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Copyright (c) 2017 Andris Reinman | ||
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European Union Public Licence | ||
V. 1.1 | ||
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EUPL (c) the European Community 2007 | ||
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This European Union Public Licence (the "EUPL") applies to the Work or Software | ||
(as defined below) which is provided under the terms of this Licence. Any use | ||
of the Work, other than as authorised under this Licence is prohibited (to the | ||
extent such use is covered by a right of the copyright holder of the Work). | ||
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The Original Work is provided under the terms of this Licence when the Licensor | ||
(as defined below) has placed the following notice immediately following the | ||
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 by the Licensor under this Licence, available as Source Code | ||
and also as Executable Code as the case may be. | ||
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* Derivative Works: the works or software that could be created by the | ||
Licensee, based upon the Original Work or modifications thereof. This | ||
Licence does not define the extent of modification or dependence on the | ||
Original Work required in order to classify a work as a Derivative Work; | ||
this extent is determined 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 for people to study and modify. | ||
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* The Executable Code: any code which has generally been compiled and which 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 the Work under the Licence. | ||
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* Contributor(s): any natural or legal person who modifies the Work under 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 | ||
the Software under the terms of the Licence. | ||
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* Distribution and/or Communication: any act of selling, giving, lending, | ||
renting, distributing, communicating, transmitting, or otherwise making | ||
available, on-line or off-line, copies of the Work or providing access to | ||
its essential 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, | ||
sublicensable licence to do the following, for the duration of copyright vested | ||
in the Original Work: | ||
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* use the Work in any circumstance and for all usage, | ||
* reproduce the Work, | ||
* modify the Original Work, and make Derivative Works based upon the Work, | ||
* communicate to the public, including the right to make available or display | ||
the Work or copies thereof to the public and perform publicly, as the case | ||
may be, the Work, | ||
* distribute the Work or copies thereof, | ||
* lend and rent the Work or copies thereof, | ||
* 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 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 | ||
exercise his moral right to the extent allowed by law in order to make | ||
effective 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 | ||
any patents held by the Licensor, to the extent necessary to make use of 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 Code. If the Work is provided as Executable Code, the Licensor | ||
provides in addition a machine-readable copy of the Source Code of the Work | ||
along with each copy of the Work that the Licensor distributes or indicates, in | ||
a notice following the copyright notice attached to the Work, a repository | ||
where the Source Code is easily and freely accessible for as long as the | ||
Licensor continues 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 | ||
from any exception or limitation to the exclusive rights of the rights owners | ||
in the Original Work or Software, of the exhaustion of those rights or of 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 | ||
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 | ||
trademarks notices and all notices that refer to the Licence and to the | ||
disclaimer of warranties. The Licensee must include a copy of such notices | ||
and a copy of the Licence with every copy of the Work he/she distributes | ||
and/or communicates. The Licensee must cause any Derivative Work to carry | ||
prominent notices stating 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 | ||
the Original Works or Derivative Works based upon the Original Work, this | ||
Distribution and/or Communication will be done under the terms of this | ||
Licence or of a later version of this Licence unless the Original Work is | ||
expressly distributed only under this version of the Licence. The Licensee | ||
(becoming Licensor) cannot offer or impose any additional terms or | ||
conditions on the 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 Works or copies thereof based upon both the Original Work and | ||
another work licensed under a Compatible Licence, this Distribution and/or | ||
Communication can be done under the terms of this Compatible Licence. For | ||
the sake of this clause, "Compatible Licence" refers to the licences listed | ||
in the appendix attached to this Licence. Should the Licensee's obligations | ||
under the Compatible Licence conflict with his/her obligations under this | ||
Licence, the obligations of the Compatible Licence shall prevail. | ||
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- Provision of Source Code: When distributing and/or communicating copies of | ||
the Work, the Licensee will provide a machine-readable copy of the Source | ||
Code or indicate a repository where this Source will be easily and freely | ||
available for as long as the Licensee continues to distribute and/or | ||
communicate the Work. Legal Protection: This Licence does not grant | ||
permission to use the trade names, trademarks, service marks, or names of | ||
the Licensor, except as required for reasonable and customary use in | ||
describing the origin of the Work and 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 | ||
hereunder is owned by him/her or licensed to him/her and that he/she has the | ||
power and authority to grant the Licence. | ||
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Each Contributor warrants that the copyright in the modifications he/she brings | ||
to the Work are owned by him/her or licensed to him/her and that he/she has the | ||
power and authority to grant the Licence. | ||
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Each time You accept the Licence, the original Licensor and subsequent | ||
Contributors grant You a licence to their contributions to the Work, under the | ||
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 | ||
contributors. It is not a finished work and may therefore contain defects 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" | ||
basis and without warranties of any kind concerning the Work, including without | ||
limitation merchantability, fitness for a particular purpose, absence of | ||
defects or errors, accuracy, non-infringement of intellectual property rights | ||
other 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 | ||
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 | ||
persons, the Licensor will in no event be liable for any direct or indirect, | ||
material or moral, damages of any kind, arising out of the Licence or of the | ||
use of the Work, including without limitation, damages for loss of goodwill, | ||
work stoppage, computer failure or malfunction, loss of data or any commercial | ||
damage, even if the Licensor has been advised of the possibility of such | ||
damage. However, the Licensor will be liable under statutory product liability | ||
laws 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 | ||
conclude an additional agreement to offer, and charge a fee for, acceptance of | ||
support, warranty, indemnity, or other liability obligations and/or services | ||
consistent with this Licence. However, in accepting such obligations, You may | ||
act only on your own behalf and on your sole responsibility, not on behalf of | ||
the original Licensor or any other Contributor, and only if You agree to | ||
indemnify, defend, and hold each Contributor harmless for any liability | ||
incurred by, or claims asserted against such Contributor by the fact You have | ||
accepted 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" | ||
placed under the bottom of a window displaying the text of this Licence or by | ||
affirming consent in any other similar way, in accordance with the rules of | ||
applicable law. Clicking on that icon indicates your clear and irrevocable | ||
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 by exercising any rights granted to You by Article 2 of this | ||
Licence, such as the use of the Work, the creation by You of a Derivative Work | ||
or the Distribution 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 communication by You (for example, by offering to download the Work | ||
from a remote location) the distribution channel or media (for example, a | ||
website) must at least provide to the public the information requested by the | ||
applicable law regarding the Licensor, the Licence and the way it may be | ||
accessible, 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 upon | ||
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 | ||
received the Work from the Licensee under the Licence, provided such persons | ||
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 | ||
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 | ||
law, this will not affect the validity or enforceability of the Licence as a | ||
whole. Such provision will be construed and/or reformed so as necessary to make | ||
it valid and enforceable. | ||
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The European Commission may publish other linguistic versions and/or new | ||
versions of this Licence, so far this is required and reasonable, without | ||
reducing the scope of the rights granted by the Licence. New 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, | ||
have identical value. Parties can take advantage of the linguistic version of | ||
their choice. | ||
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14. Jurisdiction | ||
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Any litigation resulting from the interpretation of this License, arising | ||
between the European Commission, as a Licensor, and any Licensee, will be | ||
subject to the jurisdiction of the Court of Justice of the European | ||
Communities, 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, and | ||
resulting from the interpretation of this License, will be subject to the | ||
exclusive jurisdiction of the competent court where the Licensor resides 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 | ||
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 any | ||
Licensee; | ||
* the Licensor, other than the European Commission, has no residence or | ||
registered 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 | ||
* Open Software License (OSL) v. 2.1, v. 3.0 | ||
* Common Public License v. 1.0 | ||
* Eclipse Public License v. 1.0 | ||
* Cecill v. 2.0 |
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