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