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European Union Public Licence
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V. 1.1
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EUPL © the European Community 2007
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This European Union Public Licence (the “EUPL”) applies to the Work or Software
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(as defined below) which is provided under the terms of this Licence. Any use of the
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Work, other than as authorised under this Licence is prohibited (to the extent such use
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is covered by a right of the copyright holder of the Work).
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The Original Work is provided under the terms of this Licence when the Licensor (as
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defined below) has placed the following notice immediately following the copyright
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notice for the Original Work:
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Licensed under the EUPL V.1.1
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or has expressed by any other mean his willingness to license under the EUPL.
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1. Definitions
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In this Licence, the following terms have the following meaning:
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- The Licence: this Licence.
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- The Original Work or the Software: the software distributed and/or communicated
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by the Licensor under this Licence, available as Source Code and also as Executable
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Code as the case may be.
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- Derivative Works: the works or software that could be created by the Licensee,
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based upon the Original Work or modifications thereof. This Licence does not define
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the extent of modification or dependence on the Original Work required in order to
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classify a work as a Derivative Work; this extent is determined by copyright law
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applicable in the country mentioned in Article 15.
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- The Work: the Original Work and/or its Derivative Works.
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- The Source Code: the human-readable form of the Work which is the most
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convenient for people to study and modify.
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- The Executable Code: any code which has generally been compiled and which is
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meant to be interpreted by a computer as a program.
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- The Licensor: the natural or legal person that distributes and/or communicates the
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Work under the Licence.
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- Contributor(s): any natural or legal person who modifies the Work under the
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Licence, or otherwise contributes to the creation of a Derivative Work.
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- The Licensee or “You”: any natural or legal person who makes any usage of the
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Software under the terms of the Licence.
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- Distribution and/or Communication: any act of selling, giving, lending, renting,
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distributing, communicating, transmitting, or otherwise making available, on-line or
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off-line, copies of the Work or providing access to its essential functionalities at the
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disposal of any other natural or legal person.
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2. Scope of the rights granted by the Licence
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The Licensor hereby grants You a world-wide, royalty-free, non-exclusive, sublicensable
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licence to do the following, for the duration of copyright vested in the
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Original Work:
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- use the Work in any circumstance and for all usage,
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- reproduce the Work,
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- modify the Original Work, and make Derivative Works based upon the Work,
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- communicate to the public, including the right to make available or display the
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Work or copies thereof to the public and perform publicly, as the case may be,
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the Work,
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- distribute the Work or copies thereof,
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- lend and rent the Work or copies thereof,
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- sub-license rights in the Work or copies thereof.
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Those rights can be exercised on any media, supports and formats, whether now
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known or later invented, as far as the applicable law permits so.
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In the countries where moral rights apply, the Licensor waives his right to exercise his
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moral right to the extent allowed by law in order to make effective the licence of the
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economic rights here above listed.
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The Licensor grants to the Licensee royalty-free, non exclusive usage rights to any
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patents held by the Licensor, to the extent necessary to make use of the rights granted
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on the Work under this Licence.
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3. Communication of the Source Code
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The Licensor may provide the Work either in its Source Code form, or as Executable
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Code. If the Work is provided as Executable Code, the Licensor provides in addition a
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machine-readable copy of the Source Code of the Work along with each copy of the
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Work that the Licensor distributes or indicates, in a notice following the copyright
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notice attached to the Work, a repository where the Source Code is easily and freely
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accessible for as long as the Licensor continues to distribute and/or communicate the
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Work.
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4. Limitations on copyright
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Nothing in this Licence is intended to deprive the Licensee of the benefits from any
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exception or limitation to the exclusive rights of the rights owners in the Original
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Work or Software, of the exhaustion of those rights or of other applicable limitations
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thereto.
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5. Obligations of the Licensee
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The grant of the rights mentioned above is subject to some restrictions and obligations
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imposed on the Licensee. Those obligations are the following:
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Attribution right: the Licensee shall keep intact all copyright, patent or trademarks
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notices and all notices that refer to the Licence and to the disclaimer of warranties.
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The Licensee must include a copy of such notices and a copy of the Licence with
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every copy of the Work he/she distributes and/or communicates. The Licensee must
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cause any Derivative Work to carry prominent notices stating that the Work has been
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modified and the date of modification.
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Copyleft clause: If the Licensee distributes and/or communicates copies of the
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Original Works or Derivative Works based upon the Original Work, this Distribution
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and/or Communication will be done under the terms of this Licence or of a later
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version of this Licence unless the Original Work is expressly distributed only under
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this version of the Licence. The Licensee (becoming Licensor) cannot offer or impose
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any additional terms or conditions on the Work or Derivative Work that alter or
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restrict the terms of the Licence.
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Compatibility clause: If the Licensee Distributes and/or Communicates Derivative
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Works or copies thereof based upon both the Original Work and another work
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licensed under a Compatible Licence, this Distribution and/or Communication can be
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done under the terms of this Compatible Licence. For the sake of this clause,
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“Compatible Licence” refers to the licences listed in the appendix attached to this
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Licence. Should the Licensee’s obligations under the Compatible Licence conflict
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with his/her obligations under this Licence, the obligations of the Compatible Licence
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shall prevail.
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Provision of Source Code: When distributing and/or communicating copies of the
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Work, the Licensee will provide a machine-readable copy of the Source Code or
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indicate a repository where this Source will be easily and freely available for as long
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as the Licensee continues to distribute and/or communicate the Work.
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Legal Protection: This Licence does not grant permission to use the trade names,
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trademarks, service marks, or names of the Licensor, except as required for
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reasonable and customary use in describing the origin of the Work and reproducing
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the content of the copyright notice.
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6. Chain of Authorship
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The original Licensor warrants that the copyright in the Original Work granted
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hereunder is owned by him/her or licensed to him/her and that he/she has the power
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and authority to grant the Licence.
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Each Contributor warrants that the copyright in the modifications he/she brings to the
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Work are owned by him/her or licensed to him/her and that he/she has the power and
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authority to grant the Licence.
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Each time You accept the Licence, the original Licensor and subsequent Contributors
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grant You a licence to their contributions to the Work, under the terms of this
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Licence.
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7. Disclaimer of Warranty
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The Work is a work in progress, which is continuously improved by numerous
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contributors. It is not a finished work and may therefore contain defects or “bugs”
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inherent to this type of software development.
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For the above reason, the Work is provided under the Licence on an “as is” basis and
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without warranties of any kind concerning the Work, including without limitation
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merchantability, fitness for a particular purpose, absence of defects or errors,
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accuracy, non-infringement of intellectual property rights other than copyright as
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stated in Article 6 of this Licence.
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This disclaimer of warranty is an essential part of the Licence and a condition for the
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grant of any rights to the Work.
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8. Disclaimer of Liability
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Except in the cases of wilful misconduct or damages directly caused to natural
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persons, the Licensor will in no event be liable for any direct or indirect, material or
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moral, damages of any kind, arising out of the Licence or of the use of the Work,
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including without limitation, damages for loss of goodwill, work stoppage, computer
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failure or malfunction, loss of data or any commercial damage, even if the Licensor
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has been advised of the possibility of such damage. However, the Licensor will be
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liable under statutory product liability laws as far such laws apply to the Work.
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9. Additional agreements
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While distributing the Original Work or Derivative Works, You may choose to
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conclude an additional agreement to offer, and charge a fee for, acceptance of support,
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warranty, indemnity, or other liability obligations and/or services consistent with this
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Licence. However, in accepting such obligations, You may act only on your own
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behalf and on your sole responsibility, not on behalf of the original Licensor or any
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other Contributor, and only if You agree to indemnify, defend, and hold each
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Contributor harmless for any liability incurred by, or claims asserted against such
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Contributor by the fact You have accepted any such warranty or additional liability.
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10. Acceptance of the Licence
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The provisions of this Licence can be accepted by clicking on an icon “I agree”
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placed under the bottom of a window displaying the text of this Licence or by
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affirming consent in any other similar way, in accordance with the rules of applicable
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law. Clicking on that icon indicates your clear and irrevocable acceptance of this
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Licence and all of its terms and conditions.
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Similarly, you irrevocably accept this Licence and all of its terms and conditions by
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exercising any rights granted to You by Article 2 of this Licence, such as the use of
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the Work, the creation by You of a Derivative Work or the Distribution and/or
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Communication by You of the Work or copies thereof.
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11. Information to the public
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In case of any Distribution and/or Communication of the Work by means of electronic
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communication by You (for example, by offering to download the Work from a
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remote location) the distribution channel or media (for example, a website) must at
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least provide to the public the information requested by the applicable law regarding
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the Licensor, the Licence and the way it may be accessible, concluded, stored and
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reproduced by the Licensee.
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12. Termination of the Licence
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The Licence and the rights granted hereunder will terminate automatically upon any
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breach by the Licensee of the terms of the Licence.
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Such a termination will not terminate the licences of any person who has received the
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Work from the Licensee under the Licence, provided such persons remain in full
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compliance with the Licence.
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13. Miscellaneous
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Without prejudice of Article 9 above, the Licence represents the complete agreement
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between the Parties as to the Work licensed hereunder.
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If any provision of the Licence is invalid or unenforceable under applicable law, this
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will not affect the validity or enforceability of the Licence as a whole. Such provision
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will be construed and/or reformed so as necessary to make it valid and enforceable.
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The European Commission may publish other linguistic versions and/or new versions
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of this Licence, so far this is required and reasonable, without reducing the scope of
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the rights granted by the Licence. New versions of the Licence will be published with
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a unique version number.
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All linguistic versions of this Licence, approved by the European Commission, have
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identical value. Parties can take advantage of the linguistic version of their choice.
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14. Jurisdiction
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Any litigation resulting from the interpretation of this License, arising between the
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European Commission, as a Licensor, and any Licensee, will be subject to the
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jurisdiction of the Court of Justice of the European Communities, as laid down in
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article 238 of the Treaty establishing the European Community.
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Any litigation arising between Parties, other than the European Commission, and
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resulting from the interpretation of this License, will be subject to the exclusive
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jurisdiction of the competent court where the Licensor resides or conducts its primary
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business.
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15. Applicable Law
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This Licence shall be governed by the law of the European Union country where the
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Licensor resides or has his registered office.
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This licence shall be governed by the Belgian law if:
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- a litigation arises between the European Commission, as a Licensor, and any
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Licensee;
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- the Licensor, other than the European Commission, has no residence or
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registered office inside a European Union country.
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===
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Appendix
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“Compatible Licences” according to article 5 EUPL are:
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- GNU General Public License (GNU GPL) v. 2
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- Open Software License (OSL) v. 2.1, v. 3.0
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- Common Public License v. 1.0
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- Eclipse Public License v. 1.0
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- Cecill v. 2.0 |
