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287 lines
13 KiB
287 lines
13 KiB
European Union Public Licence V. 1.1 EUPL (c) the European Community 2007
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This European Union Public Licence (the "EUPL") applies to the Work or Software
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(as defined below) which is provided under the terms of this Licence. Any
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use of the Work, other than as authorised under this Licence is prohibited
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(to the extent such use is covered by a right of the copyright holder of the
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Work).
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The Original Work is provided under the terms of this Licence when the Licensor
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(as defined below) has placed the following notice immediately following the
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copyright notice for the Original Work:
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Licensed under the EUPL V.1.1
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or has expressed by any other mean 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 or the Software: the software distributed and/or communicated
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by the 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 Licensee,
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based upon the Original Work or modifications thereof. This Licence does not
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define the extent of modification or dependence on the Original Work required
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in order to classify a work as a Derivative Work; this extent is determined
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by copyright law applicable in the country mentioned in Article 15.
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- The Work: the Original Work and/or its Derivative Works.
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- The Source Code: the human-readable form of the Work which is the most convenient
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for people to study and modify.
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- The Executable Code: any code which has generally been compiled and which
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is meant to be interpreted by a computer as a program.
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- The Licensor: the natural or legal person that distributes and/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
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the 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 Software under the terms of the Licence.
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- Distribution and/or Communication: any act of selling, giving, lending,
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renting, distributing, communicating, transmitting, or otherwise making available,
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on-line or off-line, copies of the Work or providing access to its essential
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functionalities at the disposal of any other natural or legal person.
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2. Scope of the rights granted by the Licence
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The Licensor hereby grants You a world-wide, 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 Original 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
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may 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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- sub-license rights in the Work or copies thereof.
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Those rights can be exercised on any media, supports and formats, whether
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now 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
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to any patents held by the Licensor, to the extent necessary to make use of
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the 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 Executable
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Code. If the Work is provided as Executable Code, the Licensor provides in
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addition a machine-readable copy of the Source Code of the Work along with
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each copy of the Work that the Licensor distributes or indicates, in a notice
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following the copyright notice attached to the Work, a repository where the
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Source Code is easily and freely accessible for as long as the Licensor continues
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to distribute and/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
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from any exception or limitation to the exclusive rights of the rights owners
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in the Original Work or Software, of the exhaustion of those rights or of
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other applicable limitations 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 disclaimer
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of warranties. The Licensee must include a copy of such notices and a copy
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of the Licence with every copy of the Work he/she distributes and/or communicates.
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The Licensee must cause any Derivative Work to carry prominent notices stating
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that the Work has been modified and the date of modification.
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Copyleft clause: If the Licensee distributes and/or communicates copies of
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the Original Works or Derivative Works based upon the Original Work, this
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Distribution and/or Communication will be done under the terms of this Licence
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or of a later version of this Licence unless the Original Work is expressly
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distributed only under this version of the Licence. The Licensee (becoming
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Licensor) cannot offer or impose any additional terms or conditions on the
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Work or Derivative Work that alter or restrict the terms of the Licence.
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Compatibility clause: If the Licensee Distributes and/or Communicates Derivative
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Works or copies thereof based upon both the Original Work and another work
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licensed under a Compatible Licence, this Distribution and/or Communication
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can be done under the terms of this Compatible Licence. For the sake of this
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clause, "Compatible Licence," refers to the licences listed in the appendix
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attached to this Licence. Should the Licensee's obligations under the Compatible
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Licence conflict with his/her obligations under this Licence, the obligations
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of the Compatible Licence shall prevail.
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Provision of Source Code: When distributing and/or communicating copies of
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the Work, the Licensee will provide a machine-readable copy of the Source
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Code or indicate a repository where this Source will be easily and freely
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available for as long as the Licensee continues to distribute and/or communicate
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the Work.
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Legal Protection: This Licence does not grant permission to use the trade
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names, trademarks, service marks, or names of the Licensor, except as required
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for 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
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the power and authority to grant the Licence.
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Each time You accept the Licence, the original Licensor and subsequent Contributors
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grant You a licence to their contributions to the Work, under the terms of
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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
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or "bugs" inherent to this type of software development.
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For the above reason, the Work is provided under the Licence on an "as is"
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basis 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
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than 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
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use of the Work, including without limitation, damages for loss of goodwill,
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work 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
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as far such laws apply to the Work.
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9. Additional agreements
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While distributing the Original Work or Derivative Works, You may choose to
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conclude an additional agreement to offer, and charge a fee for, acceptance
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of support, warranty, indemnity, or other liability obligations and/or services
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consistent with this Licence. However, in accepting such obligations, You
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may act only on your own behalf and on your sole responsibility, not on behalf
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of the original Licensor or any other Contributor, and only if You agree to
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indemnify, defend, and hold each Contributor harmless for any liability incurred
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by, or claims asserted against such Contributor by the fact You have accepted
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any such 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
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by affirming consent in any other similar way, in accordance with the rules
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of 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 conditions
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by exercising any rights granted to You by Article 2 of this Licence, such
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as the use of the Work, the creation by You of a Derivative Work or the Distribution
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and/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 and/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)
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must at least provide to the public the information requested by the applicable
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law regarding the Licensor, the Licence and the way it may be accessible,
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concluded, 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
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upon any breach by the Licensee of the terms of the Licence. Such a termination
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will not terminate the licences of any person who has received the Work from
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the Licensee under the Licence, provided such persons remain in full compliance
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with the Licence.
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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 licensed hereunder.
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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
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a whole. Such provision will be construed and/or reformed so as necessary
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to make it valid and enforceable.
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The European Commission may publish other linguistic versions and/or new versions
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of this Licence, so far this is required and reasonable, without reducing
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the scope of the rights granted by the Licence. New versions of the Licence
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will be published with a unique version number.
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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
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of their choice.
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14. Jurisdiction
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Any litigation resulting from the interpretation of this License, arising
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between the European Commission, as a Licensor, and any Licensee, will be
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subject to the jurisdiction of the Court of Justice of the European Communities,
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as laid down in article 238 of the Treaty establishing the European Community.
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Any litigation arising between Parties, other than the European Commission,
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and resulting from the interpretation of this License, will be subject to
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the exclusive jurisdiction of the competent court where the Licensor resides
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or conducts its primary business.
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15. Applicable Law
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This Licence shall be governed by the law of the European Union country where
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the Licensor resides or has his registered office.
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This licence shall be governed by the Belgian law if:
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- a litigation arises between the European Commission, as a Licensor, and
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any Licensee;
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- the Licensor, other than the European Commission, has no residence or registered
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office inside a European Union country.
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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 (GNU GPL) v. 2
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- Open Software License (OSL) v. 2.1, v. 3.0
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- Common Public License v. 1.0
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- Eclipse Public License v. 1.0
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- Cecill v. 2.0
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