# HG changeset patch # User Michael Schloh von Bennewitz # Date 1316611893 -7200 # Node ID b30141fe7f31f55a41300a58a105d6e896a1690a # Parent dbd68350f10c5bc00ee412834523e1a51de5dff9 Correct encoding and replace tabs with spaces. diff -r dbd68350f10c -r b30141fe7f31 eupl-1.1.txt --- a/eupl-1.1.txt Wed Sep 21 15:29:36 2011 +0200 +++ b/eupl-1.1.txt Wed Sep 21 15:31:33 2011 +0200 @@ -1,268 +1,268 @@ - 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. - -1. 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. - -2. 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. - -3. 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. - -4. 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. - -5. 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. - -6. 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. - -7. 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. - -8. 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. - -9. 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. - -10. 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. - -11. 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. - -12. 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. - -13. 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. - -14. 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. - -15. 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 \ No newline at end of file + European Union Public Licence + V. 1.1 + EUPL © the European Community 2007 + +This Europe an 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. + +1. 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. + +2. 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. + +3. 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. + +4. 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. + +5. 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. + +6. 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. + +7. 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. + +8. 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. + +9. 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. + +10. 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. + +11. 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. + +12. 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. + +13. 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. + +14. 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. + +15. 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