Policy Department C: Citizens' Rights and Constitutional Affairs
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3. Communication of the Source Code
The Licensor may provide the Work either in its Source Code form, or as Executable Code.
If the Work is provided as Executable Code only, 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.
4. Limitations on copyright
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, of
the exhaustion of those rights or of other applicable limitations thereto.
5. Obligations of the Licensee
The grant of the rights mentioned above is subject to some restrictions and obligations
imposed on the Licensee. Those obligations are the following:
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.
Copyleft clause: If the Licensee distributes or communicates copies of the Original Works
or Derivative Works, this Distribution 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.
Compatibility clause: If the Licensee Distributes or Communicates Derivative Works or
copies thereof based upon both the Original Work and another work licensed under a
Compatible Licence, this Distribution 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.
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.
6. Chain of Authorship
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.
Workshop: Legal aspects of free and open source software
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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.
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.
7. Disclaimer of Warranty
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 development.
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.
This disclaimer of warranty is an essential part of the Licence and a condition for the grant
of any rights to the Work.
8. Disclaimer of Liability
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.
9. Additional agreements
While distributing the Original Work or Derivative Works, You may choose to conclude an
additional agreement, defining obligations and/or services consistent with this Licence.
However, if accepting 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
warranty or additional liability.
10. Acceptance of the Licence
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.
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 or Communication by
You of the Work or copies thereof.
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