Sharendipity Attribution, Noncommercial, ShareAlike License

THE APPLICATION (AS DEFINED BELOW) IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE APPLICATION OR ANY DERIVATIVE APPLICATION OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.

BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, LICENSEE ACCEPTS AND AGREES TO BE BOUND BY THE TERMS AOF THIS LICENSE. THE LICENSOR GRANTS THE LICENSEE THE RIGHTS CONTAINED HERE IN CONSIDERATION OF LICENSEE?S ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

1. Definitions
   1. "Application" means the copyrightable computer application Source Code and Object Code authored by the Original Author, such application comprising interactive applications, including but not limited to interactive games, offered at the Site under the terms of this License.
   2. "Appropriate Legal Notices" means notices for (i) copyright (regardless of whether registered or unregistered); (ii) lack of warranty for the work (except to the extent that warranties are provided); (iii) creation, use, reproduction and/or distribution of (1) the Application (individually or within a Collective Work), or (2) the Derivative Application (individually or within a Collective Work), under this License; and (iv) how to view a copy of this License. Such notices must be prominently displayed on the interactive user interface. If the interface presents a list of user commands or options, such as a menu, a prominent item in the list meets this criterion.
   3. "Collective Work" means one or more applications, in which the Application in its entirety in unmodified form, along with one or more other contributions, constituting separate and independent applications in themselves, are assembled into a collective whole. An application that constitutes a Collective Work will not be considered a Derivative Application (as defined above) for the purposes of this License.
   4. "Corresponding Source Code" for an Application in Object Code form means all the Source Code needed to generate, install, and (for an executable Application) run the Object Code and to modify the Application, including scripts to control those activities. However, it does not include the work's System Libraries, or general-purpose tools or generally available free programs which are used unmodified in performing those activities but which are not part of the Application. For example, Corresponding Source Code includes interface definition files associated with source files for the Application, and the Source Code for shared libraries and dynamically linked subprograms that the Application is specifically designed to require, such as by intimate data communication or control flow between those subprograms and other parts of the Application. The Corresponding Source Code need not include anything that users can regenerate automatically from other parts of the Corresponding Source Code. The Corresponding Source Code for an Application in Source Code form is that same Application.
   5. "Derivative Application" means a computer application based upon the Application or upon the Application and other pre-existing applications in any form in which the Application may be modified, recast, transformed, or adapted, except that an application that constitutes a Collective Work will not be considered a Derivative Application for the purpose of this License. The Application or Derivative Application may also be referred to collectively as the "work."
   6. "Installation Information" for an Derivative Application means any method, procedure, authorization key, or other information required to install and execute a Derivative Application from a modified version of its Corresponding Source Code. The information must suffice to ensure that the continued functioning of the modified Object Code of the Derivative Application is in no case prevented or interfered with solely because modification has been made.
   7. "Licensee" means a User exercising rights under this License, or a third party "recipient" who receives the Application or Derivative Application and is bound by the terms of this License. Licensees may be individuals or organizations.
   8. "Licensor" means the Original Author of a copyrightable Application that offers such Application under the terms of this License. Thus, Licensor may be any Subscriber, who has built an application at the Site or who has modified an existing Application at the Site, including the use of one or more components of an existing Application on the Site.
   9. "Object Code" means any non-Source Code form of an Application or Derivative Application.
   10. "Original Application" means an Application built on the Site by one or more Subscribers without the use of any preexisting application on the Site or component thereof.
   11. "Original Author" means one or more Subscribers who built an original Application on the Site.
   12. "Source Code" for a computer application means the preferred form of an Application or a Derivative Application for making modifications to it.
   13. "Standard Interface" means an interface that either is an official standard defined by a recognized standards body, or, in the case of interfaces specified for a particular programming language, one that is widely used among developers working in that language.
   14. "Subscriber" means any User that is registered with the Site and who is authorized by the Site to (i) build Applications at the Site, or (ii) modify existing Applications that were authored at the Site by other Subscribers and made publicly available at the Site under the terms of this License.
   15. "User" means any individual that accesses the Site for any reason, including playing games and/or using other interactive applications that have been made publicly available by the Site and Subscribers.
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 Licensee, including Sharendipity, a worldwide, royalty-free, irrevocable, non-exclusive, and perpetual (for the duration of the applicable copyright) license to exercise the rights in the Application:
   1. to reproduce and/or incorporate the Application into one or more Collective Works, using any medium and through any media channels, and to reproduce the Application as incorporated in the Collective Works;
   2. to create and reproduce using any medium and through any media channels Derivative Application(s) in the form of at least Source Code, and optionally also Object Code, provided that any such Derivative Application(s), including any translation to another language, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the Original Application, as well as to identify the date on which such changes were made. For example, a translation could be marked "The original work was translated from English to Spanish on May 10, 2009," or a modification could indicate "The original work has been modified as of December 28, 2009."
   3. to distribute, using any medium and through any media channels, the Application and/or any Derivative Application(s), alone and/or in any Collective Work(s), in the form of Source Code, and optionally also Object Code;
   4. to display publicly, using any medium and through any media channels, the Application and/or any Derivative Application(s) in the form of Object Code;
   5. When the Object Code for an Application or Derivative Application is reproduced or is incorporated into one or more Collective Works, or is reproduced as incorporated into one or more Collective Works, or when the Object Code for a Derivative Application is created and reproduced, including its translation to another language, the Object Code may be reproduced and/or distributed in one of several formats:
      1. by offering it in, or embedded in, a physical product (including a physical distribution medium) accompanied by the Corresponding Source Code for software customarily fixed on a durable physical medium customarily used for software exchange;
      2. by offering access on a noncommercial basis from a the Site or other designated place with an offer of access to the Corresponding Source Code in the same way at the same location. If the place to copy the Object Code is a network server, the corresponding Source Code may be on a different server (operated by the Site, the Licensee, or a third party) that supports equivalent copying facilities, provided Licensee maintains clear instructions with the Object Code indicating the location of the Corresponding Source Code. Regardless of the server hosting the Source Code, Licensee must ensure that the Corresponding Source Code is available for as long as need to satisfy these requirements; or
      3. by offering it through peer-to-peer transmission, provided Licensee informs other peers where the Object Code and Corresponding Source Code of the Application are offered to the general public;
   6. If Licensee reproduces or distributes an Application of Derivative Application Object Code or a Collective Works in which an Application or Derivative Application Object Code is at least one component, and in which the right of possession and use is transferred to the recipient in perpetuity or for a fixed term (regardless of how the transaction is characterized), the Corresponding Source Code reproduced or distributed under this section must be accompanied by the Installation Information. The requirement to provide Installation Information does not include a requirement to continue to provide support service, warranty, or updates for a work that has been modified or installed by the recipient, or for the Application, Derivative Application or Collective Works. Access to a network may be denied when any modification to the Application materially and adversely affects the operation of the network or violates the rules and protocols for communication across the network;
   7. Corresponding Source Code reproduced and/or distributed, and Installation Information provided in accord with this section must be in a format that is publicly documented (and with an implementation available to the public in Source Code form), and must require no special password or key for unpacking, reading or copying;
   8. 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. All rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth in Sections 4(e) and 4(f);
4. Restrictions The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
   1. Licensee must license, as a whole, the entire Application or Derivative Application or any such Application or Derivative Application included within a Collected Works under this License to anyone who comes into possession of a copy of such Application or Derivative Application. The Licensee, therefore, applies to the whole of the Application or Derivative Application, and all its parts, regardless of how they are packaged, used, reproduced or distributed. This License gives no permission to license such Application or Derivative Application in any other way, but it does not invalidate such permission if Licensee has separately received it.
   2. Licensee may distribute and/or publicly display the Application only under the terms of this License, and Licensee must include a copy of, or the Uniform Resource Identifier ("URI") for this License with every copy of the Application that Licensee distributes and/or publicly displays. Licensee may not offer or impose any terms on the Application that restrict the terms of this License or the ability of a recipient of the Application to exercise the rights granted to that recipient under the terms of the License. Licensee may not sublicense the Application. Licensee must keep intact all Appropriate Legal Notices that refer to this License and to the disclaimer of warranties. When Licensee distributes and/or publicly displays the Application, Licensee may not impose any technological measures on the Application that restrict the ability of a recipient of the Application from Licensee to exercise the rights granted to that recipient under the terms of the License. This Section 4(b) applies to the Application as incorporated in a Collective Work, but this does not require the Collective Work apart from the Application itself to be made subject to the terms of this License. If Licensee creates a Collective Work, upon notice from any Licensor Licensee must, to the extent practicable, remove from the Collective Work any credit as required by Section 4(e), as requested. If Licensee creates a Derivative Application, upon notice from any Licensor Licensee must, to the extent practicable, remove from the Derivative Application any credit as required by Section 4(e), as requested.
   3. Licensee may distribute and/or publicly display a Derivative Application only under: (i) the terms of this License; or (ii) a later version of this License with the same terms as this License ("the Applicable License"). Licensee must include a copy of the license, or its URI, that Licensee distributes and/or publicly displays. Licensee may not offer or impose any terms on the Derivative Application that restrict the terms of the Applicable License or the ability of a recipient of the Derivative Application to exercise the rights granted to that recipient under the terms of the Applicable License. Licensee must keep intact all Appropriate Legal Notices that refer to the Applicable License and to the disclaimer of warranties. When Licensee distributes and/or publicly displays the Derivative Application, Licensee may not impose any technological measures on the Derivative Application that restrict the ability of a recipient of the Derivative Application from Licensee to exercise the rights granted to that recipient under the terms of the Applicable License. This Section 4(c) applies to the Derivative Application as incorporated in a Collective Work, but this does not require the Collective Work apart from the Derivative Work itself to be made subject to the terms of the Applicable License.
   4. Licensee may not exercise any of the rights granted to Licensee 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 Application 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.
   5. If Licensee distributes and/or publicly displays the Application (as defined in Section 1 above) or any Derivative Application(s) (as defined in Section 1 above) or Collective Work(s) (as defined in Section 1 above), Licensee must, unless a request has been made pursuant to Section 4(b), keep intact all Appropriate Legal Notices for the Application and provide, reasonable to the medium or means Licensee is utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or (ii) if the Original Author and/or Licensor designate another party or parties (e.g. a sponsor institute, publishing entity) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; the title of the Application if supplied; to the extent reasonably practicable, the URI, if any, that Licensor specifies to be associated with the Application, unless such URI does not refer to the Appropriate Legal Notice(s) or licensing information for the Application; and, consistent with Section 3(b) in the case of a Derivative Application, a credit identifying the use of the Application in the Derivative Application (e.g., "French translation of the Application by Original Author," or "interactive educational application based on original Application by Original Author"). The credit required by this Section 4(e) may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Application or Collective Work, at a minimum such credit will appear, if a credit for all contributing authors of the Derivative Application or Collective Work appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors. For the avoidance of doubt, Licensee may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Licensee?s rights under this License, Licensee may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of Licensee or Licensee?s use of the Application, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.
   6. Each time Licensee distributes the Application (as defined in Section 1 above) or a Collective Work (as defined in Section 1 above), the Licensor offers to the recipient a license to the Application on the same terms and conditions as the license granted to Licensee under this License.
   7. Each time Licensee distributes a Derivative Application, Licensor offers to the recipient a license to the original Application on the same terms and conditions as the license granted to Licensee under this License.
   8. This License does not provide Licensee or any other User or Subscriber permission to use any trademarks, service marks or trade dress that may be associated with any Application, Derived Application or Collective Works that include such Application or Derived Application, with the following exception: Users shall use the name Sharendipity, Sharendipity?s logo and the Site?s embeddable player on other web pages provided it is not used to disparage or be derogatory to Sharendipity in any way. A prominent hyperlink to the Site must be included on each webpage on which any of Sharendipity, the Sharendipity logo or the embeddable player appears.
5. Representations, Warranties and Disclaimer UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE APPLICATION OR DERIVATIVE APPLICATION (THE "WORK") AS-IS AND ONLY TO THE EXTENT OF ANY RIGHTS HELD IN THE LICENSED WORK BY THE LICENSOR. THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MARKETABILITY, 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. Licensor affirms, represents and/or warrants that Licensor owns or has the necessary licenses, rights, consents, and permissions to use and authorize the Site to use all patent, trademark trade secret copyright or other proprietary rights in and to any and all Applications or Derivative Applications to enable inclusion and use of any such applications in the manner contemplated by the Site and the SHARENDIPITY Terms of Service.
6. Limitation on Liability EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO LICENSEE 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. Indemnity Sharendipity is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to Applications or Derivative Applications posted by Subscribers. Licensee agrees to waive any legal or equitable rights or remedies any User may have against Sharendipity with respect to any inaccurate, offensive, indecent or objectionable Applications posted by Subscribers, and agrees to indemnify and hold Sharendipity, its Owners/Operators and/or affiliates harmless to the fullest extent allowed by law relating use of the Site.
8. Termination This License and the rights granted hereunder will terminate automatically upon any breach by Licensee of the terms of this License. Individuals or entities who have received Derivative Application(s) or Collective Works (as defined in Section 1 above) from Licensee 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.
9. Miscellaneous
   1. 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.
   2. 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.
   3. This License constitutes the entire agreement between the parties with respect to the Application(s) and/or Derivative Applications licensed here. There are no understandings, agreements or representations with respect to the Application and/or Derivative Applications not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from Licensee. This License may not be modified without the mutual written agreement of both Licensor and Licensee.