License Texts: eupl-1.1.txt@dbd68350f10c (annotated)

eupl-1.1.txt@dbd68350f10c (annotated)

eupl-1.1.txt

Wed, 21 Sep 2011 15:29:36 +0200

author: Michael Schloh von Bennewitz <michael@schloh.com>
date: Wed, 21 Sep 2011 15:29:36 +0200
changeset 1: dbd68350f10c
child 2: b30141fe7f31
permissions: -rw-r--r--

Import EUPL license text for use in software projects.

 		   European Union Public Licence
 		            V. 1.1
 		EUPL © the European Community 2007
 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).
 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:
 Licensed under the EUPL V.1.1
 or has expressed by any other mean his willingness to license under the EUPL.
 . Definitions
 In this Licence, the following terms have the following meaning:
 - The Licence: this Licence.
 - 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.
 - 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.
 - The Work: the Original Work and/or its Derivative Works.
 - The Source Code: the human-readable form of the Work which is the most
 convenient for people to study and modify.
 - The Executable Code: any code which has generally been compiled and which is
 meant to be interpreted by a computer as a program.
 - The Licensor: the natural or legal person that distributes and/or communicates the
 Work under the Licence.
 - Contributor(s): any natural or legal person who modifies the Work under the
 Licence, or otherwise contributes to the creation of a Derivative Work.
 - The Licensee or “You”: any natural or legal person who makes any usage of the
 Software under the terms of the Licence.
 - 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.
 . Scope of the rights granted by the Licence
 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:
 - 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.
 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.
 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.
 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.
 . 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, 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.
 . 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 or Software, of the exhaustion of those rights or of other applicable limitations
 thereto.
 . 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 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.
 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.
 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.
 . 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.
 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.
 . 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 software 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.
 . 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.
 . Additional agreements
 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.
 . 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 and/or
 Communication by You of the Work or copies thereof.
 . Information to the public
 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.
 . Termination of the Licence
 The Licence and the rights granted hereunder will terminate automatically upon any
 breach by the Licensee of the terms of the Licence.
 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.
 . Miscellaneous
 Without prejudice of Article 9 above, the Licence represents the complete agreement
 between the Parties as to the Work licensed hereunder.
 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.
 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.
 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.
 . Jurisdiction
 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.
 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.
 . Applicable Law
 This Licence shall be governed by the law of the European Union country where the
 Licensor resides or has his registered office.
 This licence shall be governed by the Belgian law if:
 - 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.
 ===
 Appendix
 “Compatible Licences” according to article 5 EUPL are:
 - 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

License Texts / annotate

eupl-1.1.txt@dbd68350f10c (annotated)

eupl-1.1.txt