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1European Union Public Licence V.1.0
2
3EUPL (c) the European Community 2007
4
5This European Union Public Licence (the “EUPL”) applies to the Work or
6Software (as defined below) which is provided under the terms of this Licence.
7Any use of the Work, other than as authorised under this Licence is prohibited
8(to the extent such use is covered by a right of the copyright holder of the
9Work).
10
11The Original Work is provided under the terms of this Licence when the
12Licensor (as defined below) has placed the following notice immediately
13following the copyright notice for the Original Work:
14
15Licensed under the EUPL V.1.0
16
17or has expressed by any other mean his willingness to license under the EUPL.
18
191. Definitions
20
21In this Licence, the following terms have the following meaning:
22
23− The Licence: this Licence.
24
25− The Original Work or the Software: the software distributed and/or
26communicated by the Licensor under this Licence, available as Source Code and
27also as Executable Code as the case may be.
28
29− Derivative Works: the works or software that could be created by the
30Licensee, based upon the Original Work or modifications thereof. This Licence
31does not define the extent of modification or dependence on the Original Work
32required in order to classify a work as a Derivative Work; this extent is
33determined by copyright law applicable in the country mentioned in Article 15.
34
35− The Work: the Original Work and/or its Derivative Works.
36
37− The Source Code: the human-readable form of the Work which is the most
38convenient for people to study and modify.
39
40− The Executable Code: any code which has generally been compiled and which is
41meant to be interpreted by a computer as a program.
42
43− The Licensor: the natural or legal person that distributes and/or
44communicates the Work under the Licence.
45
46− Contributor(s): any natural or legal person who modifies the Work under the
47Licence, or otherwise contributes to the creation of a Derivative Work.
48
49− The Licensee or “You”: any natural or legal person who makes any usage of
50the Software under the terms of the Licence. − Distribution and/or
51Communication: any act of selling, giving, lending, renting, distributing,
52communicating, transmitting, or otherwise making available, on-line or off-
53line, copies of the Work at the disposal of any other natural or legal person.
54
552. Scope of the rights granted by the Licence
56
57The Licensor hereby grants You a world-wide, royalty-free, non-exclusive, sub-
58licensable licence to do the following, for the duration of copyright vested
59in the Original Work:
60
61− use the Work in any circumstance and for all usage,
62
63− reproduce the Work,
64
65− modify the Original Work, and make Derivative Works based upon the Work,
66
67− communicate to the public, including the right to make available or display
68the Work or copies thereof to the public and perform publicly, as the case may
69be, the Work,
70
71− distribute the Work or copies thereof,
72
73− lend and rent the Work or copies thereof,
74
75− sub-license rights in the Work or copies thereof.
76
77Those rights can be exercised on any media, supports and formats, whether now
78known or later invented, as far as the applicable law permits so.
79
80In the countries where moral rights apply, the Licensor waives his right to
81exercise his moral right to the extent allowed by law in order to make
82effective the licence of the economic rights here above listed.
83
84The Licensor grants to the Licensee royalty-free, non exclusive usage rights
85to any patents held by the Licensor, to the extent necessary to make use of
86the rights granted on the Work under this Licence.
87
883. Communication of the Source Code
89
90The Licensor may provide the Work either in its Source Code form, or as
91Executable Code. If the Work is provided as Executable Code, the Licensor
92provides in addition a machinereadable copy of the Source Code of the Work
93along with each copy of the Work that the Licensor distributes or indicates,
94in a notice following the copyright notice attached to the Work, a repository
95where the Source Code is easily and freely accessible for as long as the
96Licensor continues to distribute and/or communicate the Work.
97
984. Limitations on copyright
99
100Nothing in this Licence is intended to deprive the Licensee of the benefits
101from any exception or limitation to the exclusive rights of the rights owners
102in the Original Work or Software, of the exhaustion of those rights or of
103other applicable limitations thereto.
104
1055. Obligations of the Licensee
106
107The grant of the rights mentioned above is subject to some restrictions and
108obligations imposed on the Licensee. Those obligations are the following:
109
110Attribution right: the Licensee shall keep intact all copyright, patent or
111trademarks notices and all notices that refer to the Licence and to the
112disclaimer of warranties. The Licensee must include a copy of such notices and
113a copy of the Licence with every copy of the Work he/she distributes and/or
114communicates. The Licensee must cause any Derivative Work to carry prominent
115notices stating that the Work has been modified and the date of modification.
116
117Copyleft clause: If the Licensee distributes and/or communicates copies of the
118Original Works or Derivative Works based upon the Original Work, this
119Distribution and/or Communication will be done under the terms of this
120Licence. The Licensee (becoming Licensor) cannot offer or impose any
121additional terms or conditions on the Work or Derivative Work that alter or
122restrict the terms of the Licence.
123
124Compatibility clause: If the Licensee Distributes and/or Communicates
125Derivative Works or copies thereof based upon both the Original Work and
126another work licensed under a Compatible Licence, this Distribution and/or
127Communication can be done under the terms of this Compatible Licence. For the
128sake of this clause, “Compatible Licence” refers to the licences listed in the
129appendix attached to this Licence. Should the Licensee’s obligations under the
130Compatible Licence conflict with his/her obligations under this Licence, the
131obligations of the Compatible Licence shall prevail.
132
133Provision of Source Code: When distributing and/or communicating copies of the
134Work, the Licensee will provide a machine-readable copy of the Source Code or
135indicate a repository where this Source will be easily and freely available
136for as long as the Licensee continues to distribute and/or communicate the
137Work.
138
139Legal Protection: This Licence does not grant permission to use the trade
140names, trademarks, service marks, or names of the Licensor, except as required
141for reasonable and customary use in describing the origin of the Work and
142reproducing the content of the copyright notice.
143
1446. Chain of Authorship
145
146The original Licensor warrants that the copyright in the Original Work granted
147hereunder is owned by him/her or licensed to him/her and that he/she has the
148power and authority to grant the Licence.
149
150Each Contributor warrants that the copyright in the modifications he/she
151brings to the Work are owned by him/her or licensed to him/her and that he/she
152has the power and authority to grant the Licence.
153
154Each time You, as a Licensee, receive the Work, the original Licensor and
155subsequent Contributors grant You a licence to their contributions to the
156Work, under the terms of this Licence.
157
1587. Disclaimer of Warranty
159
160The Work is a work in progress, which is continuously improved by numerous
161contributors. It is not a finished work and may therefore contain defects or
162“bugs” inherent to this type of software development.
163
164For the above reason, the Work is provided under the Licence on an “as is”
165basis and without warranties of any kind concerning the Work, including
166without limitation merchantability, fitness for a particular purpose, absence
167of defects or errors, accuracy, non-infringement of intellectual property
168rights other than copyright as stated in Article 6 of this Licence.
169
170This disclaimer of warranty is an essential part of the Licence and a
171condition for the grant of any rights to the Work.
172
1738. Disclaimer of Liability
174
175Except in the cases of wilful misconduct or damages directly caused to natural
176persons, the Licensor will in no event be liable for any direct or indirect,
177material or moral, damages of any kind, arising out of the Licence or of the
178use of the Work, including without limitation, damages for loss of goodwill,
179work stoppage, computer failure or malfunction, loss of data or any commercial
180damage, even if the Licensor has been advised of the possibility of such
181damage. However, the Licensor will be liable under statutory product liability
182laws as far such laws apply to the Work.
183
1849. Additional agreements
185
186While distributing the Original Work or Derivative Works, You may choose to
187conclude an additional agreement to offer, and charge a fee for, acceptance of
188support, warranty, indemnity, or other liability obligations and/or services
189consistent with this Licence. However, in accepting such obligations, You may
190act only on your own behalf and on your sole responsibility, not on behalf of
191the original Licensor or any other Contributor, and only if You agree to
192indemnify, defend, and hold each Contributor harmless for any liability
193incurred by, or claims asserted against such Contributor by the fact You have
194accepted any such warranty or additional liability.
195
19610. Acceptance of the Licence
197
198The provisions of this Licence can be accepted by clicking on an icon “I
199agree” placed under the bottom of a window displaying the text of this Licence
200or by affirming consent in any other similar way, in accordance with the rules
201of applicable law. Clicking on that icon indicates your clear and irrevocable
202acceptance of this Licence and all of its terms and conditions.
203
204Similarly, you irrevocably accept this Licence and all of its terms and
205conditions by exercising any rights granted to You by Article 2 of this
206Licence, such as the use of the Work, the creation by You of a Derivative Work
207or the Distribution and/or Communication by You of the Work or copies thereof.
208
20911. Information to the public
210
211In case of any Distribution and/or Communication of the Work by means of
212electronic communication by You (for example, by offering to download the Work
213from a remote location) the distribution channel or media (for example, a
214website) must at least provide to the public the information requested by the
215applicable law regarding the identification and address of the Licensor, the
216Licence and the way it may be accessible, concluded, stored and reproduced by
217the Licensee.
218
21912. Termination of the Licence
220
221The Licence and the rights granted hereunder will terminate automatically upon
222any breach by the Licensee of the terms of the Licence.
223
224Such a termination will not terminate the licences of any person who has
225received the Work from the Licensee under the Licence, provided such persons
226remain in full compliance with the Licence.
227
22813. Miscellaneous
229
230Without prejudice of Article 9 above, the Licence represents the complete
231agreement between the Parties as to the Work licensed hereunder.
232
233If any provision of the Licence is invalid or unenforceable under applicable
234law, this will not affect the validity or enforceability of the Licence as a
235whole. Such provision will be construed and/or reformed so as necessary to
236make it valid and enforceable.
237
238The European Commission may put into force translations and/or binding new
239versions of this Licence, so far this is required and reasonable. New versions
240of the Licence will be published with a unique version number. The new version
241of the Licence becomes binding for You as soon as You become aware of its
242publication.
243
24414. Jurisdiction
245
246Any litigation resulting from the interpretation of this License, arising
247between the European Commission, as a Licensor, and any Licensee, will be
248subject to the jurisdiction of the Court of Justice of the European
249Communities, as laid down in article 238 of the Treaty establishing the
250European Community.
251
252Any litigation arising between Parties, other than the European Commission,
253and resulting from the interpretation of this License, will be subject to the
254exclusive jurisdiction of the competent court where the Licensor resides or
255conducts its primary business.
256
25715. Applicable Law
258
259This Licence shall be governed by the law of the European Union country where
260the Licensor resides or has his registered office.
261
262This licence shall be governed by the Belgian law if:
263
264− a litigation arises between the European Commission, as a Licensor, and any
265Licensee;
266
267− the Licensor, other than the European Commission, has no residence or
268registered office inside a European Union country.
269
270
271Appendix
272
273“Compatible Licences” according to article 5 EUPL are:
274
275− General Public License (GPL) v. 2
276
277− Open Software License (OSL) v. 2.1, v. 3.0
278
279− Common Public License v. 1.0
280
281− Eclipse Public License v. 1.0
282
283− Cecill v. 2.0
284
285