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10365 Berlin

 

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LICENCE

THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE (“CCPL” OR “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. 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

  1. “Adapt­a­tion” means a work based upon the Work, or upon the Work and other pre-exis­ting works, such as a trans­la­tion, adapt­a­tion, deri­va­tive work, arran­ge­ment of music or other altera­ti­ons of a lite­rary or artis­tic work, or phono­gram or perfor­mance and includes cine­ma­to­gra­phic adapt­a­ti­ons or any other form in which the Work may be recast, trans­for­med, or adapted inclu­ding in any form reco­gniz­ably deri­ved from the origi­nal, except that a work that consti­tu­tes a Coll­ec­tion will not be conside­red an Adapt­a­tion for the purpose of this License. For the avoid­ance of doubt, where the Work is a musi­cal work, perfor­mance or phono­gram, the synchro­niza­tion of the Work in timed-rela­tion with a moving image (“synching”) will be conside­red an Adapt­a­tion for the purpose of this License.
  2. “Coll­ec­tion” means a coll­ec­tion of lite­rary or artis­tic works, such as ency­clo­pe­dias and antho­lo­gies, or perfor­man­ces, phono­grams or broad­casts, or other works or subject matter other than works listed in Section 1(f) below, which, by reason of the selec­tion and arran­ge­ment of their contents, consti­tute intellec­tual crea­ti­ons, in which the Work is included in its enti­rety in unmo­di­fied form along with one or more other contri­bu­ti­ons, each consti­tu­ting sepa­rate and inde­pen­dent works in them­sel­ves, which toge­ther are assem­bled into a coll­ec­tive whole. A work that consti­tu­tes a Coll­ec­tion will not be conside­red an Adapt­a­tion (as defi­ned above) for the purpo­ses of this License.
  3. “Distri­bute” means to make available to the public the origi­nal and copies of the Work through sale or other trans­fer of ownership.
  4. “Licen­sor” means the indi­vi­dual, indi­vi­du­als, entity or enti­ties that offer(s) the Work under the terms of this License.
  5. “Origi­nal Author” means, in the case of a lite­rary or artis­tic work, the indi­vi­dual, indi­vi­du­als, entity or enti­ties who crea­ted the Work or if no indi­vi­dual or entity can be iden­ti­fied, the publisher; and in addi­tion (i) in the case of a perfor­mance the actors, singers, musi­ci­ans, dancers, and other persons who act, sing, deli­ver, declaim, play in, inter­pret or other­wise perform lite­rary or artis­tic works or expres­si­ons of folk­lore; (ii) in the case of a phono­gram the produ­cer being the person or legal entity who first fixes the sounds of a perfor­mance or other sounds; and, (iii) in the case of broad­casts, the orga­niza­tion that trans­mits the broadcast.
  6. “Work” means the lite­rary and/or artis­tic work offe­red under the terms of this License inclu­ding without limi­ta­tion any produc­tion in the lite­rary, scien­ti­fic and artis­tic domain, whate­ver may be the mode or form of its expres­sion inclu­ding digi­tal form, such as a book, pamphlet and other writing; a lecture, address, sermon or other work of the same nature; a drama­tic or drama­tico-musi­cal work; a choreo­gra­phic work or enter­tain­ment in dumb show; a musi­cal compo­si­tion with or without words; a cine­ma­to­gra­phic work to which are assi­mi­la­ted works expres­sed by a process analog­ous to cine­ma­to­gra­phy; a work of drawing, pain­ting, archi­tec­ture, sculp­ture, engra­ving or litho­gra­phy; a photo­gra­phic work to which are assi­mi­la­ted works expres­sed by a process analog­ous to photo­gra­phy; a work of applied art; an illus­tra­tion, map, plan, sketch or three-dimen­sio­nal work rela­tive to geogra­phy, topo­gra­phy, archi­tec­ture or science; a perfor­mance; a broad­cast; a phono­gram; a compi­la­tion of data to the extent it is protec­ted as a copy­righ­ta­ble work; or a work perfor­med by a variety or circus perfor­mer to the extent it is not other­wise conside­red a lite­rary or artis­tic work.
  7. “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.
  8. “Publicly Perform” means to perform public reci­ta­ti­ons of the Work and to commu­ni­cate to the public those public reci­ta­ti­ons, by any means or process, inclu­ding by wire or wire­less means or public digi­tal perfor­man­ces; to make available to the public Works in such a way that members of the public may access these Works from a place and at a place indi­vi­du­ally chosen by them; to perform the Work to the public by any means or process and the commu­ni­ca­tion to the public of the perfor­man­ces of the Work, inclu­ding by public digi­tal perfor­mance; to broad­cast and rebroad­cast the Work by any means inclu­ding signs, sounds or images.
  9. “Repro­duce” means to make copies of the Work by any means inclu­ding without limi­ta­tion by sound or visual recor­dings and the right of fixa­tion and repro­du­cing fixa­ti­ons of the Work, inclu­ding storage of a protec­ted perfor­mance or phono­gram in digi­tal form or other elec­tro­nic medium.

 

2. Fair Dealing Rights

Nothing in this License is inten­ded to reduce, limit, or rest­rict any uses free from copy­right or rights arising from limi­ta­ti­ons or excep­ti­ons that are provi­ded for in connec­tion with the copy­right protec­tion 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, royalty-free, non-exclu­sive, perpe­tual (for the dura­tion of the appli­ca­ble copy­right) license to exer­cise the rights in the Work as stated below:

  1. to Repro­duce the Work, to incor­po­rate the Work into one or more Coll­ec­tions, and to Repro­duce the Work as incor­po­ra­ted in the Coll­ec­tions; and,
  2. to Distri­bute and Publicly Perform the Work inclu­ding as incor­po­ra­ted in Collections.

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 Adapt­a­ti­ons. Subject to 8(f), all rights not expressly gran­ted by Licen­sor are hereby reser­ved, inclu­ding but not limi­ted to the rights set forth in Section 4(d).

4. Restrictions

The license gran­ted in Section 3 above is expressly made subject to and limi­ted by the follo­wing restrictions:

  1. You may Distri­bute or Publicly Perform the Work only under the terms of this License. You must include a copy of, or the Uniform Resource Iden­ti­fier (URI) for, this License with every copy of the Work You Distri­bute or Publicly Perform. You may not offer or impose any terms on the Work that rest­rict the terms of this License or the ability of the reci­pi­ent of the Work to exer­cise the rights gran­ted to that reci­pi­ent under the terms of the License. You may not subli­cense the Work. You must keep intact all noti­ces that refer to this License and to the disclai­mer of warran­ties with every copy of the Work You Distri­bute or Publicly Perform. When You Distri­bute or Publicly Perform the Work, You may not impose any effec­tive tech­no­lo­gi­cal measu­res on the Work that rest­rict the ability of a reci­pi­ent of the Work from You to exer­cise the rights gran­ted to that reci­pi­ent under the terms of the License. This Section 4(a) applies to the Work as incor­po­ra­ted in a Coll­ec­tion, but this does not require the Coll­ec­tion apart from the Work itself to be made subject to the terms of this License. If You create a Coll­ec­tion, upon notice from any Licen­sor You must, to the extent prac­ti­ca­ble, remove from the Coll­ec­tion any credit as requi­red by Section 4©, as requested.
  2. 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 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 inten­ded 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.
  3. If You Distri­bute, or Publicly Perform the Work or Coll­ec­tions, You must, unless a request 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 are utili­zing: (i) the name of the Origi­nal Author (or pseud­onym, if appli­ca­ble) if supplied, and/or if the Origi­nal Author and/or Licen­sor desi­gnate another party or parties (e.g., a spon­sor insti­tute, publi­shing entity, jour­nal) for attri­bu­tion (“Attri­bu­tion Parties”) in Licensor’s copy­right notice, terms of service or by other reasonable means, the name of such party or parties; (ii) the title of the Work if supplied; (iii) to the extent reason­ably prac­ti­ca­ble, the URI, 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. The credit requi­red by this Section 4© may be imple­men­ted in any reasonable manner; provi­ded, howe­ver, that in the case of a Coll­ec­tion, at a mini­mum such credit will appear, if a credit for all contri­bu­ting authors of Coll­ec­tion 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 Section for the purpose of attri­bu­tion in the manner set out above and, by exer­cis­ing Your rights under this License, You may not impli­citly or expli­citly assert or imply any connec­tion with, spon­sor­ship or endor­se­ment by the Origi­nal Author, Licen­sor and/or Attri­bu­tion Parties, as appro­priate, of You or Your use of the Work, without the sepa­rate, express prior writ­ten permis­sion of the Origi­nal Author, Licen­sor and/or Attri­bu­tion Parties.
  4. For the avoid­ance of doubt:
    1. Non-waiva­ble Compul­sory License Sche­mes. In those juris­dic­tions in which the right to coll­ect royal­ties through any statu­tory or compul­sory licen­sing scheme cannot be waived, the Licen­sor reser­ves the exclu­sive right to coll­ect such royal­ties for any exer­cise by You of the rights gran­ted under this License;
    2. Waiva­ble Compul­sory License Sche­mes. In those juris­dic­tions in which the right to coll­ect royal­ties through any statu­tory or compul­sory licen­sing scheme can be waived, the Licen­sor reser­ves the exclu­sive right to coll­ect such royal­ties for any exer­cise by You of the rights gran­ted under this License if Your exer­cise of such rights is for a purpose or use which is other­wise than noncom­mer­cial as permit­ted under Section 4(b) and other­wise waives the right to coll­ect royal­ties through any statu­tory or compul­sory licen­sing scheme; and,
    3. Volun­t­ary License Sche­mes. The Licen­sor reser­ves the right to coll­ect royal­ties, whether indi­vi­du­ally or, in the event that the Licen­sor is a member of a coll­ec­ting society that admi­nis­ters volun­t­ary licen­sing sche­mes, via that society, from any exer­cise by You of the rights gran­ted under this License that is for a purpose or use which is other­wise than noncom­mer­cial as permit­ted under Section 4(b).
  5. Except as other­wise agreed in writing by the Licen­sor or as may be other­wise permit­ted by appli­ca­ble law, if You Repro­duce, Distri­bute or Publicly Perform the Work either by itself or as part of any Coll­ec­tions, You must not distort, muti­late, modify or take other dero­ga­tory action in rela­tion to the Work which would be preju­di­cial to the Origi­nal Author’s honor or reputation.

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 OF 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.

7. Termination

  1. 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 Coll­ec­tions 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.
  2. 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 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 unless termi­na­ted as stated above.

8. Miscellaneous

  1. Each time You Distri­bute or Publicly Perform the Work or a Coll­ec­tion, 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.
  2. 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.
  3. 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.
  4. 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 appear in any commu­ni­ca­tion from You. This License may not be modi­fied without the mutual writ­ten agree­ment of the Licen­sor and You.
  5. The rights gran­ted under, and the subject matter refe­ren­ced, in this License were draf­ted utili­zing the termi­no­logy of the Berne Conven­tion for the Protec­tion of Lite­rary and Artis­tic Works (as amen­ded on Septem­ber 28, 1979), the Rome Conven­tion of 1961, the WIPO Copy­right Treaty of 1996, the WIPO Perfor­man­ces and Phono­grams Treaty of 1996 and the Univer­sal Copy­right Conven­tion (as revi­sed on July 24, 1971). These rights and subject matter take effect in the rele­vant juris­dic­tion in which the License terms are sought to be enforced accor­ding to the corre­spon­ding provi­si­ons of the imple­men­ta­tion of those treaty provi­si­ons in the appli­ca­ble natio­nal law. If the stan­dard suite of rights gran­ted under appli­ca­ble copy­right law includes addi­tio­nal rights not gran­ted under this License, such addi­tio­nal rights are deemed to be included in the License; this License is not inten­ded to rest­rict the license of any rights under appli­ca­ble law.

Creative Commons Notice

Crea­tive Commons is not a party to this License, and makes no warranty whatsoe­ver in connec­tion with the Work. Crea­tive Commons will not be liable to You or any party on any legal theory for any dama­ges whatsoe­ver, inclu­ding without limi­ta­tion any gene­ral, special, inci­den­tal or conse­quen­tial dama­ges arising in connec­tion to this license. Notwi­th­stan­ding the fore­go­ing two (2) senten­ces, if Crea­tive Commons has expressly iden­ti­fied itself as the Licen­sor hereun­der, it shall have all rights and obli­ga­ti­ons of Licensor.

Except for the limi­ted purpose of indi­ca­ting to the public that the Work is licen­sed under the CCPL, Crea­tive Commons does not autho­rize the use by either party of the trade­mark “Crea­tive Commons” or any rela­ted trade­mark or logo of Crea­tive Commons without the prior writ­ten consent of Crea­tive Commons. Any permit­ted use will be in compli­ance with Crea­tive Commons’ then-current trade­mark usage guide­lines, as may be published on its website or other­wise made available upon request from time to time. For the avoid­ance of doubt, this trade­mark rest­ric­tion does not form part of this License.

Crea­tive Commons may be cont­ac­ted at https://creativecommons.org/.