License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS LICENSE ("LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLELAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSEMAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS ANDCONDITIONS.
1. Definitions
- "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety inunmodified form, along with one or more other contributions, constituting separate and independent works in themselves, are assembled into acollective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of thisLicense.
- "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation,musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or anyother form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered aDerivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, thesynchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
- "Licensor" means the individual, individuals, entity or entities that offers the Work under the terms of this License.
- "Original Author" means the individual, individuals, entity or entities who created the Work.
- "Work" means the copyrightable work of authorship offered under the terms of this License.
- "You" means an individual or entity exercising rights under this License who has not previously violated the terms of thisLicense with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previousviolation.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, firstsale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, non-exclusive,revocable (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
- to reproduce the Work, to incorporate the Work into one or more Collective Works;
The above rights may be exercised on freely and openly accessible web media formats . The above rights include the right to make suchmodifications as are technically necessary to exercise the rights in other media and formats, but otherwise you have no rights to make any alterationsor Derivative Works. All rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth inSections 4(d) and 4(e).
4. Restrictions.The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
- You may publicly display the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifierfor, this License with every copy of the Work You publicly display. You may not offer or impose any terms on the Work that restrict the terms of thisLicense or the ability of a recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may notsublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. When You publicly display theWork, You may not impose any technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rightsgranted to that recipient under the terms of the License. This Section 4(a) applies to the Work as incorporated in a Collective Work, but this doesnot require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, uponnotice from any Licensor You must, to the extent practicable, remove from the Collective Work any credit as required by Section 4(c), as demanded.
- 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 towardcommercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing orotherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is nopayment of any monetary compensation in connection with the exchange of copyrighted works.
- If You publicly display the Work (as defined in Section 1 above) or Collective Works (as defined in Section 1 above), You must, unless arequest has been made pursuant to Section 4(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means You areutilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or (ii) if the Original Author and/or Licensordesignate another party or parties (e.g. a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor'scopyright notice, terms of service or by other reasonable means, the name of such party or parties; the title of the Work if supplied; to the extentreasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does notrefer to the copyright notice or licensing information for the Work. The credit required by this Section 4(c) may be implemented in any reasonablemanner; provided, however, that in the case of a Collective Work, at a minimum such credit will appear, if a credit for all contributing authors ofthe Collective Work appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors.For the avoidance of doubt, You may only use the credit required by this clause for the purpose of attribution in the manner set out above and, byexercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement bythe Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior writtenpermission of the Original Author, Licensor and/or Attribution Parties.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND ONLY TO THE EXTENT OF ANYRIGHTS HELD IN THE LICENSED WORK BY THE LICENSOR. THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS,IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MARKETABILITY, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE,NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOMEJURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANYLEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IFLICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination
- This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individualsor entities who have received Collective Works (as defined in Section 1 above) from You under this License, however, will not have their licensesterminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive anytermination of this License.
- Subject to the above terms and conditions, the license 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 license terms or to stop distributing the Work at anytime; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be,granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
8. Miscellaneous
- Each time You distribute or publicly digitally perform the Work (as defined in Section 1 above) or a Collective Work (as defined in Section1 above), the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under thisLicense.
- If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of theremainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimumextent necessary to make such provision valid and enforceable.
- No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing andsigned by the party to be charged with such waiver or consent.
- This License constitutes the entire agreement between the parties with respect to the Work licensed here. 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 appearin any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
- There are no third-party beneficiaries to this Licesnse.
- You waive any right to jury trial in connection with any action or litigation in any way arising out of or related to this License. Youagree to pay all reasonable attorney fees and other costs incurred by Your breach of this license.
- This agreement will be governed and construed in accordance with the laws ofthe State of Florida without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the state andfederal courts located in Palm Beach County in the State of Florida, and any cause of action which arise from use of this web site or frominterpretation of these terms and conditions must be filed in the state and federal courts located in Palm Beach County, State of Florida. Ifany provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from thisagreement and shall not affect the validity and enforceability of any remaining provisions. Any remaining provisions shall be given effect tothe fullest extent possible.
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