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1 | EUROPEAN UNION PUBLIC LICENCE v. 1.2 | ||
2 | EUPL © the European Union 2007, 2016 | ||
3 | |||
4 | This European Union Public Licence (the ‘EUPL’) applies to the Work (as defined below) which is provided under the | ||
5 | terms of this Licence. Any use of the Work, other than as authorised under this Licence is prohibited (to the extent such | ||
6 | use is covered by a right of the copyright holder of the Work). | ||
7 | The Work is provided under the terms of this Licence when the Licensor (as defined below) has placed the following | ||
8 | notice immediately following the copyright notice for the Work: | ||
9 | Licensed under the EUPL | ||
10 | or has expressed by any other means his willingness to license under the EUPL. | ||
11 | |||
12 | 1.Definitions | ||
13 | In this Licence, the following terms have the following meaning: | ||
14 | — ‘The Licence’:this Licence. | ||
15 | — ‘The Original Work’:the work or software distributed or communicated by the Licensor under this Licence, available | ||
16 | as Source Code and also as Executable Code as the case may be. | ||
17 | — ‘Derivative Works’:the works or software that could be created by the Licensee, based upon the Original Work or | ||
18 | modifications thereof. This Licence does not define the extent of modification or dependence on the Original Work | ||
19 | required in order to classify a work as a Derivative Work; this extent is determined by copyright law applicable in | ||
20 | the country mentioned in Article 15. | ||
21 | — ‘The Work’:the Original Work or its Derivative Works. | ||
22 | — ‘The Source Code’:the human-readable form of the Work which is the most convenient for people to study and | ||
23 | modify. | ||
24 | — ‘The Executable Code’:any code which has generally been compiled and which is meant to be interpreted by | ||
25 | a computer as a program. | ||
26 | — ‘The Licensor’:the natural or legal person that distributes or communicates the Work under the Licence. | ||
27 | — ‘Contributor(s)’:any natural or legal person who modifies the Work under the Licence, or otherwise contributes to | ||
28 | the creation of a Derivative Work. | ||
29 | — ‘The Licensee’ or ‘You’:any natural or legal person who makes any usage of the Work under the terms of the | ||
30 | Licence. | ||
31 | — ‘Distribution’ or ‘Communication’:any act of selling, giving, lending, renting, distributing, communicating, | ||
32 | transmitting, or otherwise making available, online or offline, copies of the Work or providing access to its essential | ||
33 | functionalities at the disposal of any other natural or legal person. | ||
34 | |||
35 | 2.Scope of the rights granted by the Licence | ||
36 | The Licensor hereby grants You a worldwide, royalty-free, non-exclusive, sublicensable licence to do the following, for | ||
37 | the duration of copyright vested in the Original Work: | ||
38 | — use the Work in any circumstance and for all usage, | ||
39 | — reproduce the Work, | ||
40 | — modify the Work, and make Derivative Works based upon the Work, | ||
41 | — communicate to the public, including the right to make available or display the Work or copies thereof to the public | ||
42 | and perform publicly, as the case may be, the Work, | ||
43 | — distribute the Work or copies thereof, | ||
44 | — lend and rent the Work or copies thereof, | ||
45 | — sublicense rights in the Work or copies thereof. | ||
46 | Those rights can be exercised on any media, supports and formats, whether now known or later invented, as far as the | ||
47 | applicable law permits so. | ||
48 | In the countries where moral rights apply, the Licensor waives his right to exercise his moral right to the extent allowed | ||
49 | by law in order to make effective the licence of the economic rights here above listed. | ||
50 | The Licensor grants to the Licensee royalty-free, non-exclusive usage rights to any patents held by the Licensor, to the | ||
51 | extent necessary to make use of the rights granted on the Work under this Licence. | ||
52 | |||
53 | 3.Communication of the Source Code | ||
54 | The Licensor may provide the Work either in its Source Code form, or as Executable Code. If the Work is provided as | ||
55 | Executable Code, the Licensor provides in addition a machine-readable copy of the Source Code of the Work along with | ||
56 | each copy of the Work that the Licensor distributes or indicates, in a notice following the copyright notice attached to | ||
57 | the Work, a repository where the Source Code is easily and freely accessible for as long as the Licensor continues to | ||
58 | distribute or communicate the Work. | ||
59 | |||
60 | 4.Limitations on copyright | ||
61 | Nothing in this Licence is intended to deprive the Licensee of the benefits from any exception or limitation to the | ||
62 | exclusive rights of the rights owners in the Work, of the exhaustion of those rights or of other applicable limitations | ||
63 | thereto. | ||
64 | |||
65 | 5.Obligations of the Licensee | ||
66 | The grant of the rights mentioned above is subject to some restrictions and obligations imposed on the Licensee. Those | ||
67 | obligations are the following: | ||
68 | |||
69 | Attribution right: The Licensee shall keep intact all copyright, patent or trademarks notices and all notices that refer to | ||
70 | the Licence and to the disclaimer of warranties. The Licensee must include a copy of such notices and a copy of the | ||
71 | Licence with every copy of the Work he/she distributes or communicates. The Licensee must cause any Derivative Work | ||
72 | to carry prominent notices stating that the Work has been modified and the date of modification. | ||
73 | |||
74 | Copyleft clause: If the Licensee distributes or communicates copies of the Original Works or Derivative Works, this | ||
75 | Distribution or Communication will be done under the terms of this Licence or of a later version of this Licence unless | ||
76 | the Original Work is expressly distributed only under this version of the Licence — for example by communicating | ||
77 | ‘EUPL v. 1.2 only’. The Licensee (becoming Licensor) cannot offer or impose any additional terms or conditions on the | ||
78 | Work or Derivative Work that alter or restrict the terms of the Licence. | ||
79 | |||
80 | Compatibility clause: If the Licensee Distributes or Communicates Derivative Works or copies thereof based upon both | ||
81 | the Work and another work licensed under a Compatible Licence, this Distribution or Communication can be done | ||
82 | under the terms of this Compatible Licence. For the sake of this clause, ‘Compatible Licence’ refers to the licences listed | ||
83 | in the appendix attached to this Licence. Should the Licensee's obligations under the Compatible Licence conflict with | ||
84 | his/her obligations under this Licence, the obligations of the Compatible Licence shall prevail. | ||
85 | |||
86 | Provision of Source Code: When distributing or communicating copies of the Work, the Licensee will provide | ||
87 | a machine-readable copy of the Source Code or indicate a repository where this Source will be easily and freely available | ||
88 | for as long as the Licensee continues to distribute or communicate the Work. | ||
89 | Legal Protection: This Licence does not grant permission to use the trade names, trademarks, service marks, or names | ||
90 | of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and | ||
91 | reproducing the content of the copyright notice. | ||
92 | |||
93 | 6.Chain of Authorship | ||
94 | The original Licensor warrants that the copyright in the Original Work granted hereunder is owned by him/her or | ||
95 | licensed to him/her and that he/she has the power and authority to grant the Licence. | ||
96 | Each Contributor warrants that the copyright in the modifications he/she brings to the Work are owned by him/her or | ||
97 | licensed to him/her and that he/she has the power and authority to grant the Licence. | ||
98 | Each time You accept the Licence, the original Licensor and subsequent Contributors grant You a licence to their contributions | ||
99 | to the Work, under the terms of this Licence. | ||
100 | |||
101 | 7.Disclaimer of Warranty | ||
102 | The Work is a work in progress, which is continuously improved by numerous Contributors. It is not a finished work | ||
103 | and may therefore contain defects or ‘bugs’ inherent to this type of development. | ||
104 | For the above reason, the Work is provided under the Licence on an ‘as is’ basis and without warranties of any kind | ||
105 | concerning the Work, including without limitation merchantability, fitness for a particular purpose, absence of defects or | ||
106 | errors, accuracy, non-infringement of intellectual property rights other than copyright as stated in Article 6 of this | ||
107 | Licence. | ||
108 | This disclaimer of warranty is an essential part of the Licence and a condition for the grant of any rights to the Work. | ||
109 | |||
110 | 8.Disclaimer of Liability | ||
111 | Except in the cases of wilful misconduct or damages directly caused to natural persons, the Licensor will in no event be | ||
112 | liable for any direct or indirect, material or moral, damages of any kind, arising out of the Licence or of the use of the | ||
113 | Work, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss | ||
114 | of data or any commercial damage, even if the Licensor has been advised of the possibility of such damage. However, | ||
115 | the Licensor will be liable under statutory product liability laws as far such laws apply to the Work. | ||
116 | |||
117 | 9.Additional agreements | ||
118 | While distributing the Work, You may choose to conclude an additional agreement, defining obligations or services | ||
119 | consistent with this Licence. However, if accepting obligations, You may act only on your own behalf and on your sole | ||
120 | responsibility, not on behalf of the original Licensor or any other Contributor, and only if You agree to indemnify, | ||
121 | defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against such Contributor by | ||
122 | the fact You have accepted any warranty or additional liability. | ||
123 | |||
124 | 10.Acceptance of the Licence | ||
125 | The provisions of this Licence can be accepted by clicking on an icon ‘I agree’ placed under the bottom of a window | ||
126 | displaying the text of this Licence or by affirming consent in any other similar way, in accordance with the rules of | ||
127 | applicable law. Clicking on that icon indicates your clear and irrevocable acceptance of this Licence and all of its terms | ||
128 | and conditions. | ||
129 | Similarly, you irrevocably accept this Licence and all of its terms and conditions by exercising any rights granted to You | ||
130 | by Article 2 of this Licence, such as the use of the Work, the creation by You of a Derivative Work or the Distribution | ||
131 | or Communication by You of the Work or copies thereof. | ||
132 | |||
133 | 11.Information to the public | ||
134 | In case of any Distribution or Communication of the Work by means of electronic communication by You (for example, | ||
135 | by offering to download the Work from a remote location) the distribution channel or media (for example, a website) | ||
136 | must at least provide to the public the information requested by the applicable law regarding the Licensor, the Licence | ||
137 | and the way it may be accessible, concluded, stored and reproduced by the Licensee. | ||
138 | |||
139 | 12.Termination of the Licence | ||
140 | The Licence and the rights granted hereunder will terminate automatically upon any breach by the Licensee of the terms | ||
141 | of the Licence. | ||
142 | Such a termination will not terminate the licences of any person who has received the Work from the Licensee under | ||
143 | the Licence, provided such persons remain in full compliance with the Licence. | ||
144 | |||
145 | 13.Miscellaneous | ||
146 | Without prejudice of Article 9 above, the Licence represents the complete agreement between the Parties as to the | ||
147 | Work. | ||
148 | If any provision of the Licence is invalid or unenforceable under applicable law, this will not affect the validity or | ||
149 | enforceability of the Licence as a whole. Such provision will be construed or reformed so as necessary to make it valid | ||
150 | and enforceable. | ||
151 | The European Commission may publish other linguistic versions or new versions of this Licence or updated versions of | ||
152 | the Appendix, so far this is required and reasonable, without reducing the scope of the rights granted by the Licence. | ||
153 | New versions of the Licence will be published with a unique version number. | ||
154 | All linguistic versions of this Licence, approved by the European Commission, have identical value. Parties can take | ||
155 | advantage of the linguistic version of their choice. | ||
156 | |||
157 | 14.Jurisdiction | ||
158 | Without prejudice to specific agreement between parties, | ||
159 | — any litigation resulting from the interpretation of this License, arising between the European Union institutions, | ||
160 | bodies, offices or agencies, as a Licensor, and any Licensee, will be subject to the jurisdiction of the Court of Justice | ||
161 | of the European Union, as laid down in article 272 of the Treaty on the Functioning of the European Union, | ||
162 | — any litigation arising between other parties and resulting from the interpretation of this License, will be subject to | ||
163 | the exclusive jurisdiction of the competent court where the Licensor resides or conducts its primary business. | ||
164 | |||
165 | 15.Applicable Law | ||
166 | Without prejudice to specific agreement between parties, | ||
167 | — this Licence shall be governed by the law of the European Union Member State where the Licensor has his seat, | ||
168 | resides or has his registered office, | ||
169 | — this licence shall be governed by Belgian law if the Licensor has no seat, residence or registered office inside | ||
170 | a European Union Member State. | ||
171 | |||
172 | |||
173 | Appendix | ||
174 | |||
175 | ‘Compatible Licences’ according to Article 5 EUPL are: | ||
176 | — GNU General Public License (GPL) v. 2, v. 3 | ||
177 | — GNU Affero General Public License (AGPL) v. 3 | ||
178 | — Open Software License (OSL) v. 2.1, v. 3.0 | ||
179 | — Eclipse Public License (EPL) v. 1.0 | ||
180 | — CeCILL v. 2.0, v. 2.1 | ||
181 | — Mozilla Public Licence (MPL) v. 2 | ||
182 | — GNU Lesser General Public Licence (LGPL) v. 2.1, v. 3 | ||
183 | — Creative Commons Attribution-ShareAlike v. 3.0 Unported (CC BY-SA 3.0) for works other than software | ||
184 | — European Union Public Licence (EUPL) v. 1.1, v. 1.2 | ||
185 | — Québec Free and Open-Source Licence — Reciprocity (LiLiQ-R) or Strong Reciprocity (LiLiQ-R+). | ||
186 | |||
187 | The European Commission may update this Appendix to later versions of the above licences without producing | ||
188 | a new version of the EUPL, as long as they provide the rights granted in Article 2 of this Licence and protect the | ||
189 | covered Source Code from exclusive appropriation. | ||
190 | All other changes or additions to this Appendix require the production of a new EUPL version. | ||