THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS LICENSE ("LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. 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. THE LICENSOR GRANTS YOU THE RIGHTS DESCRIBED BELOW IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
- a."Collective Work" means a work, such as a periodical issue, anthology, encyclopedia, essay, or presentation in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
- b."Derivative Work" means a work based on the Work, or on the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
- c."Educational Purpose(s)" means (i) for the primary purpose of learning or teaching in both formal and informal educational settings, (ii) use by educators or students in classrooms, libraries, schools, and at home, and/or (iii) the presentation of materials to an individual or a group for the purpose of learning or teaching.
- d."Licensor" means the WGBH Educational Foundation and Public Broadcasting Service.
- e."Original Author" means the individual or entity who created the Work as set forth in the attribution file which accompanies the downloaded Work.
- f."Term" means the period commencing on the date You initially download the Work and ending upon the expiration date (the "Expiration date") set forth in the attribution file which accompanies the downloaded Work, unless earlier terminated by Licensor pursuant to Section 7(a) below or extended pursuant to Section 8(b).
- g."Work" means the copyrightable work of authorship offered under the terms of this License.
- h."You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
2.Fair Use Rights.
Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, free, non-exclusive license to exercise the rights in the Work during the Term solely for Educational Purposes as stated below:
- a.to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
- b.to distribute copies or phonorecords of, display publicly, or perform publicly(including by means of a digital audio transmission) the Work including as incorporated in Collective Works;
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats, but otherwise you have no rights to make Derivative Works. All rights not expressly granted by Licensor are hereby reserved.
The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
- a.You may distribute, publicly display, publicly perform (digitally or otherwise) the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier ("URI") for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform (digitally or otherwise). You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, or publicly perform (digitally or otherwise) the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not 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, upon notice from Licensor You must, to the extent practicable, remove from the Collective Work any credit as required by clause 4(c), as requested.
- b.You may not exercise any of the rights granted to You in Section 3 above in any manner that is for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
- c.If you distribute, publicly display, or publicly perform (digitally or otherwise) the Work, You must keep intact all copyright notices for the Work or Collective Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author as supplied in the attribution file, and/or (ii) if the Original Author and/or Licensor designate another party or parties (e.g. a sponsor institute, publishing entity, journal) for attribution in Licensor's copyright notice or attribution file, terms of service or by other reasonable means, the name of such party or parties; the title of the Work if supplied; and to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work. Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Collective Work, at a minimum, such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
- d.You may not exercise any of the rights granted to You in Section 3 above for any purpose other than a non-commercial Educational Purpose.
- e.You may not create Derivative Works.
5.Representations, Warranties and Disclaimer.
UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS 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 ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 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 Collective Works from You under this License, however, will not have their licenses terminated, provided such individuals or entities remain in full compliance with this license. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
- b.Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; 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 until the Expiration Date unless earlier terminated as stated above.
- a.Each time You distribute or publicly perform (digitally or otherwise) the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
- b.Licensor may, in its sole discretion, extend the Expiration Date for the Work. You are encouraged to check back to the Web site for any such changes to the Expiration Date(s).
- c.If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
- d.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 and signed by the party to be charged with such waiver or consent.