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1
2European Union Public Licence
3V.1.0
4EUPL © the European Community 2007
5This European Union Public Licence (the “EUPL”) applies to the Work or Software (as
6defined below) which is provided under the terms of this Licence. Any use of the Work, other
7than as authorised under this Licence is prohibited (to the extent such use is covered by a right
8of the copyright holder of the Work).
9The Original Work is provided under the terms of this Licence when the Licensor (as defined
10below) has placed the following notice immediately following the copyright notice for the
11Original Work:
12Licensed under the EUPL V.1.0
13or has expressed by any other mean his willingness to license under the EUPL.
141. Definitions
15In this Licence, the following terms have the following meaning:
16− The Licence: this Licence.
17− The Original Work or the Software: the software distributed and/or communicated by
18the Licensor under this Licence, available as Source Code and also as Executable
19Code as the case may be.
20− Derivative Works: the works or software that could be created by the Licensee, based
21upon the Original Work or modifications thereof. This Licence does not define the
22extent of modification or dependence on the Original Work required in order to
23classify a work as a Derivative Work; this extent is determined by copyright law
24applicable in the country mentioned in Article 15.
25− The Work: the Original Work and/or its Derivative Works.
26− The Source Code: the human-readable form of the Work which is the most
27convenient for people to study and modify.
28− The Executable Code: any code which has generally been compiled and which is
29meant to be interpreted by a computer as a program.
30− The Licensor: the natural or legal person that distributes and/or communicates the
31Work under the Licence.
32− Contributor(s): any natural or legal person who modifies the Work under the
33Licence, or otherwise contributes to the creation of a Derivative Work.
34− The Licensee or “You”: any natural or legal person who makes any usage of the
35Software under the terms of the Licence. − Distribution and/or Communication: any act of selling, giving, lending, renting,
36distributing, communicating, transmitting, or otherwise making available, on-line or
37off-line, copies of the Work at the disposal of any other natural or legal person.
382. Scope of the rights granted by the Licence
39The Licensor hereby grants You a world-wide, royalty-free, non-exclusive, sub-licensable
40licence to do the following, for the duration of copyright vested in the Original Work:
41− use the Work in any circumstance and for all usage,
42− reproduce the Work,
43− modify the Original Work, and make Derivative Works based upon the Work,
44− communicate to the public, including the right to make available or display the Work
45or copies thereof to the public and perform publicly, as the case may be, the Work,
46− distribute the Work or copies thereof,
47− lend and rent the Work or copies thereof,
48− sub-license rights in the Work or copies thereof.
49Those rights can be exercised on any media, supports and formats, whether now known or
50later invented, as far as the applicable law permits so.
51In the countries where moral rights apply, the Licensor waives his right to exercise his moral
52right to the extent allowed by law in order to make effective the licence of the economic rights
53here above listed.
54The Licensor grants to the Licensee royalty-free, non exclusive usage rights to any patents
55held by the Licensor, to the extent necessary to make use of the rights granted on the Work
56under this Licence.
573. Communication of the Source Code
58The Licensor may provide the Work either in its Source Code form, or as Executable Code. If
59the Work is provided as Executable Code, the Licensor provides in addition a machinereadable copy of the Source Code of the Work along with each copy of the Work that the
60Licensor distributes or indicates, in a notice following the copyright notice attached to the
61Work, a repository where the Source Code is easily and freely accessible for as long as the
62Licensor continues to distribute and/or communicate the Work.
634. Limitations on copyright
64Nothing in this Licence is intended to deprive the Licensee of the benefits from any exception
65or limitation to the exclusive rights of the rights owners in the Original Work or Software, of
66the exhaustion of those rights or of other applicable limitations thereto.
675. Obligations of the Licensee
68The grant of the rights mentioned above is subject to some restrictions and obligations
69imposed on the Licensee. Those obligations are the following: Attribution right: the Licensee shall keep intact all copyright, patent or trademarks notices
70and all notices that refer to the Licence and to the disclaimer of warranties. The Licensee must
71include a copy of such notices and a copy of the Licence with every copy of the Work he/she
72distributes and/or communicates. The Licensee must cause any Derivative Work to carry
73prominent notices stating that the Work has been modified and the date of modification.
74Copyleft clause: If the Licensee distributes and/or communicates copies of the Original
75Works or Derivative Works based upon the Original Work, this Distribution and/or
76Communication will be done under the terms of this Licence. The Licensee (becoming
77Licensor) cannot offer or impose any additional terms or conditions on the Work or
78Derivative Work that alter or restrict the terms of the Licence.
79Compatibility clause: If the Licensee Distributes and/or Communicates Derivative Works or
80copies thereof based upon both the Original Work and another work licensed under a
81Compatible Licence, this Distribution and/or Communication can be done under the terms of
82this Compatible Licence. For the sake of this clause, “Compatible Licence” refers to the
83licences listed in the appendix attached to this Licence. Should the Licensee’s obligations
84under the Compatible Licence conflict with his/her obligations under this Licence, the
85obligations of the Compatible Licence shall prevail.
86Provision of Source Code: When distributing and/or communicating copies of the Work, the
87Licensee will provide a machine-readable copy of the Source Code or indicate a repository
88where this Source will be easily and freely available for as long as the Licensee continues to
89distribute and/or communicate the Work.
90Legal Protection: This Licence does not grant permission to use the trade names, trademarks,
91service marks, or names of the Licensor, except as required for reasonable and customary use
92in describing the origin of the Work and reproducing the content of the copyright notice.
936. Chain of Authorship
94The original Licensor warrants that the copyright in the Original Work granted hereunder is
95owned by him/her or licensed to him/her and that he/she has the power and authority to grant
96the Licence.
97Each Contributor warrants that the copyright in the modifications he/she brings to the Work
98are owned by him/her or licensed to him/her and that he/she has the power and authority to
99grant the Licence.
100Each time You, as a Licensee, receive the Work, the original Licensor and subsequent
101Contributors grant You a licence to their contributions to the Work, under the terms of this
102Licence.
1037. Disclaimer of Warranty
104The Work is a work in progress, which is continuously improved by numerous contributors. It
105is not a finished work and may therefore contain defects or “bugs” inherent to this type of
106software development.
107For the above reason, the Work is provided under the Licence on an “as is” basis and without
108warranties of any kind concerning the Work, including without limitation merchantability,
109fitness for a particular purpose, absence of defects or errors, accuracy, non-infringement of
110intellectual 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
111any rights to the Work.
1128. Disclaimer of Liability
113Except in the cases of wilful misconduct or damages directly caused to natural persons, the
114Licensor will in no event be liable for any direct or indirect, material or moral, damages of
115any kind, arising out of the Licence or of the use of the Work, including without limitation,
116damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data or
117any commercial damage, even if the Licensor has been advised of the possibility of such
118damage. However, the Licensor will be liable under statutory product liability laws as far such
119laws apply to the Work.
1209. Additional agreements
121While distributing the Original Work or Derivative Works, You may choose to conclude an
122additional agreement to offer, and charge a fee for, acceptance of support, warranty,
123indemnity, or other liability obligations and/or services consistent with this Licence.
124However, in accepting such obligations, You may act only on your own behalf and on your
125sole responsibility, not on behalf of the original Licensor or any other Contributor, and only if
126You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred
127by, or claims asserted against such Contributor by the fact You have accepted any such
128warranty or additional liability.
12910. Acceptance of the Licence
130The provisions of this Licence can be accepted by clicking on an icon “I agree” placed under
131the bottom of a window displaying the text of this Licence or by affirming consent in any
132other similar way, in accordance with the rules of applicable law. Clicking on that icon
133indicates your clear and irrevocable acceptance of this Licence and all of its terms and
134conditions.
135Similarly, you irrevocably accept this Licence and all of its terms and conditions by
136exercising any rights granted to You by Article 2 of this Licence, such as the use of the Work,
137the creation by You of a Derivative Work or the Distribution and/or Communication by You
138of the Work or copies thereof.
13911. Information to the public
140In case of any Distribution and/or Communication of the Work by means of electronic
141communication by You (for example, by offering to download the Work from a remote
142location) the distribution channel or media (for example, a website) must at least provide to
143the public the information requested by the applicable law regarding the identification and
144address of the Licensor, the Licence and the way it may be accessible, concluded, stored and
145reproduced by the Licensee.
14612. Termination of the Licence
147The Licence and the rights granted hereunder will terminate automatically upon any breach by
148the Licensee of the terms of the Licence.
149Such a termination will not terminate the licences of any person who has received the Work
150from the Licensee under the Licence, provided such persons remain in full compliance with
151the Licence. 13. Miscellaneous
152Without prejudice of Article 9 above, the Licence represents the complete agreement between
153the Parties as to the Work licensed hereunder.
154If any provision of the Licence is invalid or unenforceable under applicable law, this will not
155affect the validity or enforceability of the Licence as a whole. Such provision will be
156construed and/or reformed so as necessary to make it valid and enforceable.
157The European Commission may put into force translations and/or binding new versions of
158this Licence, so far this is required and reasonable. New versions of the Licence will be
159published with a unique version number. The new version of the Licence becomes binding for
160You as soon as You become aware of its publication.
16114. Jurisdiction
162Any litigation resulting from the interpretation of this License, arising between the European
163Commission, as a Licensor, and any Licensee, will be subject to the jurisdiction of the Court
164of Justice of the European Communities, as laid down in article 238 of the Treaty establishing
165the European Community.
166Any litigation arising between Parties, other than the European Commission, and resulting
167from the interpretation of this License, will be subject to the exclusive jurisdiction of the
168competent court where the Licensor resides or conducts its primary business.
16915. Applicable Law
170This Licence shall be governed by the law of the European Union country where the Licensor
171resides or has his registered office.
172This licence shall be governed by the Belgian law if:
173− a litigation arises between the European Commission, as a Licensor, and any
174Licensee;
175− the Licensor, other than the European Commission, has no residence or registered
176office inside a European Union country.
177 ===Appendix
178“Compatible Licences” according to article 5 EUPL are:
179− General Public License (GPL) v. 2
180− Open Software License (OSL) v. 2.1, v. 3.0
181− Common Public License v. 1.0
182− Eclipse Public License v. 1.0
183− Cecill v. 2.0
184