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1 EUROPEAN UNION PUBLIC LICENCE v. 1.2
2 EUPL © the European Union 2007, 2016
3
4This European Union Public Licence (the ‘EUPL’) applies to the Work (as defined
5below) which is provided under the terms of this Licence. Any use of the Work,
6other than as authorised under this Licence is prohibited (to the extent such
7use is covered by a right of the copyright holder of the Work).
8
9The Work is provided under the terms of this Licence when the Licensor (as
10defined below) has placed the following notice immediately following the
11copyright notice for the Work:
12
13 Licensed under the EUPL
14
15or has expressed by any other means his willingness to license under the EUPL.
16
171. Definitions
18
19In this Licence, the following terms have the following meaning:
20
21- ‘The Licence’: this Licence.
22
23- ‘The Original Work’: the work or software distributed or communicated by the
24 Licensor under this Licence, available as Source Code and also as Executable
25 Code as the case may be.
26
27- ‘Derivative Works’: the works or software that could be created by the
28 Licensee, based upon the Original Work or modifications thereof. This Licence
29 does not define the extent of modification or dependence on the Original Work
30 required in order to classify a work as a Derivative Work; this extent is
31 determined by copyright law applicable in the country mentioned in Article 15.
32
33- ‘The Work’: the Original Work or its Derivative Works.
34
35- ‘The Source Code’: the human-readable form of the Work which is the most
36 convenient for people to study and modify.
37
38- ‘The Executable Code’: any code which has generally been compiled and which is
39 meant to be interpreted by a computer as a program.
40
41- ‘The Licensor’: the natural or legal person that distributes or communicates
42 the Work under the Licence.
43
44- ‘Contributor(s)’: any natural or legal person who modifies the Work under the
45 Licence, or otherwise contributes to the creation of a Derivative Work.
46
47- ‘The Licensee’ or ‘You’: any natural or legal person who makes any usage of
48 the Work under the terms of the Licence.
49
50- ‘Distribution’ or ‘Communication’: any act of selling, giving, lending,
51 renting, distributing, communicating, transmitting, or otherwise making
52 available, online or offline, copies of the Work or providing access to its
53 essential functionalities at the disposal of any other natural or legal
54 person.
55
562. Scope of the rights granted by the Licence
57
58The Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
59sublicensable licence to do the following, for the duration of copyright vested
60in the Original Work:
61
62- use the Work in any circumstance and for all usage,
63- reproduce the Work,
64- modify the Work, and make Derivative Works based upon the Work,
65- communicate to the public, including the right to make available or display
66 the Work or copies thereof to the public and perform publicly, as the case may
67 be, the Work,
68- distribute the Work or copies thereof,
69- lend and rent the Work or copies thereof,
70- sublicense rights in the Work or copies thereof.
71
72Those rights can be exercised on any media, supports and formats, whether now
73known or later invented, as far as the applicable law permits so.
74
75In the countries where moral rights apply, the Licensor waives his right to
76exercise his moral right to the extent allowed by law in order to make effective
77the licence of the economic rights here above listed.
78
79The Licensor grants to the Licensee royalty-free, non-exclusive usage rights to
80any patents held by the Licensor, to the extent necessary to make use of the
81rights granted on the Work under this Licence.
82
833. Communication of the Source Code
84
85The Licensor may provide the Work either in its Source Code form, or as
86Executable Code. If the Work is provided as Executable Code, the Licensor
87provides in addition a machine-readable copy of the Source Code of the Work
88along with each copy of the Work that the Licensor distributes or indicates, in
89a notice following the copyright notice attached to the Work, a repository where
90the Source Code is easily and freely accessible for as long as the Licensor
91continues to distribute or communicate the Work.
92
934. Limitations on copyright
94
95Nothing in this Licence is intended to deprive the Licensee of the benefits from
96any exception or limitation to the exclusive rights of the rights owners in the
97Work, of the exhaustion of those rights or of other applicable limitations
98thereto.
99
1005. Obligations of the Licensee
101
102The grant of the rights mentioned above is subject to some restrictions and
103obligations imposed on the Licensee. Those obligations are the following:
104
105Attribution right: The Licensee shall keep intact all copyright, patent or
106trademarks notices and all notices that refer to the Licence and to the
107disclaimer of warranties. The Licensee must include a copy of such notices and a
108copy of the Licence with every copy of the Work he/she distributes or
109communicates. The Licensee must cause any Derivative Work to carry prominent
110notices stating that the Work has been modified and the date of modification.
111
112Copyleft clause: If the Licensee distributes or communicates copies of the
113Original Works or Derivative Works, this Distribution or Communication will be
114done under the terms of this Licence or of a later version of this Licence
115unless the Original Work is expressly distributed only under this version of the
116Licence — for example by communicating ‘EUPL v. 1.2 only’. The Licensee
117(becoming Licensor) cannot offer or impose any additional terms or conditions on
118the Work or Derivative Work that alter or restrict the terms of the Licence.
119
120Compatibility clause: If the Licensee Distributes or Communicates Derivative
121Works or copies thereof based upon both the Work and another work licensed under
122a Compatible Licence, this Distribution or Communication can be done under the
123terms of this Compatible Licence. For the sake of this clause, ‘Compatible
124Licence’ refers to the licences listed in the appendix attached to this Licence.
125Should the Licensee's obligations under the Compatible Licence conflict with
126his/her obligations under this Licence, the obligations of the Compatible
127Licence shall prevail.
128
129Provision of Source Code: When distributing or communicating copies of the Work,
130the Licensee will provide a machine-readable copy of the Source Code or indicate
131a repository where this Source will be easily and freely available for as long
132as the Licensee continues to distribute or communicate the Work.
133
134Legal Protection: This Licence does not grant permission to use the trade names,
135trademarks, service marks, or names of the Licensor, except as required for
136reasonable and customary use in describing the origin of the Work and
137reproducing the content of the copyright notice.
138
1396. Chain of Authorship
140
141The original Licensor warrants that the copyright in the Original Work granted
142hereunder is owned by him/her or licensed to him/her and that he/she has the
143power and authority to grant the Licence.
144
145Each Contributor warrants that the copyright in the modifications he/she brings
146to the Work are owned by him/her or licensed to him/her and that he/she has the
147power and authority to grant the Licence.
148
149Each time You accept the Licence, the original Licensor and subsequent
150Contributors grant You a licence to their contributions to the Work, under the
151terms of this Licence.
152
1537. Disclaimer of Warranty
154
155The Work is a work in progress, which is continuously improved by numerous
156Contributors. It is not a finished work and may therefore contain defects or
157‘bugs’ inherent to this type of development.
158
159For the above reason, the Work is provided under the Licence on an ‘as is’ basis
160and without warranties of any kind concerning the Work, including without
161limitation merchantability, fitness for a particular purpose, absence of defects
162or errors, accuracy, non-infringement of intellectual property rights other than
163copyright as stated in Article 6 of this Licence.
164
165This disclaimer of warranty is an essential part of the Licence and a condition
166for the grant of any rights to the Work.
167
1688. Disclaimer of Liability
169
170Except in the cases of wilful misconduct or damages directly caused to natural
171persons, the Licensor will in no event be liable for any direct or indirect,
172material or moral, damages of any kind, arising out of the Licence or of the use
173of the Work, including without limitation, damages for loss of goodwill, work
174stoppage, computer failure or malfunction, loss of data or any commercial
175damage, even if the Licensor has been advised of the possibility of such damage.
176However, the Licensor will be liable under statutory product liability laws as
177far such laws apply to the Work.
178
1799. Additional agreements
180
181While distributing the Work, You may choose to conclude an additional agreement,
182defining obligations or services consistent with this Licence. However, if
183accepting obligations, You may act only on your own behalf and on your sole
184responsibility, not on behalf of the original Licensor or any other Contributor,
185and only if You agree to indemnify, defend, and hold each Contributor harmless
186for any liability incurred by, or claims asserted against such Contributor by
187the fact You have accepted any warranty or additional liability.
188
18910. Acceptance of the Licence
190
191The provisions of this Licence can be accepted by clicking on an icon ‘I agree’
192placed under the bottom of a window displaying the text of this Licence or by
193affirming consent in any other similar way, in accordance with the rules of
194applicable law. Clicking on that icon indicates your clear and irrevocable
195acceptance of this Licence and all of its terms and conditions.
196
197Similarly, you irrevocably accept this Licence and all of its terms and
198conditions by exercising any rights granted to You by Article 2 of this Licence,
199such as the use of the Work, the creation by You of a Derivative Work or the
200Distribution or Communication by You of the Work or copies thereof.
201
20211. Information to the public
203
204In case of any Distribution or Communication of the Work by means of electronic
205communication by You (for example, by offering to download the Work from a
206remote location) the distribution channel or media (for example, a website) must
207at least provide to the public the information requested by the applicable law
208regarding the Licensor, the Licence and the way it may be accessible, concluded,
209stored and reproduced by the Licensee.
210
21112. Termination of the Licence
212
213The Licence and the rights granted hereunder will terminate automatically upon
214any breach by the Licensee of the terms of the Licence.
215
216Such a termination will not terminate the licences of any person who has
217received the Work from the Licensee under the Licence, provided such persons
218remain in full compliance with the Licence.
219
22013. Miscellaneous
221
222Without prejudice of Article 9 above, the Licence represents the complete
223agreement between the Parties as to the Work.
224
225If any provision of the Licence is invalid or unenforceable under applicable
226law, this will not affect the validity or enforceability of the Licence as a
227whole. Such provision will be construed or reformed so as necessary to make it
228valid and enforceable.
229
230The European Commission may publish other linguistic versions or new versions of
231this Licence or updated versions of the Appendix, so far this is required and
232reasonable, without reducing the scope of the rights granted by the Licence. New
233versions of the Licence will be published with a unique version number.
234
235All linguistic versions of this Licence, approved by the European Commission,
236have identical value. Parties can take advantage of the linguistic version of
237their choice.
238
23914. Jurisdiction
240
241Without prejudice to specific agreement between parties,
242
243- any litigation resulting from the interpretation of this License, arising
244 between the European Union institutions, bodies, offices or agencies, as a
245 Licensor, and any Licensee, will be subject to the jurisdiction of the Court
246 of Justice of the European Union, as laid down in article 272 of the Treaty on
247 the Functioning of the European Union,
248
249- any litigation arising between other parties and resulting from the
250 interpretation of this License, will be subject to the exclusive jurisdiction
251 of the competent court where the Licensor resides or conducts its primary
252 business.
253
25415. Applicable Law
255
256Without prejudice to specific agreement between parties,
257
258- this Licence shall be governed by the law of the European Union Member State
259 where the Licensor has his seat, resides or has his registered office,
260
261- this licence shall be governed by Belgian law if the Licensor has no seat,
262 residence or registered office inside a European Union Member State.
263
264Appendix
265
266‘Compatible Licences’ according to Article 5 EUPL are:
267
268- GNU General Public License (GPL) v. 2, v. 3
269- GNU Affero General Public License (AGPL) v. 3
270- Open Software License (OSL) v. 2.1, v. 3.0
271- Eclipse Public License (EPL) v. 1.0
272- CeCILL v. 2.0, v. 2.1
273- Mozilla Public Licence (MPL) v. 2
274- GNU Lesser General Public Licence (LGPL) v. 2.1, v. 3
275- Creative Commons Attribution-ShareAlike v. 3.0 Unported (CC BY-SA 3.0) for
276 works other than software
277- European Union Public Licence (EUPL) v. 1.1, v. 1.2
278- Québec Free and Open-Source Licence — Reciprocity (LiLiQ-R) or Strong
279 Reciprocity (LiLiQ-R+).
280
281The European Commission may update this Appendix to later versions of the above
282licences without producing a new version of the EUPL, as long as they provide
283the rights granted in Article 2 of this Licence and protect the covered Source
284Code from exclusive appropriation.
285
286All other changes or additions to this Appendix require the production of a new
287EUPL version.