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