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1 European Union Public Licence |
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2 V. 1.1 |
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3 EUPL © the European Community 2007 |
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4 |
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5 This Europe an Union Public Licence (the “EUPL”) applies to the Work |
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6 or Software (as defined below) which is provided under the terms of |
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7 this Licence. Any use of the Work, other than as authorised under this |
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8 Licence is prohibited (to the extent such use is covered by a right of |
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9 the copyright holder of the Work). |
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10 |
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11 The Original Work is provided under the terms of this Licence when the |
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12 Licensor (as defined below) has placed the following notice immediately |
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13 following the copyright notice for the Original Work: |
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14 |
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15 Licensed under the EUPL V.1.1 |
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16 |
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17 or has expressed by any other mean his willingness to license under the EUPL. |
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18 |
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19 1. Definitions |
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20 |
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21 In this Licence, the following terms have the following meaning: |
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22 |
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23 - The Licence: this Licence. |
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24 |
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25 - The Original Work or the Software: the software distributed and/or |
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26 communicated by the Licensor under this Licence, available as Source |
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27 Code and also as Executable Code as the case may be. |
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28 |
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29 - Derivative Works: the works or software that could be created by the |
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30 Licensee, based upon the Original Work or modifications thereof. This |
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31 Licence does not define the extent of modification or dependence on the |
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32 Original Work required in order to classify a work as a Derivative Work; |
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33 this extent is determined by copyright law applicable in the country |
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34 mentioned in Article 15. |
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35 |
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36 - The Work: the Original Work and/or its Derivative Works. |
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37 |
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38 - The Source Code: the human-readable form of the Work which |
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39 is the most convenient for people to study and modify. |
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40 |
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41 - The Executable Code: any code which has generally been compiled |
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42 and which is meant to be interpreted by a computer as a program. |
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43 |
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44 - The Licensor: the natural or legal person that distributes |
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45 and/or communicates the Work under the Licence. |
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46 |
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47 - Contributor(s): any natural or legal person who modifies the Work under |
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48 the Licence, or otherwise contributes to the creation of a Derivative Work. |
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49 |
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50 - The Licensee or “You”: any natural or legal person who makes |
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51 any usage of the Software under the terms of the Licence. |
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52 |
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53 - Distribution and/or Communication: any act of selling, giving, |
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54 lending, renting, distributing, communicating, transmitting, or |
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55 otherwise making available, on-line or off-line, copies of the |
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56 Work or providing access to its essential functionalities at |
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57 the disposal of any other natural or legal person. |
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58 |
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59 2. Scope of the rights granted by the Licence |
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60 |
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61 The Licensor hereby grants You a world-wide, royalty-free, non-exclusive, |
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62 sublicensable licence to do the following, for the duration of copyright |
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63 vested in the Original Work: |
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64 |
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65 - use the Work in any circumstance and for all usage, |
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66 - reproduce the Work, |
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67 - modify the Original Work, and make Derivative Works based upon the Work, |
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68 - communicate to the public, including the right to make available or |
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69 display the Work or copies thereof to the public and perform publicly, |
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70 as the case may be, the Work, |
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71 - distribute the Work or copies thereof, |
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72 - lend and rent the Work or copies thereof, |
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73 - sub-license rights in the Work or copies thereof. |
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74 |
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75 Those rights can be exercised on any media, supports and formats, whether |
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76 now known or later invented, as far as the applicable law permits so. |
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77 |
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78 In the countries where moral rights apply, the Licensor waives his right |
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79 to exercise his moral right to the extent allowed by law in order to |
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80 make effective the licence of the economic rights here above listed. |
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81 |
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82 The Licensor grants to the Licensee royalty-free, non exclusive usage |
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83 rights to any patents held by the Licensor, to the extent necessary to |
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84 make use of the rights granted on the Work under this Licence. |
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85 |
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86 3. Communication of the Source Code |
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87 |
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88 The Licensor may provide the Work either in its Source Code form, or |
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89 as Executable Code. If the Work is provided as Executable Code, the |
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90 Licensor provides in addition a machine-readable copy of the Source |
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91 Code of the Work along with each copy of the Work that the Licensor |
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92 distributes or indicates, in a notice following the copyright notice |
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93 attached to the Work, a repository where the Source Code is easily and |
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94 freely accessible for as long as the Licensor continues to distribute |
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95 and/or communicate the Work. |
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96 |
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97 4. Limitations on copyright |
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98 |
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99 Nothing in this Licence is intended to deprive the Licensee of the |
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100 benefits from any exception or limitation to the exclusive rights of the |
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101 rights owners in the Original Work or Software, of the exhaustion of |
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102 those rights or of other applicable limitations thereto. |
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103 |
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104 5. Obligations of the Licensee |
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105 |
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106 The grant of the rights mentioned above is subject to some restrictions |
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107 and obligations imposed on the Licensee. Those obligations are the |
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108 following: |
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109 |
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110 Attribution right: the Licensee shall keep intact all |
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111 copyright, patent or trademarks notices and all notices that refer to |
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112 the Licence and to the disclaimer of warranties. |
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113 |
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114 The Licensee must include a copy of such notices and a copy of |
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115 the Licence with every copy of the Work he/she distributes and/or |
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116 communicates. The Licensee must cause any Derivative Work to carry |
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117 prominent notices stating that the Work has been modified and the date |
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118 of modification. |
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119 |
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120 Copyleft clause: If the Licensee distributes and/or communicates copies |
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121 of the Original Works or Derivative Works based upon the Original |
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122 Work, this Distribution and/or Communication will be done under the |
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123 terms of this Licence or of a later version of this Licence unless the |
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124 Original Work is expressly distributed only under this version of the |
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125 Licence. The Licensee (becoming Licensor) cannot offer or impose any |
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126 additional terms or conditions on the Work or Derivative Work that alter |
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127 or restrict the terms of the Licence. |
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128 |
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129 Compatibility clause: If the Licensee Distributes and/or Communicates |
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130 Derivative Works or copies thereof based upon both the Original Work |
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131 and another work licensed under a Compatible Licence, this Distribution |
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132 and/or Communication can be done under the terms of this Compatible |
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133 Licence. For the sake of this clause, “Compatible Licence” refers |
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134 to the licences listed in the appendix attached to this Licence. Should |
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135 the Licensee’s obligations under the Compatible Licence conflict |
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136 with his/her obligations under this Licence, the obligations of the |
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137 Compatible Licence shall prevail. |
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138 |
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139 Provision of Source Code: When distributing and/or communicating copies |
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140 of the Work, the Licensee will provide a machine-readable copy of the |
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141 Source Code or indicate a repository where this Source will be easily |
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142 and freely available for as long as the Licensee continues to distribute |
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143 and/or communicate the Work. |
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144 |
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145 Legal Protection: This Licence does not grant permission to use the |
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146 trade names, trademarks, service marks, or names of the Licensor, except |
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147 as required for reasonable and customary use in describing the origin of |
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148 the Work and reproducing the content of the copyright notice. |
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149 |
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150 6. Chain of Authorship |
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151 |
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152 The original Licensor warrants that the copyright in the Original Work |
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153 granted hereunder is owned by him/her or licensed to him/her and that |
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154 he/she has the power and authority to grant the Licence. |
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155 |
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156 Each Contributor warrants that the copyright in the modifications he/she |
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157 brings to the Work are owned by him/her or licensed to him/her and that |
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158 he/she has the power and authority to grant the Licence. |
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159 |
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160 Each time You accept the Licence, the original Licensor and subsequent |
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161 Contributors grant You a licence to their contributions to the Work, |
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162 under the terms of this Licence. |
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163 |
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164 7. Disclaimer of Warranty |
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165 |
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166 The Work is a work in progress, which is continuously improved by |
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167 numerous contributors. It is not a finished work and may therefore |
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168 contain defects or “bugs” inherent to this type of software |
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169 development. |
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170 |
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171 For the above reason, the Work is provided under the Licence on an |
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172 “as is” basis and without warranties of any kind concerning the Work, |
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173 including without limitation merchantability, fitness for a particular |
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174 purpose, absence of defects or errors, accuracy, non-infringement of |
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175 intellectual property rights other than copyright as stated in Article |
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176 6 of this Licence. |
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177 |
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178 This disclaimer of warranty is an essential part of the Licence |
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179 and a condition for the grant of any rights to the Work. |
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180 |
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181 8. Disclaimer of Liability |
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182 |
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183 Except in the cases of wilful misconduct or damages directly caused to |
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184 natural persons, the Licensor will in no event be liable for any direct |
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185 or indirect, material or moral, damages of any kind, arising out of the |
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186 Licence or of the use of the Work, including without limitation, damages |
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187 for loss of goodwill, work stoppage, computer failure or malfunction, |
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188 loss of data or any commercial damage, even if the Licensor has been |
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189 advised of the possibility of such damage. However, the Licensor will be |
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190 liable under statutory product liability laws as far such laws apply to |
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191 the Work. |
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192 |
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193 9. Additional agreements |
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194 |
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195 While distributing the Original Work or Derivative Works, You may |
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196 choose to conclude an additional agreement to offer, and charge a fee |
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197 for, acceptance of support, warranty, indemnity, or other liability |
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198 obligations and/or services consistent with this Licence. However, in |
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199 accepting such obligations, You may act only on your own behalf and on |
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200 your sole responsibility, not on behalf of the original Licensor or |
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201 any other Contributor, and only if You agree to indemnify, defend, and |
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202 hold each Contributor harmless for any liability incurred by, or claims |
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203 asserted against such Contributor by the fact You have accepted any such |
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204 warranty or additional liability. |
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205 |
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206 10. Acceptance of the Licence |
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207 |
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208 The provisions of this Licence can be accepted by clicking on an icon |
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209 “I agree” placed under the bottom of a window displaying the text |
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210 of this Licence or by affirming consent in any other similar way, in |
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211 accordance with the rules of applicable law. Clicking on that icon |
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212 indicates your clear and irrevocable acceptance of this Licence and all |
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213 of its terms and conditions. |
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214 |
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215 Similarly, you irrevocably accept this Licence and all of its terms |
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216 and conditions by exercising any rights granted to You by Article 2 of |
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217 this Licence, such as the use of the Work, the creation by You of a |
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218 Derivative Work or the Distribution and/or Communication by You of the |
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219 Work or copies thereof. |
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220 |
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221 11. Information to the public |
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222 |
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223 In case of any Distribution and/or Communication of the Work by means of |
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224 electronic communication by You (for example, by offering to download |
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225 the Work from a remote location) the distribution channel or media (for |
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226 example, a website) must at least provide to the public the information |
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227 requested by the applicable law regarding the Licensor, the Licence and |
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228 the way it may be accessible, concluded, stored and reproduced by the |
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229 Licensee. |
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230 |
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231 12. Termination of the Licence |
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232 |
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233 The Licence and the rights granted hereunder will terminate |
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234 automatically upon any breach by the Licensee of the terms of the |
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235 Licence. Such a termination will not terminate the licences of any |
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236 person who has received the Work from the Licensee under the Licence, |
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237 provided such persons remain in full compliance with the Licence. |
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238 |
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239 13. Miscellaneous |
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240 |
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241 Without prejudice of Article 9 above, the Licence represents the |
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242 complete agreement between the Parties as to the Work licensed |
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243 hereunder. |
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244 |
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245 If any provision of the Licence is invalid or unenforceable under |
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246 applicable law, this will not affect the validity or enforceability |
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247 of the Licence as a whole. Such provision will be construed and/or |
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248 reformed so as necessary to make it valid and enforceable. The European |
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249 Commission may publish other linguistic versions and/or new versions of |
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250 this Licence, so far this is required and reasonable, without reducing |
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251 the scope of the rights granted by the Licence. New versions of the |
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252 Licence will be published with a unique version number. |
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253 |
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254 All linguistic versions of this Licence, approved by the European |
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255 Commission, have identical value. Parties can take advantage of the |
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256 linguistic version of their choice. |
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257 |
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258 14. Jurisdiction |
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259 |
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260 Any litigation resulting from the interpretation of this License, |
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261 arising between the European Commission, as a Licensor, and any |
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262 Licensee, will be subject to the jurisdiction of the Court of Justice |
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263 of the European Communities, as laid down in article 238 of the Treaty |
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264 establishing the European Community. |
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265 |
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266 Any litigation arising between Parties, other than the European |
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267 Commission, and resulting from the interpretation of this License, will |
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268 be subject to the exclusive jurisdiction of the competent court where |
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269 the Licensor resides or conducts its primary business. |
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270 |
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271 15. Applicable Law |
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272 |
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273 This Licence shall be governed by the law of the European Union |
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274 country where the Licensor resides or has his registered office. |
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275 |
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276 This licence shall be governed by the Belgian law if: |
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277 |
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278 - a litigation arises between the European |
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279 Commission, as a Licensor, and any Licensee; |
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280 - the Licensor, other than the European Commission, has no |
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281 residence or registered office inside a European Union country. |
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282 |
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283 |
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284 === |
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285 |
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286 |
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287 Appendix |
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288 |
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289 “Compatible Licences” according to article 5 EUPL are: |
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290 |
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291 - GNU General Public License (GNU GPL) v. 2 |
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292 - Open Software License (OSL) v. 2.1, v. 3.0 |
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293 - Common Public License v. 1.0 |
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294 - Eclipse Public License v. 1.0 |
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295 - Cecill v. 2.0 |