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1
2European Union Public Licence
3V. 1.1
4EUPL © the European Community 2007
5This European Union Public Licence (the "EUPL") applies to the Work
6or Software
7(as defined below) which is provided under the terms of this Licence. Any use
8of the
9Work, other than as authorised under this Licence is prohibited (to the extent
10such use
11is covered by a right of the copyright holder of the Work).
12The Original Work is provided under the terms of this Licence when the Licensor
13(as
14defined below) has placed the following notice immediately following the
15copyright
16notice for the Original Work:
17Licensed under the EUPL V.1.1
18or has expressed by any other mean his willingness to license under the EUPL.
191. Definitions
20In this Licence, the following terms have the following meaning:
21- The Licence: this Licence.
22- The Original Work or the Software: the software distributed and/or
23communicated
24by the Licensor under this Licence, available as Source Code and also as
25Executable
26Code as the case may be.
27- Derivative Works: the works or software that could be created by the
28Licensee,
29based upon the Original Work or modifications thereof. This Licence does not
30define
31the extent of modification or dependence on the Original Work required in order
32to
33classify a work as a Derivative Work; this extent is determined by copyright
34law
35applicable in the country mentioned in Article 15.
36- The Work: the Original Work and/or its Derivative Works.
37- The Source Code: the human-readable form of the Work which is the most
38convenient for people to study and modify.
39- The Executable Code: any code which has generally been compiled and which is
40meant to be interpreted by a computer as a program.
41- The Licensor: the natural or legal person that distributes and/or
42communicates the
43Work under the Licence.
44- Contributor(s): any natural or legal person who modifies the Work under the
45Licence, or otherwise contributes to the creation of a Derivative Work.
46- The Licensee or "You": any natural or legal person who makes any
47usage of the
48Software under the terms of the Licence.
49- Distribution and/or Communication: any act of selling, giving, lending,
50renting,
51distributing, communicating, transmitting, or otherwise making available, on-
52line or
53off-line, copies of the Work or providing access to its essential
54functionalities at the
55disposal of any other natural or legal person.
562. Scope of the rights granted by the Licence
57The Licensor hereby grants You a world-wide, royalty-free, non-exclusive,
58sublicensable
59licence to do the following, for the duration of copyright vested in the
60Original Work:
61- use the Work in any circumstance and for all usage,
62- reproduce the Work,
63- modify the Original Work, and make Derivative Works based upon the Work,
64- communicate to the public, including the right to make available or display
65the
66Work or copies thereof to the public and perform publicly, as the case may be,
67the Work,
68- distribute the Work or copies thereof,
69- lend and rent the Work or copies thereof,
70- sub-license rights in the Work or copies thereof.
71Those rights can be exercised on any media, supports and formats, whether now
72known or later invented, as far as the applicable law permits so.
73In the countries where moral rights apply, the Licensor waives his right to
74exercise his
75moral right to the extent allowed by law in order to make effective the licence
76of the
77economic rights here above listed.
78The Licensor grants to the Licensee royalty-free, non exclusive usage rights to
79any
80patents held by the Licensor, to the extent necessary to make use of the rights
81granted
82on the Work under this Licence.
833. Communication of the Source Code
84The Licensor may provide the Work either in its Source Code form, or as
85Executable
86Code. If the Work is provided as Executable Code, the Licensor provides in
87addition a
88machine-readable copy of the Source Code of the Work along with each copy of
89the
90Work that the Licensor distributes or indicates, in a notice following the
91copyright
92notice attached to the Work, a repository where the Source Code is easily and
93freely
94accessible for as long as the Licensor continues to distribute and/or
95communicate the
96Work.
974. Limitations on copyright
98Nothing in this Licence is intended to deprive the Licensee of the benefits
99from any
100exception or limitation to the exclusive rights of the rights owners in the
101Original
102Work or Software, of the exhaustion of those rights or of other applicable
103limitations
104thereto.
1055. Obligations of the Licensee
106The grant of the rights mentioned above is subject to some restrictions and
107obligations
108imposed on the Licensee. Those obligations are the following:
109Attribution right: the Licensee shall keep intact all copyright, patent or
110trademarks
111notices and all notices that refer to the Licence and to the disclaimer of
112warranties.
113The Licensee must include a copy of such notices and a copy of the Licence with
114every copy of the Work he/she distributes and/or communicates. The Licensee
115must
116cause any Derivative Work to carry prominent notices stating that the Work has
117been
118modified and the date of modification.
119Copyleft clause: If the Licensee distributes and/or communicates copies of the
120Original Works or Derivative Works based upon the Original Work, this
121Distribution
122and/or Communication will be done under the terms of this Licence or of a later
123version of this Licence unless the Original Work is expressly distributed only
124under
125this version of the Licence. The Licensee (becoming Licensor) cannot offer or
126impose
127any additional terms or conditions on the Work or Derivative Work that alter or
128restrict the terms of the Licence.
129Compatibility clause: If the Licensee Distributes and/or Communicates
130Derivative
131Works or copies thereof based upon both the Original Work and another work
132licensed under a Compatible Licence, this Distribution and/or Communication can
133be
134done under the terms of this Compatible Licence. For the sake of this clause,
135"Compatible Licence" refers to the licences listed in the appendix
136attached to this
137Licence. Should the Licensee’s obligations under the Compatible Licence
138conflict
139with his/her obligations under this Licence, the obligations of the Compatible
140Licence
141shall prevail.
142Provision of Source Code: When distributing and/or communicating copies of the
143Work, the Licensee will provide a machine-readable copy of the Source Code or
144indicate a repository where this Source will be easily and freely available for
145as long
146as the Licensee continues to distribute and/or communicate the Work.
147Legal Protection: This Licence does not grant permission to use the trade
148names,
149trademarks, service marks, or names of the Licensor, except as required for
150reasonable and customary use in describing the origin of the Work and
151reproducing
152the content of the copyright notice.
1536. Chain of Authorship
154The original Licensor warrants that the copyright in the Original Work granted
155hereunder is owned by him/her or licensed to him/her and that he/she has the
156power
157and authority to grant the Licence.
158Each Contributor warrants that the copyright in the modifications he/she brings
159to the
160Work are owned by him/her or licensed to him/her and that he/she has the power
161and
162authority to grant the Licence.
163Each time You accept the Licence, the original Licensor and subsequent
164Contributors
165grant You a licence to their contributions to the Work, under the terms of this
166Licence.
1677. Disclaimer of Warranty
168The Work is a work in progress, which is continuously improved by numerous
169contributors. It is not a finished work and may therefore contain defects or
170"bugs"
171inherent to this type of software development.
172For the above reason, the Work is provided under the Licence on an "as
173is" basis and
174without warranties of any kind concerning the Work, including without
175limitation
176merchantability, fitness for a particular purpose, absence of defects or
177errors,
178accuracy, non-infringement of intellectual property rights other than copyright
179as
180stated in Article 6 of this Licence.
181This disclaimer of warranty is an essential part of the Licence and a condition
182for the
183grant of any rights to the Work.
1848. Disclaimer of Liability
185Except in the cases of wilful misconduct or damages directly caused to natural
186persons, the Licensor will in no event be liable for any direct or indirect,
187material or
188moral, damages of any kind, arising out of the Licence or of the use of the
189Work,
190including without limitation, damages for loss of goodwill, work stoppage,
191computer
192failure or malfunction, loss of data or any commercial damage, even if the
193Licensor
194has been advised of the possibility of such damage. However, the Licensor will
195be
196liable under statutory product liability laws as far such laws apply to the
197Work.
1989. Additional agreements
199While distributing the Original Work or Derivative Works, You may choose to
200conclude an additional agreement to offer, and charge a fee for, acceptance of
201support,
202warranty, indemnity, or other liability obligations and/or services consistent
203with this
204Licence. However, in accepting such obligations, You may act only on your own
205behalf and on your sole responsibility, not on behalf of the original Licensor
206or any
207other Contributor, and only if You agree to indemnify, defend, and hold each
208Contributor harmless for any liability incurred by, or claims asserted against
209such
210Contributor by the fact You have accepted any such warranty or additional
211liability.
21210. Acceptance of the Licence
213The provisions of this Licence can be accepted by clicking on an icon "I
214agree"
215placed under the bottom of a window displaying the text of this Licence or by
216affirming consent in any other similar way, in accordance with the rules of
217applicable
218law. Clicking on that icon indicates your clear and irrevocable acceptance of
219this
220Licence and all of its terms and conditions.
221Similarly, you irrevocably accept this Licence and all of its terms and
222conditions by
223exercising any rights granted to You by Article 2 of this Licence, such as the
224use of
225the Work, the creation by You of a Derivative Work or the Distribution and/or
226Communication by You of the Work or copies thereof.
22711. Information to the public
228In case of any Distribution and/or Communication of the Work by means of
229electronic
230communication by You (for example, by offering to download the Work from a
231remote location) the distribution channel or media (for example, a website)
232must at
233least provide to the public the information requested by the applicable law
234regarding
235the Licensor, the Licence and the way it may be accessible, concluded, stored
236and
237reproduced by the Licensee.
23812. Termination of the Licence
239The Licence and the rights granted hereunder will terminate automatically upon
240any
241breach by the Licensee of the terms of the Licence.
242Such a termination will not terminate the licences of any person who has
243received the
244Work from the Licensee under the Licence, provided such persons remain in full
245compliance with the Licence.
24613. Miscellaneous
247Without prejudice of Article 9 above, the Licence represents the complete
248agreement
249between the Parties as to the Work licensed hereunder.
250If any provision of the Licence is invalid or unenforceable under applicable
251law, this
252will not affect the validity or enforceability of the Licence as a whole. Such
253provision
254will be construed and/or reformed so as necessary to make it valid and
255enforceable.
256The European Commission may publish other linguistic versions and/or new
257versions
258of this Licence, so far this is required and reasonable, without reducing the
259scope of
260the rights granted by the Licence. New versions of the Licence will be
261published with
262a unique version number.
263All linguistic versions of this Licence, approved by the European Commission,
264have
265identical value. Parties can take advantage of the linguistic version of their
266choice.
26714. Jurisdiction
268Any litigation resulting from the interpretation of this License, arising
269between the
270European Commission, as a Licensor, and any Licensee, will be subject to the
271jurisdiction of the Court of Justice of the European Communities, as laid down
272in
273article 238 of the Treaty establishing the European Community.
274Any litigation arising between Parties, other than the European Commission, and
275resulting from the interpretation of this License, will be subject to the
276exclusive
277jurisdiction of the competent court where the Licensor resides or conducts its
278primary
279business.
28015. Applicable Law
281This Licence shall be governed by the law of the European Union country where
282the
283Licensor resides or has his registered office.
284This licence shall be governed by the Belgian law if:
285- a litigation arises between the European Commission, as a Licensor, and any
286Licensee;
287- the Licensor, other than the European Commission, has no residence or
288registered office inside a European Union country.
289===
290Appendix
291"Compatible Licences" according to article 5 EUPL are:
292- GNU General Public License (GNU GPL) v. 2
293- Open Software License (OSL) v. 2.1, v. 3.0
294- Common Public License v. 1.0
295- Eclipse Public License v. 1.0
296- Cecill v. 2.0
297
298
299
300
301
302