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#European Union Public Licence V.1.1
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# EUROPEAN UNION PUBLIC LICENCE V. 1.2 (EUPL V. 1.2)
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##*EUPL © the European Community 2007*
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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 defined
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below) which is provided under the terms of this Licence. Any use of the Work,
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other than as authorised under this Licence is prohibited (to the extent such
|
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use is covered by a right of the copyright holder of the Work).
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This **European Union Public Licence** (the **“EUPL”**) applies to the Work or Software
|
||||
(as defined below) which is provided under the terms of this Licence. Any use of
|
||||
the Work, other than as authorised under this Licence is prohibited (to the
|
||||
extent such use is covered by a right of the copyright holder of the Work).
|
||||
The Work is provided under the terms of this Licence when the Licensor (as
|
||||
defined below) has placed the following notice immediately following the
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||||
copyright notice for the Work:
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The Original Work is provided under the terms of this Licence when the Licensor
|
||||
(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***
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**Licensed under the EUPL V.1.1**
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or has expressed by any other means his willingness to license under the EUPL.
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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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## 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 Licence**: this Licence.
|
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|
||||
- The Original Work or the Software: the software distributed and/or
|
||||
communicated by the Licensor under this Licence, available as Source Code and
|
||||
also as Executable Code as the case may be.
|
||||
* **The Original Work**: the work or software distributed or communicated by the
|
||||
Licensor under this Licence, available as Source Code and also as Executable
|
||||
Code as the case may be.
|
||||
|
||||
- Derivative Works: the works or software that could be created by the Licensee,
|
||||
based upon the Original Work or modifications thereof. This Licence does not
|
||||
define the extent of modification or dependence on the Original Work required
|
||||
in order to classify a work as a Derivative Work; this extent is determined by
|
||||
copyright law applicable in the country mentioned in Article 15.
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||||
* **Derivative Works**: the works or software that could be created by the
|
||||
Licensee, based upon the Original Work or modifications thereof. This Licence
|
||||
does not define the extent of modification or dependence on the Original Work
|
||||
required in order to classify a work as a Derivative Work; this extent is
|
||||
determined by copyright law applicable in the country mentioned in Article 15.
|
||||
|
||||
- The Work: the Original Work and/or its Derivative Works.
|
||||
* **The Work**: the Original Work or its Derivative Works.
|
||||
|
||||
- The Source Code: the human-readable form of the Work which is the most
|
||||
convenient for people to study and modify.
|
||||
* **The Source Code**: the human-readable form of the Work which is the most
|
||||
convenient for people to study and modify.
|
||||
|
||||
- The Executable Code: any code which has generally been compiled and which is
|
||||
meant to be interpreted by a computer as a program.
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||||
* **The Executable Code**: any code which has generally been compiled and which is
|
||||
meant to be interpreted by a computer as a program.
|
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|
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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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* **The Licensor**: the natural or legal person that distributes or communicates
|
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the Work under the Licence.
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||||
|
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- Contributor(s): any natural or legal person who modifies the Work under the
|
||||
Licence, or otherwise contributes to the creation of a Derivative Work.
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* **Contributor(s)**: any natural or legal person who modifies the Work under the
|
||||
Licence, or otherwise contributes to the creation of a Derivative Work.
|
||||
|
||||
- The Licensee or “You”: any natural or legal person who makes any usage of the
|
||||
Software under the terms of the Licence.
|
||||
* **The Licensee** or **You**: any natural or legal person who makes any usage of
|
||||
the Work under the terms of the Licence.
|
||||
|
||||
- Distribution and/or Communication: any act of selling, giving, lending,
|
||||
renting, distributing, communicating, transmitting, or otherwise making
|
||||
available, on-line or off-line, copies of the Work or providing access to its
|
||||
essential functionalities at the disposal of any other natural or legal
|
||||
person.
|
||||
* **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 or legal
|
||||
person.
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## 2. Scope of the rights granted by the Licence
|
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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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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 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
|
||||
- the Original 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
|
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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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* 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 may
|
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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
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known or later invented, as far as the applicable law permits so.
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@ -79,13 +77,11 @@ 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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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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## 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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@ -93,61 +89,55 @@ 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
|
||||
the Source Code is easily and freely accessible for as long as the Licensor
|
||||
continues to distribute and/or communicate the Work.
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||||
continues to distribute or communicate the Work.
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##4. Limitations on copyright
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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
|
||||
applicable limitations thereto.
|
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Work, of the exhaustion of those rights or of other applicable limitations
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thereto.
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##5. Obligations of the Licensee
|
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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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**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
|
||||
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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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
|
||||
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
|
||||
or of a later version of this Licence unless the Original Work is expressly
|
||||
distributed only under this version of the Licence. 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.
|
||||
**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 and/or Communicates Derivative
|
||||
Works or copies thereof based upon both the Original Work and another work
|
||||
licensed under a Compatible Licence, this Distribution and/or Communication can
|
||||
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.
|
||||
**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.
|
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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.
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|
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Provision of Source Code: When distributing and/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 and/or communicate the Work.
|
||||
**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,
|
||||
**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
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reproducing the content of the copyright notice.
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##6. Chain of Authorship
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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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@ -161,15 +151,13 @@ 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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## 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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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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For the above reason, the Work is provided under the Licence on an “as is” basis
|
||||
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
|
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limitation merchantability, fitness for a particular purpose, absence of defects
|
||||
or errors, accuracy, non-infringement of intellectual property rights other than
|
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@ -178,38 +166,30 @@ 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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## 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.
|
||||
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
|
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far such laws apply to the Work.
|
||||
|
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## 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.
|
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|
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##9. Additional agreements
|
||||
## 10. Acceptance of the Licence
|
||||
|
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While distributing the Original Work or Derivative Works, You may choose to
|
||||
conclude an additional agreement to offer, and charge a fee for, acceptance of
|
||||
support, warranty, indemnity, or other liability obligations and/or services
|
||||
consistent with this Licence. However, in accepting such 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 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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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
|
||||
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@ -218,22 +198,18 @@ 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
|
||||
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 and/or Communication by You of the Work or copies thereof.
|
||||
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 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.
|
||||
|
||||
##11. Information to the public
|
||||
|
||||
In case of any Distribution and/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
|
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## 12. Termination of the Licence
|
||||
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The Licence and the rights granted hereunder will terminate automatically upon
|
||||
any breach by the Licensee of the terms of the Licence.
|
||||
|
|
@ -242,70 +218,71 @@ 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
|
||||
## 13. Miscellaneous
|
||||
|
||||
Without prejudice of Article 9 above, the Licence represents the complete
|
||||
agreement between the Parties as to the Work licensed hereunder.
|
||||
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 and/or reformed so as necessary to make
|
||||
it valid and enforceable.
|
||||
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 and/or new
|
||||
versions of this Licence, 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.
|
||||
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,
|
||||
|
||||
##14. Jurisdiction
|
||||
* 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 resulting from the interpretation of this License, arising
|
||||
between the European Commission, as a Licensor, and any Licensee, will be
|
||||
subject to the jurisdiction of the Court of Justice of the European Communities,
|
||||
as laid down in article 238 of the Treaty establishing the European Community.
|
||||
* 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.
|
||||
|
||||
Any litigation arising between Parties, other than the European Commission, 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,
|
||||
|
||||
##15. Applicable Law
|
||||
* this licence shall be governed by Belgian law if the Licensor has no seat,
|
||||
residence or registered office inside a European Union Member State.
|
||||
|
||||
This Licence shall be governed by the law of the European Union country where
|
||||
the Licensor resides or has his registered office.
|
||||
## Appendix
|
||||
|
||||
This licence shall be governed by the Belgian law if:
|
||||
**Compatible Licences** according to Article 5 EUPL are:
|
||||
|
||||
- a litigation arises between the European Commission, as a Licensor, and any
|
||||
- Licensee; the Licensor, other than the European Commission, has no residence
|
||||
- or registered office inside a European Union country.
|
||||
* 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.
|
||||
|
||||
---
|
||||
|
||||
|
||||
##Appendix
|
||||
|
||||
|
||||
**“Compatible Licences”** according to article 5 EUPL are:
|
||||
|
||||
|
||||
- GNU General Public License (GNU GPL) v. 2
|
||||
|
||||
- Open Software License (OSL) v. 2.1, v. 3.0
|
||||
|
||||
- Common Public License v. 1.0
|
||||
|
||||
- Eclipse Public License v. 1.0
|
||||
|
||||
- Cecill v. 2.0
|
||||
All other changes or additions to this Appendix require the production of a new
|
||||
EUPL version.
|
||||
Loading…
Reference in New Issue