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