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