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PrecisionAg@NCState OpenContent and OpenPublication License

Part I. PrecisionAg@NCState OpenContent License

  1. The precision agriculture team at NC State University (PrecisionAg@NCState) have developed and continue to develop copyrighted works that are useful to the precision agriculture community.

  2. The works are intended for use as "open content" by the endusers, under the terms and conditions described below.

  3. This OpenContent license applies to the text, animations, images, videos, and case studies developed by PrecisionAg@NCState to which a notice of this license has been appended. These works are referred to herein as "Content."

Terms and Conditions for Copying, Distributing, and Modifying Content.

  1. The Content is copyrighted by or licensed to NC State University.

  2. This is a license that gives you permission to do certain things with Content. Any use of Content that is not specifically permitted in this license or under applicable law is not permitted.

  3. You may reproduce and distribute exact replicas of the Content in any medium, provided that you:

    1. conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty (as set out below);

    2. keep intact all the notices that refer to this License and to the absence of any warranty; and

    3. give any other recipients of the Content a copy of this License along with the Content.

  4. You may at your option (a) charge a fee for the media and/or handling involved in creating a unique copy of the Content for use offline, (b) offer instructional support for the Content in exchange for a fee, or (c) offer warranty in exchange for a fee. You may not charge a fee for use of or access to the Content itself. You may not charge a fee for the sole service of providing access to and/or use of the Content via a network (e.g. the Internet), whether it be via the World Wide Web, FTP, or any other method.

  5. You may modify your copy or copies of the Content or any portion of it, thus forming derivative works based on the Content, and you may distribute such modifications under the terms of Sections I. 1 and I. 2 above, provided that you also meet both of the following conditions:

    1. You must cause the modified content to carry prominent notices stating that you changed the Content, the exact nature and extent of the changes, and the date of any change(s).

    2. You must cause any work that you distribute or publish, that in whole or in part is derived from the Content or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License, unless otherwise permitted under applicable Fair Use law.

  6. This License is your only permission to copy, distribute or modify the Content. By distributing or translating the Content, or by deriving works from the Content, you accept this License and all its terms and conditions for copying, distributing or translating the Content.

Part II. License for Publication of Open Conent

  1. In addition to the rights to use Content under the terms of Part I of this License, users may also want to compile or otherwise arrange items of Content into works that are in the nature of courseware or printed publications (hereafter referred to as "Publications").

This Part II sets out your License rights with regard to creation of Publications.

Terms and Conditions for Publication of Content

  1. You may create Publications from Content as long as you comply with the terms of this License.

  2. Publications may be reproduced and distributed in whole or in part, in any medium physical or electronic, provided that the terms of this license are adhered to, and that this license or an incorporation of it by reference (with any options elected by the author(s) and/or publisher) is displayed in the reproduction.

  3. Proper form for an incorporation by reference is as follows:

    Copyright (c) <year> by <author's name or designee>. This material may be distributed only subject to the terms and conditions set forth in this License. The reference must be immediately followed with any options elected by the author(s) and/or publisher of the document (see Section III. 3., below).

  4. Subject to Section II. 6., below, commercial redistribution of Publications is permitted.

  5. Any publication in standard (paper) book form must contain the citation of the original publisher, NC State University and the individual author of the Content. The publisher's and author's names must appear on all outer surfaces of the book. On all outer surfaces of the book the original publisher's name must be as large as the title of the work.

  6. There may be no distribution of a Publication in any standard (paper) book form without prior written permission from the Content's copyright owner.

Part III Terms Applicable to both OpenContent and Open Publication Licenses.

  1. If any part of this license is found to be unenforceable in any jurisdiction, the remaining portions of the license remain in force.

  2. All modified versions of Content covered by this license, including translations, anthologies, compilations and partial documents, and Publications must meet the following requirements:

    1. The modified version must be labeled as such.

    2. The person making the modifications must be identified and the modifications dated.

    3. Acknowledgement of the original author and publisher if applicable must be retained according to normal academic citation practices.

    4. The location of the original unmodified document must be identified.

    5. The original author's (or authors') name(s) may not be used to assert or imply endorsement of the resulting document without the original author's (or authors') written permission.

  3. Mere aggregation of Open Content or Open Publication works or a portion of an Open Content or Open Publication work with other works or programs on the same media shall not cause this license to apply to those works that are not Open Content or Open Publication works. The aggregate work shall contain a notice specifying the inclusion of the Open Content or Open Publication material and appropriate copyright notice.

  4. LICENSE OPTIONS
    1. The author(s) and/or publisher of a Publication may elect certain options by appending language to the license. These options are considered part of the license and must be included with the license (or its incorporation by reference) in Publications.
      1. To prohibit distribution of substantively modified versions without the explicit permission of the author(s). "Substantive modification" is defined as a change to the semantic content of the document, and excludes mere changes in format or typographical corrections.

        To accomplish this, add the phrase `Distribution of substantively modified versions of this document is prohibited without the explicit permission of the copyright holder.' to the license reference or copy.

      2. To prohibit any publication of this work or derivative works in whole or in part in standard (paper) book form for commercial purposes is prohibited unless prior permission is obtained from the copyright holder.

        To accomplish this, add the phrase 'Distribution of the work or derivative of the work in any standard (paper) book form is prohibited unless prior permission is obtained from the copyright holder.' to the license reference or copy.

  5. BECAUSE THE CONTENT IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE CONTENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE CONTENT "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK OF USE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE FAULTY, INACCURATE, OR OTHERWISE UNACCEPTABLE YOU ASSUME THE COST OF ALL NECESSARY REPAIR OR CORRECTION.

  6. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MIRROR AND/OR REDISTRIBUTE THE CONTENT AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT, EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Part IV. Good-Practice Recommendations

In addition to the requirements of this license, it is requested from and strongly recommended of redistributors that:

  1. If you are distributing Open Publication works on hardcopy or CD-ROM, you provide email notification to the authors of your intent to redistribute at least thirty days before your manuscript or media freeze, to give the authors time to provide updated documents. This notification should describe modifications, if any, made to the document.

  2. All substantive modifications (including deletions) be either clearly marked up in the document or else described in an attachment to the document.

  3. Finally, while it is not mandatory under this license, it is considered good form to offer a free copy of any hardcopy and CD-ROM expression of an Open Publication-licensed work to its author(s).
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