On Lingua User’s License

ON LINGUA USER’S LICENSE

 

By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Attribution-NonCommercial-ShareAlike 4.0 International Public License (“Public License”). To the extent this Public 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.

 

a) You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.
b) Licensor means the individual(s) or entity(ies) granting rights under this Public License.
c) Licensee means the individual (s) or entity (ies) receiving a license to access and use of their content under specific terms and conditions license.
d) Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.
e) 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.
f) License Elements means the license attributes. The License Elements of this Public License are Attribution, NonCommercial and ShareAlike.
g) BY-NC-SA Compatible License means a license approved by My Language Skills as essentially the equivalent of this Public License.
h) 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, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public 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.
i) Adapters is the individual (s) or entity (ies) who has translated, altered, trimmed, processed or transformed the rights under this Public License. The transformation of a work includes its translation, adaptation and any other changes in form from which a different work is derived. The creation resulting from the transformation of a work shall be considered Adapted Material (derivative work).
j) 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 Public License.
k) 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 labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
l) Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
m) 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.
n) NonCommercial means not primarily intended for or directed towards commercial advantage or monetary compensation. For purposes of this Public 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 in connection with the exchange.
o) 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.
p) Qualified Educational Institution means an educational institution which has been accredited by an authorized governmental agency within its applicable local, state, provincial, federal, or national government and has the primary purpose of teaching its enrolled students.

  • Examples of Qualified Educational Institutions include, without limitation, public or private:
    1) Elementary schools, middle schools and high schools
    2) Junior colleges
    3) Colleges, universities and technical schools
    4) Home school programs which belong to a nationally recognized home schooling body or are expressly recognized by a local school governing body as an acceptable alternative to an accredited educational institution
  • Specifically excluded, without limitation, from the definition of Qualified Educational Institution are:
    1) Non-accredited educational institutions
    2) Training centers
    3) Churches
    4) Hospitals, healthcare systems & research laboratories
    5) Libraries
    6) Museums

q) Public Educational Institution means a Qualified Educational Institution that is a legal branch or agency of a state or local government.
r) Faculty means an individual person who is an employee or independent contractor working for a Qualified Educational Institution.
s) Student means an individual person enrolled as a student at a Qualified Educational Institution.
t) Personal Learning Purposes means personal learning as a Student or personal learning from people who are not Students, excluding learning through classroom or online training in any program to obtain titles or training certificates and learning for commercial purposes, professional or profit.

Section 2 – Scope

a) License grant

1) Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
A) reproduce and Share the Licensed Material, in whole or in part, for NonCommercial purposes only; and
B) produce, reproduce, and Share Adapted Material for NonCommercial purposes only.

2) Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions.

3) Term. The term of this Public License is specified in Section 6(a).

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 Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.

5) No endorsement. Nothing in this Public 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(a)(1)(A)(i).

b) 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.

 
a) Attribution (BY).

1) If You Share the Licensed Material (including in modified form), You must:

  • A) retain the following if it is supplied by the Licensor with the Licensed Material:
    i) 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);
    ii) a copyright notice;
    iii) a notice that refers to this Public License;
    iv) a notice that refers to the disclaimer of warranties;
    v) a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
  • B) indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
  • C) indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.

2) You may satisfy the conditions in Section 3(a)(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(a)(1)(A) to the extent reasonably practicable.

 

b) ShareAlike (SA).

 
In addition to the conditions in Section 3(a), if You Share Adapted Material You produce, the following conditions also apply.
1) The Adapter’s License You apply must be a license with the same License Elements, this version or later, or a BY-NC-SA 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 exercise of the rights granted under the Adapter’s License You apply.

 
c) NonCommercial (NC) / Educational Community (EC).

 

1) If you want to share Licensed Material or Material Adapted, in addition to the conditions in Section 3 (a) and 3 (b) You may only use the Licensed Material as it is for NonCommercial/Educational Purposes.

  •  in the case of a Qualified Educational Institution, Faculty or Other Authorized Educational Licensees, purposes directly related to learning, teaching, training, research and development that are part of the instructional functions performed by a Qualified Educational Institution or Other Authorized Educational Licensee and
  • in the case of Students, purposes related to learning, training, research or development. “Educational Purposes” does not include commercial, professional or any other for-profit purposes.

2) Licensee who is also:
• a Qualified Educational Institution
• Faculty
• Student
• Other Authorized Educational Licensee.

3) In the case of wanting to use the Licensed Material for Personal Learning Purposes, you may not share the Licensed Material or the Adapted Material.

Non-commercial use means that users may not sell, profit from, or commercialize On Lingua’s materials or works derived from them. That said, we have found that there are certain “gray areas” in interpreting the non-commercial provision of Creative Commons license. The guidelines below are intended to help users determine whether or not their use of On Lingua’s materials would be permitted under the “non-commercial” restriction. Note that there are additional requirements (attribution and share alike) spelled out in our license.
Commercialization is prohibited. Users may not directly sell or profit from On Lingua’s materials or from works derived from On Lingua’s materials.
Example: A commercial education or training business may not offer courses based on On Lingua’s materials if students pay a fee for those courses and the business intends to profit as a result.
Determination of commercial vs. non-commercial purpose is based on the use, not the user. Materials may be used by individuals, institutions, governments, corporations, or other business whether for-profit or non-profit so long as the use itself is not a commercialization of the materials or a use that is directly intended to generate sales or profit.
Example: A corporation may use On Lingua’s materials for internal professional development and training purposes.
Incidental charges to recover reasonable reproduction costs may be permitted. Recovery of nominal actual costs for copying small amounts (under 1000 copies) of On Lingua’s content on paper or CDs is allowed for educational purposes so long as there is no profit motive and so long as the intended use of the copies is in compliance with all license terms. Students must be informed that the materials are freely available on the On Lingua’s site and that their purchase of copied materials is optional.

Example: An institution in a remote area has limited Internet access and limited network infrastructure on campus, and a professor offers to create CDs of On Lingua’s materials relevant to her course. The professor may recover the costs of creating the CDs.

As estabilished by art 17 U.S.C. §110(1), as long as the copies used were lawfully obtained, and are being used for educational (not entertainment or commercial) purposes, Institution members may:
1) Show videos and film;
2) Perform and listen to musical or other recordings;
3) Perform or show a play or a work
4) Show slides, photographs, charts, tables, graphs or other images
For profit institution solution: Because these rules apply only to nonprofit educational institutions, faculty members at for profit educational institutions must get permission to use such materials and pay any required royalties or licensing fees. If the materials are in the library at a for profit educational institution, the library may already hold a license permitting this type of use.

My Language Skills offers to users the possibility to obtain specific rights on the published matherial using the CC+ Protocol.
CC+ is a protocol providing a simple way for users to get rights beyond the rights granted by a CC license. For example, a work’s Creative Commons license might offer non-commercial rights. With CC+, the license can link to a resource indicating how a reuser may secure commercial rights or other additional permissions or services such as warranty, permission to use without attribution, or even access to physical media.
CC+ denotes the combination of a CC official license (unmodified and verbatim) + another separate and independent agreement granting more permissions.
It is NOT a new or different license or any license at all, but a facilitation of more Permissions beyond ANY standard CC licenses. Worth emphasizing is that CC+ (and use of that mark) requires that the work be licensed under a standard CC license that provides a baseline set of permissions that have not been modified or customized but reproduces the license verbatim. The plus (+) signifies that all of those same permissions are granted, plus more.”
Use Cases
• Restrict commercial use with a CC license with the NonCommercial condition, and then use a separate agreement with some party (could be yourself or third-party) to broker commercial rights (licensing, sales, reproduction, etc).
• Require that adaptions are shared with a CC license with the ShareAlike condition, but offer a separate agreement (as above) for parties that do not want to release derivatives under the same license. Similar use cases for offering a private agreement for parties that wish to avoid fulfilling the Attribution or NoDerivatives properties of applicable CC licenses.

Section 4 – Sui Generis Database Rights.

 

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

a) for the avoidance of doubt, Section 2(a)(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;
b) 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(b); and
c) You must comply with the conditions in Section 3(a) 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 Public License where the Licensed Rights include other Copyright and Similar Rights.

 

Section 5 – Disclaimer of Warranties and Limitation of Liability.

 

a) 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.

b) 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 Public 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.

c) 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.

 

a) This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically.
b) Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:

  • automatically as of the date the violation is cured, provided it is cured within 45 days of Your discovery of the violation; or
  • upon express reinstatement by the Licensor. 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 Public License.

c) For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.
d) Sections 1, 5, 6, 7, and 8 survive termination of this Public License.

 

Section 7 – Interpretation.

 

a) For the avoidance of doubt, this Public 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.
b) To the extent possible, if any provision of this Public 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 Public License without affecting the enforceability of the remaining terms and conditions.
c) No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
d) Nothing in this Public 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.

My Language Skills does not authorize the use of the trademark “My Language Skills S.L.U.” or any other trademark or logo of My Language Skills S.L.U. without its prior written consent including, without limitation, in connection with any unauthorized modifications to any of its public licenses or any other arrangements, understandings, or agreements concerning use of licensed material. For the avoidance of doubt, this paragraph does not form part of the public licenses.

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