michael@2: European Union Public Licence michael@2: V. 1.1 michael@2: EUPL © the European Community 2007 michael@2: michael@2: This Europe an Union Public Licence (the “EUPL”) applies to the Work or Software michael@2: (as defined below) which is provided under the terms of this Licence. Any use of the michael@2: Work, other than as authorised under this Licence is prohibited (to the extent such use michael@2: is covered by a right of the copyright holder of the Work). michael@2: michael@2: The Original Work is provided under the terms of this Licence when the Licensor (as michael@2: defined below) has placed the following notice immediately following the copyright michael@2: notice for the Original Work: michael@2: michael@2: Licensed under the EUPL V.1.1 michael@2: michael@2: or has expressed by any other mean his willingness to license under the EUPL. michael@2: michael@2: 1. Definitions michael@2: michael@2: In this Licence, the following terms have the following meaning: michael@2: michael@2: - The Licence: this Licence. michael@2: michael@2: - The Original Work or the Software: the software distributed and/or communicated michael@2: by the Licensor under this Licence, available as Source Code and also as Executable michael@2: Code as the case may be. michael@2: michael@2: - Derivative Works: the works or software that could be created by the Licensee, michael@2: based upon the Original Work or modifications thereof. This Licence does not define michael@2: the extent of modification or dependence on the Original Work required in order to michael@2: classify a work as a Derivative Work; this extent is determined by copyright law michael@2: applicable in the country mentioned in Article 15. michael@2: michael@2: - The Work: the Original Work and/or its Derivative Works. michael@2: michael@2: - The Source Code: the human-readable form of the Work which is the most michael@2: convenient for people to study and modify. michael@2: michael@2: - The Executable Code: any code which has generally been compiled and which is michael@2: meant to be interpreted by a computer as a program. michael@2: michael@2: - The Licensor: the natural or legal person that distributes and/or communicates the michael@2: Work under the Licence. michael@2: michael@2: - Contributor(s): any natural or legal person who modifies the Work under the michael@2: Licence, or otherwise contributes to the creation of a Derivative Work. michael@2: michael@2: - The Licensee or “You”: any natural or legal person who makes any usage of the michael@2: Software under the terms of the Licence. michael@2: michael@2: - Distribution and/or Communication: any act of selling, giving, lending, renting, michael@2: distributing, communicating, transmitting, or otherwise making available, on-line or michael@2: off-line, copies of the Work or providing access to its essential functionalities at the michael@2: disposal of any other natural or legal person. michael@2: michael@2: 2. Scope of the rights granted by the Licence michael@2: michael@2: The Licensor hereby grants You a world-wide, royalty-free, non-exclusive, sublicensable michael@2: licence to do the following, for the duration of copyright vested in the michael@2: Original Work: michael@2: michael@2: - use the Work in any circumstance and for all usage, michael@2: - reproduce the Work, michael@2: - modify the Original Work, and make Derivative Works based upon the Work, michael@2: - communicate to the public, including the right to make available or display the michael@2: Work or copies thereof to the public and perform publicly, as the case may be, michael@2: the Work, michael@2: - distribute the Work or copies thereof, michael@2: - lend and rent the Work or copies thereof, michael@2: - sub-license rights in the Work or copies thereof. michael@2: michael@2: Those rights can be exercised on any media, supports and formats, whether now michael@2: known or later invented, as far as the applicable law permits so. michael@2: michael@2: In the countries where moral rights apply, the Licensor waives his right to exercise his michael@2: moral right to the extent allowed by law in order to make effective the licence of the michael@2: economic rights here above listed. michael@2: michael@2: The Licensor grants to the Licensee royalty-free, non exclusive usage rights to any michael@2: patents held by the Licensor, to the extent necessary to make use of the rights granted michael@2: on the Work under this Licence. michael@2: michael@2: 3. Communication of the Source Code michael@2: michael@2: The Licensor may provide the Work either in its Source Code form, or as Executable michael@2: Code. If the Work is provided as Executable Code, the Licensor provides in addition a michael@2: machine-readable copy of the Source Code of the Work along with each copy of the michael@2: Work that the Licensor distributes or indicates, in a notice following the copyright michael@2: notice attached to the Work, a repository where the Source Code is easily and freely michael@2: accessible for as long as the Licensor continues to distribute and/or communicate the michael@2: Work. michael@2: michael@2: 4. Limitations on copyright michael@2: michael@2: Nothing in this Licence is intended to deprive the Licensee of the benefits from any michael@2: exception or limitation to the exclusive rights of the rights owners in the Original michael@2: Work or Software, of the exhaustion of those rights or of other applicable limitations michael@2: thereto. michael@2: michael@2: 5. Obligations of the Licensee michael@2: michael@2: The grant of the rights mentioned above is subject to some restrictions and obligations michael@2: imposed on the Licensee. Those obligations are the following: michael@2: Attribution right: the Licensee shall keep intact all copyright, patent or trademarks michael@2: notices and all notices that refer to the Licence and to the disclaimer of warranties. michael@2: michael@2: The Licensee must include a copy of such notices and a copy of the Licence with michael@2: every copy of the Work he/she distributes and/or communicates. The Licensee must michael@2: cause any Derivative Work to carry prominent notices stating that the Work has been michael@2: modified and the date of modification. michael@2: michael@2: Copyleft clause: If the Licensee distributes and/or communicates copies of the michael@2: Original Works or Derivative Works based upon the Original Work, this Distribution michael@2: and/or Communication will be done under the terms of this Licence or of a later michael@2: version of this Licence unless the Original Work is expressly distributed only under michael@2: this version of the Licence. The Licensee (becoming Licensor) cannot offer or impose michael@2: any additional terms or conditions on the Work or Derivative Work that alter or michael@2: restrict the terms of the Licence. michael@2: michael@2: Compatibility clause: If the Licensee Distributes and/or Communicates Derivative michael@2: Works or copies thereof based upon both the Original Work and another work michael@2: licensed under a Compatible Licence, this Distribution and/or Communication can be michael@2: done under the terms of this Compatible Licence. For the sake of this clause, michael@2: “Compatible Licence” refers to the licences listed in the appendix attached to this michael@2: Licence. Should the Licensee’s obligations under the Compatible Licence conflict michael@2: with his/her obligations under this Licence, the obligations of the Compatible Licence michael@2: shall prevail. michael@2: michael@2: Provision of Source Code: When distributing and/or communicating copies of the michael@2: Work, the Licensee will provide a machine-readable copy of the Source Code or michael@2: indicate a repository where this Source will be easily and freely available for as long michael@2: as the Licensee continues to distribute and/or communicate the Work. michael@2: michael@2: Legal Protection: This Licence does not grant permission to use the trade names, michael@2: trademarks, service marks, or names of the Licensor, except as required for michael@2: reasonable and customary use in describing the origin of the Work and reproducing michael@2: the content of the copyright notice. michael@2: michael@2: 6. Chain of Authorship michael@2: michael@2: The original Licensor warrants that the copyright in the Original Work granted michael@2: hereunder is owned by him/her or licensed to him/her and that he/she has the power michael@2: and authority to grant the Licence. michael@2: michael@2: Each Contributor warrants that the copyright in the modifications he/she brings to the michael@2: Work are owned by him/her or licensed to him/her and that he/she has the power and michael@2: authority to grant the Licence. michael@2: michael@2: Each time You accept the Licence, the original Licensor and subsequent Contributors michael@2: grant You a licence to their contributions to the Work, under the terms of this michael@2: Licence. michael@2: michael@2: 7. Disclaimer of Warranty michael@2: michael@2: The Work is a work in progress, which is continuously improved by numerous michael@2: contributors. It is not a finished work and may therefore contain defects or “bugs” michael@2: inherent to this type of software development. michael@2: michael@2: For the above reason, the Work is provided under the Licence on an “as is” basis and michael@2: without warranties of any kind concerning the Work, including without limitation michael@2: merchantability, fitness for a particular purpose, absence of defects or errors, michael@2: accuracy, non-infringement of intellectual property rights other than copyright as michael@2: stated in Article 6 of this Licence. michael@2: michael@2: This disclaimer of warranty is an essential part of the Licence and a condition for the michael@2: grant of any rights to the Work. michael@2: michael@2: 8. Disclaimer of Liability michael@2: michael@2: Except in the cases of wilful misconduct or damages directly caused to natural michael@2: persons, the Licensor will in no event be liable for any direct or indirect, material or michael@2: moral, damages of any kind, arising out of the Licence or of the use of the Work, michael@2: including without limitation, damages for loss of goodwill, work stoppage, computer michael@2: failure or malfunction, loss of data or any commercial damage, even if the Licensor michael@2: has been advised of the possibility of such damage. However, the Licensor will be michael@2: liable under statutory product liability laws as far such laws apply to the Work. michael@2: michael@2: 9. Additional agreements michael@2: michael@2: While distributing the Original Work or Derivative Works, You may choose to michael@2: conclude an additional agreement to offer, and charge a fee for, acceptance of support, michael@2: warranty, indemnity, or other liability obligations and/or services consistent with this michael@2: Licence. However, in accepting such obligations, You may act only on your own michael@2: behalf and on your sole responsibility, not on behalf of the original Licensor or any michael@2: other Contributor, and only if You agree to indemnify, defend, and hold each michael@2: Contributor harmless for any liability incurred by, or claims asserted against such michael@2: Contributor by the fact You have accepted any such warranty or additional liability. michael@2: michael@2: 10. Acceptance of the Licence michael@2: michael@2: The provisions of this Licence can be accepted by clicking on an icon “I agree” michael@2: placed under the bottom of a window displaying the text of this Licence or by michael@2: affirming consent in any other similar way, in accordance with the rules of applicable michael@2: law. Clicking on that icon indicates your clear and irrevocable acceptance of this michael@2: Licence and all of its terms and conditions. michael@2: michael@2: Similarly, you irrevocably accept this Licence and all of its terms and conditions by michael@2: exercising any rights granted to You by Article 2 of this Licence, such as the use of michael@2: the Work, the creation by You of a Derivative Work or the Distribution and/or michael@2: Communication by You of the Work or copies thereof. michael@2: michael@2: 11. Information to the public michael@2: michael@2: In case of any Distribution and/or Communication of the Work by means of electronic michael@2: communication by You (for example, by offering to download the Work from a michael@2: remote location) the distribution channel or media (for example, a website) must at michael@2: least provide to the public the information requested by the applicable law regarding michael@2: the Licensor, the Licence and the way it may be accessible, concluded, stored and michael@2: reproduced by the Licensee. michael@2: michael@2: 12. Termination of the Licence michael@2: michael@2: The Licence and the rights granted hereunder will terminate automatically upon any michael@2: breach by the Licensee of the terms of the Licence. michael@2: Such a termination will not terminate the licences of any person who has received the michael@2: Work from the Licensee under the Licence, provided such persons remain in full michael@2: compliance with the Licence. michael@2: michael@2: 13. Miscellaneous michael@2: michael@2: Without prejudice of Article 9 above, the Licence represents the complete agreement michael@2: between the Parties as to the Work licensed hereunder. michael@2: michael@2: If any provision of the Licence is invalid or unenforceable under applicable law, this michael@2: will not affect the validity or enforceability of the Licence as a whole. Such provision michael@2: will be construed and/or reformed so as necessary to make it valid and enforceable. michael@2: The European Commission may publish other linguistic versions and/or new versions michael@2: of this Licence, so far this is required and reasonable, without reducing the scope of michael@2: the rights granted by the Licence. New versions of the Licence will be published with michael@2: a unique version number. michael@2: michael@2: All linguistic versions of this Licence, approved by the European Commission, have michael@2: identical value. Parties can take advantage of the linguistic version of their choice. michael@2: michael@2: 14. Jurisdiction michael@2: michael@2: Any litigation resulting from the interpretation of this License, arising between the michael@2: European Commission, as a Licensor, and any Licensee, will be subject to the michael@2: jurisdiction of the Court of Justice of the European Communities, as laid down in michael@2: article 238 of the Treaty establishing the European Community. michael@2: Any litigation arising between Parties, other than the European Commission, and michael@2: resulting from the interpretation of this License, will be subject to the exclusive michael@2: jurisdiction of the competent court where the Licensor resides or conducts its primary michael@2: business. michael@2: michael@2: 15. Applicable Law michael@2: michael@2: This Licence shall be governed by the law of the European Union country where the michael@2: Licensor resides or has his registered office. michael@2: michael@2: This licence shall be governed by the Belgian law if: michael@2: michael@2: - a litigation arises between the European Commission, as a Licensor, and any michael@2: Licensee; michael@2: - the Licensor, other than the European Commission, has no residence or michael@2: registered office inside a European Union country. michael@2: michael@2: === michael@2: michael@2: Appendix michael@2: michael@2: “Compatible Licences” according to article 5 EUPL are: michael@2: michael@2: - GNU General Public License (GNU GPL) v. 2 michael@2: - Open Software License (OSL) v. 2.1, v. 3.0 michael@2: - Common Public License v. 1.0 michael@2: - Eclipse Public License v. 1.0 michael@2: - Cecill v. 2.0