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