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gCube System - License
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------------------------------------------------------------
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European Union Public Licence V. 1.1
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EUPL © the European Community 2007
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This European Union Public Licence (the “EUPL”) applies to the Work or Software
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(as 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 Original Work is provided under the terms of this Licence when the Licensor
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(as defined below) has placed the following notice immediately following the
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copyright notice for the Original Work:
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Licensed under the EUPL V.1.1
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or has expressed by any other mean 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 or the Software: the software distributed and/or
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communicated by the Licensor under this Licence, available as Source Code and
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also as Executable Code as the case may be.
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- Derivative Works: the works or software that could be created by the Licensee,
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based upon the Original Work or modifications thereof. This Licence does not
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define the extent of modification or dependence on the Original Work required
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in order to classify a work as a Derivative Work; this extent is determined by
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copyright law applicable in the country mentioned in Article 15.
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- The Work: the Original Work and/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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- The Executable Code: any code which has generally been compiled and which is
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meant to be interpreted by a computer as a program.
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- The Licensor: the natural or legal person that distributes and/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 the
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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 the
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Software under the terms of the Licence.
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- Distribution and/or Communication: any act of selling, giving, lending,
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renting, distributing, communicating, transmitting, or otherwise making
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available, on-line or off-line, 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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2. Scope of the rights granted by the Licence
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The Licensor hereby grants You a world-wide, royalty-free, non-exclusive,
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sub-licensable licence to do the following, for the duration of copyright vested
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in the Original Work:
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- use the Work in any circumstance and for all usage, reproduce the Work, modify
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- the Original Work, and make Derivative Works based upon the Work, communicate
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- to the public, including the right to make available or display the Work or
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- copies thereof to the public and perform publicly, as the case may be, the
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- Work, distribute the Work or copies thereof, lend and rent the Work or copies
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- thereof, sub-license rights in the Work or copies thereof.
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Those rights can be exercised on any media, supports and formats, whether now
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known or later invented, as far as the applicable law permits so.
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In the countries where moral rights apply, the Licensor waives his right to
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exercise his moral right to the extent allowed by law in order to make effective
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the licence of the economic rights here above listed.
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The Licensor grants to the Licensee royalty-free, non exclusive usage rights to
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any patents held by the Licensor, to the extent necessary to make use of the
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rights granted on the Work under this Licence.
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3. Communication of the Source Code
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The Licensor may provide the Work either in its Source Code form, or as
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Executable Code. If the Work is provided as Executable Code, the Licensor
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provides in addition a machine-readable copy of the Source Code of the Work
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along with each copy of the Work that the Licensor distributes or indicates, in
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a notice following the copyright notice attached to the Work, a repository where
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the Source Code is easily and freely accessible for as long as the Licensor
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continues to distribute and/or communicate the Work.
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4. Limitations on copyright
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Nothing in this Licence is intended to deprive the Licensee of the benefits from
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any exception or limitation to the exclusive rights of the rights owners in the
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Original Work or Software, of the exhaustion of those rights or of other
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applicable limitations thereto.
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5. Obligations of the Licensee
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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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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 a
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copy of the Licence with every copy of the Work he/she distributes and/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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Copyleft clause: If the Licensee distributes and/or communicates copies of the
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Original Works or Derivative Works based upon the Original Work, this
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Distribution and/or Communication will be done under the terms of this Licence
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or of a later version of this Licence unless the Original Work is expressly
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distributed only under this version of the Licence. The Licensee (becoming
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Licensor) cannot offer or impose any additional terms or conditions on the Work
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or Derivative Work that alter or restrict the terms of the Licence.
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Compatibility clause: If the Licensee Distributes and/or Communicates Derivative
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Works or copies thereof based upon both the Original Work and another work
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licensed under a Compatible Licence, this Distribution and/or Communication can
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be done 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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Provision of Source Code: When distributing and/or communicating copies of the
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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 for
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as long as the Licensee continues to distribute and/or communicate the Work.
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Legal Protection: This Licence does not grant permission to use the trade names,
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trademarks, service marks, or names of the Licensor, except as required for
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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 brings
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to the Work are 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 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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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 software development.
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For the above reason, the Work is provided under the Licence on an “as is” basis
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and without warranties of any kind concerning the Work, including without
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limitation merchantability, fitness for a particular purpose, absence of defects
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or errors, accuracy, non-infringement of intellectual property rights other than
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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 condition
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for the grant of any rights to the Work.
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8. Disclaimer of Liability
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Except in the cases of wilful misconduct or damages directly caused to natural
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persons, the Licensor will in no event be liable for any direct or indirect,
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material or moral, damages of any kind, arising out of the Licence or of the use
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of the Work, including without limitation, damages for loss of goodwill, work
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stoppage, computer failure or malfunction, loss of data or any commercial
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damage, even if the Licensor has been advised of the possibility of such
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damage. However, the Licensor will be liable under statutory product liability
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laws as far such laws apply to the Work.
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9. Additional agreements
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While distributing the Original Work or Derivative Works, You may choose to
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conclude an additional agreement to offer, and charge a fee for, acceptance of
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support, warranty, indemnity, or other liability obligations and/or services
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consistent with this Licence. However, in accepting such obligations, You may
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act only on your own behalf and on your sole responsibility, not on behalf of
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the original Licensor or any other Contributor, and only if You agree to
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indemnify, defend, and hold each Contributor harmless for any liability incurred
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by, or claims asserted against such Contributor by the fact You have accepted
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any such warranty or additional 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 agree”
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placed under the bottom of a window displaying the text of this Licence or by
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affirming consent in any other similar way, in accordance with the rules of
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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 Licence,
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such as the use of the Work, the creation by You of a Derivative Work or the
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Distribution and/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 and/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.
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Such a termination will not terminate the licences of any person who has
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received the Work from the Licensee under the Licence, provided such persons
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remain in full 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 licensed hereunder.
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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 and/or reformed so as necessary to make
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it valid and enforceable.
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The European Commission may publish other linguistic versions and/or new
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versions of this Licence, so far this is required and reasonable, without
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reducing the scope of the rights granted by the Licence. New versions of the
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Licence will be published with a unique version 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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Any litigation resulting from the interpretation of this License, arising
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between the European Commission, as a Licensor, and any Licensee, will be
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subject to the jurisdiction of the Court of Justice of the European Communities,
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as laid down in article 238 of the Treaty establishing the European Community.
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Any litigation arising between Parties, other than the European Commission, and
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resulting from the interpretation of this License, will be subject to the
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exclusive jurisdiction of the competent court where the Licensor resides or
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conducts its primary business.
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15. Applicable Law
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This Licence shall be governed by the law of the European Union country where
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the Licensor resides or has his registered office.
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This licence shall be governed by the Belgian law if:
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- a litigation arises between the European Commission, as a Licensor, and any
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- Licensee; the Licensor, other than the European Commission, has no residence
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- or registered office inside a European Union country.
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===
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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 (GNU GPL) v. 2
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- Open Software License (OSL) v. 2.1, v. 3.0
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- Common Public License v. 1.0
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- Eclipse Public License v. 1.0
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- Cecill v. 2.0
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