This translation is provided as a convenience.
Only the German version of this text is legally binding.
[Attribution – NonCommercial – NoDerivs (by-nc-nd) 3.0 Switzerland]
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE ANY LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN THE RE- CIPIENT AND CREATIVE COMMONS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED AND DISCLAIMS ALL LIABILITY FOR ANY DAMAGE RESULTING FROM ITS USE. THIS EXCLUSION OF GUARANTEE AND LIABILITY ALSO COVERS INDIVIDUALS AND ENTITIES THAT HAVE COOPERATED IN THE ADAPTATION OF THE LICENSE TEXT INTO SWISS LAW.
License
By exercising the rights granted by this License You agree to the Terms and Conditions of the License in a legally binding manner. As far as this License is considered a contract, the Licensor shall grant You the rights mentioned in the License free of charge and in exchange for Your acceptance of the binding force of the Terms and Conditions of the License.
The “Licensor”, i.e. the individual or entity that offers the Subject of the License under the terms of this License and "You", i.e. the individual or entity, who exercises the uses of the Subject of the License described in Section 3 of this License and did not previously violate the Terms and Conditions of this License with respect to the Subject of the License or who obtained the express authorization of the Licensor to exercise the rights granted by this License despite the previous violation thereof, agree the Terms and Conditions of Use of the Subject of the License by means of this Creative Commons Public License ("CCPL" or "License") the following,
in particular:
1. Definitions
a) "Subject of the License" shall mean a work protected by copyright or a performance protected by neighbouring rights.
b) A "Collection" in terms of this License shall be a work in which the Subject of the License along with other works or elements are assembled into a collective whole, irrespective of whether the Collection itself is copyrightable by reason of the arrangement or selection of contents or not. Also databases shall be considered Collections, irrespective of whether the database as such is copyrightable by reason of the arrangement or selection of contents or not. The incorporation of the Subject of the License into a Collection shall not be considered a modification of the Subject of the License.
c) An "Adaption" in terms of this License shall be any modification to the Subject of the License, in particular a rearrangement, derivative work, amendment, adjustment or translation, provided that the Subject of the License's individual character remains recognizable. The incorporation of the Subject of the License into a Collection shall not be considered a modification of the Subject of the License.
d) "Holder of Rights" shall be the author of the Subject of the License, the holder of neighbouring rights or any other person who has acquired rights of use with respect to the Subject of the License and that allow the granting of rights of use or the assignment of rights of use to third parties.
e) A "Work" is an intellectual creation with individual character.
f) A "Neighbouring Right" shall be a right to a cultural performance which is not protected as a Work, such as a creation of a performing artist, manufacturers of audio and video material, or broadcasting companies.
g) “Public Performance” shall be the performance of the Subject of the License, either directly or by any other means, the performance, making it perceptible or accessible elsewhere in a manner that people have access from other places and at the time of their choice.
h) “Reproduction” shall mean the production of temporary or lasting reproductions of the Subject of the License; it also includes the process of the first physical recording of the Subject of the License and the production of reproductions of these recordings as well as the transfer of the Subject of the License to audio or video or to another electronic medium in digital or analogue form.
i) “Distribution” shall mean making the Subject of the License publicly available or placing it on the market in the original or in the form of reproductions, i.e. in physically recorded form.
j) ”Commercial” shall mean primarily meant for or directed at commercial advantage or monetary compensation. The exchange of the Subject of the Licence for other works or performances protected by copyright by means of digital file sharing shall not be deemed commercial, provided that no payment or monetary compensation is made in connection with the exchange of the Subject of the Licence. “Non-commercial” shall have a corresponding meaning.
2. Limitations of Copyright Law
This Licensing Agreement shall not affect any rights arising from limitations that are provided for in connection with the exclusive rights of the Holder of Rights under copyright law (personal use, exhaustion principle) or by other provisions of the applicable laws.
3. Licensing
Subject to the terms and conditions of this License, the Licensor hereby grants You a worldwide, royalty-free, non- exclusive and perpetual (i.e. for the duration of the copyright or the related property right) license to exercise the rights in the Subject of the License as stated below:
a) to reproduce the Subject of the License, to incorporate it into one or more Collections and to reproduce it as incorporated in the Collection;
b) to distribute the Subject of the License or copies thereof, to display or perform it publicly, to broadcast, transmit or otherwise make it perceivable by way of radio, television or similar facilities, including by wire. These rights shall also be applicable where the Subject of the License has been incorporated into a Collection;
The above rights may be exercised for all types of use and in all media and formats, whether now known or developed in the future. These rights shall include the right to make all such modifications as may be technically necessary to exercise these rights in other media and formats.
4. Conditions
The rights set out in Section 3 shall be subject to the following conditions:
a) Each time a right under this License is exercised, You shall include a copy of, or the Uniform Resource Identifier (URI) for, this License. Upon exercising the right under this License, You shall keep all notices intact that refer to this License and to the disclaimer of warranties. You shall not make any agreements which seek to tighten the terms of this License or restrict the rights granted to a third party. You shall not grant any sub licenses. You shall not incorporate any technical protection features into the Subject of the License that may hinder the user of the Subject of the License in exercising the rights granted by this License. Section 4 a) shall also apply where the Subject of the License is part of a Collection. However, this shall not require that the Collection as such be made subject to the terms of the License. If You include the Subject of the License in a Collection, You shall – upon the request of the Author or the Licensor – be bound to remove any reference to the Author or the Licensor as far as this is possible and desired, and at first request. Where references are to be removed upon such requests, duties under Section 4 c) shall not apply.
b) You shall not exercise the rights set down in Section 3 for commercial purposes.
c) On using the Subject of the License, be this alone or as part of a Collection, You shall keep all copyright notices intact or at least make reproduce these notices to the extent reasonable for the technical procedure and medium You are utilizing, except in the case that a request has been made in accordance with the penultimate subsection of Section 4 a) to remove references.
– In particular, You (i) shall indicate the name (or the pseudonym) of the Author as well as the name of any third parties the Holder of Rights has included in the copyright notice.
– If You (ii) are aware of the title of the Subject of the License You shall be obliged to indicated it.
– If the Licensor (iii) has supplied an internet address (e.g. in the form of a Uniform Resource Identifier, URI) containing information on the License or copyright notices, You shall indicate such information as far as reasonably possible.
The notices in accordance with this Section 4 c) may be made by any means suitable. With respect to Collections, such notices shall be just as visible with respect to position and form as is the case for other Holders of Rights where such notices are made for all contributing licensors.
For the avoidance of doubt: The notices set out under Section 4 c) may only be used in the manner set forth in this section and for the purpose of attributing the Work to its Author, Licensor or third party whom the Author or Licensor had included in the copyright notice for attribution. On use of the Subject of the License, You shall not give the impression, either implicitly or explicitly, that support or approval by these persons has been provided nor shall You give the impression that any other form of connection between You and these persons exists without prior and separate written consent from the persons concerned.
d) With respect to the compensation for the use of the Subject of the License the following shall apply:
i. Indispensable statutory claims for compensation: If indispensable claims for compensation as consideration for statutory licenses are provided or if there is a flat-rate system (e.g. for blank media) the Licensor shall reserve the exclusive right to collect the respective compensation for each exercising of a right under this license by You.
ii. Compensation in case of compulsory licenses: If compulsory licenses outside this license are intended and concluded the Licensor shall reserve the exclusive right to collect the respective compensation should You use the Subject of the License for purposes other than the ones defined as non-commercial in Section 4.b) but shall waive the right to compensation for all other uses in accordance with the license.
iii. Compensation in other cases: With respect to the use of the Subject of the License in Accordance with the License by You that is not covered by the above paragraphs (i) and (ii) the Licensor shall waive the right to compensation, irrespective of whether the collection of a compensation by the Licensor or by a collecting society would be possible. However, the Licensor shall reserve the exclusive right to collect the respective compensation (either directly our through a collecting society) should You use the Subject of the License for purposes other than those defined as non-commercial in Section 4 b).
e) Your right to use the Subject of the License has its statutory limitation in the personal rights (copyright) of the Holder of Rights whose legal intellectual and personal interests or whose respect or reputation, respectively, shall not be impaired by the use without prior written consent obtained from the persons concerned.
5. No warranty
IN THE ABSENCE OF ANY WRITTEN UNDERTAKING FROM THE LICENSOR TO THE CONTRARY, THE LICENSOR SHALL ASSUME NO WARRANTY FOR THE RIGHTS GRANTED.
6. Exclusion of Liability
BEYOND THE WARRANTY PROVIDED IN SECTION 5, THE LICENSOR SHALL BE LIABLE ONLY FOR DELIBERATE ACTS AND GROSS NEGLIGENCE. ANY OTHER LIABILITY SHALL BE EXCLUDED AS FAR AS POSSIBLE UNDER APPLICABLE STATUTORY PROVISIONS. THE LICENSOR SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR THE ACTS OF ITS AGENTS. THIS EXCLUSION OF LIABILITY SHALL ALSO APPLY WHERE YOU HAVE INDICATED THE POSSIBILITY OF DAMAGE.
7. Termination
a) This License and the rights granted hereunder shall terminate automatically and immediately in the event that You violate the terms of this License. However, the license relationship that subsequently occurred with natural and legal persons who obtained Collections comprising the Subject of the License shall continue to exist as long as they comply with the terms and conditions of the License. Sections 1, 2, 5, 6, 7 and 8 shall remain binding even after termination of this License.
b) The rights granted under this License shall be granted for an unlimited period of time (however, only for as long as the Subject of the License is protected under the applicable copyright or neighbouring rights law). Notwithstanding the above, the Licensor shall reserve the right to release the Subject of the License at any chosen time under a new license or to stop distributing the Subject of the License completely. The change of license shall not affect a revocation of this License (or any other licensing act based on this License). The License shall continue in full force and effect until terminated in accordance with Section 7 a) above.
8. Miscellaneous
a) Each time You use the Subject of the License or a Collection based on Section 3 of this License, the Licensor shall grant to the recipient of any resulting reproduction a license to the Subject of the License at the same terms and conditions as this License granted to You.
b) If any provision of this License should be invalid or unenforceable under applicable law, the remaining provisions of this License shall remain valid and enforceable and the invalid provision shall be replaced by a valid provision which comes closest to the intended purpose of the invalid provision.
c) No provision of this License shall be deemed to have been waived and no breach sanctioned before the party charged by the waiver or sanction has confirmed the waiver or sanction in writing and by its signature.
d) This License shall constitute the entire agreement between the parties with respect to the Subject of the License. There are no ancillary understandings, agreements or representations with respect to the Subject of the License. The Licensor shall not be bound by any additional provision that may appear in any communication from You. This agreement shall not be modified without the mutual written and signed agreement between the Licensor and You to this end.
Creative Commons is no party to this Licensing Agreement and makes no warranty in connection with the Subject of the License. Creative Commons shall not be liable on any legal theory for any damage suffered by You as a result of the use of the Subject of the License or this License, irrespective of whether the damage is direct, indirect or consequential. Notwithstanding the above, Creative Commons shall have all rights under this License where it has expressly identified itself in the License as Licensor of the Work.
Except for the limited purpose of indicating to the public that the Subject of the License is licensed under the CCPL, Creative Commons does not allow the parties to use the trademark "Creative Commons" or any other trademark or logo of Creative Commons without prior written consent from Creative Commons. Any permitted use must then follow in compliance with Creative Commons' then current trademark usage guidelines. Creative Commons' trademark usage guidelines are published on its website or are made available upon request.
Creative Commons can be contacted under http://creativecommons.org
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