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1.4 + European Union Public Licence
1.5 + V. 1.1
1.6 + EUPL © the European Community 2007
1.7 +
1.8 +This Europe an Union Public Licence (the “EUPL”) applies to the Work
1.9 +or Software (as defined below) which is provided under the terms of
1.10 +this Licence. Any use of the Work, other than as authorised under this
1.11 +Licence is prohibited (to the extent such use is covered by a right of
1.12 +the copyright holder of the Work).
1.13 +
1.14 +The Original Work is provided under the terms of this Licence when the
1.15 +Licensor (as defined below) has placed the following notice immediately
1.16 +following the copyright notice for the Original Work:
1.17 +
1.18 + Licensed under the EUPL V.1.1
1.19 +
1.20 +or has expressed by any other mean his willingness to license under the EUPL.
1.21 +
1.22 +1. Definitions
1.23 +
1.24 +In this Licence, the following terms have the following meaning:
1.25 +
1.26 +- The Licence: this Licence.
1.27 +
1.28 +- The Original Work or the Software: the software distributed and/or
1.29 +communicated by the Licensor under this Licence, available as Source
1.30 +Code and also as Executable Code as the case may be.
1.31 +
1.32 +- Derivative Works: the works or software that could be created by the
1.33 +Licensee, based upon the Original Work or modifications thereof. This
1.34 +Licence does not define the extent of modification or dependence on the
1.35 +Original Work required in order to classify a work as a Derivative Work;
1.36 +this extent is determined by copyright law applicable in the country
1.37 +mentioned in Article 15.
1.38 +
1.39 +- The Work: the Original Work and/or its Derivative Works.
1.40 +
1.41 +- The Source Code: the human-readable form of the Work which
1.42 + is the most convenient for people to study and modify.
1.43 +
1.44 +- The Executable Code: any code which has generally been compiled
1.45 + and which is meant to be interpreted by a computer as a program.
1.46 +
1.47 +- The Licensor: the natural or legal person that distributes
1.48 + and/or communicates the Work under the Licence.
1.49 +
1.50 +- Contributor(s): any natural or legal person who modifies the Work under
1.51 + the Licence, or otherwise contributes to the creation of a Derivative Work.
1.52 +
1.53 +- The Licensee or “You”: any natural or legal person who makes
1.54 + any usage of the Software under the terms of the Licence.
1.55 +
1.56 +- Distribution and/or Communication: any act of selling, giving,
1.57 + lending, renting, distributing, communicating, transmitting, or
1.58 + otherwise making available, on-line or off-line, copies of the
1.59 + Work or providing access to its essential functionalities at
1.60 + the disposal of any other natural or legal person.
1.61 +
1.62 +2. Scope of the rights granted by the Licence
1.63 +
1.64 +The Licensor hereby grants You a world-wide, royalty-free, non-exclusive,
1.65 +sublicensable licence to do the following, for the duration of copyright
1.66 +vested in the Original Work:
1.67 +
1.68 +- use the Work in any circumstance and for all usage,
1.69 +- reproduce the Work,
1.70 +- modify the Original Work, and make Derivative Works based upon the Work,
1.71 +- communicate to the public, including the right to make available or
1.72 + display the Work or copies thereof to the public and perform publicly,
1.73 + as the case may be, the Work,
1.74 +- distribute the Work or copies thereof,
1.75 +- lend and rent the Work or copies thereof,
1.76 +- sub-license rights in the Work or copies thereof.
1.77 +
1.78 +Those rights can be exercised on any media, supports and formats, whether
1.79 +now known or later invented, as far as the applicable law permits so.
1.80 +
1.81 +In the countries where moral rights apply, the Licensor waives his right
1.82 +to exercise his moral right to the extent allowed by law in order to
1.83 +make effective the licence of the economic rights here above listed.
1.84 +
1.85 +The Licensor grants to the Licensee royalty-free, non exclusive usage
1.86 +rights to any patents held by the Licensor, to the extent necessary to
1.87 +make use of the rights granted on the Work under this Licence.
1.88 +
1.89 +3. Communication of the Source Code
1.90 +
1.91 +The Licensor may provide the Work either in its Source Code form, or
1.92 +as Executable Code. If the Work is provided as Executable Code, the
1.93 +Licensor provides in addition a machine-readable copy of the Source
1.94 +Code of the Work along with each copy of the Work that the Licensor
1.95 +distributes or indicates, in a notice following the copyright notice
1.96 +attached to the Work, a repository where the Source Code is easily and
1.97 +freely accessible for as long as the Licensor continues to distribute
1.98 +and/or communicate the Work.
1.99 +
1.100 +4. Limitations on copyright
1.101 +
1.102 +Nothing in this Licence is intended to deprive the Licensee of the
1.103 +benefits from any exception or limitation to the exclusive rights of the
1.104 +rights owners in the Original Work or Software, of the exhaustion of
1.105 +those rights or of other applicable limitations thereto.
1.106 +
1.107 +5. Obligations of the Licensee
1.108 +
1.109 +The grant of the rights mentioned above is subject to some restrictions
1.110 +and obligations imposed on the Licensee. Those obligations are the
1.111 +following:
1.112 +
1.113 +Attribution right: the Licensee shall keep intact all
1.114 +copyright, patent or trademarks notices and all notices that refer to
1.115 +the Licence and to the disclaimer of warranties.
1.116 +
1.117 +The Licensee must include a copy of such notices and a copy of
1.118 +the Licence with every copy of the Work he/she distributes and/or
1.119 +communicates. The Licensee must cause any Derivative Work to carry
1.120 +prominent notices stating that the Work has been modified and the date
1.121 +of modification.
1.122 +
1.123 +Copyleft clause: If the Licensee distributes and/or communicates copies
1.124 +of the Original Works or Derivative Works based upon the Original
1.125 +Work, this Distribution and/or Communication will be done under the
1.126 +terms of this Licence or of a later version of this Licence unless the
1.127 +Original Work is expressly distributed only under this version of the
1.128 +Licence. The Licensee (becoming Licensor) cannot offer or impose any
1.129 +additional terms or conditions on the Work or Derivative Work that alter
1.130 +or restrict the terms of the Licence.
1.131 +
1.132 +Compatibility clause: If the Licensee Distributes and/or Communicates
1.133 +Derivative Works or copies thereof based upon both the Original Work
1.134 +and another work licensed under a Compatible Licence, this Distribution
1.135 +and/or Communication can be done under the terms of this Compatible
1.136 +Licence. For the sake of this clause, “Compatible Licence” refers
1.137 +to the licences listed in the appendix attached to this Licence. Should
1.138 +the Licensee’s obligations under the Compatible Licence conflict
1.139 +with his/her obligations under this Licence, the obligations of the
1.140 +Compatible Licence shall prevail.
1.141 +
1.142 +Provision of Source Code: When distributing and/or communicating copies
1.143 +of the Work, the Licensee will provide a machine-readable copy of the
1.144 +Source Code or indicate a repository where this Source will be easily
1.145 +and freely available for as long as the Licensee continues to distribute
1.146 +and/or communicate the Work.
1.147 +
1.148 +Legal Protection: This Licence does not grant permission to use the
1.149 +trade names, trademarks, service marks, or names of the Licensor, except
1.150 +as required for reasonable and customary use in describing the origin of
1.151 +the Work and reproducing the content of the copyright notice.
1.152 +
1.153 +6. Chain of Authorship
1.154 +
1.155 +The original Licensor warrants that the copyright in the Original Work
1.156 +granted hereunder is owned by him/her or licensed to him/her and that
1.157 +he/she has the power and authority to grant the Licence.
1.158 +
1.159 +Each Contributor warrants that the copyright in the modifications he/she
1.160 +brings to the Work are owned by him/her or licensed to him/her and that
1.161 +he/she has the power and authority to grant the Licence.
1.162 +
1.163 +Each time You accept the Licence, the original Licensor and subsequent
1.164 +Contributors grant You a licence to their contributions to the Work,
1.165 +under the terms of this Licence.
1.166 +
1.167 +7. Disclaimer of Warranty
1.168 +
1.169 +The Work is a work in progress, which is continuously improved by
1.170 +numerous contributors. It is not a finished work and may therefore
1.171 +contain defects or “bugs” inherent to this type of software
1.172 +development.
1.173 +
1.174 +For the above reason, the Work is provided under the Licence on an
1.175 +“as is” basis and without warranties of any kind concerning the Work,
1.176 +including without limitation merchantability, fitness for a particular
1.177 +purpose, absence of defects or errors, accuracy, non-infringement of
1.178 +intellectual property rights other than copyright as stated in Article
1.179 +6 of this Licence.
1.180 +
1.181 +This disclaimer of warranty is an essential part of the Licence
1.182 +and a condition for the grant of any rights to the Work.
1.183 +
1.184 +8. Disclaimer of Liability
1.185 +
1.186 +Except in the cases of wilful misconduct or damages directly caused to
1.187 +natural persons, the Licensor will in no event be liable for any direct
1.188 +or indirect, material or moral, damages of any kind, arising out of the
1.189 +Licence or of the use of the Work, including without limitation, damages
1.190 +for loss of goodwill, work stoppage, computer failure or malfunction,
1.191 +loss of data or any commercial damage, even if the Licensor has been
1.192 +advised of the possibility of such damage. However, the Licensor will be
1.193 +liable under statutory product liability laws as far such laws apply to
1.194 +the Work.
1.195 +
1.196 +9. Additional agreements
1.197 +
1.198 +While distributing the Original Work or Derivative Works, You may
1.199 +choose to conclude an additional agreement to offer, and charge a fee
1.200 +for, acceptance of support, warranty, indemnity, or other liability
1.201 +obligations and/or services consistent with this Licence. However, in
1.202 +accepting such obligations, You may act only on your own behalf and on
1.203 +your sole responsibility, not on behalf of the original Licensor or
1.204 +any other Contributor, and only if You agree to indemnify, defend, and
1.205 +hold each Contributor harmless for any liability incurred by, or claims
1.206 +asserted against such Contributor by the fact You have accepted any such
1.207 +warranty or additional liability.
1.208 +
1.209 +10. Acceptance of the Licence
1.210 +
1.211 +The provisions of this Licence can be accepted by clicking on an icon
1.212 +“I agree” placed under the bottom of a window displaying the text
1.213 +of this Licence or by affirming consent in any other similar way, in
1.214 +accordance with the rules of applicable law. Clicking on that icon
1.215 +indicates your clear and irrevocable acceptance of this Licence and all
1.216 +of its terms and conditions.
1.217 +
1.218 +Similarly, you irrevocably accept this Licence and all of its terms
1.219 +and conditions by exercising any rights granted to You by Article 2 of
1.220 +this Licence, such as the use of the Work, the creation by You of a
1.221 +Derivative Work or the Distribution and/or Communication by You of the
1.222 +Work or copies thereof.
1.223 +
1.224 +11. Information to the public
1.225 +
1.226 +In case of any Distribution and/or Communication of the Work by means of
1.227 +electronic communication by You (for example, by offering to download
1.228 +the Work from a remote location) the distribution channel or media (for
1.229 +example, a website) must at least provide to the public the information
1.230 +requested by the applicable law regarding the Licensor, the Licence and
1.231 +the way it may be accessible, concluded, stored and reproduced by the
1.232 +Licensee.
1.233 +
1.234 +12. Termination of the Licence
1.235 +
1.236 +The Licence and the rights granted hereunder will terminate
1.237 +automatically upon any breach by the Licensee of the terms of the
1.238 +Licence. Such a termination will not terminate the licences of any
1.239 +person who has received the Work from the Licensee under the Licence,
1.240 +provided such persons remain in full compliance with the Licence.
1.241 +
1.242 +13. Miscellaneous
1.243 +
1.244 +Without prejudice of Article 9 above, the Licence represents the
1.245 +complete agreement between the Parties as to the Work licensed
1.246 +hereunder.
1.247 +
1.248 +If any provision of the Licence is invalid or unenforceable under
1.249 +applicable law, this will not affect the validity or enforceability
1.250 +of the Licence as a whole. Such provision will be construed and/or
1.251 +reformed so as necessary to make it valid and enforceable. The European
1.252 +Commission may publish other linguistic versions and/or new versions of
1.253 +this Licence, so far this is required and reasonable, without reducing
1.254 +the scope of the rights granted by the Licence. New versions of the
1.255 +Licence will be published with a unique version number.
1.256 +
1.257 +All linguistic versions of this Licence, approved by the European
1.258 +Commission, have identical value. Parties can take advantage of the
1.259 +linguistic version of their choice.
1.260 +
1.261 +14. Jurisdiction
1.262 +
1.263 +Any litigation resulting from the interpretation of this License,
1.264 +arising between the European Commission, as a Licensor, and any
1.265 +Licensee, will be subject to the jurisdiction of the Court of Justice
1.266 +of the European Communities, as laid down in article 238 of the Treaty
1.267 +establishing the European Community.
1.268 +
1.269 +Any litigation arising between Parties, other than the European
1.270 +Commission, and resulting from the interpretation of this License, will
1.271 +be subject to the exclusive jurisdiction of the competent court where
1.272 +the Licensor resides or conducts its primary business.
1.273 +
1.274 +15. Applicable Law
1.275 +
1.276 +This Licence shall be governed by the law of the European Union
1.277 +country where the Licensor resides or has his registered office.
1.278 +
1.279 +This licence shall be governed by the Belgian law if:
1.280 +
1.281 +- a litigation arises between the European
1.282 + Commission, as a Licensor, and any Licensee;
1.283 +- the Licensor, other than the European Commission, has no
1.284 + residence or registered office inside a European Union country.
1.285 +
1.286 +
1.287 + ===
1.288 +
1.289 +
1.290 + Appendix
1.291 +
1.292 + “Compatible Licences” according to article 5 EUPL are:
1.293 +
1.294 + - GNU General Public License (GNU GPL) v. 2
1.295 + - Open Software License (OSL) v. 2.1, v. 3.0
1.296 + - Common Public License v. 1.0
1.297 + - Eclipse Public License v. 1.0
1.298 + - Cecill v. 2.0
