License for Arts, Humanities and Databases

A Quick Preview:

You are free to:

  • Share — copy and redistribute the material in any medium or format
  • Adapt — remix, transform, and build upon the material

The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

  • Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
  • NonCommercial — You may not use the material for commercial purposes.
  • NonPolitical — You may not use the material for political purposes.
  • ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.
  • No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

License, in full details:

ACUnion Kizunami (“Kizunami”) is not a law firm and does not provide legal services or legal advice. Distribution of License for Arts, Humanities and Databases does not create a lawyer-client or other relationship. Kizunami makes its licenses and related information available on an “as-is” basis. Kizunami gives no warranties regarding its licenses, any material licensed under their terms and conditions, or any related information. Kizunami disclaims all liability for damages resulting from their use to the fullest extent possible.

By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this License for Arts, Humanities and Databases (“License”) and its future updates. To the extent this License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions.

Section 1 – Definitions.

  1. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, cropped, transformed or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed-relation with a moving image.
  2. Adapter’s License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this License.
  3. Compatible License means this License, and those approved by ACUnion Kizunami as essentially the equivalent of this License
  4. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labelled or categorized. For purposes of this License, the rights specified in Section 2.2.1.2 are not Copyright and Similar Rights.
  5. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
  6. Exceptions and Limitations mean fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that apply to Your use of the Licensed Material.
  7. License Elements means the license attributes listed in the name of this License. For this License, it is KL-AHD
  8. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied for this License.
  9. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
  10. Licensor means the individual(s) or entity(ies) granting rights under this License.
  11. NonCommercial means not primarily intended for or directed towards commercial advantage or monetary compensation. For purposes of this License, the exchange of the Licensed Material for other material subject to Copyright and Similar Rights by digital file-sharing or similar means is NonCommercial provided there is no payment of monetary compensation or benefits of commercial advantage to the You in connection with the exchange.
  12. NonPoitical means not primarily intended for or directed towards political advantage (including but not limited to Political bargaining chips, political achievements, government and national enterprises and public institutions’ position promotion or job title evaluation). The use by the government and state-owned enterprises and institutions are also excluded from NonPolitical.
  13. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
  14. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
  15. You means the individual or entity exercising the Licensed Rights under this License. Your has a corresponding meaning.

Section 2 – Scope.

  1. License grant.
    1. Subject to the terms and conditions of this License, the Licensor hereby grants You a royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material in limited regions (see section 9.1) to:
      1. reproduce and Share the Licensed Material, in whole or in part, for NonCommercial and NonPolitical purposes only; and
      2. produce, reproduce, and Share Adapted Material for NonCommercial and NonPolitical purposes only.
    2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this License does not apply, and You do not need to comply with its terms and conditions.
    3. Term. The term of this License is specified in Section 6.1.
    4. Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this License, simply making modifications authorized by this Section 2.1.4 never produces Adapted Material.
    5. Downstream recipients.
      1. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this License.
      2. Additional offer from the Licensor – Adapted Material. Every recipient of Adapted Material from You automatically receives an offer from the Licensor to exercise the Licensed Rights in the Adapted Material under the conditions of the Adapter’s License You apply.
      3. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
    6. No endorsement. Nothing in this License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3.1.1.1.
  2. Other rights.
    1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
    2. Patent and trademark rights are not licensed under this Public License.
    3. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases, the Licensor expressly reserves any right to collect such royalties, including when the Licensed Material is used other than for NonCommercial purposes.

Section 3 – License Conditions.

Your exercise of the Licensed Rights is expressly made subject to the following conditions.

  1. Attribution.
    1. If You Share the Licensed Material (including in modified form), You must:
      1. retain the following if it is supplied by the Licensor with the Licensed Material:
        1. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
        2. a copyright notice;
        3. a notice that refers to this License;
        4. a notice that refers to the disclaimer of warranties;
        5. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
      2. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
      3. indicate the Licensed Material is licensed under this License, and include the text of, or the URI or hyperlink to, this License. A constantly updated web version of the License should exist.
    2. You may satisfy the conditions in Section 3.1.1 in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
    3. If requested by the Licensor, You must remove any of the information required by Section 3.1.1.1 to the extent reasonably practicable.
  2. ShareAlike. In addition to the conditions in Section 3.1, if You Share Adapted Material You produce, the following conditions also apply.
    1. The Adapter’s License You apply must be an ACUnion Kizunami license with the same License Elements, this version or later, or a Compatible License.
    2. You must include the text of, or the URI or hyperlink to, the Adapter’s License You apply. You may satisfy this condition in any reasonable manner based on the medium, means, and context in which You Share Adapted Material.
    3. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, Adapted Material that restrict the exercise of the rights granted under the Adapter’s License You apply.

Section 4 – Sui Generis Database Rights.

Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:

  1. for the avoidance of doubt, Section 2.1.1 grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database for NonCommercial purposes only;
  2. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material, including for purposes of Section 3.2; and
  3. You must comply with the conditions in Section 3.1 if You Share all or a substantial portion of the contents of the database.

For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this License where the Licensed Rights include other Copyright and Similar Rights.

Section 5 – Disclaimer of Warranties and Limitation of Liability.

  1. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
  2. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
  3. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

Section 6 – Term and Termination.

  1. This License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this License, then Your rights under this License terminate automatically.
  2. Where Your right to use the Licensed Material has terminated under Section 6.1, it reinstates:
    1. automatically as of the date the violation is cured, provided it is cured within 24 hours of Your discovery of the violation; or
    2. upon express reinstatement by the Licensor. For the avoidance of doubt, this Section 6.2 does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.
  3. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this License.
  4. Sections 1, 5, 6, 7, 8 and 9 survive termination of this License.

Section 7 – Other Terms and Conditions.

  1. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless formally agreed.
  2. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this License.
  3. When a newer version of this License is updated, the original version would automatically become invalid and the newer version would take effect.
  4. If a dispute occurs, any legal cases should be filed to an appointed court designated by the Licenser.
  5. When infringement is caused by Your violation of this agreement in accordance with Section 6.1, You agree that the Licensor or can make one, more or all of the following requirements to You:
    1. Delete the Licensed Material
    2. Permanently or temporarily shut down infringing accounts or other communication channels
    3. Economic compensation: shall be based on the sum of the highest of the following categories. If the highest economic compensation is not allowed in the jurisdiction of the dispute, a claim shall be made in accordance with the highest compensation allowed by the jurisdiction.
      1. According to the real-time exchange rate announced by the People’s Bank of China at the time of the infringement, the compensation is 33,000 British pounds (GBP) or the equivalent currency in Chinese Yuan (Non-offshore, CNY) or US Dollars (USD) based on the Purchasing Power Parity.
      2. Ten times of all economic benefits You obtained due to the infringement and the reasonable expenses paid by the Licensor to stop the infringement.
      3. Ten times of all economic benefits Licensor lost due to the infringement and the reasonable expenses paid by the Licensor to stop the infringement.
    4. Apologize and actively compensate for non-economic losses:
      1. Publicly apologize in all paper and electronic media where possible infringements occur.
      2. Publicly apologize on all social media and external communication channels of the infringer, detailing all the facts.
      3. Other reasonable ways to achieve this goal.
  6. ACUnion Kizunami holds the rights to explain the meaning or modify parts of this License where contents may be vague or unclear

Section 8 – Interpretation.

  1. For the avoidance of doubt, this License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License.
  2. To the extent possible, if any provision of this License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this License without affecting the enforceability of the remaining terms and conditions.
  3. No term or condition of this License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
  4. Nothing in this License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.

Section 9Scope of License

  1. This License allows You to distribute this work in the sovereign territory of sovereign countries (members of the United Nations) worldwide, except in any of the following circumstances:
    1. The country is currently in chaos and the governing entity is unknown.
    2. The actual governing entity in the region is not a government recognized by the United Nations.
    3. The regional political system is different from most territories of this country.
    4. Embassies, consulates and other diplomatic office locations.
    5. This area has not established diplomatic relations with the People’s Republic of China.
    6. This area is located in a war neutral zone.
    7. There is currently no normal commodity trade or letter exchange channel between this region and the People’s Republic of China, or there is currently trade friction (trade war).
    8. The local government implements network control and/or network censorship, except the People’s Republic of China.
  2. This License permits any individual, unit or legal person, to exercise rights stated accordingly unless any of the following conditions are met:
    1. Recognizing the Taiwan authorities as a legitimate government or not recognizing the “one China” principle or the “92 Consensus.”
    2. After the age of 18, he/she was a citizen of the People’s Republic of China.
    3. People who do not meet the full capacity for civil conduct in the location.
    4. Opposes the Chinese Communist Party’s ruling in the entire territory of the People’s Republic of China.
    5. Have previously violated this License and have not resolved the issue with the Licensor.
    6. The user or his/her child/parent unit has been punished for copyright infringement before or is in a copyright dispute.
    7. Have been sentenced to limited-term imprisonment, life imprisonment or the death sentence.

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