Add EUPL v1.2 as license (Fixes go-gitea/gitea#3439) (#3475)
Signed-off-by: Jonas Franz <info@jonasfranz.de>release/v1.15
Jonas Franz
Lauris BH
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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 below) which is provided under the
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terms of this Licence. Any use of the Work, 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 defined below) has placed the following
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notice immediately following the 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 Licensor under this Licence, available
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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
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modifications thereof. This Licence 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 determined by copyright law applicable in
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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 convenient for people to study and
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modify.
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— ‘The Executable Code’:any code which has generally been compiled and which is meant to be interpreted by
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a computer as a program.
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— ‘The Licensor’:the natural or legal person that distributes 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
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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 Work under the terms of the
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Licence.
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— ‘Distribution’ or ‘Communication’:any act of selling, giving, lending, renting, distributing, communicating,
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transmitting, or otherwise making available, online or offline, 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 worldwide, royalty-free, non-exclusive, sublicensable licence to do the following, for
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the duration of copyright vested 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 the Work or copies thereof to the public
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and perform publicly, as the case 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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— 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 known or later invented, as far as the
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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
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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
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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
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Executable Code, the Licensor provides in 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 following the copyright notice attached to
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the Work, a repository where the Source Code is easily and freely accessible for as long as the Licensor continues to
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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 any exception or limitation to the
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exclusive rights of the rights owners in the 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 obligations imposed on the Licensee. Those
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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
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the Licence and to the disclaimer of warranties. The Licensee must include a copy of such notices and a copy of the
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Licence with every copy of the Work he/she distributes or communicates. The Licensee must cause any Derivative Work
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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 or communicates copies of the Original Works or Derivative Works, this
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Distribution or Communication will be done under the terms of this Licence or of a later version of this Licence unless
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the Original Work is expressly distributed only under this version of the Licence — for example by communicating
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‘EUPL v. 1.2 only’. The Licensee (becoming 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 or Communicates Derivative Works or copies thereof based upon both
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the Work and another work licensed under a Compatible Licence, this Distribution or Communication can be done
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under the terms of this Compatible Licence. For the sake of this clause, ‘Compatible Licence’ refers to the licences listed
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in the appendix attached to this Licence. 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 Licence shall prevail.
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Provision of Source Code: When distributing or communicating copies of the Work, the Licensee will provide
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a machine-readable copy of the Source Code or indicate a repository where this Source will be easily and freely available
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for as long 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, trademarks, service marks, or names
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of the Licensor, except as required 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 hereunder is owned by him/her or
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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
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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
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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
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and may therefore contain defects or ‘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 and without warranties of any kind
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concerning the Work, including without limitation merchantability, fitness for a particular purpose, absence of defects or
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errors, accuracy, non-infringement of intellectual property rights other than copyright as stated in Article 6 of this
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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
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liable for any direct or indirect, material or moral, damages of any kind, arising out of the Licence or of the use of the
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Work, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss
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of data or any commercial damage, even if the Licensor has been advised of the possibility of such damage. However,
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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 Work, You may choose to conclude an additional agreement, defining obligations or services
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consistent with this Licence. However, if 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, and only if You agree to indemnify,
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defend, and hold each Contributor harmless 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’ placed under the bottom of a window
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displaying the text of this Licence or by 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 acceptance of this Licence and all of its terms
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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
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by Article 2 of this Licence, such as the use of the Work, the creation by You of a Derivative Work or the Distribution
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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 communication by You (for example,
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by offering to download the Work from a 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 law regarding the Licensor, the Licence
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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
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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
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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
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Work.
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If any provision of the Licence is invalid or unenforceable under applicable law, this will not affect the validity or
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enforceability of the Licence as a whole. Such provision will be construed or reformed so as necessary to make it valid
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and enforceable.
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The European Commission may publish other linguistic versions or new versions of this Licence or updated versions of
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the Appendix, so far this is required and reasonable, without reducing the scope of the rights granted by the Licence.
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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
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advantage of the linguistic version of 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 between the European Union institutions,
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bodies, offices or agencies, as a Licensor, and any Licensee, will be subject to the jurisdiction of the Court of Justice
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of the European Union, as laid down in article 272 of the Treaty on the Functioning of the European Union,
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— any litigation arising between other parties 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 or conducts its primary 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 where the Licensor has his seat,
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resides or has his registered office,
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— this licence shall be governed by Belgian law if the Licensor has no seat, residence or registered office inside
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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 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 Reciprocity (LiLiQ-R+).
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The European Commission may update this Appendix to later versions of the above licences without producing
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a new version of the EUPL, as long as they provide the rights granted in Article 2 of this Licence and protect the
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covered Source Code from exclusive appropriation.
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All other changes or additions to this Appendix require the production of a new EUPL version.
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