146 
    147   n. You means the individual or entity exercising the Licensed Rights
    148      under this Public License. Your has a corresponding meaning.
    149 
    150 
    151 Section 2 -- Scope.
    152 
    153   a. License grant.
    154 
    155        1. Subject to the terms and conditions of this Public License,
    156           the Licensor hereby grants You a worldwide, royalty-free,
    157           non-sublicensable, non-exclusive, irrevocable license to
    158           exercise the Licensed Rights in the Licensed Material to:
    159 
    160             a. reproduce and Share the Licensed Material, in whole or
    161                in part, for NonCommercial purposes only; and
    162 
    163             b. produce, reproduce, and Share Adapted Material for
    164                NonCommercial purposes only.
    165 
    166        2. Exceptions and Limitations. For the avoidance of doubt, where
    167           Exceptions and Limitations apply to Your use, this Public
    168           License does not apply, and You do not need to comply with
    169           its terms and conditions.
    170 
    171        3. Term. The term of this Public License is specified in Section
    172           6(a).
    173 
    174        4. Media and formats; technical modifications allowed. The
    175           Licensor authorizes You to exercise the Licensed Rights in
    176           all media and formats whether now known or hereafter created,
    177           and to make technical modifications necessary to do so. The
    178           Licensor waives and/or agrees not to assert any right or
    179           authority to forbid You from making technical modifications
    180           necessary to exercise the Licensed Rights, including
    181           technical modifications necessary to circumvent Effective
    182           Technological Measures. For purposes of this Public License,
    183           simply making modifications authorized by this Section 2(a)
    184           (4) never produces Adapted Material.
    185 
    186        5. Downstream recipients.
    187 
    188             a. Offer from the Licensor -- Licensed Material. Every
    189                recipient of the Licensed Material automatically
    190                receives an offer from the Licensor to exercise the
    191                Licensed Rights under the terms and conditions of this
    192                Public License.
    193 
    194             b. Additional offer from the Licensor -- Adapted Material.
    195                Every recipient of Adapted Material from You
    196                automatically receives an offer from the Licensor to
    197                exercise the Licensed Rights in the Adapted Material
    198                under the conditions of the Adapter's License You apply.
    199 
    200             c. No downstream restrictions. You may not offer or impose
    201                any additional or different terms or conditions on, or
    202                apply any Effective Technological Measures to, the
    203                Licensed Material if doing so restricts exercise of the
    204                Licensed Rights by any recipient of the Licensed
    205                Material.
    206 
    207        6. No endorsement. Nothing in this Public License constitutes or
    208           may be construed as permission to assert or imply that You
    209           are, or that Your use of the Licensed Material is, connected
    210           with, or sponsored, endorsed, or granted official status by,
    211           the Licensor or others designated to receive attribution as
    212           provided in Section 3(a)(1)(A)(i).
    213 
    214   b. Other rights.
    215 
    216        1. Moral rights, such as the right of integrity, are not
    217           licensed under this Public License, nor are publicity,
    218           privacy, and/or other similar personality rights; however, to
    219           the extent possible, the Licensor waives and/or agrees not to
    220           assert any such rights held by the Licensor to the limited
    221           extent necessary to allow You to exercise the Licensed
    222           Rights, but not otherwise.
    223 
    224        2. Patent and trademark rights are not licensed under this
    225           Public License.
    226 
    227        3. To the extent possible, the Licensor waives any right to
    228           collect royalties from You for the exercise of the Licensed
    229           Rights, whether directly or through a collecting society
    230           under any voluntary or waivable statutory or compulsory
    231           licensing scheme. In all other cases the Licensor expressly
    232           reserves any right to collect such royalties, including when
    233           the Licensed Material is used other than for NonCommercial
    234           purposes.
    235 
    236 
    237 Section 3 -- License Conditions.
    238 
    239 Your exercise of the Licensed Rights is expressly made subject to the
    240 following conditions.
    241 
    242   a. Attribution.
    243 
    244        1. If You Share the Licensed Material (including in modified
    245           form), You must:
    246 
    247             a. retain the following if it is supplied by the Licensor
    248                with the Licensed Material:
    249 
    250                  i. identification of the creator(s) of the Licensed
    251                     Material and any others designated to receive
    252                     attribution, in any reasonable manner requested by
    253                     the Licensor (including by pseudonym if
    254                     designated);
    255 
    256                 ii. a copyright notice;
    257 
    258                iii. a notice that refers to this Public License;
    259 
    260                 iv. a notice that refers to the disclaimer of
    261                     warranties;
    262 
    263                  v. a URI or hyperlink to the Licensed Material to the
    264                     extent reasonably practicable;
    265 
    266             b. indicate if You modified the Licensed Material and
    267                retain an indication of any previous modifications; and
    268 
    269             c. indicate the Licensed Material is licensed under this
    270                Public License, and include the text of, or the URI or
    271                hyperlink to, this Public License.
    272 
    273        2. You may satisfy the conditions in Section 3(a)(1) in any
    274           reasonable manner based on the medium, means, and context in
    275           which You Share the Licensed Material. For example, it may be
    276           reasonable to satisfy the conditions by providing a URI or
    277           hyperlink to a resource that includes the required
    278           information.
    279        3. If requested by the Licensor, You must remove any of the
    280           information required by Section 3(a)(1)(A) to the extent
    281           reasonably practicable.
    282 
    283   b. ShareAlike.
    284 
    285      In addition to the conditions in Section 3(a), if You Share
    286      Adapted Material You produce, the following conditions also apply.
    287 
    288        1. The Adapter's License You apply must be a Creative Commons
    289           license with the same License Elements, this version or
    290           later, or a BY-NC-SA Compatible License.
    291 
    292        2. You must include the text of, or the URI or hyperlink to, the
    293           Adapter's License You apply. You may satisfy this condition
    294           in any reasonable manner based on the medium, means, and
    295           context in which You Share Adapted Material.
    296 
    297        3. You may not offer or impose any additional or different terms
    298           or conditions on, or apply any Effective Technological
    299           Measures to, Adapted Material that restrict exercise of the
    300           rights granted under the Adapter's License You apply.
    301 
    302 
    303 Section 4 -- Sui Generis Database Rights.
    304 
    305 Where the Licensed Rights include Sui Generis Database Rights that
    306 apply to Your use of the Licensed Material:
    307 
    308   a. for the avoidance of doubt, Section 2(a)(1) grants You the right
    309      to extract, reuse, reproduce, and Share all or a substantial
    310      portion of the contents of the database for NonCommercial purposes
    311      only;
    312 
    313   b. if You include all or a substantial portion of the database
    314      contents in a database in which You have Sui Generis Database
    315      Rights, then the database in which You have Sui Generis Database
    316      Rights (but not its individual contents) is Adapted Material,
    317      including for purposes of Section 3(b); and
    318 
    319   c. You must comply with the conditions in Section 3(a) if You Share
    320      all or a substantial portion of the contents of the database.
    321 
    322 For the avoidance of doubt, this Section 4 supplements and does not
    323 replace Your obligations under this Public License where the Licensed
    324 Rights include other Copyright and Similar Rights.
    325 
    326 
    327 Section 5 -- Disclaimer of Warranties and Limitation of Liability.
    328 
    329   a. UNLESS OTHERWISE SEPARATELY UNDERTAKEN BY THE LICENSOR, TO THE
    330      EXTENT POSSIBLE, THE LICENSOR OFFERS THE LICENSED MATERIAL AS-IS
    331      AND AS-AVAILABLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF
    332      ANY KIND CONCERNING THE LICENSED MATERIAL, WHETHER EXPRESS,
    333      IMPLIED, STATUTORY, OR OTHER. THIS INCLUDES, WITHOUT LIMITATION,
    334      WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
    335      PURPOSE, NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS,
    336      ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT
    337      KNOWN OR DISCOVERABLE. WHERE DISCLAIMERS OF WARRANTIES ARE NOT
    338      ALLOWED IN FULL OR IN PART, THIS DISCLAIMER MAY NOT APPLY TO YOU.
    339 
    340   b. TO THE EXTENT POSSIBLE, IN NO EVENT WILL THE LICENSOR BE LIABLE
    341      TO YOU ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION,
    342      NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT,
    343      INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER LOSSES,
    344      COSTS, EXPENSES, OR DAMAGES ARISING OUT OF THIS PUBLIC LICENSE OR
    345      USE OF THE LICENSED MATERIAL, EVEN IF THE LICENSOR HAS BEEN
    346      ADVISED OF THE POSSIBILITY OF SUCH LOSSES, COSTS, EXPENSES, OR
    347      DAMAGES. WHERE A LIMITATION OF LIABILITY IS NOT ALLOWED IN FULL OR
    348      IN PART, THIS LIMITATION MAY NOT APPLY TO YOU.
    349 
    350   c. The disclaimer of warranties and limitation of liability provided
    351      above shall be interpreted in a manner that, to the extent
    352      possible, most closely approximates an absolute disclaimer and
    353      waiver of all liability.
    354 
    355 
    356 Section 6 -- Term and Termination.
    357 
    358   a. This Public License applies for the term of the Copyright and
    359      Similar Rights licensed here. However, if You fail to comply with
    360      this Public License, then Your rights under this Public License
    361      terminate automatically.
    362 
    363   b. Where Your right to use the Licensed Material has terminated under
    364      Section 6(a), it reinstates:
    365 
    366        1. automatically as of the date the violation is cured, provided
    367           it is cured within 30 days of Your discovery of the
    368           violation; or
    369 
    370        2. upon express reinstatement by the Licensor.
    371 
    372      For the avoidance of doubt, this Section 6(b) does not affect any
    373      right the Licensor may have to seek remedies for Your violations
    374      of this Public License.
    375 
    376   c. For the avoidance of doubt, the Licensor may also offer the
    377      Licensed Material under separate terms or conditions or stop
    378      distributing the Licensed Material at any time; however, doing so
    379      will not terminate this Public License.
    380 
    381   d. Sections 1, 5, 6, 7, and 8 survive termination of this Public
    382      License.
    383 
    384 
    385 Section 7 -- Other Terms and Conditions.
    386 
    387   a. The Licensor shall not be bound by any additional or different
    388      terms or conditions communicated by You unless expressly agreed.
    389 
    390   b. Any arrangements, understandings, or agreements regarding the
    391      Licensed Material not stated herein are separate from and
    392      independent of the terms and conditions of this Public License.
    393 
    394 
    395 Section 8 -- Interpretation.
    396 
    397   a. For the avoidance of doubt, this Public License does not, and
    398      shall not be interpreted to, reduce, limit, restrict, or impose
    399      conditions on any use of the Licensed Material that could lawfully
    400      be made without permission under this Public License.
    401 
    402   b. To the extent possible, if any provision of this Public License is
    403      deemed unenforceable, it shall be automatically reformed to the
    404      minimum extent necessary to make it enforceable. If the provision
    405      cannot be reformed, it shall be severed from this Public License
    406      without affecting the enforceability of the remaining terms and
    407      conditions.
    408 
    409   c. No term or condition of this Public License will be waived and no
    410      failure to comply consented to unless expressly agreed to by the
    411      Licensor.
    412 
    413   d. Nothing in this Public License constitutes or may be interpreted
    414      as a limitation upon, or waiver of, any privileges and immunities
    415      that apply to the Licensor or You, including from the legal
    416      processes of any jurisdiction or authority.
    417 
    418 =======================================================================
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