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Open
access licence
This is the full text of the Probation Association
open access licence which encourages the circulation of our work under
certain
copyright
conditions.
You can
read a summary of the licence conditions here.
Probation Association - LICENCE TO PUBLISH
THE WORK (AS DEFINED BELOW) IS PROVIDED
UNDER THE TERMS OF THIS LICENCE ("LICENCE"). THE WORK IS
PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE
WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENCE IS PROHIBITED. BY
EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE
TO BE BOUND BY THE TERMS OF THIS LICENCE. THE PROBATION ASSOCIATION
GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE
OF SUCH TERMS AND CONDITIONS.
1. Definitions
- "Probation Association", "The Probation Association" and "The Association" mean
the Probation Association.
- "Licensor" means the individual
or entity that offers the Work under the terms of this
Licence.
- "Original Author" means
the individual or entity who created the Work.
- "Work" means the copyrightable
work of authorship offered under the terms of this Licence.
- "Collective Work" means
a work, such as a periodical issue, anthology or encyclopedia,
in which
the Work in its entirety
in unmodified form, along with a number of other contributions,
constituting separate and independent works in themselves,
are assembled into a collective whole. A work that constitutes
a
Collective Work will not be considered a Derivative
Work (as defined below) for the purposes of this Licence.
- "Derivative Work" means
a work based upon the Work or upon the Work and other pre-existing
works, such
as a musical arrangement, dramatization, fictionalization,
motion picture version, sound recording, art reproduction,
abridgment, condensation, or any other form in which the
Work may be recast, transformed, or adapted, except that
a work that constitutes a Collective Work or a translation
from English into another language will not be considered
a Derivative Work for the purpose of this Licence.
- "You" means an individual
or entity exercising rights under this Licence who has
not previously violated
the terms
of this Licence with respect to the Work, or who has received
express
permission from the Probation Association
to exercise rights under this Licence despite a previous
violation.
2. Fair Use Rights
Nothing in this licence 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. Licence Grant
Subject to the terms and conditions of this
Licence, Licensor hereby grants You a worldwide, royalty-free,
non-exclusive, perpetual (for the duration of the applicable
copyright) licence to exercise the rights in the Work as stated
below:
- to reproduce the Work, to incorporate the Work into one or
more Collective Works, and to reproduce the Work as incorporated
in
the Collective Works;
- to distribute copies or phonorecords of, display publicly,
perform publicly, and perform publicly by means of
a digital audio transmission
the Work including as incorporated in Collective Works.
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.
4. Restrictions
The licence granted in Section 3 above is expressly
made subject to and limited by the following restrictions:
- You may distribute, publicly display, publicly perform, or
publicly digitally perform the Work only under the terms of
this Licence,
and You must include a copy of, or the Uniform Resource Identifier
for, this Licence with every copy or phonorecord of the Work
You distribute, publicly display, publicly perform, or publicly
digitally perform. You may not offer or impose any terms
on the Work that alter or restrict the terms of this Licence
or the
recipients' exercise of the rights granted hereunder. You
may not sublicence the Work. You must keep intact all notices
that
refer to this Licence and to the disclaimer of warranties.
You may not distribute, publicly display, publicly perform,
or
publicly digitally perform the Work with any technological
measures that control access or use of the Work in a manner
inconsistent
with
the terms of this Licence Agreement. The above applies
to
the Work as incorporated in a Collective Work, but this
does not
require the Collective Work apart from the Work itself
to be made subject to the terms of this Licence. If You
create a
Collective Work, upon notice from any Licencor You
must, to the
extent practicable,
remove from the Collective Work any reference to
such Licensor or the Original Author, as requested.
- You may not exercise
any of the rights granted to You 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 Work 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.
- If you distribute, publicly display, publicly
perform, or publicly digitally perform the Work or any
Collective Works,
You must
keep intact all copyright notices for the Work
and give the Original Author credit reasonable to the
medium or
means
You are utilizing
by conveying the name (or pseudonym if applicable)
of the Original Author if supplied; the title
of the Work
if supplied.
Such
credit may be implemented in any reasonable
manner; provided, however,
that in the case of a Collective Work, at a
minimum such credit will appear where any other comparable
authorship
credit appears
and in a manner at least as prominent as such
other comparable authorship credit.
5. Representations, Warranties and Disclaimer
- By offering the Work for public release under this Licence,
Licensor represents and warrants that, to the best of Licensor's
knowledge after reasonable inquiry:
- Licensor has secured all rights in the Work necessary
to grant the licence rights hereunder and to permit the
lawful
exercise
of the rights granted hereunder without You having
any obligation to pay any royalties, compulsory licence
fees,
residuals or
any other payments;
- The Work does not infringe the copyright, trademark,
publicity rights, common law rights or any other right
of any third
party or constitute defamation, invasion of privacy or
other tortious
injury to any third party.
- EXCEPT AS EXPRESSLY STATED IN
THIS LICENCE OR OTHERWISE AGREED IN WRITING OR REQUIRED
BY APPLICABLE LAW, THE WORK
IS LICENCED
ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
ANY
WARRANTIES REGARDING THE CONTENTS OR ACCURACY OF THE WORK.
6. Limitation on Liability
EXCEPT TO THE EXTENT
REQUIRED BY APPLICABLE LAW, AND EXCEPT FOR DAMAGES ARISING
FROM LIABILITY
TO A THIRD PARTY RESULTING FROM BREACH OF THE WARRANTIES
IN SECTION 5, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU
ON ANY
LEGAL THEORY
FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
EXEMPLARY DAMAGES ARISING OUT OF THIS LICENCE OR THE USE OF THE
WORK,
EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
7. Termination
- This Licence and the rights granted hereunder will terminate
automatically upon any breach by You of the terms of this Licence.
Individuals or entities who have received Collective Works from
You under this Licence, however, will not have their licences
terminated provided such individuals or entities remain in full
compliance with those licences. Sections 1, 2, 5, 6, 7, and 8
will survive any termination of this Licence.
- Subject to the above terms and conditions, the licence
granted here is perpetual (for the duration of the applicable
copyright
in the Work). Notwithstanding the above, Licensor
reserves the right to release the Work under different
licence
terms or to
stop distributing the Work at any time; provided,
however that any such election will not serve to withdraw
this Licence
(or
any other licence that has been, or is required to
be, granted under the terms of this Licence), and this
Licence
will continue
in full force and effect unless terminated as stated
above.
8.
Miscellaneous
- Each time You distribute or publicly digitally perform the
Work or a Collective Work, the Probation Association offers to the recipient
a licence
to the Work on the same terms and conditions as the licence
granted to You under this Licence.
- If any provision of this Licence is invalid or unenforceable
under applicable law, it shall not affect the validity
or enforceability of the remainder of the terms of this Licence,
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.
- No term or provision of this Licence 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.
- This Licence constitutes the entire agreement between the
parties with respect to the Work licensed here. There are no
understandings,
agreements or representations with respect to the Work
not specified here. Licensor shall not be bound by any additional
provisions
that may appear in any communication from You. This Licence
may not be modified without the mutual written agreement
of the Probation
Boards' Association and You.
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