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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 | ||
5 | below) which is provided under the terms of this Licence. Any use of the Work, | ||
6 | other than as authorised under this Licence is prohibited (to the extent such | ||
7 | use is covered by a right of the copyright holder of the Work). | ||
8 | |||
9 | The Work is provided under the terms of this Licence when the Licensor (as | ||
10 | defined below) has placed the following notice immediately following the | ||
11 | copyright notice for the Work: | ||
12 | |||
13 | Licensed under the EUPL | ||
14 | |||
15 | or has expressed by any other means his willingness to license under the EUPL. | ||
16 | |||
17 | 1. Definitions | ||
18 | |||
19 | In 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 | |||
56 | 2. Scope of the rights granted by the Licence | ||
57 | |||
58 | The Licensor hereby grants You a worldwide, royalty-free, non-exclusive, | ||
59 | sublicensable licence to do the following, for the duration of copyright vested | ||
60 | in 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 | |||
72 | Those rights can be exercised on any media, supports and formats, whether now | ||
73 | known or later invented, as far as the applicable law permits so. | ||
74 | |||
75 | In the countries where moral rights apply, the Licensor waives his right to | ||
76 | exercise his moral right to the extent allowed by law in order to make effective | ||
77 | the licence of the economic rights here above listed. | ||
78 | |||
79 | The Licensor grants to the Licensee royalty-free, non-exclusive usage rights to | ||
80 | any patents held by the Licensor, to the extent necessary to make use of the | ||
81 | rights granted on the Work under this Licence. | ||
82 | |||
83 | 3. Communication of the Source Code | ||
84 | |||
85 | The Licensor may provide the Work either in its Source Code form, or as | ||
86 | Executable Code. If the Work is provided as Executable Code, the Licensor | ||
87 | provides in addition a machine-readable copy of the Source Code of the Work | ||
88 | along with each copy of the Work that the Licensor distributes or indicates, in | ||
89 | a notice following the copyright notice attached to the Work, a repository where | ||
90 | the Source Code is easily and freely accessible for as long as the Licensor | ||
91 | continues to distribute or communicate the Work. | ||
92 | |||
93 | 4. Limitations on copyright | ||
94 | |||
95 | Nothing in this Licence is intended to deprive the Licensee of the benefits from | ||
96 | any exception or limitation to the exclusive rights of the rights owners in the | ||
97 | Work, of the exhaustion of those rights or of other applicable limitations | ||
98 | thereto. | ||
99 | |||
100 | 5. Obligations of the Licensee | ||
101 | |||
102 | The grant of the rights mentioned above is subject to some restrictions and | ||
103 | obligations imposed on the Licensee. Those obligations are the following: | ||
104 | |||
105 | Attribution right: The Licensee shall keep intact all copyright, patent or | ||
106 | trademarks notices and all notices that refer to the Licence and to the | ||
107 | disclaimer of warranties. The Licensee must include a copy of such notices and a | ||
108 | copy of the Licence with every copy of the Work he/she distributes or | ||
109 | communicates. The Licensee must cause any Derivative Work to carry prominent | ||
110 | notices stating that the Work has been modified and the date of modification. | ||
111 | |||
112 | Copyleft clause: If the Licensee distributes or communicates copies of the | ||
113 | Original Works or Derivative Works, this Distribution or Communication will be | ||
114 | done under the terms of this Licence or of a later version of this Licence | ||
115 | unless the Original Work is expressly distributed only under this version of the | ||
116 | Licence — for example by communicating ‘EUPL v. 1.2 only’. The Licensee | ||
117 | (becoming Licensor) cannot offer or impose any additional terms or conditions on | ||
118 | the Work or Derivative Work that alter or restrict the terms of the Licence. | ||
119 | |||
120 | Compatibility clause: If the Licensee Distributes or Communicates Derivative | ||
121 | Works or copies thereof based upon both the Work and another work licensed under | ||
122 | a Compatible Licence, this Distribution or Communication can be done under the | ||
123 | terms of this Compatible Licence. For the sake of this clause, ‘Compatible | ||
124 | Licence’ refers to the licences listed in the appendix attached to this Licence. | ||
125 | Should the Licensee's obligations under the Compatible Licence conflict with | ||
126 | his/her obligations under this Licence, the obligations of the Compatible | ||
127 | Licence shall prevail. | ||
128 | |||
129 | Provision of Source Code: When distributing or communicating copies of the Work, | ||
130 | the Licensee will provide a machine-readable copy of the Source Code or indicate | ||
131 | a repository where this Source will be easily and freely available for as long | ||
132 | as the Licensee continues to distribute or communicate the Work. | ||
133 | |||
134 | Legal Protection: This Licence does not grant permission to use the trade names, | ||
135 | trademarks, service marks, or names of the Licensor, except as required for | ||
136 | reasonable and customary use in describing the origin of the Work and | ||
137 | reproducing the content of the copyright notice. | ||
138 | |||
139 | 6. Chain of Authorship | ||
140 | |||
141 | The original Licensor warrants that the copyright in the Original Work granted | ||
142 | hereunder is owned by him/her or licensed to him/her and that he/she has the | ||
143 | power and authority to grant the Licence. | ||
144 | |||
145 | Each Contributor warrants that the copyright in the modifications he/she brings | ||
146 | to the Work are owned by him/her or licensed to him/her and that he/she has the | ||
147 | power and authority to grant the Licence. | ||
148 | |||
149 | Each time You accept the Licence, the original Licensor and subsequent | ||
150 | Contributors grant You a licence to their contributions to the Work, under the | ||
151 | terms of this Licence. | ||
152 | |||
153 | 7. Disclaimer of Warranty | ||
154 | |||
155 | The Work is a work in progress, which is continuously improved by numerous | ||
156 | Contributors. It is not a finished work and may therefore contain defects or | ||
157 | ‘bugs’ inherent to this type of development. | ||
158 | |||
159 | For the above reason, the Work is provided under the Licence on an ‘as is’ basis | ||
160 | and without warranties of any kind concerning the Work, including without | ||
161 | limitation merchantability, fitness for a particular purpose, absence of defects | ||
162 | or errors, accuracy, non-infringement of intellectual property rights other than | ||
163 | copyright as stated in Article 6 of this Licence. | ||
164 | |||
165 | This disclaimer of warranty is an essential part of the Licence and a condition | ||
166 | for the grant of any rights to the Work. | ||
167 | |||
168 | 8. Disclaimer of Liability | ||
169 | |||
170 | Except in the cases of wilful misconduct or damages directly caused to natural | ||
171 | persons, the Licensor will in no event be liable for any direct or indirect, | ||
172 | material or moral, damages of any kind, arising out of the Licence or of the use | ||
173 | of the Work, including without limitation, damages for loss of goodwill, work | ||
174 | stoppage, computer failure or malfunction, loss of data or any commercial | ||
175 | damage, even if the Licensor has been advised of the possibility of such damage. | ||
176 | However, the Licensor will be liable under statutory product liability laws as | ||
177 | far such laws apply to the Work. | ||
178 | |||
179 | 9. Additional agreements | ||
180 | |||
181 | While distributing the Work, You may choose to conclude an additional agreement, | ||
182 | defining obligations or services consistent with this Licence. However, if | ||
183 | accepting obligations, You may act only on your own behalf and on your sole | ||
184 | responsibility, not on behalf of the original Licensor or any other Contributor, | ||
185 | and only if You agree to indemnify, defend, and hold each Contributor harmless | ||
186 | for any liability incurred by, or claims asserted against such Contributor by | ||
187 | the fact You have accepted any warranty or additional liability. | ||
188 | |||
189 | 10. Acceptance of the Licence | ||
190 | |||
191 | The provisions of this Licence can be accepted by clicking on an icon ‘I agree’ | ||
192 | placed under the bottom of a window displaying the text of this Licence or by | ||
193 | affirming consent in any other similar way, in accordance with the rules of | ||
194 | applicable law. Clicking on that icon indicates your clear and irrevocable | ||
195 | acceptance of this Licence and all of its terms and conditions. | ||
196 | |||
197 | Similarly, you irrevocably accept this Licence and all of its terms and | ||
198 | conditions by exercising any rights granted to You by Article 2 of this Licence, | ||
199 | such as the use of the Work, the creation by You of a Derivative Work or the | ||
200 | Distribution or Communication by You of the Work or copies thereof. | ||
201 | |||
202 | 11. Information to the public | ||
203 | |||
204 | In case of any Distribution or Communication of the Work by means of electronic | ||
205 | communication by You (for example, by offering to download the Work from a | ||
206 | remote location) the distribution channel or media (for example, a website) must | ||
207 | at least provide to the public the information requested by the applicable law | ||
208 | regarding the Licensor, the Licence and the way it may be accessible, concluded, | ||
209 | stored and reproduced by the Licensee. | ||
210 | |||
211 | 12. Termination of the Licence | ||
212 | |||
213 | The Licence and the rights granted hereunder will terminate automatically upon | ||
214 | any breach by the Licensee of the terms of the Licence. | ||
215 | |||
216 | Such a termination will not terminate the licences of any person who has | ||
217 | received the Work from the Licensee under the Licence, provided such persons | ||
218 | remain in full compliance with the Licence. | ||
219 | |||
220 | 13. Miscellaneous | ||
221 | |||
222 | Without prejudice of Article 9 above, the Licence represents the complete | ||
223 | agreement between the Parties as to the Work. | ||
224 | |||
225 | If any provision of the Licence is invalid or unenforceable under applicable | ||
226 | law, this will not affect the validity or enforceability of the Licence as a | ||
227 | whole. Such provision will be construed or reformed so as necessary to make it | ||
228 | valid and enforceable. | ||
229 | |||
230 | The European Commission may publish other linguistic versions or new versions of | ||
231 | this Licence or updated versions of the Appendix, so far this is required and | ||
232 | reasonable, without reducing the scope of the rights granted by the Licence. New | ||
233 | versions of the Licence will be published with a unique version number. | ||
234 | |||
235 | All linguistic versions of this Licence, approved by the European Commission, | ||
236 | have identical value. Parties can take advantage of the linguistic version of | ||
237 | their choice. | ||
238 | |||
239 | 14. Jurisdiction | ||
240 | |||
241 | Without 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 | |||
254 | 15. Applicable Law | ||
255 | |||
256 | Without 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 | |||
264 | Appendix | ||
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 | |||
281 | The European Commission may update this Appendix to later versions of the above | ||
282 | licences without producing a new version of the EUPL, as long as they provide | ||
283 | the rights granted in Article 2 of this Licence and protect the covered Source | ||
284 | Code from exclusive appropriation. | ||
285 | |||
286 | All other changes or additions to this Appendix require the production of a new | ||
287 | EUPL version. | ||