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EUROPEAN UNION PUBLIC LICENCE v. 1.2 | |
EUPL © the European Union 2007, 2016 | |
This European Union Public Licence (the ‘EUPL’) applies to the Work (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 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 Work: | |
Licensed under the EUPL | |
or has expressed by any other means 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’: the work or software distributed 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 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 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 Work under the terms of the Licence. | |
- ‘Distribution’ or ‘Communication’: any act of selling, giving, lending, | |
renting, distributing, communicating, transmitting, or otherwise making | |
available, online or offline, 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 worldwide, 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 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, | |
- sublicense 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 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 | |
Work, 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 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 or communicates copies of the | |
Original Works or Derivative Works, this Distribution 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 — for example by communicating ‘EUPL v. 1.2 only’. 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 or Communicates Derivative | |
Works or copies thereof based upon both the Work and another work licensed under | |
a Compatible Licence, this Distribution 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 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 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 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 Work, You may choose to conclude an additional agreement, | |
defining obligations or services consistent with this Licence. However, if | |
accepting 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 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 or Communication by You of the Work or copies thereof. | |
11. Information to the public | |
In case of any Distribution 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. | |
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 or reformed so as necessary to make it | |
valid and enforceable. | |
The European Commission may publish other linguistic versions or new versions of | |
this Licence or updated versions of the Appendix, 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 | |
Without prejudice to specific agreement between parties, | |
- any litigation resulting from the interpretation of this License, arising | |
between the European Union institutions, bodies, offices or agencies, as a | |
Licensor, and any Licensee, will be subject to the jurisdiction of the Court | |
of Justice of the European Union, as laid down in article 272 of the Treaty on | |
the Functioning of the European Union, | |
- any litigation arising between other parties 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 | |
Without prejudice to specific agreement between parties, | |
- this Licence shall be governed by the law of the European Union Member State | |
where the Licensor has his seat, resides or has his registered office, | |
- this licence shall be governed by Belgian law if the Licensor has no seat, | |
residence or registered office inside a European Union Member State. | |
Appendix | |
‘Compatible Licences’ according to Article 5 EUPL are: | |
- GNU General Public License (GPL) v. 2, v. 3 | |
- GNU Affero General Public License (AGPL) v. 3 | |
- Open Software License (OSL) v. 2.1, v. 3.0 | |
- Eclipse Public License (EPL) v. 1.0 | |
- CeCILL v. 2.0, v. 2.1 | |
- Mozilla Public Licence (MPL) v. 2 | |
- GNU Lesser General Public Licence (LGPL) v. 2.1, v. 3 | |
- Creative Commons Attribution-ShareAlike v. 3.0 Unported (CC BY-SA 3.0) for | |
works other than software | |
- European Union Public Licence (EUPL) v. 1.1, v. 1.2 | |
- Québec Free and Open-Source Licence — Reciprocity (LiLiQ-R) or Strong | |
Reciprocity (LiLiQ-R+). | |
The European Commission may update this Appendix to later versions of the above | |
licences without producing a new version of the EUPL, as long as they provide | |
the rights granted in Article 2 of this Licence and protect the covered Source | |
Code from exclusive appropriation. | |
All other changes or additions to this Appendix require the production of a new | |
EUPL version. | |