| |
| European Union Public Licence |
| V. 1.1 |
| 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.1.1 |
| 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 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 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 or of a later |
| version of this Licence unless the Original Work is expressly distributed only under |
| this version of the 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 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 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 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 publish other linguistic versions and/or new versions |
| of this Licence, 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 |
| 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: |
| - GNU General Public License (GNU 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 |
| |