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