Andrew Geissler | 5199d83 | 2021-09-24 16:47:35 -0500 | [diff] [blame] | 1 | EUROPEAN UNION PUBLIC LICENCE v. 1.2 |
| 2 | EUPL © the European Union 2007, 2016 |
| 3 | |
| 4 | This European Union Public Licence (the ‘EUPL’) applies to the Work (as defined below) which is provided under the |
| 5 | terms of this Licence. Any use of the Work, other than as authorised under this Licence is prohibited (to the extent such |
| 6 | use is covered by a right of the copyright holder of the Work). |
| 7 | The Work is provided under the terms of this Licence when the Licensor (as defined below) has placed the following |
| 8 | notice immediately following the copyright notice for the Work: |
| 9 | Licensed under the EUPL |
| 10 | or has expressed by any other means his willingness to license under the EUPL. |
| 11 | |
| 12 | 1.Definitions |
| 13 | In this Licence, the following terms have the following meaning: |
| 14 | — ‘The Licence’:this Licence. |
| 15 | — ‘The Original Work’:the work or software distributed or communicated by the Licensor under this Licence, available |
| 16 | as Source Code and also as Executable Code as the case may be. |
| 17 | — ‘Derivative Works’:the works or software that could be created by the Licensee, based upon the Original Work or |
| 18 | modifications thereof. This Licence does not define the extent of modification or dependence on the Original Work |
| 19 | required in order to classify a work as a Derivative Work; this extent is determined by copyright law applicable in |
| 20 | the country mentioned in Article 15. |
| 21 | — ‘The Work’:the Original Work or its Derivative Works. |
| 22 | — ‘The Source Code’:the human-readable form of the Work which is the most convenient for people to study and |
| 23 | modify. |
| 24 | — ‘The Executable Code’:any code which has generally been compiled and which is meant to be interpreted by |
| 25 | a computer as a program. |
| 26 | — ‘The Licensor’:the natural or legal person that distributes or communicates the Work under the Licence. |
| 27 | — ‘Contributor(s)’:any natural or legal person who modifies the Work under the Licence, or otherwise contributes to |
| 28 | the creation of a Derivative Work. |
| 29 | — ‘The Licensee’ or ‘You’:any natural or legal person who makes any usage of the Work under the terms of the |
| 30 | Licence. |
| 31 | — ‘Distribution’ or ‘Communication’:any act of selling, giving, lending, renting, distributing, communicating, |
| 32 | transmitting, or otherwise making available, online or offline, copies of the Work or providing access to its essential |
| 33 | functionalities at the disposal of any other natural or legal person. |
| 34 | |
| 35 | 2.Scope of the rights granted by the Licence |
| 36 | The Licensor hereby grants You a worldwide, royalty-free, non-exclusive, sublicensable licence to do the following, for |
| 37 | the duration of copyright vested in the Original Work: |
| 38 | — use the Work in any circumstance and for all usage, |
| 39 | — reproduce the Work, |
| 40 | — modify the Work, and make Derivative Works based upon the Work, |
| 41 | — communicate to the public, including the right to make available or display the Work or copies thereof to the public |
| 42 | and perform publicly, as the case may be, the Work, |
| 43 | — distribute the Work or copies thereof, |
| 44 | — lend and rent the Work or copies thereof, |
| 45 | — sublicense rights in the Work or copies thereof. |
| 46 | Those rights can be exercised on any media, supports and formats, whether now known or later invented, as far as the |
| 47 | applicable law permits so. |
| 48 | In the countries where moral rights apply, the Licensor waives his right to exercise his moral right to the extent allowed |
| 49 | by law in order to make effective the licence of the economic rights here above listed. |
| 50 | The Licensor grants to the Licensee royalty-free, non-exclusive usage rights to any patents held by the Licensor, to the |
| 51 | extent necessary to make use of the rights granted on the Work under this Licence. |
| 52 | |
| 53 | 3.Communication of the Source Code |
| 54 | The Licensor may provide the Work either in its Source Code form, or as Executable Code. If the Work is provided as |
| 55 | Executable Code, the Licensor provides in addition a machine-readable copy of the Source Code of the Work along with |
| 56 | each copy of the Work that the Licensor distributes or indicates, in a notice following the copyright notice attached to |
| 57 | the Work, a repository where the Source Code is easily and freely accessible for as long as the Licensor continues to |
| 58 | distribute or communicate the Work. |
| 59 | |
| 60 | 4.Limitations on copyright |
| 61 | Nothing in this Licence is intended to deprive the Licensee of the benefits from any exception or limitation to the |
| 62 | exclusive rights of the rights owners in the Work, of the exhaustion of those rights or of other applicable limitations |
| 63 | thereto. |
| 64 | |
| 65 | 5.Obligations of the Licensee |
| 66 | The grant of the rights mentioned above is subject to some restrictions and obligations imposed on the Licensee. Those |
| 67 | obligations are the following: |
| 68 | |
| 69 | Attribution right: The Licensee shall keep intact all copyright, patent or trademarks notices and all notices that refer to |
| 70 | the Licence and to the disclaimer of warranties. The Licensee must include a copy of such notices and a copy of the |
| 71 | Licence with every copy of the Work he/she distributes or communicates. The Licensee must cause any Derivative Work |
| 72 | to carry prominent notices stating that the Work has been modified and the date of modification. |
| 73 | |
| 74 | Copyleft clause: If the Licensee distributes or communicates copies of the Original Works or Derivative Works, this |
| 75 | Distribution or Communication will be done under the terms of this Licence or of a later version of this Licence unless |
| 76 | the Original Work is expressly distributed only under this version of the Licence — for example by communicating |
| 77 | ‘EUPL v. 1.2 only’. The Licensee (becoming Licensor) cannot offer or impose any additional terms or conditions on the |
| 78 | Work or Derivative Work that alter or restrict the terms of the Licence. |
| 79 | |
| 80 | Compatibility clause: If the Licensee Distributes or Communicates Derivative Works or copies thereof based upon both |
| 81 | the Work and another work licensed under a Compatible Licence, this Distribution or Communication can be done |
| 82 | under the terms of this Compatible Licence. For the sake of this clause, ‘Compatible Licence’ refers to the licences listed |
| 83 | in the appendix attached to this Licence. Should the Licensee's obligations under the Compatible Licence conflict with |
| 84 | his/her obligations under this Licence, the obligations of the Compatible Licence shall prevail. |
| 85 | |
| 86 | Provision of Source Code: When distributing or communicating copies of the Work, the Licensee will provide |
| 87 | a machine-readable copy of the Source Code or indicate a repository where this Source will be easily and freely available |
| 88 | for as long as the Licensee continues to distribute or communicate the Work. |
| 89 | Legal Protection: This Licence does not grant permission to use the trade names, trademarks, service marks, or names |
| 90 | of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and |
| 91 | reproducing the content of the copyright notice. |
| 92 | |
| 93 | 6.Chain of Authorship |
| 94 | The original Licensor warrants that the copyright in the Original Work granted hereunder is owned by him/her or |
| 95 | licensed to him/her and that he/she has the power and authority to grant the Licence. |
| 96 | Each Contributor warrants that the copyright in the modifications he/she brings to the Work are owned by him/her or |
| 97 | licensed to him/her and that he/she has the power and authority to grant the Licence. |
| 98 | Each time You accept the Licence, the original Licensor and subsequent Contributors grant You a licence to their contributions |
| 99 | to the Work, under the terms of this Licence. |
| 100 | |
| 101 | 7.Disclaimer of Warranty |
| 102 | The Work is a work in progress, which is continuously improved by numerous Contributors. It is not a finished work |
| 103 | and may therefore contain defects or ‘bugs’ inherent to this type of development. |
| 104 | For the above reason, the Work is provided under the Licence on an ‘as is’ basis and without warranties of any kind |
| 105 | concerning the Work, including without limitation merchantability, fitness for a particular purpose, absence of defects or |
| 106 | errors, accuracy, non-infringement of intellectual property rights other than copyright as stated in Article 6 of this |
| 107 | Licence. |
| 108 | This disclaimer of warranty is an essential part of the Licence and a condition for the grant of any rights to the Work. |
| 109 | |
| 110 | 8.Disclaimer of Liability |
| 111 | Except in the cases of wilful misconduct or damages directly caused to natural persons, the Licensor will in no event be |
| 112 | liable for any direct or indirect, material or moral, damages of any kind, arising out of the Licence or of the use of the |
| 113 | Work, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss |
| 114 | of data or any commercial damage, even if the Licensor has been advised of the possibility of such damage. However, |
| 115 | the Licensor will be liable under statutory product liability laws as far such laws apply to the Work. |
| 116 | |
| 117 | 9.Additional agreements |
| 118 | While distributing the Work, You may choose to conclude an additional agreement, defining obligations or services |
| 119 | consistent with this Licence. However, if accepting obligations, You may act only on your own behalf and on your sole |
| 120 | responsibility, not on behalf of the original Licensor or any other Contributor, and only if You agree to indemnify, |
| 121 | defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against such Contributor by |
| 122 | the fact You have accepted any warranty or additional liability. |
| 123 | |
| 124 | 10.Acceptance of the Licence |
| 125 | The provisions of this Licence can be accepted by clicking on an icon ‘I agree’ placed under the bottom of a window |
| 126 | displaying the text of this Licence or by affirming consent in any other similar way, in accordance with the rules of |
| 127 | applicable law. Clicking on that icon indicates your clear and irrevocable acceptance of this Licence and all of its terms |
| 128 | and conditions. |
| 129 | Similarly, you irrevocably accept this Licence and all of its terms and conditions by exercising any rights granted to You |
| 130 | by Article 2 of this Licence, such as the use of the Work, the creation by You of a Derivative Work or the Distribution |
| 131 | or Communication by You of the Work or copies thereof. |
| 132 | |
| 133 | 11.Information to the public |
| 134 | In case of any Distribution or Communication of the Work by means of electronic communication by You (for example, |
| 135 | by offering to download the Work from a remote location) the distribution channel or media (for example, a website) |
| 136 | must at least provide to the public the information requested by the applicable law regarding the Licensor, the Licence |
| 137 | and the way it may be accessible, concluded, stored and reproduced by the Licensee. |
| 138 | |
| 139 | 12.Termination of the Licence |
| 140 | The Licence and the rights granted hereunder will terminate automatically upon any breach by the Licensee of the terms |
| 141 | of the Licence. |
| 142 | Such a termination will not terminate the licences of any person who has received the Work from the Licensee under |
| 143 | the Licence, provided such persons remain in full compliance with the Licence. |
| 144 | |
| 145 | 13.Miscellaneous |
| 146 | Without prejudice of Article 9 above, the Licence represents the complete agreement between the Parties as to the |
| 147 | Work. |
| 148 | If any provision of the Licence is invalid or unenforceable under applicable law, this will not affect the validity or |
| 149 | enforceability of the Licence as a whole. Such provision will be construed or reformed so as necessary to make it valid |
| 150 | and enforceable. |
| 151 | The European Commission may publish other linguistic versions or new versions of this Licence or updated versions of |
| 152 | the Appendix, so far this is required and reasonable, without reducing the scope of the rights granted by the Licence. |
| 153 | New versions of the Licence will be published with a unique version number. |
| 154 | All linguistic versions of this Licence, approved by the European Commission, have identical value. Parties can take |
| 155 | advantage of the linguistic version of their choice. |
| 156 | |
| 157 | 14.Jurisdiction |
| 158 | Without prejudice to specific agreement between parties, |
| 159 | — any litigation resulting from the interpretation of this License, arising between the European Union institutions, |
| 160 | bodies, offices or agencies, as a Licensor, and any Licensee, will be subject to the jurisdiction of the Court of Justice |
| 161 | of the European Union, as laid down in article 272 of the Treaty on the Functioning of the European Union, |
| 162 | — any litigation arising between other parties and resulting from the interpretation of this License, will be subject to |
| 163 | the exclusive jurisdiction of the competent court where the Licensor resides or conducts its primary business. |
| 164 | |
| 165 | 15.Applicable Law |
| 166 | Without prejudice to specific agreement between parties, |
| 167 | — this Licence shall be governed by the law of the European Union Member State where the Licensor has his seat, |
| 168 | resides or has his registered office, |
| 169 | — this licence shall be governed by Belgian law if the Licensor has no seat, residence or registered office inside |
| 170 | a European Union Member State. |
| 171 | |
| 172 | |
| 173 | Appendix |
| 174 | |
| 175 | ‘Compatible Licences’ according to Article 5 EUPL are: |
| 176 | — GNU General Public License (GPL) v. 2, v. 3 |
| 177 | — GNU Affero General Public License (AGPL) v. 3 |
| 178 | — Open Software License (OSL) v. 2.1, v. 3.0 |
| 179 | — Eclipse Public License (EPL) v. 1.0 |
| 180 | — CeCILL v. 2.0, v. 2.1 |
| 181 | — Mozilla Public Licence (MPL) v. 2 |
| 182 | — GNU Lesser General Public Licence (LGPL) v. 2.1, v. 3 |
| 183 | — Creative Commons Attribution-ShareAlike v. 3.0 Unported (CC BY-SA 3.0) for works other than software |
| 184 | — European Union Public Licence (EUPL) v. 1.1, v. 1.2 |
| 185 | — Québec Free and Open-Source Licence — Reciprocity (LiLiQ-R) or Strong Reciprocity (LiLiQ-R+). |
| 186 | |
| 187 | The European Commission may update this Appendix to later versions of the above licences without producing |
| 188 | a new version of the EUPL, as long as they provide the rights granted in Article 2 of this Licence and protect the |
| 189 | covered Source Code from exclusive appropriation. |
| 190 | All other changes or additions to this Appendix require the production of a new EUPL version. |