Creative Commons Attribution 3.0 Australia
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
SERVICES. DISTRIBUTION OF THIS LICENCE DOES NOT CREATE AN ATTORNEY-CLIENT
RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS.
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License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS
PUBLIC LICENCE ("LICENCE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER
APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORISED UNDER THIS LICENCE 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 LICENCE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN
CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
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1. Definitions
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a. "Collection" means the Work in its entirety in
unmodified form along with one or more other separate and independent
works, assembled into a collective whole. A Collection may, for example,
include a periodical, encyclopedia or anthology. A Collection will not
be considered a Derivative Work for the purposes of this Licence.
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b. "Derivative Work" means material in any form that is
created by editing, modifying or adapting the Work, a substantial part
of the Work, or the Work and other pre-existing works. Derivative Works
may, for example, include a translation, adaptation, musical
arrangement, dramatisation, motion picture version, sound recording, art
reproduction, abridgment, condensation, or any other form in which the
Work may be transformed or adapted, except that a Collection will not be
considered a Derivative Work for the purpose of this Licence. 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 Licence.
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c. "Distribute" means to make available to the public
by any means, including publication, electronic communication, or
broadcast.
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d. "Licensor" means the individual, individuals, entity
or entities that offer(s) the Work under the terms of this Licence.
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e. "Original Author" means the individual, individuals,
entity or entities who created the Work.
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f. "Reproduce" means to make a copy of the Work in any
material form (eg storage in digital form).
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g. "Work" means the material (including any work or
other subject matter) protected by copyright which is offered under the
terms of this Licence. This may include (without limitation) a literary,
dramatic, musical or artistic work; a sound recording or cinematograph
film; a published edition of a literary, dramatic, musical or artistic
work; or a television or sound broadcast.
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h. "You" means an individual or entity exercising
rights under this Licence who has not previously violated the terms of
this Licence with respect to the Work, or who has received express
permission from the Licensor to exercise rights under this Licence
despite a previous violation.
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2. Fair Dealing and Other Rights
Nothing in this Licence is
intended to reduce, limit, or restrict any uses free from copyright or rights
arising from limitations or exceptions under copyright law or any other
applicable laws.
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3. License Grant
3A Grant of Rights
Provided that the
terms set out in this Licence are satisfied, the Licensor grants to You a
worldwide, royalty-free, non-exclusive, perpetual (for the duration of the
applicable copyright) licence to exercise the following rights:
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a. Reproduce the Work;
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b. incorporate the Work into one or more Collections;
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c. Reproduce the Work as incorporated in any
Collection;
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d. create and Reproduce one or more Derivative Works;
and
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e. Distribute and publicly perform the Work, a
Derivative Work or the Work as incorporated in any Collection.
3B Media and Formats
The above rights may be exercised in any media or
format whether now known or hereafter created. They include the right to
make modifications that are technically necessary to exercise the rights in
other media and formats.
3C Other Rights Reserved
All rights not expressly granted by the Licensor
are reserved. The Licensor waives the right to collect royalties for any
exercise by You of the rights granted under this Licence.
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4. Restrictions
The licence granted above is limited by the
following restrictions.
- 4A Restrictions on Distribution and Public Performance of the
Work
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a. You may Distribute and publicly perform the
Work only under the terms of this Licence.
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b. You must include a copy of, or the Uniform
Resource Identifier (such as a web link) for, this Licence with
every copy of the Work You Distribute or publicly perform.
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c. You must not offer or impose any terms on
the Work that restrict this Licence or the ability of a
recipient of the Work from You to exercise the rights granted to
them by this Licence.
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d. You are not granted the right to sublicense
the Work. The rights of recipients of the Work from You are
governed by clause 9.
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e. You must keep intact all notices that refer
to this Licence and to the disclaimer of warranties with every
copy of the Work You Distribute or publicly perform.
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f. When You Distribute or publicly perform the
Work, You must not impose any technological measures on it that
restrict the ability of a recipient of the Work from You to
exercise the rights granted to them by this Licence.
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g. For the avoidance of doubt, while this
clause 4A applies to the Work as incorporated into a Collection,
it does not require other material within the Collection, or the
Collection apart from the Work itself, to be made subject to
this Licence.
- 4B Attribution and Notice Requirements
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- 4C Moral Rights
Moral rights remain unaffected to the extent they
are recognised and nonwaivable at law. In this clause 4C, "moral
rights" means the personal rights granted by law to the Original
Author of a copyright work. For example, Part IX of the Copyright
Act 1968 (Cth) grants authors the right of integrity of authorship,
the right of attribution of authorship, and the right not to have
authorship falsely attributed.
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5. Representations, Warranties and Disclaimer
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a. Except as expressly stated in this Licence or
otherwise agreed to by the parties in writing, and to the full extent
permitted by applicable law, the Licensor offers the Work "as-is" and
makes no representations, warranties or conditions of any kind
concerning the Work, express, implied, statutory or otherwise. This
includes, without limitation, any representations, warranties or
conditions regarding:
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i. the contents or accuracy of the Work;
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ii. title, merchantability, or fitness for a
particular purpose;
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iii. non-infringement;
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iv. the absence of latent or other defects; or
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v. the presence or absence of errors, whether
or not discoverable.
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b. The Trade Practices Act 1974 (Cth), and the
corresponding State and Territory fair trading legislation, imply
certain warranties and conditions in certain circumstances, such as the
right to supply or fitness for purpose of goods or services supplied to
a consumer. Clause 5(a) cannot and is not intended to exclude, restrict
or modify these warranties.
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6. Limit of Liability
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a. To the full extent permitted by applicable law, and
except for any liability arising from contrary agreement, in no event
will the Licensor be liable to You on any legal basis (including without
limitation, negligence) for any loss or damage whatsoever, including
(without limitation):
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- i. loss of production or operation time,
loss, damage or corruption of data or records; or
- ii. loss of anticipated savings, opportunity,
revenue, profit or goodwill, or other economic loss; or
- iii. any special, incidental, consequential,
punitive or exemplary damages arising out of or in connection
with this Licence or the use of the Work, even if the Licensor
has been advised of the possibility of such damages.
- b. If applicable legislation implies warranties or
conditions, or imposes obligations or liability on the Licensor in
respect of this Licence that cannot be wholly or partly excluded,
restricted or modified, the Licensor's liability is limited, to the full
extent permitted by the applicable legislation, at its option, to:
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i. in the case of goods, any one or more of the
following:
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- * the replacement of the goods or the supply
of equivalent goods;
- * the repair of the goods;
- * the payment of the cost of replacing the
goods or of acquiring equivalent goods;
- * the payment of the cost of having the goods
repaired; or
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ii. in the case of services:
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- * the supplying of the services again; or
- * the payment of the cost of having the
services supplied again.
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c. The Trade Practices Act 1974 (Cth), and the
corresponding State and Territory fair trading legislation, restrict the
limitation of liability in certain circumstances, such as a contract for
the supply of goods or services of a kind ordinarily acquired for
personal, domestic, or household use. Clauses 6(a) and 6(b) cannot and
are not intended to apply in circumstances where it is prohibited by
law.
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7. Termination
This Licence and the rights granted to You
under this Licence shall terminate automatically upon any breach by You of
the terms of the Licence. Individuals or entities who have received a
Derivative Work or a Collection from You pursuant to this Licence, however,
will not have their licences terminated provided they remain in full
compliance with those licences. Clauses 1, 2, 5, 6, 7, 8, 9, 10, 11, 12 and
13 shall survive any termination of this Licence.
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8. Licensor's Rights Retained
Subject to the above terms,
the Licence granted here is perpetual (for the duration of the applicable
copyright in the Work). Notwithstanding this, the Licensor reserves the
right to release the Work under different licence terms or to stop
distributing the Work at any time. However, any such release will not serve
to withdraw this Licence (or any other licence that has been granted under
the terms of this Licence), and this Licence will continue in full force and
effect unless terminated as stated above.
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9. Licence Grant to Recipients of the Work from You
Each
time You Distribute or publicly perform the Work, a Derivative Work or a
Collection the Licensor offers the recipient a licence to the Work on the
same terms as are granted to You under this Licence.
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10. Severability
If any provision of this Licence is invalid
or unenforceable under applicable law, it shall not affect the validity or
enforceability of the remainder of the terms of this Licence. 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.
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11. Waivers and Consents
No term of this Licence shall be
deemed waived and no breach consented to unless such waiver or consent is in
writing and signed by the relevant party.
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12. Entire Agreement
This Licence constitutes the entire
agreement between the parties. To the full extent permitted by law, there
are no understandings, agreements or representations with respect to the
Work not specified here. The Licensor shall not be bound by any additional
provisions that may appear in any communication from You. This Licence may
not be modified without the written agreement of the Licensor and You.
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13. Governing Law
The construction, validity and performance
of this Licence shall be governed by the laws in force in the Australian
Capital Territory, Australia.
Creative Commons Notice
Creative Commons is not a party to this Licence, and, to the full extent permitted by
applicable law, makes no representation or warranty whatsoever in connection with
the Work. To the full extent permitted by applicable law, Creative Commons will not
be liable to You or any party on any legal theory (including, without limitation,
negligence) 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 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 Licence, neither party will use 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.
Creative Commons may be contacted at https://creativecommons.org/ .