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| 1 | + EUROPEAN UNION PUBLIC LICENCE v. 1.2 |
| 2 | + EUPL © the European Union 2007, 2016 |
| 3 | + |
| 4 | +This European Union Public Licence (the ‘EUPL’) applies to the Work (as defined |
| 5 | +below) which is provided under the terms of this Licence. Any use of the Work, |
| 6 | +other than as authorised under this Licence is prohibited (to the extent such |
| 7 | +use is covered by a right of the copyright holder of the Work). |
| 8 | + |
| 9 | +The Work is provided under the terms of this Licence when the Licensor (as |
| 10 | +defined below) has placed the following notice immediately following the |
| 11 | +copyright notice for the Work: |
| 12 | + |
| 13 | + Licensed under the EUPL |
| 14 | + |
| 15 | +or has expressed by any other means his willingness to license under the EUPL. |
| 16 | + |
| 17 | +1. Definitions |
| 18 | + |
| 19 | +In this Licence, the following terms have the following meaning: |
| 20 | + |
| 21 | +- ‘The Licence’: this Licence. |
| 22 | + |
| 23 | +- ‘The Original Work’: the work or software distributed or communicated by the |
| 24 | + Licensor under this Licence, available as Source Code and also as Executable |
| 25 | + Code as the case may be. |
| 26 | + |
| 27 | +- ‘Derivative Works’: the works or software that could be created by the |
| 28 | + Licensee, based upon the Original Work or modifications thereof. This Licence |
| 29 | + does not define the extent of modification or dependence on the Original Work |
| 30 | + required in order to classify a work as a Derivative Work; this extent is |
| 31 | + determined by copyright law applicable in the country mentioned in Article 15. |
| 32 | + |
| 33 | +- ‘The Work’: the Original Work or its Derivative Works. |
| 34 | + |
| 35 | +- ‘The Source Code’: the human-readable form of the Work which is the most |
| 36 | + convenient for people to study and modify. |
| 37 | + |
| 38 | +- ‘The Executable Code’: any code which has generally been compiled and which is |
| 39 | + meant to be interpreted by a computer as a program. |
| 40 | + |
| 41 | +- ‘The Licensor’: the natural or legal person that distributes or communicates |
| 42 | + the Work under the Licence. |
| 43 | + |
| 44 | +- ‘Contributor(s)’: any natural or legal person who modifies the Work under the |
| 45 | + Licence, or otherwise contributes to the creation of a Derivative Work. |
| 46 | + |
| 47 | +- ‘The Licensee’ or ‘You’: any natural or legal person who makes any usage of |
| 48 | + the Work under the terms of the Licence. |
| 49 | + |
| 50 | +- ‘Distribution’ or ‘Communication’: any act of selling, giving, lending, |
| 51 | + renting, distributing, communicating, transmitting, or otherwise making |
| 52 | + available, online or offline, copies of the Work or providing access to its |
| 53 | + essential functionalities at the disposal of any other natural or legal |
| 54 | + person. |
| 55 | + |
| 56 | +2. Scope of the rights granted by the Licence |
| 57 | + |
| 58 | +The Licensor hereby grants You a worldwide, royalty-free, non-exclusive, |
| 59 | +sublicensable licence to do the following, for the duration of copyright vested |
| 60 | +in the Original Work: |
| 61 | + |
| 62 | +- use the Work in any circumstance and for all usage, |
| 63 | +- reproduce the Work, |
| 64 | +- modify the Work, and make Derivative Works based upon the Work, |
| 65 | +- communicate to the public, including the right to make available or display |
| 66 | + the Work or copies thereof to the public and perform publicly, as the case may |
| 67 | + be, the Work, |
| 68 | +- distribute the Work or copies thereof, |
| 69 | +- lend and rent the Work or copies thereof, |
| 70 | +- sublicense rights in the Work or copies thereof. |
| 71 | + |
| 72 | +Those rights can be exercised on any media, supports and formats, whether now |
| 73 | +known or later invented, as far as the applicable law permits so. |
| 74 | + |
| 75 | +In the countries where moral rights apply, the Licensor waives his right to |
| 76 | +exercise his moral right to the extent allowed by law in order to make effective |
| 77 | +the licence of the economic rights here above listed. |
| 78 | + |
| 79 | +The Licensor grants to the Licensee royalty-free, non-exclusive usage rights to |
| 80 | +any patents held by the Licensor, to the extent necessary to make use of the |
| 81 | +rights granted on the Work under this Licence. |
| 82 | + |
| 83 | +3. Communication of the Source Code |
| 84 | + |
| 85 | +The Licensor may provide the Work either in its Source Code form, or as |
| 86 | +Executable Code. If the Work is provided as Executable Code, the Licensor |
| 87 | +provides in addition a machine-readable copy of the Source Code of the Work |
| 88 | +along with each copy of the Work that the Licensor distributes or indicates, in |
| 89 | +a notice following the copyright notice attached to the Work, a repository where |
| 90 | +the Source Code is easily and freely accessible for as long as the Licensor |
| 91 | +continues to distribute or communicate the Work. |
| 92 | + |
| 93 | +4. Limitations on copyright |
| 94 | + |
| 95 | +Nothing in this Licence is intended to deprive the Licensee of the benefits from |
| 96 | +any exception or limitation to the exclusive rights of the rights owners in the |
| 97 | +Work, of the exhaustion of those rights or of other applicable limitations |
| 98 | +thereto. |
| 99 | + |
| 100 | +5. Obligations of the Licensee |
| 101 | + |
| 102 | +The grant of the rights mentioned above is subject to some restrictions and |
| 103 | +obligations imposed on the Licensee. Those obligations are the following: |
| 104 | + |
| 105 | +Attribution right: The Licensee shall keep intact all copyright, patent or |
| 106 | +trademarks notices and all notices that refer to the Licence and to the |
| 107 | +disclaimer of warranties. The Licensee must include a copy of such notices and a |
| 108 | +copy of the Licence with every copy of the Work he/she distributes or |
| 109 | +communicates. The Licensee must cause any Derivative Work to carry prominent |
| 110 | +notices stating that the Work has been modified and the date of modification. |
| 111 | + |
| 112 | +Copyleft clause: If the Licensee distributes or communicates copies of the |
| 113 | +Original Works or Derivative Works, this Distribution or Communication will be |
| 114 | +done under the terms of this Licence or of a later version of this Licence |
| 115 | +unless the Original Work is expressly distributed only under this version of the |
| 116 | +Licence — for example by communicating ‘EUPL v. 1.2 only’. The Licensee |
| 117 | +(becoming Licensor) cannot offer or impose any additional terms or conditions on |
| 118 | +the Work or Derivative Work that alter or restrict the terms of the Licence. |
| 119 | + |
| 120 | +Compatibility clause: If the Licensee Distributes or Communicates Derivative |
| 121 | +Works or copies thereof based upon both the Work and another work licensed under |
| 122 | +a Compatible Licence, this Distribution or Communication can be done under the |
| 123 | +terms of this Compatible Licence. For the sake of this clause, ‘Compatible |
| 124 | +Licence’ refers to the licences listed in the appendix attached to this Licence. |
| 125 | +Should the Licensee's obligations under the Compatible Licence conflict with |
| 126 | +his/her obligations under this Licence, the obligations of the Compatible |
| 127 | +Licence shall prevail. |
| 128 | + |
| 129 | +Provision of Source Code: When distributing or communicating copies of the Work, |
| 130 | +the Licensee will provide a machine-readable copy of the Source Code or indicate |
| 131 | +a repository where this Source will be easily and freely available for as long |
| 132 | +as the Licensee continues to distribute or communicate the Work. |
| 133 | + |
| 134 | +Legal Protection: This Licence does not grant permission to use the trade names, |
| 135 | +trademarks, service marks, or names of the Licensor, except as required for |
| 136 | +reasonable and customary use in describing the origin of the Work and |
| 137 | +reproducing the content of the copyright notice. |
| 138 | + |
| 139 | +6. Chain of Authorship |
| 140 | + |
| 141 | +The original Licensor warrants that the copyright in the Original Work granted |
| 142 | +hereunder is owned by him/her or licensed to him/her and that he/she has the |
| 143 | +power and authority to grant the Licence. |
| 144 | + |
| 145 | +Each Contributor warrants that the copyright in the modifications he/she brings |
| 146 | +to the Work are owned by him/her or licensed to him/her and that he/she has the |
| 147 | +power and authority to grant the Licence. |
| 148 | + |
| 149 | +Each time You accept the Licence, the original Licensor and subsequent |
| 150 | +Contributors grant You a licence to their contributions to the Work, under the |
| 151 | +terms of this Licence. |
| 152 | + |
| 153 | +7. Disclaimer of Warranty |
| 154 | + |
| 155 | +The Work is a work in progress, which is continuously improved by numerous |
| 156 | +Contributors. It is not a finished work and may therefore contain defects or |
| 157 | +‘bugs’ inherent to this type of development. |
| 158 | + |
| 159 | +For the above reason, the Work is provided under the Licence on an ‘as is’ basis |
| 160 | +and without warranties of any kind concerning the Work, including without |
| 161 | +limitation merchantability, fitness for a particular purpose, absence of defects |
| 162 | +or errors, accuracy, non-infringement of intellectual property rights other than |
| 163 | +copyright as stated in Article 6 of this Licence. |
| 164 | + |
| 165 | +This disclaimer of warranty is an essential part of the Licence and a condition |
| 166 | +for the grant of any rights to the Work. |
| 167 | + |
| 168 | +8. Disclaimer of Liability |
| 169 | + |
| 170 | +Except in the cases of wilful misconduct or damages directly caused to natural |
| 171 | +persons, the Licensor will in no event be liable for any direct or indirect, |
| 172 | +material or moral, damages of any kind, arising out of the Licence or of the use |
| 173 | +of the Work, including without limitation, damages for loss of goodwill, work |
| 174 | +stoppage, computer failure or malfunction, loss of data or any commercial |
| 175 | +damage, even if the Licensor has been advised of the possibility of such damage. |
| 176 | +However, the Licensor will be liable under statutory product liability laws as |
| 177 | +far such laws apply to the Work. |
| 178 | + |
| 179 | +9. Additional agreements |
| 180 | + |
| 181 | +While distributing the Work, You may choose to conclude an additional agreement, |
| 182 | +defining obligations or services consistent with this Licence. However, if |
| 183 | +accepting obligations, You may act only on your own behalf and on your sole |
| 184 | +responsibility, not on behalf of the original Licensor or any other Contributor, |
| 185 | +and only if You agree to indemnify, defend, and hold each Contributor harmless |
| 186 | +for any liability incurred by, or claims asserted against such Contributor by |
| 187 | +the fact You have accepted any warranty or additional liability. |
| 188 | + |
| 189 | +10. Acceptance of the Licence |
| 190 | + |
| 191 | +The provisions of this Licence can be accepted by clicking on an icon ‘I agree’ |
| 192 | +placed under the bottom of a window displaying the text of this Licence or by |
| 193 | +affirming consent in any other similar way, in accordance with the rules of |
| 194 | +applicable law. Clicking on that icon indicates your clear and irrevocable |
| 195 | +acceptance of this Licence and all of its terms and conditions. |
| 196 | + |
| 197 | +Similarly, you irrevocably accept this Licence and all of its terms and |
| 198 | +conditions by exercising any rights granted to You by Article 2 of this Licence, |
| 199 | +such as the use of the Work, the creation by You of a Derivative Work or the |
| 200 | +Distribution or Communication by You of the Work or copies thereof. |
| 201 | + |
| 202 | +11. Information to the public |
| 203 | + |
| 204 | +In case of any Distribution or Communication of the Work by means of electronic |
| 205 | +communication by You (for example, by offering to download the Work from a |
| 206 | +remote location) the distribution channel or media (for example, a website) must |
| 207 | +at least provide to the public the information requested by the applicable law |
| 208 | +regarding the Licensor, the Licence and the way it may be accessible, concluded, |
| 209 | +stored and reproduced by the Licensee. |
| 210 | + |
| 211 | +12. Termination of the Licence |
| 212 | + |
| 213 | +The Licence and the rights granted hereunder will terminate automatically upon |
| 214 | +any breach by the Licensee of the terms of the Licence. |
| 215 | + |
| 216 | +Such a termination will not terminate the licences of any person who has |
| 217 | +received the Work from the Licensee under the Licence, provided such persons |
| 218 | +remain in full compliance with the Licence. |
| 219 | + |
| 220 | +13. Miscellaneous |
| 221 | + |
| 222 | +Without prejudice of Article 9 above, the Licence represents the complete |
| 223 | +agreement between the Parties as to the Work. |
| 224 | + |
| 225 | +If any provision of the Licence is invalid or unenforceable under applicable |
| 226 | +law, this will not affect the validity or enforceability of the Licence as a |
| 227 | +whole. Such provision will be construed or reformed so as necessary to make it |
| 228 | +valid and enforceable. |
| 229 | + |
| 230 | +The European Commission may publish other linguistic versions or new versions of |
| 231 | +this Licence or updated versions of the Appendix, so far this is required and |
| 232 | +reasonable, without reducing the scope of the rights granted by the Licence. New |
| 233 | +versions of the Licence will be published with a unique version number. |
| 234 | + |
| 235 | +All linguistic versions of this Licence, approved by the European Commission, |
| 236 | +have identical value. Parties can take advantage of the linguistic version of |
| 237 | +their choice. |
| 238 | + |
| 239 | +14. Jurisdiction |
| 240 | + |
| 241 | +Without prejudice to specific agreement between parties, |
| 242 | + |
| 243 | +- any litigation resulting from the interpretation of this License, arising |
| 244 | + between the European Union institutions, bodies, offices or agencies, as a |
| 245 | + Licensor, and any Licensee, will be subject to the jurisdiction of the Court |
| 246 | + of Justice of the European Union, as laid down in article 272 of the Treaty on |
| 247 | + the Functioning of the European Union, |
| 248 | + |
| 249 | +- any litigation arising between other parties and resulting from the |
| 250 | + interpretation of this License, will be subject to the exclusive jurisdiction |
| 251 | + of the competent court where the Licensor resides or conducts its primary |
| 252 | + business. |
| 253 | + |
| 254 | +15. Applicable Law |
| 255 | + |
| 256 | +Without prejudice to specific agreement between parties, |
| 257 | + |
| 258 | +- this Licence shall be governed by the law of the European Union Member State |
| 259 | + where the Licensor has his seat, resides or has his registered office, |
| 260 | + |
| 261 | +- this licence shall be governed by Belgian law if the Licensor has no seat, |
| 262 | + residence or registered office inside a European Union Member State. |
| 263 | + |
| 264 | +Appendix |
| 265 | + |
| 266 | +‘Compatible Licences’ according to Article 5 EUPL are: |
| 267 | + |
| 268 | +- GNU General Public License (GPL) v. 2, v. 3 |
| 269 | +- GNU Affero General Public License (AGPL) v. 3 |
| 270 | +- Open Software License (OSL) v. 2.1, v. 3.0 |
| 271 | +- Eclipse Public License (EPL) v. 1.0 |
| 272 | +- CeCILL v. 2.0, v. 2.1 |
| 273 | +- Mozilla Public Licence (MPL) v. 2 |
| 274 | +- GNU Lesser General Public Licence (LGPL) v. 2.1, v. 3 |
| 275 | +- Creative Commons Attribution-ShareAlike v. 3.0 Unported (CC BY-SA 3.0) for |
| 276 | + works other than software |
| 277 | +- European Union Public Licence (EUPL) v. 1.1, v. 1.2 |
| 278 | +- Québec Free and Open-Source Licence — Reciprocity (LiLiQ-R) or Strong |
| 279 | + Reciprocity (LiLiQ-R+). |
| 280 | + |
| 281 | +The European Commission may update this Appendix to later versions of the above |
| 282 | +licences without producing a new version of the EUPL, as long as they provide |
| 283 | +the rights granted in Article 2 of this Licence and protect the covered Source |
| 284 | +Code from exclusive appropriation. |
| 285 | + |
| 286 | +All other changes or additions to this Appendix require the production of a new |
| 287 | +EUPL version. |
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