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License for the Free Use of Unmodified Content

Version 1.0, May 2003
Copyright (c) 2003 Kompetenznetzwerk Universitätsverbund MultiMedia NRW
Universitätsstraße 11, 58097 Hagen, Germany
Anyone may reproduce, distribute and communicate this license to the public if not altered in any way.

Preamble

The purpose of this "License for the Free Use of Unmodified Content" (hereinafter referred to as the "License") is to give anyone the free use of unmodified content. The License addresses primarily entities wishing to make their copyright protected works available to the public without requiring the user to acquire rights for every use. Additionally, it also addresses entities wishing to reproduce and distribute a work which may be used under the terms and conditions of this license.

The License grants the user the right to use the work in all known modes of exploitation, but it does not grant any right to modify or alter the work in any way. The moral rights of the author are respected by the License, since it is one of the aims of this License to appropriately acknowledge the author's creative efforts and the efforts of those who enjoy neighboring rights and to protect their intellectual interests. The author shall be linked to his work by the requirement of a copyright notice.

The License protects the licensor and the public my means of the fact that no third party may restrict the use of the work. This is provided by the "copyleft"−effect which secures that a work made subject to this license may only be used under the terms of this license.

1. Conclusion of the License Agreement

  1. This license text is an offer for the conclusion of a license agreement under the conditions as set forth in the following provisions. The offer is directed towards anyone. The license agreement shall be concluded by use of the rights provided in Section 2, including, without limitation, reproducing or distributing the work. The user shall be hereinafter defined as the Licensee.
  2. The conclusion of this agreement is not needed for the mere use of a work, e.g. for privately listening to audio works, reading of a book or looking at a photo. This also applies to in accordance with statutory copyright limitations, e.g. the creation of a back-up copy and the further passing of a lawfully obtained reproduction of the work.

2. Grant of Licenses

  1. Upon conclusion of this license agreement, Licensee shall have the non-exclusive worldwide and perpetual right to use the work in its original version. This includes the right to use the work in digital and analogue format, online and offline, physically and non-physically. The permission to use is free of any charge.
  2. For enabling a broad use of the work, this License includes the right to reproduce, distribute and rent out the work, to make the work available for download or to make the work otherwise available to the public, to perform or to communicate the work to the public in any other way.
  3. The user of the work shall not be allowed to charge license fees as consideration for granting third parties the right to make use of the work. However, Licensee may ask for a compensation for services rendered other than the granting of rights and licenses. This also applies to services rendered in connection with the work, the composition of storage devices as well as for performances of the work.
  4. The licenses granted hereunder may not be transferred to third parties. Third parties may acquire licenses by means of the conclusion of this license agreement with the orginal author or the respective owners of exclusive rights. For this purpose, it is sufficient that third parties obtain the work together with the text of this license from any other third party and that a license agreement is concluded in accordance with Section 1.

3. No Modifications

  1. Modifications of the work are not permitted.
  2. A modification shall not be given, if the work
    • is combined with another independent work. This shall also apply, if the combined works are used as an entire work, or
    • is included in a database or in a collected edition.

In these cases a clear and conspicuous notice has to be provided stating which elements of the entire work or collected edition are subject to this License.

4. Release of Neighboring Rights ("Copyleft")

Whoever obtains a neighboring right by making use of the work, for example a database producer right or the right pertaining to an interpretation of the work, shall make this right subject to the terms of this License, if the work is distributed, rented out, made available for download or otherwise made available to the public, performed or communicated to the public in any other way and if the neighboring right is required for such modes of use.

5. Moral Rights, Copyright Notice

  1. If the work is distributed, rented out, made available for download or otherwise made available to the public, performed or communicated to the public in any other way, the author's and interpreter's names shall be included in an unaltered way. The names and notices have to be presented appropriately according to the respective method of use.
  2. The aforesaid provisions as to copyright notices shall apply accordingly to owners of exclusive rights in case they are named in connection with the work.

6. Other Obligations

  1. In case of the use in a physical form a copy of this License or the internet URL (by hyperlink etc.), under which the text of this License can be permanently retrieved, shall be provided. In the event of a non-physical presentation of the work the provision of the license text may be omitted, if this has to be deemed inappropriate. This may apply to oral presentations or performances, as well as to television and radio broadcastings.
  2. Notices regarding the applicability of this License as well as copyright notices may not be changed or deleted. Where including such a notice would be unreasonable, it may be omitted, for example in radio broadcasts which are transmitted terrestrially, via cable or satellite or if the work is used in a television commercial.
  3. The use of a work may not be made contingent upon the fulfilment of obligations, which are not expressly included in this License.
  4. Whoever obtains other intellectual property rights or neighboring rights in connection with his use of the work, including, without limitation, patents, trade marks and/or design rights, shall not impose additional obligations for making use of the work.
  5. The use of the work may not be made subject to technological measures, such as copy-protection systems or equivalent mechanisms, nor may the inclusion of such systems impede the use of a work, unless the work is provided without such a mechanism at the same time.

7. History

  1. The History shall include information on the work, for example on the title, the author and other proprietors and the publishing date.
  2. If added to the work, the History must be passed on when work is used. Section 6 (a) applies.
  3. If the owner of a right requests to be informed prior to the use of his work, for instance in order to be able to provide an updated version of the work, he may include such a notice in the History. It is recommended to comply with such a request.
  4. The History shall not be changed.

8. Termination of Rights upon Violation, Breach or Infringement

  1. Any violation, breach or infringement of or upon this License automatically terminates the rights and licenses granted hereunder.
  2. Rights and licenses granted to third parties prior to the violation, breach or infringement, shall remain in full effect.

9. Liability and Warranties

  1. Licensor's liability shall be restricted to the liability for fraudulent concealment of lack of title.
  2. This liability notification only refers to the granting of rights under this License. Liability and warranty obligations for other services, e.g. for the distribution of copies of the work, shall be governed by statutory provisions or individual agreements.

10. New Versions of this License

The Kompetenznetzwerk Universitätsverbund MultiMedia NRW may update this License as much as necessary due to modifications of the legal or factual background. The Licensor confers the drafting and the determination of such updates upon the Kompetenznetzwerk Universitätsverbund MultiMedia NRW. The applicability of the updated provisions shall be constituted upon publication of the terms of the License. Future versions shall comply with the basic principles of this License. If a work is not expressly connected to a certain version of the License, the latest version shall apply.

Appendix:

How do I make a work subject to the License for the Free Use of Unmodified Content?

In order to make a work available to anyone under the terms of this License, the following notice must be added to the work in a clearly noticeable way. Furthermore, it is recommended to incorporate a copyright notice which states the year of first publication and the name of the owner of the exclusive rights (name or generally understandable abbreviation).

Copyright (c) 20[yy] [name of the owner of the exclusive rights].

This work may be used by anyone in accordance with the terms of the License for the Free Use of Unmodified Content.

The terms are made available under http://www.uvm.nrw.de/opencontent or may be retrieved upon written request at the headquarters of the Kompetenznetzwerk Universitätsverbund MultiMedia NRW, Universitätsstraße 11, 58097 Hagen, Germany.

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