Eastern Standard Tribe
Page 2
will not be considered a Derivative Work for thepurpose of this License.
c. "Licensor" means the individual or entity that offers the Workunder the terms of this License.
d. "Original Author" means the individual or entity who createdthe Work.
e. "Work" means the copyrightable work of authorship offeredunder the terms of this License.
f. "You" means an individual or entity exercising rights underthis License who has not previously violated the terms of thisLicense with respect to the Work, or who has received expresspermission from the Licensor to exercise rights under thisLicense despite a previous violation.
2. Fair Use Rights. Nothing in this license is intended toreduce, limit, or restrict any rights arising from fair use,first sale or other limitations on the exclusive rights of thecopyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of thisLicense, Licensor hereby grants You a worldwide, royalty-free,non-exclusive, perpetual (for the duration of the applicablecopyright) license to exercise the rights in the Work as statedbelow:
a. to reproduce the Work, to incorporate the Work into one ormore Collective Works, and to reproduce the Work as incorporatedin the Collective Works;
b. to distribute copies or phonorecords of, display publicly,perform publicly, and perform publicly by means of a digitalaudio transmission the Work including as incorporated inCollective Works;
The above rights may be exercised in all media and formatswhether now known or hereafter devised. The above rights includethe right to make such modifications as are technically necessaryto exercise the rights in other media and formats. All rights notexpressly granted by Licensor are hereby reserved.
4. Restrictions. The license granted in Section 3 above isexpressly made subject to and limited by the followingrestrictions:
a. You may distribute, publicly display, publicly perform, orpublicly digitally perform the Work only under the terms of thisLicense, and You must include a copy of, or the Uniform ResourceIdentifier for, this License with every copy or phonorecord ofthe Work You distribute, publicly display, publicly perform, orpublicly digitally perform. You may not offer or impose any termson the Work that alter or restrict the terms of this License orthe recipients' exercise of the rights granted hereunder. You maynot sublicense the Work. You must keep intact all notices thatrefer to this License and to the disclaimer of warranties. Youmay not distribute, publicly display, publicly perform, orpublicly digitally perform the Work with any technologicalmeasures that control access or use of the Work in a mannerinconsistent with the terms of this License Agreement. The aboveapplies to the Work as incorporated in a Collective Work, butthis does not require the Collective Work apart from the Workitself to be made subject to the terms of this License. If Youcreate a Collective Work, upon notice from any Licensor You must,to the extent practicable, remove from the Collective Work anyreference to such Licensor or the Original Author, as requested.
b. You may not exercise any of the rights granted to You inSection 3 above in any manner that is primarily intended for ordirected toward commercial advantage or private monetarycompensation. The exchange of the Work for other copyrightedworks by means of digital file-sharing or otherwise shall not beconsidered to be intended for or directed toward commercialadvantage or private monetary compensation, provided there is nopayment of any monetary compensation in connection with theexchange of copyrighted works.
c. If you distribute, publicly display, publicly perform, orpublicly digitally perform the Work or any Collective Works, Youmust keep intact all copyright notices for the Work and give theOriginal Author credit reasonable to the medium or means You areutilizing by conveying the name (or pseudonym if applicable) ofthe Original Author if supplied; the title of the Work ifsupplied. Such credit may be implemented in any reasonablemanner; provided, however, that in the case of a Collective Work,at a minimum such credit will appear where any other comparableauthorship credit appears and in a manner at least as prominentas such other comparable authorship credit.
5. Representations, Warranties and Disclaimer
a. By offering the Work for public release under this License,Licensor represents and warrants that, to the best of Licensor'sknowledge after reasonable inquiry:
i. Licensor has secured all rights in the Work necessary to grantthe license rights hereunder and to permit the lawful exercise ofthe rights granted hereunder without You having any obligation topay any royalties, compulsory license fees, residuals or anyother payments;
ii. The Work does not infringe the copyright, trademark,publicity rights, common law rights or any other right of anythird party or constitute defamation, invasion of privacy orother tortious injury to any third party.
b. EXCEPT AS EXPRESSLY STATED IN THIS LICENSE OR OTHERWISE AGREEDIN WRITING OR REQUIRED BY APPLICABLE LAW, THE WORK IS LICENSED ONAN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSOR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIESREGARDING THE CONTENTS OR ACCURACY OF THE WORK.
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BYAPPLICABLE LAW, AND EXCEPT FOR DAMAGES ARISING FROM LIABILITY TOA THIRD PARTY RESULTING FROM BREACH OF THE WARRANTIES IN SECTION5, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORYFOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARYDAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVENIF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination
a. This License and the rights granted hereunder will terminateautomatically upon any breach by You of the terms of thisLicense. Individuals or entities who have received CollectiveWorks from You under this License, however, will not have theirlicenses terminated provided such individuals or entities remainin full compliance with those licenses. Sections 1, 2, 5, 6, 7,and 8 will survive any termination of this License.
b. Subject to the above terms and conditions, the license grantedhere is perpetual (for the duration of the applicable copyrightin the Work). Notwithstanding the above, Licensor reserves theright to release the Work under different license terms or tostop distributing the Work at any time; provided, however thatany such election will not serve to withdraw this License (or anyother license that has been, or is required to be, granted underthe terms of this License), and this License will continue infull force and effect unless terminated as stated above.
8. Miscellaneous
a. Each time You distribute or publicly digitally perform theWork or a Collective Work, the Licensor offers to the recipient alicense to the Work on the same terms and conditions as thelicense granted to You under this License.
b. If any provision of this License is invalid or unenforceableunder applicable law, it shall not affect the validity orenforceability of the remainder of the terms of this License, andwithout further action by the parties to this agreement, suchprovision shall be reformed to the minimum extent necessary tomake such provision valid and enforceable.
c. No term or provision of this License shall be deemed waivedand no breach consented to unless such waiver or consent shall bein writing and signed by the party to be charged with such waiveror consent.
d. This License constitutes the entire agreement between theparties with respect to the Work licensed here. There are nounderstandings, agreements or representations with respect to theWork not specified here. Licensor shall not be bound by anyadditional provisions that may appear in any communication fromYou. This License may not be modified without the mutual writtenagreement of the Licensor and You.
--
Dedication
For my parents.
For my family.
For everyone who helped me up and for everyone I let down. You know who you are.Sincerest thanks and most heartfelt apologies
.
Cory
--
1.
I once had a Tai Chi instructor who explained the difference between Chinese andWestern medicine thus: "Western medicine is based on corpses, things that youdiscover by cutting up dead bodies and pulling them apart. Chinese medicine isbased on living flesh, things observed from vital, moving humans."
The explanation, like all good propaganda, is stirring and stilted, and notparticularly accurate, and gummy as the hook from a top-40 song, sticky in yourmind in the sleep-deprived noontime when the world takes on a hallucinatoryhypperreal clarity. Like now as I sit here in my underwear on the roof of asanatorium in the back woods off Route 128, far enough from the perpetualconstruction of Boston that it's merely a cloud of dust like a herd of distantbuffalo charging the plains. Like now as I sit here with a pencil up my nose,thinking about homebrew lobotomies and wouldn't it be nice if I gave myself one.
Deep breath.
The difference between Chinese medicine and Western medicine is the