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META-SHARE IS NOT A LAW FIRM AND DOES
NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENCE DOES NOT CREATE AN
AGENT-CLIENT RELATIONSHIP. META-SHARE PROVIDES THIS INFORMATION ON AN
"AS-IS" BASIS. META-SHARE MAKES NO WARRANTIES REGARDING THE INFORMATION
PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
META-SHARE
Commons BY NC ND Licence
This META-SHARE Licence enables You to
Use the Resource worldwide for non-commercial purposes provided that You keep
to the terms of this Licence.
1. Definitions of Capitalised Words
a. "Collective Work" means a work made up of the Work in
its entirety in unmodified form, along with other work, assembled into a
collective whole.
b. "Derivative" means any material that Uses the
Resource (or any substantial part of it) in any material form whatsoever (such
as a translation, dramatisation or abridgment), other than (i) as a whole and
in unmodified form or (ii) by modifying it as may be technically necessary to
Use it in a different mode or format; but a Collective Work is not a Derivative
for the purpose of this Licence.
c. "Derogatory Treatment" means a treatment which distorts or
mutilates the Resource or is otherwise prejudicial to the honour or reputation
of the Original Author or the Licensor.
d. "Licence Elements" means the following licence attributes
indicated in the title of this Licence: Attribution, Non-commercial, No
Derivatives.
e. "Licensor" means the Person offering the Resource under
the terms and conditions of this Licence.
f.
"META-SHARE
" is a network
of distributed repositories of LRs.
g. "Original Author" means the Person who obtained any
copyright or the sui generis Database Right in the Resource or any parts of it
and is named as such in the Attribution Data.
h. "Person" means a natural person or a body of
persons corporate or incorporate.
i.
"Use", as a verb, means doing any act which
is restricted by copyright or neighbouring rights (including database rights),
whether in the original medium or any other; and includes modifying the
Resource as may be technically necessary to Use it in a different mode or
format.
j.
"Work" means any work protected by copyright
(or by database rights if applicable) which is offered under the terms of this
Licence, and includes works forming only a part of the Resource as well works
as incorporated in any Collective Work.
k. "You" means the Person acquiring rights
under this Licence.
l.
"Attribution
Data" means a field of metadata accompanying
every Resource, containing a specified string of characters to be used for
attribution of the Resource.
m. "Resource" means the language resource offered to
You under the terms of this Licence.
n. Words in the
singular include the plural and vice versa.
2. The Rights Granted
2.1 Subject
to the exceptions under clause 2.2, and the conditions and reservations under
clauses 2.3 to 2.9 below, the Licensor grants to You a worldwide, clear
of any third party rights,
non-exclusive, Non Commercial licence to Use the Resource within the META-SHARE
network. This licence covers the copyright and the sui generis database right
over the Resource and is an agreement between You and the Licensor for access
to the Resources. For the purpose of this Licence, Use within the META-SHARE
network is encompassing all acts under clause 1. i.
So you may, for example
a. copy the Resource, or incorporate it
into a Collective Work;
b. extract and re-utilise of the whole or
substantial parts of the Resource;
c. copy the Resource as incorporated in
any Collective Work; and
d. publish, perform or communicate the
Resource and/or the Resource as incorporated in any Collective Work to anyone
by any means and in any medium whether
now known or created in the future.
2.2 However,
this Licence does not allow you to:
a. Use the Resource for any purpose other
than research or in any way primarily intended for commercial advantage or
payment; but exchange for other protected material without payment (whether by
means of digital file-sharing or otherwise) is not to be taken to be so
intended;
b. create any derivative works;
c. impose any terms or any technological
measures on the Resource, that alter or restrict the terms of this Licence or
any rights granted under it or have the effect or intent of restricting the
ability of any person to exercise those rights;
d. sublicense the Resource; or
e. subject the Resource to Derogatory
Treatment.
2.3 You
must, if you publish or distribute the Resource to anyone else in any way, give
reasonable credit to the Original Author or owner of the sui generis database
right as prescribed in the Attribution Data.
These are important conditions of this Licence,
and if you fail to comply with them you will be in material breach of its
terms.
2.4 The
Original Author asserts the right to be identified as the original author of
the Work, as forming part of the Resource if applicable; but only as and when
required by clause 2.3 above.
2.5 You
must also, if you publish or distribute the Resource to anyone else within
META-SHARE in any way:
a. include a copy of this Licence with it;
and
b. keep intact any copyright and sui
generis database right notices for the Resource and notices that refer
to this Licence.
These are important conditions of this
Licence, and if you fail to comply with them you will be in material breach of
its terms.
2.6 Each
time You publish the Resource to anyone else within META-SHARE in any way, the
Licensor offers to the recipient a licence to the Resource on the same terms
and conditions as this Licence.
2.7 And:
a. The right to collect royalties or other
fees for any commercial use of the Resource is reserved;
b. any right to collect payments via a licensing
body or collecting society for any commercial use of the Resource is reserved;
c. the right to collect payments under the
Public Lending Right scheme (or any public scheme that provides payment for
public borrowing or use) is reserved;
d. the right to release the Resource under
different terms, or to stop distributing the Resource, is reserved; and
e. all other rights not expressly granted
by the Licensor are reserved.
2.8 This
Licence does not affect any rights that You or anyone else may independently
have under any applicable law (including fair dealing, fair use, or any other
legally recognised limitation or exception to copyright infringement) to make
any Use of this Resource.
2.9 This Licence does not allow You to claim
any endorsement or approval by the Licensor or the Original Author of You or
your use of the Resource without their express written permission.
3. Warranties and Disclaimer
The Resource is licensed by the
Licensor "as is" and without any warranty of any kind, either express
or implied, whether of title, of accuracy, of fitness for purpose, or
otherwise.
4. Limit of Liability
Subject to any liability which may not
be excluded or limited by law, the Licensor shall not be liable for, and
expressly excludes, all liability for loss or damage however and whenever
caused to anyone by any Use under this Licence, whether by You or by anyone
else, and whether caused by any fault on the part of the Licensor or not. If
liability may not be excluded by law, it is limited to actual and direct
financial loss to the extent it is caused by proved gross negligence on the
part of the Licensor.
5. Termination
5.1 Any
breach by You of the terms of this licence (for example, by distributing the
Resource without attributing as appropriate) entitles the Licensor to terminate
your Licence with immediate effect and without notice to you. Persons who have
received the Resource or Collective Works from You under this Licence, however,
will not have their licences terminated provided their use is in full
compliance with this Licence or a licence granted under clause 2.6 of this
Licence.
5.2 If
You are not in breach of the terms of this Licence, the Licensor may not
terminate your rights under it.
5.3 Unless
terminated under clause 5.1, this Licence is granted to you for the duration of
any rights in the Resource as mentioned in clause 2.1.
6. General
6.1 If
any provision of this Licence is held to be invalid or unenforceable, that
shall not affect the validity or enforceability of the remainder of the terms
of this Licence.
6.2 This
Licence is the entire agreement between the parties with respect to the
Resource licensed here but hereby allows for additional agreements that grant
more rights than this License. It replaces any earlier understandings,
agreements or representations with respect to the Resource not specified here.
6.3 If
You are in breach of the terms of this Licence (for example, by distributing
the Resource without attributing as appropriate) you will not be entitled to
rely on the terms of this Licence or to complain of any breach by the Licensor.
6.4 If
there is any dispute as to the meaning or effect of any provision of this
Licence, it must so far as possible be read and given effect in a way that is
compatible with the provisions of any subsequent version of the META-SHARE
Commons licence, which has the same Licence Elements.
6.5 As
far as arbitration processes have been established within META-SHARE, any
dispute arising in connection with this Licence or the Resource has to adhere
to these processes before being filed at public justice bodies.
The Notice below is not part of this
licence.
META-SHARE NOTICE
META-SHARE is not a party to this
Licence, and makes no warranty whatsoever in connection with the Resource.
META-SHARE 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 licence.
Notwithstanding the foregoing two (2) sentences, if META-SHARE 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 Resource is licensed under the META-SHARE
Licence, neither party will use the trademark "META-SHARE" or any
related trademark or logo of META-SHARE without the prior written consent of
META-SHARE. Any permitted use will be in compliance with META-SHARE's
then-current trademark usage guidelines, as may be published on its website or
otherwise made available upon request from time to time.