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 |
5 | below) which is provided under the terms of this Licence. Any use of the Work, |
6 | other than as authorised under this Licence is prohibited (to the extent such |
7 | use is covered by a right of the copyright holder of the Work). |
8 | |
9 | The Work is provided under the terms of this Licence when the Licensor (as |
10 | defined below) has placed the following notice immediately following the |
11 | copyright notice for the Work: |
12 | |
13 | Licensed under the EUPL |
14 | |
15 | or has expressed by any other means his willingness to license under the EUPL. |
16 | |
17 | 1. Definitions |
18 | |
19 | In this Licence, the following terms have the following meaning: |
20 | |
21 | - ‘The Licence’: this Licence. |
22 | |
23 | - ‘The Original Work’: the work or software distributed or communicated by the |
24 | Licensor under this Licence, available as Source Code and also as Executable |
25 | Code as the case may be. |
26 | |
27 | - ‘Derivative Works’: the works or software that could be created by the |
28 | Licensee, based upon the Original Work or modifications thereof. This Licence |
29 | does not define the extent of modification or dependence on the Original Work |
30 | required in order to classify a work as a Derivative Work; this extent is |
31 | determined by copyright law applicable in the country mentioned in Article 15. |
32 | |
33 | - ‘The Work’: the Original Work or its Derivative Works. |
34 | |
35 | - ‘The Source Code’: the human-readable form of the Work which is the most |
36 | convenient for people to study and modify. |
37 | |
38 | - ‘The Executable Code’: any code which has generally been compiled and which is |
39 | meant to be interpreted by a computer as a program. |
40 | |
41 | - ‘The Licensor’: the natural or legal person that distributes or communicates |
42 | the Work under the Licence. |
43 | |
44 | - ‘Contributor(s)’: any natural or legal person who modifies the Work under the |
45 | Licence, or otherwise contributes to the creation of a Derivative Work. |
46 | |
47 | - ‘The Licensee’ or ‘You’: any natural or legal person who makes any usage of |
48 | the Work under the terms of the Licence. |
49 | |
50 | - ‘Distribution’ or ‘Communication’: any act of selling, giving, lending, |
51 | renting, distributing, communicating, transmitting, or otherwise making |
52 | available, online or offline, copies of the Work or providing access to its |
53 | essential functionalities at the disposal of any other natural or legal |
54 | person. |
55 | |
56 | 2. Scope of the rights granted by the Licence |
57 | |
58 | The Licensor hereby grants You a worldwide, royalty-free, non-exclusive, |
59 | sublicensable licence to do the following, for the duration of copyright vested |
60 | in the Original Work: |
61 | |
62 | - use the Work in any circumstance and for all usage, |
63 | - reproduce the Work, |
64 | - modify the Work, and make Derivative Works based upon the Work, |
65 | - communicate to the public, including the right to make available or display |
66 | the Work or copies thereof to the public and perform publicly, as the case may |
67 | be, the Work, |
68 | - distribute the Work or copies thereof, |
69 | - lend and rent the Work or copies thereof, |
70 | - sublicense rights in the Work or copies thereof. |
71 | |
72 | Those rights can be exercised on any media, supports and formats, whether now |
73 | known or later invented, as far as the applicable law permits so. |
74 | |
75 | In the countries where moral rights apply, the Licensor waives his right to |
76 | exercise his moral right to the extent allowed by law in order to make effective |
77 | the licence of the economic rights here above listed. |
78 | |
79 | The Licensor grants to the Licensee royalty-free, non-exclusive usage rights to |
80 | any patents held by the Licensor, to the extent necessary to make use of the |
81 | rights granted on the Work under this Licence. |
82 | |
83 | 3. Communication of the Source Code |
84 | |
85 | The Licensor may provide the Work either in its Source Code form, or as |
86 | Executable Code. If the Work is provided as Executable Code, the Licensor |
87 | provides in addition a machine-readable copy of the Source Code of the Work |
88 | along with each copy of the Work that the Licensor distributes or indicates, in |
89 | a notice following the copyright notice attached to the Work, a repository where |
90 | the Source Code is easily and freely accessible for as long as the Licensor |
91 | continues to distribute or communicate the Work. |
92 | |
93 | 4. Limitations on copyright |
94 | |
95 | Nothing in this Licence is intended to deprive the Licensee of the benefits from |
96 | any exception or limitation to the exclusive rights of the rights owners in the |
97 | Work, of the exhaustion of those rights or of other applicable limitations |
98 | thereto. |
99 | |
100 | 5. Obligations of the Licensee |
101 | |
102 | The grant of the rights mentioned above is subject to some restrictions and |
103 | obligations imposed on the Licensee. Those obligations are the following: |
104 | |
105 | Attribution right: The Licensee shall keep intact all copyright, patent or |
106 | trademarks notices and all notices that refer to the Licence and to the |
107 | disclaimer of warranties. The Licensee must include a copy of such notices and a |
108 | copy of the Licence with every copy of the Work he/she distributes or |
109 | communicates. The Licensee must cause any Derivative Work to carry prominent |
110 | notices stating that the Work has been modified and the date of modification. |
111 | |
112 | Copyleft clause: If the Licensee distributes or communicates copies of the |
113 | Original Works or Derivative Works, this Distribution or Communication will be |
114 | done under the terms of this Licence or of a later version of this Licence |
115 | unless the Original Work is expressly distributed only under this version of the |
116 | Licence — for example by communicating ‘EUPL v. 1.2 only’. The Licensee |
117 | (becoming Licensor) cannot offer or impose any additional terms or conditions on |
118 | the Work or Derivative Work that alter or restrict the terms of the Licence. |
119 | |
120 | Compatibility clause: If the Licensee Distributes or Communicates Derivative |
121 | Works or copies thereof based upon both the Work and another work licensed under |
122 | a Compatible Licence, this Distribution or Communication can be done under the |
123 | terms of this Compatible Licence. For the sake of this clause, ‘Compatible |
124 | Licence’ refers to the licences listed in the appendix attached to this Licence. |
125 | Should the Licensee's obligations under the Compatible Licence conflict with |
126 | his/her obligations under this Licence, the obligations of the Compatible |
127 | Licence shall prevail. |
128 | |
129 | Provision of Source Code: When distributing or communicating copies of the Work, |
130 | the Licensee will provide a machine-readable copy of the Source Code or indicate |
131 | a repository where this Source will be easily and freely available for as long |
132 | as the Licensee continues to distribute or communicate the Work. |
133 | |
134 | Legal Protection: This Licence does not grant permission to use the trade names, |
135 | trademarks, service marks, or names of the Licensor, except as required for |
136 | reasonable and customary use in describing the origin of the Work and |
137 | reproducing the content of the copyright notice. |
138 | |
139 | 6. Chain of Authorship |
140 | |
141 | The original Licensor warrants that the copyright in the Original Work granted |
142 | hereunder is owned by him/her or licensed to him/her and that he/she has the |
143 | power and authority to grant the Licence. |
144 | |
145 | Each Contributor warrants that the copyright in the modifications he/she brings |
146 | to the Work are owned by him/her or licensed to him/her and that he/she has the |
147 | power and authority to grant the Licence. |
148 | |
149 | Each time You accept the Licence, the original Licensor and subsequent |
150 | Contributors grant You a licence to their contributions to the Work, under the |
151 | terms of this Licence. |
152 | |
153 | 7. Disclaimer of Warranty |
154 | |
155 | The Work is a work in progress, which is continuously improved by numerous |
156 | Contributors. It is not a finished work and may therefore contain defects or |
157 | ‘bugs’ inherent to this type of development. |
158 | |
159 | For the above reason, the Work is provided under the Licence on an ‘as is’ basis |
160 | and without warranties of any kind concerning the Work, including without |
161 | limitation merchantability, fitness for a particular purpose, absence of defects |
162 | or errors, accuracy, non-infringement of intellectual property rights other than |
163 | copyright as stated in Article 6 of this Licence. |
164 | |
165 | This disclaimer of warranty is an essential part of the Licence and a condition |
166 | for the grant of any rights to the Work. |
167 | |
168 | 8. Disclaimer of Liability |
169 | |
170 | Except in the cases of wilful misconduct or damages directly caused to natural |
171 | persons, the Licensor will in no event be liable for any direct or indirect, |
172 | material or moral, damages of any kind, arising out of the Licence or of the use |
173 | of the Work, including without limitation, damages for loss of goodwill, work |
174 | stoppage, computer failure or malfunction, loss of data or any commercial |
175 | damage, even if the Licensor has been advised of the possibility of such damage. |
176 | However, the Licensor will be liable under statutory product liability laws as |
177 | far such laws apply to the Work. |
178 | |
179 | 9. Additional agreements |
180 | |
181 | While distributing the Work, You may choose to conclude an additional agreement, |
182 | defining obligations or services consistent with this Licence. However, if |
183 | accepting obligations, You may act only on your own behalf and on your sole |
184 | responsibility, not on behalf of the original Licensor or any other Contributor, |
185 | and only if You agree to indemnify, defend, and hold each Contributor harmless |
186 | for any liability incurred by, or claims asserted against such Contributor by |
187 | the fact You have accepted any warranty or additional liability. |
188 | |
189 | 10. Acceptance of the Licence |
190 | |
191 | The provisions of this Licence can be accepted by clicking on an icon ‘I agree’ |
192 | placed under the bottom of a window displaying the text of this Licence or by |
193 | affirming consent in any other similar way, in accordance with the rules of |
194 | applicable law. Clicking on that icon indicates your clear and irrevocable |
195 | acceptance of this Licence and all of its terms and conditions. |
196 | |
197 | Similarly, you irrevocably accept this Licence and all of its terms and |
198 | conditions by exercising any rights granted to You by Article 2 of this Licence, |
199 | such as the use of the Work, the creation by You of a Derivative Work or the |
200 | Distribution or Communication by You of the Work or copies thereof. |
201 | |
202 | 11. Information to the public |
203 | |
204 | In case of any Distribution or Communication of the Work by means of electronic |
205 | communication by You (for example, by offering to download the Work from a |
206 | remote location) the distribution channel or media (for example, a website) must |
207 | at least provide to the public the information requested by the applicable law |
208 | regarding the Licensor, the Licence and the way it may be accessible, concluded, |
209 | stored and reproduced by the Licensee. |
210 | |
211 | 12. Termination of the Licence |
212 | |
213 | The Licence and the rights granted hereunder will terminate automatically upon |
214 | any breach by the Licensee of the terms of the Licence. |
215 | |
216 | Such a termination will not terminate the licences of any person who has |
217 | received the Work from the Licensee under the Licence, provided such persons |
218 | remain in full compliance with the Licence. |
219 | |
220 | 13. Miscellaneous |
221 | |
222 | Without prejudice of Article 9 above, the Licence represents the complete |
223 | agreement between the Parties as to the Work. |
224 | |
225 | If any provision of the Licence is invalid or unenforceable under applicable |
226 | law, this will not affect the validity or enforceability of the Licence as a |
227 | whole. Such provision will be construed or reformed so as necessary to make it |
228 | valid and enforceable. |
229 | |
230 | The European Commission may publish other linguistic versions or new versions of |
231 | this Licence or updated versions of the Appendix, so far this is required and |
232 | reasonable, without reducing the scope of the rights granted by the Licence. New |
233 | versions of the Licence will be published with a unique version number. |
234 | |
235 | All linguistic versions of this Licence, approved by the European Commission, |
236 | have identical value. Parties can take advantage of the linguistic version of |
237 | their choice. |
238 | |
239 | 14. Jurisdiction |
240 | |
241 | Without prejudice to specific agreement between parties, |
242 | |
243 | - any litigation resulting from the interpretation of this License, arising |
244 | between the European Union institutions, bodies, offices or agencies, as a |
245 | Licensor, and any Licensee, will be subject to the jurisdiction of the Court |
246 | of Justice of the European Union, as laid down in article 272 of the Treaty on |
247 | the Functioning of the European Union, |
248 | |
249 | - any litigation arising between other parties and resulting from the |
250 | interpretation of this License, will be subject to the exclusive jurisdiction |
251 | of the competent court where the Licensor resides or conducts its primary |
252 | business. |
253 | |
254 | 15. Applicable Law |
255 | |
256 | Without prejudice to specific agreement between parties, |
257 | |
258 | - this Licence shall be governed by the law of the European Union Member State |
259 | where the Licensor has his seat, resides or has his registered office, |
260 | |
261 | - this licence shall be governed by Belgian law if the Licensor has no seat, |
262 | residence or registered office inside a European Union Member State. |
263 | |
264 | Appendix |
265 | |
266 | ‘Compatible Licences’ according to Article 5 EUPL are: |
267 | |
268 | - GNU General Public License (GPL) v. 2, v. 3 |
269 | - GNU Affero General Public License (AGPL) v. 3 |
270 | - Open Software License (OSL) v. 2.1, v. 3.0 |
271 | - Eclipse Public License (EPL) v. 1.0 |
272 | - CeCILL v. 2.0, v. 2.1 |
273 | - Mozilla Public Licence (MPL) v. 2 |
274 | - GNU Lesser General Public Licence (LGPL) v. 2.1, v. 3 |
275 | - Creative Commons Attribution-ShareAlike v. 3.0 Unported (CC BY-SA 3.0) for |
276 | works other than software |
277 | - European Union Public Licence (EUPL) v. 1.1, v. 1.2 |
278 | - Québec Free and Open-Source Licence — Reciprocity (LiLiQ-R) or Strong |
279 | Reciprocity (LiLiQ-R+). |
280 | |
281 | The European Commission may update this Appendix to later versions of the above |
282 | licences without producing a new version of the EUPL, as long as they provide |
283 | the rights granted in Article 2 of this Licence and protect the covered Source |
284 | Code from exclusive appropriation. |
285 | |
286 | All other changes or additions to this Appendix require the production of a new |
287 | EUPL version. |