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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 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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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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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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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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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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- 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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Bram van den Heuvel