185 lines
13 KiB
Plaintext
185 lines
13 KiB
Plaintext
|
|
European Union Public Licence
|
|
V.1.0
|
|
EUPL © the European Community 2007
|
|
This European Union Public Licence (the “EUPL”) applies to the Work or Software (as
|
|
defined below) which is provided under the terms of this Licence. Any use of the Work, other
|
|
than as authorised under this Licence is prohibited (to the extent such use is covered by a right
|
|
of the copyright holder of the Work).
|
|
The Original Work is provided under the terms of this Licence when the Licensor (as defined
|
|
below) has placed the following notice immediately following the copyright notice for the
|
|
Original Work:
|
|
Licensed under the EUPL V.1.0
|
|
or has expressed by any other mean his willingness to license under the EUPL.
|
|
1. Definitions
|
|
In this Licence, the following terms have the following meaning:
|
|
− The Licence: this Licence.
|
|
− The Original Work or the Software: the software distributed and/or communicated by
|
|
the Licensor under this Licence, available as Source Code and also as Executable
|
|
Code as the case may be.
|
|
− Derivative Works: the works or software that could be created by the Licensee, based
|
|
upon the Original Work or modifications thereof. This Licence does not define the
|
|
extent of modification or dependence on the Original Work required in order to
|
|
classify a work as a Derivative Work; this extent is determined by copyright law
|
|
applicable in the country mentioned in Article 15.
|
|
− The Work: the Original Work and/or its Derivative Works.
|
|
− The Source Code: the human-readable form of the Work which is the most
|
|
convenient for people to study and modify.
|
|
− The Executable Code: any code which has generally been compiled and which is
|
|
meant to be interpreted by a computer as a program.
|
|
− The Licensor: the natural or legal person that distributes and/or communicates the
|
|
Work under the Licence.
|
|
− Contributor(s): any natural or legal person who modifies the Work under the
|
|
Licence, or otherwise contributes to the creation of a Derivative Work.
|
|
− The Licensee or “You”: any natural or legal person who makes any usage of the
|
|
Software under the terms of the Licence. − Distribution and/or Communication: any act of selling, giving, lending, renting,
|
|
distributing, communicating, transmitting, or otherwise making available, on-line or
|
|
off-line, copies of the Work at the disposal of any other natural or legal person.
|
|
2. Scope of the rights granted by the Licence
|
|
The Licensor hereby grants You a world-wide, royalty-free, non-exclusive, sub-licensable
|
|
licence to do the following, for the duration of copyright vested in the Original Work:
|
|
− use the Work in any circumstance and for all usage,
|
|
− reproduce the Work,
|
|
− modify the Original Work, and make Derivative Works based upon the Work,
|
|
− communicate to the public, including the right to make available or display the Work
|
|
or copies thereof to the public and perform publicly, as the case may be, the Work,
|
|
− distribute the Work or copies thereof,
|
|
− lend and rent the Work or copies thereof,
|
|
− sub-license rights in the Work or copies thereof.
|
|
Those rights can be exercised on any media, supports and formats, whether now known or
|
|
later invented, as far as the applicable law permits so.
|
|
In the countries where moral rights apply, the Licensor waives his right to exercise his moral
|
|
right to the extent allowed by law in order to make effective the licence of the economic rights
|
|
here above listed.
|
|
The Licensor grants to the Licensee royalty-free, non exclusive usage rights to any patents
|
|
held by the Licensor, to the extent necessary to make use of the rights granted on the Work
|
|
under this Licence.
|
|
3. Communication of the Source Code
|
|
The Licensor may provide the Work either in its Source Code form, or as Executable Code. If
|
|
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
|
|
Licensor distributes or indicates, in a notice following the copyright notice attached to the
|
|
Work, a repository where the Source Code is easily and freely accessible for as long as the
|
|
Licensor continues to distribute and/or communicate the Work.
|
|
4. Limitations on copyright
|
|
Nothing in this Licence is intended to deprive the Licensee of the benefits from any exception
|
|
or limitation to the exclusive rights of the rights owners in the Original Work or Software, of
|
|
the exhaustion of those rights or of other applicable limitations thereto.
|
|
5. Obligations of the Licensee
|
|
The grant of the rights mentioned above is subject to some restrictions and obligations
|
|
imposed on the Licensee. Those obligations are the following: Attribution right: the Licensee shall keep intact all copyright, patent or trademarks notices
|
|
and all notices that refer to the Licence and to the disclaimer of warranties. The Licensee must
|
|
include a copy of such notices and a copy of the Licence with every copy of the Work he/she
|
|
distributes and/or communicates. The Licensee must cause any Derivative Work to carry
|
|
prominent notices stating that the Work has been modified and the date of modification.
|
|
Copyleft clause: If the Licensee distributes and/or communicates copies of the Original
|
|
Works or Derivative Works based upon the Original Work, this Distribution and/or
|
|
Communication will be done under the terms of this Licence. The Licensee (becoming
|
|
Licensor) cannot offer or impose any additional terms or conditions on the Work or
|
|
Derivative Work that alter or restrict the terms of the Licence.
|
|
Compatibility clause: If the Licensee Distributes and/or Communicates Derivative Works or
|
|
copies thereof based upon both the Original Work and another work licensed under a
|
|
Compatible Licence, this Distribution and/or Communication can be done under the terms of
|
|
this Compatible Licence. For the sake of this clause, “Compatible Licence” refers to the
|
|
licences listed in the appendix attached to this Licence. Should the Licensee’s obligations
|
|
under the Compatible Licence conflict with his/her obligations under this Licence, the
|
|
obligations of the Compatible Licence shall prevail.
|
|
Provision of Source Code: When distributing and/or communicating copies of the Work, the
|
|
Licensee will provide a machine-readable copy of the Source Code or indicate a repository
|
|
where this Source will be easily and freely available for as long as the Licensee continues to
|
|
distribute and/or communicate the Work.
|
|
Legal Protection: This Licence does not grant permission to use the trade names, trademarks,
|
|
service marks, or names of the Licensor, except as required for reasonable and customary use
|
|
in describing the origin of the Work and reproducing the content of the copyright notice.
|
|
6. Chain of Authorship
|
|
The original Licensor warrants that the copyright in the Original Work granted hereunder is
|
|
owned by him/her or licensed to him/her and that he/she has the power and authority to grant
|
|
the Licence.
|
|
Each Contributor warrants that the copyright in the modifications he/she brings to the Work
|
|
are owned by him/her or licensed to him/her and that he/she has the power and authority to
|
|
grant the Licence.
|
|
Each time You, as a Licensee, receive the Work, the original Licensor and subsequent
|
|
Contributors grant You a licence to their contributions to the Work, under the terms of this
|
|
Licence.
|
|
7. Disclaimer of Warranty
|
|
The Work is a work in progress, which is continuously improved by numerous contributors. It
|
|
is not a finished work and may therefore contain defects or “bugs” inherent to this type of
|
|
software development.
|
|
For the above reason, the Work is provided under the Licence on an “as is” basis and without
|
|
warranties of any kind concerning the Work, including without limitation merchantability,
|
|
fitness for a particular purpose, absence of defects or errors, accuracy, non-infringement of
|
|
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
|
|
any rights to the Work.
|
|
8. Disclaimer of Liability
|
|
Except in the cases of wilful misconduct or damages directly caused to natural persons, the
|
|
Licensor will in no event be liable for any direct or indirect, material or moral, damages of
|
|
any kind, arising out of the Licence or of the use of the Work, including without limitation,
|
|
damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data or
|
|
any commercial damage, even if the Licensor has been advised of the possibility of such
|
|
damage. However, the Licensor will be liable under statutory product liability laws as far such
|
|
laws apply to the Work.
|
|
9. Additional agreements
|
|
While distributing the Original Work or Derivative Works, You may choose to conclude an
|
|
additional agreement to offer, and charge a fee for, acceptance of support, warranty,
|
|
indemnity, or other liability obligations and/or services consistent with this Licence.
|
|
However, in accepting such obligations, You may act only on your own behalf and on your
|
|
sole responsibility, not on behalf of the original Licensor or any other Contributor, and only if
|
|
You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred
|
|
by, or claims asserted against such Contributor by the fact You have accepted any such
|
|
warranty or additional liability.
|
|
10. Acceptance of the Licence
|
|
The provisions of this Licence can be accepted by clicking on an icon “I agree” placed under
|
|
the bottom of a window displaying the text of this Licence or by affirming consent in any
|
|
other similar way, in accordance with the rules of applicable law. Clicking on that icon
|
|
indicates your clear and irrevocable acceptance of this Licence and all of its terms and
|
|
conditions.
|
|
Similarly, you irrevocably accept this Licence and all of its terms and conditions by
|
|
exercising any rights granted to You by Article 2 of this Licence, such as the use of the Work,
|
|
the creation by You of a Derivative Work or the Distribution and/or Communication by You
|
|
of the Work or copies thereof.
|
|
11. Information to the public
|
|
In case of any Distribution and/or Communication of the Work by means of electronic
|
|
communication by You (for example, by offering to download the Work from a remote
|
|
location) the distribution channel or media (for example, a website) must at least provide to
|
|
the public the information requested by the applicable law regarding the identification and
|
|
address of the Licensor, the Licence and the way it may be accessible, concluded, stored and
|
|
reproduced by the Licensee.
|
|
12. Termination of the Licence
|
|
The Licence and the rights granted hereunder will terminate automatically upon any breach by
|
|
the Licensee of the terms of the Licence.
|
|
Such a termination will not terminate the licences of any person who has received the Work
|
|
from the Licensee under the Licence, provided such persons remain in full compliance with
|
|
the Licence. 13. Miscellaneous
|
|
Without prejudice of Article 9 above, the Licence represents the complete agreement between
|
|
the Parties as to the Work licensed hereunder.
|
|
If any provision of the Licence is invalid or unenforceable under applicable law, this will not
|
|
affect the validity or enforceability of the Licence as a whole. Such provision will be
|
|
construed and/or reformed so as necessary to make it valid and enforceable.
|
|
The European Commission may put into force translations and/or binding new versions of
|
|
this Licence, so far this is required and reasonable. New versions of the Licence will be
|
|
published with a unique version number. The new version of the Licence becomes binding for
|
|
You as soon as You become aware of its publication.
|
|
14. Jurisdiction
|
|
Any litigation resulting from the interpretation of this License, arising between the European
|
|
Commission, as a Licensor, and any Licensee, will be subject to the jurisdiction of the Court
|
|
of Justice of the European Communities, as laid down in article 238 of the Treaty establishing
|
|
the European Community.
|
|
Any litigation arising between Parties, other than the European Commission, and resulting
|
|
from the interpretation of this License, will be subject to the exclusive jurisdiction of the
|
|
competent court where the Licensor resides or conducts its primary business.
|
|
15. Applicable Law
|
|
This Licence shall be governed by the law of the European Union country where the Licensor
|
|
resides or has his registered office.
|
|
This licence shall be governed by the Belgian law if:
|
|
− a litigation arises between the European Commission, as a Licensor, and any
|
|
Licensee;
|
|
− the Licensor, other than the European Commission, has no residence or registered
|
|
office inside a European Union country.
|
|
===Appendix
|
|
“Compatible Licences” according to article 5 EUPL are:
|
|
− General Public License (GPL) v. 2
|
|
− Open Software License (OSL) v. 2.1, v. 3.0
|
|
− Common Public License v. 1.0
|
|
− Eclipse Public License v. 1.0
|
|
− Cecill v. 2.0
|
|
|