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565 lines
26 KiB
Plaintext
---
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title: European Union Public License 1.2
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spdx-id: EUPL-1.2
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source: http://eur-lex.europa.eu/legal-content/TXT/?uri=CELEX%3A32017D0863
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description: The European Union Public Licence (EUPL) is a copyleft free/open source software license created on the initiative of and approved by the European Commission in 22 official languages of the European Union.
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how: Indicate “Licensed under the EUPL” following the copyright notice of your source code, for example in a README file or directly in a source code file as a comment.
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using:
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permissions:
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- commercial-use
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- modifications
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- distribution
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- patent-use
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- private-use
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conditions:
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- include-copyright
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- disclose-source
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- document-changes
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- network-use-disclose
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- same-license
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limitations:
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- liability
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- trademark-use
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- warranty
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---
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European Union Public Licence
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V. 1.2
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EUPL © the European Union 2007, 2016
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This European Union Public Licence (the ‘EUPL’) applies to the Work (as
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defined below) which is provided under the terms of this Licence. Any use of
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the Work, other than as authorised under this Licence is prohibited (to the
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extent such use is covered by a right of the copyright holder of the Work).
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The Work is provided under the terms of this Licence when the Licensor (as
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defined below) has placed the following notice immediately following the
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copyright notice for the Work: “Licensed under the EUPL”, or has expressed by
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any other means his willingness to license under the EUPL.
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1. Definitions
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In this Licence, the following terms have the following meaning:
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— ‘The Licence’: this Licence.
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— ‘The Original Work’: the work or software distributed or communicated by the
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‘Licensor under this Licence, available as Source Code and also as
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‘Executable Code as the case may be.
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||
— ‘Derivative Works’: the works or software that could be created by the
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‘Licensee, based upon the Original Work or modifications thereof. This
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‘Licence does not define the extent of modification or dependence on the
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‘Original Work required in order to classify a work as a Derivative Work;
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‘this extent is determined by copyright law applicable in the country
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‘mentioned in Article 15.
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— ‘The Work’: the Original Work or its Derivative Works.
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— ‘The Source Code’: the human-readable form of the Work which is the most
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||
convenient for people to study and modify.
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||
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— ‘The Executable Code’: any code which has generally been compiled and which
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||
is meant to be interpreted by a computer as a program.
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||
— ‘The Licensor’: the natural or legal person that distributes or communicates
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||
the Work under the Licence.
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— ‘Contributor(s)’: any natural or legal person who modifies the Work under
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the Licence, or otherwise contributes to the creation of a Derivative Work.
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— ‘The Licensee’ or ‘You’: any natural or legal person who makes any usage of
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||
the Work under the terms of the Licence.
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||
— ‘Distribution’ or ‘Communication’: any act of selling, giving, lending,
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||
renting, distributing, communicating, transmitting, or otherwise making
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||
available, online or offline, copies of the Work or providing access to its
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||
essential functionalities at the disposal of any other natural or legal
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||
person.
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||
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||
2. Scope of the rights granted by the Licence
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||
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The Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
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sublicensable licence to do the following, for the duration of copyright
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||
vested in the Original Work:
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||
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||
— use the Work in any circumstance and for all usage,
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||
— reproduce the Work,
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||
— modify the Work, and make Derivative Works based upon the Work,
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||
— communicate to the public, including the right to make available or display
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||
the Work or copies thereof to the public and perform publicly, as the case
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||
may be, the Work,
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||
— distribute the Work or copies thereof,
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||
— lend and rent the Work or copies thereof,
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||
— sublicense rights in the Work or copies thereof.
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||
|
||
Those rights can be exercised on any media, supports and formats, whether now
|
||
known or later invented, as far as the applicable law permits so.
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||
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||
In the countries where moral rights apply, the Licensor waives his right to
|
||
exercise his moral right to the extent allowed by law in order to make
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||
effective the licence of the economic rights here above listed.
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||
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||
The Licensor grants to the Licensee royalty-free, non-exclusive usage rights
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||
to any patents held by the Licensor, to the extent necessary to make use of
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||
the rights granted on the Work under this Licence.
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||
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||
3. Communication of the Source Code
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||
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||
The Licensor may provide the Work either in its Source Code form, or as
|
||
Executable Code. If the Work is provided as Executable Code, the Licensor
|
||
provides in addition a machine-readable copy of the Source Code of the Work
|
||
along with each copy of the Work that the Licensor distributes or indicates,
|
||
in a notice following the copyright notice attached to the Work, a repository
|
||
where the Source Code is easily and freely accessible for as long as the
|
||
Licensor continues to distribute or communicate the Work.
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||
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||
4. Limitations on copyright
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||
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||
Nothing in this Licence is intended to deprive the Licensee of the benefits
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||
from any exception or limitation to the exclusive rights of the rights owners
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||
in the Work, of the exhaustion of those rights or of other applicable
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||
limitations thereto.
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||
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||
5. Obligations of the Licensee
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||
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||
The grant of the rights mentioned above is subject to some restrictions and
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||
obligations imposed on the Licensee. Those obligations are the following:
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||
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||
Attribution right: The Licensee shall keep intact all copyright, patent or
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||
trademarks notices and all notices that refer to the Licence and to the
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||
disclaimer of warranties. The Licensee must include a copy of such notices and
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||
a copy of the Licence with every copy of the Work he/she distributes or
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||
communicates. The Licensee must cause any Derivative Work to carry prominent
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||
notices stating that the Work has been modified and the date of modification.
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||
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||
Copyleft clause: If the Licensee distributes or communicates copies of the
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||
Original Works or Derivative Works, this Distribution or Communication will be
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done under the terms of this Licence or of a later version of this Licence
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unless the Original Work is expressly distributed only under this version of
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the Licence — for example by communicating ‘EUPL v. 1.2 only’. The Licensee
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||
(becoming Licensor) cannot offer or impose any additional terms or conditions
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||
on the Work or Derivative Work that alter or restrict the terms of the
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||
Licence.
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||
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||
Compatibility clause: If the Licensee Distributes or Communicates Derivative
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Works or copies thereof based upon both the Work and another work licensed
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under a Compatible Licence, this Distribution or Communication can be done
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||
under the terms of this Compatible Licence. For the sake of this clause,
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‘Compatible Licence’ refers to the licences listed in the appendix attached to
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this Licence. Should the Licensee's obligations under the Compatible Licence
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conflict with his/her obligations under this Licence, the obligations of the
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||
Compatible Licence shall prevail.
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||
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||
Provision of Source Code: When distributing or communicating copies of the
|
||
Work, the Licensee will provide a machine-readable copy of the Source Code or
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||
indicate a repository where this Source will be easily and freely available
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||
for as long as the Licensee continues to distribute or communicate the Work.
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Legal Protection: This Licence does not grant permission to use the trade
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names, trademarks, service marks, or names of the Licensor, except as required
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for reasonable and customary use in describing the origin of the Work and
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reproducing the content of the copyright notice.
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6. Chain of Authorship
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The original Licensor warrants that the copyright in the Original Work granted
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||
hereunder is owned by him/her or licensed to him/her and that he/she has the
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||
power and authority to grant the Licence.
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Each Contributor warrants that the copyright in the modifications he/she
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brings to the Work are owned by him/her or licensed to him/her and that he/she
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has the power and authority to grant the Licence.
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Each time You accept the Licence, the original Licensor and subsequent
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Contributors grant You a licence to their contributions to the Work, under the
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terms of this Licence.
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7. Disclaimer of Warranty
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||
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The Work is a work in progress, which is continuously improved by numerous
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Contributors. It is not a finished work and may therefore contain defects or
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||
‘bugs’ inherent to this type of development.
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||
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||
For the above reason, the Work is provided under the Licence on an ‘as is’
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||
basis and without warranties of any kind concerning the Work, including
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||
without limitation merchantability, fitness for a particular purpose, absence
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||
of defects or errors, accuracy, non-infringement of intellectual property
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rights other than copyright as stated in Article 6 of this Licence.
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This disclaimer of warranty is an essential part of the Licence and a
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||
condition for the grant of any rights to the Work.
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||
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||
8. Disclaimer of Liability
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||
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||
Except in the cases of wilful misconduct or damages directly caused to natural
|
||
persons, the Licensor will in no event be liable for any direct or indirect,
|
||
material or moral, damages of any kind, arising out of the Licence or of the
|
||
use of the Work, including without limitation, damages for loss of goodwill,
|
||
work stoppage, computer failure or malfunction, loss of data or any commercial
|
||
damage, even if the Licensor has been advised of the possibility of such
|
||
damage. However, the Licensor will be liable under statutory product liability
|
||
laws as far such laws apply to the Work.
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||
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||
9. Additional agreements
|
||
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||
While distributing the Work, You may choose to conclude an additional
|
||
agreement, defining obligations or services consistent with this Licence.
|
||
However, if accepting obligations, You may act only on your own behalf and on
|
||
your sole responsibility, not on behalf of the original Licensor or any other
|
||
Contributor, and only if You agree to indemnify, defend, and hold each
|
||
Contributor harmless for any liability incurred by, or claims asserted against
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||
such Contributor by the fact You have accepted any warranty or additional
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||
liability.
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10. Acceptance of the Licence
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The provisions of this Licence can be accepted by clicking on an icon ‘I
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agree’ placed under the bottom of a window displaying the text of this Licence
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or by affirming consent in any other similar way, in accordance with the rules
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of applicable law. Clicking on that icon indicates your clear and irrevocable
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acceptance of this Licence and all of its terms and conditions.
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Similarly, you irrevocably accept this Licence and all of its terms and
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conditions by exercising any rights granted to You by Article 2 of this
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Licence, such as the use of the Work, the creation by You of a Derivative Work
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or the Distribution or Communication by You of the Work or copies thereof.
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11. Information to the public
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In case of any Distribution or Communication of the Work by means of
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electronic communication by You (for example, by offering to download the Work
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from a remote location) the distribution channel or media (for example, a
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||
website) must at least provide to the public the information requested by the
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applicable law regarding the Licensor, the Licence and the way it may be
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accessible, concluded, stored and reproduced by the Licensee.
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12. Termination of the Licence
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The Licence and the rights granted hereunder will terminate automatically upon
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any breach by the Licensee of the terms of the Licence. Such a termination
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will not terminate the licences of any person who has received the Work from
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the Licensee under the Licence, provided such persons remain in full
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compliance with the Licence.
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13. Miscellaneous
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Without prejudice of Article 9 above, the Licence represents the complete
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||
agreement between the Parties as to the Work.
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If any provision of the Licence is invalid or unenforceable under applicable
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law, this will not affect the validity or enforceability of the Licence as a
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whole. Such provision will be construed or reformed so as necessary to make it
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valid and enforceable.
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The European Commission may publish other linguistic versions or new versions
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||
of this Licence or updated versions of the Appendix, so far this is required
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and reasonable, without reducing the scope of the rights granted by the
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Licence. New versions of the Licence will be published with a unique version
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number.
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All linguistic versions of this Licence, approved by the European Commission,
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have identical value. Parties can take advantage of the linguistic version of
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their choice.
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14. Jurisdiction
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Without prejudice to specific agreement between parties,
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— any litigation resulting from the interpretation of this License, arising
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between the European Union institutions, bodies, offices or agencies, as a
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Licensor, and any Licensee, will be subject to the jurisdiction of the Court
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||
of Justice of the European Union, as laid down in article 272 of the Treaty
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on the Functioning of the European Union,
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||
— any litigation arising between other parties and resulting from the
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||
interpretation of this License, will be subject to the exclusive
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||
jurisdiction of the competent court where the Licensor resides or conducts
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||
its primary business.
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15. Applicable Law
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Without prejudice to specific agreement between parties,
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— this Licence shall be governed by the law of the European Union Member State
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where the Licensor has his seat, resides or has his registered office,
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— this licence shall be governed by Belgian law if the Licensor has no seat,
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residence or registered office inside a European Union Member State.
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Appendix
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‘Compatible Licences’ according to Article 5 EUPL are:
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— GNU General Public License (GPL) v. 2, v. 3
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— GNU Affero General Public License (AGPL) v. 3
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— Open Software License (OSL) v. 2.1, v. 3.0
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||
— Eclipse Public License (EPL) v. 1.0
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— CeCILL v. 2.0, v. 2.1
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— Mozilla Public Licence (MPL) v. 2
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— GNU Lesser General Public Licence (LGPL) v. 2.1, v. 3
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— Creative Commons Attribution-ShareAlike v. 3.0 Unported (CC BY-SA 3.0) for
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works other than software
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— European Union Public Licence (EUPL) v. 1.1, v. 1.2
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— Québec Free and Open-Source Licence — Reciprocity (LiLiQ-R) or
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Strong Reciprocity (LiLiQ-R+)
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— The European Commission may update this Appendix to later versions of the
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above licences without producing a new version of the EUPL, as long as they
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provide the rights granted in Article 2 of this Licence and protect the
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covered Source Code from exclusive appropriation.
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— All other changes or additions to this Appendix require the production of a
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new EUPL version.
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— ‘The Licensee’ or ‘You’: any
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natural or legal person who makes any usage of the Work under the terms of the
|
||
Licence.
|
||
— ‘Distribution’ or ‘Communication’: any act of selling,
|
||
giving, lending, renting, distributing, communicating, transmitting, or
|
||
otherwise making available, online or offline, copies of the Work or providing
|
||
access to its essential functionalities at the disposal of any other natural
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||
or legal person.
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||
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||
2. Scope of the rights granted by the Licence
|
||
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The
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Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
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||
sublicensable licence to do the following, for the duration of copyright
|
||
vested in the Original Work:
|
||
— use the Work in any circumstance and for all
|
||
usage,
|
||
— reproduce the Work,
|
||
— modify the Work, and make Derivative
|
||
Works based upon the Work,
|
||
— communicate to the public, including the right
|
||
to make available or display the Work or copies thereof to the public and
|
||
perform publicly, as the case may be, the Work,
|
||
— distribute the Work or
|
||
copies thereof,
|
||
— lend and rent the Work or copies thereof,
|
||
— sublicense
|
||
rights in the Work or copies thereof.
|
||
|
||
Those rights can be exercised on any
|
||
media, supports and formats, whether now known or later invented, as far as
|
||
the applicable law permits so.
|
||
In the countries where moral rights apply, the
|
||
Licensor waives his right to exercise his moral right to the extent allowed by
|
||
law in order to make effective the licence of the economic rights here above
|
||
listed.
|
||
The Licensor grants to the Licensee royalty-free, non-exclusive usage
|
||
rights to any patents held by the Licensor, to the extent necessary to make
|
||
use of the rights granted on the Work under this Licence.
|
||
|
||
3.
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||
Communication of the Source Code
|
||
|
||
The Licensor may provide the Work either
|
||
in its Source Code form, or as Executable Code. If the Work is provided as
|
||
Executable Code, the Licensor provides in addition a machine-readable copy of
|
||
the Source Code of the Work along with each copy of the Work that the Licensor
|
||
distributes or indicates, in a notice following the copyright notice attached
|
||
to the Work, a repository where the Source Code is easily and freely
|
||
accessible for as long as the Licensor continues to distribute or communicate
|
||
the Work.
|
||
|
||
4. Limitations on copyright
|
||
|
||
Nothing in this Licence is
|
||
intended to deprive the Licensee of the benefits from any exception or
|
||
limitation to the exclusive rights of the rights owners in the Work, of the
|
||
exhaustion of those rights or of other applicable limitations thereto.
|
||
|
||
5.
|
||
Obligations of the Licensee
|
||
|
||
The grant of the rights mentioned above is
|
||
subject to some restrictions and obligations imposed on the Licensee. Those
|
||
obligations are the following:
|
||
|
||
Attribution right: The Licensee shall keep
|
||
intact all copyright, patent or trademarks notices and all notices that refer
|
||
to the Licence and to the disclaimer of warranties. The Licensee must include
|
||
a copy of such notices and a copy of the Licence with every copy of the Work
|
||
he/she distributes or communicates. The Licensee must cause any Derivative
|
||
Work to carry prominent notices stating that the Work has been modified and
|
||
the date of modification.
|
||
Copyleft clause: If the Licensee distributes or
|
||
communicates copies of the Original Works or Derivative Works, this
|
||
Distribution or Communication will be done under the terms of this Licence or
|
||
of a later version of this Licence unless the Original Work is expressly
|
||
distributed only under this version of the Licence — for example by
|
||
communicating ‘EUPL v. 1.2 only’. The Licensee (becoming Licensor) cannot
|
||
offer or impose any additional terms or conditions on the Work or Derivative
|
||
Work that alter or restrict the terms of the Licence.
|
||
Compatibility clause:
|
||
If the Licensee Distributes or Communicates Derivative Works or copies thereof
|
||
based upon both the Work and another work licensed under a Compatible Licence,
|
||
this Distribution or Communication can be done under the terms of this
|
||
Compatible Licence. For the sake of this clause, ‘Compatible Licence’
|
||
refers to the licences listed in the appendix attached to this Licence. Should
|
||
the Licensee's obligations under the Compatible Licence conflict with his/her
|
||
obligations under this Licence, the obligations of the Compatible Licence
|
||
shall prevail.
|
||
Provision of Source Code: When distributing or communicating
|
||
copies of the Work, the Licensee will provide a machine-readable copy of the
|
||
Source Code or indicate a repository where this Source will be easily and
|
||
freely available for as long as the Licensee continues to distribute or
|
||
communicate the Work.
|
||
Legal Protection: This Licence does not grant
|
||
permission to use the trade names, trademarks, service marks, or names of the
|
||
Licensor, except as required for reasonable and customary use in describing
|
||
the origin of the Work and reproducing the content of the copyright
|
||
notice.
|
||
|
||
6. Chain of Authorship
|
||
|
||
The original Licensor warrants that the
|
||
copyright in the Original Work granted hereunder is owned by him/her or
|
||
licensed to him/her and that he/she has the power and authority to grant the
|
||
Licence.
|
||
Each Contributor warrants that the copyright in the modifications
|
||
he/she brings to the Work are owned by him/her or licensed to him/her and that
|
||
he/she has the power and authority to grant the Licence.
|
||
Each time You accept
|
||
the Licence, the original Licensor and subsequent Contributors grant You a
|
||
licence to their contributions to the Work, under the terms of this
|
||
Licence.
|
||
|
||
7. Disclaimer of Warranty
|
||
|
||
The Work is a work in progress,
|
||
which is continuously improved by numerous Contributors. It is not a finished
|
||
work and may therefore contain defects or ‘bugs’ inherent to this type of
|
||
development.
|
||
For the above reason, the Work is provided under the Licence on
|
||
an ‘as is’ basis and without warranties of any kind concerning the Work,
|
||
including without limitation merchantability, fitness for a particular
|
||
purpose, absence of defects or errors, accuracy, non-infringement of
|
||
intellectual property rights other than copyright as stated in Article 6 of
|
||
this Licence.
|
||
This disclaimer of warranty is an essential part of the Licence
|
||
and a condition for the grant of any rights to the Work.
|
||
|
||
8. Disclaimer of
|
||
Liability
|
||
|
||
Except in the cases of wilful misconduct or damages directly
|
||
caused to natural persons, the Licensor will in no event be liable for any
|
||
direct or indirect, material or moral, damages of any kind, arising out of the
|
||
Licence or of the use of the Work, including without limitation, damages for
|
||
loss of goodwill, work stoppage, computer failure or malfunction, loss of data
|
||
or any commercial damage, even if the Licensor has been advised of the
|
||
possibility of such damage. However, the Licensor will be liable under
|
||
statutory product liability laws as far such laws apply to the Work.
|
||
|
||
9.
|
||
Additional agreements
|
||
|
||
While distributing the Work, You may choose to
|
||
conclude an additional agreement, defining obligations or services consistent
|
||
with this Licence. However, if accepting obligations, You may act only on your
|
||
own behalf and on your sole responsibility, not on behalf of the original
|
||
Licensor or any other Contributor, and only if You agree to indemnify, defend,
|
||
and hold each Contributor harmless for any liability incurred by, or claims
|
||
asserted against such Contributor by the fact You have accepted any warranty
|
||
or additional liability.
|
||
|
||
10. Acceptance of the Licence
|
||
|
||
The provisions
|
||
of this Licence can be accepted by clicking on an icon ‘I agree’ placed
|
||
under the bottom of a window displaying the text of this Licence or by
|
||
affirming consent in any other similar way, in accordance with the rules of
|
||
applicable law. Clicking on that icon indicates your clear and irrevocable
|
||
acceptance of this Licence and all of its terms and conditions.
|
||
Similarly,
|
||
you irrevocably accept this Licence and all of its terms and conditions by
|
||
exercising any rights granted to You by Article 2 of this Licence, such as the
|
||
use of the Work, the creation by You of a Derivative Work or the Distribution
|
||
or Communication by You of the Work or copies thereof.
|
||
|
||
11. Information to
|
||
the public
|
||
|
||
In case of any Distribution or Communication of the Work by
|
||
means of electronic communication by You (for example, by offering to download
|
||
the Work from a remote location) the distribution channel or media (for
|
||
example, a website) must at least provide to the public the information
|
||
requested by the applicable law regarding the Licensor, the Licence and the
|
||
way it may be accessible, concluded, stored and reproduced by the
|
||
Licensee.
|
||
|
||
12. Termination of the Licence
|
||
|
||
The Licence and the rights
|
||
granted hereunder will terminate automatically upon any breach by the Licensee
|
||
of the terms of the Licence.
|
||
Such a termination will not terminate the
|
||
licences of any person who has received the Work from the Licensee under the
|
||
Licence, provided such persons remain in full compliance with the
|
||
Licence.
|
||
|
||
13. Miscellaneous
|
||
|
||
Without prejudice of Article 9 above, the
|
||
Licence represents the complete agreement between the Parties as to the
|
||
Work.
|
||
If any provision of the Licence is invalid or unenforceable under
|
||
applicable law, this will not affect the validity or enforceability of the
|
||
Licence as a whole. Such provision will be construed or reformed so as
|
||
necessary to make it valid and enforceable.
|
||
The European Commission may
|
||
publish other linguistic versions or new versions of this Licence or updated
|
||
versions of the Appendix, so far this is required and reasonable, without
|
||
reducing the scope of the rights granted by the Licence. New versions of the
|
||
Licence will be published with a unique version number.
|
||
All linguistic
|
||
versions of this Licence, approved by the European Commission, have identical
|
||
value. Parties can take advantage of the linguistic version of their
|
||
choice.
|
||
|
||
14. Jurisdiction
|
||
|
||
Without prejudice to specific agreement
|
||
between parties,
|
||
— any litigation resulting from the interpretation of this
|
||
License, arising between the European Union institutions, bodies, offices or
|
||
agencies, as a Licensor, and any Licensee, will be subject to the jurisdiction
|
||
of the Court of Justice of the European Union, as laid down in article 272 of
|
||
the Treaty on the Functioning of the European Union,
|
||
— any litigation
|
||
arising between other parties and resulting from the interpretation of this
|
||
License, will be subject to the exclusive jurisdiction of the competent court
|
||
where the Licensor resides or conducts its primary business.
|
||
|
||
15.
|
||
Applicable Law
|
||
|
||
Without prejudice to specific agreement between
|
||
parties,
|
||
— this Licence shall be governed by the law of the European Union
|
||
Member State where the Licensor has his seat, resides or has his registered
|
||
office,
|
||
— this licence shall be governed by Belgian law if the Licensor has
|
||
no seat, residence or registered office inside a European Union Member
|
||
State.
|
||
|
||
Appendix
|
||
|
||
‘Compatible Licences’ according to Article 5 EUPL are:
|
||
— GNU General Public License (GPL) v. 2, v. 3
|
||
— GNU Affero General
|
||
Public License (AGPL) v. 3
|
||
— Open Software License (OSL) v. 2.1, v. 3.0
|
||
— Eclipse Public License (EPL) v. 1.0
|
||
— CeCILL v. 2.0, v. 2.1
|
||
— Mozilla Public Licence (MPL) v. 2
|
||
— GNU Lesser General Public Licence (LGPL) v. 2.1, v. 3
|
||
— Creative Commons Attribution-ShareAlike v. 3.0 Unported (CC BY-SA 3.0)
|
||
for works other than software
|
||
— European Union Public Licence (EUPL) v. 1.1, v. 1.2
|
||
— Québec Free and Open-Source Licence
|
||
— Reciprocity (LiLiQ-R) or Strong Reciprocity (LiLiQ-R+)
|
||
|
||
— The European Commission may update this Appendix to later versions of the
|
||
above licences without producing a new version of the EUPL, as long as they
|
||
provide the rights granted in Article 2 of this Licence and protect the
|
||
covered Source Code from exclusive appropriation.
|
||
— All other changes or additions to this Appendix require the production of
|
||
a new EUPL version.
|