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EUPL-1.0 13KB

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  1. European Union Public Licence V.1.0 EUPL (c) the European Community 2007 This
  2. European Union Public Licence (the "EUPL") applies to the Work or Software
  3. (as defined below) which is provided under the terms of this Licence. Any
  4. use of the Work, other than as authorised under this Licence is prohibited
  5. (to the extent such use is covered by a right of the copyright holder of the
  6. Work).
  7. The Original Work is provided under the terms of this Licence when the Licensor
  8. (as defined below) has placed the following notice immediately following the
  9. copyright notice for the Original Work:
  10. Licensed under the EUPL V.1.0
  11. or has expressed by any other mean his willingness to license under the EUPL.
  12. 1. Definitions
  13. In this Licence, the following terms have the following meaning:
  14. − The Licence: this Licence.
  15. − The Original Work or the Software: the software distributed and/or communicated
  16. by the Licensor under this Licence, available as Source Code and also as Executable
  17. Code as the case may be.
  18. − Derivative Works: the works or software that could be created by the Licensee,
  19. based upon the Original Work or modifications thereof. This Licence does not
  20. define the extent of modification or dependence on the Original Work required
  21. in order to classify a work as a Derivative Work; this extent is determined
  22. by copyright law applicable in the country mentioned in Article 15.
  23. − The Work: the Original Work and/or its Derivative Works.
  24. − The Source Code: the human-readable form of the Work which is the most convenient
  25. for people to study and modify.
  26. − The Executable Code: any code which has generally been compiled and which
  27. is meant to be interpreted by a computer as a program.
  28. − The Licensor: the natural or legal person that distributes and/or communicates
  29. the Work under the Licence.
  30. − Contributor(s): any natural or legal person who modifies the Work under
  31. the Licence, or otherwise contributes to the creation of a Derivative Work.
  32. − The Licensee or "You": any natural or legal person who makes any usage of
  33. the Software under the terms of the Licence. − Distribution and/or Communication:
  34. any act of selling, giving, lending, renting, distributing, communicating,
  35. transmitting, or otherwise making available, on-line or off-line, copies of
  36. the Work at the disposal of any other natural or legal person.
  37. 2. Scope of the rights granted by the Licence
  38. The Licensor hereby grants You a world-wide, royalty-free, non-exclusive,
  39. sub-licensable licence to do the following, for the duration of copyright
  40. vested in the Original Work:
  41. − use the Work in any circumstance and for all usage,
  42. − reproduce the Work,
  43. − modify the Original Work, and make Derivative Works based upon the Work,
  44. − communicate to the public, including the right to make available or display
  45. the Work or copies thereof to the public and perform publicly, as the case
  46. may be, the Work,
  47. − distribute the Work or copies thereof,
  48. − lend and rent the Work or copies thereof,
  49. − sub-license rights in the Work or copies thereof.
  50. Those rights can be exercised on any media, supports and formats, whether
  51. now known or later invented, as far as the applicable law permits so.
  52. In the countries where moral rights apply, the Licensor waives his right to
  53. exercise his moral right to the extent allowed by law in order to make effective
  54. the licence of the economic rights here above listed.
  55. The Licensor grants to the Licensee royalty-free, non exclusive usage rights
  56. to any patents held by the Licensor, to the extent necessary to make use of
  57. the rights granted on the Work under this Licence.
  58. 3. Communication of the Source Code
  59. The Licensor may provide the Work either in its Source Code form, or as Executable
  60. Code. If the Work is provided as Executable Code, the Licensor provides in
  61. addition a machinereadable copy of the Source Code of the Work along with
  62. each copy of the Work that the Licensor distributes or indicates, in a notice
  63. following the copyright notice attached to the Work, a repository where the
  64. Source Code is easily and freely accessible for as long as the Licensor continues
  65. to distribute and/or communicate the Work.
  66. 4. Limitations on copyright
  67. Nothing in this Licence is intended to deprive the Licensee of the benefits
  68. from any exception or limitation to the exclusive rights of the rights owners
  69. in the Original Work or Software, of the exhaustion of those rights or of
  70. other applicable limitations thereto.
  71. 5. Obligations of the Licensee
  72. The grant of the rights mentioned above is subject to some restrictions and
  73. obligations imposed on the Licensee. Those obligations are the following:
  74. Attribution right: the Licensee shall keep intact all copyright, patent or
  75. trademarks notices and all notices that refer to the Licence and to the disclaimer
  76. of warranties. The Licensee must include a copy of such notices and a copy
  77. of the Licence with every copy of the Work he/she distributes and/or communicates.
  78. The Licensee must cause any Derivative Work to carry prominent notices stating
  79. that the Work has been modified and the date of modification.
  80. Copyleft clause: If the Licensee distributes and/or communicates copies of
  81. the Original Works or Derivative Works based upon the Original Work, this
  82. Distribution and/or Communication will be done under the terms of this Licence.
  83. The Licensee (becoming Licensor) cannot offer or impose any additional terms
  84. or conditions on the Work or Derivative Work that alter or restrict the terms
  85. of the Licence.
  86. Compatibility clause: If the Licensee Distributes and/or Communicates Derivative
  87. Works or copies thereof based upon both the Original Work and another work
  88. licensed under a Compatible Licence, this Distribution and/or Communication
  89. can be done under the terms of this Compatible Licence. For the sake of this
  90. clause, "Compatible Licence" refers to the licences listed in the appendix
  91. attached to this Licence. Should the Licensee's obligations under the Compatible
  92. Licence conflict with his/her obligations under this Licence, the obligations
  93. of the Compatible Licence shall prevail.
  94. Provision of Source Code: When distributing and/or communicating copies of
  95. the Work, the Licensee will provide a machine-readable copy of the Source
  96. Code or indicate a repository where this Source will be easily and freely
  97. available for as long as the Licensee continues to distribute and/or communicate
  98. the Work.
  99. Legal Protection: This Licence does not grant permission to use the trade
  100. names, trademarks, service marks, or names of the Licensor, except as required
  101. for reasonable and customary use in describing the origin of the Work and
  102. reproducing the content of the copyright notice.
  103. 6. Chain of Authorship
  104. The original Licensor warrants that the copyright in the Original Work granted
  105. hereunder is owned by him/her or licensed to him/her and that he/she has the
  106. power and authority to grant the Licence.
  107. Each Contributor warrants that the copyright in the modifications he/she brings
  108. to the Work are owned by him/her or licensed to him/her and that he/she has
  109. the power and authority to grant the Licence.
  110. Each time You, as a Licensee, receive the Work, the original Licensor and
  111. subsequent Contributors grant You a licence to their contributions to the
  112. Work, under the terms of this Licence.
  113. 7. Disclaimer of Warranty
  114. The Work is a work in progress, which is continuously improved by numerous
  115. contributors. It is not a finished work and may therefore contain defects
  116. or "bugs" inherent to this type of software development.
  117. For the above reason, the Work is provided under the Licence on an "as is"
  118. basis and without warranties of any kind concerning the Work, including without
  119. limitation merchantability, fitness for a particular purpose, absence of defects
  120. or errors, accuracy, non-infringement of intellectual property rights other
  121. than copyright as stated in Article 6 of this Licence.
  122. This disclaimer of warranty is an essential part of the Licence and a condition
  123. for the grant of any rights to the Work.
  124. 8. Disclaimer of Liability
  125. Except in the cases of wilful misconduct or damages directly caused to natural
  126. persons, the Licensor will in no event be liable for any direct or indirect,
  127. material or moral, damages of any kind, arising out of the Licence or of the
  128. use of the Work, including without limitation, damages for loss of goodwill,
  129. work stoppage, computer failure or malfunction, loss of data or any commercial
  130. damage, even if the Licensor has been advised of the possibility of such damage.
  131. However, the Licensor will be liable under statutory product liability laws
  132. as far such laws apply to the Work.
  133. 9. Additional agreements
  134. While distributing the Original Work or Derivative Works, You may choose to
  135. conclude an additional agreement to offer, and charge a fee for, acceptance
  136. of support, warranty, indemnity, or other liability obligations and/or services
  137. consistent with this Licence. However, in accepting such obligations, You
  138. may act only on your own behalf and on your sole responsibility, not on behalf
  139. of the original Licensor or any other Contributor, and only if You agree to
  140. indemnify, defend, and hold each Contributor harmless for any liability incurred
  141. by, or claims asserted against such Contributor by the fact You have accepted
  142. any such warranty or additional liability.
  143. 10. Acceptance of the Licence
  144. The provisions of this Licence can be accepted by clicking on an icon "I agree"
  145. placed under the bottom of a window displaying the text of this Licence or
  146. by affirming consent in any other similar way, in accordance with the rules
  147. of applicable law. Clicking on that icon indicates your clear and irrevocable
  148. acceptance of this Licence and all of its terms and conditions.
  149. Similarly, you irrevocably accept this Licence and all of its terms and conditions
  150. by exercising any rights granted to You by Article 2 of this Licence, such
  151. as the use of the Work, the creation by You of a Derivative Work or the Distribution
  152. and/or Communication by You of the Work or copies thereof.
  153. 11. Information to the public
  154. In case of any Distribution and/or Communication of the Work by means of electronic
  155. communication by You (for example, by offering to download the Work from a
  156. remote location) the distribution channel or media (for example, a website)
  157. must at least provide to the public the information requested by the applicable
  158. law regarding the identification and address of the Licensor, the Licence
  159. and the way it may be accessible, concluded, stored and reproduced by the
  160. Licensee.
  161. 12. Termination of the Licence
  162. The Licence and the rights granted hereunder will terminate automatically
  163. upon any breach by the Licensee of the terms of the Licence.
  164. Such a termination will not terminate the licences of any person who has received
  165. the Work from the Licensee under the Licence, provided such persons remain
  166. in full compliance with the Licence.
  167. 13. Miscellaneous
  168. Without prejudice of Article 9 above, the Licence represents the complete
  169. agreement between the Parties as to the Work licensed hereunder.
  170. If any provision of the Licence is invalid or unenforceable under applicable
  171. law, this will not affect the validity or enforceability of the Licence as
  172. a whole. Such provision will be construed and/or reformed so as necessary
  173. to make it valid and enforceable.
  174. The European Commission may put into force translations and/or binding new
  175. versions of this Licence, so far this is required and reasonable. New versions
  176. of the Licence will be published with a unique version number. The new version
  177. of the Licence becomes binding for You as soon as You become aware of its
  178. publication.
  179. 14. Jurisdiction
  180. Any litigation resulting from the interpretation of this License, arising
  181. between the European Commission, as a Licensor, and any Licensee, will be
  182. subject to the jurisdiction of the Court of Justice of the European Communities,
  183. as laid down in article 238 of the Treaty establishing the European Community.
  184. Any litigation arising between Parties, other than the European Commission,
  185. and resulting from the interpretation of this License, will be subject to
  186. the exclusive jurisdiction of the competent court where the Licensor resides
  187. or conducts its primary business.
  188. 15. Applicable Law
  189. This Licence shall be governed by the law of the European Union country where
  190. the Licensor resides or has his registered office.
  191. This licence shall be governed by the Belgian law if:
  192. − a litigation arises between the European Commission, as a Licensor, and
  193. any Licensee;
  194. − the Licensor, other than the European Commission, has no residence or registered
  195. office inside a European Union country.
  196. Appendix
  197. "Compatible Licences" according to article 5 EUPL are:
  198. − General Public License (GPL) v. 2
  199. − Open Software License (OSL) v. 2.1, v. 3.0
  200. − Common Public License v. 1.0
  201. − Eclipse Public License v. 1.0
  202. − Cecill v. 2.0