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1European Union Public Licence V. 1.1
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.1.1
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 communicated by the Licensor under this Licence, available as Source Code and also as Executable Code as the case may be.
26
27- 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.
28
29- The Work: the Original Work and/or its Derivative Works.
30
31- The Source Code: the human-readable form of the Work which is the most convenient for people to study and modify.
32
33- The Executable Code: any code which has generally been compiled and which is meant to be interpreted by a computer as a program.
34
35- The Licensor: the natural or legal person that distributes and/or communicates the Work under the Licence.
36
37- Contributor(s): any natural or legal person who modifies the Work under the Licence, or otherwise contributes to the creation of a Derivative Work.
38
39- The Licensee or "You": any natural or legal person who makes any usage of the Software under the terms of the Licence.
40
41- 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 or providing access to its essential functionalities at the disposal of any other natural or legal person.
42
432. Scope of the rights granted by the Licence
44
45The Licensor hereby grants You a world-wide, royalty-free, non-exclusive,
46sublicensable licence to do the following, for the duration of copyright
47vested in the Original Work:
48
49- use the Work in any circumstance and for all usage,
50
51- reproduce the Work,
52
53- modify the Original Work, and make Derivative Works based upon the Work,
54
55- 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,
56
57- distribute the Work or copies thereof,
58
59- lend and rent the Work or copies thereof,
60
61- sub-license rights in the Work or copies thereof.
62
63Those rights can be exercised on any media, supports and formats, whether now
64known or later invented, as far as the applicable law permits so.
65
66In the countries where moral rights apply, the Licensor waives his right to
67exercise his moral right to the extent allowed by law in order to make
68effective the licence of the economic rights here above listed.
69
70The Licensor grants to the Licensee royalty-free, non exclusive usage rights
71to any patents held by the Licensor, to the extent necessary to make use of
72the rights granted on the Work under this Licence.
73
743. Communication of the Source Code
75
76The Licensor may provide the Work either in its Source Code form, or as
77Executable Code. If the Work is provided as Executable Code, the Licensor
78provides in addition a machine-readable copy of the Source Code of the Work
79along with each copy of the Work that the Licensor distributes or indicates,
80in a notice following the copyright notice attached to the Work, a repository
81where the Source Code is easily and freely accessible for as long as the
82Licensor continues to distribute and/or communicate the Work.
83
844. Limitations on copyright
85
86Nothing in this Licence is intended to deprive the Licensee of the benefits
87from any exception or limitation to the exclusive rights of the rights owners
88in the Original Work or Software, of the exhaustion of those rights or of
89other applicable limitations thereto.
90
915. Obligations of the Licensee
92
93The grant of the rights mentioned above is subject to some restrictions and
94obligations imposed on the Licensee. Those obligations are the following:
95
96Attribution right: the Licensee shall keep intact all copyright, patent or
97trademarks notices and all notices that refer to the Licence and to the
98disclaimer of warranties. The Licensee must include a copy of such notices and
99a copy of the Licence with every copy of the Work he/she distributes and/or
100communicates. The Licensee must cause any Derivative Work to carry prominent
101notices stating that the Work has been modified and the date of modification.
102
103Copyleft clause: If the Licensee distributes and/or communicates copies of the
104Original Works or Derivative Works based upon the Original Work, this
105Distribution and/or Communication will be done under the terms of this Licence
106or of a later version of this Licence unless the Original Work is expressly
107distributed only under this version of the Licence. The Licensee (becoming
108Licensor) cannot offer or impose any additional terms or conditions on the
109Work or Derivative Work that alter or restrict the terms of the Licence.
110
111Compatibility clause: If the Licensee Distributes and/or Communicates
112Derivative Works or copies thereof based upon both the Original Work and
113another work licensed under a Compatible Licence, this Distribution and/or
114Communication can be done under the terms of this Compatible Licence. For the
115sake of this clause, "Compatible Licence," refers to the licences listed in
116the appendix attached to this Licence. Should the Licensee's obligations
117under the Compatible Licence conflict with his/her obligations under this
118Licence, the obligations of the Compatible Licence shall prevail.
119
120Provision of Source Code: When distributing and/or communicating copies of the
121Work, the Licensee will provide a machine-readable copy of the Source Code or
122indicate a repository where this Source will be easily and freely available
123for as long as the Licensee continues to distribute and/or communicate the
124Work.
125
126Legal Protection: This Licence does not grant permission to use the trade
127names, trademarks, service marks, or names of the Licensor, except as required
128for reasonable and customary use in describing the origin of the Work and
129reproducing the content of the copyright notice.
130
1316. Chain of Authorship
132
133The original Licensor warrants that the copyright in the Original Work granted
134hereunder is owned by him/her or licensed to him/her and that he/she has the
135power and authority to grant the Licence.
136
137Each Contributor warrants that the copyright in the modifications he/she
138brings to the Work are owned by him/her or licensed to him/her and that he/she
139has the power and authority to grant the Licence.
140
141Each time You accept the Licence, the original Licensor and subsequent
142Contributors grant You a licence to their contributions to the Work, under the
143terms of this Licence.
144
1457. Disclaimer of Warranty
146
147The Work is a work in progress, which is continuously improved by numerous
148contributors. It is not a finished work and may therefore contain defects or
149"bugs" inherent to this type of software development.
150
151For the above reason, the Work is provided under the Licence on an "as is"
152basis and without warranties of any kind concerning the Work, including
153without limitation merchantability, fitness for a particular purpose, absence
154of defects or errors, accuracy, non-infringement of intellectual property
155rights other than copyright as stated in Article 6 of this Licence.
156
157This disclaimer of warranty is an essential part of the Licence and a
158condition for the grant of any rights to the Work.
159
1608. Disclaimer of Liability
161
162Except in the cases of wilful misconduct or damages directly caused to natural
163persons, the Licensor will in no event be liable for any direct or indirect,
164material or moral, damages of any kind, arising out of the Licence or of the
165use of the Work, including without limitation, damages for loss of goodwill,
166work stoppage, computer failure or malfunction, loss of data or any commercial
167damage, even if the Licensor has been advised of the possibility of such
168damage. However, the Licensor will be liable under statutory product liability
169laws as far such laws apply to the Work.
170
1719. Additional agreements
172
173While distributing the Original Work or Derivative Works, You may choose to
174conclude an additional agreement to offer, and charge a fee for, acceptance of
175support, warranty, indemnity, or other liability obligations and/or services
176consistent with this Licence. However, in accepting such obligations, You may
177act only on your own behalf and on your sole responsibility, not on behalf of
178the original Licensor or any other Contributor, and only if You agree to
179indemnify, defend, and hold each Contributor harmless for any liability
180incurred by, or claims asserted against such Contributor by the fact You have
181accepted any such warranty or additional liability.
182
18310. Acceptance of the Licence
184
185The provisions of this Licence can be accepted by clicking on an icon "I
186agree" placed under the bottom of a window displaying the text of this Licence
187or by affirming consent in any other similar way, in accordance with the rules
188of applicable law. Clicking on that icon indicates your clear and irrevocable
189acceptance of this Licence and all of its terms and conditions.
190
191Similarly, you irrevocably accept this Licence and all of its terms and
192conditions by exercising any rights granted to You by Article 2 of this
193Licence, such as the use of the Work, the creation by You of a Derivative Work
194or the Distribution and/or Communication by You of the Work or copies thereof.
195
19611. Information to the public
197
198In case of any Distribution and/or Communication of the Work by means of
199electronic communication by You (for example, by offering to download the Work
200from a remote location) the distribution channel or media (for example, a
201website) must at least provide to the public the information requested by the
202applicable law regarding the Licensor, the Licence and the way it may be
203accessible, concluded, stored and reproduced by the Licensee.
204
20512. Termination of the Licence
206
207The Licence and the rights granted hereunder will terminate automatically upon
208any breach by the Licensee of the terms of the Licence. Such a termination
209will not terminate the licences of any person who has received the Work from
210the Licensee under the Licence, provided such persons remain in full
211compliance with the Licence.
212
21313. Miscellaneous
214
215Without prejudice of Article 9 above, the Licence represents the complete
216agreement between the Parties as to the Work licensed hereunder.
217
218If any provision of the Licence is invalid or unenforceable under applicable
219law, this will not affect the validity or enforceability of the Licence as a
220whole. Such provision will be construed and/or reformed so as necessary to
221make it valid and enforceable.
222
223The European Commission may publish other linguistic versions and/or new
224versions of this Licence, so far this is required and reasonable, without
225reducing the scope of the rights granted by the Licence. New versions of the
226Licence will be published with a unique version number.
227
228All linguistic versions of this Licence, approved by the European Commission,
229have identical value. Parties can take advantage of the linguistic version of
230their choice.
231
23214. Jurisdiction
233
234Any litigation resulting from the interpretation of this License, arising
235between the European Commission, as a Licensor, and any Licensee, will be
236subject to the jurisdiction of the Court of Justice of the European
237Communities, as laid down in article 238 of the Treaty establishing the
238European Community.
239
240Any litigation arising between Parties, other than the European Commission,
241and resulting from the interpretation of this License, will be subject to the
242exclusive jurisdiction of the competent court where the Licensor resides or
243conducts its primary business.
244
24515. Applicable Law
246
247This Licence shall be governed by the law of the European Union country where
248the Licensor resides or has his registered office.
249
250This licence shall be governed by the Belgian law if:
251
252- a litigation arises between the European Commission, as a Licensor, and any Licensee;
253
254- the Licensor, other than the European Commission, has no residence or registered office inside a European Union country.
255
256Appendix
257
258"Compatible Licences" according to article 5 EUPL are:
259
260- GNU General Public License (GNU GPL) v. 2
261- Open Software License (OSL) v. 2.1, v. 3.0
262- Common Public License v. 1.0
263- Eclipse Public License v. 1.0
264- Cecill v. 2.0
265
266