comparison: eupl-1.1.txt
eupl-1.1.txt
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| 1 European Union Public Licence | |
| 2 V. 1.1 | |
| 3 EUPL © the European Community 2007 | |
| 4 | |
| 5 This European Union Public Licence (the “EUPL”) applies to the Work or Software | |
| 6 (as defined below) which is provided under the terms of this Licence. Any use of the | |
| 7 Work, other than as authorised under this Licence is prohibited (to the extent such use | |
| 8 is covered by a right of the copyright holder of the Work). | |
| 9 | |
| 10 The Original Work is provided under the terms of this Licence when the Licensor (as | |
| 11 defined below) has placed the following notice immediately following the copyright | |
| 12 notice for the Original Work: | |
| 13 | |
| 14 Licensed under the EUPL V.1.1 | |
| 15 | |
| 16 or has expressed by any other mean his willingness to license under the EUPL. | |
| 17 | |
| 18 1. Definitions | |
| 19 | |
| 20 In this Licence, the following terms have the following meaning: | |
| 21 | |
| 22 - The Licence: this Licence. | |
| 23 | |
| 24 - The Original Work or the Software: the software distributed and/or communicated | |
| 25 by the Licensor under this Licence, available as Source Code and also as Executable | |
| 26 Code as the case may be. | |
| 27 | |
| 28 - Derivative Works: the works or software that could be created by the Licensee, | |
| 29 based upon the Original Work or modifications thereof. This Licence does not define | |
| 30 the extent of modification or dependence on the Original Work required in order to | |
| 31 classify a work as a Derivative Work; this extent is determined by copyright law | |
| 32 applicable in the country mentioned in Article 15. | |
| 33 | |
| 34 - The Work: the Original Work and/or its Derivative Works. | |
| 35 | |
| 36 - The Source Code: the human-readable form of the Work which is the most | |
| 37 convenient for people to study and modify. | |
| 38 | |
| 39 - The Executable Code: any code which has generally been compiled and which is | |
| 40 meant to be interpreted by a computer as a program. | |
| 41 | |
| 42 - The Licensor: the natural or legal person that distributes and/or communicates the | |
| 43 Work under the Licence. | |
| 44 | |
| 45 - Contributor(s): any natural or legal person who modifies the Work under the | |
| 46 Licence, or otherwise contributes to the creation of a Derivative Work. | |
| 47 | |
| 48 - The Licensee or “You”: any natural or legal person who makes any usage of the | |
| 49 Software under the terms of the Licence. | |
| 50 | |
| 51 - Distribution and/or Communication: any act of selling, giving, lending, renting, | |
| 52 distributing, communicating, transmitting, or otherwise making available, on-line or | |
| 53 off-line, copies of the Work or providing access to its essential functionalities at the | |
| 54 disposal of any other natural or legal person. | |
| 55 | |
| 56 2. Scope of the rights granted by the Licence | |
| 57 | |
| 58 The Licensor hereby grants You a world-wide, royalty-free, non-exclusive, sublicensable | |
| 59 licence to do the following, for the duration of copyright vested in the | |
| 60 Original Work: | |
| 61 | |
| 62 - use the Work in any circumstance and for all usage, | |
| 63 - reproduce the Work, | |
| 64 - modify the Original Work, and make Derivative Works based upon the Work, | |
| 65 - communicate to the public, including the right to make available or display the | |
| 66 Work or copies thereof to the public and perform publicly, as the case may be, | |
| 67 the Work, | |
| 68 - distribute the Work or copies thereof, | |
| 69 - lend and rent the Work or copies thereof, | |
| 70 - sub-license rights in the Work or copies thereof. | |
| 71 | |
| 72 Those rights can be exercised on any media, supports and formats, whether now | |
| 73 known or later invented, as far as the applicable law permits so. | |
| 74 | |
| 75 In the countries where moral rights apply, the Licensor waives his right to exercise his | |
| 76 moral right to the extent allowed by law in order to make effective the licence of the | |
| 77 economic rights here above listed. | |
| 78 | |
| 79 The Licensor grants to the Licensee royalty-free, non exclusive usage rights to any | |
| 80 patents held by the Licensor, to the extent necessary to make use of the rights granted | |
| 81 on the Work under this Licence. | |
| 82 | |
| 83 3. Communication of the Source Code | |
| 84 | |
| 85 The Licensor may provide the Work either in its Source Code form, or as Executable | |
| 86 Code. If the Work is provided as Executable Code, the Licensor provides in addition a | |
| 87 machine-readable copy of the Source Code of the Work along with each copy of the | |
| 88 Work that the Licensor distributes or indicates, in a notice following the copyright | |
| 89 notice attached to the Work, a repository where the Source Code is easily and freely | |
| 90 accessible for as long as the Licensor continues to distribute and/or communicate the | |
| 91 Work. | |
| 92 | |
| 93 4. Limitations on copyright | |
| 94 | |
| 95 Nothing in this Licence is intended to deprive the Licensee of the benefits from any | |
| 96 exception or limitation to the exclusive rights of the rights owners in the Original | |
| 97 Work or Software, of the exhaustion of those rights or of other applicable limitations | |
| 98 thereto. | |
| 99 | |
| 100 5. Obligations of the Licensee | |
| 101 | |
| 102 The grant of the rights mentioned above is subject to some restrictions and obligations | |
| 103 imposed on the Licensee. Those obligations are the following: | |
| 104 Attribution right: the Licensee shall keep intact all copyright, patent or trademarks | |
| 105 notices and all notices that refer to the Licence and to the disclaimer of warranties. | |
| 106 | |
| 107 The Licensee must include a copy of such notices and a copy of the Licence with | |
| 108 every copy of the Work he/she distributes and/or communicates. The Licensee must | |
| 109 cause any Derivative Work to carry prominent notices stating that the Work has been | |
| 110 modified and the date of modification. | |
| 111 | |
| 112 Copyleft clause: If the Licensee distributes and/or communicates copies of the | |
| 113 Original Works or Derivative Works based upon the Original Work, this Distribution | |
| 114 and/or Communication will be done under the terms of this Licence or of a later | |
| 115 version of this Licence unless the Original Work is expressly distributed only under | |
| 116 this version of the Licence. The Licensee (becoming Licensor) cannot offer or impose | |
| 117 any additional terms or conditions on the Work or Derivative Work that alter or | |
| 118 restrict the terms of the Licence. | |
| 119 | |
| 120 Compatibility clause: If the Licensee Distributes and/or Communicates Derivative | |
| 121 Works or copies thereof based upon both the Original Work and another work | |
| 122 licensed under a Compatible Licence, this Distribution and/or Communication can be | |
| 123 done under the terms of this Compatible Licence. For the sake of this clause, | |
| 124 “Compatible Licence” refers to the licences listed in the appendix attached to this | |
| 125 Licence. Should the Licensee’s obligations under the Compatible Licence conflict | |
| 126 with his/her obligations under this Licence, the obligations of the Compatible Licence | |
| 127 shall prevail. | |
| 128 | |
| 129 Provision of Source Code: When distributing and/or communicating copies of the | |
| 130 Work, the Licensee will provide a machine-readable copy of the Source Code or | |
| 131 indicate a repository where this Source will be easily and freely available for as long | |
| 132 as the Licensee continues to distribute and/or communicate the Work. | |
| 133 | |
| 134 Legal Protection: This Licence does not grant permission to use the trade names, | |
| 135 trademarks, service marks, or names of the Licensor, except as required for | |
| 136 reasonable and customary use in describing the origin of the Work and reproducing | |
| 137 the content of the copyright notice. | |
| 138 | |
| 139 6. Chain of Authorship | |
| 140 | |
| 141 The original Licensor warrants that the copyright in the Original Work granted | |
| 142 hereunder is owned by him/her or licensed to him/her and that he/she has the power | |
| 143 and authority to grant the Licence. | |
| 144 | |
| 145 Each Contributor warrants that the copyright in the modifications he/she brings to the | |
| 146 Work are owned by him/her or licensed to him/her and that he/she has the power and | |
| 147 authority to grant the Licence. | |
| 148 | |
| 149 Each time You accept the Licence, the original Licensor and subsequent Contributors | |
| 150 grant You a licence to their contributions to the Work, under the terms of this | |
| 151 Licence. | |
| 152 | |
| 153 7. Disclaimer of Warranty | |
| 154 | |
| 155 The Work is a work in progress, which is continuously improved by numerous | |
| 156 contributors. It is not a finished work and may therefore contain defects or “bugs” | |
| 157 inherent to this type of software development. | |
| 158 | |
| 159 For the above reason, the Work is provided under the Licence on an “as is” basis and | |
| 160 without warranties of any kind concerning the Work, including without limitation | |
| 161 merchantability, fitness for a particular purpose, absence of defects or errors, | |
| 162 accuracy, non-infringement of intellectual property rights other than copyright as | |
| 163 stated in Article 6 of this Licence. | |
| 164 | |
| 165 This disclaimer of warranty is an essential part of the Licence and a condition for the | |
| 166 grant of any rights to the Work. | |
| 167 | |
| 168 8. Disclaimer of Liability | |
| 169 | |
| 170 Except in the cases of wilful misconduct or damages directly caused to natural | |
| 171 persons, the Licensor will in no event be liable for any direct or indirect, material or | |
| 172 moral, damages of any kind, arising out of the Licence or of the use of the Work, | |
| 173 including without limitation, damages for loss of goodwill, work stoppage, computer | |
| 174 failure or malfunction, loss of data or any commercial damage, even if the Licensor | |
| 175 has been advised of the possibility of such damage. However, the Licensor will be | |
| 176 liable under statutory product liability laws as far such laws apply to the Work. | |
| 177 | |
| 178 9. Additional agreements | |
| 179 | |
| 180 While distributing the Original Work or Derivative Works, You may choose to | |
| 181 conclude an additional agreement to offer, and charge a fee for, acceptance of support, | |
| 182 warranty, indemnity, or other liability obligations and/or services consistent with this | |
| 183 Licence. However, in accepting such obligations, You may act only on your own | |
| 184 behalf and on your sole responsibility, not on behalf of the original Licensor or any | |
| 185 other Contributor, and only if You agree to indemnify, defend, and hold each | |
| 186 Contributor harmless for any liability incurred by, or claims asserted against such | |
| 187 Contributor by the fact You have accepted any such warranty or additional liability. | |
| 188 | |
| 189 10. Acceptance of the Licence | |
| 190 | |
| 191 The provisions of this Licence can be accepted by clicking on an icon “I agree” | |
| 192 placed under the bottom of a window displaying the text of this Licence or by | |
| 193 affirming consent in any other similar way, in accordance with the rules of applicable | |
| 194 law. Clicking on that icon indicates your clear and irrevocable acceptance of this | |
| 195 Licence and all of its terms and conditions. | |
| 196 | |
| 197 Similarly, you irrevocably accept this Licence and all of its terms and conditions by | |
| 198 exercising any rights granted to You by Article 2 of this Licence, such as the use of | |
| 199 the Work, the creation by You of a Derivative Work or the Distribution and/or | |
| 200 Communication by You of the Work or copies thereof. | |
| 201 | |
| 202 11. Information to the public | |
| 203 | |
| 204 In case of any Distribution and/or Communication of the Work by means of electronic | |
| 205 communication by You (for example, by offering to download the Work from a | |
| 206 remote location) the distribution channel or media (for example, a website) must at | |
| 207 least provide to the public the information requested by the applicable law regarding | |
| 208 the Licensor, the Licence and the way it may be accessible, concluded, stored and | |
| 209 reproduced by the Licensee. | |
| 210 | |
| 211 12. Termination of the Licence | |
| 212 | |
| 213 The Licence and the rights granted hereunder will terminate automatically upon any | |
| 214 breach by the Licensee of the terms of the Licence. | |
| 215 Such a termination will not terminate the licences of any person who has received the | |
| 216 Work from the Licensee under the Licence, provided such persons remain in full | |
| 217 compliance with the Licence. | |
| 218 | |
| 219 13. Miscellaneous | |
| 220 | |
| 221 Without prejudice of Article 9 above, the Licence represents the complete agreement | |
| 222 between the Parties as to the Work licensed hereunder. | |
| 223 | |
| 224 If any provision of the Licence is invalid or unenforceable under applicable law, this | |
| 225 will not affect the validity or enforceability of the Licence as a whole. Such provision | |
| 226 will be construed and/or reformed so as necessary to make it valid and enforceable. | |
| 227 The European Commission may publish other linguistic versions and/or new versions | |
| 228 of this Licence, so far this is required and reasonable, without reducing the scope of | |
| 229 the rights granted by the Licence. New versions of the Licence will be published with | |
| 230 a unique version number. | |
| 231 | |
| 232 All linguistic versions of this Licence, approved by the European Commission, have | |
| 233 identical value. Parties can take advantage of the linguistic version of their choice. | |
| 234 | |
| 235 14. Jurisdiction | |
| 236 | |
| 237 Any litigation resulting from the interpretation of this License, arising between the | |
| 238 European Commission, as a Licensor, and any Licensee, will be subject to the | |
| 239 jurisdiction of the Court of Justice of the European Communities, as laid down in | |
| 240 article 238 of the Treaty establishing the European Community. | |
| 241 Any litigation arising between Parties, other than the European Commission, and | |
| 242 resulting from the interpretation of this License, will be subject to the exclusive | |
| 243 jurisdiction of the competent court where the Licensor resides or conducts its primary | |
| 244 business. | |
| 245 | |
| 246 15. Applicable Law | |
| 247 | |
| 248 This Licence shall be governed by the law of the European Union country where the | |
| 249 Licensor resides or has his registered office. | |
| 250 | |
| 251 This licence shall be governed by the Belgian law if: | |
| 252 | |
| 253 - a litigation arises between the European Commission, as a Licensor, and any | |
| 254 Licensee; | |
| 255 - the Licensor, other than the European Commission, has no residence or | |
| 256 registered office inside a European Union country. | |
| 257 | |
| 258 === | |
| 259 | |
| 260 Appendix | |
| 261 | |
| 262 “Compatible Licences” according to article 5 EUPL are: | |
| 263 | |
| 264 - GNU General Public License (GNU GPL) v. 2 | |
| 265 - Open Software License (OSL) v. 2.1, v. 3.0 | |
| 266 - Common Public License v. 1.0 | |
| 267 - Eclipse Public License v. 1.0 | |
| 268 - Cecill v. 2.0 |
