Terms of Use of www.Aviero.com
Attribution-NonCommercial-NoDerivs
2.0
License
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. The licensor grants
you the rights contained here in consideration of your acceptance of such terms
and conditions.
1. Definitions
- "Collective
Work" means a work, such as a periodical issue, anthology or
encyclopedia, 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.
- "Derivative
Work" means a work based upon the Work or upon the Work and other pre-existing
works, such as a translation, musical arrangement, dramatization,
fictionalization, motion picture version, sound recording, art
reproduction, abridgment, condensation, or any other form in which the
Work may be recast, transformed, or adapted, except that a work that
constitutes 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 video, 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.
- "Licensor"
means the individual or entity that offers the Work under the terms of
this License, namely Aviero Inc.
- "Original
Author" means the individual or entity who
created the Work, namely Aviero Inc.
- "Work"
means the copyrightable work of authorship offered under the terms of this
License, specifically, the user-contributed contents of the www.Aviero.com
web site, but excluding the Aviero User Guides, and the web site
software.
- "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.
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:
- 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;
- to
distribute copies or phonorecords of, display
publicly, perform publicly, and perform publicly 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,
including but not limited to the rights set forth in Sections 4(d) and 4(e).
4. Restrictions. The license granted in Section 3 above is
expressly made subject to and limited by the following restrictions:
- You
may distribute, publicly display, publicly perform, or publicly digitally
perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource
Identifier for, this License with every copy or phonorecord
of the Work You distribute, publicly display, publicly perform, or
publicly digitally perform. 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,
publicly perform, or publicly digitally perform 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 any Licensor You must, to the extent
practicable, remove from the Collective Work any reference to such
Licensor or the Original Author, as requested.
- 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.
- If
you distribute, publicly display, publicly perform, or publicly digitally
perform the Work, You must keep intact all copyright notices for the Work
and give the Original Author credit reasonable to the medium or means You
are utilizing by conveying the name (or pseudonym if applicable) of the
Original Author if supplied; 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.
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
- 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 those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive
any termination of this License.
- 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
- Each
time You distribute or publicly digitally perform
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.
- 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.
- 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.
- 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.