The Work (as defined below) is provided under the terms of this Licence. The Work is protected by copyright and/or other applicable law. Any use of the Work other than as authorised under this Licence or copyright law is prohibited.
By exercising any rights to the Work provided here, You accept and agree to be bound by the terms of this Licence. To the extent this Licence may be considered to be a contract, the Licensor grants You the rights contained here in consideration of your acceptance of such terms and conditions.
a. "Adaptation" means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work that constitutes a Collection will not be considered an Adaptation for the purpose of this Licence.
b. "Collection" means a collection of literary or artistic works, such as encyclopaedias and anthologies, or performances, phonograms or broadcasts, or other works or subject matter other than works listed in Section 1(f) below, which, by reason of the selection and arrangement of their contents, constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each constituting separate and independent works in themselves, which together are assembled into a collective whole.
c. "Distribute" means to make available to the public the original and/or copies of the Work or Adaptation, as appropriate, through sale or other transfer of ownership.
d. "Licensor" means: Jaguar Land Rover Limited, with registered office at Abbey Road, Whitley, Coventry CV3 4LM, UK (company no: 01672070), which offers the Work under the terms of this Licence.
e. "Original Author" means the individual, individuals, entity or entities who created the Work or if no individual or entity can be identified, the publisher.
f. "Publicly Perform" means: (i) to perform public recitations of the Work and to communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performances; (ii) to make available to the public Works in such a way that members of the public may access these Works from a place and at a place individually chosen by them; (iii) to perform the Work to the public by any means or process and the communication to the public of the performances of the Work, including by public digital performance; (iv) to broadcast and rebroadcast the Work by any means including signs, sounds or images.
g. "Reproduce" means to make copies of the Work by any means including without limitation by sound or visual recordings and the right of fixation and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or other electronic medium.
h. "Work" means the literary and/or artistic work offered under the terms of this Licence including without limitation any production in the literary, scientific and artistic domain, whatever the mode or form of its expression (including digital form), such as: a book, pamphlet and other writing; a lecture or address; a dramatic or dramatico-musical work; a musical composition with or without words; a cinematographic work; a work of drawing, painting, architecture, sculpture, engraving or lithography; a photographic work to which are assimilated works expressed by a process analogous to photography; a work of applied art; an illustration, map, plan, sketch or three-dimensional work; or a compilation of data to the extent it is protected as a copyrightable work.
i. "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 Licensor to exercise rights under this Licence despite a previous violation.
3. Fair Dealing Rights
Nothing in this Licence is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.
3. Licence Grant
3.1 Subject to the terms and conditions of this Licence, the 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:
a. to Reproduce the Work, to incorporate the Work into one or more Collections, and to Reproduce the Work as incorporated in the Collections;
b. to create and Reproduce Adaptations provided that any such Adaptation, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work. For example, a translation could be marked "The original work was translated from English to Spanish," or a modification could indicate "The original work has been modified";
c. to Distribute and Publicly Perform the Work including as incorporated in Collections; and
d. to Distribute and Publicly Perform Adaptations.
3.2 The rights set out in Section 3.1 above may be exercised in all media and formats whether now known or hereafter devised. The said rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. Subject to Section 8(f), all rights not expressly granted by the Licensor are hereby reserved, including but not limited to the rights set forth in Section 4(d).
3.3 For the avoidance of doubt, the Licensor and/or the Original Author (as appropriate) shall remain the sole and exclusive owner of the Work and any Adaptation.
The Licence granted in Section 3 above is expressly made subject to and limited by the following restrictions:
a. You may Distribute or Publicly Perform the Work only under the terms of this Licence. You must include a copy of, or the Uniform Resource Identifier (URI) for, this Licence with every copy of the Work You Distribute or Publicly Perform. You may not offer or impose any terms on the Work that restrict the terms of this Licence or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the Licence. You may not sub-licence the Work. You must keep intact all notices that refer to this Licence and to the disclaimer of warranties with every copy of the Work You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work, You may not impose any effective technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the Licence. If You create a Collection You must (to the extent practicable), upon notice from the Licensor, remove from the Collection any credit as required by Section 4(c), as requested. If You create an Adaptation, upon notice from the Licensor You must, to the extent practicable, remove from the Adaptation any credit as required by Section 4(c), as requested.
b. 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.
c. If You Distribute, or Publicly Perform the Work or any Adaptations or Collections, You may elect, unless a request has been made pursuant to Section 4(a), to keep intact all copyright notices for the Work and provide, as appropriate to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or if the Original Author and/or Licensor designate another party or parties (e.g., a sponsor institute, publishing entity, journal) for attribution in the Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; (ii) the title of the Work if supplied; (iii) to the extent reasonably practicable, the URI, if any, that the Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and, (iv) consistent with Section 3(b), in the case of an Adaptation, a credit identifying the use of the Work in the Adaptation (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). Any credit given under this Section 4(c) may be implemented in any reasonable manner. For the avoidance of doubt, You may only use the credit given under this Section 4(c) for the purpose of attribution in the manner set out above and, by exercising Your rights under this Licence, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, the Licensor and/or any other party/parties attributed by the original Author and/or the Licensor, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, the Licensor and/or the designated attributed party/parties, as appropriate.
d. For the avoidance of doubt, the Licensor reserves the exclusive right to collect royalties for: (i) any exercise by You of the rights granted under this Licence (in those jurisdictions in which the right to collect royalties cannot be waived); and (ii) any exercise by You of the rights granted under this Licence if Your exercise of such rights is for a commercial (non-editorial) purpose (in those jurisdictions in which the right to collect royalties can be waived). "Commercial purpose" shall include, but is not limited to, the promotion or sale of any product or technology, such as on advertising, brochures, book-covers, stock photos, clothing or any promotional merchandise. If in doubt as to whether Your proposed use of any Work constitutes a commercial purpose, You must contact the Licensor to seek approval for such use. It is Your obligation to ensure that Your use of any Work complies with this Licence;
e. Except as otherwise agreed in writing by the Licensor or as may be otherwise permitted by applicable law, if You Reproduce, Distribute or Publicly Perform the Work either by itself or as part of any Adaptations or Collections, You must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the reputation or honour either of the Original Author or the Licensor. The Licensor agrees that in those jurisdictions (e.g. Japan), in which any exercise of the right granted in Section 3(b) of this Licence (the right to make Adaptations) would be deemed to be a distortion, mutilation, modification or other derogatory action prejudicial to the Original Author's honour and reputation, the Licensor will waive or not assert, as appropriate, this Section, to the fullest extent permitted by the applicable national law, to enable You to reasonably exercise Your right under Section 3(b) of this Licence but not otherwise.
5. Representations, Warranties and Disclaimer
Unless otherwise mutually agreed to by the parties in writing, the Licensor offers the Work As-Is and makes no representations or warranties of any kind concerning the Work, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, or the absence of latent or other defects, accuracy, or the presence or 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.
6. Limitation on Liability
Except to the extent required by applicable law, 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 the Licensor has been advised of the possibility of such damages.
a. 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 Adaptations or Collections 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.
b. 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, and this Licence will continue in full force and effect unless terminated as stated above.
a. Each time You Distribute or Publicly Perform the Work or a Collection, the Licensor offers to the recipient a Licence to the Work on the same terms and conditions as the Licence granted to You under this Licence.
b. Each time You Distribute or Publicly Perform an Adaptation, the Licensor offers to the recipient a Licence to the original Work on the same terms and conditions as the Licence granted to You under this Licence.
c. 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 Licence, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
d. 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.
e. 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. The 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 Licensor and You.
f. The rights granted under, and the subject matter referenced, in this Licence were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter take effect in the relevant jurisdiction in which the Licence terms are sought to be enforced according to the corresponding provisions of the implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law includes additional rights not granted under this Licence, such additional rights are deemed to be included in the Licence; this Licence is not intended to restrict the Licence of any rights under applicable law.