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2 | European Union Public Licence | ||
3 | V. 1.1 | ||
4 | EUPL © the European Community 2007 | ||
5 | This European Union Public Licence (the “EUPL”) applies to the Work or Software | ||
6 | (as defined below) which is provided under the terms of this Licence. Any use of the | ||
7 | Work, other than as authorised under this Licence is prohibited (to the extent such use | ||
8 | is covered by a right of the copyright holder of the Work). | ||
9 | The Original Work is provided under the terms of this Licence when the Licensor (as | ||
10 | defined below) has placed the following notice immediately following the copyright | ||
11 | notice for the Original Work: | ||
12 | Licensed under the EUPL V.1.1 | ||
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 | ||
18 | by 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, | ||
21 | based upon the Original Work or modifications thereof. This Licence does not define | ||
22 | the 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. | ||
36 | - Distribution and/or Communication: any act of selling, giving, lending, renting, | ||
37 | distributing, communicating, transmitting, or otherwise making available, on-line or | ||
38 | off-line, copies of the Work or providing access to its essential functionalities at the | ||
39 | disposal of any other natural or legal person. | ||
40 | 2. Scope of the rights granted by the Licence | ||
41 | The Licensor hereby grants You a world-wide, royalty-free, non-exclusive, sublicensable | ||
42 | licence to do the following, for the duration of copyright vested in the | ||
43 | Original Work: | ||
44 | - use the Work in any circumstance and for all usage, | ||
45 | - reproduce the Work, | ||
46 | - modify the Original Work, and make Derivative Works based upon the Work, | ||
47 | - communicate to the public, including the right to make available or display the | ||
48 | Work or copies thereof to the public and perform publicly, as the case may be, | ||
49 | the Work, | ||
50 | - distribute the Work or copies thereof, | ||
51 | - lend and rent the Work or copies thereof, | ||
52 | - sub-license rights in the Work or copies thereof. | ||
53 | Those rights can be exercised on any media, supports and formats, whether now | ||
54 | known or later invented, as far as the applicable law permits so. | ||
55 | In the countries where moral rights apply, the Licensor waives his right to exercise his | ||
56 | moral right to the extent allowed by law in order to make effective the licence of the | ||
57 | economic rights here above listed. | ||
58 | The Licensor grants to the Licensee royalty-free, non exclusive usage rights to any | ||
59 | patents held by the Licensor, to the extent necessary to make use of the rights granted | ||
60 | on the Work under this Licence. | ||
61 | 3. Communication of the Source Code | ||
62 | The Licensor may provide the Work either in its Source Code form, or as Executable | ||
63 | Code. If the Work is provided as Executable Code, the Licensor provides in addition a | ||
64 | machine-readable copy of the Source Code of the Work along with each copy of the | ||
65 | Work that the Licensor distributes or indicates, in a notice following the copyright | ||
66 | notice attached to the Work, a repository where the Source Code is easily and freely | ||
67 | accessible for as long as the Licensor continues to distribute and/or communicate the | ||
68 | Work. | ||
69 | 4. Limitations on copyright | ||
70 | Nothing in this Licence is intended to deprive the Licensee of the benefits from any | ||
71 | exception or limitation to the exclusive rights of the rights owners in the Original | ||
72 | Work or Software, of the exhaustion of those rights or of other applicable limitations | ||
73 | thereto. | ||
74 | 5. Obligations of the Licensee | ||
75 | The grant of the rights mentioned above is subject to some restrictions and obligations | ||
76 | imposed on the Licensee. Those obligations are the following: | ||
77 | Attribution right: the Licensee shall keep intact all copyright, patent or trademarks | ||
78 | notices and all notices that refer to the Licence and to the disclaimer of warranties. | ||
79 | The Licensee must include a copy of such notices and a copy of the Licence with | ||
80 | every copy of the Work he/she distributes and/or communicates. The Licensee must | ||
81 | cause any Derivative Work to carry prominent notices stating that the Work has been | ||
82 | modified and the date of modification. | ||
83 | Copyleft clause: If the Licensee distributes and/or communicates copies of the | ||
84 | Original Works or Derivative Works based upon the Original Work, this Distribution | ||
85 | and/or Communication will be done under the terms of this Licence or of a later | ||
86 | version of this Licence unless the Original Work is expressly distributed only under | ||
87 | this version of the Licence. The Licensee (becoming Licensor) cannot offer or impose | ||
88 | any additional terms or conditions on the Work or Derivative Work that alter or | ||
89 | restrict the terms of the Licence. | ||
90 | Compatibility clause: If the Licensee Distributes and/or Communicates Derivative | ||
91 | Works or copies thereof based upon both the Original Work and another work | ||
92 | licensed under a Compatible Licence, this Distribution and/or Communication can be | ||
93 | done under the terms of this Compatible Licence. For the sake of this clause, | ||
94 | “Compatible Licence” refers to the licences listed in the appendix attached to this | ||
95 | Licence. Should the Licensee’s obligations under the Compatible Licence conflict | ||
96 | with his/her obligations under this Licence, the obligations of the Compatible Licence | ||
97 | shall prevail. | ||
98 | Provision of Source Code: When distributing and/or communicating copies of the | ||
99 | Work, the Licensee will provide a machine-readable copy of the Source Code or | ||
100 | indicate a repository where this Source will be easily and freely available for as long | ||
101 | as the Licensee continues to distribute and/or communicate the Work. | ||
102 | Legal Protection: This Licence does not grant permission to use the trade names, | ||
103 | trademarks, service marks, or names of the Licensor, except as required for | ||
104 | reasonable and customary use in describing the origin of the Work and reproducing | ||
105 | the content of the copyright notice. | ||
106 | 6. Chain of Authorship | ||
107 | The original Licensor warrants that the copyright in the Original Work granted | ||
108 | hereunder is owned by him/her or licensed to him/her and that he/she has the power | ||
109 | and authority to grant the Licence. | ||
110 | Each Contributor warrants that the copyright in the modifications he/she brings to the | ||
111 | Work are owned by him/her or licensed to him/her and that he/she has the power and | ||
112 | authority to grant the Licence. | ||
113 | Each time You accept the Licence, the original Licensor and subsequent Contributors | ||
114 | grant You a licence to their contributions to the Work, under the terms of this | ||
115 | Licence. | ||
116 | 7. Disclaimer of Warranty | ||
117 | The Work is a work in progress, which is continuously improved by numerous | ||
118 | contributors. It is not a finished work and may therefore contain defects or “bugs” | ||
119 | inherent to this type of software development. | ||
120 | For the above reason, the Work is provided under the Licence on an “as is” basis and | ||
121 | without warranties of any kind concerning the Work, including without limitation | ||
122 | merchantability, fitness for a particular purpose, absence of defects or errors, | ||
123 | accuracy, non-infringement of intellectual property rights other than copyright as | ||
124 | stated in Article 6 of this Licence. | ||
125 | This disclaimer of warranty is an essential part of the Licence and a condition for the | ||
126 | grant of any rights to the Work. | ||
127 | 8. Disclaimer of Liability | ||
128 | Except in the cases of wilful misconduct or damages directly caused to natural | ||
129 | persons, the Licensor will in no event be liable for any direct or indirect, material or | ||
130 | moral, damages of any kind, arising out of the Licence or of the use of the Work, | ||
131 | including without limitation, damages for loss of goodwill, work stoppage, computer | ||
132 | failure or malfunction, loss of data or any commercial damage, even if the Licensor | ||
133 | has been advised of the possibility of such damage. However, the Licensor will be | ||
134 | liable under statutory product liability laws as far such laws apply to the Work. | ||
135 | 9. Additional agreements | ||
136 | While distributing the Original Work or Derivative Works, You may choose to | ||
137 | conclude an additional agreement to offer, and charge a fee for, acceptance of support, | ||
138 | warranty, indemnity, or other liability obligations and/or services consistent with this | ||
139 | Licence. However, in accepting such obligations, You may act only on your own | ||
140 | behalf and on your sole responsibility, not on behalf of the original Licensor or any | ||
141 | other Contributor, and only if You agree to indemnify, defend, and hold each | ||
142 | Contributor harmless for any liability incurred by, or claims asserted against such | ||
143 | Contributor by the fact You have accepted any such warranty or additional liability. | ||
144 | 10. Acceptance of the Licence | ||
145 | The provisions of this Licence can be accepted by clicking on an icon “I agree” | ||
146 | placed under the bottom of a window displaying the text of this Licence or by | ||
147 | affirming consent in any other similar way, in accordance with the rules of applicable | ||
148 | law. Clicking on that icon indicates your clear and irrevocable acceptance of this | ||
149 | Licence and all of its terms and conditions. | ||
150 | Similarly, you irrevocably accept this Licence and all of its terms and conditions by | ||
151 | exercising any rights granted to You by Article 2 of this Licence, such as the use of | ||
152 | the Work, the creation by You of a Derivative Work or the Distribution and/or | ||
153 | Communication by You of the Work or copies thereof. | ||
154 | 11. Information to the public | ||
155 | In case of any Distribution and/or Communication of the Work by means of electronic | ||
156 | communication by You (for example, by offering to download the Work from a | ||
157 | remote location) the distribution channel or media (for example, a website) must at | ||
158 | least provide to the public the information requested by the applicable law regarding | ||
159 | the Licensor, the Licence and the way it may be accessible, concluded, stored and | ||
160 | reproduced by the Licensee. | ||
161 | 12. Termination of the Licence | ||
162 | The Licence and the rights granted hereunder will terminate automatically upon any | ||
163 | breach by the Licensee of the terms of the Licence. | ||
164 | Such a termination will not terminate the licences of any person who has received the | ||
165 | Work from the Licensee under the Licence, provided such persons remain in full | ||
166 | compliance with the Licence. | ||
167 | 13. Miscellaneous | ||
168 | Without prejudice of Article 9 above, the Licence represents the complete agreement | ||
169 | between the Parties as to the Work licensed hereunder. | ||
170 | If any provision of the Licence is invalid or unenforceable under applicable law, this | ||
171 | will not affect the validity or enforceability of the Licence as a whole. Such provision | ||
172 | will be construed and/or reformed so as necessary to make it valid and enforceable. | ||
173 | The European Commission may publish other linguistic versions and/or new versions | ||
174 | of this Licence, so far this is required and reasonable, without reducing the scope of | ||
175 | the rights granted by the Licence. New versions of the Licence will be published with | ||
176 | a unique version number. | ||
177 | All linguistic versions of this Licence, approved by the European Commission, have | ||
178 | identical value. Parties can take advantage of the linguistic version of their choice. | ||
179 | 14. Jurisdiction | ||
180 | Any litigation resulting from the interpretation of this License, arising between the | ||
181 | European Commission, as a Licensor, and any Licensee, will be subject to the | ||
182 | jurisdiction of the Court of Justice of the European Communities, as laid down in | ||
183 | article 238 of the Treaty establishing the European Community. | ||
184 | Any litigation arising between Parties, other than the European Commission, and | ||
185 | resulting from the interpretation of this License, will be subject to the exclusive | ||
186 | jurisdiction of the competent court where the Licensor resides or conducts its primary | ||
187 | business. | ||
188 | 15. Applicable Law | ||
189 | This Licence shall be governed by the law of the European Union country where the | ||
190 | Licensor resides or has his registered office. | ||
191 | This licence shall be governed by the Belgian law if: | ||
192 | - a litigation arises between the European Commission, as a Licensor, and any | ||
193 | Licensee; | ||
194 | - the Licensor, other than the European Commission, has no residence or | ||
195 | registered office inside a European Union country. | ||
196 | === | ||
197 | Appendix | ||
198 | “Compatible Licences” according to article 5 EUPL are: | ||
199 | - GNU General Public License (GNU GPL) v. 2 | ||
200 | - Open Software License (OSL) v. 2.1, v. 3.0 | ||
201 | - Common Public License v. 1.0 | ||
202 | - Eclipse Public License v. 1.0 | ||
203 | - Cecill v. 2.0 | ||
204 | |||