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1 EUROPEAN UNION PUBLIC LICENCE v. 1.2 2 EUPL © the European Union 2007, 2016 3 4This European Union Public Licence (the ‘EUPL’) applies to the Work (as 5defined below) which is provided under the terms of this Licence. Any use of 6the Work, other than as authorised under this Licence is prohibited (to the 7extent such use is covered by a right of the copyright holder of the Work). 8 9The Work is provided under the terms of this Licence when the Licensor (as 10defined below) has placed the following notice immediately following the 11copyright notice for the Work: 12 13 Licensed under the EUPL 14 15or has expressed by any other means his willingness to license under the EUPL. 16 171. Definitions 18 19In 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 29 Licence does not define the extent of modification or dependence on the 30 Original Work required in order to classify a work as a Derivative Work; 31 this extent is determined by copyright law applicable in the country 32 mentioned in Article 15. 33 34- ‘The Work’: the Original Work or its Derivative Works. 35 36- ‘The Source Code’: the human-readable form of the Work which is the most 37 convenient for people to study and modify. 38 39- ‘The Executable Code’: any code which has generally been compiled and which 40 is meant to be interpreted by a computer as a program. 41 42- ‘The Licensor’: the natural or legal person that distributes or communicates 43 the Work under the Licence. 44 45- ‘Contributor(s)’: any natural or legal person who modifies the Work under 46 the Licence, or otherwise contributes to the creation of a Derivative Work. 47 48- ‘The Licensee’ or ‘You’: any natural or legal person who makes any usage of 49 the Work under the terms of the Licence. 50 51- ‘Distribution’ or ‘Communication’: any act of selling, giving, lending, 52 renting, distributing, communicating, transmitting, or otherwise making 53 available, online or offline, copies of the Work or providing access to its 54 essential functionalities at the disposal of any other natural or legal 55 person. 56 572. Scope of the rights granted by the Licence 58 59The Licensor hereby grants You a worldwide, royalty-free, non-exclusive, 60sublicensable licence to do the following, for the duration of copyright 61vested in the Original Work: 62 63- use the Work in any circumstance and for all usage, 64- reproduce the Work, 65- modify the Work, and make Derivative Works based upon the Work, 66- communicate to the public, including the right to make available or display 67 the Work or copies thereof to the public and perform publicly, as the case 68 may be, the Work, 69- distribute the Work or copies thereof, 70- lend and rent the Work or copies thereof, 71- sublicense rights in the Work or copies thereof. 72 73Those rights can be exercised on any media, supports and formats, whether now 74known or later invented, as far as the applicable law permits so. 75 76In the countries where moral rights apply, the Licensor waives his right to 77exercise his moral right to the extent allowed by law in order to make 78effective the licence of the economic rights here above listed. 79 80The Licensor grants to the Licensee royalty-free, non-exclusive usage rights 81to any patents held by the Licensor, to the extent necessary to make use of 82the rights granted on the Work under this Licence. 83 843. Communication of the Source Code 85 86The Licensor may provide the Work either in its Source Code form, or as 87Executable Code. If the Work is provided as Executable Code, the Licensor 88provides in addition a machine-readable copy of the Source Code of the Work 89along with each copy of the Work that the Licensor distributes or indicates, 90in a notice following the copyright notice attached to the Work, a repository 91where the Source Code is easily and freely accessible for as long as the 92Licensor continues to distribute or communicate the Work. 93 944. Limitations on copyright 95 96Nothing in this Licence is intended to deprive the Licensee of the benefits 97from any exception or limitation to the exclusive rights of the rights owners 98in the Work, of the exhaustion of those rights or of other applicable 99limitations thereto. 100 1015. Obligations of the Licensee 102 103The grant of the rights mentioned above is subject to some restrictions and 104obligations imposed on the Licensee. Those obligations are the following: 105 106Attribution right: The Licensee shall keep intact all copyright, patent or 107trademarks notices and all notices that refer to the Licence and to the 108disclaimer of warranties. The Licensee must include a copy of such notices and 109a copy of the Licence with every copy of the Work he/she distributes or 110communicates. The Licensee must cause any Derivative Work to carry prominent 111notices stating that the Work has been modified and the date of modification. 112 113Copyleft clause: If the Licensee distributes or communicates copies of the 114Original Works or Derivative Works, this Distribution or Communication will be 115done under the terms of this Licence or of a later version of this Licence 116unless the Original Work is expressly distributed only under this version of 117the Licence — for example by communicating ‘EUPL v. 1.2 only’. The Licensee 118(becoming Licensor) cannot offer or impose any additional terms or conditions 119on the Work or Derivative Work that alter or restrict the terms of the 120Licence. 121 122Compatibility clause: If the Licensee Distributes or Communicates Derivative 123Works or copies thereof based upon both the Work and another work licensed 124under a Compatible Licence, this Distribution or Communication can be done 125under the terms of this Compatible Licence. For the sake of this clause, 126‘Compatible Licence’ refers to the licences listed in the appendix attached to 127this Licence. Should the Licensee's obligations under the Compatible Licence 128conflict with his/her obligations under this Licence, the obligations of the 129Compatible Licence shall prevail. 130 131Provision of Source Code: When distributing or communicating copies of the 132Work, the Licensee will provide a machine-readable copy of the Source Code or 133indicate a repository where this Source will be easily and freely available 134for as long as the Licensee continues to distribute or communicate the Work. 135 136Legal Protection: This Licence does not grant permission to use the trade 137names, trademarks, service marks, or names of the Licensor, except as required 138for reasonable and customary use in describing the origin of the Work and 139reproducing the content of the copyright notice. 140 1416. Chain of Authorship 142 143The original Licensor warrants that the copyright in the Original Work granted 144hereunder is owned by him/her or licensed to him/her and that he/she has the 145power and authority to grant the Licence. 146 147Each Contributor warrants that the copyright in the modifications he/she 148brings to the Work are owned by him/her or licensed to him/her and that he/she 149has the power and authority to grant the Licence. 150 151Each time You accept the Licence, the original Licensor and subsequent 152Contributors grant You a licence to their contributions to the Work, under the 153terms of this Licence. 154 1557. Disclaimer of Warranty 156 157The Work is a work in progress, which is continuously improved by numerous 158Contributors. It is not a finished work and may therefore contain defects or 159‘bugs’ inherent to this type of development. 160 161For the above reason, the Work is provided under the Licence on an ‘as is’ 162basis and without warranties of any kind concerning the Work, including 163without limitation merchantability, fitness for a particular purpose, absence 164of defects or errors, accuracy, non-infringement of intellectual property 165rights other than copyright as stated in Article 6 of this Licence. 166 167This disclaimer of warranty is an essential part of the Licence and a 168condition for the grant of any rights to the Work. 169 1708. Disclaimer of Liability 171 172Except in the cases of wilful misconduct or damages directly caused to natural 173persons, the Licensor will in no event be liable for any direct or indirect, 174material or moral, damages of any kind, arising out of the Licence or of the 175use of the Work, including without limitation, damages for loss of goodwill, 176work stoppage, computer failure or malfunction, loss of data or any commercial 177damage, even if the Licensor has been advised of the possibility of such 178damage. However, the Licensor will be liable under statutory product liability 179laws as far such laws apply to the Work. 180 1819. Additional agreements 182 183While distributing the Work, You may choose to conclude an additional 184agreement, defining obligations or services consistent with this Licence. 185However, if accepting obligations, You may act only on your own behalf and on 186your sole responsibility, not on behalf of the original Licensor or any other 187Contributor, and only if You agree to indemnify, defend, and hold each 188Contributor harmless for any liability incurred by, or claims asserted against 189such Contributor by the fact You have accepted any warranty or additional 190liability. 191 19210. Acceptance of the Licence 193 194The provisions of this Licence can be accepted by clicking on an icon ‘I 195agree’ placed under the bottom of a window displaying the text of this Licence 196or by affirming consent in any other similar way, in accordance with the rules 197of applicable law. Clicking on that icon indicates your clear and irrevocable 198acceptance of this Licence and all of its terms and conditions. 199 200Similarly, you irrevocably accept this Licence and all of its terms and 201conditions by exercising any rights granted to You by Article 2 of this 202Licence, such as the use of the Work, the creation by You of a Derivative Work 203or the Distribution or Communication by You of the Work or copies thereof. 204 20511. Information to the public 206 207In case of any Distribution or Communication of the Work by means of 208electronic communication by You (for example, by offering to download the Work 209from a remote location) the distribution channel or media (for example, a 210website) must at least provide to the public the information requested by the 211applicable law regarding the Licensor, the Licence and the way it may be 212accessible, concluded, stored and reproduced by the Licensee. 213 21412. Termination of the Licence 215 216The Licence and the rights granted hereunder will terminate automatically upon 217any breach by the Licensee of the terms of the Licence. 218 219Such a termination will not terminate the licences of any person who has 220received the Work from the Licensee under the Licence, provided such persons 221remain in full compliance with the Licence. 222 22313. Miscellaneous 224 225Without prejudice of Article 9 above, the Licence represents the complete 226agreement between the Parties as to the Work. 227 228If any provision of the Licence is invalid or unenforceable under applicable 229law, this will not affect the validity or enforceability of the Licence as a 230whole. Such provision will be construed or reformed so as necessary to make it 231valid and enforceable. 232 233The European Commission may publish other linguistic versions or new versions 234of this Licence or updated versions of the Appendix, so far this is required 235and reasonable, without reducing the scope of the rights granted by the 236Licence. New versions of the Licence will be published with a unique version 237number. 238 239All linguistic versions of this Licence, approved by the European Commission, 240have identical value. Parties can take advantage of the linguistic version of 241their choice. 242 24314. Jurisdiction 244 245Without prejudice to specific agreement between parties, 246 247- any litigation resulting from the interpretation of this License, arising 248 between the European Union institutions, bodies, offices or agencies, as a 249 Licensor, and any Licensee, will be subject to the jurisdiction of the Court 250 of Justice of the European Union, as laid down in article 272 of the Treaty 251 on the Functioning of the European Union, 252 253- any litigation arising between other parties and resulting from the 254 interpretation of this License, will be subject to the exclusive 255 jurisdiction of the competent court where the Licensor resides or conducts 256 its primary business. 257 25815. Applicable Law 259 260Without prejudice to specific agreement between parties, 261 262- this Licence shall be governed by the law of the European Union Member State 263 where the Licensor has his seat, resides or has his registered office, 264 265- this licence shall be governed by Belgian law if the Licensor has no seat, 266 residence or registered office inside a European Union Member State. 267 268Appendix 269 270‘Compatible Licences’ according to Article 5 EUPL are: 271 272- GNU General Public License (GPL) v. 2, v. 3 273- GNU Affero General Public License (AGPL) v. 3 274- Open Software License (OSL) v. 2.1, v. 3.0 275- Eclipse Public License (EPL) v. 1.0 276- CeCILL v. 2.0, v. 2.1 277- Mozilla Public Licence (MPL) v. 2 278- GNU Lesser General Public Licence (LGPL) v. 2.1, v. 3 279- Creative Commons Attribution-ShareAlike v. 3.0 Unported (CC BY-SA 3.0) for 280 works other than software 281- European Union Public Licence (EUPL) v. 1.1, v. 1.2 282- Québec Free and Open-Source Licence — Reciprocity (LiLiQ-R) or Strong 283 Reciprocity (LiLiQ-R+). 284 285The European Commission may update this Appendix to later versions of the 286above licences without producing a new version of the EUPL, as long as they 287provide the rights granted in Article 2 of this Licence and protect the 288covered Source Code from exclusive appropriation. 289 290All other changes or additions to this Appendix require the production of a 291new EUPL version.