Public License Agreement
1. PUBLIC LICENSE GRANT
I understand that Live Action is granting me the following revocable, limited, non-exclusive, non-sublicensable, worldwide, and royalty-free license to the copyrighted content identified by me in the User Form completed and submitted by me to Live Action (“Work”), subject to the terms and conditions of this Public License Agreement (“Agreement”):
a. To reproduce, distribute, publicly perform, publicly display, disseminate, communicate, import, or otherwise provide to the public the Work, in whole or in part, for non-commercial purposes only;
b. To produce derivative works of the Work (“Adapted Work”), including translations of the Work in a language other than English, and to reproduce, distribute, publicly perform, publicly display, disseminate, communicate, import, or otherwise provide to the public the Adapted Work, in whole or in part, for non-commercial purposes only.
2. OWNERSHIP OF WORK
I acknowledge and agree that all rights, title, and interest in the Work, including without limitation, any copyrights, shall remain with Live Action.
3. PUBLIC LICENSE FOR ADAPTED WORK
I understand and agreement that my exercise of the rights granted under this Agreement is expressly made subject to the condition that if I produce Adapted Work and provide the same to others in any manner or by any means, I must offer to the recipient a public license granting the same rights as and including terms and conditions that are substantially similar in all material respects to this Agreement.
4. RECIPIENTS OF THE WORK AND ADAPTED WORK
4.1 Work
I understand that each person to whom I provide the Work pursuant to this Agreement automatically receives an offer from Live Action to exercise the rights granted under this Agreement pursuant to the terms and conditions of this Public License. I further understand and I agree that I may not impose any additional or different terms and conditions on the Work that restrict the exercise of such rights.
4.2 Adapted Work
I understand each person to whom I provide Adapted Work under this Agreement automatically receives an offer from Live Action to exercise the rights granted in the Adapted Work under the public license I apply to your copyrights in your contributions to the Adapted Work as set forth in Section 3 above.
5. PROHIBITED USES OF THE WORK AND ADAPTED WORK
I understand that it is Live Action’s intent that this Agreement further its educational purposes under Internal Revenue Code Sections 501(c)(3). I therefore acknowledge and agree to only exercise the rights granted to me under this Agreement in a manner that is consistent with Live Action’s mission of changing hearts and minds about abortion and inspiring a culture of life that fully respects and protects every human life. I understand and agree that I am expressly prohibited from using the Work or Adapted Work in any manner which could injure the reputation of Live Action, expose an undue risk to Live Action’s tax-exempt status, or otherwise impede Live Action’s activities, programs, and operations, including, but not limited to, the following uses:
a. To endorse any candidate for public office.
b. To support or promote abortion, contraceptives, in vitro fertilization, euthanasia, or any form of violence against vulnerable persons.
c. To support or promote of any perspective, activity, or agenda, Live Action would consider racist, sexist, inhumane, violent, or obscene.
d. Any form of commercial use with the exception of those uses expressly authorized in writing by Live Action, and of any republication or translation of a Live Action News story by the original author which otherwise complies with this Agreement.
6. ATTRIBUTION
In exercising my rights granted under this Agreement, I acknowledge and agree that I will not assert or imply in any way that I am, or that my use of the Work or Adapted Work is, endorsed by Live Action. I further acknowledge and agree that Live Action’s name and all related names, logos, product and service names, designs, and slogans are trademarks of Live Action or its affiliates or licensors and that I will not use such marks without Live Action’s prior written permission.
I understand and agree that if I distribute, publicly perform, publicly display, disseminate, communicate, import, or otherwise provide to the public the Work, including in adapted form, I must include a copyright attribution notice acknowledging the intellectual property rights of Live Action, including a copyright notice and, to the extent reasonably practical, a URL or hyperlink to the Work as provided by Live Action. I understand that I may provide such copyright attribution notice in any reasonable manner based on the means by which I am providing the Work or Adapted Work.
7. TERM AND TERMINATION
7.1 Term
The term of this Agreement will remain in force unless terminated earlier as herein provided.
7.2 Termination
I acknowledge and agree that if I fail to comply with the terms and conditions of this Agreement, your rights under this Agreement will terminate automatically. I understand that as a courtesy, in the event that Live Action determines that my use of the Work or Adapted Work violates the terms and conditions of this Agreement, Live Action may provide written notice to me of such violation and the termination of my rights under this Agreement. I acknowledge and agree that upon my receipt of such notice from Live Action, I will immediately cease all use of the Work, including in adapted form.
8. DISCLAIMER OF WARRANTIES
I acknowledge and agree that, to the fullest extent provided by law, and unless separately agreed to in writing by Live Action, Live Action does not make any express or implied warranties or representations in connection with the Work. Live Action provides the Work on an AS-IS and AS-AVAILABLE basis.
9. LIMITATION OF LIABILITY
I ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LIVE ACTION BE LIABLE TO ME FOR ANY LOSS OR DAMAGE ARISING OUT OF THIS COPYRIGHT AGREEMENT OR USE OF THE SITES OR WORK.
10. ARBITRATION
I acknowledge and agree that, at Live Action’s sole discretion, it may require me to submit any disputes arising from this Agreement, including disputes arising from or concerning its interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
11. WAIVER AND SEVERABILITY
I acknowledge and agree that no waiver by Live Action of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Live Action to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
I acknowledge and agree that if any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
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