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European Union Public Licence V. 1.2
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EUPL © the European Union 2007, 2013
This European Union Public Licence (the “EUPL”) applies to the Work (as defined
below) which is provided under the terms of this Licence. Any use of the Work, other
than as authorised under this Licence is prohibited (to the extent such use is covered by
a right of the copyright holder of the Work).
The Original Work is provided under the terms of this Licence when the Licensor (as
defined below) has placed the following notice immediately following the copyright
notice for the Original Work:
Licensed under the EUPL
or has expressed by any other means his willingness to license under the EUPL.
1. Definitions
--------------
In this Licence, the following terms have the following meaning:
- The Licence: this Licence.
- The Original Work: the work or 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.
- 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.
- The Work: the Original Work and/or its Derivative Works.
- The Source Code: the human-readable form of the Work which is the most convenient
for people to study and modify.
- The Executable Code: any code which has generally been compiled and which is
meant to be interpreted by a computer as a program.
- The Licensor: the natural or legal person that distributes and/or communicates the
Work under the Licence.
- Contributor(s): any natural or legal person who modifies the Work under the Licence,
or otherwise contributes to the creation of a Derivative Work.
- The Licensee or “You”: any natural or legal person who makes any usage of the Work
under the terms of the Licence.
- 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.
2. Scope of the rights granted by the Licence
---------------------------------------------
The Licensor hereby grants You a world-wide, royalty-free, non-exclusive, sublicensable
licence to do the following, for the duration of copyright vested in the
Original Work:
- use the Work in any circumstance and for all usage,
- reproduce the Work,
- modify the Original Work, and make Derivative Works based upon the Work,
- 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,
- distribute the Work or copies thereof,
- lend and rent the Work or copies thereof,
- sub-license rights in the Work or copies thereof.
Those rights can be exercised on any media, supports and formats, whether now known
or later invented, as far as the applicable law permits so.
In the countries where moral rights apply, the Licensor waives his right to exercise his
moral right to the extent allowed by law in order to make effective the licence of the
economic rights here above listed.
The Licensor grants to the Licensee royalty-free, non-exclusive usage rights to any
patents held by the Licensor, to the extent necessary to make use of the rights granted
on the Work under this Licence.
3. Communication of the Source Code
-----------------------------------
The Licensor may provide the Work either in its Source Code form, or as Executable
Code. If the Work is provided as Executable Code, the Licensor provides in addition a
machine-readable copy of the Source Code of the Work along with each copy of the
Work that the Licensor distributes or indicates, in a notice following the copyright
notice attached to the Work, a repository where the Source Code is easily and freely
accessible for as long as the Licensor continues to distribute and/or communicate the
Work.
4. Limitations on copyright
---------------------------
Nothing in this Licence is intended to deprive the Licensee of the benefits from any
exception or limitation to the exclusive rights of the rights owners in the Original Work,
of the exhaustion of those rights or of other applicable limitations thereto.
5. Obligations of the Licensee
------------------------------
The grant of the rights mentioned above is subject to some restrictions and obligations
imposed on the Licensee. Those obligations are the following:
Attribution right: the Licensee shall keep intact all copyright, patent or trademarks
notices and all notices that refer to the Licence and to the disclaimer of warranties. The
Licensee must include a copy of such notices and a copy of the Licence with every copy
of the Work he/she distributes and/or communicates. The Licensee must cause any
Derivative Work to carry prominent notices stating that the Work has been modified
and the date of modification.
Copyleft clause: If the Licensee distributes or communicates copies of the Original
Works or Derivative Works, this Distribution or Communication will be done under the
terms of this Licence or of a later version of this Licence unless the Original Work is
expressly distributed only under this version of the Licence – for example by stating
“EUPL v. 1.2 only”. The Licensee (becoming Licensor) cannot offer or impose any
additional terms or conditions on the Work or Derivative Work that alter or restrict the
terms of the Licence.
Compatibility clause: If the Licensee Distributes or Communicates Derivative Works
or copies thereof based upon both the Original Work and another work licensed under
a Compatible Licence, this Distribution or Communication can be done under the terms
of this Compatible Licence. For the sake of this clause, “Compatible Licence” refers to
the licences listed in the appendix attached to this Licence. Should the Licensee’s
obligations under the Compatible Licence conflict with his/her obligations under this
Licence, the obligations of the Compatible Licence shall prevail.
Provision of Source Code: When distributing and/or communicating copies of the
Work, the Licensee will provide a machine-readable copy of the Source Code or
indicate a repository where this Source will be easily and freely available for as long as
the Licensee continues to distribute and/or communicate the Work.
Legal Protection: This Licence does not grant permission to use the trade names,
trademarks, service marks, or names of the Licensor, except as required for reasonable
and customary use in describing the origin of the Work and reproducing the content of
the copyright notice.
6. Chain of Authorship
----------------------
The original Licensor warrants that the copyright in the Original Work granted
hereunder is owned by him/her or licensed to him/her and that he/she has the power and
authority to grant the Licence.
Each Contributor warrants that the copyright in the modifications he/she brings to the
Work are owned by him/her or licensed to him/her and that he/she has the power and
authority to grant the Licence.
Each time You accept the Licence, the original Licensor and subsequent Contributors
grant You a licence to their contributions to the Work, under the terms of this Licence.
7. Disclaimer of Warranty
-------------------------
The Work is a work in progress, which is continuously improved by numerous
Contributors. It is not a finished work and may therefore contain defects or “bugs”
inherent to this type of development.
For the above reason, the Work is provided under the Licence on an “as is” basis and
without warranties of any kind concerning the Work, including without limitation
merchantability, fitness for a particular purpose, absence of defects or errors, accuracy,
non-infringement of intellectual property rights other than copyright as stated in Article
6 of this Licence.
This disclaimer of warranty is an essential part of the Licence and a condition for the
grant of any rights to the Work.
8. Disclaimer of Liability
--------------------------
Except in the cases of wilful misconduct or damages directly caused to natural persons,
the Licensor will in no event be liable for any direct or indirect, material or moral,
damages of any kind, arising out of the Licence or of the use of the Work, including
without limitation, damages for loss of goodwill, work stoppage, computer failure or
malfunction, loss of data or any commercial damage, even if the Licensor has been
advised of the possibility of such damage. However, the Licensor will be liable under
statutory product liability laws as far such laws apply to the Work.
9. Additional agreements
------------------------
While distributing the Original Work or Derivative Works, You may choose to
conclude an additional agreement, defining obligations and/or services consistent with
this Licence. However, if accepting obligations, You may act only on your own behalf
and on your sole responsibility, not on behalf of the original Licensor or any other
Contributor, and only if You agree to indemnify, defend, and hold each Contributor
harmless for any liability incurred by, or claims asserted against such Contributor by
the fact You have accepted any warranty or additional liability.
10. Acceptance of the Licence
-----------------------------
The provisions of this Licence can be accepted by clicking on an icon “I agree” placed
under the bottom of a window displaying the text of this Licence or by affirming
consent in any other similar way, in accordance with the rules of applicable law.
Clicking on that icon indicates your clear and irrevocable acceptance of this Licence
and all of its terms and conditions.
Similarly, you irrevocably accept this Licence and all of its terms and conditions by
exercising any rights granted to You by Article 2 of this Licence, such as the use of the
Work, the creation by You of a Derivative Work or the Distribution or Communication
by You of the Work or copies thereof.
11. Information to the public
-----------------------------
In case of any Distribution and/or Communication of the Work by means of electronic
communication by You (for example, by offering to download the Work from a remote
location) the distribution channel or media (for example, a website) must at least
provide to the public the information requested by the applicable law regarding the
Licensor, the Licence and the way it may be accessible, concluded, stored and
reproduced by the Licensee.
12. Termination of the Licence
------------------------------
The Licence and the rights granted hereunder will terminate automatically upon any
breach by the Licensee of the terms of the Licence.
Such a termination will not terminate the licences of any person who has received the
Work from the Licensee under the Licence, provided such persons remain in full
compliance with the Licence.
13. Miscellaneous
-----------------
Without prejudice of Article 9 above, the Licence represents the complete agreement
between the Parties as to the Work.
If any provision of the Licence is invalid or unenforceable under applicable law, this
will not affect the validity or enforceability of the Licence as a whole. Such provision
will be construed and/or reformed so as necessary to make it valid and enforceable.
The European Commission may publish other linguistic versions and/or new versions
of this Licence and/or updated versions of the Appendix, so far this is required and
reasonable, without reducing the scope of the rights granted by the Licence. New
versions of the Licence will be published with a unique version number.
All linguistic versions of this Licence, approved by the European Commission, have
identical value. Parties can take advantage of the linguistic version of their choice.
14. Jurisdiction
----------------
Without prejudice to specific agreement between parties,
- any litigation resulting from the interpretation of this License, arising between the
European Union institutions, bodies, offices or agencies, as a Licensor, and any
Licensee, will be subject to the jurisdiction of the Court of Justice of the European
Union, as laid down in article 272 of the Treaty on the Functioning of the European
Union,
- any litigation arising between other parties and resulting from the interpretation of
this License, will be subject to the exclusive jurisdiction of the competent court
where the Licensor resides or conducts its primary business.
15. Applicable Law
------------------
Without prejudice to specific agreement between parties,
- this Licence shall be governed by the law of the European Union Member State
where the Licensor has his seat, resides or has his registered office,
- this licence shall be governed by Belgian law if the Licensor has no seat, residence
or registered office inside a European Union Member State.
===
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Appendix
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“Compatible Licences” according to Article 5 EUPL are:
- GNU General Public License (GPL) v. 2, v. 3
- GNU Affero General Public License (AGPL) v. 3
- Open Software License (OSL) v. 2.1, v. 3.0
- Eclipse Public License (EPL) v. 1.0
- Cecill v. 2.0, v. 2.1
- Mozilla Public Licence (MPL) v. 2
- GNU Lesser General Public Licence (LGPL) v. 2.1, v. 3
- Creative Commons Attribution-ShareAlike v. 3.0 Unported
(CC BY-SA 3.0) for works other than software
- European Union Public Licence (EUPL)v. 1.1, v. 1.2
- The European Commission may update this Appendix to later versions of
the above licences without producing a new version of the EUPL, as long
as they provide the rights granted in Article 2 of this Licence and protect
the covered Source Code from exclusive appropriation.
- All other changes or additions to this Appendix require the production of a
new EUPL version.
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