| |
| European Union Public Licence |
| V.1.0 |
| EUPL © the European Community 2007 |
| This European Union Public Licence (the “EUPL”) applies to the Work or Software (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 V.1.0 |
| or has expressed by any other mean 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 or the Software: the 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 |
| Software 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 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, sub-licensable |
| 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 machinereadable 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 or Software, 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 and/or communicates copies of the Original |
| Works or Derivative Works based upon the Original Work, this Distribution and/or |
| Communication will be done under the terms of this Licence. 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 and/or Communicates Derivative Works or |
| copies thereof based upon both the Original Work and another work licensed under a |
| Compatible Licence, this Distribution and/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, as a Licensee, receive the Work, 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 |
| software 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 to offer, and charge a fee for, acceptance of support, warranty, |
| indemnity, or other liability obligations and/or services consistent with this Licence. |
| However, in accepting such 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 such |
| 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 and/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 identification and |
| address of 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 licensed hereunder. |
| 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 put into force translations and/or binding new versions of |
| this Licence, so far this is required and reasonable. New versions of the Licence will be |
| published with a unique version number. The new version of the Licence becomes binding for |
| You as soon as You become aware of its publication. |
| 14. Jurisdiction |
| Any litigation resulting from the interpretation of this License, arising between the European |
| Commission, as a Licensor, and any Licensee, will be subject to the jurisdiction of the Court |
| of Justice of the European Communities, as laid down in article 238 of the Treaty establishing |
| the European Community. |
| Any litigation arising between Parties, other than the European Commission, 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 |
| This Licence shall be governed by the law of the European Union country where the Licensor |
| resides or has his registered office. |
| This licence shall be governed by the Belgian law if: |
| − a litigation arises between the European Commission, as a Licensor, and any |
| Licensee; |
| − the Licensor, other than the European Commission, has no residence or registered |
| office inside a European Union country. |
| ===Appendix |
| “Compatible Licences” according to article 5 EUPL are: |
| − General Public License (GPL) v. 2 |
| − Open Software License (OSL) v. 2.1, v. 3.0 |
| − Common Public License v. 1.0 |
| − Eclipse Public License v. 1.0 |
| − Cecill v. 2.0 |
| |