eupl-1.1.txt

Wed, 21 Sep 2011 15:31:33 +0200

author
Michael Schloh von Bennewitz <michael@schloh.com>
date
Wed, 21 Sep 2011 15:31:33 +0200
changeset 2
b30141fe7f31
parent 1
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permissions
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Correct encoding and replace tabs with spaces.

     1            European Union Public Licence
     2                     V. 1.1
     3         EUPL © the European Community 2007
     5 This Europe an 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).
    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:
    14 Licensed under the EUPL V.1.1
    16 or has expressed by any other mean his willingness to license under the EUPL.
    18 1. Definitions
    20 In this Licence, the following terms have the following meaning:
    22 - The Licence: this Licence.
    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.
    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.
    34 - The Work: the Original Work and/or its Derivative Works.
    36 - The Source Code: the human-readable form of the Work which is the most
    37 convenient for people to study and modify.
    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.
    42 - The Licensor: the natural or legal person that distributes and/or communicates the
    43 Work under the Licence.
    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.
    48 - The Licensee or “You”: any natural or legal person who makes any usage of the
    49 Software under the terms of the Licence.
    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.
    56 2. Scope of the rights granted by the Licence
    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:
    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.
    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.
    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.
    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.
    83 3. Communication of the Source Code
    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.
    93 4. Limitations on copyright
    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.
   100 5. Obligations of the Licensee
   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.
   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.
   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.
   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.
   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.
   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.
   139 6. Chain of Authorship
   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.
   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.
   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.
   153 7. Disclaimer of Warranty
   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.
   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.
   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.
   168 8. Disclaimer of Liability
   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.
   178 9. Additional agreements
   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.
   189 10. Acceptance of the Licence
   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.
   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.
   202 11. Information to the public
   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.
   211 12. Termination of the Licence
   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.
   219 13. Miscellaneous
   221 Without prejudice of Article 9 above, the Licence represents the complete agreement
   222 between the Parties as to the Work licensed hereunder.
   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.
   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.
   235 14. Jurisdiction
   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.
   246 15. Applicable Law
   248 This Licence shall be governed by the law of the European Union country where the
   249 Licensor resides or has his registered office.
   251 This licence shall be governed by the Belgian law if:
   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.
   258 ===
   260 Appendix
   262 “Compatible Licences” according to article 5 EUPL are:
   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

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