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LICENCE PUBLIQUE DE L'UNION EUROPÉENNE v. 1.2

EUPL © European Union 2007, 2016

The European Union Public Licence (EUPL) applies to any Work (as defined below) made available under the terms of this licence. Any use of the Work not permitted by this licence is prohibited (to the extent that such use is covered by the copyright holder's rights in the Work).

The Work is made available under the terms of this licence when the Licensor (as defined below) has included the following notice immediately after the copyright statement on the Work:

Licensed under the EUPL

or has otherwise expressed its intention to make the Work available under the EUPL.

1. Definitions

In this licence:

"Licence" : means this licence;

"Original Work" : means the work or software distributed or communicated by the Licensor under this licence, in source code or object code form, as appropriate;

"Derivative Works" : means works or software that may be created by the Licensee based on the Original Work or modifications made to it. This licence does not define the degree of modification or dependency required for a work to qualify as a Derivative Work; this is governed by applicable copyright law in the country referred to in Article 15;

"Work" : means the Original Work or its Derivative Works;

"Source Code" : means the human-readable form of the Work most suitable for people to examine and modify;

"Object Code" : means the encoded version of the Work, typically after compilation, intended to be executed as a program by a computer;

"Licensor" : means the natural or legal person distributing or communicating the Work under this licence;

"Contributor" : means any natural or legal person who modifies the licensed Work or contributes in any way to making it a Derivative Work;

"Licensee" or "You" : means any natural or legal person using the Work in accordance with the licence;

"Distribution" or "Communication" : means any act of sale, gift, loan, rental, distribution, transmission, broadcasting or making available, online or offline, of copies of the Work, and any act providing access to its essential functions to any other natural or legal person.

2. Scope of Rights Granted by the Licence

The Licensor hereby grants you, for the duration of their copyright protection on the Original Work, a worldwide, royalty-free, non-exclusive and sub-licensable licence under which you may:

use the Work in all circumstances and for any purpose;

reproduce the Work;

modify the Work and create Derivative Works based on the Work;

communicate the Work to the public, including the right to make the Work or copies of it available to or presented to the public and to perform public displays, where applicable;

distribute the Work or copies of it;

lend and rent the Work or copies of it;

grant sub-licences for rights over the Work or copies of it.

These rights may be exercised on any medium and format, known or yet to be invented, to the extent permitted by applicable law.

In countries where moral rights apply, the Licensor waives their right to exercise those moral rights to the extent allowed by law so that the above-mentioned economic rights can take effect.

The Licensor grants you a royalty-free, non-exclusive usage right on any patent they hold, to the extent necessary to exercise the rights granted to you under this licence.

3. Source Code Availability

The Licensor provides the Work either in Source Code or Object Code form. If the Work is provided in Object Code form, the Licensor accompanies each copy of the Work it distributes with a machine-readable copy of the Source Code of the Work, or includes in an accompanying notice following the copyright statement on the Work an indication of where the Source Code will be easily and freely accessible as long as the Licensor continues to distribute or communicate the Work.

4. Copyright Limitations

Nothing in this licence is intended to deprive the Licensee of the benefits arising from any exception or limitation to the exclusive rights of rights holders on the Work, the exhaustion of these rights, or any other applicable limitation.

5. Licensee Obligations

The granting of the aforementioned rights is subject to restrictions and obligations for the Licensee. These obligations are as follows:

Attribution Right : The Licensee keeps intact all statements concerning copyright, patents or trademarks and all statements regarding the licence and warranty disclaimer. The Licensee ensures that each copy of the Work it distributes or communicates is accompanied by copies of these notices and of the licence. The Licensee also ensures that any Derivative Work includes a clearly visible notice indicating that the Work has been modified and stating the date of modification.

Copyleft Clause : If the Licensee distributes or communicates copies of Original or Derivative Works, such distribution or communication must occur under the conditions set forth in this licence or a later version of it, unless the Original Work is explicitly distributed only under this version of the licence, e.g., using the statement “EUPL v. 1.2 only”. The Licensee (now acting as a Licensor) cannot impose additional conditions that restrict or alter the terms of the licence with regard to the Work or Derivative Works.

Compatibility Clause : If the Licensee distributes or communicates Derivative Works or copies thereof based both on the Work and on another work licensed under a compatible licence, the distribution or communication may be done under the terms of that compatible licence. For the purposes of this clause, a “compatible licence” is one of the licences listed in the Appendix to this licence. Where the Licensee’s obligations under the compatible licence conflict with those under this licence, the former prevail.

Source Code Provision : When distributing or communicating copies of the Work, the Licensee provides a machine-readable copy of the Source Code or indicates where the Source Code will remain easily and freely accessible for as long as the Licensor continues to distribute or communicate the Work.

Rights Protection : This licence does not authorise the use of trade names, trademarks, service marks or names of the Licensor except to the extent necessary, according to reasonable use and usual practice, to describe the origin of the Work and reproduce the copyright statement.

6. Author Chain

The initial Licensor warrants that the copyright in the Original Work granted under this licence belongs to them or has been licensed to them, and that they have the power and capacity to grant the licence.

Each Contributor warrants that the copyright in the modifications they make to the Work belongs to them or has been licensed to them, and that they have the power and capacity to grant the licence.

Each time you accept the licence, the initial Licensor and subsequent Contributors grant you a licence under the terms of this licence for their contributions to the Work.

7. Warranty Exclusion

The Work is a work in progress, continuously improved by numerous contributors. It constitutes unfinished work and may therefore contain defects or bugs inherent to such development.

For this reason, the Work is provided "as is", without any warranty whatsoever, including but not limited to merchantability, fitness for a particular purpose, absence of defects or errors, accuracy, or non-infringement of intellectual property rights other than copyright as provided in Article 6 of this licence.

This warranty exclusion is a key part of the licence and a condition for the granting of rights in the Work.

8. Liability Exclusion

Except in cases of intentional misconduct or direct damage caused to individuals, the Licensor shall in no event be liable for any damages of any kind, whether direct or indirect, material or immaterial, resulting from the licence or the use of the Work, including but not limited to damage caused by reputational harm, work interruptions, malfunction or failure of computer hardware, data loss or any other economic damage, even if the Licensor has been informed of the possibility of such damages. However, the Licensor remains liable under legislative and regulatory product liability provisions to the extent they apply to the Work.

9. Additional Agreements

When distributing the Work, you may choose to enter into an additional agreement defining further obligations or services compatible with this licence. However, if you accept such obligations, you may only do so in your own name and at your sole responsibility, not on behalf of the initial Licensor or any other Contributor, and only if you agree to indemnify, defend and hold harmless all Contributors should they incur any liability or claims against them due to any guarantees or responsibilities you have accepted.

10. Acceptance of the Licence

You may express your agreement to this licence by clicking on the "I Accept" button located at the bottom of a window displaying the text of this licence, or by any equivalent expression of consent in accordance with applicable law. Clicking this button indicates your clear and irrevocable acceptance of this licence and all its conditions.

Likewise, you irrevocably accept this licence and all its conditions once you exercise any of the rights granted to you under Article 2 of this licence, such as using the Work, creating a Derivative Work, or distributing or communicating the Work or copies of it.

11. Public Information

Where the Work is distributed or communicated electronically (e.g., by remote download), the distribution channel or medium must provide at a minimum the information required by applicable law regarding the Licensor, the licence, and how the Licensee may access, conclude, store and reproduce it.

12. Termination of the Licence

The licence and the rights it grants terminate automatically as soon as the Licensee breaches any of its conditions.

Such an event does not terminate the licences of persons who received the Work from the Licensee, provided they fully comply with the licence.

13. Miscellaneous

Subject to Article 9, this licence represents the entire agreement between the parties regarding the Work.

If any provision of this licence is found invalid or unenforceable under applicable law, this shall not affect the validity or enforceability of the licence as a whole. Such a provision shall be interpreted or amended to the extent necessary to make it valid or enforceable.

The European Commission may publish additional language versions or new versions of this licence or updated versions of its Appendix where necessary 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.

All language versions of this licence approved by the European Commission are equally valid. The parties may rely on the language version of their choice.

14. Governing Jurisdiction

Without prejudice to specific agreements between the parties:

any dispute arising from the interpretation of this licence between institutions, bodies, offices or agencies of the European Union as licensors and a licensee falls under the jurisdiction of the Court of Justice of the European Union, in accordance with Article 272 of the Treaty on the Functioning of the European Union;

any dispute between other parties arising from the interpretation of this licence falls under the exclusive jurisdiction of the courts competent for the place where the Licensor resides or carries out its principal activity.

15. Applicable Law

Without prejudice to specific agreements between the parties:

this licence is governed by the law of the Member State of the European Union where the Licensor resides or has its registered office;

this licence is governed by Belgian law if the Licensor does not reside and does not have its registered office in a Member State of the European Union.

Appendix

For the purposes of Article 5 of the EUPL, the following licences are considered compatible:

GNU General Public License (GPL) v. 2, v. 3

GNU Affero General Public License (AGPL) v. 3

Open Software License (OSL) v. 2.1, v. 3.0

Eclipse Public License (EPL) v. 1.0

CeCILL v. 2.0, v. 2.1

Mozilla Public License (MPL) v. 2

GNU Lesser General Public License (LGPL) v. 2.1, v. 3

Creative Commons Attribution-ShareAlike v. 3.0 Unported (CC BY-SA 3.0) for non-software works

European Union Public Licence (EUPL) v. 1.1, v. 1.2

Québec Free Licence — Reciprocity (LiLiQ-R) or Strong Reciprocity (LiLiQ-R+)

The European Commission may update this appendix to include newer versions of the above licences without issuing a new version of the EUPL, provided these versions grant the rights referred to in Article 2 of this licence and prevent exclusive appropriation of the covered source code.

Any other change or addition to this appendix requires the publication of a new version of the EUPL.