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SMMix Shared Content License 1.0

Copyright © 2006 Donald Guy, SMMix Team

The verbatim copying of this License and its use for other Content is granted with the restriction that it not be changed in any form except in the transfer of medium or the translation to another language provided that ORIGINAL INTENT OF THE LICENSE IS PRESERVED and the original (English) text is also included.

Disclaimer: The SMMix Development Team (the team) is not a law firm and does not provide legal services. The distribution of this License does not create an attorney-client relationship or privileges thereof. Any content provided under this License is provided as-is with ABSOLUTELY NO WARRANTY OF ANY KIND, not even a warranty of the content's fitness for use for a particular purpose. The team hereby disclaims any liability for any damages incurred, including but not limited to those of bodily, emotional, social, or monetary nature. That said, the team distributes this License with the hope that it is used to License enjoyable, safe, and non-damaging content.

THE CONTENT (AS DEFINED BELOW) AND ALL WORKS CONTATINED ARE PROVIDED UNDER THE TERMS OF THE SMMix SHARED CONTENT LICENSE (SMSCL OR LICENSE). THE CONTENT HEREWITH IS THE PROPERTY OF THE CONTET CREATORS AND THEIR OWNERSHIP IS PROTECTED UNDER COPYRIGHT AND/OR OTHER APPLICABLE LAWS. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.

BY EXCERSING ANY RIGHTS PROVIDED HEREIN WITH REGARD TO THE CONTENT, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS HEREIN IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

  1. Definitions
    1. Content

      means the collective distribution of all Works provided together under the terms of this License by means such as an electronic archive file, a physical disk or disk image thereof, a website or any other vehicle in which boundaries of licensed and non-licensed content can clearly be defined.

    2. Content Creator

      means the individual or entity who created the Work.

    3. Licensor

      means the the individual or entity that offers the Content under the terms of this License.

    4. Work

      means the copyrightable work of authorship offered under the terms of this License. Given the original use of this license the Work is likely to include music samples, step patterns, documentation, videos, and graphics.

    5. You

      means an individual or entity exercising rights under this License who has not previously violated terms of this License with respect to the Content, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.

  2. Conflict with Laws.

    In cases where there is a conflict between this License and local Laws, Ordinances, or Rules, the License is unusable and therefore You may not use the Content. An exception, however, is made in the case of Fair Use. This License does not remove, limit, or otherwise modify Your right to Fair Use (under copyright law) of the Content. This License also does not limit the rights in any way to the Content Creator or Licensor with regard to their intellectual property.

  3. Grant of Right.

    Subject to the terms and conditions herein, the Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the term of the applicable copyright) license to exercise the rights on the Content as granted below:

    1. to reproduce the Content
    2. to distribute copies of the Content
    3. to display or perform the Content publicly

    The above rights may be exercised in all media and formats 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, but otherwise You have no right to alter the Content in any way. An exception is made for the translation of textual Works to a different language (Translation), for the translation of auditory Works to a textual medium (Transcription), and for the translation of textual Works to a graphical or tactile medium for the purpose of making them understood to people with disabilities or inabilities to understand them in their textual forms (this includes the production of stepcharts of step patterns) (Accessibilitation). In cases of Translation, Transcription, or Accessibilitation the Work created is considered to be under the terms of this License. All rights not expressly granted by Licensor are hereby reserved.

  4. Restrictions.

    The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:

    1. When distributing the Content one must clearly indicate to intended end-users the terms by which it is used. For most cases this means the distribution of a copy of this License with the Content. In the case of a Translation this may include the translation of this license (which should be distributed with this original text).
    2. You may not place additional terms on the Content. You may not sublicense the content.
    3. You may not distribute the Content in a way that results in commercial advantage or monetary compensation for Your self or any other. The exchange of the Content 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. This License does NOT disallow the use of the public performance or display of the Content for commercial purposes. You may not, however, use the Content's performance in the promotion of other products (Advertising).
    4. You must keep intact all notices of copyright and license within the Content. This includes in the case of Transcription or Accessibilitation.
  5. Representations, Warranties and Disclaimer.

    UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES IN WRITING, LICENSOR OFFERS THE CONTENT AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE CONTENT, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, 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.

  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 LICENSE OR THE USE OF THE CONTENT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  7. Termination
    1. This License and rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received copies of the Content from You shall not have their rights terminated, provided that they have followed all terms and conditions of this License. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.

    2. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Content). Notwithstanding the above, Content Creators reserve the right to release their Works under different license terms; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.

  8. Additional Terms.

    This License constitutes entire agreement between the parties with respect to the Content. 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 License may not be modified without the mutual written agreement of the Licensor and You. Additional Rights with regard to the content may be received only through express written communication between You and the Content Creator. It is not the responsibility of the Licensor or the Team to enforce any permissions so obtained.