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Copyright (C) 2020 loweel@keinpfusch.net |
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Copyright (C) 2020 loweel@keinpfusch.net |
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This program is free software: you can redistribute it and/or modify |
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it under the terms of the GNU General Public License as published by |
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the Free Software Foundation, either version 3 of the License, or |
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(at your option) any later version. |
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EUROPEAN UNION PUBLIC LICENCE v. 1.2 |
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EUPL © the European Union 2007, 2016 |
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This program is distributed in the hope that it will be useful, |
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but WITHOUT ANY WARRANTY; without even the implied warranty of |
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MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the |
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GNU General Public License for more details. |
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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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You should have received a copy of the GNU General Public License |
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along with this program. If not, see <https://www.gnu.org/licenses/>. |
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The Work is provided under the terms of this Licence when the Licensor (as |
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defined below) has placed the following notice immediately following the |
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copyright notice for the Work: |
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Licensed under the EUPL |
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or has expressed by any other means his willingness to license under the EUPL. |
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1. Definitions |
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In this Licence, the following terms have the following meaning: |
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- ‘The Licence’: this Licence. |
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- ‘The Original Work’: the work or software distributed or communicated by the |
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Licensor under this Licence, available as Source Code and also as Executable |
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Code as the case may be. |
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- ‘Derivative Works’: the works or software that could be created by the |
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Licensee, based upon the Original Work or modifications thereof. This Licence |
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does not define the extent of modification or dependence on the Original Work |
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required in order to classify a work as a Derivative Work; this extent is |
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determined by copyright law applicable in the country mentioned in Article 15. |
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- ‘The Work’: the Original Work or its Derivative Works. |
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- ‘The Source Code’: the human-readable form of the Work which is the most |
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convenient for people to study and modify. |
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- ‘The Executable Code’: any code which has generally been compiled and which is |
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meant to be interpreted by a computer as a program. |
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- ‘The Licensor’: the natural or legal person that distributes or communicates |
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the Work under the Licence. |
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- ‘Contributor(s)’: any natural or legal person who modifies the Work under the |
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Licence, or otherwise contributes to the creation of a Derivative Work. |
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- ‘The Licensee’ or ‘You’: any natural or legal person who makes any usage of |
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the Work under the terms of the Licence. |
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- ‘Distribution’ or ‘Communication’: any act of selling, giving, lending, |
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renting, distributing, communicating, transmitting, or otherwise making |
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available, online or offline, copies of the Work or providing access to its |
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essential functionalities at the disposal of any other natural or legal |
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person. |
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2. Scope of the rights granted by the Licence |
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The Licensor hereby grants You a 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, |
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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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In the countries where moral rights apply, the Licensor waives his right to |
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exercise his moral right to the extent allowed by law in order to make effective |
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the licence of the economic rights here above listed. |
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The Licensor grants to the Licensee royalty-free, non-exclusive usage rights to |
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any patents held by the Licensor, to the extent necessary to make use of the |
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rights granted on the Work under this Licence. |
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3. Communication of the Source Code |
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The Licensor may provide the Work either in its Source Code form, or as |
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Executable Code. If the Work is provided as Executable Code, the Licensor |
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provides in addition a machine-readable copy of the Source Code of the Work |
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along with each copy of the Work that the Licensor distributes or indicates, in |
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a notice following the copyright notice attached to the Work, a repository where |
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the Source Code is easily and freely accessible for as long as the Licensor |
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continues to distribute or communicate the Work. |
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4. Limitations on copyright |
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Nothing in this Licence is intended to deprive the Licensee of the benefits from |
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any exception or limitation to the exclusive rights of the rights owners in the |
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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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The grant of the rights mentioned above is subject to some restrictions and |
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obligations imposed on the Licensee. Those obligations are the following: |
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Attribution right: The Licensee shall keep intact all copyright, patent or |
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trademarks notices and all notices that refer to the Licence and to the |
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disclaimer of warranties. The Licensee must include a copy of such notices and a |
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copy of the Licence with every copy of the Work he/she distributes or |
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communicates. The Licensee must cause any Derivative Work to carry prominent |
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notices stating that the Work has been modified and the date of modification. |
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Copyleft clause: If the Licensee distributes or communicates copies of the |
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Original Works or Derivative Works, this Distribution or Communication will be |
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done under the terms of this Licence or of a later version of this Licence |
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unless the Original Work is expressly distributed only under this version of the |
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Licence — for example by communicating ‘EUPL v. 1.2 only’. The Licensee |
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(becoming Licensor) cannot offer or impose any additional terms or conditions on |
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the Work or Derivative Work that alter or restrict the terms of the Licence. |
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Compatibility clause: If the Licensee Distributes or Communicates Derivative |
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Works or copies thereof based upon both the Work and another work licensed under |
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a Compatible Licence, this Distribution or Communication can be done under the |
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terms of this Compatible Licence. For the sake of this clause, ‘Compatible |
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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 |
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his/her obligations under this Licence, the obligations of the Compatible |
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Licence shall prevail. |
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Provision of Source Code: When distributing or communicating copies of the Work, |
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the Licensee will provide a machine-readable copy of the Source Code or indicate |
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a repository where this Source will be easily and freely available for as long |
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as the Licensee continues to distribute or communicate the Work. |
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Legal Protection: This Licence does not grant permission to use the trade names, |
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trademarks, service marks, or names of the Licensor, except as required for |
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reasonable and customary use in describing the origin of the Work and |
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reproducing the content of the copyright notice. |
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6. Chain of Authorship |
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The original Licensor warrants that the copyright in the Original Work granted |
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hereunder is owned by him/her or licensed to him/her and that he/she has the |
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power and authority to grant the Licence. |
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Each Contributor warrants that the copyright in the modifications he/she brings |
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to the Work are owned by him/her or licensed to him/her and that he/she has the |
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power and authority to grant the Licence. |
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Each time You accept the Licence, the original Licensor and subsequent |
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Contributors grant You a licence to their contributions to the Work, under the |
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terms of this Licence. |
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7. Disclaimer of Warranty |
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The Work is a work in progress, which is continuously improved by numerous |
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Contributors. It is not a finished work and may therefore contain defects or |
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‘bugs’ inherent to this type of development. |
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For the above reason, the Work is provided under the Licence on an ‘as is’ basis |
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and without warranties of any kind concerning the Work, including without |
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limitation merchantability, fitness for a particular purpose, absence of defects |
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or errors, accuracy, non-infringement of intellectual property rights other than |
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copyright as stated in Article 6 of this Licence. |
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This disclaimer of warranty is an essential part of the Licence and a condition |
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for the grant of any rights to the Work. |
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8. Disclaimer of Liability |
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Except in the cases of wilful misconduct or damages directly caused to natural |
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persons, the Licensor will in no event be liable for any direct or indirect, |
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material or moral, damages of any kind, arising out of the Licence or of the use |
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of the Work, including without limitation, damages for loss of goodwill, work |
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stoppage, computer failure or malfunction, loss of data or any commercial |
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damage, even if the Licensor has been advised of the possibility of such damage. |
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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 |
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While distributing the Work, You may choose to conclude an additional agreement, |
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defining obligations or services consistent with this Licence. However, if |
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accepting obligations, You may act only on your own behalf and on your sole |
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responsibility, not on behalf of the original Licensor or any other Contributor, |
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and only if You agree to indemnify, defend, and hold each Contributor harmless |
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for any liability incurred by, or claims asserted against such Contributor by |
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the fact You have accepted any warranty or additional liability. |
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10. Acceptance of the Licence |
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The provisions of this Licence can be accepted by clicking on an icon ‘I agree’ |
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placed under the bottom of a window displaying the text of this Licence or by |
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affirming consent in any other similar way, in accordance with the rules of |
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applicable law. Clicking on that icon indicates your clear and irrevocable |
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acceptance of this Licence and all of its terms and conditions. |
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Similarly, you irrevocably accept this Licence and all of its terms and |
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conditions by exercising any rights granted to You by Article 2 of this Licence, |
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such as the use of the Work, the creation by You of a Derivative Work or the |
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Distribution 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 |
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communication by You (for example, by offering to download the Work from a |
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remote location) the distribution channel or media (for example, a website) must |
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at least provide to the public the information requested by the applicable law |
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regarding the Licensor, the Licence and the way it may be accessible, concluded, |
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stored and reproduced by the Licensee. |
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12. Termination of the Licence |
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The Licence and the rights granted hereunder will terminate automatically upon |
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any breach by the Licensee of the terms of the Licence. |
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Such a termination will not terminate the licences of any person who has |
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received the Work from the Licensee under the Licence, provided such persons |
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remain in full compliance with the Licence. |
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|
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13. Miscellaneous |
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Without prejudice of Article 9 above, the Licence represents the complete |
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agreement between the Parties as to the Work. |
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If any provision of the Licence is invalid or unenforceable under applicable |
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law, this will not affect the validity or enforceability of the Licence as a |
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whole. Such provision will be construed or reformed so as necessary to make it |
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valid and enforceable. |
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|
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The European Commission may publish other linguistic versions or new versions of |
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this Licence or updated versions of the Appendix, so far this is required and |
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reasonable, without reducing the scope of the rights granted by the Licence. New |
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versions of the Licence will be published with a unique version number. |
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|
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All linguistic versions of this Licence, approved by the European Commission, |
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have identical value. Parties can take advantage of the linguistic version of |
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their choice. |
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14. Jurisdiction |
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Without prejudice to specific agreement between parties, |
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- any litigation resulting from the interpretation of this License, arising |
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between the European Union institutions, bodies, offices or agencies, as a |
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Licensor, and any Licensee, will be subject to the jurisdiction of the Court |
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of Justice of the European Union, as laid down in article 272 of the Treaty on |
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the Functioning of the European Union, |
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|
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- any litigation arising between other parties and resulting from the |
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interpretation of this License, will be subject to the exclusive jurisdiction |
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of the competent court where the Licensor resides or conducts its primary |
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business. |
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15. Applicable Law |
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Without prejudice to specific agreement between parties, |
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- this Licence shall be governed by the law of the European Union Member State |
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where the Licensor has his seat, resides or has his registered office, |
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- this licence shall be governed by Belgian law if the Licensor has no seat, |
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residence or registered office inside a European Union Member State. |
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Appendix |
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‘Compatible Licences’ according to Article 5 EUPL are: |
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- GNU General Public License (GPL) v. 2, v. 3 |
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- GNU Affero General Public License (AGPL) v. 3 |
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- Open Software License (OSL) v. 2.1, v. 3.0 |
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- Eclipse Public License (EPL) v. 1.0 |
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- CeCILL v. 2.0, v. 2.1 |
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- Mozilla Public Licence (MPL) v. 2 |
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- GNU Lesser General Public Licence (LGPL) v. 2.1, v. 3 |
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- Creative Commons Attribution-ShareAlike v. 3.0 Unported (CC BY-SA 3.0) for |
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works other than software |
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- European Union Public Licence (EUPL) v. 1.1, v. 1.2 |
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- Québec Free and Open-Source Licence — Reciprocity (LiLiQ-R) or Strong |
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Reciprocity (LiLiQ-R+). |
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The European Commission may update this Appendix to later versions of the above |
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licences without producing a new version of the EUPL, as long as they provide |
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the rights granted in Article 2 of this Licence and protect the covered Source |
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Code from exclusive appropriation. |
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All other changes or additions to this Appendix require the production of a new |
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EUPL version. |
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