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- EUROPEAN UNION PUBLIC LICENCE v. 1.2
- EUPL © the European Union 2007, 2016
-
- 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 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 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 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 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 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’ or ‘Communication’:any act of selling, giving, lending, renting, distributing, communicating,
- transmitting, or otherwise making available, online or offline, 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 worldwide, 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 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,
- — sublicense 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 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 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 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 communicating
- ‘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 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 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 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 Work, You may choose to conclude an additional agreement, defining obligations 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 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 or reformed so as necessary to make it valid
- and enforceable.
- The European Commission may publish other linguistic versions or new versions of this Licence 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.
-
-
- Appendix
-
- ‘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
- — Québec Free and Open-Source Licence — Reciprocity (LiLiQ-R) or Strong Reciprocity (LiLiQ-R+).
-
- 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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