Patrick Williams | c124f4f | 2015-09-15 14:41:29 -0500 | [diff] [blame] | 1 | |
| 2 | European Union Public Licence |
| 3 | V.1.0 |
| 4 | EUPL © the European Community 2007 |
| 5 | This European Union Public Licence (the “EUPL”) applies to the Work or Software (as |
| 6 | defined below) which is provided under the terms of this Licence. Any use of the Work, other |
| 7 | than as authorised under this Licence is prohibited (to the extent such use is covered by a right |
| 8 | of the copyright holder of the Work). |
| 9 | The Original Work is provided under the terms of this Licence when the Licensor (as defined |
| 10 | below) has placed the following notice immediately following the copyright notice for the |
| 11 | Original Work: |
| 12 | Licensed under the EUPL V.1.0 |
| 13 | or has expressed by any other mean his willingness to license under the EUPL. |
| 14 | 1. Definitions |
| 15 | In this Licence, the following terms have the following meaning: |
| 16 | − The Licence: this Licence. |
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| 18 | the Licensor under this Licence, available as Source Code and also as Executable |
| 19 | Code as the case may be. |
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| 23 | classify a work as a Derivative Work; this extent is determined by copyright law |
| 24 | applicable in the country mentioned in Article 15. |
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| 26 | − The Source Code: the human-readable form of the Work which is the most |
| 27 | convenient for people to study and modify. |
| 28 | − The Executable Code: any code which has generally been compiled and which is |
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| 31 | Work under the Licence. |
| 32 | − Contributor(s): any natural or legal person who modifies the Work under the |
| 33 | Licence, or otherwise contributes to the creation of a Derivative Work. |
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| 38 | 2. Scope of the rights granted by the Licence |
| 39 | The Licensor hereby grants You a world-wide, royalty-free, non-exclusive, sub-licensable |
| 40 | licence to do the following, for the duration of copyright vested in the Original Work: |
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| 50 | later invented, as far as the applicable law permits so. |
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| 56 | under this Licence. |
| 57 | 3. Communication of the Source Code |
| 58 | The Licensor may provide the Work either in its Source Code form, or as Executable Code. If |
| 59 | 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 |
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| 61 | Work, a repository where the Source Code is easily and freely accessible for as long as the |
| 62 | Licensor continues to distribute and/or communicate the Work. |
| 63 | 4. Limitations on copyright |
| 64 | Nothing in this Licence is intended to deprive the Licensee of the benefits from any exception |
| 65 | or limitation to the exclusive rights of the rights owners in the Original Work or Software, of |
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| 67 | 5. Obligations of the Licensee |
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| 74 | Copyleft clause: If the Licensee distributes and/or communicates copies of the Original |
| 75 | Works or Derivative Works based upon the Original Work, this Distribution and/or |
| 76 | Communication will be done under the terms of this Licence. The Licensee (becoming |
| 77 | Licensor) cannot offer or impose any additional terms or conditions on the Work or |
| 78 | Derivative Work that alter or restrict the terms of the Licence. |
| 79 | Compatibility clause: If the Licensee Distributes and/or Communicates Derivative Works or |
| 80 | copies thereof based upon both the Original Work and another work licensed under a |
| 81 | Compatible Licence, this Distribution and/or Communication can be done under the terms of |
| 82 | this Compatible Licence. For the sake of this clause, “Compatible Licence” refers to the |
| 83 | licences listed in the appendix attached to this Licence. Should the Licensee’s obligations |
| 84 | under the Compatible Licence conflict with his/her obligations under this Licence, the |
| 85 | obligations of the Compatible Licence shall prevail. |
| 86 | Provision of Source Code: When distributing and/or communicating copies of the Work, the |
| 87 | Licensee will provide a machine-readable copy of the Source Code or indicate a repository |
| 88 | where this Source will be easily and freely available for as long as the Licensee continues to |
| 89 | distribute and/or communicate the Work. |
| 90 | Legal Protection: This Licence does not grant permission to use the trade names, trademarks, |
| 91 | service marks, or names of the Licensor, except as required for reasonable and customary use |
| 92 | in describing the origin of the Work and reproducing the content of the copyright notice. |
| 93 | 6. Chain of Authorship |
| 94 | The original Licensor warrants that the copyright in the Original Work granted hereunder is |
| 95 | owned by him/her or licensed to him/her and that he/she has the power and authority to grant |
| 96 | the Licence. |
| 97 | Each Contributor warrants that the copyright in the modifications he/she brings to the Work |
| 98 | are owned by him/her or licensed to him/her and that he/she has the power and authority to |
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| 100 | Each time You, as a Licensee, receive the Work, the original Licensor and subsequent |
| 101 | Contributors grant You a licence to their contributions to the Work, under the terms of this |
| 102 | Licence. |
| 103 | 7. Disclaimer of Warranty |
| 104 | The Work is a work in progress, which is continuously improved by numerous contributors. It |
| 105 | is not a finished work and may therefore contain defects or “bugs” inherent to this type of |
| 106 | software development. |
| 107 | For the above reason, the Work is provided under the Licence on an “as is” basis and without |
| 108 | warranties of any kind concerning the Work, including without limitation merchantability, |
| 109 | fitness for a particular purpose, absence of defects or errors, accuracy, non-infringement of |
| 110 | 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 |
| 111 | any rights to the Work. |
| 112 | 8. Disclaimer of Liability |
| 113 | Except in the cases of wilful misconduct or damages directly caused to natural persons, the |
| 114 | Licensor will in no event be liable for any direct or indirect, material or moral, damages of |
| 115 | any kind, arising out of the Licence or of the use of the Work, including without limitation, |
| 116 | damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data or |
| 117 | any commercial damage, even if the Licensor has been advised of the possibility of such |
| 118 | damage. However, the Licensor will be liable under statutory product liability laws as far such |
| 119 | laws apply to the Work. |
| 120 | 9. Additional agreements |
| 121 | While distributing the Original Work or Derivative Works, You may choose to conclude an |
| 122 | additional agreement to offer, and charge a fee for, acceptance of support, warranty, |
| 123 | indemnity, or other liability obligations and/or services consistent with this Licence. |
| 124 | However, in accepting such obligations, You may act only on your own behalf and on your |
| 125 | sole responsibility, not on behalf of the original Licensor or any other Contributor, and only if |
| 126 | You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred |
| 127 | by, or claims asserted against such Contributor by the fact You have accepted any such |
| 128 | warranty or additional liability. |
| 129 | 10. Acceptance of the Licence |
| 130 | The provisions of this Licence can be accepted by clicking on an icon “I agree” placed under |
| 131 | the bottom of a window displaying the text of this Licence or by affirming consent in any |
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| 133 | indicates your clear and irrevocable acceptance of this Licence and all of its terms and |
| 134 | conditions. |
| 135 | Similarly, you irrevocably accept this Licence and all of its terms and conditions by |
| 136 | exercising any rights granted to You by Article 2 of this Licence, such as the use of the Work, |
| 137 | the creation by You of a Derivative Work or the Distribution and/or Communication by You |
| 138 | of the Work or copies thereof. |
| 139 | 11. Information to the public |
| 140 | In case of any Distribution and/or Communication of the Work by means of electronic |
| 141 | communication by You (for example, by offering to download the Work from a remote |
| 142 | location) the distribution channel or media (for example, a website) must at least provide to |
| 143 | the public the information requested by the applicable law regarding the identification and |
| 144 | address of the Licensor, the Licence and the way it may be accessible, concluded, stored and |
| 145 | reproduced by the Licensee. |
| 146 | 12. Termination of the Licence |
| 147 | The Licence and the rights granted hereunder will terminate automatically upon any breach by |
| 148 | the Licensee of the terms of the Licence. |
| 149 | Such a termination will not terminate the licences of any person who has received the Work |
| 150 | from the Licensee under the Licence, provided such persons remain in full compliance with |
| 151 | the Licence. 13. Miscellaneous |
| 152 | Without prejudice of Article 9 above, the Licence represents the complete agreement between |
| 153 | the Parties as to the Work licensed hereunder. |
| 154 | If any provision of the Licence is invalid or unenforceable under applicable law, this will not |
| 155 | affect the validity or enforceability of the Licence as a whole. Such provision will be |
| 156 | construed and/or reformed so as necessary to make it valid and enforceable. |
| 157 | The European Commission may put into force translations and/or binding new versions of |
| 158 | this Licence, so far this is required and reasonable. New versions of the Licence will be |
| 159 | published with a unique version number. The new version of the Licence becomes binding for |
| 160 | You as soon as You become aware of its publication. |
| 161 | 14. Jurisdiction |
| 162 | Any litigation resulting from the interpretation of this License, arising between the European |
| 163 | Commission, as a Licensor, and any Licensee, will be subject to the jurisdiction of the Court |
| 164 | of Justice of the European Communities, as laid down in article 238 of the Treaty establishing |
| 165 | the European Community. |
| 166 | Any litigation arising between Parties, other than the European Commission, and resulting |
| 167 | from the interpretation of this License, will be subject to the exclusive jurisdiction of the |
| 168 | competent court where the Licensor resides or conducts its primary business. |
| 169 | 15. Applicable Law |
| 170 | This Licence shall be governed by the law of the European Union country where the Licensor |
| 171 | resides or has his registered office. |
| 172 | This licence shall be governed by the Belgian law if: |
| 173 | − a litigation arises between the European Commission, as a Licensor, and any |
| 174 | Licensee; |
| 175 | − the Licensor, other than the European Commission, has no residence or registered |
| 176 | office inside a European Union country. |
| 177 | ===Appendix |
| 178 | “Compatible Licences” according to article 5 EUPL are: |
| 179 | − General Public License (GPL) v. 2 |
| 180 | − Open Software License (OSL) v. 2.1, v. 3.0 |
| 181 | − Common Public License v. 1.0 |
| 182 | − Eclipse Public License v. 1.0 |
| 183 | − Cecill v. 2.0 |
| 184 | |